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 2025
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 2025 (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 2025 and ending on 30 November 2026.
The Fishery
Southern Bluefin Tuna, (SBT, Thunnus maccoyii) 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 sets aside five per cent of Australia’s CCSBT allocation for recreational fishing mortality, which means 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 2025/26 season out of session in October 2025. 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 11-12 November 2025. 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 Analysis
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 2025
Section 1 | Provides that the name of the Determination is the Southern Bluefin Tuna Fishery (Fishing Season) Determination 2025. |
Section 2 | Provides that the Determination commences on 1 December 2025. |
Section 3 | Provides that the Determination ceases on 30 November 2026. |
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 clause 3 of the Management Plan, including the following: SBT Fishery means any of the following activities:
season means the period determined as the fishing season by AFMA. |
Section 6 | Determines that the fishing season in the SBT Fishery as the period commencing on 1 December 2025 and ending on 30 November 2026. |
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 2025
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 2025 and ending on 30 November 2026.
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.