Southern Bluefin Tuna Fishery (Undercatch and Overcatch) (2020-2021 Season No. 2) Determination 2021

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 (Undercatch and Overcatch) (2020-21 Season No. 2) Determination 2021

Legislative Background

Subsection 17(5) of the Fisheries Management Act 1991 (FM Act) provides that a plan of management made under the FM Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular determinations for the purposes of attaining the objectives of the plan of management.

Subsection 17(6)(aa) of the FM 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.

Subclause 9B.1 of the Southern Bluefin Tuna Fishery Management Plan 1995 (Plan) provides that AFMA may determine for a season the determined percentage, the determined amount and the determined additional weight in relation to overcatch.  

Subclause 9C.1 of the Plan provides that AFMA may determine for a season the determined percentage of undercatch.  

The Southern Bluefin Tuna Fishery (Undercatch and Overcatch) (2020-21 Season No. 2) Determination 2021 (Determination) is a legislative instrument for the purposes of the Legislation Act 2003. The Determination commences on the day after it is registered.

Purpose of the Instrument

The Determination determines the amounts and percentages for undercatch and overcatch for the 2021 fishing season commencing on 1 December 2020 and ending on 30 November 2021.  Undercatch and overcatch provides for ‘carry over’ or ‘carry under’ of a small amount of end of season quota between fishing seasons thereby allowing fishers the flexibility to catch a certain amount of fish over or under their quota, and debit or credit this to or from the following season’s quota. 

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 and Territories, management of the SBT Fishery to the area of the 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 5% 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 live and transferred from a tow cage into a farm where the fish are kept for an approximate 6 months grow out period. Fishing occurs in offshore waters adjacent to Kangaroo Island, South Australia. The remainder are caught using longline methods, predominantly off southeastern Australia during the winter months.  The recreational sector continues to be managed by the relevant states using bag and size limits.

Consultation

The undercatch/overcatch arrangements have been developed in consultation with the Southern Bluefin Tuna Management Advisory Committee, the Australian Southern Bluefin Tuna Industry Association (ASBTIA), Tuna Australia and the Department of Agriculture, Water and the Environment. ASBTIA comprises of the majority of SBT fishers and quota holders.

The Commission’s Decision

The AFMA Commission determined the undercatch and overcatch percentages, amounts and additional weight at its meeting of 19 November 2020. The Commission was satisfied that the percentages, amount and additional weight it determined were consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM Act and section 6 of the Fisheries Administration Act 1991. 

Subsequent to this decision the AFMA Commission agreed on 20 September 2021 to revisit the setting of undercatch provisions to provide concession holders affected by the social and economic impacts of COVID-19 on markets and fishing operations with an increased level of flexibility to choose how and when to fish their quota.

The changes in this instrument relate to the undercatch provisions only.

The revised undercatch provisions remain consistent with Australia’s obligations to the Commission for the Conservation of Southern Bluefin Tuna.

Regulation Impact Statement

The Office of Best Practice Regulation has previously identified that decisions by AFMA, including 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 administrative 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.

Details of the Instrument are set out below: