Southern Bluefin Tuna Fishery Management Plan 1995 - 2007/08 SBT Australian National Catch Allocation Determination

Administered by Department of Agriculture

Legislation au F2007L04254 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Board

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Southern Bluefin Tuna Fishery Management Plan 1995

Determination of the Australian National SBT Catch Allocation for 2007/2008

Paragraphs 17(6)(a) and 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provide that a plan of management for a fishery may, among other things:

  • determine the method or methods by which the fishing capacity of the fishery is to be measured, including by reference to, among other things, a quantity of fish and a particular period of fishing; and
  • provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity in respect of a particular period or periods.

The Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) implements as domestic law a management framework for the Australian Southern Bluefin Tuna (SBT) Fishery.  The Plan also gives effect to Australia's obligations under the Convention for the Conservation of Southern Bluefin Tuna (the Convention), a multilateral arrangement between Australia, Japan, New Zealand, the Fishing Entity of Taiwan and Republic of Korea.  The Plan also provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the Southern Bluefin Tuna Fishery (the fishery).  Under the Plan, each SFR allows its holder to take an equal portion of Australia’s national catch allocation of Southern Bluefin Tuna in a season.

Clause 17 of the Plan provides for AFMA to determine the Australian national catch allocation of SBT for seasons in the fishery:

  • Subclause 17.2 restricts the Australian national catch allocation for a season to be not more than the quantity of SBT allocated to Australia for the season by the Commission for the Conservation of Southern Bluefun Tuna (CCSBT).

Clause 18 of the Plan provides, among other things, for:

  • public notification of the national catch allocation for a season; and
  • from that allocation, the calculation of an actual live weight value of SFRs for the season.  The live weight value of an SFR is the weight of SBT that can be taken under authority of the SFR during the season.

AFMA must calculate the live weight value for the season not later than 30 days before the commencement of the season.

Seasons in the fishery are defined in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (the Regulations).  The 2007/2008 season is defined under the Regulations to commence at the beginning of 1 December 2007 and end on 30 November 2008.

At the thirteenth meeting of CCSBT in October 2006 held in Miyazaki, Japan the Commission agreed on a global total allowable catch for SBT for three years.  CCSBT confirmed this decision at their 14th meeting in October 2007.  The TAC set by CCSBT for the species worldwide is 11,810 tonnes.  Australia received a National Allocation of 5,265 tonnes.  In considering outcomes from CCSBT and other relevant information on 25 October 2007 AFMA determined a national catch allocation of 5,265,000 kilograms for the 2007/2008 season (the determination).  The determination commenced the day after its registration in the Federal Register of Legislative Instruments.

The Fishery

SBT is a highly migratory species and is widely distributed throughout waters of the southern oceans, including the Australian fishing zone.  The Australian SBT Fishery encompasses SBT fishing operations inside the Australian Fishing Zone (AFZ) (ie 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. In New South Wales, the State Government has banned the take of SBT inside three nautical miles.  The current ban is effective until 2010.

SBT is primarily managed using Statutory Fishing Rights (SFR) that allow holders to fish for SBT within the AFZ and the high seas.  In Australia the key areas where SBT is caught are the Great Australian Bight and to a lesser extent the west and east coasts of Australia.

Internationally, SBT is fished throughout its range by 20 nations although Japan, Australia, New Zealand, Taiwan, Korea, Philippines, South Africa and Indonesia account for the majority of catches. The SBT stock is considered to be overfished, spawning stock severely depleted and the current global total allowable catch provides a 50:50 probability of rebuilding or decline.

Consultation

Prior to determining the national catch allocation for SBT in 2007/2008 AFMA has consulted with:

  • The Fisheries and Aquaculture Branch of the Department of Agriculture, Fisheries and Forestry - Australia, which is responsible for the international aspects of the fishery's management; and
  • The Southern Bluefin Tuna Management Advisory Committee (SBTMAC), which is established under the Fisheries Administration Act 1991 as the principal forum in which issues relating to the management of the domestic SBT Fishery are discussed.

The outcome of the consultation was support for the CCSBT agreed national catch allocation from DAFF, Industry Members and the State Observer Member of the MAC.  The Environment MAC Member requested that any decision on national catch allocation be justified against the objectives of the Fisheries Management Act 1991.

Amongst other things the AFMA Board took account of this consultation and latest scientific advice from the Commission when determining the Australian National allocation of SBT in 2007/08.

