Abbreviations the Act – Fisheries Act 1995 the current Regulations – refers to both the Fisheries (Fees, Royalties and Levies) Regulations 2008 and the Fisheries Regulations 2009 the proposed Regulations – Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licence) Regulations 2016 CBR – Commissioner for Better Regulation CPI – Consumer Price Index DEDJTR – Department of Economic Development, Jobs, Transport and Resources FV – Fisheries Victoria, a branch within DEDJTR responsible for policy and administration of regulation of fisheries GSP – Gross State Product MCA – Multi-criteria Analysis NCC – National Competition Council PV – Present Value Premier’s Guidelines – Subordinate Legislation Act 1994 Guidelines RFGP – Recreational Fishing Grants Program RFL – Recreational Fishery Licence RIS – Regulatory Impact Statement
Background 1.1 Legislative framework The Fisheries Act 1995 (the Act) establishes a modern legislative framework for the regulation, management and conservation of Victoria’s fisheries. Many fish species are valued by fishers and/or fish consumers and are used for commercial, recreational or subsistence purposes. The community also values fish and aquatic ecosystem habitats for environmental and other non-consumptive uses. Recognising that recreational fishing brings significant benefit to fishers, regional communities and the economy, Victoria’s system of fisheries resource management aims to: ensure recreational fishing is sustainable in the long-term and optimises returns to recreational fishers and the community recognise within the licensing framework the right to take fish monitor and enforce licence requirements, including through research, education and enforcement to ensure compliance with fishery regulations enable government to continue to improve recreational fishing opportunities while balancing the other uses of the resource. The Act recognises the need to manage the State’s fish stocks while at the same time allowing people to enjoy their right to fish as a legitimate recreational activity. The key objectives of the Act, which relate to recreational fishing, include: management, development and use of Victoria's fisheries and associated aquatic biological resources in an efficient, effective and ecologically sustainable manner protecting and conserving fisheries resources, habitats and ecosystems including the maintenance of aquatic ecological processes and genetic diversity promoting quality recreational fishing opportunities for the benefit of present and future generations facilitating access to fisheries resources. The key elements of the framework for managing fisheries in Victoria are in Figure 1A. Figure 1A – Framework for fisheries management Set total sustainable catch All sectors Allocate access Recreational Commercial Aboriginal Access entitlements Open access (licensing applies) Limited access (commercial entitlements) Traditional owners Harvest strategy Harvest managed within general limits and targets, with clear decision rules Harvest managed within specific limits, with performance indicators, and clear decision rules Estimated take provided for within the harvest strategy Management tools Output or input controls Output or controls Input controls Management planning involving stakeholders