UNCLASSIFIED

UNCLASSIFIED
Hello,

I confirm receipt of your request.

We are a small agency with limited resources. Given the scope and extent of your request, I will need to liaise with the relevant Branch Heads to determine whether it is possible to meet your request within the limited timeframe stipulated in the FOI legislation BEFORE I formally acknowledge receipt of your request pursuant to the relevant provisions of the FOI act. It may be that I refuse to acknowledge your request and liaise with you: either negotiating an extension of time to respond; and/or an amendment to your request.

I will do this as quickly as possible. My intention is to call an urgent meeting Monday 4 February - today being Friday 1 February.

I will get back to you as soon as possible.

Sincerely
Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
[email address]

Important: This message may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: Chris Smyth <[FOI #5240 email]>
Sent: Friday, 1 February 2019 11:26 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Documents relating to the entry of foreign fishing vessels into the Australian Fishing Zone

Dear Australian Fisheries Management Authority,

Re: Freedom of Information request for documents relating to the entry of foreign fishing vessels into the Australian Fishing Zone

I write in relation to the above matter, making this FOI request under the Freedom of Information Act 1982.

Sections 34–37 of the Fisheries Management Act 1991 deal with the entry and operation of foreign vessels into the Australian Fishing Zone. Under the Act, foreign fishing vessels are prohibited entry to fish in Australian waters except where they are here under a bilateral agreement or a treaty with another country, have been imported and registered on the Australian shipping register—they must satisfy Australian Marine Safety Authority requirements—have been deemed by AFMA to be Australian vessels or are part of a collaborative fishing venture.
For me to properly consider the issues in relation to the entry of foreign fishing vessels into Australian waters, I hereby request, pursuant to the provisions of the Freedom of Information Act 1982, that I be provided with copies of the following documents:
o Letters, email communications and minutes of meetings between the CEO and/or staff of the Australian Fisheries Management Authority and the CEO and/or members of Tuna Australia pertaining to:
o the entry and use of foreign fishing vessels into the Australian Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 either through importation, deeming, joint ventures or under bilateral agreements or treaties over the past five years;
o possible changes to Sections 34–37 of the Fisheries Management Act with respect of changes to entry of and/or operational requirements on foreign fishing vessels (deemed or otherwise) in the Australian Fishing Zone;
o any references to the operation of foreign or deemed vessels and the proposed changes to Commonwealth marine park management plans, particularly in the Coral Sea Marine Park, Temperate East Marine Region, South West Marine Region and the North West Marine Region;
o letters, email communications and minutes of meetings between the CEO and/or staff of the Australian Fisheries Management Authority and individual owners/operators of Australian tuna fishing vessels pertaining to:
o the entry and use of foreign fishing vessels into the Australian Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 either through importation, deeming, joint ventures or under bilateral agreements or treaties over the past five years;
o possible changes to Sections 34–37 of the Fisheries Management Act with respect of changes to entry of and/or operational requirements on foreign fishing vessels (deemed or otherwise) in the Australian Fishing Zone;
o any references to the operation of foreign or deemed vessels and the proposed changes to Commonwealth marine park management plans, particularly in the Coral Sea Marine Park, Temperate East Marine Region, South West Marine Region and the North West Marine Region;
o letters, email communications and minutes of meetings between the CEO and/or staff of the Australian Fisheries Management Authority and individual owners/operators of fishing vessels used in the Small Pelagics Fishery pertaining to:
o the entry and use of foreign fishing vessels into the Australian Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 either through importation, deeming and joint ventures or under bilateral agreements or treaties over the past five years;
o possible changes to Sections 34–37 of the Fisheries Management Act with respect of changes to entry of and/or operational requirements on foreign fishing vessels (deemed or otherwise) in the Australian Fishing Zone;
o any references to the operation of foreign or deemed vessels and the proposed changes to Commonwealth marine park management plans, particularly in the Coral Sea Marine Park, Temperate East Marine Region, South West Marine Region and the North West Marine Region;
o emails, letters, briefing papers or notes prepared by the Australian Fisheries Management Authority for the federal Minister or Assistant Minister for Agriculture and Water Resources, pertaining to:
o the entry and use of foreign fishing vessels into the Australian Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 either through importation, deeming, joint ventures or under bilateral agreements or treaties over the past five years;
o possible changes to Sections 34–37 of the Fisheries Management Act with respect of changes to entry of and/or operational requirements on foreign fishing vessels (deemed or otherwise) in the Australian Fishing Zone;
o any references to the operation of foreign or deemed vessels and the proposed changes to Commonwealth marine park management plans, particularly in the Coral Sea Marine Park, Temperate East Marine Region, South West Marine Region and the North West Marine Region;
o letters, emails and minutes of meetings between Australian Fisheries Management Authority officers and the Department of Agriculture and Waters Resources managers of tuna fisheries and the Small Pelagics Fishery pertaining to:
o the entry and use of foreign fishing vessels into the Australian Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 either through importation, deeming, joint ventures or under bilateral agreements or treaties over the past five years;
o possible changes to Sections 34–37 of the Fisheries Management Act with respect of changes to entry of and/or operational requirements on foreign fishing vessels (deemed or otherwise) in the Australian Fishing Zone;
o any references to the operation of foreign or deemed vessels and the proposed changes to Commonwealth marine park management plans, particularly in the Coral Sea Marine Park, Temperate East Marine Region, South West Marine Region and the North West Marine Region;
o a list of the foreign fishing vessels that have entered the Australian Fishing Zone through importation, deeming and joint ventures or under bilateral agreements or treaties over the past five years, the names of their owners (including the new owners for those vessels imported) and the fishery in which they have been used over the past five years;
o a list of current applications under Sections 34–37 of the Fisheries Management Act for the entry into and operation of foreign fishing vessels in the Australian Fishing Zone either through importation, deeming, joint ventures or under bilateral agreements or treaties, including the names of the vessels, the names of their owners (including the new owners for those vessels imported) and the fishery in which each vessel is proposed to be used;
o a list of foreign vessels that have become “Australian boats’ under the Australian Fisheries Management Act 1991 and nominated to Commonwealth concessions harvesting fish from the Australian Fishing Zone over the past five years, including the names of their owners, the concession owners and the fishery in which they have been used over the past five years;
o briefing notes prepared for or by the CEO of the Australian Fisheries Management Authority for his presentation at the Senate Rural and Regional Affairs and Transport Legislation Committee Estimates on 24 October 2017;
o the analyses conducted or commissioned by the Australian Fisheries Management Authority that determined that tuna stocks within the Australian Fishing Zone were ‘underutilised’;
o the assessments carried out or commissioned by the Australian Fisheries Management Authority, and the criteria used, to determine that the tuna fisheries and the Small Pelagics Fishery in the Australian Fishing Zone were ecologically sustainable;
o the analyses used to define a ‘super trawler’ in terms of the length of a vessel.

