EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Bluefin Tuna Verified Count Determination 2010-2011
The Southern Bluefin Tuna Verified Count Determination 2010-2011 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Paragraphs 17(5)(a) and (b) of the Fisheries Management Act 1991 (the Act) provide that a plan of management made under the Act is to set out the objectives of the plan of management and measures by which the objectives are to be attained. The measures may include, but are not limited to, the measures contained in subsection 17(6).
Subclause 22B.2 of the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) requires AFMA to determine the manner in which the ‘verified count’ of Southern Bluefin Tuna is to be carried out.
This Determination 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.
SBT 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.
Background
In the SBT farm sector, live fish are captured in the Great Australian Bight, placed in a pontoon which is then towed slowly back to Port Lincoln over a period of 2-6 weeks before being transferred into farm cages where they are fattened and later harvested. As these fish are taken alive and cannot be practically weighed in large numbers, the weight of the SBT caught must be estimated.
A procedure was developed where a sample of 40 live fish are extracted from the towed pontoon using a baited handline. These fish are weighed to establish the average weight of fish in the tow cage (the weight sample). An underwater video camera is then used to film the transfer of fish from the towed pontoon into the farm cage. These videos are viewed in slow motion and each fish is counted by an AFMA representative and a representative of the farm company (the count). The number of fish in the count is multiplied by the average weight of fish in the weight sample to estimate the total weight of fish in the cage, which is then deducted from an operator’s quota holdings. This process is known as the “40 fish verified count” and has been used for several years.
In August 2010 AFMA determined an amendment to the Southern Bluefin Tuna Fishery Management Plan 1995. Amongst other things, the amendment removed the prescribed procedures for undertaking a verified count from the Plan and allowed AFMA to determine the verified count procedures separately from the Plan.
This allows the procedures for the verified count to be varied from time to time without the expense involved with an amendment of the Plan. This will be important for the future adoption of improved or emerging technologies, which could improve the efficiency or accuracy of the estimates of catch in the fishery.
Consultation
In preparing the Determination AFMA consulted with the Southern Bluefin Tuna Management Advisory Committee (SBTMAC). The SBTMAC supported the form and content of the interim Verified Count Determination and noted that a subsequent determination would be provided to them for comment which will include the requirement to use stereo video.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulatory Impact Statement or Business Cost Calculator were not required since the OBPR considers the Determination to have minor or machinery impacts (ID12138).
Details of the Determination are set out below:
Paragraph 1 provides that the Determination may be cited as the Southern Bluefin Tuna Verified Count Determination 2010-11.
Paragraph 2 provides that the Determination commences on the day after registration on the Federal Register of Legislation Instruments.
Paragraph 3 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.
Paragraph 4 specifies that Southern Bluefin Tuna must not transferred from a tow cage to a farm without a verified count, conducted by AFMA or an agent of AFMA using the procedures set out in the determination.
Paragraph 5 specifies the manner in which the verified count of fish transferred is to be conducted.