Southern Bluefin Tuna Fishery Transfer Weighing Determination 2015

Administered by Department of Agriculture

Legislation au F2015L02018 Not in force Legislative Instrument

Legislation content

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 Transfer Weighing Determination 2015

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2015 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Southern Bluefin Tuna Management Plan 1995 (the Plan) is in force under section 17 of the Fisheries Management Act 1991. 

Subclause 22B.2 of the Plan requires the Australian Fisheries Management Authority (AFMA) to determine the manner in which the ‘transfer weighing’ of Southern Bluefin Tuna is to be carried out.

The Determination determines the manner in which the transfer weighing is to be carried out when an operator transfers Southern Bluefin Tuna from a tow cage to a farm.

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 form a two cage into a farm where the fish are kept for an approximate 6 month grow 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.

Background

Australia is a signatory to the Convention for the Conservation of Southern Bluefin Tuna, which is administered by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). CCSBT make decisions relevant to the Australian domestic management of the SBT Fishery.  In accordance with the Resolution to Ensure Compliance with Conservation and Management Measures, Australia conducted a commercial trial of stereo video technology covering 10% of the catch in the 2011 season.

Subsequent to the trial the Australian Government announced, to the CCSBT, that Australia will wait until stereo video technology is cost effective, automated and commercially viable before it is implemented. Until this time, the AFMA Commission agreed to increase the number of fish included in the weight sample from 40 to 100.

The Determination includes provisions for the 100 fish transfer weighing procedure only.

 

Consultation

Subclause 22B.2A of the Plan requires that AFMA must consult the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) before making a determination under subclause 22B.2 of the Plan. A paper outlining the 100 fish sample methodology was circulated to the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) in November 2015. Members supported the proposed determination. 

The Australian Southern Bluefin Tuna Industry Association is supportive of the continuation of the 100 fish sample methodology for the 2015/16 fishing season.

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 that the Determination may be cited as the Southern Bluefin Tuna Fishery Transfer Weighing Determination 2015.

Clause 2 provides that the Determination commences on the day after registration on the Federal Register of Legislation Instruments.

Clause 3 provides that the Determination is repealed on 30 November 2016 unless earlier revoked.

Clause 4 provides that a term used in this Determination that is defined in the Plan has the same meaning in this Determination as it has in the Plan.

Clause 5 specifies that Southern Bluefin Tuna must not be transferred from a tow cage to a farm without a transfer weighing of the fish being conducted by AFMA or an Agent of AFMA, using the method (specified in clause 7) directed by AFMA or an Agent of AFMA.

Clause 6    provides that a weighing is a transfer weighing only if it meets the requirements of clause 7.

Clause 7   specifies the method of conducting a transfer weighing using the 100 fish sample method. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2015 was enacted to address the procedural requirements for weighing Southern Bluefin Tuna during their transfer from a tow cage to a farm, as mandated by the Southern Bluefin Tuna Fishery Management Plan 1995 under the Fisheries Management Act 1991. This legislation was introduced by the Australian Fisheries Management Authority (AFMA) to ensure compliance with the statutory obligations outlined in the Plan. The primary policy objective of this Determination is to establish a consistent and regulated method for the transfer weighing of Southern Bluefin Tuna, thereby facilitating accurate quota decrementation and maintaining the integrity of the fishery management system. This Determination specifies the 100 fish sample methodology, pending the cost-effective implementation of stereo video technology, and has been supported by the Southern Bluefin Tuna Management Advisory Committee and the industry. The Determination is set to be repealed on 30 November 2016 unless earlier revoked.

Scope and Application

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2015 applies to the transfer of Southern Bluefin Tuna from tow cages to farms within the Australian Southern Bluefin Tuna Fishery. This encompasses the operations within the Australian Fishing Zone and on the high seas, where the Commonwealth has jurisdiction under the Offshore Constitutional Settlement agreements. This legislative instrument is made pursuant to the Southern Bluefin Tuna Management Plan 1995 under section 17 of the Fisheries Management Act 1991, and it is applicable to any operator involved in the transfer of Southern Bluefin Tuna. The Determination specifies that a transfer weighing of the fish must be conducted by the Australian Fisheries Management Authority or an agent of AFMA using the 100 fish sample method as directed. The Determination operates nationally within Australia’s jurisdiction over the fishery, including both Commonwealth and state waters up to the low water mark. The determination is set to be repealed on 30 November 2016 unless earlier revoked, and it is compatible with human rights as assessed by AFMA.

Key Provisions

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2015 (clauses 1 to 7) outlines the procedures for conducting the transfer weighing of Southern Bluefin Tuna (SBT) when transferring fish from a tow cage to a farm. According to clause 5, a transfer weighing must be conducted by the Australian Fisheries Management Authority (AFMA) or an agent of AFMA, using the method specified in clause 7. Clause 6 defines that a weighing is considered a transfer weighing only if it meets the requirements of clause 7, which specifies the 100 fish sample method. This method involves selecting a sample of 100 fish from the transfer batch, weighing them, and using the average weight of this sample to determine the total weight of the fish transferred for quota purposes. This method was determined to be more accurate and cost-effective than previous methods, and it was agreed upon after consultation with the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) and the Australian Southern Bluefin Tuna Industry Association. Operators within the Southern Bluefin Tuna Fishery are required to comply with the provisions of the Determination, ensuring that a transfer weighing is conducted when transferring SBT from a tow cage to a farm. This includes adhering to the 100 fish sample method specified in clause 7, which involves the random selection and weighing of 100 fish from the transfer batch. The results of this sample are then used to calculate the total weight of the fish transferred, which is necessary for quota decrementation purposes. Operators must also ensure that the transfer weighing is conducted by AFMA or an agent of AFMA, as per clause 5. There are no specific offences or penalties outlined in the Determination for non-compliance with the transfer weighing requirements. However, non-compliance with the Southern Bluefin Tuna Management Plan 1995 or other relevant legislation may result in civil or criminal penalties. For example, under the Fisheries Management Act 1991, an operator may be subject to fines or imprisonment for offences such as unauthorised fishing, exceeding a quota, or providing false or misleading information. Additionally, operators who fail to comply with the Determination may face administrative actions, such as the suspension or revocation of their fishing rights, by AFMA.

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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.