I thank you in advance for assistance with this matter. Should you need to clarify any aspects of this FOI request, please contact me at the email address below.

Yours faithfully

Chris Smyth

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Good Morning Mr Smyth

Freedom of Information Request - Documents relating to the entry of
foreign fishing vessels into the Australian Fishing Zone

I refer to your FOI request and my initial response ( below).

I apologise for the delay in following up -  I have been out of the
office, unwell, for the last 10 days.

We received your request in a plain text format. It was very hard to
discern what it was you were requesting. I have reproduced what we
received below.

Sections 34–37 of the Fisheries Management Act 1991 deal with the entry
and operation of foreign vessels into the Australian Fishing Zone. Under
the Act, foreign fishing vessels are prohibited entry to fish in
Australian waters except where they are here under a bilateral agreement
or a treaty with another country, have been imported and registered on the
Australian shipping register—they must satisfy Australian Marine Safety
Authority requirements—have been deemed by AFMA to be Australian vessels
or are part of a collaborative fishing venture.

For me to properly consider the issues in relation to the entry of foreign
fishing vessels into Australian waters, I hereby request, pursuant to the
provisions of the Freedom of Information Act 1982, that I be provided with
copies of the following documents:

o             Letters, email communications and minutes of meetings
between the CEO and/or staff of the Australian Fisheries Management
Authority and the CEO and/or members of Tuna Australia pertaining to:

o             the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o             any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o             letters, email communications and minutes of meetings
between the CEO and/or staff of the Australian Fisheries Management
Authority and individual owners/operators of Australian tuna fishing
vessels pertaining to:

o             the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o             any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o             letters, email communications and minutes of meetings
between the CEO and/or staff of the Australian Fisheries Management
Authority and individual owners/operators of fishing vessels used in the
Small Pelagics Fishery pertaining to:

o             the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming and joint ventures or under
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o             any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o             emails, letters, briefing papers or notes prepared by the
Australian Fisheries Management Authority for the federal Minister or
Assistant Minister for Agriculture and Water Resources, pertaining to:

o             the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o             any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o             letters, emails and minutes of meetings between Australian
Fisheries Management Authority officers and the Department of Agriculture
and Waters Resources managers of tuna fisheries and the Small Pelagics
Fishery pertaining to:

o             the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o             any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o             a list of the foreign fishing vessels that have entered the
Australian Fishing Zone through importation, deeming and joint ventures or
under bilateral agreements or treaties over the past five years, the names
of their owners (including the new owners for those vessels imported) and
the fishery in which they have been used over the past five years;

o             a list of current applications under Sections 34–37 of the
Fisheries Management Act for the entry into and operation of foreign
fishing vessels in the Australian Fishing Zone either through importation,
deeming, joint ventures or under bilateral agreements or treaties,
including the names of the vessels, the names of their owners (including
the new owners for those vessels imported) and the fishery in which each
vessel is proposed to be used;

o             a list of foreign vessels that have become “Australian
boats’ under the Australian Fisheries Management Act 1991 and nominated to
Commonwealth concessions harvesting fish from the Australian Fishing Zone
over the past five years, including the names of their owners, the
concession owners and the fishery in which they have been used over the
past five years;

o             briefing notes prepared for or by the CEO of the Australian
Fisheries Management Authority for his presentation at the Senate Rural
and Regional Affairs and Transport Legislation Committee Estimates on 24
October 2017;

o             the analyses conducted or commissioned by the Australian
Fisheries Management Authority that determined that tuna stocks within the
Australian Fishing Zone were ‘underutilised’;

o             the assessments carried out or commissioned by the
Australian Fisheries Management Authority, and the criteria used, to
determine that the tuna fisheries and the Small Pelagics Fishery in the
Australian Fishing Zone were ecologically sustainable;

o             the analyses used to define a ‘super trawler’ in terms of
the length of a vessel.

The line area, upon my request, have reformatted the request - below.

Re: Freedom of Information request for documents relating to the entry of
foreign fishing vessels into the Australian Fishing Zone

I write in relation to the above matter, making this FOI request under the
Freedom of Information Act 1982.

Sections 34–37 of the Fisheries Management Act 1991 deal with the entry
and operation of foreign vessels into the Australian Fishing Zone. Under
the Act, foreign fishing vessels are prohibited entry to fish in
Australian waters except where they are here under a bilateral agreement
or a treaty with another country, have been imported and registered on the
Australian shipping register—they must satisfy Australian Marine Safety
Authority requirements—have been deemed by AFMA to be Australian vessels
or are part of a collaborative fishing venture.

For me to properly consider the issues in relation to the entry of foreign
fishing vessels into Australian waters, I hereby request, pursuant to the
provisions of the Freedom of Information Act 1982, that I be provided with
copies of the following documents:

·       Letters, email communications and minutes of meetings between the
CEO and/or staff of the Australian Fisheries Management Authority and the
CEO and/or members of Tuna Australia pertaining to:

o   the entry and use of foreign fishing vessels into the Australian
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991
either through importation, deeming, joint ventures or under bilateral
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act
with respect of changes to entry of and/or operational requirements on
foreign fishing vessels (deemed or otherwise) in the Australian Fishing
Zone;

o   any references to the operation of foreign or deemed vessels and the
proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

·       letters, email communications and minutes of meetings between the
CEO and/or staff of the Australian Fisheries Management Authority and
individual owners/operators of Australian tuna fishing vessels pertaining
to:

o   the entry and use of foreign fishing vessels into the Australian
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991
either through importation, deeming, joint ventures or under bilateral
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act
with respect of changes to entry of and/or operational requirements on
foreign fishing vessels (deemed or otherwise) in the Australian Fishing
Zone;

o   any references to the operation of foreign or deemed vessels and the
proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

