EXPLANATORY STATEMENT
Issued by the Authority of the Australian Fisheries Management Authority (AFMA)
Fisheries Management Act 1991
Southern Bluefin Tuna Fishery Management Plan 1995
Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014
The Determination varies the actual live weight value of a statutory fishing right for the 2013-2014 season. This new Determination is required if Australia is to take advantage of an additional 42 tonnes quota granted to Australia by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). While the Southern Bluefin Tuna Fishery Australia’s National Catch Allocation (Amendment) Determination 2014 varies Australia’s National Catch Allocation, this Determination is necessary to ensure that the extra quota is allocated appropriately to eligible concession holders.
This variation is supported by the provisions of the Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1 (the Temporary Order). The Temporary Order overrides clause 18 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Management Plan) which would otherwise prevent AFMA from the actual live weight value of a statutory fishing right for a given season. The values have been determined in accordance with the formulas for calculation provided in subclause 18.2 of the Plan.
Subsection 17(5) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for AFMA to give particular determinations for the purposes of attaining the objectives of the plan of management.
Subsection 17(6)(aa) of the Management Act provides that a plan of management may determine or provide for AFMA to determine the fishing capacity measured, by that method or those methods permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Subclause 18.3 of the Management Plan provides that before the commencement of the season, if AFMA has determined the AusCatch for the season, AFMA must determine the actual live weight value of a statutory fishing right for the season. AFMA determined this value in the Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-2014. The Temporary Order allows AFMA to vary this determination for the 2013-2014 season, notwithstanding clause 18 of the Management Plan.
The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Fishery
The Southern Bluefin Tuna Fishery (the Fishery) includes all areas of the Australian Fishing Zone and Australian boats fishing on the High Seas. Southern Bluefin Tuna is the target species and the only species allowed to be taken in the Fishery. The Fishery is managed under the Southern Bluefin Tuna Fishery Management Plan 1995 (the Management Plan).
Management in the Fishery is through individually transferable quotas. Each year AFMA is required to set a National Catch Allocation which limits the total catch allowed in the fishery. Individuals in the fishery own Statutory Fishing Rights and the National Catch Allocation determines how much fish each Statutory Fishing Right is entitled to take.
The global Southern Bluefin Tuna Fishery is managed by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). Each year CCSBT sets a global total allowable catch (TAC) and allocates Australia a proportion of this total. AFMA is required to set the National Catch Allocation to be not in excess of this allocation.
Consultation
Representatives of the Australian Southern Bluefin Tuna Industry Association have written to the Parliamentary Secretary, Senator the Hon. Richard Colbeck, seeking advice on whether Australia plans to allocate the additional quota granted by the CCSBT. This Determination is supported by the Industry Association.
The Commission’s Decision
The AFMA Commission determined the previous actual live weight of a statutory fishing right for the 2013 and 2014 fishing seasons at its meeting of 24 October 2013. The AFMA commission determined the new actual live weight of a statutory fishing right for the 2013 fishing season at an out-of-session meeting, commencing 24 October 2014. The Commission was satisfied that the Determination is consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM Act and section 6 of the Fisheries Administration Act 1991. The actual live weight value of a statutory fishing right for the 2014-15 fishing season remains unchanged.
Regulation Impact Statement
AFMA has obtained an exemption from the Office of Best Practice Regulation from the requirement to produce a Regulation Impact Statement for this legislative instrument
(OBPR ID: 17760).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
Details of the Determination are set out below:
Clause 1 Provides for the Determination to be cited as the Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014.
Clause 2 Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments.
Clause 3 Provides that the Determination ceases as if it was revoked on 1 December 2015 unless earlier revoked.
Clause 4 Provides that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act.
Clause 5 Determines the actual live weight value of a statutory fishing right for the fishing season beginning on 1 December 2013 and ending on 30 November 2014 to be 0.9753171 kilograms, an increase from the previously determined value of 0.9674290 kilograms. The actual live weight value of a statutory fishing right for the fishing season beginning on 1 December 2014 and ending on 30 November 2015 remains 1.0639653 kilograms.
Clause 6 Revokes the previous Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-2014 with effect from the commencement of the Determination.