Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2018

Administered by Department of Agriculture

Legislation au F2018L01556 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 (the Act). 

Subsection 17(6)(aa) of the 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.

Subsection 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

Subsection 22B.2A of the Plan requires that AFMA must consult the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) before making a determination under subsection 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 2019 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 2018.

Clause 3 provides that the Determination is repealed on 1 December 2019 unless earlier revoked.

Clause 4 provides that the Determination is made pursuant to paragraph 17(6)(aa) of the Act under subsection 22B.2 of the Plan.

Clause 5 provides that a term used in the Determination that is defined in the Plan has the same meaning in the Determination as it has in the Plan

Clause 6 determines the manner in which transfer weighing is to be carried out for the purpose of subsection 22B.2 of the Plan.  


 

Overview

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2018 was enacted to address the need for a standardised and effective method for determining the weight of Southern Bluefin Tuna when transferred from tow cages to farms within the Australian Fisheries Management Authority's (AFMA) jurisdiction. This legislation is an instrument under the Legislation Act 2003, and it provides specific guidelines to ensure accurate weight measurements, which are crucial for quota management and compliance with conservation measures. The Fisheries Management Act 1991 empowers AFMA to establish such determinations, with the policy objective of enhancing the sustainable management of the Southern Bluefin Tuna fishery, aligning with international conservation efforts and national fishery policies. The determination was developed following consultation with the Southern Bluefin Tuna Management Advisory Committee and is intended to be in force from 1 December 2018 until 1 December 2019, unless revoked earlier.

Scope and Application

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2018 applies to operators engaged in the transfer weighing of Southern Bluefin Tuna (SBT) within the Australian Southern Bluefin Tuna Fishery. This legislation falls under the purview of the Australian Fisheries Management Authority (AFMA), as stipulated by the Fisheries Management Act 1991. The jurisdictional reach of the Determination is national, extending across the Australian Fishing Zone (AFZ) and the high seas where SBT is caught, with the Commonwealth managing the fishery under the Offshore Constitutional Settlement agreements. The Determination specifies the method of transfer weighing for operators transferring SBT from tow cages to farms, ensuring the weight of the fish is accurately recorded for quota purposes. This regulation does not extend to other species or fisheries outside the SBT Fishery, and it operates within the broader framework of the Southern Bluefin Tuna Management Plan 1995. The determination is effective from 1 December 2018 until 1 December 2019 unless revoked earlier, reflecting the temporary nature of the specified transfer weighing procedure pending the development of more efficient technologies.

Key Provisions

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2018 (the Determination) outlines specific procedures for the transfer weighing of Southern Bluefin Tuna (SBT). According to clause 6, the determination specifies the manner in which SBT are to be weighed when they are transferred from a tow cage to a farm, ensuring that the weight of the fish is accurately recorded for quota purposes. This process is critical as it directly impacts the management and sustainability of the fishery by ensuring that the catch is properly accounted for under the quotas established under the Southern Bluefin Tuna Management Plan 1995 (the Plan). The Determination also references clause 5, which ensures consistency in terminology by aligning the definitions used in the Determination with those in the Plan. The Determination imposes specific obligations on operators within the SBT fishery. According to clause 6, operators must adhere to the prescribed method of transfer weighing as determined by the Australian Fisheries Management Authority (AFMA). This includes ensuring that a sample of 100 fish is weighed during each transfer to the farm, which is a procedural requirement established under the Plan. Operators are also required to maintain accurate records of these weighings, as these records are essential for monitoring compliance with the quotas and for the effective management of the fishery. AFMA’s role is to oversee the implementation of these procedures and ensure that all operators comply with the specified methods. Failure to comply with the provisions of the Determination can result in serious consequences. While the specific penalties are not detailed in the Determination, it is understood that non-compliance with fishery management regulations can lead to enforcement actions under the Fisheries Management Act 1991 (the Act). Such actions may include fines, penalties, and other enforcement measures that are designed to ensure adherence to the management plan. The seriousness of these penalties underscores the importance of accurate and compliant transfer weighing practices for the sustainability of the SBT fishery. By enforcing these regulations, AFMA aims to maintain the integrity of the fishery management system and protect the long-term health of the Southern Bluefin Tuna population.

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