Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) AMENDMENT REGULATIONS 2009 (NO. 1) (SLI NO 318 OF 2009)

EXPLANATORY STATEMENT

Select Legislative Instrument 2009 No. 318

Issued By The Authority Of The Minister For Agriculture, Fisheries And Forestry

Fisheries Management Act 1991

Fisheries Management (Southern Bluefin Tuna Fishery)

Amendment Regulations 2009 (No. 1)

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.

Under the Southern Bluefin Tuna Fishery Management Plan 1995 (the SBT Plan) the period of the fishing season has the same meaning as that given in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995.

The Southern Bluefin Tuna Fishery

The Southern Bluefin Tuna Fishery (SBTF) is part of the global fishery for Southern Bluefin Tuna (SBT) which is managed by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). CCSBT is the international body which administers the Convention for the Conservation of Southern Bluefin Tuna (the Convention). The Australian Government manages its component of the global fishery through the SBT Plan. The Australian fishery includes all waters of the Australian Fishing Zone and a high seas fishing zone that is inclusive of the species distribution.

The CCSBT makes decisions relevant to the management of the SBTF. The CCSBT is responsible for setting the global total allowable catch of SBT and determines national catch allocations for its Members, for Cooperating Non Members, and also allocates a catch limit to other catching countries. Australia, Japan, New Zealand, Korea, Taiwan and Indonesia are members of the Extended Commission for the Conservation of Southern Bluefin Tuna.

Content of the Regulation

The Fisheries Management (Southern Bluefin Tuna Fishery) Amendment Regulations 2009 (No. 1) (the Regulation) sets the fishing season as the period of 1 December 2009 to 30 November 2011.

Purpose of the Regulation

At its meeting from 20 to 23 October 2009 the CCSBT agreed to cut the global total allowable catch by 20 per cent from the levels of the previous years. Australia’s national catch allocation is 4015 tonnes for each of the next two years, commencing on 1 December 2009. This is a reduction of 24 per cent (rounded) from the annual catch level of 5265 tonnes, which has remained unchanged since 1989.

The CCSBT Resolution on the Total Allowable Catch and future management of Southern Bluefin Tuna provides the flexibility for each Member Country to decide on the level of reduction it takes each year; each Member Country has until 15 November 2009 to advise of the arrangement it will adopt over the next two years.

The decision by the CCSBT was made close to the start of the Australian season, which commences on 1 December 2009. The Australian Government is committed to implementing this decision in such a way as to provide flexibility for Australian industry to adjust to the reduction over the next two years.

The purpose of the Regulations is to allow the next fishing season to span a period of two years, from 1 December 2009 to 30 November 2011 in accordance with the decision of the CCSBT. This change, together with the Determination of Australia’s National Allocation under the SBT Plan being applied over the modified two year period, provides operators flexibility as to the timing of adjustment for their own businesses.

After 30 November 2011 the season will revert back to an annual season.

Consultation

The SBT Management Advisory Committee was consulted on the proposed approach and supported the flexibility provided by the arrangement. The Australian Fisheries Management Authority Commission also endorsed this approach.

Regulatory Impact Analysis

The Office of Best Practice Regulation has advised that no regulatory impact analysis, in the form of a Business Cost Calculator Report or Regulation Impact Statement, is required for the amendment (reference ID 10882)

Details of the Regulation are:

Section 1 – provides that the Regulations may be cited as the Fisheries Management (Southern Bluefin Tuna Fishery) Amendment Regulations 2009 (No. 1).

Section 2 – provides that the Regulations will commence on the day on which they are registered on the Federal Register of Legislative Instruments.

Section 3 – provides that Schedule 1 amends the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995.

Schedule 1

Clause 1 – clause 1 amends Regulation 2A (a) by defining the term ‘season’. The ‘season’ will start at the beginning of 1 December 2009 ending at the end of 30 November 2011.


[Index] [Related Items] [Search] [Download] [Help]