Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2022

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L01604 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 2022

 

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2022 (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 per cent of Australia’s annual CCSBT allocation will be available to the commercial sector.

The commercial SBT Fishery is managed using Statutory Fishing Rights (SFRs) that 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 six 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. In October 2021, the Southern Bluefin Tuna Management Advisory Committee, consisting of representatives from the SBT industry, the recreational sector, the South Australian state government and Department of Agriculture, Water and the Environment, considered out of session the recommendation that the 100 fish sample methodology be used for quota decrementation purposes in the farming sector of the fishery for the 2022 fishing season and agreed with that recommendation.

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 2022.

Clause 2 provides that the Determination commences on 1 December 2021.

Clause 3 provides that the Determination ceases on 1 December 2022.

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 2022 was enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This legislation was introduced to address the need for a consistent and accurate method of determining the weight of Southern Bluefin Tuna during their transfer from tow cages to farms, which is a critical step in managing the fishery's quota. The policy objective of the Determination is to ensure that the transfer weighing of live Southern Bluefin Tuna is conducted in a manner that is compliant with the Southern Bluefin Tuna Management Plan 1995, while also considering the recommendations of the Southern Bluefin Tuna Management Advisory Committee and the need for a reliable quota decrementation process. This Determination, which is in force from 1 December 2021 until 1 December 2022, is intended to maintain the integrity of the fishery's management by providing clear guidelines on the transfer weighing procedure.

Scope and Application

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2022 applies to the management of the Southern Bluefin Tuna (SBT) fishery within the Australian Fishing Zone (AFZ) and on the high seas, as governed by the Fisheries Management Act 1991 and the Southern Bluefin Tuna Fishery Management Plan 1995. Specifically, the Determination governs the procedure for transfer weighing, which is the process of determining the weight of live fish transferred from a tow cage to a farm for the purpose of quota decrementation. The Determination applies to operators involved in the commercial SBT fishery who are required to transfer fish using the specified weighing method. This regulation extends to the Commonwealth, in line with the Offshore Constitutional Settlement agreement, which assigns the management of the SBT fishery in the AFZ to the Australian Fisheries Management Authority (AFMA). Notably, the Determination does not cover recreational fishing activities, which are managed by the relevant state and territory governments. The Determination is in effect from 1 December 2021 to 1 December 2022, and any further amendments or extensions to its application would need to be addressed through subordinate instruments under the Fisheries Management Act 1991.

Key Provisions

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2022 (Clause 6) specifies the manner in which transfer weighing must be conducted when operators move Southern Bluefin Tuna (SBT) from a tow cage to a farm, as required by subsection 22B.2 of the Southern Bluefin Tuna Management Plan 1995. This determination is critical for ensuring that the weight of the live fish transferred is accurately measured for quota decrementation purposes. The determination was made under the authority provided by subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Act), which allows for the management of fishing capacity through plans or by AFMA. The Determination is effective from 1 December 2021 and will cease on 1 December 2022, as outlined in Clauses 2 and 3 respectively. The Determination imposes specific obligations on operators of the Southern Bluefin Tuna fishery. Primarily, it mandates that the transfer weighing process must be conducted in a manner consistent with the guidelines set forth in the Determination. This includes ensuring that the weight of the live fish is accurately recorded at the time of transfer from a tow cage to a farm. This recorded weight is crucial for decrementing the quota, ensuring that the total allowable catch is managed effectively. Operators must adhere to the prescribed methodology to avoid discrepancies in quota calculations, which could have broader implications for fishery management. Failure to comply with the provisions of the Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2022 could lead to several consequences. While the Determination does not explicitly list specific offences or penalties, breaches of fishery management plans or determinations under the Fisheries Management Act 1991 can result in civil and criminal penalties. For example, non-compliance with a management plan can lead to fines, imprisonment, or both, depending on the severity and frequency of the breach. Operators found to be in breach may face significant financial penalties and could also have their fishing rights or licenses revoked, impacting their ability to continue operating in the fishery. The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2022 is a critical piece of legislation that ensures the accurate measurement of fish weights for quota purposes. By clearly outlining the requirements for transfer weighing, it helps maintain the integrity of the fishery's management system. The obligations placed on operators are designed to prevent discrepancies in quota decrementation, ensuring that the fishery remains sustainable. While specific penalties for breaching this Determination are not detailed, the potential for severe consequences underscores the importance of compliance.

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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.