Southern Bluefin Tuna Fishery - Draft amendments to the Southern Bluefin Tuna Fishery Management Plan 1995

Overview

The Southern Bluefin Tuna Fishery Management Plan 1995, administered under the Fisheries Management Act 1991, is undergoing proposed amendments by the Australian Fisheries Management Authority (AFMA). This Act, enacted in 1991, was established to provide a comprehensive framework for the management of Australia's fisheries, addressing issues such as sustainable fishing practices and conservation of marine resources. The current draft amendments aim to update and refine the management strategies for the Southern Bluefin Tuna fishery, ensuring they align with contemporary conservation objectives and industry needs. AFMA seeks to enhance the effectiveness of the management plan by incorporating stakeholder feedback and the latest scientific data. Interested parties are encouraged to submit their written submissions by 5pm on Monday, 7 September 2020, to facilitate an inclusive and transparent amendment process.

Scope and Application

The proposed draft amendments to the Southern Bluefin Tuna Fishery Management Plan 1995, under the Fisheries Management Act 1991, pertain to entities and individuals involved in the Southern Bluefin Tuna (SBT) fishery, including those who hold statutory fishing rights, as well as other interested parties who may be affected by changes to the management plan. The geographic scope of these amendments is confined to the waters of Australia, particularly those areas designated for the SBT fishery. The Australian Fisheries Management Authority (AFMA) is the entity responsible for the implementation and administration of these amendments, and they are intended to enhance the sustainability and effective management of the SBT fishery. There are no stated exclusions or exemptions within the text provided, though it is likely that the authority of AFMA to implement and enforce these amendments may be subject to any relevant legislative provisions and subordinate instruments. AFMA's capacity to extend or restrict the application of these amendments may be achieved through additional regulations or guidelines issued under the authority of the Fisheries Management Act 1991.

Key Provisions

The main operative sections of the draft amendments to the Southern Bluefin Tuna Fishery Management Plan 1995 (SBT Management Plan) are grounded in the Fisheries Management Act 1991 (FMA), specifically under subsection 20(1). This provision allows the Australian Fisheries Management Authority (AFMA) to determine amendments to the SBT Management Plan, which is designed to regulate the sustainable management of the Southern Bluefin Tuna fishery. The process for these amendments involves a formal submission period, as outlined in subsection 17(2) of the FMA, where interested parties are invited to provide written submissions on the proposed changes. Submissions are due by 5pm on Monday 7 September 2020, and should be directed to the Manager of the Southern Bluefin Tuna Fishery at AFMA, either via postal mail or email. The obligations imposed on parties by the draft amendments include ensuring that any submissions provided are thorough, relevant, and address the specific elements of the proposed changes to the SBT Management Plan. Stakeholders, particularly those with statutory fishing rights or a registered interest in the fishery, are expected to engage with the process by reviewing the draft amendments and providing feedback. This feedback is crucial for AFMA in making informed decisions about the sustainability and effectiveness of the fishery management plan. The process also includes a requirement for AFMA to consider the submissions received and to potentially revise the draft amendments based on the feedback. Breaches of the provisions outlined in the FMA and the SBT Management Plan can result in various civil and criminal consequences. For example, failing to comply with the regulations set forth in the SBT Management Plan could lead to enforcement actions by AFMA, which may include fines, penalties, or other sanctions. The exact penalties depend on the nature and severity of the breach, but they are designed to ensure compliance with the sustainable management objectives of the fishery. Additionally, any person or entity found to be in violation of the FMA or the SBT Management Plan could face legal action, which may include court proceedings resulting in further penalties or orders. The maximum penalties for breaches can vary widely depending on the specific offence. For instance, under the FMA, individuals and corporations may face fines up to several thousand Australian dollars for minor infractions, while more serious breaches could result in penalties exceeding hundreds of thousands of dollars. Criminal offences, such as illegal fishing activities, can lead to imprisonment, with the duration and severity of the sentence depending on the circumstances of the offence. The overarching goal of these penalties is to deter non-compliance and to enforce adherence to the sustainable management practices outlined in the SBT Management Plan.