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 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.
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 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 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 17 October 2017. 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 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 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 Determination 2018.
Clause 2 Provides that the Determination commences on 1 December 2017.
Clause 3 Provides that the Determination ceases as if it was revoked on 1 December 2018 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.
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, addresses the need for comprehensive management of Australia's fisheries resources, ensuring sustainable use and conservation of marine species. The Southern Bluefin Tuna Fishery Management Plan 1995, along with the Southern Bluefin Tuna Fishery Fishing Season Determination 2018, was introduced to provide specific management strategies for the Southern Bluefin Tuna (SBT) fishery. This legislation was developed to ensure the sustainable management of SBT stocks, which are highly migratory and found in the Australian Fishing Zone and on the high seas, with a particular focus on the Great Australian Bight. The Australian Fisheries Management Authority (AFMA), as the managing body, was tasked with determining fishing seasons and other management measures to meet the objectives outlined in the Fishery Management Act and the Southern Bluefin Tuna Fishery Management Plan. The determination of the fishing season, set from 1 December to 30 November each year, was made in consultation with stakeholders, including the Australian Southern Bluefin Tuna Industry Association, to balance industry needs with conservation goals.
Scope and Application
The Southern Bluefin Tuna Fishery Fishing Season Determination 2018 applies to the Southern Bluefin Tuna Fishery, which encompasses fishing operations for Southern Bluefin Tuna within Australia's Fishing Zone and on the high seas, managed by the Australian Fisheries Management Authority (AFMA). This legislation establishes the fishing season period from 1 December to 30 November each year, aligning with the statutory objectives of the Fisheries Management Act 1991 (FM Act) and the Fisheries Administration Act 1991. The management of the fishery, under the Southern Bluefin Tuna Fishery Management Plan 1995, is primarily executed through Statutory Fishing Rights (SFRs), allowing holders to fish for Southern Bluefin Tuna within the specified areas. The determination was developed in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA) and is consistent with the AFMA Commission’s statutory obligations. This Determination does not require a Regulation Impact Statement as it pertains to machinery-of-government decisions, and AFMA has affirmed its compatibility with human rights.
Key Provisions
The Southern Bluefin Tuna Fishery Fishing Season Determination 2018 (the Determination) sets out the period for the Southern Bluefin Tuna (SBT) Fishery fishing season, beginning on 1 December and ending on 30 November of the following year (clause 5). This Determination is made under subsection 17(5) of the Fisheries Management Act 1991 (FM Act), which allows the Australian Fisheries Management Authority (AFMA) to make determinations to achieve the objectives of the management plan for the fishery. According to subclause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan), the term 'season' refers to the period determined as the fishing season by AFMA. This Determination was made in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA) and was approved by the AFMA Commission on 17 October 2017, ensuring it aligns with AFMA’s statutory objectives outlined in section 3 of the FM Act and section 6 of the Fisheries Administration Act 1991.
The Determination imposes specific obligations on the parties involved in the SBT Fishery. Primarily, it mandates that the fishing season for SBT be confined to the period starting on 1 December and ending on 30 November of the subsequent year. This seasonal framework is designed to manage the fishery sustainably and to align with the migratory patterns of the SBT, ensuring that fishing activities do not adversely impact the species’ population. The Determination also requires compliance with the statutory fishing rights (SFRs) that permit holders to fish for SBT within the Australian Fishing Zone (AFZ) and on the high seas. Additionally, it necessitates adherence to the quota decrementation process, where the weight of fish transferred from tow cages to farms is verified and used for managing the allowable catch.
The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within its text. However, breaches of provisions within the Fisheries Management Act 1991 and associated regulations can result in penalties. Under the FM Act, unauthorised fishing activities can lead to fines and potential imprisonment. For example, section 131 of the FM Act provides for penalties including fines of up to $132,000 for individuals and up to $660,000 for bodies corporate, along with possible imprisonment terms. Further, section 128 of the FM Act allows for the imposition of additional penalties, such as the forfeiture of fishing equipment and vessels used in the breach. These penalties underscore the importance of adhering to the regulatory framework set out by AFMA and the Determination to ensure sustainable management of the SBT Fishery.