This paper was released on 16 February 2016 to assist participants in preparing a submission to the public inquiry into Marine Fisheries and Aquaculture. It outlines a range of issues about which the Commission is seeking information.

Initial submissions are due by Thursday 31 March 2016. Opportunity for further comment will be sought upon release of the draft report in mid August 2016.

Background

Commonwealth, State and Territory governments are responsible for the management of Australian fisheries within their respective jurisdictions. Regulations are used to implement controls, such as limits on catch or effort levels, and regulate fishing methods in order to manage Australia's fisheries in a way that meets social and economic considerations and ecological sustainability objectives.

Except where agreement is reached to the contrary, state/territory laws apply to coastal waters (up to three nautical miles) and Commonwealth laws apply from those waters out to the limit of the Australian fishing zone (200 nautical miles). As most recreational and traditional Indigenous fishing activity occurs in waters within state/territory jurisdiction, state/territory administrations generally manage these forms of fishing activity.

As a result, Australia's commercial fisheries are governed by a total of eight jurisdictions (the Commonwealth, states and the Northern Territory), with each jurisdiction developing specific regimes for fisheries management, fisheries research, reporting and environmental protection.

In addition, there are 59 separate arrangements under the Offshore Constitutional Settlement that determine how cross-jurisdictional stocks are to be managed.

There are also four joint fisheries authorities. This regulatory environment oversees an industry that has a gross value of production of $1.3 billion per annum. It is also an industry that has been the subject of a large number of recent inquiries and reviews at many levels.

While Australia's fisheries are regarded as sustainable, reliable and safe, there is scope to improve the management of fisheries through effective and coordinated regulatory and management arrangements. This includes the streamlining of regulations, rationalising jurisdictional and offshore constitutional settlement arrangements through improved cross jurisdiction and multi-jurisdictional regulatory regimes, information and service sharing, and harmonisation of environmental, management and compliance arrangements.

While aquaculture is within scope, it was the subject of a Productivity Commission research paper in 2004 which examined existing planning and environmental regulatory arrangements. The Commission should use the findings of this research as a basis to inform its current inquiry rather than commencing a new investigation into issues impacting the aquaculture sector.