Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014

Administered by Department of Agriculture

Legislation au F2014L01487 Not in force Legislative Instrument

Legislation content

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.


 

Overview

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014 was enacted to address the need for adjusting the actual live weight value of a statutory fishing right for the 2013-2014 fishing season to accommodate an additional 42 tonnes quota granted to Australia by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). This Determination was introduced by the Australian Fisheries Management Authority (AFMA) and is an amendment to the existing Southern Bluefin Tuna Fishery Management Plan 1995. The policy objective of this Determination is to ensure that the extra quota is appropriately allocated to eligible concession holders, thereby supporting the sustainable management of the Southern Bluefin Tuna Fishery. This adjustment is enabled by the Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1, which overrides certain provisions in the Management Plan to facilitate the variation of the actual live weight value of a statutory fishing right for the specified season.

Scope and Application

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014 applies to the Southern Bluefin Tuna Fishery within the Australian Fishing Zone and to Australian boats fishing on the high seas, targeting the Southern Bluefin Tuna as the sole allowable species. This Determination is enacted under the authority of the Australian Fisheries Management Authority (AFMA) as provided by the Fisheries Management Act 1991. It is designed to facilitate the allocation of an additional 42 tonnes of quota granted to Australia by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) for the 2013-2014 season. The amendment specifically adjusts the actual live weight value of a statutory fishing right for that season to enable appropriate distribution to eligible concession holders. The Determination is supported by the Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1, which overrides a provision in the Southern Bluefin Tuna Fishery Management Plan 1995 that would otherwise restrict AFMA from varying the actual live weight value. This amendment does not alter the value for the 2014-2015 season, which remains unchanged. The Determination is subject to the geographic scope of the Australian Fishing Zone and is applicable nationally, aligning with Australia's international obligations under the CCSBT.

Key Provisions

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right (Amendment) Determination 2014 (the Determination) amends the live weight value of a statutory fishing right for the 2013-2014 season, increasing it to 0.9753171 kilograms from the previous value of 0.9674290 kilograms. This amendment is necessary to enable Australia to utilise the additional 42 tonnes quota granted by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). The Determination is underpinned by the Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1, which overrides clause 18 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Management Plan). This clause would otherwise prevent the Australian Fisheries Management Authority (AFMA) from varying the live weight value of a statutory fishing right for a given season. The values have been calculated according to the formulas provided in subclause 18.2 of the Management Plan. The Determination is a legislative instrument under the Legislative Instruments Act 2003. The Determination imposes specific obligations on AFMA and the holders of statutory fishing rights in the Southern Bluefin Tuna Fishery. AFMA is required to determine the actual live weight value of a statutory fishing right for each fishing season, ensuring that it aligns with Australia's National Catch Allocation and the global total allowable catch set by the CCSBT. Holders of statutory fishing rights must comply with the quota limits set by AFMA, which are based on the National Catch Allocation. This ensures that the fishery is managed sustainably and that the additional quota is allocated appropriately to eligible concession holders. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the regulations governing the Southern Bluefin Tuna Fishery could result in penalties under the Fisheries Management Act 1991 and the Fisheries Administration Act 1991. These acts provide for various offences related to fishing activities, including exceeding quota limits, fishing without a permit, and other regulatory breaches. Penalties can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the offence, as outlined in the respective acts. The Determination ensures that the additional quota is appropriately managed and allocated, thereby avoiding potential breaches of these regulations.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.