EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fisheries Management (Southern Bluefin Tuna Management Plan) Temporary Order 2009
The Fisheries Management (Southern Bluefin Tuna Management Plan) Temporary Order 2009 (the Temporary Order) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 43(2) of the Fisheries Management Act 1991 (the FM Act) provides that:
If AFMA is satisfied that:
(a) it is necessary to take action for the purpose of this section; and
(b) the action contemplated is consistent with AFMA’s objectives; and
(c) no other action is appropriate;
AFMA may make an order, consistent with this Act and the regulations, with respect to:
(d) any matter directly or indirectly connected with fishing:
(i) in a managed fishery; or
(ii) in the AFZ but not in a managed fishery; or
(iii) that is the subject of an international agreement and occurs outside the AFZ; or
(e) any other matter relating to a managed fishery, being a matter that may be provided for by a plan of management; or
(f) any incidental matter.
The Commission for the Conservation of Southern Bluefin Tuna meets on 20th to 23rd October 2009 and will then determine Australia’s Southern Bluefin Tuna national quota allocation after which AFMA, under the Southern Bluefin Tuna Management Plan 1995 section 18.3(a), must determine, then calculate and publish the actual live weight value for each SFR (or determine and publish an interim live weight value). Because AFMA Commissioners will only then meet on 30th October 2009, AFMA cannot formally determine and then publish before the mandated 30 days prior to the commencement of the season on 1st December 2009.
Accordingly this anomalous situation can only be rectified this year by requiring interim or live weight values to be published later but still be published before the start of the season.
The Temporary Order commences on the day after registration in the Federal Register of Legislation Instruments.
Details of the Temporary Order are set out below:
Paragraph 1
Paragraph 1 provides for the name of the declaration to be the Fisheries Management (Southern Bluefin Tuna Management Plan) Temporary Order 2009.
Paragraph 2
Paragraph 2 provides that the declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 provides the basis for the making of the order as is required by s43(2)(a) (b) and (c) of the Act
Paragraph 4
Paragraph 4 alters sub-paragraph 18.3 of the Plan of Management, requiring the calculation and publication of interim or actual live weight values for SFRs to take place, 14 days before the season commences on 1st December 2009 in lieu of the currently mandated 30 days.