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 Fishing Season and Australia’s National Catch Allocation Determination 2017
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 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) provides that the definition of the term ‘season’ means the period determined as the fishing season by AFMA.
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 Fishing Season and Australia’s National Catch Allocation Determination 2017 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Determination determines the period for the Southern Bluefin Tuna Fishery fishing season to be the period starting on 1 December in a year and ending on 30 November in the following year.
The Determination further determines Australia’s national catch allocation for the 2017 Southern Bluefin Tuna Fishery fishing season.
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, the Australian Fisheries Management Authority and the Australian Bureau of Agricultural and Resource Economics attended the 2016 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 period for the fishing season has been developed in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA).
The Commission’s Decision
The AFMA Commission determined the fishing season date and Australia’s national catch allocation at its meeting of 26-27 October 2016. 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 advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
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 Fishing Season and Australia’s National Catch Allocation Determination 2017.
Clause 2 Provides that the Determination commences on 1 December 2016 (‘Commencement Date’).
Clause 3 Provides that the Determination ceases as if it was revoked on 1 December 2017 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 fishing season in the Southern Bluefin Tuna Fishery is the period starting on 1 December in a year and ending on 30 November of the following year.
Clause 6 Determines Australia’s national catch allocation for the fishing season beginning on 1 December 2016 and ending on 30 November 2017 to be 5,665,000 kilograms.
Clause 7 Provides for the revocation of the 2016 Southern Bluefin Tuna Australia’s National Catch Allocation (Amendment) Determination from the commencement date.