Federal Register of Legislation - Australian Government

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Plans/Management of Sites & Species as made
The instrument amends the Southern Bluefin Tuna Fishery Management Plan 1995 to accommodate changes to quota monitoring arrangements, streamline the workings of the Plan and allow the inclusion of undercatch arrangements as agreed to by CCSBT.
Administered by: Agriculture, Fisheries and Forestry
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 20
Made 21 Nov 2012
Registered 26 Apr 2013
Tabled HR 14 May 2013
Tabled Senate 14 May 2013
Date of repeal 28 Apr 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

Commonwealth Coat of Arms

Southern Bluefin Tuna Fishery Management Plan Amendment 2012 (No. 1)1

Fisheries Management Act 1991

The Australian Fisheries Management Authority makes the following management plan amendment under section 20 of the Fisheries Management Act 1991.

Dated 21 November 2012

 

Common seal of the Australian Fisheries Management Authority

                                                                                         

Accepted on 28 March 2013

 

 

 

 

JOSEPH WILLIAM LUDWIG

Minister for Agriculture, Fisheries and Forestry


1              Name of management plan amendment

                This management plan amendment is the Southern Bluefin Tuna Fishery Management Plan Amendment 2012 (No. 1).

2              Commencement

                This management plan amendment commences on the day after it is registered.

3              Amendment of Southern Bluefin Tuna Fishery Management Plan 1995

                Schedule 1 amends the Southern Bluefin Tuna Fishery Management Plan 1995.


Schedule 1        Amendments

(section 3)

  

[1]           Subclause 3.1, definition of by-catch action plan

omit

[2]           Subclause 3.1

insert

ecological risk management plan means the plan required under clause 6.

[3]           Subclause 3.1, definition of live weight value, paragraph (b)

after

value

insert

of a statutory fishing right

[4]           Subclause 3.1, definition of public notice

omit

[5]           Subclause 3.1, definition of season

substitute

season means the period determined as the fishing season by AFMA.

[6]           Subclause 3.1

insert

transfer weight means, in relation to a quantity of Southern Bluefin Tuna:

                (a)    for the purse seine method of fishing—the weight ascertained by the transfer weighing procedure determined by AFMA under clause 22B; and

               (b)    for any other method of fishing—the weight of fish noted in the return sent to AFMA signed by the person having a fish receiver permit who received the fish.

[7]           Subclause 3.1, definition of unused quota

omit

[8]           Subclause 3.1, definition of verified count

omit

[9]           Paragraph 4A.2 (i)

omit

a by-catch action plan

insert

an ecological risk management plan

[10]         Paragraph 4A.3 (g)

omit

a by-catch action plan

insert

an ecological risk management plan

[11]         Clause 6

substitute

6              Ecological risk management plan

        6.1   AFMA must establish an ecological risk management plan for the SBT Fishery.

        6.2   The plan must require action to ensure that:

                (a)    information is gathered about the impact of the fishery on by‑catch species; and

               (b)    all reasonable steps are taken to minimise interaction with sea birds, marine reptiles, marine mammals and fish of a kind mentioned in sections 15 and 15A of the Act; and

                (c)    the ecological impacts of fishing operations on habitats in the SBT Fishery area are minimised and kept at an acceptable level; and

               (d)    by-catch is reduced, or kept at, a minimum and below a level that might threaten by-catch species.

[12]         Clause 6A

substitute

6A           Reference point

                For subsection 17 (5C) of the Act, the reference point for Southern Bluefin Tuna is that, by the year 2035, the spawning stock biomass is to be 20% of the original spawning stock biomass.

Note   The reference point may be amended to accord with decisions of the Commission or other relevant fishing organisations.

[13]         Clause 9A, heading

substitute

9A           Quota reconciliation

[14]         Paragraphs, 9A.1 (b), 9A.2 (b) and 9A.3 (b)

after

pelagic longline

insert

or minor line

[15]         Paragraphs 9A.4 (a), (b) and (c)

omit

verified count

insert

transfer weighing

[16]         Clause 9B

substitute

9B           Overcatch

      9B.1   AFMA may determine for a season:

                (a)    the determined percentage; and

               (b)    the determined amount; and

                (c)    the determined additional weight.

Note   The determined percentage and determined amount are used to work out the calculated excess for a holder of a statutory fishing right (subclause 9B.6).