·       letters, email communications and minutes of meetings between the
CEO and/or staff of the Australian Fisheries Management Authority and
individual owners/operators of fishing vessels used in the Small Pelagics
Fishery pertaining to:

o   the entry and use of foreign fishing vessels into the Australian
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991
either through importation, deeming and joint ventures or under bilateral
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act
with respect of changes to entry of and/or operational requirements on
foreign fishing vessels (deemed or otherwise) in the Australian Fishing
Zone;

o   any references to the operation of foreign or deemed vessels and the
proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

·       emails, letters, briefing papers or notes prepared by the
Australian Fisheries Management Authority for the federal Minister or
Assistant Minister for Agriculture and Water Resources, pertaining to:

o   the entry and use of foreign fishing vessels into the Australian
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991
either through importation, deeming, joint ventures or under bilateral
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act
with respect of changes to entry of and/or operational requirements on
foreign fishing vessels (deemed or otherwise) in the Australian Fishing
Zone;

o   any references to the operation of foreign or deemed vessels and the
proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

·       letters, emails and minutes of meetings between Australian
Fisheries Management Authority officers and the Department of Agriculture
and Waters Resources managers of tuna fisheries and the Small Pelagics
Fishery pertaining to:

o   the entry and use of foreign fishing vessels into the Australian
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991
either through importation, deeming, joint ventures or under bilateral
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act
with respect of changes to entry of and/or operational requirements on
foreign fishing vessels (deemed or otherwise) in the Australian Fishing
Zone;

o   any references to the operation of foreign or deemed vessels and the
proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

·       a list of the foreign fishing vessels that have entered the
Australian Fishing Zone through importation, deeming and joint ventures or
under bilateral agreements or treaties over the past five years, the names
of their owners (including the new owners for those vessels imported) and
the fishery in which they have been used over the past five years;

·       a list of current applications under Sections 34–37 of the
Fisheries Management Act for the entry into and operation of foreign
fishing vessels in the Australian Fishing Zone either through importation,
deeming, joint ventures or under bilateral agreements or treaties,
including the names of the vessels, the names of their owners (including
the new owners for those vessels imported) and the fishery in which each
vessel is proposed to be used;

·       a list of foreign vessels that have become “Australian boats’
under the Australian Fisheries Management Act 1991 and nominated to
Commonwealth concessions harvesting fish from the Australian Fishing Zone
over the past five years, including the names of their owners, the
concession owners and the fishery in which they have been used over the
past five years;

·       briefing notes prepared for or by the CEO of the Australian
Fisheries Management Authority for his presentation at the Senate Rural
and Regional Affairs and Transport Legislation Committee Estimates on 24
October 2017;

·       the analyses conducted or commissioned by the Australian Fisheries
Management Authority that determined that tuna stocks within the
Australian Fishing Zone were ‘underutilised’;

·       the assessments carried out or commissioned by the Australian
Fisheries Management Authority, and the criteria used, to determine that
the tuna fisheries and the Small Pelagics Fishery in the Australian
Fishing Zone were ecologically sustainable;

·       the analyses used to define a ‘super trawler’ in terms of the
length of a vessel.

Can you please confirm this is correct and articulates what it is you are
seeking?

Sincerely,

Mark

___________________________

Mark Lindsey-Temple

Senior Legal Officer

Australian Fisheries Management Authority

T 02 6225 5510

[email address]

Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: LINDSEY-TEMPLE, Mark <[email address]>
Sent: Friday, 1 February 2019 1:36 PM
To: Chris Smyth <[FOI #5240 email]>
Cc: PEARSON, Andrew <[email address]>; LINDSEY-TEMPLE, Mark
<[email address]>
Subject: RE: Freedom of Information request - Documents relating to the
entry of foreign fishing vessels into the Australian Fishing Zone
[SEC=UNCLASSIFIED]

UNCLASSIFIED

UNCLASSIFIED

Hello,

I confirm receipt of your request.

We are a small agency with limited resources. Given the scope and extent
of your request, I will need to liaise with the relevant Branch Heads to
determine whether it is possible to meet your request within the limited
timeframe stipulated in the FOI legislation BEFORE I formally acknowledge
receipt of your request pursuant to the relevant provisions of the FOI
act. It may be that I refuse to acknowledge your request and liaise with
you: either negotiating an extension of time to respond; and/or an
amendment to your request.

I will do this as quickly as possible. My intention is to call an urgent
meeting Monday 4 February - today being Friday 1 February.

I will get back to you as soon as possible.

Sincerely

Mark

___________________________

Mark Lindsey-Temple

Senior Legal Officer

Australian Fisheries Management Authority T 02 6225 5510
[1][email address]

Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.

UNCLASSIFIED

-----Original Message-----

From: Chris Smyth <[2][FOI #5240 email]>

Sent: Friday, 1 February 2019 11:26 AM

To: Freedom of Information <[3][email address]>

Subject: Freedom of Information request - Documents relating to the entry
of foreign fishing vessels into the Australian Fishing Zone

Dear Australian Fisheries Management Authority,

Re: Freedom of Information request for documents relating to the entry of
foreign fishing vessels into the Australian Fishing Zone

I write in relation to the above matter, making this FOI request under the
Freedom of Information Act 1982.

Sections 34–37 of the Fisheries Management Act 1991 deal with the entry
and operation of foreign vessels into the Australian Fishing Zone. Under
the Act, foreign fishing vessels are prohibited entry to fish in
Australian waters except where they are here under a bilateral agreement
or a treaty with another country, have been imported and registered on the
Australian shipping register—they must satisfy Australian Marine Safety
Authority requirements—have been deemed by AFMA to be Australian vessels
or are part of a collaborative fishing venture.

