Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS (AMENDMENT) 1995 NO. 295

STATUTORY RULES 1995 No. 295

Issued by the authority of the Minister for Resources

Fisheries Management Act 1991

Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment)

Subsection 168 (1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Management Act to be prescribed.

The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (the principal Regulations) complement the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan), which was determined by the Australian Fisheries Management Authority (AFMA) under subsection 17 (1) of the Act. Among other things, the Plan allows Australia to comply with its obligations under the Convention for the Conservation of Southern Bluefin Tuna (the Convention).

Australia, Japan and New Zealand have each signed and ratified the Convention. The Convention is administered by the Commission for the Conservation of Southern Bluefin Tuna (the Commission). The Commission determines a global total allowable catch (global TAC) of Southern Bluefin Tuna (SBT) for each global season and allocates that global TAC among the 3 member countries. Due to the migratory nature of SBT, the seasons in each member country to which a global TAC applies have different. start and end dates.

The Plan provides for management of the fishery by means of a system of statutory fishing rights (SFRs). Under the Plan, a holder of SFRs (known as an operator) is permitted to take a particular quantity by weight of SBT for each SFR held during an Australian season. The Plan provides, among other things, how AFMA is to determine the quantity. The total quantity that AFMA determines for all SFRs (AusCatch) cannot, under the Plan, be greater than the Australian allocation of the global TAC.

Among other things, the principal Regulations define the Australian season.

The purpose of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) (the Regulations) is to amend the principal Regulations to alter the definition of the Australian season.

The principal Regulations previously specified the Australian season to run from the beginning of 1 November in a year to the end of 31 October in the next year.

The Regulations extend the current Australian season until the end of 30 November 1995 and provide that subsequent Australian seasons run from the beginning of 1 December in a year to the end of 30 November in the next year.

The Regulations provide 3 immediate benefits to Australia and holders of SFRs in the fishery.

•       Firstly, the current start date for Australian seasons of 1 November is close to the time when the Commission meets to negotiate the global TAC and its allocation among participating countries. Historically, the early start date of the Australian season compared with the later start dates of the Japanese and New Zealand seasons has placed undue pressure on Australia to reach early agreement on the global TAC and its allocation.

•       Secondly, the later start date gives operators more time, both before an Australian season commences and during the season, to plan their fishing operations.

•       Thirdly, it seems highly unlikely that operators will catch SBT against all of their SFRs during the current Australian season. At present, of the current AusCatch of 5,265 tonnes, there are about 900 tonnes uncaught. The extension of the current Australian season allows SFRs, previously unuseable in the current season, to be fished against.

As the AusCatch for the current Australian season is not affected (either directly or indirectly) by the Regulations, the extension of the current Australian season does not contravene Australia's obligations under the Convention.

The Regulations are supported by the Southern Tuna Management Advisory Committee, an advisory body to AFMA and by the major industry body in the fishery, the Tuna Boat Owners Association of Australia.

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides that the Regulations amend the principal Regulations.

Regulation 2 amends regulation 2 of the principal Regulations by substituting a new definition for the term "season".