Regulation Impact Statement

The Office for Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the Determination of the Provisional National Catch Allocation for the 2007/2008 season (ORR ID 9345).

 

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the management of fisheries in Australia, addressing the need for sustainable and effective regulation of fishing activities. This legislation allows for the establishment of management plans, such as the Southern Bluefin Tuna Fishery Management Plan 1995, which was introduced to specifically manage the Southern Bluefin Tuna fishery within Australia’s fishing zone and on the high seas. The Act empowers the Australian Fisheries Management Authority (AFMA) to determine national catch allocations, ensuring compliance with international agreements and obligations, such as those under the Convention for the Conservation of Southern Bluefin Tuna. The policy objective of the Act is to balance the conservation of fish stocks with the economic interests of the fishing industry, while also considering the long-term sustainability of marine resources. Through the Southern Bluefin Tuna Fishery Management Plan, AFMA ensures that the Australian catch allocation aligns with international agreements, thereby promoting responsible fishing practices and the conservation of Southern Bluefin Tuna.

Scope and Application

The Fisheries Management Act 1991, as applied through the Southern Bluefin Tuna Fishery Management Plan 1995, governs the management and allocation of the Australian Southern Bluefin Tuna (SBT) catch. This legislation applies to entities holding Statutory Fishing Rights (SFRs) which permit fishing operations for SBT within the Australian Fishing Zone and on the high seas. The Australian Fisheries Management Authority (AFMA) is responsible for determining the Australian national catch allocation for SBT, which must not exceed the quantity allocated to Australia by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). For the 2007/2008 season, AFMA determined the national catch allocation to be 5,265,000 kilograms, in line with the CCSBT allocation. This determination ensures compliance with international obligations under the Convention for the Conservation of Southern Bluefin Tuna, a multilateral agreement among Australia, Japan, New Zealand, the Fishing Entity of Taiwan, and the Republic of Korea. The Act applies nationally across the Australian Fishing Zone, with specific arrangements in New South Wales due to the Offshore Constitutional Settlement agreement. Subordinate instruments such as the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations further define the fishery seasons and operational details.

Key Provisions

The Fisheries Management Act 1991 (the Act) provides the framework for the management of Australia's fisheries, with particular sections (sections 17(6)(a) and 17(6)(aa)) empowering the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity and national catch allocations for specific fisheries, including the Southern Bluefin Tuna (SBT) Fishery. The Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) implements this framework, offering a detailed management structure for the SBT fishery. This plan not only aligns with the Convention for the Conservation of Southern Bluefin Tuna but also provides for the issuance of statutory fishing rights (SFRs) which entitle the holder to a specific portion of the national catch allocation for a given season. Under the Plan, AFMA is responsible for determining the Australian national catch allocation for SBT for each fishing season, a process outlined in clause 17 of the Plan. This allocation must not exceed the quantity allocated to Australia by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). Clause 18 of the Plan stipulates that AFMA must publicly notify the national catch allocation for a season and calculate the actual live weight value of the SFRs based on this allocation. The live weight value represents the weight of SBT that can be taken under the authority of an SFR during the season. AFMA must complete this calculation no later than 30 days before the commencement of the season. For the 2007/2008 season, AFMA determined the national catch allocation to be 5,265,000 kilograms, a determination that took into account the CCSBT's global total allowable catch of 11,810 tonnes and Australia's allocation of 5,265 tonnes. The obligations imposed by the Plan and the Act on the parties involved include the requirement for AFMA to consult with relevant stakeholders before determining the national catch allocation. These stakeholders include the Fisheries and Aquaculture Branch of the Department of Agriculture, Fisheries and Forestry - Australia, and the Southern Bluefin Tuna Management Advisory Committee (SBTMAC). The consultation process ensures that the determination is supported by the international management of the fishery, industry members, and state observers, while also aligning with the objectives of the Fisheries Management Act 1991. AFMA must also consider the latest scientific advice from the CCSBT when making such determinations. The Act and the Plan do not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, breaches of the regulations governing the management and operation of fisheries in Australia can generally lead to civil or criminal penalties under other sections of the Fisheries Management Act 1991 or related legislation. These penalties can include fines and imprisonment, depending on the severity and nature of the breach. For precise details on penalties, one would need to refer to the relevant sections of the Act or associated regulations.

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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.