Explanatory Statement
Revocation of the Eastern Tuna and Billfish Fishery Management Plan 2005
Subsection 17(1) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) must determine written plans of management for each fishery that it manages.
Subsection 20(3) of the Act provides that AFMA may revoke a plan of management.
The Eastern Tuna and Billfish Fishery
The Eastern Tuna and Billfish Fishery (the Fishery) is located throughout the Australian Fishing Zone (AFZ) east of Cape York in Queensland to the South Australia / Victoria border, including the waters of the AFZ adjacent to Norfolk Island. The Fishery also includes the high seas areas covered by the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. The AFZ is defined consistently with the Exclusive Economic Zone and extends out to 200 nautical miles from the coastlines.
The primary species in the fishery are Albacore Tuna (Thunnus alalunga), Bigeye Tuna (Thunnus obesus), Billfish (Families Istiophoridae and Xiphiidae), Longtail Tuna (Thunnus tonggol), Northern Bluefin Tuna (Thunnus orientalis), Rays Bream (Family Bramidae), Skipjack Tuna (Katsuwonus pelamis) and Yellowfin Tuna (Thunnus albacares). Fishing for all primary species (Schedule 2) is permitted by means of pelagic longline and minor line (troll, rod and reel, hand line). Other methods may be declared by AFMA in accordance with the Plan of management for the fishery.
In order to change the management arrangements from an input controlled system, under which the number of hooks set is controlled, to an output controlled system (quota), where the catch of target species is limited, AFMA has revoked the Eastern Tuna and Billfish Fishery Management Plan 2005 (the Plan) and determined the Eastern Tuna and Billfish Fishery Management Plan 2010 (the new Plan).
The new Plan implements the recommendations of the Independent Allocation Advisory Panel (IAAP) commissioned by AFMA in 2009 to determine how to translate the hook based statutory fishing rights (SFRs) issued under the previous Plan to quota based SFRs issued under the new Plan.
The change in management arrangements, from input controls to output controls, is in accordance with the Ministerial Direction of December 2005, issued under section 91 of the Fisheries Administration Act 1991, that required AFMA to implement the government policy of managing Commonwealth fisheries using output controls in the form of individual transferable quotas by 2010.
Determination and Acceptance
Subsection 20(5) of the Act provides that sections 17, 18 and 19 apply to the revocation of a plan of management in the same way that they apply to a plan of management prepared under s17.
Section 17 requires that the new Plan can only be determined after consultation with such persons engaged in fishing as appear to AFMA to be appropriate and after giving due consideration to any representations made to AFMA on the new Plan in accordance with section 17. AFMA has consulted on the revocation of the previous Plan in conjunction with its consultation on the new Plan, as required by section 17.
The Office of Best Practice Regulation (OBPR) advised that no further analysis, in the form of a Regulation Impact Statement, is required (OBPR reference: ID 12105).
The AFMA Commission revoked the previous Plan on 20 December 2010.
As required by section 18 of the Act, AFMA submitted the revocation of the previous Plan to the Minister and informed the Minister of the nature of the representations received, and the consultations it conducted, before revoking the previous Plan. The Minister was satisfied of the matters specified in section 18(2) of the Act and accepted the revocation on 10 January 2011.
Notification of the determination and acceptance of the revocation was published in the Gazette in accordance with subsection 19(1) of the Act.
Statutory Fishing Rights options
Each person who held statutory fishing rights (SFRs) of a particular class (the relevant class) under the Plan immediately before it was revoked holds an SFR option in respect of fishing rights of the particular class. The two classes of SFRs are longline SFRs and minor line SFRs. After the revocation of the previous Plan and the determination of the new Plan come into force, following registration of both instruments on the Federal Register of Legislative Instruments, AFMA will determine under section 31C of the Act the SFRs each option holder is entitled to be granted under the new Plan.
Content of Determination
Clause 1 provides that the revocation of the previous Plan commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 2 provides that ‘ETBF Plan 2005’ means the Eastern Tuna and Billfish Fishery Management Plan 2005, determined under subsection 17(1) of the Fisheries Management Act 1991.
Clause 3 provides that the ETBF Plan 2005 is revoked.
Clause 4 provides that statutory fishing rights, boat permits and Coral Sea Zone permits granted under the ETBF Plan 2005 cease to have effect on 1 March 2011, being the date on which it is expected that SFRs granted under the new Plan will come into force.