Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2024L01497 Not in force Legislative Instrument

Legislation content

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 2024

 

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.

 

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 2024 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Determination determines the fishing season in the Southern Bluefin Tuna Fishery (SBT Fishery) as the period starting on 1 December 2024 and ending on 30 November 2025.

 

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). Internationally, fishing for SBT is managed by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) of which Australia is a member. The SBT 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 arrangement 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 Plan was amended in 2020 to implement the government’s commitment to set aside five per cent of Australia’s CCSBT allocation for recreational fishing mortality. The set aside means that up to 95 per cent of Australia’s annual CCSBT allocation will be available to the commercial sector.

 

The commercial SBT Fishery is managed using Statutory Fishing Rights that allow holders to fish for SBT within the AFZ and the high seas. The majority of SBT are caught live and transferred from a tow cage into a farm where the fish are kept for an approximate six months grow-out period. Fishing occurs in offshore waters adjacent to Kangaroo Island, South Australia. The remainder are caught using longline methods, predominantly off south-eastern Australia during the winter months. The recreational sector continues to be managed by the relevant States using bag and size limits.

Consultation

 

The period for the fishing season has been developed in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA). ASBTIA is the peak body representing the SBT industry, inclusive of purse seine and long line fishing, and ranching operations for SBT. ASBTIA represents more than 80% of Australia’s SBT quota holdings and 100% of the tuna ranching companies. The Southern Bluefin Tuna Management Advisory Committee (SBTMAC) noted season dates for the 2024/25 season at its September 2024 meeting. SBTMAC includes members representing the commercial fishing industry, recreational and environmental sectors, scientific representatives and invited observers from industry associations and the Commonwealth Scientific and Industrial Research Organisation.

 

The Commission’s Decision

 

The AFMA Commission determined the fishing season date at its meeting on 12-13 November 2024. The Commission was satisfied that the Determination is consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the Act and section 6 of the Fisheries Administration Act 1991.

 

Impact Assessment

 

The Office of Impact Analysis (OIA) has previously advised that decisions made by AFMA including the setting of a total allowable catch and setting opening and closing dates for a fishing season do not require a detailed Impact Analysis, consistent with the carve-out agreement in place to cover all regulatory changes of a minor or machinery nature (OIA reference no. OIA23-06107).

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Details of the Determination are set out at Attachment A.

 

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 at

Attachment B.


ATTACHMENT A

 

Details of the Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024

 

 

Section 1

Provides that the name of the Determination is the Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024.

Section 2

Provides that the Determination commences on 1 December 2024.

Section 3

Provides that the Determination ceases on 30 November 2025.

Section 4

Provides that the Determination is made pursuant to paragraph 17(6)(aa) of the Act and under subclause 3.1 of the Plan.

Section 5

Provides that a number of the expressions used in this instrument are defined in the clause 3 of the Management Plan, including the following

SBT Fishery means any of the following activities:

  1.    fishing for Southern Bluefin Tuna in the Australian fishing zone using an Australian or foreign boat;
  2.    fishing for Southern Bluefin Tuna in the high seas fishing zone using an Australian boat;

but does not include the fishing referred to in clause 7 of the Plan.

Section 6

Determines that the fishing season in the SBT Fishery as the period commencing on 1 December 2024 and ending on 30 November 2025.

ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024

The Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

 

The Determination determines the season in the SBT Fishery as the period starting on 1 December 2024 and ending on 30 November 2025.

Assessment of human rights implications

As this Determination is of a mechanical nature, it does not engage any of the applicable rights or freedoms.

Conclusion

This Determination is compatible with human rights as it does not raise any human rights issues. The AFMA Commission is satisfied that the instrument is consistent with AFMA’s obligation to pursue its statutory objectives.

Overview

The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024 was enacted to specify the period within which commercial and recreational fishing for Southern Bluefin Tuna (SBT) is permitted in Australia. This legislative instrument was introduced under the authority of the Fisheries Management Act 1991, which provides the framework for the management of fisheries in Australia. The Act was enacted to ensure the sustainable management of fisheries and the protection of aquatic living resources. The policy objective of the Determination is to manage the SBT Fishery in a manner that achieves sustainable outcomes while supporting the economic and social interests of the fishing industry and other stakeholders. The Determination sets the fishing season for the SBT Fishery from 1 December 2024 to 30 November 2025, aligning with the management objectives outlined in the Southern Bluefin Tuna Fishery Management Plan 1995 and the statutory obligations of the Australian Fisheries Management Authority (AFMA).

Scope and Application

The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024 applies to the management of the Southern Bluefin Tuna (SBT) Fishery within the Australian Fishing Zone and on the high seas. This legislation is made under the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995, specifically determining the fishing season for SBT as starting on 1 December 2024 and ending on 30 November 2025. It is applicable to all commercial and recreational fishing activities related to SBT within the specified areas. The Commonwealth, through the Australian Fisheries Management Authority (AFMA), is responsible for managing the SBT Fishery under this legislation, except for the waters up to the low water mark in New South Wales, which fall under state jurisdiction. The Determination is designed to comply with Australia's obligations under the international framework managed by the Commission for the Conservation of Southern Bluefin Tuna. There are no specific exclusions or thresholds outlined in the Determination itself, but it is consistent with AFMA’s statutory objectives and has been assessed as compatible with human rights.

Key Provisions

The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024, as per Section 6, sets the fishing season for the Southern Bluefin Tuna (SBT) Fishery from 1 December 2024 to 30 November 2025. This determination is made under the authority provided by Subsection 17(5) and Subsection 17(6)(aa) of the Fisheries Management Act 1991 and aligns with the definition of 'season' as outlined in Subclause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995. This period encapsulates the timeframe during which commercial and recreational fishing activities for Southern Bluefin Tuna can legally take place within the Australian Fishing Zone and on the high seas. The Determination imposes specific obligations on the parties involved in the SBT Fishery, primarily stipulating the legal timeframe for fishing activities. It ensures that fishing operations must commence no earlier than 1 December 2024 and must conclude by 30 November 2025. This period is crucial for the management and sustainability of the SBT Fishery, aligning with the objectives set forth by the Australian Fisheries Management Authority (AFMA) and the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). The Determination also encompasses the statutory framework governing fishing rights and the allocation of the fishery's resources, ensuring compliance with the established management plan and international agreements. The Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024 does not explicitly outline specific offences or penalties for breaches of its provisions within the provided text. However, under the overarching Fisheries Management Act 1991, violations of the terms set forth in any determination or management plan may result in civil or criminal penalties. These penalties can include fines, suspension or revocation of fishing licenses, and potential imprisonment, depending on the severity and nature of the breach. The exact penalties would be in line with the provisions of the Fisheries Management Act 1991 and any relevant state or territory laws pertaining to fisheries management and enforcement. The Determination also references the Statement of Compatibility with Human Rights, indicating that AFMA has assessed the legislative instrument and found it to be compatible with human rights as it does not raise any human rights issues. This assessment underscores AFMA’s commitment to ensuring that its regulatory actions do not infringe upon the rights and freedoms of individuals or groups. Consequently, the Determination is intended to operate within a framework that respects and upholds human rights while effectively managing the Southern Bluefin Tuna Fishery.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

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.