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 2016
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 2016 (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 2016 Southern Bluefin Tuna Fishery fishing season. 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 verified count 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 Australian Fisheries Management Authority 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 2016 Southern Bluefin Tuna fishing season at its meeting of 26-27 August 2015. 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 2016.
Clause 2 Provides that the Determination commences on 30 November 2015.
Clause 3 Provides that the Determination is repealed on 1 December 2016 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 commencing on 1 December 2015 and ending on 30 November 2016 to be 1.0639653 kilograms.
Overview
The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2016 is a legislative instrument enacted by the Australian Fisheries Management Authority (AFMA) to address the need for determining the actual live weight value of a statutory fishing right for the 2016 fishing season, in line with the Southern Bluefin Tuna Fishery Management Plan 1995. The problem it addresses is the requirement for a precise value to be set for the fishing rights allocated to participants in the Southern Bluefin Tuna Fishery. This determination ensures that the values are set in accordance with the calculation formulas specified in the Southern Bluefin Tuna Fishery Management Plan 1995. The policy objective is to provide a transparent and consistent method for determining these values, ensuring that the management of the fishery remains effective and compliant with international agreements, particularly those made by the Commission for the Conservation of Southern Bluefin Tuna. This legislation aligns with the overarching Fisheries Management Act 1991, ensuring that the management of fisheries in Australian waters is carried out in a manner that supports sustainable use and conservation of marine resources.
Scope and Application
The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2016 applies to the management of the Southern Bluefin Tuna Fishery within the Australian Fishing Zone and on the high seas, primarily concerning the valuation of statutory fishing rights for the specified fishing season. This legislation is an instrument of the Fisheries Management Act 1991 and is administered by the Australian Fisheries Management Authority (AFMA). It targets the industry participants holding statutory fishing rights for Southern Bluefin Tuna (SBT), as well as AFMA itself, which is tasked with determining the actual live weight value of these rights. The Determination is specifically applicable to the calculation and implementation of the SBT catch quotas for the 2016 fishing season, in line with the formulas stipulated in the Southern Bluefin Tuna Fishery Management Plan 1995. This Determination does not extend to other fisheries or species outside the scope of the SBT Fishery, nor does it affect any other fishing activities not directly related to the statutory fishing rights for SBT.
Geographically, the Act pertains to fishing operations within the Australian Fishing Zone, which extends from 3 to 200 nautical miles around Australia, and on the high seas where SBT are caught. The legislation is consistent with the Offshore Constitutional Settlement, which designates the Commonwealth’s authority over the management of the SBT Fishery up to the low water mark. The application of the Determination is confined to the operational aspects of the SBT fishery and does not extend to other Commonwealth, state, or territory jurisdictions unless explicitly stated. Any exclusions, exemptions, or thresholds are addressed within the context of the Southern Bluefin Tuna Fishery Management Plan and the Fisheries Management Act, with no specific exclusions detailed in this Determination. The values and regulations can be further refined or amended through subordinate instruments as necessary to achieve the objectives of the management plan.
Key Provisions
The Southern Bluefin Tuna Fishery Actual Live Weight Value of a Statutory Fishing Right Determination 2016 (the Determination) is a legislative instrument established under subsection 17(5) and subsection 17(6)(aa) of the Fisheries Management Act 1991 (FM Act). It specifically determines the actual live weight value of a statutory fishing right for the 2016 Southern Bluefin Tuna fishing season. This determination is required under subclause 18.3 of the Southern Bluefin Tuna Fishery Management Plan 1995, which mandates that the Australian Fisheries Management Authority (AFMA) must establish this value before the fishing season if the Australian Catch (AusCatch) for the season has already been determined by AFMA. The value is calculated in accordance with the formulas stipulated in subclause 18.2 of the Plan.
The Determination imposes several obligations and requirements on AFMA. Primarily, it mandates that AFMA accurately calculate the actual live weight value of a statutory fishing right for the specified fishing season. This involves adhering to the formulas and methodologies outlined in the Southern Bluefin Tuna Fishery Management Plan 1995. Additionally, AFMA must ensure that the calculated value is consistent with the Commission’s decision and aligns with the broader objectives of sustainable management and conservation of Southern Bluefin Tuna (SBT) as set out in the FM Act and the Fisheries Administration Act 1991. AFMA must also ensure that this determination reflects the national catch allocations agreed upon by the Commission for the Conservation of Southern Bluefin Tuna.
The Determination does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure by AFMA to accurately determine the actual live weight value of a statutory fishing right could potentially lead to legal challenges or regulatory actions under the FM Act or other relevant legislation. Such non-compliance could also undermine the objectives of the Southern Bluefin Tuna Fishery Management Plan 1995, leading to broader regulatory scrutiny and enforcement actions. Given that the Determination is intended to support sustainable fishing practices, significant deviations from its provisions could result in penalties or sanctions imposed by AFMA or other relevant authorities.