EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Bluefin Tuna Fishery Verified Count Determination 2012
The Southern Bluefin Tuna Fishery Verified Count Determination 2012 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Southern Bluefin Tuna Management Plan 1995 (the Plan) is in force under section 17 of the Fisheries Management Act 1991.
Subclause 22B.2 of the Plan requires the Australian Fisheries Management Authority (AFMA) to determine the manner in which the ‘verified count’ of Southern Bluefin Tuna is to be carried out.
This Determination revokes the Southern Bluefin Tuna Verified Count Determination 2011 and determines the manner in which the verified count 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 verified count 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.
The AFMA Commission considered the outcomes of the trial and has agreed to implement stereo video technology as the monitoring method for the verified count determination from 1 December 2013. Until this time, the AFMA Commission has agreed to increase the number of fish included in the weight sample from 40 to 100 in order to increase the statistical quality of the sample.
This Determination includes provisions for the 100 fish verified count procedure only. Revised procedures for a verified count using stereo video technology will be included in a new Determination to be Determined prior to 1 December 2013.
Consultation
In preparing the Determination AFMA consulted with the Southern Bluefin Tuna Management Advisory Committee (SBTMAC). The SBTMAC provided comment on the form and content of the Verified Count Determination which were provided to the AFMA Commission for their consideration when making the Determination.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination (OBPR ID: 14564).
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 Verified Count Determination 2012.
Clause 2 provides that the Determination commences on the day after registration on the Federal Register of Legislation Instruments.
Clause 3 provides that the Determination ceases as if it was revoked on 30 November 2013 unless earlier revoked.
Clause 4 provides that a term used in this Determination that is defined in the Plan has the same meaning in this Determination as it has in the Plan.
Clause 5 specifies that Southern Bluefin Tuna must not be transferred from a tow cage to a farm without a verified count of the fish being conducted by AFMA or an Agent of AFMA, using the method (specified in clause 7) directed by AFMA or an Agent of AFMA.
Clause 6 provides that a count is a verified count only if it meets the requirements of clause 7.
Clause 7 specifies the method of conducting a verified count using the 100 fish sample method.
Clause 8 provides that the Southern Bluefin Tuna Verified Count Determination 2011 is revoked from the date of commencement.