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 Australia’s National Catch Allocation (Amendment) Determination 2014
The Determination varies the National Catch Allocation for the 2013-2014 season, set out in the
Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014. 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).
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 certain clauses in the Southern Bluefin Tuna Fishery Management Plan 1995 (the Management Plan) which would otherwise prevent AFMA from varying an existing determination of Australia’s National Catch Allocation for a given season.
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 a 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 17.2 of the Plan provides that AFMA must determine the amount of Australia’s national catch allocation for each season. It further provides that this amount must not exceed the allocation to Australia under any decision made under paragraph 3 of article 8 of the Convention for the Conservation of Southern Bluefin Tuna made by the Commission for the Conservation of Southern Bluefin Tuna that applies to that season.
The Southern Bluefin Tuna Fishery Australia’s National Catch Allocation Determination (Amendment) 2014 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 varied National Catch Allocation for the 2013-2014 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 Management Act and section 6 of the Fisheries Administration Act 1991.
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 Australia’s National Catch Allocation (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 Management Plan or Management Act has the same meaning in the Determination as in the Management Plan or Management Act.
Clause 5 Varies the National Catch Allocation for the 2013-2014 fishing season by increasing the National Catch Allocation from 5,151,000 kilograms to 5,193,000 kilograms (i.e. an additional 42 tonnes). This clause also restates the National Catch Allocation for the 2014-2015 fishing season at 5,665,000 kilograms.
Clause 6 To revoke clause 6 of the Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014 (the previous determination) which previously set the National Catch Allocation for the 2013-2014 fishing season. The previous determination also determined the start and end dates of the 2013-2014 and 2014-2015 fishing seasons and these continue in force.