Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1997 No. 234
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 234
Issued by the authority of the Minister for Resources
Fisheries Management Act 1991
Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Management Act to be prescribed.
Subsection 17(1) of the Act empowers the Australian Fisheries Management Authority (AFMA) to determine a plan of management for a fishery. The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (the principal Regulations) complement the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan), which was determined by AFMA under subsection 17(1) of the Act. Among other things, the Plan enables Australia to comply with its obligations under the Convention for the Conservation of Southern Bluefin Tuna (the Convention).
Australia, Japan and New Zealand have each signed and ratified the Convention. The Convention is administered by the Commission for the Conservation of Southern Bluefin Tuna (the Commission). The Commission determines an annual global total allowable catch (global TAC) of Southern Bluefin Tuna (SBT) and allocates that global TAC among the three member countries. Due to the migratory nature of SBT, the seasons in each member country to which a global TAC applies have different start and end dates.
The Plan provides for management of the fishery by means of a system of statutory fishing rights (SFRs). Under the Plan, a holder of SFRs (known as an operator) is permitted to take a particular quantity by weight of SBT for each SFR held during an Australian season, as determined by AFMA. If the Commission has not determined a global TAC and Australia's catch allocation at least one month before the start of the Australian season, AFMA must calculate and publish an interim live weight value of SFRs for the forthcoming season, which cannot be more than 50 per cent of the actual live weight value for the previous season. If the Commission has still not determined a global TAC within one month of the start of the Australian season, AFMA may determine a provisional national catch allocation which cannot be more than the Australia's national catch allocation from the global TAC decided on by the Commission for the previous season.
Among other things, the principal Regulations define the Australian season. The purpose of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) (the Regulations) is to amend the principal Regulations to alter the definition of the Australian season.
* The principal Regulations previously provided that the Australian season commenced on 16 December in a year and ended on 15 December in the following year.
* The Regulations provide that the current Australian season end on 30 November 1997 and that subsequent seasons commence on 1 December in a year and end on 30 November in the next year.
The Regulations provide significant benefits to operators in the fishery. Bringing forward the season commencement date allows operators sufficient time to make appropriate commercial arrangements with regard to the leasing of their SFRs before the middle of December, when most SBT fishing commences. In addition, bringing forward the season commencement date to, 1 December enables operators to catch more than 50 per cent of their portion of the previous season's national catch allocation from as early as 1 January each year, rather than from 16 January, as is presently the case.
At the same time, bringing forward the commencement of the SBT season to 1 December does not:
* encourage overfishing in the early part of the season, as fishing depends on the migration of fish, something riot controlled by operators; nor
* cause Australia to breach its international obligations under the Convention, as operators continue to be restricted to catching no more SBT than the allocation to Australia from the global TAC decided, by the Commission.
The Regulations are supported by the Southern Tuna Management Advisory Committee, an advisory body to AFMA and by the major industry body in the fishery, the, Tuna Boat Owners Association of Australia.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 amends. regulation 2A of the principal Regulations by substituting a new definition for the term "season".
Overview
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1997 No. 234 was enacted to address the need for adjusting the operational timeline of the Southern Bluefin Tuna (SBT) fishery in Australia. The Fisheries Management Act 1991, under which these regulations were made, empowers the Australian Fisheries Management Authority (AFMA) to determine management plans for fisheries, ensuring compliance with international conventions such as the Convention for the Conservation of Southern Bluefin Tuna. The primary objective of these amendments is to modify the definition of the Australian fishing season for SBT, starting from 1 December and ending on 30 November each year. This change aims to benefit operators by allowing them to make commercial arrangements earlier and catch a larger portion of their allocated catch earlier in the year, without compromising on sustainable fishing practices or international obligations. The amendment was supported by relevant industry advisory bodies and stakeholders, ensuring a balanced approach to fishery management.
Scope and Application
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1997 No. 234 applies to the management of the Southern Bluefin Tuna (SBT) fishery in Australian waters, affecting entities such as the Australian Fisheries Management Authority (AFMA), holders of statutory fishing rights (SFRs), and other operators engaged in the SBT fishery. These regulations are made under the authority of the Fisheries Management Act 1991 and aim to complement the Southern Bluefin Tuna Fishery Management Plan 1995. The amendments introduced by the Regulations specifically alter the definition of the Australian season for the fishery, which is critical for the timing of fishing activities and commercial arrangements. The Regulations are designed to ensure that Australia complies with its obligations under the Convention for the Conservation of Southern Bluefin Tuna, administered by the Commission for the Conservation of Southern Bluefin Tuna. The changes to the season dates, from starting on 16 December and ending on 15 December to starting on 1 December and ending on 30 November, provide operators with more time to organise leasing and other commercial activities, while maintaining compliance with international catch limits.
Key Provisions
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1997 No. 234 primarily focus on altering the definition of the Australian season for the Southern Bluefin Tuna (SBT) fishery as per Regulation 2 (s. 2). This amendment changes the commencement and conclusion dates of the Australian season, shifting it from starting on 16 December and ending on 15 December of the following year, to starting on 1 December and ending on 30 November of the subsequent year. This change is aimed at providing operators with more flexibility in their commercial arrangements, ensuring they have sufficient time to lease their statutory fishing rights (SFRs) before the fishing season begins.
The obligations imposed by these Regulations on the parties involved, particularly the operators holding SFRs, include adhering to the new seasonal dates as stipulated (s. 2). Operators must ensure that their fishing activities comply with the allocated catch limits determined by the Australian Fisheries Management Authority (AFMA) and the global total allowable catch (TAC) set by the Commission for the Conservation of Southern Bluefin Tuna (Commission). Operators are also required to abide by any interim live weight values published by AFMA if the Commission has not determined the global TAC and Australia's catch allocation in a timely manner. Additionally, operators must not exceed the allocated catch limits to prevent overfishing and to comply with Australia’s international obligations under the Convention for the Conservation of Southern Bluefin Tuna.
Violations of the provisions set forth in these Regulations may result in various consequences, including both civil and criminal penalties. For instance, operators who exceed their allocated catch limits or fail to comply with the specified seasonal dates may face enforcement actions by AFMA. The potential penalties for non-compliance can include fines, the suspension or revocation of fishing licenses, and other administrative sanctions as prescribed by the Fisheries Management Act 1991 (s. 168). While the specific maximum penalties are not detailed in the Regulations, they are generally aligned with the broader provisions of the Fisheries Management Act, which can include significant financial penalties and potential criminal charges for serious or repeated violations.