Page 3011 - Week 09 - Thursday, 21 September 2006
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It gives me great pleasure today to present the Fisheries Amendment Bill 2006. This is a bill that addresses a complex issue that affects sustainable fisheries management throughout Australia, including the ACT; that is, the illegal trafficking in priority species. Currently these priority species are abalone and rock lobster.
These species are taken from locations down at the coast and then trafficked into the ACT, being transported up the Kings and Monaro highways, where they either transit the ACT or are sold in certain areas of Canberra. Trafficking in unlawfully taken species, especially abalone, is an extremely serious and profitable business, often dominated by organised crime syndicates who see this as a less dangerous enterprise than drug trafficking, prostitution or handling stolen goods.
It should be said at the outset that fisheries legislation was created to regulate fisheries; it was not intended to combat organised crime. It is fair to say that this kind of natural resource crime was not envisaged when the Fisheries Act 2000 was drafted.
The National Fisheries Compliance Committee (NFCC), of which the ACT is a member, has proposed that all jurisdictions introduce these or similar offence provisions in a coordinated attempt to displace this criminal activity. Amendments in other jurisdictions are in varying degrees of development and implementation. These are attempts to achieve consistency in compliance and enforcement.
As a result of this new focus, a Queensland businessman who received stolen abalone form Tasmania was fined $1.2 million only last month. He was also sentenced to three months imprisonment for his role in illegally sending dried abalone meat to Queensland.
These ACT amendments introduce appropriate offences, with strong penalties to cover the illegal trade; that is, trade that has not been licensed by the conservator. Offences to be introduced include an offence of trafficking in a commercial quantity of a priority species, possession of a commercial quantity of a priority species, and taking a commercial quantity of a priority species within 24 hours.
The trafficking concept has been chosen because of the synergies between drug trafficking and the illegal movement of abalone. The courts are familiar with the trafficking concept and therefore will be able to apply the proposed offences effectively. The proposed new offence for trafficking has a maximum penalty and a sentencing range similar to that of theft, slightly lower than handling stolen goods or drug trafficking.
The amendments also introduce a provision for the conservator to issue a licence to take priority species and minor amendments to ensure compliance with the reporting and labelling requirements of the national docketing system (NDS) and related issues. The minor amendments to the national docketing system will ensure that all aspects of the trade are fully covered and compliant in relation to reporting and labelling. The underreporting of fish takes has a serious implication for the sustainable management of fisheries and should be taken as a serious offence, given the high black market values of priority species.
The people of the ACT should be proud of the extent and quality of the sustainable management of fisheries and of its cooperation with other jurisdictions in developing
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