EXPLANATORY STATEMENT
Issued by the authority
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 2008/2009
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). 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 Bluefin 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 1995 (the Regulations). The 2008/2009 season is defined under the Regulations to commence at the beginning of 1 December 2008 and end on 30 November 2009.
At the thirteenth meeting of CCSBT in October 2006 held in Miyazaki, Japan CCSBT agreed on a global total allowable catch (TAC) for SBT for three years. CCSBT confirmed this decision at their 15th meeting in October 2008. 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 and latest scientific advice from CCSBT and other relevant information, AFMA agreed on 27-28 October 2008 to determine a national catch allocation of 5,265,000 kilograms for the 2008/2009 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 SFRs 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 2008/2009 AFMA has consulted with:
- The Fisheries and Aquaculture Branch of the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF) 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.
AFMA took in account the outcome from this consultation when determining the Australian National allocation of SBT in 2008/09.
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 2008/2009 season (ORR ID 9898).