EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Western Tuna and Billfish Fishery Management Plan 2005
WESTERN TUNA AND BILLFISH FISHERY FISHING SEASON DETERMINATION 2012
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (AFMA) to determine plans of management for a fishery.
Paragraph (aa) of subsection 17(6) of the Act provides that a plan of management may determine, or provide for AFMA to determine, the fishing capacity, for a fishery 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.
Section 3 of the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) provides that AFMA must determine the fishing season.
This instrument determines the fishing season for the purposes of section 3 of the Plan.
The Fishery
The Western Tuna and Billfish Fishery (WTBF) covers the area of waters in the Australian Exclusive Economic Zone (EEZ) included on the west coast of Australia, westward from Cape York Peninsula (142°30’E) off Queensland to 34°S off the west coast of Western Australia. It also extends eastward from 34°S off the west coast of WA, across the Great Australian Bight to 141°E at the South Australian/Victorian border. The fishery also includes Australian waters outside of 12 nm off Christmas Island and Cocos Keeling Islands. The Plan also applies to Australian boats fishing on the high seas within the Indian Ocean Tuna Commission’s (IOTC) Area of Competence.
Management in the WTBF has been through output controls in the form of individually transferable quotas since the Plan was determined in 2005.
Consultation
Consultation was undertaken with the Tropical Tuna Resource Assessment Group (TTRAG) and the Tropical Tuna Management Advisory Committee (TTMAC).
The recommended fishing season was then sent to the AFMA Commission for determination.
Statement of Compatibility
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Details of the Determination are set out below:
Clause 1 Provides for the Determination to be cited as the Western Tuna and Billfish Fishery Fishing Season Determination 2012.
Clause 2 Provides for the commencement of the Determination.
Clause 3 Defines terms used in the Determination..
Clause 4 Defines the fishing season.
Overview
The Western Tuna and Billfish Fishery Fishing Season Determination 2012 is a legislative instrument under the Fisheries Management Act 1991, enacted to address the need for managing the fishing season in the Western Tuna and Billfish Fishery (WTBF). This determination was introduced by the Australian Fisheries Management Authority (AFMA) and was aimed at ensuring that the fishing season is clearly defined for effective management of the fishery, which includes the waters of the Australian Exclusive Economic Zone (EEZ) on the west coast of Australia and other specified areas. The primary policy objective behind this legislation is to maintain sustainable fishing practices by controlling the timing and duration of fishing activities within the WTBF. The enactment of this determination ensures that the management of the WTBF adheres to the provisions set out in the Western Tuna and Billfish Fishery Management Plan 2005, while also facilitating proper consultation with relevant advisory groups to align the fishing season with broader management objectives.
Scope and Application
The Western Tuna and Billfish Fishery Fishing Season Determination 2012 applies to all persons and entities involved in the Western Tuna and Billfish Fishery (WTBF) within the Australian Exclusive Economic Zone (EEZ). This includes the waters off the west coast of Australia from Cape York Peninsula in Queensland to 34°S off the west coast of Western Australia, extending eastward across the Great Australian Bight to the South Australian/Victorian border, as well as Australian waters outside of 12 nautical miles off Christmas Island and Cocos (Keeling) Islands. Additionally, it pertains to Australian boats fishing on the high seas within the Indian Ocean Tuna Commission’s (IOTC) Area of Competence. The determination is made under the authority of the Fisheries Management Act 1991 and the Western Tuna and Billfish Fishery Management Plan 2005, and it establishes the fishing season for the WTBF. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and no Regulation Impact Statement was required as it was deemed to be of a minor or machinery nature.
Key Provisions
The Western Tuna and Billfish Fishery Fishing Season Determination 2012 (the Determination) sets out specific provisions for the fishing season of the Western Tuna and Billfish Fishery (WTBF) in accordance with the Fisheries Management Act 1991 (the Act) and the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan). Section 3 of the Plan mandates the Australian Fisheries Management Authority (AFMA) to determine the fishing season, and this Determination fulfils that requirement by setting the dates and periods during which fishing activities can be carried out in the WTBF (Clause 4). The WTBF covers a significant area of Australian waters, including parts of the west coast from Cape York Peninsula to the South Australian/Victorian border, and extends to waters outside 12 nautical miles off Christmas Island and Cocos Keeling Islands, as well as high seas areas within the Indian Ocean Tuna Commission’s (IOTC) Area of Competence.
The Determination imposes specific obligations on entities involved in the WTBF. AFMA is tasked with ensuring that the provisions of the Determination are adhered to, particularly in delineating the fishing season and ensuring that fishing activities occur within the specified timeframes (Section 17(6) of the Act). Fisheries operators and other stakeholders must comply with these provisions to avoid contravening the regulations set forth in the Determination. This includes adhering to the specific dates and periods designated for fishing activities, which are essential for the sustainable management of the fishery.
Failure to comply with the provisions of the Determination may result in legal consequences. The Act does not explicitly outline the penalties for breaches in this Determination, but generally, non-compliance with AFMA regulations can lead to enforcement actions, including fines and other penalties as deemed appropriate by the relevant authorities. Such penalties serve to deter violations and ensure adherence to the established fishing season, thereby supporting the effective management of the WTBF.