Richard Colbeck (Tasmania, Liberal Party, Shadow Parliamentary Secretary for Fisheries and Forestry) Share this | Link to this | Hansard source

I rise to make my contribution on behalf of the opposition to the second reading debate on the Fisheries Legislation Amendment Bill (No. 2) 2010. The bill amends the Fisheries Management Act 1991 to strengthen Australia’s capacity to deter and eliminate illegal fishing in Australian waters. This is an issue that is quite important to us, particularly with respect to some of the very valuable fisheries in the southern oceans. It is important that we do this work on illegal fishing and it is unfortunate that the government does not see it as so important. We have already seen a circumstance where, a couple of years ago, Australia’s vessel—which I think Senator Macdonald and Senator Abetz put in place to look after the Southern Ocean—was so busy chasing asylum seekers in Australia’s northern waters that we had to get the French to do the work for us. We had to subcontract our role to the French in respect of protecting our Southern Ocean fisheries, which is an absolute disgrace. It was quite embarrassing for AFMA to find out at estimates—after having budgeted for four trips down there during this financial year—that we were only sending a vessel that they could go on down there three times.

So the government is not taking this as seriously as it possibly could. This legislation assists us with the co-management of these fisheries in conjunction with countries like France, to maintain the circumstances where there is as little illegal fishing in the Southern Ocean as possible. The bill strengthens arrangements for Australia and France to cooperatively enforce fisheries laws in the Southern Ocean with respect to their exclusive economic zones and clarify the defence that currently enables masters of foreign fishing vessels to plead the right to pass through the Australian Fishing Zone to fish in Australian state and Northern Territory coastal waters.

The legislation will also simplify the regulatory regime administered by AFMA enabling regulations to prescribe common conditions that apply to the holders of fishing concessions across different fisheries. It simplifies the requirements for amending fisheries management plans to remove conditions that are prescribed for regulations or otherwise which are redundant. This legislation will allow AFMA to charge Commonwealth and state agencies for the provision of services under the existing section 94 of the act.

As well as importantly increasing our cooperative capacity to manage our zones the bill provides some tidy-up measures in relation to the management of fisheries in Australian waters. One important element that it provides is in enabling AFMA to make its expertise in fisheries management available to Commonwealth, state, territory or overseas agencies—for example by making trained fisheries observers available for the use of state or territory fisheries management agencies or by sharing its technical expertise. Our technical expertise is quite considerable and Australia is recognised as having some of the best fisheries management in the world. I think that it is really important to take that into account when considering some of the other policies that the government is considering at the moment—particularly the introduction of marine protected areas because I know our fisheries industries are significantly concerned about their potential impact. They are also concerned about the government’s progress on the process with respect to marine protected areas, particularly the government’s unwillingness to date to release the displaced effort plan, which will give an indication of what capacity there is for compensation in the development of those marine protected areas. The industries are also concerned about the government’s unwillingness to put some of the science on the table.

The opposition is more than happy to support these important measures. We urge the government to take more seriously its role in advocacy for the commercial fishing sector and the recreational fishing sector in Australia. The government has let these industries, which are very important in respect of providing food and protein for the Australian community, feel as though they are without advocacy and without support. I urge the government to raise their sights in respect of that but the opposition is prepared to support this legislation.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | Link to this | Hansard source

I will not detain the Senate for too long. I just want to support my colleague’s contribution and congratulate Senator Colbeck on the very fine job he is doing in holding the government to account in the fisheries area. Senator Colbeck has spent some time explaining the provisions of the bill. I want to briefly comment on arrangements with other nations to assist with looking after fisheries. I again commend our relationship with the French, particularly in the Southern Ocean, in protecting the very valuable and relatively rare Patagonian toothfish, which lives in the Southern Ocean and is harvested in a very controlled way by France and Australia, amongst other nations.

Ten or so years ago there was a push by pirates to take the Patagonian toothfish to such an extent that the species was in danger of disappearing from the planet. It was at that time that Australia and other nations embarked upon a lot of activity to protect the southern waters and the Patagonian toothfish. The toothfish is a magnificent table fish. It is highly sought after around the world and brings a very strong price. There are a couple of licence holders in Australia and they are able to harvest it in a very controlled and defined way. It is a way of protecting the species but allowing the magnificent fish to reach some people’s tables.

Over the years, the French have been very close allies of ours in looking after the Southern Ocean and the French territory around Kerguelen Islands. The French, out of the island of Reunion, have a very sophisticated military base to look after and help protect that territory. Like Senator Colbeck, I am very concerned that the Oceanic Viking, which the Australian government leased specifically to protect Southern Ocean waters, is being used for matters not related to protection of fisheries. I well remember commissioning two 50-millimetre machineguns for the Oceanic Viking to give the ship some real power to enforce Australian and international laws where appropriate on the high seas. It seems to me to be another indication of the mismanagement of the Rudd and Gillard governments that this ship, instead of doing what it was built for and acquired for—that is, protecting our waters and the waters of other nations against pirate fishing—ended up being a floating hotel for illegal immigrants in northern waters. The Labor government cannot protect our borders and cannot properly manage the refugee system as it relates to Australia. It is a shame that vessels that were acquired for other purposes have to be used in this way to simply try and overcome the deficiencies of the current government.

Kim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to government amendments to be moved later in the process of this bill. That memorandum was circulated in the chamber on 17 November.

Mark Bishop (WA, Australian Labor Party) Share this | Link to this | Hansard source

The question is that the bill be read a second time.

Question agreed to.

Bill read a second time.