EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Bluefin Tuna Verified Count Determination 2011
The Southern Bluefin Tuna Verified Count Determination 2011 (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 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 2010 – 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.
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
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. At the 16th meeting of CCSBT (October 2009) it was agreed as part of the Resolution to Ensure Compliance with Conservation and Management Measures, that Australia is to commence a commercial trial of stereo video technology covering 10% of the catch in the 2011 season. If the trial proves successful Australia has committed to implement stereo video in full in the following season.
Stereo video involves underwater cameras used together to give the perspective of depth and therefore allowing for the measurement of SBT without the need to remove the fish from the water. The measurements are used to calculate the average weight of the fish and in turn are used to calculate the total weight of fish caught by the operator. This is done from a sample of fish (the verified count).
The Determination provides for AFMA to decide whether the verified count is to be undertaken using stereo video, or by using the 40 fish sample method, as provided for under the previous determination (the Southern Bluefin Tuna Verified Count Determination 2010 – 2011). This is because stereo video will initially be introduced as a trial, and insufficient equipment is currently available for stereo video to be used to conduct the verified count in all cases.
The Determination provides for AFMA to determine in each instance where a verified count is required and which method is to be used.
The stereo video trial is expected to begin in February 2011.
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 comments were provided to the AFMA Commission for their consideration when making its decision.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulatory Impact Statement (or Business Cost Calculator) was not required (OBPR reference: ID12290).
Details of the Determination are set out below:
Clause 1 provides that the Determination may be cited as the Southern Bluefin Tuna Verified Count Determination 2011.
Clause 2 provides that the Determination commences on the day after registration on the Federal Register of Legislation Instruments.
Clause 3 provides that the previous Determination is 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 defines the term “stereo video”.
Clause 6 defines the term “Approved Stereo Video”.
Clause 7 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 clauses 10 and 11) directed by AFMA or an Agent of AFMA.
Clause 8 provides that AFMA or an Agent of AFMA will advise which method of verified count is to be used when a tow cage is presented for a verified count.
Clause 9 provides that a count is a verified count only if it meets the requirements of clause 10 or clause 11.
Clause 10 specifies the method of conducting a verified count using the stereo video method.
Clause 11 specifies the method of conducting a verified count using the 40 fish sample method.