Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1 (Cth)

Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1

Fisheries Management Act 1991

I, JAMES FINDLAY, Chief Executive Officer and delegate of the Australian Fisheries Management Authority, make this order under subsection 43(2) of the Fisheries Management Act 1991, being satisfied that:

(a)     it is necessary to take action under section 43 of the Management Act;

(b)     the action is consistent with AFMA objectives; and

(c)     no other action is appropriate.

Dated:    23 October 2014

JAMES FINDLAY

Chief Executive Officer

Australian Fisheries Management Authority

1.         Name of Order

This Order may be cited as the Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1.

2.         Commencement and Cessation

This Order commences on the day after registration on the Federal Register of Legislative Instruments and ceases on 30 November 2014.

3.         Definitions

In this Order:

Terms used have the same meaning that they have in the Fisheries Management Act1991 (the Management Act) and in the Southern Bluefin Tuna Fishery Management Plan 1995 (the Management Plan).

4.         AFMA’s power to determine national catch allocation

Clause 17 of the Management Plan has no effect to the extent that it restricts, or would restrict, AFMA from making, varying, remaking or revoking a determination relating to Australia’s national catch allocation for the 2013-2014 and 2014-2015 seasons.

5.         Circumstances of determining national catch allocation

Clause 17 of the Management Plan has no effect to the extent that it limits, or would limit, the circumstances in which AFMA can exercise a power under the Management Plan or Management Act to make or vary a determination of Australia’s national catch allocation for the 2013-2014 and 2014-2015 seasons.

1. .         AFMA’s power to vary actual live weight value of a statutory fishing right

Clause 18 of the Management Plan, and in particular subclause 18.8, has no effect to the extent that it prohibits, or would prohibit, AFMA from varying or re-determining the actual live weight of a statutory fishing right for the 2013-2014 and 2014-2015 fishing seasons.

1. .         AFMA still obliged to pursue objectives  

For the avoidance of doubt, in determining a national catch allocation, AFMA must pursue the objectives set out in Division 1.2 of the Management Plan and sections 3 and 3A of the Management Act and not act inconsistently with a decision of the Commission relating to Australia’s national catch allocation.