Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015

Administered by Department of Agriculture

Legislation au F2015L00267 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Southern Bluefin Tuna Fishery Management Plan 1995

 

Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015

 

The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015 (the Determination) determines the amounts and percentages for overcatch and undercatch for the 2015 fishing season commencing on 1 December 2014 and ending on 30 November 2015.  Undercatch and overcatch provides for ‘carry over’ or ‘carry under’ of a small amount of end of season quota between fishing seasons thereby allowing fishers the flexibility to catch a certain amount of fish over or under their quota, and debit or credit this to or from the following season’s quota. 

 

Subsection 17(5) of the Fisheries Management Act 1991 (the FM Act) provides that a plan of management made under the FM Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular determinations for the purposes of attaining the objectives of the plan of management.

 

Subsection 17(6)(aa) of the FM Act provides that a plan of management may determine or provide for AFMA to determine the fishing capacity measured by that method or those methods permitted for the fishery or a part of the fishery in respect of a particular period or periods.

 

Subclause 9B.1 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) provides that AFMA may determine for a season the determined percentage, the determined amount and the determined additional weight in relation to overcatch.   

Subclause 9C.1 of the Plan provides that AFMA may determine for a season the determined percentage of undercatch.   

The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Fishery
 

Southern Bluefin Tuna (SBT) is a highly migratory species and is widely distributed throughout waters of the southern oceans, including the Australian Fishing Zone (AFZ).  The Australian Southern Bluefin Tuna Fishery encompasses SBT fishing operations inside the AFZ (i.e. adjacent from 3 to 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.

The SBT Fishery is primarily managed using Statutory Fishing Rights (SFRs) which allow holders to fish for SBT within the AFZ and the high seas.  The key areas where SBT is caught are the Great Australian Bight and to a lesser extent the west and east coasts of Australia. SBT are caught live and transferred from a tow cage into a farm where the fish are kept for an approximate 6 months grow out period. The transfer weighing is conducted at the time of transfer to determine the weight of fish transferred. This weight is used for quota decrementation purposes.

Consultation

 

Section 17 of the Legislative Instruments Act 2003 requires that the Commission be satisfied that any consultation that is considered to be appropriate and that is reasonably practicable to undertake has been undertaken. The undercatch/overcatch arrangements have been developed in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA) and the Department of Agriculture. Furthermore, the Determination is of a minor or machinery nature and that does not substantially alter existing arrangements.

The Commission’s Decision

The AFMA Commission determined the overcatch and undercatch percentages, amounts and additional weight at its meeting of 25/26 February 2015.  The Commission was satisfied that the percentages, amount and additional weight it determined were consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM Act and section 6 of the Fisheries Administration Act 1991.  Notwithstanding section 18(2)(a) of the Legislative Instruments Act 2003, the Commission was satisfied that appropriate and reasonably practicable consultation had been undertaken.

Regulation Impact Statement

The Office of Best Practice Regulation has previously advised that a Regulation Impact Statement is not required for a Determination of this nature, consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The AFMA Commission endorsed an assessment under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 


 

Details of the Determination are set out below:

Clause 1

Provides for the Determination to be cited as the Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015.

Clause 2

Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments.

Clause 3

Provides that the Determination ceases as if it was revoked on 1 December 2015 unless earlier revoked.

Clause 4

Provides that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act.

Clause 5

Determines the determined percentage, determined weight and determined additional weight for the purposes of subclause 9B.1 of the Plan (Overcatch), and the determined percentage for the purposes of subclause 9C.1 of the Plan (Undercatch) for the fishing season commencing on 1 December 2014 and ending on 30 November 2015.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015 was enacted to address the problem of overcatch and undercatch in the Southern Bluefin Tuna (SBT) fishery for the 2015 fishing season. The legislation was introduced by the Australian Fisheries Management Authority (AFMA) under the authority granted by the Fisheries Management Act 1991. The primary objective of the Determination is to provide flexibility to fishers by allowing a small amount of quota to be carried over or under from one fishing season to the next. This is intended to help manage the quota more effectively and ensure that the sustainability of the SBT fishery is maintained. The Determination was developed in consultation with the Australian Southern Bluefin Tuna Industry Association and the Department of Agriculture, and it is consistent with AFMA's statutory obligations to pursue sustainable management of fisheries resources.

Scope and Application

The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015 applies to entities and individuals involved in Southern Bluefin Tuna (SBT) fishing operations within the Australian Fishing Zone (AFZ) and on the high seas. This includes holders of Statutory Fishing Rights (SFRs) who are permitted to fish for SBT within these areas. The Determination is instrumental in managing the SBT fishery by setting the parameters for overcatch and undercatch, which allows for a certain flexibility in quota management between fishing seasons. The Determination is a legislative instrument under the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995, providing the Australian Fisheries Management Authority (AFMA) with the authority to set the specific percentages and weights for overcatch and undercatch for the 2015 fishing season. The Determination commences on the day after its registration on the Federal Register of Legislative Instruments and remains in effect until 1 December 2015, unless revoked earlier. The Determination does not require a Regulation Impact Statement as it has been classified as a minor or machinery nature regulation.

Key Provisions

The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2015 (sections 4-5) establishes the parameters for overcatch and undercatch for the 2015 fishing season, beginning on 1 December 2014 and ending on 30 November 2015. This legislation allows for a minor adjustment of quota between fishing seasons, enabling fishers to catch a certain amount of fish over or under their quota, which can then be credited or debited to the following season's quota. These provisions are critical for managing the fishery sustainably and providing flexibility to fishers. The Act imposes several obligations on the parties it governs. The Australian Fisheries Management Authority (AFMA) is tasked with determining the overcatch and undercatch percentages, amounts, and additional weights for each season (section 5). This determination must align with AFMA's statutory objectives outlined in section 3 of the Fisheries Management Act 1991 and section 6 of the Fisheries Administration Act 1991. Additionally, AFMA must ensure that any consultation undertaken is appropriate and reasonably practicable (section 17 of the Legislative Instruments Act 2003). The consultation for this Determination was conducted with the Australian Southern Bluefin Tuna Industry Association (ASBTIA) and the Department of Agriculture. Failure to comply with the provisions of this Determination can lead to various consequences. While specific offences are not detailed in the text, breaches of fishery management regulations generally can result in penalties. These penalties can include fines or other sanctions, depending on the severity of the breach. The maximum penalties for breaches of fisheries laws can vary, but they are designed to enforce compliance and protect the fishery's sustainability. The Determination, being of a minor or machinery nature, does not substantially alter existing arrangements, and thus, the penalties are aligned with the nature of these minor adjustments.

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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.