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 2018
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 AusCatch (Australia’s national catch allocation) 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 2018 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.
The Determination determines the actual live weight value of a statutory fishing right for the 2018 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 and Water Resources and the Australian Bureau of Agricultural and Resource Economics and Sciences attended the 24th Annual 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 2018 Southern Bluefin Tuna fishing season out of session in November 2017. 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 has previously identified that decisions by AFMA including on setting total allowable catch (TAC); setting opening and closing dates for a fishing season; and setting undercatch and overcatch provisions in a fishery, do not require a Regulation Impact Statement. Such decisions are considered to be machinery in nature and are included in an approved carve-out (OBPR reference no. 14421) for AFMA.
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 2018.
Clause 2 Provides that the Determination commences on 1 December 2017.
Clause 3 Provides that the Determination ceases as if it was revoked on 1 December 2018 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 2017 and ending on 30 November 2018 to be 1.15787216 kilograms.