Southern Bluefin Tuna Fishery (Fishing Season) Determination 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L01548 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 (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.


 

 

 

 

 

 

Overview

The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2018 was enacted to establish the fishing seasons for the Southern Bluefin Tuna Fishery for the next two years, 2018-2019 and 2019-2020. This Determination was made under the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to set management plans and specific determinations for fisheries to meet management objectives. The primary problem this legislation addresses is the need for a structured and predictable fishing season to manage the highly migratory Southern Bluefin Tuna species effectively within the Australian Fishing Zone and on the high seas. The Australian Fisheries Management Authority, as the relevant legislative body, determined these fishing seasons to ensure sustainable management and conservation of the Southern Bluefin Tuna population. The policy objective is to maintain a balance between the economic interests of the fishing industry and the ecological sustainability of the fishery.

Scope and Application

The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2018 is a legislative instrument that applies to the Southern Bluefin Tuna Fishery within the Australian Fishing Zone and on the high seas. This determination is made under the authority of the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995, and it is administered by the Australian Fisheries Management Authority (AFMA). The Determination specifies the fishing seasons for the Southern Bluefin Tuna fishery, setting the periods from 1 December 2018 to 30 November 2019 and from 1 December 2019 to 30 November 2020. The determination is developed in consultation with the Australian Southern Bluefin Tuna Industry Association and is consistent with AFMA's statutory objectives. It is important to note that the Determination does not require a Regulation Impact Statement as it is considered machinery in nature and is included in an approved carve-out. AFMA has also assessed that this legislative instrument is compatible with human rights.

Key Provisions

The main operative sections of the Southern Bluefin Tuna Fishery (Fishing Season) Determination 2018 (subsections 17(5) and 17(6)(aa) of the Fisheries Management Act 1991) establish the fishing seasons for the Southern Bluefin Tuna (SBT) fishery, which are critical for managing the fishery's sustainable exploitation. Clause 1 of the Determination names it as the Southern Bluefin Tuna Fishery (Fishing Season) Determination 2018, Clause 2 specifies its commencement date of 1 December 2018, and Clause 3 states that it will cease on 1 December 2020 unless earlier revoked. Clause 6 explicitly determines the next two fishing seasons, from 1 December 2018 to 30 November 2019, and from 1 December 2019 to 30 November 2020. Under this legislation, the Australian Fisheries Management Authority (AFMA) is obligated to enforce these fishing seasons, ensuring that all SBT fishing activities align with the set dates. The Determination requires AFMA to monitor and manage SBT fishing operations within the Australian Fishing Zone and the high seas, ensuring that the Statutory Fishing Rights (SFRs) holders comply with the established fishing seasons. This management is crucial for maintaining the sustainability of the SBT population, given the species' migratory nature and its wide distribution in the southern oceans. AFMA must also ensure that the fishing activities do not exceed the total allowable catch (TAC) and adhere to the quota decrementation processes. Breach of the provisions set forth in this Determination can lead to significant consequences. Although the Determination itself does not specify penalties, violations of the Fisheries Management Act 1991 can result in severe civil and criminal penalties. Under section 280 of the Act, unauthorised fishing activities can incur fines up to $22,200 for individuals and $111,000 for corporations, with additional penalties for repeat offences. Furthermore, section 281 imposes harsher penalties for offences involving the killing, injuring, or taking of marine animals, which could potentially include SBT. These penalties underscore the importance of compliance with the fishing seasons and other management measures established under the Act and the Determination.

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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.