Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L01555 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 (Australia’s National Catch Allocation) Determination 2018

 

Subsection 17(5) of the Fisheries Management Act 1991 (the 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.

Paragraph 17(6)(aa) of the 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.

Subsection 17.2 of the Southern Bluefin Tuna Fisheries Management Plan 1995 (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 2018 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003. 

The Determination determines Australia’s national catch allocation for the 2019 and 2020 Southern Bluefin Tuna Fishery fishing seasons. 

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, the Australian Fisheries Management Authority and the Australian Bureau of Agricultural and Resource Economics and Sciences attended the 2017 annual meeting of the 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 Southern Bluefin Tuna Management Advisory Committee also considered the issue of domestic allocations at its September 2018 meeting and unanimously supported setting the Australian national catch allocation for the next two seasons in the same terms as for the 2018 season.

The Commission’s Decision

The AFMA Commission determined Australia’s national catch allocation at its meeting of 31 October 2018, agreeing to provide industry with an option to voluntarily meet the annual set aside of 250 tonnes of quota under strict conditions. The Commission was satisfied that the Determination is consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the Act and section 6 of the Fisheries Administration Act 1991. 

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) 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) reflecting where AFMA is required to make decisions under current regulatory settings and follow certain procedures when making those decisions.

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 outlined below. 

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) Determination 2018.

Clause 2 Provides that the Determination commences on 1 December 2018.

Clause 3 Provides that the Determination ceases as if it was revoked on 1 December 2020 unless earlier revoked.

Clause 4 Provides that the Determination is made pursuant to paragraph 17(6)(aa) of the Act under subclause 17.2 of the Southern Bluefin Tuna Fishery Management Plan 1995.

Clause 5 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 6 Determines that Australia’s national catch allocation for the fishing season commencing on 1 December 2018 and ending on 30 November 2019 to be 6,165,000 kilograms, and for the fishing season commencing on 1 December 2019 and ending on 30 November 2020 to be 6,165,000 kilograms.


 

 

 

 

 

 

 

Overview

The Fisheries Management Act 1991, enacted to provide for the management of fisheries within Australia's jurisdiction, introduced the Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2018 to specifically address the need for setting Australia’s national catch allocation for the Southern Bluefin Tuna (SBT) fishery for the 2019 and 2020 fishing seasons. This legislative instrument was developed by the Australian Fisheries Management Authority (AFMA) in accordance with the provisions of the Fisheries Management Act 1991, which empowers AFMA to make determinations that align with the objectives of the Southern Bluefin Tuna Fisheries Management Plan 1995. The policy objective of this Determination is to ensure that the national catch allocation for the SBT fishery does not exceed the allocation determined by the Commission for the Conservation of Southern Bluefin Tuna, thereby promoting sustainable management of the fishery while complying with international conservation agreements.

Scope and Application

The Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2018 is a legislative instrument under the Fisheries Management Act 1991, focusing on the management and allocation of the catch for Southern Bluefin Tuna (SBT) within Australian waters, specifically in the Australian Fishing Zone (AFZ) and on the high seas. This Determination applies to the Australian Fisheries Management Authority (AFMA), which is responsible for setting the national catch allocation for SBT for the specified fishing seasons. The allocation is set in accordance with the Southern Bluefin Tuna Fisheries Management Plan 1995 and must not exceed the allocation agreed to by the Commission for the Conservation of Southern Bluefin Tuna under international conventions. This legislation does not apply to individual fishers or entities directly but rather governs the overarching allocation set by AFMA, which indirectly affects those involved in the SBT fishery. The Determination is effective from 1 December 2018 and will cease on 1 December 2020 unless revoked earlier. The geographic reach of this Act pertains to the waters within the AFZ and the high seas, primarily where SBT is caught, including areas such as the Great Australian Bight.

Key Provisions

The Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2018 (the Determination) sets out the national catch allocation for the Southern Bluefin Tuna (SBT) fishery for the 2019 and 2020 fishing seasons. The Determination is made under subsection 17(5) of the Fisheries Management Act 1991 (the Act) and pursuant to subclause 17.2 of the Southern Bluefin Tuna Fisheries Management Plan 1995 (the Plan). Specifically, clause 6 of the Determination sets Australia's national catch allocation for the 2019 and 2020 fishing seasons at 6,165,000 kilograms for each season (subsection 17.2 of the Plan). 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 Determination imposes obligations on the Australian Fisheries Management Authority (AFMA) to determine the national catch allocation for the SBT fishery in accordance with the Plan and the Act. AFMA must ensure that the national catch allocation determined does not exceed the allocation agreed upon by the Commission for the Conservation of Southern Bluefin Tuna. The Determination also sets the timeframes for the 2019 and 2020 fishing seasons, with the Determination coming into effect on 1 December 2018 and ceasing on 1 December 2020, unless earlier revoked. The Determination further ensures consistency of terms used by cross-referencing definitions from the Plan and the Act. Breaches of the provisions in the Determination may lead to civil or criminal consequences, although specific penalties are not outlined in the text. The Determination, as a legislative instrument, is subject to compliance with the Act and the Plan, which may include provisions for penalties in case of non-compliance. AFMA’s decisions, including those on catch allocations, are integral to the management of the SBT fishery and are expected to align with statutory objectives to ensure sustainable fishing practices. Non-compliance with the catch allocation could potentially result in legal action under the Fisheries Management Act or other relevant legislation, with penalties including fines and other sanctions as prescribed by law.

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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.