Southern Bluefin Tuna Fishery Transfer Weighing Determination 2013

Overview

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2013 was enacted to address the specific requirements outlined in the Southern Bluefin Tuna Management Plan 1995, under the Fisheries Management Act 1991. This Determination was introduced by the Australian Fisheries Management Authority (AFMA) to regulate the method of transfer weighing of Southern Bluefin Tuna from tow cages to farms, ensuring accurate weight measurements for quota management purposes. As Australia is a signatory to the Convention for the Conservation of Southern Bluefin Tuna, administered by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), this Determination aligns with international conservation and management measures. The primary policy objective is to enhance the statistical quality of the weight sample through the implementation of the 100 fish transfer weighing procedure until stereo video technology becomes fully automated. AFMA consulted the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) in the preparation of this Determination, incorporating their feedback to ensure the measure's effectiveness and compliance with existing management frameworks. The Determination is designed to operate until 30 November 2014, unless revoked earlier, and stipulates that transfer weighing must be conducted by AFMA or an authorised agent using the specified 100 fish sample method. This ensures the accuracy and reliability of the weight data used for quota decrementation, supporting sustainable management of the Southern Bluefin Tuna fishery.

Scope and Application

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2013 applies to operators within the Southern Bluefin Tuna (SBT) Fishery, which encompasses fishing operations within the Australian Fishing Zone and on the high seas, managed by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. Specifically, the Determination governs the manner in which the transfer weighing of Southern Bluefin Tuna must be carried out when an operator moves the fish from a tow cage to a farm, ensuring that this process adheres to the regulations set forth in the Southern Bluefin Tuna Management Plan 1995. This Determination is applicable to all operators involved in the SBT Fishery, ensuring consistency and compliance with the prescribed 100 fish sample method for transfer weighing. The geographic scope of this legislation extends throughout the waters of the southern oceans, including the Australian Fishing Zone, and is subject to the management responsibilities outlined in the Offshore Constitutional Settlement agreements. The Determination itself does not include specific exclusions but is subject to the overarching management and conservation measures set by the Convention for the Conservation of Southern Bluefin Tuna and the decisions of the Commission for the Conservation of Southern Bluefin Tuna. Any further details or modifications to the application of this Determination may be outlined in subordinate instruments or additional regulations issued by AFMA.

Key Provisions

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2013, under the Fisheries Management Act 1991, outlines specific requirements for the transfer of Southern Bluefin Tuna from tow cages to farms. The key provision (Clause 5) mandates that no transfer of fish from a tow cage to a farm can occur without a transfer weighing conducted by the Australian Fisheries Management Authority (AFMA) or an agent of AFMA. This weighing must follow the method specified in Clause 7, which involves a 100-fish sample method. This method was chosen to enhance the statistical accuracy of the sample used for quota decrementation. The Determination also specifies that a weighing qualifies as a transfer weighing only if it adheres to the requirements outlined in Clause 7. Under this Determination, operators of the Southern Bluefin Tuna fishery must ensure that any transfer of fish from a tow cage to a farm includes a transfer weighing procedure as specified. This requires operators to cooperate with AFMA or its agents in conducting the necessary weighing. Additionally, operators must maintain records of the transfer weighing process to comply with the provisions of the Southern Bluefin Tuna Management Plan 1995. This obligation ensures transparency and accountability in the management of the fishery, facilitating the tracking and management of fishing quotas. Breaches of the Southern Bluefin Tuna Fishery Transfer Weighing Determination 2013 may result in civil or criminal penalties, depending on the nature and severity of the violation. The specific penalties are not detailed in the Determination itself but would be governed by the overarching provisions of the Fisheries Management Act 1991. Typically, penalties for non-compliance could include fines and, in more severe cases, imprisonment. The exact penalties would be determined based on the circumstances of the breach, with the potential for substantial fines for corporate entities and lesser fines for individual operators.