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) Determination 2018
Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under section 17 of the 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 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 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.
The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2018 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.
The Determination determines the next two fishing seasons in the Southern Bluefin Tuna Fishery (as defined by as the periods starting firstly on 1 December 2018 and ending on 30 November 2019, and secondly on 1 December 2019 and ending on 30 November 2020.
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
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 at its meeting of 31 October 2018. 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 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 fisher, 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 attached to this 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) 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 FM Act under subsection 3.1 of Plan.
Clause 5 provides that a term used in the Determination that is defined in the FM Act or the Plan has the same meaning as in the FM Act or Plan (respectively).
Clause 6 Determines that the next two fishing seasons in the SBT Fishery are the periods:
(a) commencing on 1 December 2018 and ending on 30 November 2019: and
(b) commencing on 1 December 2019 and ending on 30 November 2020.