For me to properly consider the issues in relation to the entry of foreign
fishing vessels into Australian waters, I hereby request, pursuant to the
provisions of the Freedom of Information Act 1982, that I be provided with
copies of the following documents:

o            Letters, email communications and minutes of meetings between
the CEO and/or staff of the Australian Fisheries Management Authority and
the CEO and/or members of Tuna Australia pertaining to:

o            the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o            possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o            any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o            letters, email communications and minutes of meetings between
the CEO and/or staff of the Australian Fisheries Management Authority and
individual owners/operators of Australian tuna fishing vessels pertaining
to:

o            the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o            possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o            any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o            letters, email communications and minutes of meetings between
the CEO and/or staff of the Australian Fisheries Management Authority and
individual owners/operators of fishing vessels used in the Small Pelagics
Fishery pertaining to:

o            the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming and joint ventures or under
bilateral agreements or treaties over the past five years;

o            possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o            any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o            emails, letters, briefing papers or notes prepared by the
Australian Fisheries Management Authority for the federal Minister or
Assistant Minister for Agriculture and Water Resources, pertaining to:

o            the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o            possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o            any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o            letters, emails and minutes of meetings between Australian
Fisheries Management Authority officers and the Department of Agriculture
and Waters Resources managers of tuna fisheries and the Small Pelagics
Fishery pertaining to:

o            the entry and use of foreign fishing vessels into the
Australian Fishing Zone under Sections 34–37 of the Fisheries Management
Act 1991 either through importation, deeming, joint ventures or under
bilateral agreements or treaties over the past five years;

o            possible changes to Sections 34–37 of the Fisheries
Management Act with respect of changes to entry of and/or operational
requirements on foreign fishing vessels (deemed or otherwise) in the
Australian Fishing Zone;

o            any references to the operation of foreign or deemed vessels
and the proposed changes to Commonwealth marine park management plans,
particularly in the Coral Sea Marine Park, Temperate East Marine Region,
South West Marine Region and the North West Marine Region;

o            a list of the foreign fishing vessels that have entered the
Australian Fishing Zone through importation, deeming and joint ventures or
under bilateral agreements or treaties over the past five years, the names
of their owners (including the new owners for those vessels imported) and
the fishery in which they have been used over the past five years;

o            a list of current applications under Sections 34–37 of the
Fisheries Management Act for the entry into and operation of foreign
fishing vessels in the Australian Fishing Zone either through importation,
deeming, joint ventures or under bilateral agreements or treaties,
including the names of the vessels, the names of their owners (including
the new owners for those vessels imported) and the fishery in which each
vessel is proposed to be used;

o            a list of foreign vessels that have become “Australian boats’
under the Australian Fisheries Management Act 1991 and nominated to
Commonwealth concessions harvesting fish from the Australian Fishing Zone
over the past five years, including the names of their owners, the
concession owners and the fishery in which they have been used over the
past five years;

o            briefing notes prepared for or by the CEO of the Australian
Fisheries Management Authority for his presentation at the Senate Rural
and Regional Affairs and Transport Legislation Committee Estimates on 24
October 2017;

o            the analyses conducted or commissioned by the Australian
Fisheries Management Authority that determined that tuna stocks within the
Australian Fishing Zone were ‘underutilised’;

o            the assessments carried out or commissioned by the Australian
Fisheries Management Authority, and the criteria used, to determine that
the tuna fisheries and the Small Pelagics Fishery in the Australian
Fishing Zone were ecologically sustainable;

o            the analyses used to define a ‘super trawler’ in terms of the
length of a vessel.

I thank you in advance for assistance with this matter. Should you need to
clarify any aspects of this FOI request, please contact me at the email
address below.

Yours faithfully

Chris Smyth

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UNCLASSIFIED

This email contains information that may be confidential and privileged.
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UNCLASSIFIED

Dear Mr Smyth,

Freedom of Information request - Documents relating to the entry of foreign
fishing vessels into the Australian Fishing Zone

Thank you for confirming our interpretation of your request.

On that basis, I formally acknowledge your request pursuant to the Freedom
of Information Act ( the Act).  

Pursuant to the Act I have 30 days to respond with a decision. Please note
the 28 days can be suspended pursuant to the FOI Act to allow for, (
amongst other things):

1.       Charges, (if any), to be assessed, notified, agreed and paid,
 (or waived);

2.       Third party consultation with those that might reasonably be
effected by disclosure of the information the subject of your application.

Sincerely,

Mark

__________________________

Mark Lindsey-Temple

Senior Legal Officer

Australian Fisheries Management Authority

T 02 6225 5510

[email address]

Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: Chris Smyth <[FOI #5240 email]>
Sent: Monday, 25 February 2019 9:59 AM
To: LINDSEY-TEMPLE, Mark <[email address]>
Subject: RE: Freedom of Information request - Documents relating to the
entry of foreign fishing vessels into the Australian Fishing Zone
[SEC=UNCLASSIFIED]

Dear LINDSEY-TEMPLE, Mark,

Thank you for your response. Yes, your reformatting of my request
correctly articulates its content. I look forward to hearing from you on
further progress in the response to my request.

Yours sincerely,

Chris Smyth

-----Original Message-----

UNCLASSIFIED

Good Morning Mr Smyth

Freedom of Information Request - Documents relating to the entry of 
foreign fishing vessels into the Australian Fishing Zone

I refer to your FOI request and my initial response ( below).

I apologise for the delay in following up -  I have been out of the 
office, unwell, for the last 10 days.

We received your request in a plain text format. It was very hard to 
discern what it was you were requesting. I have reproduced what we 
received below.

Sections 34–37 of the Fisheries Management Act 1991 deal with the entry 
and operation of foreign vessels into the Australian Fishing Zone. Under 
the Act, foreign fishing vessels are prohibited entry to fish in 
Australian waters except where they are here under a bilateral agreement 
or a treaty with another country, have been imported and registered on
the  Australian shipping register—they must satisfy Australian Marine
Safety  Authority requirements—have been deemed by AFMA to be Australian
vessels  or are part of a collaborative fishing venture.

