Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015

Overview

The Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015 was introduced to address the need for more flexible management of the Southern Bluefin Tuna Fishery in Australia. Enacted by the Australian Government, this regulation is a legislative instrument under the Fisheries Management Act 1991, aiming to allow the Australian Fisheries Management Authority (AFMA) to set season dates more effectively through Determinations. This change responds to industry feedback and the need to adapt to changing circumstances or enhance Australia's position in international negotiations. The regulation repeals Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995, which previously required season dates to be set by regulation. Consultation with stakeholders, including the Southern Bluefin Tuna Management Advisory Committee and the Australian Southern Bluefin Tuna Industry Association, has supported these amendments. The regulation is deemed compatible with human rights, as assessed by AFMA and affirmed in a Statement of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015 applies to the management and regulation of the Southern Bluefin Tuna Fishery within Australian waters, specifically under the Fisheries Management Act 1991. This legislation is pertinent to the Australian Fisheries Management Authority (AFMA) and the entities involved in the Southern Bluefin Tuna Fishery, including fishing vessels and industry associations. The Regulation aims to repeal Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995, which previously set the season dates for the fishery. By doing so, it grants AFMA the flexibility to set season dates via Determinations, responding more readily to changing industry practices and international negotiation requirements. The Regulation's jurisdiction is limited to Commonwealth waters, specifically those managed under the Fisheries Management Act 1991. There are no explicit exclusions or thresholds mentioned in the Regulation, but it does provide a framework for AFMA to implement flexible management practices within the existing legislative parameters. The Regulation extends the application of the Act by allowing for more adaptable season setting, thereby facilitating better management of the fishery in line with evolving industry needs and international agreements.

Key Provisions

The Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015 introduces significant changes to the regulation of the Southern Bluefin Tuna (SBT) fishery. The primary operative section, section 4, involves Schedule 1, which repeals Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995. This repeal removes the requirement for setting the fishing season dates by regulation, allowing the Australian Fisheries Management Authority (AFMA) to set these dates by Determination instead (s. 1). This amendment aims to provide AFMA with greater flexibility to adjust season dates in response to changing circumstances, such as shifts in fishing practices or to strengthen Australia's position in international negotiations (s. 1). The Act imposes specific obligations on AFMA and other relevant entities. AFMA is now tasked with setting the season dates through Determinations rather than regulations, allowing for more responsive and adaptive management of the fishery. This change necessitates that AFMA consult with stakeholders, including the Southern Bluefin Tuna Management Advisory Committee (SBTMAC), the Department of Agriculture, and the Australian Southern Bluefin Tuna Industry Association (ASBTIA), to ensure that any changes to the season dates are informed by industry input and consider broader implications (s. 1). The flexibility granted by this amendment allows AFMA to better manage the fishery in a dynamic environment. Breaches of the new regulatory framework may not explicitly outline specific offences, penalties, or civil/criminal consequences within the Regulation itself. However, it is essential to consider the broader legislative context. Under the Fisheries Management Act 1991, any failure to comply with the regulations or determinations set by AFMA could result in various sanctions, including fines and other penalties as prescribed by the Act. These could potentially include both civil and criminal liabilities, depending on the severity and intent behind the non-compliance. The exact penalties would be determined by the relevant courts, taking into account the specific circumstances of any breach.