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 2017
The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2017 (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 presented to the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) in September 2016. 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 2017 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 2017.
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 2017 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.