For me to properly consider the issues in relation to the entry of
foreign  fishing vessels into Australian waters, I hereby request,
pursuant to the  provisions of the Freedom of Information Act 1982, that I
be provided with  copies of the following documents:

o             Letters, email communications and minutes of meetings 
between the CEO and/or staff of the Australian Fisheries Management 
Authority and the CEO and/or members of Tuna Australia pertaining to:

o             the entry and use of foreign fishing vessels into the 
Australian Fishing Zone under Sections 34–37 of the Fisheries Management 
Act 1991 either through importation, deeming, joint ventures or under 
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries 
Management Act with respect of changes to entry of and/or operational 
requirements on foreign fishing vessels (deemed or otherwise) in the 
Australian Fishing Zone;

o             any references to the operation of foreign or deemed
vessels  and the proposed changes to Commonwealth marine park management
plans,  particularly in the Coral Sea Marine Park, Temperate East Marine
Region,  South West Marine Region and the North West Marine Region;

o             letters, email communications and minutes of meetings 
between the CEO and/or staff of the Australian Fisheries Management 
Authority and individual owners/operators of Australian tuna fishing 
vessels pertaining to:

o             the entry and use of foreign fishing vessels into the 
Australian Fishing Zone under Sections 34–37 of the Fisheries Management 
Act 1991 either through importation, deeming, joint ventures or under 
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries 
Management Act with respect of changes to entry of and/or operational 
requirements on foreign fishing vessels (deemed or otherwise) in the 
Australian Fishing Zone;

o             any references to the operation of foreign or deemed
vessels  and the proposed changes to Commonwealth marine park management
plans,  particularly in the Coral Sea Marine Park, Temperate East Marine
Region,  South West Marine Region and the North West Marine Region;

o             letters, email communications and minutes of meetings 
between the CEO and/or staff of the Australian Fisheries Management 
Authority and individual owners/operators of fishing vessels used in the 
Small Pelagics Fishery pertaining to:

o             the entry and use of foreign fishing vessels into the 
Australian Fishing Zone under Sections 34–37 of the Fisheries Management 
Act 1991 either through importation, deeming and joint ventures or under 
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries 
Management Act with respect of changes to entry of and/or operational 
requirements on foreign fishing vessels (deemed or otherwise) in the 
Australian Fishing Zone;

o             any references to the operation of foreign or deemed
vessels  and the proposed changes to Commonwealth marine park management
plans,  particularly in the Coral Sea Marine Park, Temperate East Marine
Region,  South West Marine Region and the North West Marine Region;

o             emails, letters, briefing papers or notes prepared by the 
Australian Fisheries Management Authority for the federal Minister or 
Assistant Minister for Agriculture and Water Resources, pertaining to:

o             the entry and use of foreign fishing vessels into the 
Australian Fishing Zone under Sections 34–37 of the Fisheries Management 
Act 1991 either through importation, deeming, joint ventures or under 
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries 
Management Act with respect of changes to entry of and/or operational 
requirements on foreign fishing vessels (deemed or otherwise) in the 
Australian Fishing Zone;

o             any references to the operation of foreign or deemed
vessels  and the proposed changes to Commonwealth marine park management
plans,  particularly in the Coral Sea Marine Park, Temperate East Marine
Region,  South West Marine Region and the North West Marine Region;

o             letters, emails and minutes of meetings between Australian 
Fisheries Management Authority officers and the Department of Agriculture 
and Waters Resources managers of tuna fisheries and the Small Pelagics 
Fishery pertaining to:

o             the entry and use of foreign fishing vessels into the 
Australian Fishing Zone under Sections 34–37 of the Fisheries Management 
Act 1991 either through importation, deeming, joint ventures or under 
bilateral agreements or treaties over the past five years;

o             possible changes to Sections 34–37 of the Fisheries 
Management Act with respect of changes to entry of and/or operational 
requirements on foreign fishing vessels (deemed or otherwise) in the 
Australian Fishing Zone;

o             any references to the operation of foreign or deemed
vessels  and the proposed changes to Commonwealth marine park management
plans,  particularly in the Coral Sea Marine Park, Temperate East Marine
Region,  South West Marine Region and the North West Marine Region;

o             a list of the foreign fishing vessels that have entered the 
Australian Fishing Zone through importation, deeming and joint ventures
or  under bilateral agreements or treaties over the past five years, the
names  of their owners (including the new owners for those vessels
imported) and  the fishery in which they have been used over the past five
years;

o             a list of current applications under Sections 34–37 of the 
Fisheries Management Act for the entry into and operation of foreign 
fishing vessels in the Australian Fishing Zone either through
importation,  deeming, joint ventures or under bilateral agreements or
treaties,  including the names of the vessels, the names of their owners
(including  the new owners for those vessels imported) and the fishery in
which each  vessel is proposed to be used;

o             a list of foreign vessels that have become “Australian 
boats’ under the Australian Fisheries Management Act 1991 and nominated
to  Commonwealth concessions harvesting fish from the Australian Fishing
Zone  over the past five years, including the names of their owners, the 
concession owners and the fishery in which they have been used over the 
past five years;

o             briefing notes prepared for or by the CEO of the Australian 
Fisheries Management Authority for his presentation at the Senate Rural 
and Regional Affairs and Transport Legislation Committee Estimates on 24 
October 2017;

o             the analyses conducted or commissioned by the Australian 
Fisheries Management Authority that determined that tuna stocks within
the  Australian Fishing Zone were ‘underutilised’;

o             the assessments carried out or commissioned by the 
Australian Fisheries Management Authority, and the criteria used, to 
determine that the tuna fisheries and the Small Pelagics Fishery in the 
Australian Fishing Zone were ecologically sustainable;

o             the analyses used to define a ‘super trawler’ in terms of 
the length of a vessel.

The line area, upon my request, have reformatted the request - below.

Re: Freedom of Information request for documents relating to the entry of 
foreign fishing vessels into the Australian Fishing Zone

I write in relation to the above matter, making this FOI request under
the  Freedom of Information Act 1982.

Sections 34–37 of the Fisheries Management Act 1991 deal with the entry 
and operation of foreign vessels into the Australian Fishing Zone. Under 
the Act, foreign fishing vessels are prohibited entry to fish in 
Australian waters except where they are here under a bilateral agreement 
or a treaty with another country, have been imported and registered on
the  Australian shipping register—they must satisfy Australian Marine
Safety  Authority requirements—have been deemed by AFMA to be Australian
vessels  or are part of a collaborative fishing venture.

