Southern Bluefin Tuna Fishery Transfer Weighing Determination 2018

Administered by Department of Agriculture

Legislation au F2017L01437 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 Transfer Weighing Determination 2018

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2018 (the Determination) is a legislative instrument for the purposes of the Legislation 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 2018 fishing season.

Regulation Impact Statement

The Office of Best Practice Regulation has previously identified that decisions by AFMA including on setting total allowable catch (TAC); setting opening and closing dates for a fishing season; and setting undercatch and overcatch provisions in a fishery, do not require a Regulation Impact Statement. Such decisions are considered to be machinery in nature and are included in an approved carve-out (OBPR reference no. 14421) reflecting where AFMA is required to make decisions under current regulatory settings and follow certain procedures when making those decisions.

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 2018.

Clause 2 provides that the Determination commences on 1 December 2017.

Clause 3 provides that the Determination is repealed on 1 December 2018 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 2018 was enacted to address the need for a standardised method for determining the weight of Southern Bluefin Tuna when transferred from a tow cage to a farm, as required by the Southern Bluefin Tuna Fishery Management Plan 1995 under the Fisheries Management Act 1991. This legislation was enacted by the Australian Fisheries Management Authority (AFMA) to ensure compliance with the management plan and to facilitate accurate quota management. The determination specifies that a transfer weighing must be conducted by AFMA or an authorised agent using the 100 fish sample method. This approach was chosen after consultations with relevant stakeholders and advisory committees, who supported the continuation of this method for its practicality and cost-effectiveness. The determination aims to maintain effective management and conservation of the Southern Bluefin Tuna stock, aligning with Australia's commitments under the Convention for the Conservation of Southern Bluefin Tuna.

Scope and Application

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2018 applies to the management and regulation of the Southern Bluefin Tuna (SBT) fishery within Australia's Fishing Zone and the high seas, overseen by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Determination specifically governs the transfer weighing of Southern Bluefin Tuna when moving them from tow cages to farms, ensuring that the transfer weighing process adheres to the prescribed 100 fish sample method. The Determination applies to any operators involved in the transfer of SBT from tow cages to farms, which are primarily engaged in the SBT fishery within the Australian Fishing Zone, as well as on the high seas, excluding New South Wales waters which are managed by the State. This regulatory approach ensures that the weight of fish transferred is accurately determined for quota purposes, thereby supporting the effective management of the fishery. The Determination is in force from 1 December 2017 until 1 December 2018, unless earlier revoked, and mandates consultation with the Southern Bluefin Tuna Management Advisory Committee as required under the Southern Bluefin Tuna Management Plan 1995.

Key Provisions

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2018 provides the specific method for conducting the transfer weighing of Southern Bluefin Tuna when they are transferred from a tow cage to a farm (Clause 5, 7). According to Clause 5, the transfer weighing must be carried out by the Australian Fisheries Management Authority (AFMA) or an agent of AFMA, using the method specified in Clause 7. The method involves taking a sample of 100 fish to determine their weight, which is then used for quota decrementation purposes. This ensures that the weight of the fish transferred is accurately recorded and managed. The Determination imposes specific obligations on operators within the Southern Bluefin Tuna Fishery. They must ensure that a transfer weighing is conducted by AFMA or an agent of AFMA when transferring Southern Bluefin Tuna from a tow cage to a farm, using the specified 100 fish sample method (Clause 5). This requirement is crucial for maintaining the integrity of the quota system and ensuring sustainable management of the fishery. Failure to comply with this obligation could result in inaccurate quota records, potentially leading to overfishing and undermining conservation efforts. Breaches of the provisions under the Southern Bluefin Tuna Fishery Transfer Weighing Determination 2018 can result in civil and criminal consequences. Specifically, operators who fail to comply with the transfer weighing requirements may face penalties as stipulated under the Fisheries Management Act 1991. Although the exact penalties are not detailed within the Determination, they can include fines and other sanctions that reflect the seriousness of the non-compliance. The consequences of non-compliance can also extend to the potential for legal action by AFMA, which could further escalate the penalties and sanctions imposed. The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2018 is designed to ensure that the transfer weighing of Southern Bluefin Tuna is carried out in a consistent and accurate manner, supporting the broader objectives of sustainable fisheries management. By mandating the use of the 100 fish sample method, the Determination aims to provide reliable data for quota management, which is essential for the conservation of this highly migratory species. Compliance with this Determination is therefore critical for the effective regulation of the fishery and the protection of the Southern Bluefin Tuna population.

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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.