Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L01454 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 2021

 

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2021 (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). Internationally the fishery is managed by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) of which Australia is a member.  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 Plan was amended in 2020 to implement the Government’s commitment to set aside five per cent of Australia’s CCSBT allocation for recreational fishing mortality. The set aside means that up to 95% of Australia’s annual CCSBT allocation will be available to the commercial sector.

The commercial SBT Fishery is managed using Statutory Fishing Rights (SFRs) which allow holders to fish for SBT within the AFZ and the high seas. The majority of SBT are caught in offshore waters adjacent to Kangaroo Island, South Australia. The fish are caught live and transferred from a tow cage into a farm where the fish are kept for an approximate 6 months grow out period. The transfer weighing is conducted at the time of transfer to determine the weight of live fish transferred. This weight is used for quota decrementation purposes. The remainder of the total allowable catch is taken using longline methods, predominantly off south eastern Australia during the winter months. These fish are landed dead and weighed on registered scales. This weight is used for quota decrementation purposes. The recreational sector continues to be managed by the relevant states using bag and size limits.

Consultation

The 100 fish sample has been used as the basis for calculating quota in the farm sector of the fishery since 2013. The government has committed to investigating new technologies for potential improvements to the current protocols, however, to date none have been identified that meet the preconditions agreed between industry and government.  The Australian Southern Bluefin Tuna Industry Association is supportive of the continuation of the 100 fish sample methodology for the 2020 fishing season.

Regulation Impact Statement

The Office of Best Practice Regulation has previously identified that decisions by AFMA including the setting of a 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 2021.

Clause 2 provides that the Determination commences on 1 December 2020.

Clause 3 provides that the Determination ceases on 1 December 2021.

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 2021 was enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991 to address the need for a consistent and regulated method for determining the weight of Southern Bluefin Tuna (SBT) during the transfer from tow cages to farms. This determination is critical for ensuring the accurate calculation of quota decrementation within the fishery, which is a significant aspect of the management and sustainability of the SBT fishery. The policy objective behind this determination is to provide clear guidelines for the transfer weighing process, thereby maintaining the integrity of the fishery management system and supporting the overall sustainability of the SBT population. This legislative instrument operates under the Southern Bluefin Tuna Management Plan 1995, which mandates AFMA to specify the procedures for the transfer weighing of SBT. The determination reflects the commitment of the Australian government to managing the SBT fishery in a manner that balances the needs of the commercial sector with the conservation of the species, aligning with broader international efforts coordinated by the Commission for the Conservation of Southern Bluefin Tuna.

Scope and Application

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2021 applies to the process of transferring weighing for Southern Bluefin Tuna in the context of the Southern Bluefin Tuna Fishery, specifically when transferring tuna from a tow cage to a farm. The Determination is a legislative instrument made under the Fisheries Management Act 1991 and the Southern Bluefin Tuna Management Plan 1995, and it outlines the method by which the transfer weighing must be conducted. This Determination operates within the jurisdictional reach of the Commonwealth, given that the management of the Southern Bluefin Tuna fishery within the Australian Fishing Zone and on the high seas falls under the purview of the Australian Fisheries Management Authority (AFMA). The Determination is applicable to entities and individuals involved in the commercial fishing of Southern Bluefin Tuna, particularly those transferring tuna from tow cages to farms for grow-out purposes. It does not explicitly exclude any specific groups or activities but is designed to regulate and standardise the transfer weighing procedure in compliance with the overarching fishery management plan. The Determination operates from 1 December 2020 to 1 December 2021 and may be subject to review or amendment through subordinate instruments as deemed necessary by AFMA.

Key Provisions

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2021 (the Determination) sets out the specific requirements and procedures for the transfer weighing of Southern Bluefin Tuna (SBT) during the transfer process from tow cages to farms. This is in line with subsection 22B.2 of the Southern Bluefin Tuna Management Plan 1995 (the Plan), which requires the Australian Fisheries Management Authority (AFMA) to establish the methodology for such transfer weighing. According to clause 6 of the Determination, the weight of the live fish must be measured at the time of transfer, and this weight is then used for quota decrementation purposes. This clause is crucial as it ensures that the quota system accurately reflects the amount of fish transferred, thereby maintaining the integrity of the fishery management system. The Determination imposes several obligations on the parties involved in the SBT fishery. Firstly, operators must ensure that the transfer weighing is conducted in accordance with the specified methodology as outlined in clause 6 of the Determination. This includes maintaining records of the weights of the fish transferred, which must be reported to AFMA. The operators are also required to comply with any additional instructions or guidelines provided by AFMA to ensure that the transfer weighing process is carried out correctly. Furthermore, AFMA is responsible for overseeing the implementation of these provisions and may conduct audits or inspections to verify compliance. Breaches of the provisions set out in the Determination can lead to various consequences, including civil and criminal penalties. Under the Fisheries Management Act 1991, operators found to be non-compliant with the transfer weighing requirements may face fines and other sanctions. The maximum penalties can vary, but they are intended to enforce compliance and deter non-compliance. Additionally, persistent or severe breaches could result in the suspension or revocation of fishing rights, thereby impacting the operator's ability to participate in the fishery. It is important for operators to understand and adhere to these requirements to avoid the potential legal and financial repercussions.

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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.