Southern Bluefin Tuna Fishery Management Plan 1995 - Southern Bluefin Tuna Fishery Fishing Season and Australia's National Catch Allocation Determination 2013-14

Administered by Department of Agriculture

Legislation au F2013L01849 Not in force Legislative Instrument

Legislation content

Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014

as amended

made under section 17(6)(aa) of the

Fisheries Management Act 1991

and Subclause 3.1 and Subclause 17.2 of the

Southern Bluefin Tuna Fishery Management Plan 1995

Compilation start date:  6 November 2014

Includes amendments up to: Southern Bluefin Tuna Fishery Australia’s National Catch Allocation (Amendment) Determination 2014

 

About this compilation

This compilation

This is a compilation of the Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014 as in force on 6 November 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 12 November 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

 

DETERMINATION OF FISHING CAPACITY

 

Fisheries Management Act 1991

Section 17(6)(aa)

Southern Bluefin Tuna Fishery Management Plan 1995

Subclause 3.1 and Subclause 17.2

 

SOUTHERN BLUEFIN TUNA FISHERY FISHING SEASON AND AUSTRALIA’S NATIONAL CATCH ALLOCATION DETERMINATION 2013-14

 

                                                                             

 

Citation

1. This Determination may be cited as the Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-14.

 

Commencement

2. This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

Cessation

3. This Determination ceases as if it was revoked on 1 December 2015 unless earlier revoked. 

Interpretation

4. A term used in this Determination that is defined for the purposes of the Southern Bluefin Tuna Fishery Management Plan 1995 has the same meaning in this Determination as it has in that Plan.

Notes: 1. Terms defined in the Fisheries Management Act 1991 have the same meanings in this determination.

Determination of the fishing season

5. The fishing season in the Southern Bluefin Tuna Fishery is the period starting on 1 December in a year and ending on 30 November in the following year.

 

Revocation of previous Determination

7. This Determination revokes the 2012-13 Southern Bluefin Tuna Australia’s National Catch Allocation Determination with effect from the commencement of this Determination.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = legislative instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

 

 /sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

Southern Bluefin Tuna Fishery Season and Australia's National Catch Allocation Determination 2013-14

29 Oct 2013

F2013L01849

30 Oct 2013

 

Southern Bluefin Tuna Fishery Australia's National Catch Allocation (Amendment) Determination 2014

5 Nov 2014

F2014L01482

6 Nov 2014

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

S. 6

rep. F2014L01482

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

 

 

 

 

Overview

The Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014 was enacted under section 17(6)(aa) of the Fisheries Management Act 1991, aiming to establish the fishing season and national catch allocation for the Southern Bluefin Tuna Fishery during the specified period. This legislative instrument was made by the relevant authority, as prescribed in Subclause 3.1 and Subclause 17.2 of the Southern Bluefin Tuna Fishery Management Plan 1995. The primary objective of this determination was to manage the fishing activities in a structured manner, ensuring sustainability and compliance with national and international regulations. This legislation was necessary to fill the gap left by the previous year's regulations, providing updated allocations and seasonal boundaries to address the evolving challenges in the fishery sector.

Scope and Application

The Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014 applies to the regulation of fishing activities within the Southern Bluefin Tuna fishery, specifically governing the fishing season and Australia's national catch allocation for the specified period. This legislative instrument operates under the authority of the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995. It is applicable to all entities and individuals engaged in fishing activities within the Southern Bluefin Tuna fishery, ensuring compliance with the specified fishing season and catch allocation. The determination sets the fishing season from 1 December to 30 November of the following year, thereby controlling the timing and volume of fishing operations. The geographic scope of this legislation is confined to Australian waters, ensuring that all fishing activities within this jurisdiction adhere to the national catch allocation determined by this act. Any exclusions or exemptions are not explicitly stated within the text, and the determination is subject to revocation on 1 December 2015 unless earlier revoked. The application of this act may be further defined or restricted through subordinate instruments, although specific details are not provided in the text.

Key Provisions

The Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014 (the "Determination") sets out the fishing season for the Southern Bluefin Tuna Fishery and the national catch allocation for the specified period. According to Section 5 of the Determination, the fishing season is defined as the period beginning on 1 December of a given year and ending on 30 November of the following year. This period is critical for the management and sustainability of the Southern Bluefin Tuna stock. The Determination also revokes the previous 2012-13 Southern Bluefin Tuna Australia’s National Catch Allocation Determination, effective from the commencement of this Determination (Section 7). The Determination imposes specific obligations on parties involved in the fishery, primarily ensuring that fishing activities are conducted within the prescribed season. It mandates adherence to the national catch allocation limits, which are essential for maintaining the sustainability of the tuna stock. Compliance with these provisions is crucial for all stakeholders, including fishing operators, to avoid penalties or legal repercussions. Breaches of the provisions outlined in the Determination may lead to significant consequences. Under the Fisheries Management Act 1991, unauthorised fishing activities or exceeding the allocated catch limits could result in offences. The potential penalties for such violations may include substantial fines or imprisonment, depending on the severity of the breach. The exact penalties are prescribed under the relevant sections of the Fisheries Management Act 1991, which can impose fines up to a certain amount and imprisonment for a specified duration. Additionally, the Southern Bluefin Tuna Fishery Management Plan 1995 provides a framework for the management of the fishery, including enforcement mechanisms to ensure compliance with the Determination. The Plan also includes provisions for the revocation or amendment of the Determination as necessary, to adapt to changing circumstances or new scientific data regarding the tuna stock. In summary, the Southern Bluefin Tuna Fishery Fishing Season and Australia’s National Catch Allocation Determination 2013-2014 sets a clear framework for the sustainable management of the Southern Bluefin Tuna fishery, with strict obligations and significant penalties for non-compliance.

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Environmental Law
Instrument
Legislative Instrument
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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.