Federal Register of Legislation - Australian Government

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Determinations/Fisheries as made
This instrument determines the procedure for transfer weighing in the Southern Bluefin Tuna Fishery for the 2020 fishing season.
Administered by: Agriculture, Water and the Environment
Registered 25 Nov 2019
Tabling HistoryDate
Tabled HR26-Nov-2019
Tabled Senate27-Nov-2019
To be repealed 01 Dec 2020
Repealed by Self Repealing

EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Southern Bluefin Tuna Fishery Management Plan 1995

Southern Bluefin Tuna Fishery Transfer Weighing Determination 2020

The Southern Bluefin Tuna Fishery Transfer Weighing Determination 2020 (the Determination) is a legislative instrument for the purposes of the Legislation 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 the Australian Fisheries Management Authority (AFMA) to determine the manner in which the ‘transfer weighing’ of Southern Bluefin Tuna is to be carried out.

The Determination determines the manner in which the transfer weighing 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.

The SBT Fishery 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. SBT are caught live and transferred form a two cage into a farm where the fish are kept for an approximate 6 month grow period. The transfer weighing is conducted at the time of transfer to determine the weight of fish transferred. This weight is used for quota decrementation purposes.

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.  In accordance with the Resolution to Ensure Compliance with Conservation and Management Measures, Australia conducted a commercial trial of stereo video technology covering 10% of the catch in the 2011 season.

Subsequent to the trial the Australian Government announced, to the CCSBT, that Australia will wait until stereo video technology is cost effective, automated and commercially viable before it is implemented. Until this time, the AFMA Commission agreed to increase the number of fish included in the weight sample from 40 to 100.

The Determination includes provisions for the 100 fish transfer weighing procedure only.

 

Consultation

Subclause 22B.2A of the Plan requires that AFMA must consult the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) before making a determination under subclause 22B.2 of the Plan. A paper outlining the 100 fish sample methodology was presented to the Southern Bluefin Tuna Management Advisory Committee (SBTMAC) in September 2019. Members supported the proposed determination. The Australian Southern Bluefin Tuna Industry Association is supportive of the continuation of the 100 fish sample methodology for the 2020 fishing season.

Regulation Impact Statement

The Office of Best Practice Regulation has previously identified that decisions by AFMA including on setting total allowable catch (TAC); setting opening and closing dates for a fishing season; and setting undercatch and overcatch provisions in a fishery, do not require a Regulation Impact Statement. Such decisions are considered to be machinery in nature and are included in an approved carve-out (OBPR reference no. 14421) 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

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 

Details of the Determination are set out below:

Clause 1   provides that the Determination may be cited as the Southern Bluefin Tuna Fishery Transfer Weighing Determination 2020.

Clause 2   provides that the Determination commences on 1 December 2019.

Clause 3   provides that the Determination is repealed on 1 December 2020 unless earlier 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   specifies that Southern Bluefin Tuna must not be transferred from a tow cage to a farm without a transfer weighing of the fish being conducted by AFMA or an Agent of AFMA, using the method (specified in clause 7) directed by AFMA or an Agent of AFMA.

Clause 6    provides that a weighing is a transfer weighing only if it meets the requirements of clause 7.

Clause 7   specifies the method of conducting a transfer weighing using the 100 fish sample method. 

 

 


 

 

 

 

Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Southern Bluefin Tuna Fishery Transfer Weighing Determination 2020
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 to continue the 100 fish sample based transfer weighing procedure to estimate the transfer weight of Southern Bluefin Tuna for the purposes of clause 22.B.2 of the Southern Bluefin Tuna Fishery Management Plan 1995. 

Assessment of human rights implications
As this legislative instrument is of a mechanical nature, it 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. The AFMA Commission is satisfied that the instrument is consistent with AFMA’s obligation to pursue its statutory objectives.