Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment)

Overview

The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 No. 295 were enacted to address issues related to the timing and management of the Australian Southern Bluefin Tuna (SBT) fishery. This amendment to the principal regulations was made under the authority of the Fisheries Management Act 1991, and was issued by the Minister for Resources. The primary objective of the amendment was to adjust the definition of the Australian season for the SBT fishery, thereby providing more flexibility and reducing pressure on Australia to reach early agreements on global total allowable catches (TAC) with other member countries of the Convention for the Conservation of Southern Bluefin Tuna. The amendment was aimed at providing immediate benefits to Australia and SBT fishery operators by allowing a later start date for the Australian fishing season, which in turn alleviates pressure on early global TAC negotiations and provides operators with more time to plan their fishing operations. The amendment extends the current Australian season until 30 November 1995 and specifies that subsequent seasons will run from 1 December to 30 November each year. This change ensures that the Australian catch (AusCatch) remains within the country's allocated share of the global TAC and does not contravene Australia's obligations under the Convention. The amendment was supported by the Southern Tuna Management Advisory Committee and the Tuna Boat Owners Association of Australia, reflecting a consensus among key stakeholders in the industry.

Scope and Application

The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 No. 295 applies to all stakeholders involved in the Southern Bluefin Tuna (SBT) fishery within Australia, specifically those holding statutory fishing rights (SFRs) under the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995. This includes operators who are permitted to take a particular quantity by weight of SBT for each SFR held during an Australian season. The Regulations amend the definition of the Australian season to alleviate the pressure on Australia to reach early agreements on the global total allowable catch (TAC) and its allocation among participating countries, thereby extending the current season and providing additional time for operators to plan their fishing operations. The amendment does not affect the total quantity of SBT that can be taken for the current season, thus ensuring compliance with Australia’s obligations under the Convention for the Conservation of Southern Bluefin Tuna. The changes apply to the Commonwealth of Australia, and the amendments extend or restrict application through subordinate instruments as necessary to implement the regulations effectively.

Key Provisions

The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) 1995 No. 295EXPLANATORY STATEMENTSTATUTORY RULES 1995 No. 295, made under the Fisheries Management Act 1991, alters the definition of the Australian season for the Southern Bluefin Tuna (SBT) fishery. Previously, the Australian season ran from 1 November to 31 October the following year (Regulation 2). These regulations change the start of the current season to end on 30 November 1995 and establish that future seasons will run from 1 December to 30 November (Section 3). This amendment seeks to provide more flexibility and better align the Australian season with the global fishing schedule, thus easing the pressure on Australia to reach early agreements on the global total allowable catch (TAC) and its allocation. The amended regulations impose certain obligations on the parties involved in the fishery. Firstly, the Australian Fisheries Management Authority (AFMA) must now determine the Australian season in accordance with the new definitions provided in the amended regulations (Section 3). Operators holding statutory fishing rights (SFRs) are also affected, as they now have more time to plan their fishing operations due to the extended season. This adjustment ensures that they can better utilise their SFRs, especially given that approximately 900 tonnes of the current AusCatch of 5,265 tonnes remain uncaught (Section 3). The extension of the current season allows operators to fish against SFRs that would otherwise be unusable within the original season. Non-compliance with the provisions of the amended regulations could result in various legal consequences. Although the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is reasonable to infer that breaches of fishing regulations under the Fisheries Management Act 1991 could lead to civil or criminal penalties. These penalties may include fines, imprisonment, or both, depending on the severity and nature of the breach. Given that the regulations are designed to align with international obligations and ensure sustainable management of the fishery, any violations could potentially result in legal action by AFMA or other relevant authorities. The maximum penalties would be determined by the specific provisions of the Fisheries Management Act 1991 and any related legislation.