Overcatch less than calculated excess

      9B.2   Subclause 9B.3 applies if:

                (a)    in a season (the first season), the holder of a statutory fishing right takes (or is deemed, by a previous application of this section, to have taken) an overcatch that is less than the calculated excess for the holder; and

               (b)    1 month after the commencement of the following season (the second season), the holder holds statutory fishing rights that would (in the absence of this section) entitle the holder to take the first season’s overcatch.

      9B.3   The holder is deemed to have taken:

                (a)    during the first season—an amount of Southern Bluefin Tuna equal to the holder’s quota in the first season; and

               (b)    during the second season—the holder’s first season overcatch in addition to the weight of Southern Bluefin Tuna actually taken by the holder in the second season.

Overcatch at least calculated excess

      9B.4   Subclause 9B.5 applies if:

                (a)    in a season (the first season), the holder of a statutory fishing right takes (or is deemed, by a previous application of this section, to have taken) an overcatch that is:

                          (i)    at least the calculated excess for the holder; and

                         (ii)    no more than the calculated excess for the holder plus the determined additional weight; and

               (b)    1 month after the commencement of the following season (the second season), the holder holds statutory fishing rights that would (in the absence of this section) entitle the holder to take a weight of Southern Bluefin Tuna equal to the sum of:

                          (i)    the calculated excess for the holder in the first season; and

                         (ii)    twice the amount by which the holder’s overcatch in the first season exceeded the calculated excess.

      9B.5   The holder is deemed to have taken:

                (a)    during the first season—an amount of Southern Bluefin Tuna equal to the holder’s quota in the first season; and

               (b)    during the second season—in addition to the weight of Southern Bluefin Tuna actually taken by the holder in the second season, the weight worked out under paragraph 9B.4 (b).

      9B.6   In this clause:

calculated excess, for a season in relation to a holder of a statutory fishing right, means the lesser of:

                (a)    the determined percentage of the holder’s quota for the season; and

               (b)    the determined amount for the season.

overcatch, in relation to a season and a holder of a statutory fishing right, is the weight of Southern Bluefin Tuna taken by the holder that exceeds the holder’s quota for the season.

9C           Undercatch

      9C.1   AFMA may determine the determined percentage of undercatch for a season.

      9C.2   AFMA may determine a percentage of zero.

      9C.3   Subclause 9C.4 applies if:

                (a)    in a season (the first season), the holder of a statutory fishing right takes:

                          (i)    an amount of Southern Bluefin Tuna that is less than the holder’s quota; or

                         (ii)    no Southern Bluefin Tuna; and

               (b)    in the following season (the second season), the holder holds a statutory fishing right.

      9C.4   The holder may, during the second season, take an amount of Southern Bluefin Tuna that is the sum of:

                (a)    the holder’s quota in the second season; and

               (b)    an amount equal to the lesser of:

                          (i)    the difference between the holder’s quota in the first season and the amount of Southern Bluefin Tuna taken by the holder in the first season; and

                         (ii)    the holder’s quota in the first season multiplied by the determined percentage of undercatch for the first season.

[17]         Subclause 17.3

omit

[18]         Subclauses 17.4 to 17.6

substitute

      17.4   If, 1 month after the commencement of a season, the Commission has not made a decision that applies to the season, AFMA may either:

                (a)    proceed to determine Australia’s national catch allocation for the season without a decision from the Commission; or

               (b)    determine a provisional national catch allocation for the season.

      17.5   An allocation determined for a season under subclause 17.4 must not exceed Australia’s national catch allocation determined by AFMA for the previous season.

      17.6   If, 7 months after the commencement of a season:

                (a)    the Commission has not made a decision that applies to the season; and

               (b)    AFMA has not already determined the national catch allocation for the season under paragraph 17.4 (a);

AFMA must determine the amount of the national catch allocation for the season to be an amount that does not exceed the national catch allocation determined for the previous season.

[19]         Subclause 17.7

omit

If, later than 7 months after the commencement of a season, the Commission makes a decision that applies to the season:

insert

If the Commission makes a decision that applies to a season after AFMA has determined Australia’s national catch allocation for the season under subclause 17.4 or 17.6:

[20]         Subclause 18.3

substitute

      18.3   Before the commencement of the season:

                (a)    if AFMA has determined AusCatch for the season—AFMA must determine the actual live weight value of a statutory fishing right for the season; or

               (b)    if AFMA has not determined AusCatch—AFMA must determine the interim live weight value of a statutory fishing right for the season.

[21]         Subclause 18.4

omit

calculated

insert

determined

[22]         Subclauses 18.5 and 18.6

substitute

      18.5   If, for a season, AFMA determines AusCatch during the period that:

                (a)    begins at the commencement of the season; and

               (b)    concludes 7 months after the commencement of the season;

AFMA must, without delay, determine the actual live weight value of a statutory fishing right for the season.

