Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 No. 125
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 125
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.
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 the Australian Fisheries Management Authority (AFMA) under subsection 17 (1) of the Act.
The Plan came into effect on 3 February 1995 and provides for the management of the fishery by means of a system of statutory fishing rights (SFRs). Under the Plan, the holder of an SFR is permitted to take a quantity by weight of Southern Bluefin Tuna (SBT) using a particular boat. The Plan provides for how the quantity of SBT allowed to be taken under an SFR is determined and how the boat used to take the SBT must be nominated for use in connection with the SFR. The Plan also specifies that the quantity of SBT that can be taken under an SFR is measured in terms of the weight of whole SBT.
Due to its high value, much SBT is processed at sea before its weight can be accurately measured on land. Regulation 7 of the principal Regulations previously provided for a formula (the old formula) which allowed for the conversion of the processed weight of SBT to an equivalent whole weight by applying a factor of 1.176 to the processed weight of SBT. The old formula only accommodated SBT which had been processed by means of complete removal of the gill plates and the tail. Such processing is normally used when the SBT is to be frozen for storage before delivery to the market.
In practice, there are a number of methods that can be used to process SBT, each of which would give a different processed weight if applied to the same whole weight of SBT. The Australian Fisheries Management Authority (AFMA) has commissioned research into developing alternative formulae to accommodate alternative processing methods.
AFMA has received scientific advice about the first of the alternative processing methods to be investigated, which involved retention of the gill plates and removal of only part of the tail. Such processing is normally used when the SBT is to be is to be delivered fresh to the market. The scientific advice recommends the adoption of a new formula to accommodate this processing. The formula converts the processed weight of a batch of SBT to an equivalent whole weight by applying a factor of 1.12 to the processed weight of the batch (expressed in kilograms) and adding to the result 1 kilogram for each SBT in the batch.
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) (the Regulations) amend the principal Regulations to preserve the old formula and include the new formula. The Regulations have the support of the Southern Bluefin Tuna Management Advisory Committee. AFMA consulted widely with the industry in the fishery before the Regulations were drafted.
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 2 of the principal Regulations by substituting a new definition for the term "processed form". The new definition relates to the 2 alternative forms of processing that are accommodated in the conversion formulae - processed form A (used for frozen SBT) and processed form B (used for fresh SBT).
Regulation 3 amends regulation 7 of the principal Regulations to include the new formula and adapt the drafting of the old formula accordingly.
Overview
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 No. 125 were enacted to address discrepancies in the weight measurement of Southern Bluefin Tuna (SBT) resulting from differing processing methods. This amendment was issued under the authority of the Minister for Resources and complements the Fisheries Management Act 1991. The key objective of these regulations is to ensure accurate weight measurement and equitable management of the fishery by adopting new conversion formulae to reflect the various processing methods used in the industry. These amendments were developed with input from the Australian Fisheries Management Authority (AFMA) and the Southern Bluefin Tuna Management Advisory Committee, ensuring they are well-supported by industry stakeholders.
Scope and Application
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 apply to all persons and entities involved in the Southern Bluefin Tuna (SBT) fishery in Australia, particularly those holding statutory fishing rights (SFRs) under the Fisheries Management Act 1991. The Regulations govern the methods by which the weight of SBT taken from the fishery is measured and converted to an equivalent whole weight, thereby affecting the calculation of allowable catches under the Southern Bluefin Tuna Fishery Management Plan 1995. These Regulations apply nationally, ensuring consistent application across state and territory boundaries in accordance with the Commonwealth's legislative powers under the Constitution. The Regulations do not specify exclusions or exemptions but instead refine the application of existing formulae to accommodate new processing methods for SBT, thereby ensuring the integrity of the fishery management plan. The scope of the Regulations may be further defined or extended through subordinate instruments, such as further amendments or additional regulations made under the Fisheries Management Act 1991.
Key Provisions
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 (the Regulations) amends the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (the principal Regulations). Regulation 1 states that the Regulations amend the principal Regulations to incorporate new conversion formulae for measuring the weight of Southern Bluefin Tuna (SBT) that can be taken under a statutory fishing right (SFR). Regulation 2 redefines the term "processed form" to include processed form A, which applies to frozen SBT, and processed form B, which applies to fresh SBT. Regulation 3 modifies regulation 7 of the principal Regulations to incorporate the new formula for processed form B and to preserve the old formula for processed form A.
The Regulations impose obligations on holders of SFRs to accurately measure the weight of SBT taken under their SFRs using the appropriate conversion formula. For SBT processed by removing both the gill plates and the tail, the old formula applies, which multiplies the processed weight by a factor of 1.176. For SBT processed by retaining the gill plates and removing part of the tail, the new formula applies, which multiplies the processed weight by a factor of 1.12 and adds 1 kilogram for each SBT in the batch. These obligations ensure that the weight of SBT taken is measured accurately according to the processing method used.
Failure to comply with the Regulations may result in penalties. Under the Fisheries Management Act 1991, a person who contravenes a provision of the Regulations is liable to a penalty. The maximum penalty for a corporation is $525,000, and for an individual, it is $105,000. Additionally, any SBT taken in contravention of the Regulations may be forfeited to the Commonwealth and cannot be retained or sold by the holder of the SFR. These penalties and consequences are intended to enforce compliance with the Regulations and ensure the sustainable management of the Southern Bluefin Tuna fishery.