Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018
Plain English Summary
Overview
This bill overhauls Queensland's fisheries laws to implement the Sustainable Fisheries Strategy 2017-2027. It introduces harvest strategies as the main tool for managing fish stocks, cracks down on the illegal sale of fish (black marketing) with new trafficking offences and stronger inspector powers, and formally recognises charter fishing and traditional fishing as distinct sectors.
Who it affects
Most recreational and commercial fishers will see no change to their fishing access. People involved in illegal fish sales face significantly tougher penalties, including up to 3 years imprisonment for trafficking in high-value species like mud crab and coral trout. Water users near shark control equipment must now maintain a 20-metre exclusion zone.
Key changes
- Harvest strategies introduced as the primary fisheries management tool, with pre-agreed rules for how each fishery is managed based on stock health
- New trafficking offence for illegally selling priority species (mud crab, coral trout, spanish mackerel, shark fin, tropical rock lobster) with penalties up to 3,000 penalty units or 3 years imprisonment
- Inspectors can enter commercial premises handling seafood without a warrant, inspect vehicles at boat ramps, and must wear body-worn cameras during inspections
- Charter fishing formally recognised as a distinct sector, and traditional fishing by Aboriginal and Torres Strait Islander communities acknowledged in the Act's objectives
- Mandatory vessel tracking for prescribed commercial fishing boats, with 1,000 penalty units for non-compliance or tampering
- 20-metre exclusion zone around shark control apparatus (nets and drumlines) for public safety
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee4 Sept 2018View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined the Bill and recommended it be passed. The committee held public hearings in Brisbane, Cairns, and Scarborough, receiving input from commercial and recreational fishers, environmental groups, the Queensland Law Society, and government officials. The committee made five recommendations, including lowering the threshold for the trafficking offence, aligning penalties for information disclosure with vessel monitoring offences, and requesting updates on vessel monitoring system implementation. The government agreed to two recommendations and noted the others, declining to lower the trafficking threshold or increase information disclosure penalties.
Key findings (5)
- The Bill modernises Queensland's fisheries management framework to recognise recreational, commercial, charter, and Aboriginal and Torres Strait Islander fishing sectors for the first time.
- Commercial fishers raised concerns about the cost and reliability of mandatory Vessel Monitoring Systems, particularly for operators with multiple vessels.
- The committee found the 'commercial quantity' threshold for the trafficking offence (five times the recreational limit) should be significantly lowered to better combat black marketing of fish.
- The Queensland Law Society raised concerns that expanded inspector powers to enter commercial premises without a warrant may breach fundamental legal rights.
- Stakeholders in the commercial fishing industry expressed concern about the security of confidential vessel tracking data held by third-party providers.
Recommendations (5)
- The committee recommends the Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018 be passed.
- The committee recommends the Minister for Agricultural Industry Development and Fisheries review the definition of 'commercial quantity' as it relates to the offence of trafficking in priority fish to a threshold that is significantly lower than five times the recreational limit or weight equivalent.
- The committee recommends the Bill be amended so that there are comparable penalties for offences relating to the installation and use of Vessel Monitoring Systems and for offences relating to the use and disclosure of confidential information by public servants and third parties.
- The committee recommends the Minister for Agricultural Industry Development and Fisheries, in his second reading speech, clarify the nature of the indemnity provisions contained in contracts between fishers and third party providers of Vessel Monitoring Systems.
- The committee recommends the Department of Agriculture and Fisheries provide the committee with an update on the implementation of Vessel Monitoring Systems 18 months after the Bill is passed.
Committee report tabled
▸Second Reading27 Feb 2019View Hansard
Vote on a motion
Vote on a motion debated during this sitting day; the specific motion content is not included in the bill debate transcript.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (49)
Noes (40)
▸16 members spoke7 support5 oppose4 mixed
As the minister introducing the bill, outlined its four objectives: modernising the Fisheries Act, clarifying ministerial and chief executive roles for responsive decision-making through harvest strategies, strengthening enforcement against black marketing, and reducing legislative complexity.
“If Queensland wants to have a world-class fishery, we need to have world-class information.”— 2019-02-28View Hansard
As Minister for Fisheries, introduced and defended the bill as essential to modernise Queensland's fisheries management framework, implement the Sustainable Fisheries Strategy, and crack down on black marketing of seafood.
“We all want our children and grandchildren to be able to enjoy a sustainable fishery, either for recreation or to support commercial fishing businesses or for all Queenslanders to enjoy local seafood.”— 2019-02-27View Hansard
Opposed the bill as a threat to commercial fishing families and small businesses, criticising vessel monitoring system requirements as creating safety hazards, the shift to zone-specific management, and the transfer of ministerial powers to the chief executive.
“This fishing strategy should deliver minimal changes rather than the massive proposed changes that will see chaos and an illegal transfers of wealth in regional economies.”— 2019-02-28View Hansard
Acknowledged the bill goes some way to delivering needed reforms but criticised the government for overreaching on powers of entry without warrants, inadequate penalties for misuse of VMS data, and the botched VMS rollout. Moved several amendments including restricting inspector entry powers and reducing the commercial quantity threshold.