For me to properly consider the issues in relation to the entry of
foreign  fishing vessels into Australian waters, I hereby request,
pursuant to the  provisions of the Freedom of Information Act 1982, that I
be provided with  copies of the following documents:

·       Letters, email communications and minutes of meetings between the 
CEO and/or staff of the Australian Fisheries Management Authority and the 
CEO and/or members of Tuna Australia pertaining to:

o   the entry and use of foreign fishing vessels into the Australian 
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 
either through importation, deeming, joint ventures or under bilateral 
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act 
with respect of changes to entry of and/or operational requirements on 
foreign fishing vessels (deemed or otherwise) in the Australian Fishing 
Zone;

o   any references to the operation of foreign or deemed vessels and the 
proposed changes to Commonwealth marine park management plans, 
particularly in the Coral Sea Marine Park, Temperate East Marine Region, 
South West Marine Region and the North West Marine Region;

·       letters, email communications and minutes of meetings between the 
CEO and/or staff of the Australian Fisheries Management Authority and 
individual owners/operators of Australian tuna fishing vessels pertaining

to:

o   the entry and use of foreign fishing vessels into the Australian 
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 
either through importation, deeming, joint ventures or under bilateral 
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act 
with respect of changes to entry of and/or operational requirements on 
foreign fishing vessels (deemed or otherwise) in the Australian Fishing 
Zone;

o   any references to the operation of foreign or deemed vessels and the 
proposed changes to Commonwealth marine park management plans, 
particularly in the Coral Sea Marine Park, Temperate East Marine Region, 
South West Marine Region and the North West Marine Region;

·       letters, email communications and minutes of meetings between the 
CEO and/or staff of the Australian Fisheries Management Authority and 
individual owners/operators of fishing vessels used in the Small Pelagics 
Fishery pertaining to:

o   the entry and use of foreign fishing vessels into the Australian 
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 
either through importation, deeming and joint ventures or under bilateral 
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act 
with respect of changes to entry of and/or operational requirements on 
foreign fishing vessels (deemed or otherwise) in the Australian Fishing 
Zone;

o   any references to the operation of foreign or deemed vessels and the 
proposed changes to Commonwealth marine park management plans, 
particularly in the Coral Sea Marine Park, Temperate East Marine Region, 
South West Marine Region and the North West Marine Region;

·       emails, letters, briefing papers or notes prepared by the 
Australian Fisheries Management Authority for the federal Minister or 
Assistant Minister for Agriculture and Water Resources, pertaining to:

o   the entry and use of foreign fishing vessels into the Australian 
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 
either through importation, deeming, joint ventures or under bilateral 
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act 
with respect of changes to entry of and/or operational requirements on 
foreign fishing vessels (deemed or otherwise) in the Australian Fishing 
Zone;

o   any references to the operation of foreign or deemed vessels and the 
proposed changes to Commonwealth marine park management plans, 
particularly in the Coral Sea Marine Park, Temperate East Marine Region, 
South West Marine Region and the North West Marine Region;

·       letters, emails and minutes of meetings between Australian 
Fisheries Management Authority officers and the Department of Agriculture 
and Waters Resources managers of tuna fisheries and the Small Pelagics 
Fishery pertaining to:

o   the entry and use of foreign fishing vessels into the Australian 
Fishing Zone under Sections 34–37 of the Fisheries Management Act 1991 
either through importation, deeming, joint ventures or under bilateral 
agreements or treaties over the past five years;

o   possible changes to Sections 34–37 of the Fisheries Management Act 
with respect of changes to entry of and/or operational requirements on 
foreign fishing vessels (deemed or otherwise) in the Australian Fishing 
Zone;

o   any references to the operation of foreign or deemed vessels and the 
proposed changes to Commonwealth marine park management plans, 
particularly in the Coral Sea Marine Park, Temperate East Marine Region, 
South West Marine Region and the North West Marine Region;

·       a list of the foreign fishing vessels that have entered the 
Australian Fishing Zone through importation, deeming and joint ventures
or  under bilateral agreements or treaties over the past five years, the
names  of their owners (including the new owners for those vessels
imported) and  the fishery in which they have been used over the past five
years;

·       a list of current applications under Sections 34–37 of the 
Fisheries Management Act for the entry into and operation of foreign 
fishing vessels in the Australian Fishing Zone either through
importation,  deeming, joint ventures or under bilateral agreements or
treaties,  including the names of the vessels, the names of their owners
(including  the new owners for those vessels imported) and the fishery in
which each  vessel is proposed to be used;

·       a list of foreign vessels that have become “Australian boats’

under the Australian Fisheries Management Act 1991 and nominated to 
Commonwealth concessions harvesting fish from the Australian Fishing Zone 
over the past five years, including the names of their owners, the 
concession owners and the fishery in which they have been used over the 
past five years;

·       briefing notes prepared for or by the CEO of the Australian 
Fisheries Management Authority for his presentation at the Senate Rural 
and Regional Affairs and Transport Legislation Committee Estimates on 24 
October 2017;

·       the analyses conducted or commissioned by the Australian
Fisheries  Management Authority that determined that tuna stocks within
the  Australian Fishing Zone were ‘underutilised’;

·       the assessments carried out or commissioned by the Australian 
Fisheries Management Authority, and the criteria used, to determine that 
the tuna fisheries and the Small Pelagics Fishery in the Australian 
Fishing Zone were ecologically sustainable;

·       the analyses used to define a ‘super trawler’ in terms of the 
length of a vessel.

Can you please confirm this is correct and articulates what it is you are 
seeking?

Sincerely,

Mark

Mark Lindsey-Temple

Senior Legal Officer

Australian Fisheries Management Authority T 02 6225 5510  [1][email
address]

Important: This message may contain confidential or legally privileged 
information. If you think it was sent to you by mistake, please delete
all  copies and advise the sender.

UNCLASSIFIED

-------------------------------------------------------------------

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[1][FOI #5240 email]

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More information on how Right to Know works can be found at:

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-------------------------------------------------------------------

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been sent to you in error, please advise the sender by return email and
delete the message; this error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
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access or unauthorised amendment.

AFMA Protecting our fishing future

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UNCLASSIFIED

Dear Mr Smyth,

Request For Extension

Freedom of Information request - Documents relating to the entry of foreign
fishing vessels into the Australian Fishing Zone

AFMA's line areas have been working to collate the information you have
requested.

For two reasons it is taking longer than first anticipated:

1. Physical files relevant to you request were stored offsite and had to
be retrieved. We received them last week, they contain a lot of
information, and it is taking time to assess;

2. You request has taken longer than anticipated generally as key line
area's staff, were out of the office attending industry meetings. We are a
small agency with a broad footprint. Thus,  any extra workload  has a
disproportionate impact on our resources.

