EXPLANATORY STATEMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Western Tuna and Billfish Fishery Management Plan 2005
Western Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2025
Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.
Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (the Authority) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods. Under section 17(6B) of the Act a determination made by the Authority under paragraph 17(6)(aa) is a legislative instrument.
Subsection 11(1) of the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) provides that the Authority must, during the course of the season, determine the determined weight or the determined percentage (or both) for the purposes of section 18; and the determined percentage for the purposes of section 19.
Section 18 of the Plan relates to the overcatch provisions applying to individual Statutory Fishing Right (SFR) holders who exceed their quota for the season. Under this section, the determined percentage for a quota species and a fishing season means a percentage of the quota allocated to the quota SFR for that species held by a person for that season, specified in a determination made by the Authority for the purposes of section 18 of the Plan for that species and season. Section 18 of the Plan further provides that the determined weight, for a quota species and a fishing season, means the weight of that species specified in a determination made by the Authority for the purposes of this section for the species and season.
Section 19 of the Plan relates to the undercatch provisions applying to individual SFR holders whose catch is less than their quota for the season. Under section 19 of the Plan, the determined percentage, for a quota species and a fishing season is a percentage of the quota allocated to the quota SFRs for that species held by a person for that season, specified in a determination made by the Authority for the purposes of this section for that species and season.
This instrument determines the amounts and percentages for each quota species in relation to overcatch and undercatch for the fishing season commencing on 1 February 2025 and concluding on 31 January 2026. The instrument is not retrospective in nature as the Plan provides that in relation to overcatch and undercatch these parameters must be set ‘during the course of the season’ and apply to a quota species and ‘a fishing season’.
Overcatch and undercatch 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 from or to the following season’s quota.
The Western Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2025 is a legislative instrument for the purposes of the Legislation Act 2003.
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 Western Australia, 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. The total allowable commercial catch for each quota species for the fishing season commencing on 1 February 2025 and ending on 31 January 2026 was determined by the Western Tuna and Billfish Total Allowable Commercial Catch Determination 2025.
Consultation
AFMA has consulted both the Tropical Tuna Resource Assessment Group (TTRAG) and the Tropical Tuna Management Advisory Committee (TTMAC) on the overcatch/undercatch percentages and weights. TTRAG provides scientific advice to AFMA on fisheries matters for the WTBF and comprises scientific, industry, recreational fishing and management stakeholders. Management Advisory Committees (MACs), on the other hand, are statutory bodies that provide AFMA with management advice. The TTMAC membership is made up of representatives from the fishing industry, scientists, conservation groups, the recreational fishing sector and AFMA. The advice received from both RAGs and MACs is used to inform AFMA’s management decisions, including overcatch and undercatch parameters, and continues to be the main source of advice on the management of Commonwealth fisheries. The overcatch and undercatch percentages and weights were considered by TTRAG in September 2024 and by TTMAC in October 2024.
The recommended overcatch and undercatch percentages and weights for all species in the WTBF were then sent to the Authority’s Commission for consideration, along with advice from the TTMAC, in November 2024. In accordance with the Plan, the overcatch and undercatch percentages and weights were considered and determined by the Commission later, during its meeting on 11-12 March 2025.
Regulation Impact Statement
The Office of Impact Analysis (OIA) has identified that decisions by AFMA, including setting total allowable catches, setting opening and closing dates for a fishing season and setting overcatch and undercatch provisions in a fishery, do not require a Regulation Impact Statement. Such decisions are considered to be machinery in nature and are included in the approved carve-out by the OIA, dated January 2025 (OIA reference 2306107) reflecting where AFMA is required to make decisions under current regulatory settings and follow certain procedures when making those decisions.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’s Statement of Compatibility is attached as a supporting document.
The Commission’s Decision
The Authority’s Commission determined the overcatch and undercatch percentages and determined weight at its meeting on 11-12 March 2025.
The Commission was satisfied that the percentages and weight it determined were consistent with the Authority’s obligation to pursue its statutory objectives, specified in section 3 of the Act and section 6 of the Fisheries Administration Act 1991.
Details of the Instrument are set out below:
Clause 1 | Provides for the Instrument to be cited as the Western Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2025. |
Clause 2 | Provides that the Instrument commences on the day after registration on the Federal Register of Legislation. |
Clause 3 | Provides that the Instrument is repealed on 1 February 2026. |
Clause 4 | Provides that the Instrument is made pursuant to paragraph 17(6)(aa) of the Act and under subsection 11(1) of the Plan for the purposes of sections 18 and 19 of the Plan. |
Clause 5 | Provides that a term used in the Instrument and in the Plan or Act has the same meaning in the Instrument as in the Plan or Act. |
Clause 6 | Determines the percentage of overcatch for the purposes of paragraph 11(1)(a) and subsection 18(5) of the Plan, determines the percentage of undercatch for the purposes of paragraph 11(1)(b) and subsection 19(3) of the Plan and determines the weight for the purposes of paragraph 11(1)(a) and subsection 18(5) of the Plan for each quota species in the fishery for the 2025 fishing season beginning on 1 February 2025 and concluding on 31 January 2026. |
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Western Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2025
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.
Overview of the Legislative Instrument
This instrument determines the amounts and percentages for each quota species in relation to overcatch and undercatch for the fishing season beginning on 1 February 2025 and concluding on 31 January 2026. Overcatch and undercatch 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 instrument ceases on 1 February 2026.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.