Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2022L01482 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 2023

 

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003.

The Southern Bluefin Tuna Management Plan 1995 (the Plan) is made 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 pontoon 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 fishing for SBT 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 (SBT 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) arrangement 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 using the purse seine method and transferred from a tow pontoon 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 SBT Fishery since 2013.

Subsection 22B.1 of the Plan stipulates Southern bluefin tuna must not be transferred from a tow pontoon to a farm without a transfer weighing of the fish, carried out as determined by AFMA.

Subsection 22B.2 of Plan further stipulates AFMA must determine the manner in which the transfer weighing is to be carried out.  Subsection 22B.2B says the determination must set out requirements for ascertaining: (a) the number of fish transferred; and (b) the average weight of fish transferred.

With regard to consultation requirements, subsection 22B requires before making a determination, AFMA must consult the Southern Bluefin Tuna Management Advisory Committee (SBTMAC).

In 2022 the Australian Southern Bluefin Tuna Industry Association requested that the weight threshold used in the transfer weighing procedure (currently 10kg) was unduly penalising industry and requested it be reviewed. SBTMAC considered this request at its September 2022 meeting. Subsequent to that meeting the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) provided further analysis of the impacts of the current rule. SBTMAC considered this analysis and unanimously agreed to recommend to the AFMA Commission that the transfer weighing procedure, for the season starting 1 December 2022, specifies a 100 fish sample with a weight threshold of 8kg and a cap of 150 fish. The Commission endorsed this recommendation and determined the transfer weighing as set out in the Determination at its 9-10 November 2022 meeting.

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 at Attachment B. 

Details of the Determination are set out at Attachment A.


ATTACHMENT A

Details of the Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023

Section 1

Provides that the name of the Determination is the Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023.

Section 2

Provides that the Determination commences on 1 December 2022.

Section 3

Provides that the Determination ceases on 1 December 2023.

Section 4

Provides that the Determination is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 and under subsection 22B.2 of the Southern Bluefin Tuna Management Plan 1995 (the Plan).

Section 5

Provide definitions for the Determination.

Note 1 explains a number of expressions used in the Determination are defined in the definitions section of the Plan, including farm representative.

farm representative means, in relation to a farm, the holder, or a person acting for the holder, of the fish receiver permit for the farm.

Section 6

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

 

 

 

 

 

 

 

 

 

 


ATTACHMENT B

 

Overview

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023, enacted under the Fisheries Management Act 1991, was introduced to address specific procedural concerns within the Southern Bluefin Tuna Fishery, particularly relating to the method and threshold for transfer weighing of tuna from tow pontoons to farms. This legislation was enacted by the Australian Fisheries Management Authority (AFMA) to ensure that the method for determining the weight of Southern Bluefin Tuna during their transfer from tow pontoons to farms is clear and consistent, thereby supporting effective quota management. The policy objective behind this determination was to align the procedural requirements with industry feedback and analysis, aiming to balance the needs of the commercial sector with the conservation requirements of the species. The enactment of this legislation underscores the importance of precise and efficient methods in fisheries management to ensure both economic viability for the industry and the sustainability of the fish stocks. By setting out a specific method for transfer weighing, including the use of a 100 fish sample with a weight threshold of 8kg and a cap of 150 fish, the Determination aims to provide clarity and fairness in the quota decrementation process. This approach also reflects the collaborative effort between AFMA, industry stakeholders, and advisory committees to refine fishery management practices based on empirical evidence and stakeholder input.

Scope and Application

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023 applies to the method by which Southern Bluefin Tuna (SBT) are weighed when transferred from a tow pontoon to a farm under the Southern Bluefin Tuna Management Plan 1995. This determination is made by the Australian Fisheries Management Authority (AFMA) under the authority of the Fisheries Management Act 1991. It applies specifically to operators involved in the SBT fishery within the Australian Fishing Zone (AFZ) and on the high seas, excluding recreational fishing which is managed by state and territory governments under the Offshore Constitutional Settlement (OCS) arrangement. The Determination sets out the procedure for transfer weighing, including the number of fish to be sampled and the weight threshold, with the aim of accurately determining the weight of live fish transferred for quota purposes. This legislative instrument is in effect from 1 December 2022 to 1 December 2023, and it can be extended or modified through subordinate instruments as necessary to adapt to changing circumstances or regulatory needs.

Key Provisions

The Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023 (section 2) sets out the specific requirements and procedures for the transfer weighing of Southern Bluefin Tuna (SBT) from a tow pontoon to a farm. This determination is made under the Fisheries Management Act 1991 (section 4) and the Southern Bluefin Tuna Management Plan 1995. The Determination is in effect from 1 December 2022 until 1 December 2023 (sections 2 and 3). The determination outlines that a 100 fish sample will be used, with a weight threshold of 8kg and a cap of 150 fish (section 6). These provisions aim to ensure that the transfer weighing process is conducted in a manner that accurately reflects the number and average weight of fish transferred, which is crucial for quota decrementation purposes. The Determination imposes specific obligations on the parties involved in the SBT fishery. Operators transferring SBT from a tow pontoon to a farm must conduct the transfer weighing in accordance with the provisions of the Determination (section 6). This includes ensuring that the sample size, weight threshold, and cap are adhered to. Additionally, the Australian Fisheries Management Authority (AFMA) is required to oversee and enforce these procedures, ensuring compliance by all parties. AFMA must also consult with the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) before making any determinations regarding the transfer weighing process (subsection 22B). Breaches of the provisions outlined in the Southern Bluefin Tuna Fishery (Transfer Weighing) Determination 2023 can lead to civil or criminal penalties. While the specific penalties are not detailed in the Determination, violations of the Fisheries Management Act 1991 can result in significant fines and potential imprisonment. Operators who fail to comply with the transfer weighing requirements may face penalties for non-compliance, which could include fines, revocation of fishing permits, or other enforcement actions taken by AFMA. The exact penalties would be determined in accordance with the broader provisions of the Fisheries Management Act and any other relevant legislation.

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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.