For these reasons, the line area(s) have requested an extension to Close
of Business Monday 15 April to get the information to me - the decision
maker.  I will then assess that information and make a decision before
close of business Tuesday 23 April (Monday is Easter Monday).

AFMA would greatly appreciate your consent to the extension and apologise
in advance for any inconvenience this may cause.

Sincerely

Mark

__________________________

Mark Lindsey-Temple

Senior Legal Officer

Australian Fisheries Management Authority

T 02 6225 5510

[email address]

Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: Chris Smyth <[FOI #5240 email]>
Sent: Friday, 8 March 2019 10:39 AM
To: LINDSEY-TEMPLE, Mark <[email address]>
Subject: RE: Freedom of Information request - Documents relating to the
entry of foreign fishing vessels into the Australian Fishing Zone
[SEC=UNCLASSIFIED]

Dear LINDSEY-TEMPLE, Mark,

Thank you fo your advice dated 25 February. I look forward to your
response.

Yours sincerely,

Chris Smyth

-----Original Message-----

UNCLASSIFIED

Dear Mr Smyth,

Freedom of Information request - Documents relating to the entry of
foreign  fishing vessels into the Australian Fishing Zone

Thank you for confirming our interpretation of your request.

On that basis, I formally acknowledge your request pursuant to the
Freedom  of Information Act ( the Act).  

Pursuant to the Act I have 30 days to respond with a decision. Please
note  the 28 days can be suspended pursuant to the FOI Act to allow for,
(  amongst other things):

1.       Charges, (if any), to be assessed, notified, agreed and paid,

 (or waived);

2.       Third party consultation with those that might reasonably be 
effected by disclosure of the information the subject of your application.

Sincerely,

Mark

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[1][FOI #5240 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[2]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

This email contains information that may be confidential and privileged.
Unless you are the addressee (or authorised to receive the email for the
addressee), you may not use, copy or disclose to anyone the email or any
information contained in the email. If this email or any attachments have
been sent to you in error, please advise the sender by return email and
delete the message; this error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or any attachments. AFMA does not accept liability in connection
with computer virus, data corruption, delay, interruption, unauthorised
access or unauthorised amendment.

AFMA Protecting our fishing future

P Please consider the environment before printing this e-mail.

References

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UNCLASSIFIED
Dear Chris,

Thank you - much appreciated.

Warm Regards
Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
[email address]

Important: This message may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: Chris Smyth <[FOI #5240 email]>
Sent: Tuesday, 9 April 2019 11:00 AM
To: LINDSEY-TEMPLE, Mark <[email address]>
Subject: RE: Freedom of Information request - Documents relating to the entry of foreign fishing vessels into the Australian Fishing Zone [SEC=UNCLASSIFIED]

Dear LINDSEY-TEMPLE, Mark,

Thank you for the update on progress with your response to my request.

I'm very happy to grant your request for an extension.

Yours sincerely,

Chris Smyth

-----Original Message-----

UNCLASSIFIED

Dear Mr Smyth,

Request For Extension

Freedom of Information request - Documents relating to the entry of foreign fishing vessels into the Australian Fishing Zone

AFMA's line areas have been working to collate the information you have requested.

For two reasons it is taking longer than first anticipated:

1. Physical files relevant to you request were stored offsite and had to be retrieved. We received them last week, they contain a lot of information, and it is taking time to assess;

2. You request has taken longer than anticipated generally as key line area's staff, were out of the office attending industry meetings. We are a small agency with a broad footprint. Thus,  any extra workload  has a disproportionate impact on our resources.

For these reasons, the line area(s) have requested an extension to Close of Business Monday 15 April to get the information to me - the decision maker.  I will then assess that information and make a decision before close of business Tuesday 23 April (Monday is Easter Monday).

AFMA would greatly appreciate your consent to the extension and apologise in advance for any inconvenience this may cause.

Sincerely

Mark

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #5240 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

This email contains information that may be confidential and privileged.
Unless you are the addressee (or authorised to receive the email for the
addressee), you may not use, copy or disclose to anyone the email or any
information contained in the email. If this email or any attachments have been
sent to you in error, please advise the sender by return email and delete the
message; this error does not constitute waiver of any confidentiality,
privilege or copyright in respect of information in the email or any
attachments. AFMA does not accept liability in connection with computer virus,
data corruption, delay, interruption, unauthorised access or unauthorised
amendment.

AFMA Protecting our fishing future

Please consider the environment before printing this e-mail.

hide quoted sections

UNCLASSIFIED

Dear Mr Smyth,

Notice of Consultation

Freedom of Information Request - Entry of foreign fishing vessels into the
Australian Fishing Zone

I refer to previous correspondence.

Assessment of the documentation provided to me from the line area(s)
discloses, pursuant to the Freedom of Information Act, I must consult with
third parties who might be affected by possible release of documents.

I have done so.

As a courtesy I will contact you when all parties have responded to me and
I have re-commenced assessing the documentation in light of the third
party comments.

Warm Regards

Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
[1][email address]

Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.

UNCLASSIFIED

This email contains information that may be confidential and privileged.
Unless you are the addressee (or authorised to receive the email for the
addressee), you may not use, copy or disclose to anyone the email or any
information contained in the email. If this email or any attachments have
been sent to you in error, please advise the sender by return email and
delete the message; this error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or any attachments. AFMA does not accept liability in connection
with computer virus, data corruption, delay, interruption, unauthorised
access or unauthorised amendment.

AFMA Protecting our fishing future

P Please consider the environment before printing this e-mail.

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hide quoted sections

UNCLASSIFIED

Good Morning Chris,

FOI Request - Foreign Fishing Vessels

Courtesy Update

By Email Only

I refer to our earlier correspondence.

Thank you once again for earlier agreeing to an extension.

Since then, out of an abundance of caution, I sought advice from Prime
Minister and Cabinet and the Attorney General’s Department in regard to
consultation requirements whilst in Caretaker Mode.

Further, pursuant to the FOI Act, I consulted our Department, to seek
their view on some documents returned by AFMA’s line areas. I was
contacted by the Department yesterday, who informed me they will have
assessed the documents by the end of this week, 24 May 2019. Provided that
is the case, it is my intention to release my decision before close of
business next Thursday, 30 May 2019.

