Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-14

Administered by Department of Agriculture

Legislation au F2013L01873 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Southern Bluefin Tuna Fishery Management Plan 1995

 

Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-14

 

 

Subsection 17(5) of the Fisheries Management Act 1991 (the FM Act) provides that a plan of management made under the FM Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular determinations for the purposes of attaining the objectives of the plan of management.

 

Subsection 17(6)(aa) of the FM 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 Southern Bluefin Tuna Fishery Management Plan 1995 (the 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. 

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-14 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Determination determines the actual live weight value of a statutory fishing right for the 2013 and 2014 Southern Bluefin Tuna Fishery fishing seasons.  The values have been determined in accordance with the formulas for calculation provided in subclause 18.2 of the Plan. 

 

The Fishery
 

Southern Bluefin Tuna (SBT) is a highly migratory species and is widely distributed throughout waters of the southern oceans, including the Australian Fishing Zone (AFZ).  The Australian Southern Bluefin Tuna Fishery encompasses SBT fishing operations inside the AFZ (i.e. adjacent from 3 to 200 nautical miles around Australia) and on the high seas.  Aside from New South Wales, under an Offshore Constitutional Settlement (OCS) agreement between the Commonwealth and the States/Territories, management of the SBT Fishery to the area of low water mark is the responsibility of the Commonwealth through AFMA.

The SBT Fishery is primarily managed using Statutory Fishing Rights (SFRs) which allow holders to fish for SBT within the AFZ and the high seas.  The key areas where SBT is caught are the Great Australian Bight and to a lesser extent the west and east coasts of Australia. SBT are caught live and transferred from a tow cage into a farm where the fish are kept for an approximate 6 months grow out period. The transfer weighing is conducted at the time of transfer to determine the weight of fish transferred. This weight is used for quota decrementation purposes.

 

 

 

Consultation

 

Representatives of the Australian Southern Bluefin Tuna Industry Association, the Department of Agriculture, the AFMA and the Australian Bureau of Agricultural and Resource Economics attended the recent Commission for the Conservation of Southern Bluefin Tuna meeting as part of the Australian delegation. The meeting discussed and agreed national catch allocations for Australia and other member countries. The actual live weight value of a statutory fishing right is the domestic implementation of these decisions.

The Commission’s Decision

The AFMA Commission determined the actual live weight of a statutory fishing right for the 2013 and 2014 fishing seasons at their meeting of 24 October 2013.  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. 

Regulation Impact Statement

 

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature. 

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 Determination 2013-14.

 

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 0.9674290 kilograms and for the fishing season beginning on 1 December 2014 and ending on 30 November 2015 to be 1.0639653 kilograms.

Overview

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-14 is a legislative instrument made under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). It determines the actual live weight value of a statutory fishing right for the 2013 and 2014 Southern Bluefin Tuna (SBT) Fishery seasons, in accordance with the formulas provided in the Southern Bluefin Tuna Fishery Management Plan 1995. The values determined are 0.9674290 kilograms for the 2013 season and 1.0639653 kilograms for the 2014 season. This Determination is a response to the need for effective management of the highly migratory SBT species within Australian waters and on the high seas, ensuring that the fishery operates within agreed national catch allocations as determined by the Commission for the Conservation of Southern Bluefin Tuna. AFMA's decision aligns with its statutory objectives and the broader international conservation efforts for the species.

Scope and Application

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-14 applies to the management and regulation of the Southern Bluefin Tuna (SBT) fishery within the Australian Fishing Zone (AFZ) and on the high seas, specifically to the determination of the actual live weight value of a statutory fishing right (SFR) for the 2013 and 2014 fishing seasons. The Act is administered by the Australian Fisheries Management Authority (AFMA), which is responsible for determining the AusCatch for the season and subsequently determining the actual live weight value of a statutory fishing right for the season. The values are determined in accordance with the formulas provided in subclause 18.2 of the Southern Bluefin Tuna Fishery Management Plan 1995. The jurisdiction of the Act is Commonwealth-wide, encompassing SBT fishing operations inside the AFZ and on the high seas, with the exception of New South Wales, where the management responsibility is shared with the state government under the Offshore Constitutional Settlement agreement. The Determination does not extend or restrict application through subordinate instruments and is consistent with AFMA's statutory objectives specified in section 3 of the Fisheries Management Act 1991 and section 6 of the Fisheries Administration Act 1991.

Key Provisions

The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2013-14 establishes the specific values for the statutory fishing rights within the Southern Bluefin Tuna Fishery for the respective 2013 and 2014 fishing seasons. According to Clause 5, these values are set at 0.9674290 kilograms for the first season and 1.0639653 kilograms for the second season (Clause 5). These values are calculated in line with the formulas provided in subclause 18.2 of the Southern Bluefin Tuna Fishery Management Plan 1995 (Clause 18.2) and are determined by the Australian Fisheries Management Authority (AFMA) in accordance with the requirements set out in the Fisheries Management Act 1991 (FM Act) and the Southern Bluefin Tuna Fishery Management Plan 1995 (Plan) (Subsections 17(5) and 17(6)(aa) of the FM Act; Subclause 18.3 of the Plan). The Act imposes several obligations on AFMA and other relevant parties, such as the Australian Southern Bluefin Tuna Industry Association and the Department of Agriculture. AFMA is required to determine the actual live weight value of a statutory fishing right for the Southern Bluefin Tuna Fishery before the commencement of each fishing season, provided the Australian Catch (AusCatch) for the season has been determined (Subclause 18.3 of the Plan). The values determined must align with the calculation formulas stipulated in the Plan (Subclause 18.2 of the Plan). The Australian delegation, comprising representatives from AFMA, the Department of Agriculture, the Australian Southern Bluefin Tuna Industry Association, and the Australian Bureau of Agricultural and Resource Economics, participates in meetings of the Commission for the Conservation of Southern Bluefin Tuna to discuss and agree on national catch allocations for Australia and other member countries. The values determined under this Determination reflect these international decisions and are implemented domestically. Failure to comply with the provisions of this Determination could result in legal consequences. While specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the Determination, breaches of the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995 could lead to enforcement actions, including fines and other penalties. The exact nature and severity of these penalties would depend on the specific breach and the relevant sections of the primary legislation. Furthermore, AFMA has assessed that this legislative instrument is compatible with human rights under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, with a Statement of Compatibility provided as supporting documentation.

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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.