Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024

Overview

The Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024 was enacted to manage the fishing activities within the Eastern Tuna and Billfish Fishery, ensuring sustainable fishing practices and effective management of marine resources. This legislative instrument was made under paragraph 17(6)(aa) of the Fisheries Management Act 1991 and sections 1.3 and 3.2 of the Eastern Tuna and Billfish Fishery Management Plan 2010. The primary objective of this determination is to establish the fishing season and specify the total allowable commercial catch for various quota species within the fishery for the specified periods. This determination aims to balance ecological sustainability with commercial fishing interests by setting precise catch limits that are intended to prevent overfishing and support the long-term health of the fishery's stocks. The instrument will cease on 31 December 2027 unless revoked earlier.

Scope and Application

The Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024 is an instrument made under the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2010. It specifies the fishing season and total allowable commercial catch for various quota species within the Eastern Tuna and Billfish Fishery, effective from 1 January 2025 to 31 December 2027. This determination applies to all persons and entities involved in commercial fishing activities within the specified fishery, including fishing vessels, operators, and processors. The geographic scope of this legislation is limited to the waters under Australian jurisdiction where the Eastern Tuna and Billfish Fishery is conducted. The determination does not include provisions for uncommenced amendments, application, saving, or transitional provisions unless specified in the endnotes. Modifications to the compiled law, if any, are accessible on the Register but are not shown in the text of this compilation. The cessation of this determination is set for 31 December 2027 unless revoked earlier. The determination includes specific total allowable commercial catch figures for different species such as Albacore Tuna, Bigeye Tuna, Yellowfin Tuna, Broadbill Swordfish, and Striped Marlin, for the respective fishing seasons. These figures are set out in whole weight tonnes for each fishing year from 2025 to 2027. The definitions used in this instrument are aligned with those in section 1.3 of the Eastern Tuna and Billfish Fishery Management Plan 2010, and any amendments or misdescribed provisions are noted in the endnotes. The compiled law operates as modified by any other laws, though this is not reflected in the text of this determination. The legislation history and amendment history are detailed in the endnotes, providing insight into the legislative changes and their commencement dates.

Key Provisions

The Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No.2) 2024 (section 1) specifies the fishing season and the total allowable commercial catch (TAC) for various quota species within the Eastern Tuna and Billfish Fishery. This legislation sets the fishing season to run from 1 January to 31 December each year (section 6). It also defines the TAC for different species for specific fishing seasons: for the 2025 season, the TAC for Albacore Tuna is 2,500 tonnes, Bigeye Tuna is 1,056 tonnes, Yellowfin Tuna is 2,400 tonnes, Broadbill Swordfish is 1,047 tonnes, and Striped Marlin is 351 tonnes (section 7). For the 2026 season, the TAC for Yellowfin Tuna increases to 2,880 tonnes, while the TAC for other species remains the same. For the 2027 season, the TAC for Yellowfin Tuna remains at 2,880 tonnes, while the TAC for other species remains the same as in the 2026 season. The Act imposes several obligations on parties involved in the fishery. It requires compliance with the specified fishing season and TAC limits to ensure sustainable management of fish stocks. The determination also mandates that any fishing activities must adhere to the quotas set for each species. This includes proper record-keeping and reporting of catch quantities to relevant authorities. Furthermore, the Act necessitates adherence to any additional regulations or guidelines issued under the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2010. Breach of the provisions under this determination can lead to various consequences. Non-compliance with the specified fishing season or exceeding the TAC limits can result in penalties. The Fisheries Management Act 1991 provides for penalties, including fines and potential revocation of fishing licenses. The exact penalties are not detailed in the determination but are likely to be significant, reflecting the seriousness of overfishing and its impact on sustainability. Additionally, repeated or severe breaches may result in criminal charges, further compounding the legal and financial repercussions for the offenders.