      18.6   If AFMA makes a determination of the AusCatch for a season under subclause 17.4, 17.6 or 17.7, AFMA must, without delay, determine the actual live weight value of a statutory fishing right for the season.

[23]         Subclause 18.7

omit

[24]         Subclause 18.8

omit

calculate and publish

insert

determine

[25]         Subclause 19.3

substitute

      19.3   If AFMA determines a provisional national catch allocation for a season under subclause 17.4, AFMA must determine the provisional live weight value of a statutory fishing right for the season.

[26]         Subclause 19.4

omit

calculate and publish

insert

determine

[27]         Subclause 20.1

omit

specifies

insert

determines

[28]         Subclauses 20.2 and 20.3

substitute

      20.2   An interim live weight value of a statutory fishing right for a season determined under paragraph 18.3 (b):

                (a)    has effect from the commencement of the season; and

               (b)    ceases to have effect when a determination made by AFMA in relation to the season under subclause 18.5, 18.6 or 19.3 commences.

      20.3   A provisional live weight value of a statutory fishing right for a season determined under subclause 19.3:

                (a)    has effect from the commencement of the season; and

               (b)    ceases to have effect when a determination made by AFMA in relation to the season under subclause 18.5 or 18.6 commences.

[29]         Clause 21

omit

[30]         Subclause 22A.3

omit

by facsimile,

[31]         Subclause 22A.4

omit

[32]         Clause 22B, heading

substitute

22B         Transfer weighing of fish—purse seine method of fishing

[33]         Subclauses 22B.1 and 22B.2

omit

verified count

insert

transfer weighing

[34]         Subclause 22B.3

omit

verified count.

insert

transfer weighing.

[35]         Clause 22CA, heading

substitute

22CA      Release approved by AFMA

[36]         Subclause 22CA.1

omit

[37]         Subclause 22CA.2

omit

who, in the 2011 trial period, 2012 trial period or 2013 trial period:

insert

who:

[38]         Subclause 22CA.3

substitute

22CA.3   A holder of a statutory fishing right may, not more than once each season, apply to AFMA in the approved form for permission to release a quantity of Southern Bluefin Tuna.

[39]         Subclauses 22CA.4 and 22CA.5

omit

paragraph 22CA.3 (a) or (b),

insert

subclause 22CA.3,

[40]         Subclause 22CA.9

omit

[41]         Subclause 22CA.10

omit

a reviewable decision under

insert

a relevant decision within the meaning of

[42]         Clause 22D, heading

substitute

22D         Transfer weight to be substituted

[43]         Paragraph 22D.1A (a)

omit

verified count

insert

transfer weighing

[44]         Paragraphs 22D.4 (b)

omit

verified count.

insert

transfer weight.

[45]         Subclause 22D.6

omit

a decision of AFMA to which section 165 of the Act applied.

insert

a relevant decision within the meaning of section 165 of the Act.

[46]         After subclause 24.5

insert

      24.6   If the holder of a statutory fishing right takes Southern Bluefin Tuna using a boat and intends to unload the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment), the holder must:

                (a)    give notice to AFMA in the approved form of the holder’s intention to unload the Southern Bluefin Tuna from the boat outside Australia; and

               (b)    receive from AFMA written notice of:

                          (i)    further conditions to which the fishing right is subject as a consequence of the holder’s intention referred to in paragraph (a); or

                         (ii)    the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder’s intention.

[47]         After subclause 25.1

insert

      25.2   If the holder of a fishing permit granted in respect of the SBT Fishery takes Southern Bluefin Tuna using a boat and intends to unload the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment), the holder must:

                (a)    give notice to AFMA in the approved form of the holder’s intention to unload the Southern Bluefin Tuna from the boat outside Australia; and

               (b)    receive from AFMA written notice of:

                          (i)    further conditions to which the fishing right is subject as a consequence of the holder’s intention referred to in paragraph (a); or

                         (ii)    the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder’s intention.

[48]         Further amendments—pontoon

                The following provisions are amended by omitting each mention of ‘cage’ and inserting ‘pontoon’:

                   •     subparagraph 9A.1 (a) (ii)

                   •     paragraph 9A.4 (c)

                   •     subclauses 22A.1, 22A.2 and 22A.3

                   •     subclauses 22B.1 and 22B.3

                   •     clause 22C

                   •     paragraph 22CA.2 (b).


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.