Noshe is not correct. According to theinformation shared above it is very important for Bob Beech that has been recognized as the principalsubject of the shared case state. According to the case here Bob Beech is ascallop fisherman and involved with scallop fishing in the Jarvis bay waters ofNew South Wales.
According to the Scallop Fishingand Marketing Act he has tofollow the provided rules to catch catch limit restriction. Understanding the intentionof bob to double his business and increasesprofit his daughter has suggested incorporating acompany in this regard. Considering the situation and understanding theintention and demand of Bob it can be said that the proposal offered by his daughtershall not be work as the restriction to fishing scallop is valid for all equally.The Jarvis Bay is thecoastline of New South Wales and it is onethe largest among other embayment which supply the best of commercial fishing and scallop rummaging. As per the “Scallops – research informationsheet”, 2016 this Bay is the resource to supply More than 2750tonnes of scallops having the financialvalue of $3.8 million. But this supply is not remain the same all the time . it happens every 10 to 15 years.
So Bob hasthe ground to expect more profit during this session. On the other hand to enhance and the scallop production it has became the necessary to take initiativeto save young scallops and get a sustainable scallop farming industry. To maintain the water resources and marinefreshwater ecosystem Australian government has articulated a regulation called Fisheries Management Regulation 2006 alongwith the Fisheries Management Regulation 2010. And every one like bob needto alert and need to know this fisherieslegal issue and condition to start or incorporate any company over there. Moreover they should aware about therestrictions and rules of fishing scallopsin marine secure areas. As per the Section 8 of the Fisheries Management Act1994, it is regulated to catch all types of fish by everyone in those water areas where the availabilityis higer then other location.
And this regulation for control fishing isapplicable for next of 5 years from thedate of its announcement . So it shouldbe known by Bob Beech that the key objective of fishing restriction mentionedhere is to reduce fishing of young scallops and balance the water ecosystem of New South Wales and this restriction applicable on both commercial law and entertaining fishing (Fisheries ManagementACT 1994, 2014). Responding Bobs daughter to incorporate with a company will not be a correct decision for Bob Beech to increase his business profit because the legal order to fishing and catch limit should be obeyed inall the circumstances. More over itshould be noted that the Australiangovernment is imposed this constitutionalfishing rights equally for all relevant. As per the Section 31 of the legal rights on catching scallops has been documented though the Section17 of the FisheriesManagement Act 1994 and the execution of management planning are related witheach other.
It need to shared that The guidelines of fishing rights and restrictions may differ as per the location and habitation of the marine species(Fisheries Management ACT 1994, 2014) and Bob should aware of it.Like others Bob is allowed to apply for increasing the limit amount of fishing scallops and he also can confirm his fishing tools and equipment rights in this regard as relevant. Because as per the Section 4 of the same act is functional on the fishing boat which can be used infishing . Bob beech also should apply toget the commonwealth fishing permission issued under Section 32 of the FisheriesManagement Act 1994 that allows him tocatch fish in high seas .
Another is the bag limit that is important also forBob to incorporate a company as he has to follow the bag limits as per theFisheries Management (general) Regulation 1995 under Section17 (1). So in conclusion we can say that Bob Beech shouldnot go to incorporate a company considering his fishing limit of the scallop but to increase his businessand to enhance his profit he can export the scallops some other countries inasia as Asia has a great market for scallops.