Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2023

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2022L01475 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 2023

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 ninety five per cent of 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 2023 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003. 

The Determination determines Australia’s national catch allocation for the season commencing 1 December 2022 and ending on 30 November 2023.

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). Internationally the fishery is managed by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) of which Australia is a member.  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 Plan was amended in 2020 to implement the Government’s commitment to set aside five per cent of Australia’s CCSBT allocation for recreational fishing mortality. The set aside means that up to 95 per cent of Australia’s annual CCSBT allocation will be available to the commercial sector.

The commercial SBT Fishery is managed using Statutory Fishing Rights (SFRs) that allow holders to fish for SBT within the AFZ and the high seas. The majority of SBT are caught live and transferred from a tow cage into a farm where the fish are kept for an approximate six months grow-out period. Fishing occurs in offshore waters adjacent to Kangaroo Island, South Australia. The remainder are caught using longline methods, predominantly off south eastern Australia during the winter months. The recreational sector continues to be managed by the relevant states using bag and size limits.

Consultation

Representatives of the Australian Southern Bluefin Tuna Industry Association, the Department of Agriculture, Fisheries and Forestry, AFMA and the Australian Bureau of Agricultural and Resource Economics and Sciences attended the 29th Annual Commission for the Conservation of Southern Bluefin Tuna meeting (10-14 October 2022) 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 noted potential CCSBT outcomes relating to Australia’s national catch allocation at its annual meeting in September 2022. 

The Commission’s Decision

The AFMA Commission determined Australia’s national catch allocation at its meeting of 9-10 November 2022. 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 the setting of a 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 2023.

Clause 2 Provides that the Determination commences on 1 December 2022.

Clause 3 Provides that the Determination ceases on 1 December 2023.

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 2022 and ending on 30 November 2023 to be 5,926,500 kilograms.

 


 

 

 

 

Overview

The Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2023 is a legislative instrument made under the Fisheries Management Act 1991. This Act, enacted to manage fisheries sustainably and ensure the long-term conservation of marine resources, was introduced to address the need for a comprehensive framework governing fishing activities in Australia. The Determination sets the national catch allocation for Southern Bluefin Tuna for the season commencing 1 December 2022 and ending on 30 November 2023. The Australian Fisheries Management Authority (AFMA), which is responsible for the implementation and enforcement of the Act, made this Determination to ensure that Australia's fishing activities align with the objectives of the Southern Bluefin Tuna Fisheries Management Plan 1995. The policy objective of this Determination is to manage the sustainable harvest of Southern Bluefin Tuna, taking into account both commercial and recreational fishing sectors, while adhering to international conservation agreements.

Scope and Application

The Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2023 applies to the management and regulation of the Southern Bluefin Tuna fishery within Australia’s Fishing Zone and on the high seas, as outlined in the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995. This legislation is enacted under the authority of the Australian Fisheries Management Authority (AFMA) and applies to entities involved in both commercial and recreational fishing of Southern Bluefin Tuna, including those holding statutory fishing rights for commercial operations. The geographical scope of the Act extends to the waters within the Australian Fishing Zone, which includes areas up to 200 nautical miles from the Australian coastline, as well as the high seas beyond these boundaries. The Act does not apply to other species or fisheries outside the purview of the Southern Bluefin Tuna Fishery Management Plan. Any exclusions or exemptions from the provisions of the Determination would be explicitly stated within the legislative instrument or related plans, though the explanatory statement does not detail such exclusions. The Determination itself is a legislative instrument under the Legislation Act 2003, and its application may be further refined or extended through subordinate instruments as necessary to meet the objectives of the Southern Bluefin Tuna Fishery Management Plan.

Key Provisions

The Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2023 (the Determination) under the Fisheries Management Act 1991 (the Act) sets the catch allocation for the Australian commercial fishery for the period beginning on 1 December 2022 and ending on 30 November 2023. This Determination is made pursuant to subsection 17(5) of the Act and subclause 17.2 of the Southern Bluefin Tuna Fisheries Management Plan 1995 (the Plan). According to Clause 5 of the Determination, terms used within it are to be understood with the same meanings as they are given in the Plan or the Act. Clause 6 specifically determines that Australia’s national catch allocation for the mentioned period is 5,926,500 kilograms. The obligations imposed by this Determination include the requirement that AFMA must ensure that the catch allocation does not exceed 95% of the allocation to Australia under any decision made under paragraph 3 of article 8 of the Convention for the Conservation of Southern Bluefin Tuna, as determined by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). This obligation is intended to ensure sustainable management of the Southern Bluefin Tuna stock in alignment with international conservation efforts. Additionally, the Determination mandates that the set aside of five percent of the allocation for recreational fishing is to be maintained, allowing up to 95% of the annual catch to be available to the commercial sector. Failure to comply with the provisions of the Determination could result in civil or criminal penalties, depending on the nature and severity of the breach. While the Determination itself does not specify maximum penalties, breaches of the Fisheries Management Act 1991 or the Southern Bluefin Tuna Fisheries Management Plan 1995 may lead to significant penalties. These can include fines, imprisonment, or both, depending on the circumstances of the breach. For example, unauthorized fishing activities or exceeding the allocated catch limits could result in substantial fines and potential imprisonment for individuals or entities found in violation. Additionally, any actions that contravene the objectives of the CCSBT could result in further penalties under international 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.