Warm Regards

Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
[1][email address]

Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.

UNCLASSIFIED

This email contains information that may be confidential and privileged.
Unless you are the addressee (or authorised to receive the email for the
addressee), you may not use, copy or disclose to anyone the email or any
information contained in the email. If this email or any attachments have
been sent to you in error, please advise the sender by return email and
delete the message; this error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or any attachments. AFMA does not accept liability in connection
with computer virus, data corruption, delay, interruption, unauthorised
access or unauthorised amendment.

AFMA Protecting our fishing future

P Please consider the environment before printing this e-mail.

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UNCLASSIFIED
Dar Chris,

Thank you for your continued patience.

I have re-arranged my calendar and plan to get my decision to you by COB Wednesday 17/06/2019.

Sincerely
Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
[email address]

Important: This message may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: Chris Smyth <[FOI #5240 email]>
Sent: Sunday, 16 June 2019 4:46 PM
To: LINDSEY-TEMPLE, Mark <[email address]>
Subject: Re: FOI Request-Foreign Fishing Vessels. Courtesy Update [SEC=UNCLASSIFIED]

Dear LINDSEY-TEMPLE, Mark,

I’m following up on your last letter and wondering whether there had been any progress on compiling a set of documents to send me.

Yours sincerely,

Chris Smyth

-----Original Message-----

UNCLASSIFIED

Good Morning Chris,

FOI Request - Foreign Fishing Vessels

Courtesy Update

By Email Only

I refer to our earlier correspondence.

Thank you once again for earlier agreeing to an extension.

Since then, out of an abundance of caution, I sought advice from Prime Minister and Cabinet and the Attorney General’s Department in regard to consultation requirements whilst in Caretaker Mode.

Further, pursuant to the FOI Act, I consulted our Department, to seek their view on some documents returned by AFMA’s line areas. I was contacted by the Department yesterday, who informed me they will have assessed the documents by the end of this week, 24 May 2019. Provided that is the case, it is my intention to release my decision before close of business next Thursday, 30 May 2019.

Warm Regards

Mark

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UNCLASSIFIED
Dear Chris,

FOI Request - Foreign Fishing Vessels - Further Update

Due to sustained, competing demands, unfortunately, I have no choice but to finalise your request this coming weekend - 22 to 23 June 2019.

Sincerely
Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
[email address]

Important: This message may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

UNCLASSIFIED

-----Original Message-----
From: Chris Smyth <[FOI #5240 email]>
Sent: Sunday, 16 June 2019 4:46 PM
To: LINDSEY-TEMPLE, Mark <[email address]>
Subject: Re: FOI Request-Foreign Fishing Vessels. Courtesy Update [SEC=UNCLASSIFIED]

Dear LINDSEY-TEMPLE, Mark,

I’m following up on your last letter and wondering whether there had been any progress on compiling a set of documents to send me.

Yours sincerely,

Chris Smyth

-----Original Message-----

UNCLASSIFIED

Good Morning Chris,

FOI Request - Foreign Fishing Vessels

Courtesy Update

By Email Only

I refer to our earlier correspondence.

Thank you once again for earlier agreeing to an extension.

Since then, out of an abundance of caution, I sought advice from Prime Minister and Cabinet and the Attorney General’s Department in regard to consultation requirements whilst in Caretaker Mode.

Further, pursuant to the FOI Act, I consulted our Department, to seek their view on some documents returned by AFMA’s line areas. I was contacted by the Department yesterday, who informed me they will have assessed the documents by the end of this week, 24 May 2019. Provided that is the case, it is my intention to release my decision before close of business next Thursday, 30 May 2019.

Warm Regards

Mark

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #5240 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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sent to you in error, please advise the sender by return email and delete the
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privilege or copyright in respect of information in the email or any
attachments. AFMA does not accept liability in connection with computer virus,
data corruption, delay, interruption, unauthorised access or unauthorised
amendment.

AFMA Protecting our fishing future

Please consider the environment before printing this e-mail.

hide quoted sections

UNCLASSIFIED

Dear Mr Smyth,

Foreign Fishing Vessel FOI

I refer to our ongoing correspondence in regard to your application for
information in regard to Foreign Fishing Vessel information.

I thank you once again for your patience in waiting for a decision and
release of documents, which to date have been delayed by:

1.       The number of documents identified as relevant to your
application;

2.       The interruption of the caretaker period and election, for which
I sought external advice on their effect on formal/statutory processes;
and recently,

3.       Technical difficulties in electronically redacting /applying
statutory exemptions to relevant documents.

I spent considerable time over the weekend attempting to apply electronic
redactions to relevant documents for release - ultimately without success.

I will arrange a meeting with  IT and/or the  Communications team tomorrow
( Monday 1 July 2019) and provide an update.

Sincerely

Mark

___________________________
Mark Lindsey-Temple
Senior Legal Officer
Australian Fisheries Management Authority
T 02 6225 5510
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Important: This message may contain confidential or legally privileged
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AFMA Protecting our fishing future

P Please consider the environment before printing this e-mail.

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Date: Fri, 25 Oct 2019 13:01:51 +1100
From: Chris Smyth <[FOI #5240 email]>
To: "LINDSEY-TEMPLE, Mark" <[email address]>
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Subject: Re: Foreign Fishing FOI [SEC=UNCLASSIFIED]
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UNCLASSIFIED

Dear Mr Smyth,

Thank you for your recent inquiry about the FOI application you made
earlier this year.  I apologise that processing this application has taken
so long.  Please find attached a letter about this matter.

Thanks for your ongoing patience.

Yours sincerely,

Wez Norris

Chief Executive Officer

Australian Fisheries Management Authority

Ph:  (02) 6225 5534

Mo: 0411 885 566

UNCLASSIFIED

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For-Official-Use-Only

Dear Mr Smyth,

I would again like to apologise for the long delay that you have
experienced since submitting your FOI request to the Australian Fisheries
Management Authority.  Please find attached a Notice of Decision on this
matter and two attachments.

Yours Sincerely,

Wez Norris

Chief Executive Officer

Australian Fisheries Management Authority

Ph:  (02) 6225 5534

Mo: 0411 885 566

For-Official-Use-Only

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