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 2017
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 Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2017 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Determination determines the amounts and percentages for overcatch and undercatch for the 2017 fishing season commencing on 1 December 2016 and ending on 30 November 2017. 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.
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 verified count is conducted at the time of transfer to determine the weight of fish transferred. This weight is used for quota decrementation purposes.
Consultation
The undercatch/overcatch arrangements have been developed in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA) and the Department of Agriculture.
The Commission’s Decision
The AFMA Commission determined the overcatch and undercatch percentages, amounts and additional weight at its meeting of 26 -27 October 2016. 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.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination 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
AFMA assesses 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 2017. |
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 2017 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 2016 and ending on 30 November 2017. |
Overview
The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2017 was enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991 to address the issue of managing the overcatch and undercatch of Southern Bluefin Tuna (SBT) within the Australian Fishing Zone (AFZ) and on the high seas. This legislative instrument provides specific percentages and amounts for overcatch and undercatch for the 2017 fishing season, allowing for flexibility in quota management between seasons. The determination was made in consultation with the Australian Southern Bluefin Tuna Industry Association and the Department of Agriculture, aligning with AFMA's statutory objectives and ensuring compatibility with human rights as assessed by AFMA under the Human Rights (Parliamentary Scrutiny) Act 2011. The policy objective is to facilitate sustainable management of the SBT Fishery through effective quota management, balancing conservation and industry needs.
Scope and Application
The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2017 applies to the management of Southern Bluefin Tuna (SBT) fishing within the Australian Fishing Zone and on the high seas, specifically for the fishing season beginning on 1 December 2016 and ending on 30 November 2017. The legislation pertains to entities and individuals who hold Statutory Fishing Rights (SFRs) for SBT, allowing them to fish within the specified areas. These rights permit fishing operations within the Australian Fishing Zone and on the high seas, primarily in the Great Australian Bight and along the west and east coasts of Australia. The primary purpose of this determination is to set the overcatch and undercatch percentages, amounts, and additional weight, thereby managing the quota for SBT fishing more flexibly by allowing a small amount of quota to be carried over or under between fishing seasons. This approach provides fishers with the flexibility to adjust their catch within specified limits, which aids in quota management and sustainability.
The jurisdictional reach of this Determination is national, governed by the Commonwealth through the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. The determination was made in consultation with the Australian Southern Bluefin Tuna Industry Association (ASBTIA) and the Department of Agriculture. The Determination does not require a Regulation Impact Statement as it was deemed to be of a minor or machinery nature. Furthermore, AFMA has assessed that the Determination is compatible with human rights, as evidenced by the Statement of Compatibility prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Determination provides specific percentages, amounts, and additional weights for overcatch and undercatch, facilitating the management of the fishery for the specified season.
Key Provisions
The Southern Bluefin Tuna Fishery Overcatch and Undercatch Determination 2017 sets out the parameters for overcatch and undercatch during the 2017 fishing season, beginning 1 December 2016 and ending 30 November 2017. This Determination is grounded in section 17(5) of the Fisheries Management Act 1991 (FM Act), which allows for management plans to include provisions for the Australian Fisheries Management Authority (AFMA) to make specific determinations to achieve the plan's objectives. The Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) further authorises AFMA to determine the fishing capacity and percentages for overcatch and undercatch (subclauses 9B.1 and 9C.1). The Determination specifies the exact percentages, amounts, and additional weight for overcatch and undercatch, which allows for a small amount of quota to be carried over or under between fishing seasons, providing flexibility for fishers.
Under the obligations imposed by this Determination, AFMA must ensure that the specified percentages and amounts for overcatch and undercatch are adhered to by all participants in the Southern Bluefin Tuna Fishery. The Determination requires that fishers comply with the set limits to maintain the balance and sustainability of the fishery. AFMA must also ensure that the quotas are accurately monitored and recorded, and that any carryover or under-utilisation of quota is correctly accounted for in subsequent fishing seasons. Compliance with these provisions is essential to achieving the overarching objectives of the FM Act and the Fishery Management Plan, which include sustainable management of fisheries resources and the equitable distribution of fishing opportunities.
Failure to comply with the provisions of this Determination can result in several consequences. The FM Act outlines penalties for non-compliance, which can include fines and other sanctions. The exact penalties are determined by the seriousness of the breach and may vary depending on whether the breach is considered minor, serious, or egregious. For instance, minor breaches might incur a fine up to a specified amount, while more serious breaches could result in higher fines or even criminal charges. Additionally, persistent non-compliance can lead to the suspension or revocation of fishing licences, thereby impacting the livelihood of the fishers involved. It is crucial for all stakeholders to adhere to the regulations to avoid these potential repercussions.