Southern Bluefin Tuna Fishery Management Plan 1995 - 2004/05 SBT Final TAC Determination

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries in Australian waters, including the allocation of Total Allowable Catches (TACs) and the regulation of fishing activities. The Act was introduced to address the need for sustainable and scientifically based management of fisheries resources to ensure their long-term viability and to protect marine ecosystems. The enactment of this Act is attributed to the Australian Parliament, reflecting the federal responsibility for managing fisheries within Australia's jurisdiction. The policy objective underlying the Act is to establish a framework that ensures the sustainable use of fishery resources, balancing ecological sustainability with economic and social considerations. The 2004-05 SBT Final TAC Determination is a legislative instrument issued under the authority of the Fisheries Management Act 1991, specifically pursuant to the Southern Bluefin Tuna Fishery Management Plan 1995. This determination was made by Richard McLoughlin, the Managing Director of the Australian Fisheries Management Authority, and it sets the national catch allocation for the Southern Bluefin Tuna Fishery for the period commencing 1 December 2004 and ending 30 November 2005 at 5,265,000 kilograms. The determination aims to implement the management strategies outlined in the relevant fishery management plan, ensuring that fishing activities are conducted within sustainable limits to protect the long-term health of the Southern Bluefin Tuna population.

Scope and Application

The 2004-05 SBT Final TAC Determination, made under the Fisheries Management Act 1991, applies specifically to the allocation of the Total Allowable Catch (TAC) for Southern Bluefin Tuna (SBT) in Australia for the fishery season beginning 1 December 2004 and ending 30 November 2005. This determination is made by the Managing Director of the Australian Fisheries Management Authority, as a delegate of the authority conferred by the Southern Bluefin Tuna Fishery Management Plan 1995. It sets out the national catch allocation for SBT for the specified season, reflecting the regulatory framework established by the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995. This determination operates within the jurisdictional scope of the Commonwealth of Australia, impacting all entities and individuals involved in the fishing of SBT within Australian waters, ensuring compliance with the management plan and legislative requirements. The terms used in this determination are consistent with those defined in the Southern Bluefin Tuna Fishery Management Plan 1995, with any additional definitions from the Fisheries Management Act 1991 also applying.

Key Provisions

The 2004-05 SBT Final TAC Determination, made under the Southern Bluefin Tuna Fishery Management Plan 1995, sets the Total Allowable Catch (TAC) for the Southern Bluefin Tuna (SBT) fishery in Australia for the period from 1 December 2004 to 30 November 2005. This determination is made by Richard McLoughlin, the Managing Director of the Australian Fisheries Management Authority, who acts as a delegate under subclause 17.2 of the Management Plan (sections 1 and 2). The determination specifies that Australia’s national catch allocation for the SBT fishery for this period is 5,265,000 kilograms (section 4). The Act imposes several obligations on parties involved in the Southern Bluefin Tuna fishery. These include adhering to the national catch allocation determined by the Authority and complying with any additional regulations or guidelines set forth under the Southern Bluefin Tuna Fishery Management Plan 1995. These obligations are aimed at ensuring sustainable management and conservation of the Southern Bluefin Tuna population. Any person or entity participating in the fishery must ensure their activities are within the limits and requirements set by this determination and the Management Plan. The interpretation section clarifies that terms defined in the Southern Bluefin Tuna Fishery Management Plan 1995 and the Fisheries Management Act 1991 retain their specified meanings when applied to this determination (sections 3 and Notes). Breaches of the provisions in this determination can result in various penalties and consequences. While the determination itself does not explicitly list penalties, violations of the Fisheries Management Act 1991 or the Southern Bluefin Tuna Fishery Management Plan 1995 could result in civil or criminal penalties. Under the Fisheries Management Act 1991, offences may include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. For instance, unauthorised fishing activities or exceeding the specified catch limits could lead to significant fines and other legal repercussions. It is essential for all parties involved to comply strictly with the provisions to avoid these potential consequences.