“In part, this bill goes some way to bringing in the reforms that the industry needs. However, as is usual with this Labor government, it has overreached in some matters and simply does not do enough in others.”— 2019-02-27View Hansard
Supported the bill as essential for sustainable fisheries management, highlighting the $20 million investment in Queensland Boating and Fisheries Patrol and the importance of harvest strategies.
“Passing the sustainable fisheries bill is an important step towards giving Queenslanders a legacy of a sustainable fishery for our children and our grandchildren.”— 2019-02-28View Hansard
Supported the bill as committee chair, emphasising that fisheries are a public resource for all Queenslanders and that stronger compliance powers are needed to combat black marketing. Dismissed opposition concerns about inspector entry powers as impractical.
“Only one side of this parliament is committed to keeping our fisheries going for generations to come. We will ensure that we have an industry for countless generations of Queenslanders into the future.”— 2019-02-27View Hansard
Supported the bill and praised the extensive consultation process including green papers, portside meetings and committee processes. Highlighted the black market provisions and vessel tracking as tools for world-class fishery management.
“If Queensland wants to have a world-class fishery, we need to have world-class information.”— 2019-02-28View Hansard
As a committee member, acknowledged support for stronger black marketing penalties and the strategy's general direction but was critical of the minister for ignoring committee recommendations on VMS data penalties and commercial quantity thresholds, and opposed expanded powers of entry without warrants.
“The minister has once again disappointed. He has failed to represent the very people that he is charged to represent. He has let down the commercial fishermen of this state.”— 2019-02-27View Hansard
Acknowledged some positive aspects of the bill including tougher black market penalties and the foundation in the 2014 LNP-commissioned review, but raised concerns about VMS reliability, data security, and inadequate penalties for illegally disclosing vessel tracking data.
“The maximum penalty for illegally disclosing vessel tracking data is 50 penalty points, or a mere $6,527.57. Putting this into perspective, if a commercial fisher is found guilty of breaching the VMS compliance, they will face a maximum penalty of 1,000 penalty points.”— 2019-02-28View Hansard
Supported the bill as steering Queensland towards internationally leading fisheries management, complementing the $20 million investment and the broader Reef 2050 Plan.
“By voting to support this bill, we are supporting effective action now and a legacy of sustainable fisheries for our children and grandchildren.”— 2019-02-28View Hansard
Acknowledged the need for sustainable fishing reforms and the value of previous work including the MRAG review, but expressed concerns about continuing red tape on commercial fishers and potentially misleading surveys related to marine zoning.
“No-one can really recall the number of reports, inquiries and committees that have in some cases systematically torn away the rights of commercial businesses.”— 2019-02-28View Hansard
Supported the bill as important for protecting Moreton Bay's fisheries, highlighting the government's investment in sustainable fisheries management and stronger enforcement against black marketing.
“The Palaszczuk government is committed to making our fisheries sustainable for the future, profitable for the commercial sector and enjoyable for recreational fishers.”— 2019-02-28View Hansard
Opposed the bill due to concerns about the impact of VMS on commercial fishers' intellectual property, transfer of decision-making powers from the minister to the chief executive, and the definition of 'commercial quantity' for trafficking offences.
“The mere idea of big brother looking over their shoulder and recording this information about these locations is unsettling.”— 2019-02-28View Hansard
Opposed the bill, arguing it will harm commercial fishing families in regional Queensland and expressing particular concerns about vessel monitoring systems and their impact on small business operators.
“These changes are happening to an industry that is already heavily regulated and struggling.”— 2019-02-28View Hansard
Spoke on behalf of the LNP opposition, moving amendments to the bill during consideration in detail that were defeated on division.
“The LNP has concerns about the way this bill shifts decision-making power away from the minister to the chief executive.”— 2019-02-28View Hansard
Opposed the bill, expressing concerns about the vessel monitoring system, the shift of powers from minister to chief executive, and the impact on commercial fishing families in Queensland.
“Three or four times the limit is not a mistake; it is an intentional violation.”— 2019-02-28View Hansard
▸In Detail28 Feb 2019View Hansard
LNP amendments to the Fisheries (Sustainable Fisheries Strategy) Amendment Bill moved during consideration in detail, addressing concerns about the transfer of decision-making powers from the minister to the chief executive.
That the amendments be agreed to
Vote on LNP amendments moved by Mr Perrett to require fisheries inspectors to give at least 5 days notice before entering commercial fishing premises, implementing the committee's recommendations on entry powers. The amendments were defeated 43-48.
The motion was defeated.
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Ayes (43)
Noes (48)
That the amendment be agreed to
Vote on an amendment to a motion debated during this sitting day; the specific motion content is not included in the bill debate transcript.
The motion passed.
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Ayes (48)
Noes (43)
That the motion, as amended, be agreed to
Vote on the motion as amended during this sitting day; the specific motion content is not included in the bill debate transcript.
The motion passed.
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Ayes (49)
Noes (43)
▸Third Reading28 Feb 2019View Hansard
That the bill be now read a third time
Final passage vote on the Fisheries (Sustainable Fisheries Strategy) Amendment Bill after consideration in detail stage.
The motion passed.
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Ayes (48)
Noes (43)
That the long title of the bill be agreed to
Procedural vote on the long title of the Fisheries bill, with the same voting pattern as the third reading (48-43).
The motion passed.
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Ayes (48)
Noes (43)
Assent date: 7 March 2019