EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
2009-2011 Southern Bluefin Tuna Australian National Catch Allocation Determination
The 2009-2011 Southern Bluefin Tuna Australian National Catch Allocation Determination (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the fishery, in respect of a particular period or periods.
Section 17.2 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) requires AFMA to determine the amount of Australia’s national catch allocation for each season to be an amount that does not exceed the allocation to Australia made by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT).
Background
The CCSBT met on 20th to 23rd October 2009 and determined Australia’s Southern Bluefin Tuna (SBT) national quota allocation of 4,015 tonnes for the each of the next two years, commencing on 1 December 2009. This is a reduction of 23.7% from the annual catch level of 5,265 tonnes, which has remained unchanged since 1989.
A Resolution of the CCSBT made at the meeting provides the flexibility to split the annual allocation over the two years to provide some flexibility for each nation to decide upon the speed of the reduction. Each member has until 15 November 2009 to advise how it will split its allocation over the two years.
The AFMA Commission met on 30 October 2009 and agreed to set a single total allowable catch (TAC) of 8,030 tonnes for the next two years, of which a maximum of 5,265 tonnes can be taken in the first year. This will be done by releasing the TAC in two instalments throughout the two year period. To achieve this AFMA will calculate two live weight values (the number of kilograms per SFR) during the two year season. These values and the dates they will come into effect are as follows:
- from 1 December 2009 at 0.98884 kilograms per SFR; and
- from 1 December 2010 at 0.519305 kilograms per SFR resulting in a total value of each SFR for the season to be 1.508145 kilograms.
This approach will enable operators to catch up to 5,265 tonnes in the first year for which they have geared their operations and allow them time to adjust their operations in the second year.
This means that in a practical sense industry can elect to take up to 5,265 tonnes in the period 1 December 2009 to 30 November 2010 noting however that the nominal quota is 4,015 tonnes and any take over this level will result in a smaller catch for the period 1 December 2010 to 30 November 2011. It will also provide the opportunity for those who have the flexibility to take some reduction in the coming year to offset a large reduction in 2011.
However, it ensures that the total national catch allocation of 8,030 tonnes determined by the CCSBT for the next two years will not be exceeded.
After 30 November 2011 the season will revert back to an annual season.
The Determination provides operators the flexibility as to the timing of adjustment for their own businesses.
Consultation
The Australian Government sought flexibility in the implementation of the CCSBT decision. There was limited opportunity to consult on the proposed arrangements in relation to the Determination given the need for the AFMA Commission, which met on 30 October 2009, to agree to an approach.
On 2 November 2009, following the AFMA Commission’s agreement to approach to provide industry with flexibility, AFMA wrote to all SFR holders advising them of the approach to be adopted. This was followed up by a port visit to Port Lincoln on 10 November 2009 to provide operators with a pre-season briefing.
Regulation Impact Statement
A Regulatory Impact Statement has been provided to the Office of Best Practice Regulation (OBPR).
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the name of the Determination to be 2009-2011 Southern Bluefin Tuna Australian National Catch Allocation Determination.
Paragraph 2
Paragraph 2 provides that the Determination commences on the day after registration in the Federal Register of Legislation Instruments.
Paragraph 3
Paragraph 3 provides that a term used in this Determination that is defined in the SBT Plan has the same meaning in this Determination as it has in the SBT Plan.
Paragraph 4
Paragraph 4 specifies Australia’s national catch allocation for the season which starts on 1 December 2009 and ends on 30 November 2011 as 8,030,000 kilograms.
Paragraph 5
Paragraph 5 specifies the calculation of the actual live weight value of a Statutory Fishing Right (SFR) in kilograms which will apply during the following two periods of the season:
- from 1 December 2009 at 0.98884 kilograms per SFR; and
- from 1 December 2010 at 0.519305 kilograms per SFR resulting in a total value of each SFR for the season to be 1.508145 kilograms.
Paragraph 6
Paragraph 6 specifies that a condition may be imposed by AFMA to be able to enforce the prohibition on the use of that part of the actual live weight value of 0.519305 kilograms per SFR applying to the SFR before 1 December 2010.