Eastern Tuna and Billfish Fishery Management Plan 2010

The Eastern Tuna and Billfish Fishery Management Plan 2010 (the Plan) sets the statutory management framework, allocation mechanics and administrative procedures that govern commercial fishing for the listed primary and secondary species in the specified area of the Eastern Tuna and Billfish Fishery (the fishery). The Plan is made under s 17 of the Fisheries Management Act 1991 (the Act) and operates by allocating statutory fishing rights (SFRs), defining total allowable commercial catch (TACC) processes, prescribing how quota per SFR is calculated, and setting eligibility, permit and operational conditions for vessels and persons that wish to fish commercially in the fishery (see Part 1, Part 3, Part 4).

Mechanically, the Plan:

defines the geographic scope of the fishery, split between an AFZ area (other than the Coral Sea zone), a Coral Sea zone and a high seas zone in Schedule 1; it also specifies the datum for coordinates as GDA94 (s 1.4; Sch 1) and cross‑references international and coastal EEZ boundaries (Sch 1 note);
identifies primary species (Schedule 2) and uses those species as quota species for which TACCs and quota SFRs are established (s 1.3 definitions; Sch 2);
requires AFMA to determine, before each fishing season, the TACC for each quota species and to make associated determinations including those that define the “determined percentage” and “determined weight” used in the Plan’s overcatch and undercatch provisions (s 3.2(1)-(4));
sets the formula for quota per SFR for a given season, being the TACC divided by the total number of SFRs in force for that species at the start of the season (s 3.3);
prescribes the eligibility criteria and transitional allocation mechanics for converting holdings under the previous Plan (2005) into SFRs under this Plan, including large fixed conversion factors for some permit types (for example, 455 SFRs per eastern skipjack purse seine permit or per minor line SFR) and the availability of boat SFRs linked to previously held boat permits or SFR ownership (Div 4.3, ss 4.7-4.11);

Commonwealth Coat of Arms of Australia

made under section 17 of the

Fisheries Management Act 1991

Compilation No. 3

Compilation date: 14 October 2024

Includes amendments: F2024L01167

About this compilation

This compilation

This is a compilation of the Eastern Tuna and Billfish Fishery Management Plan 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1.1 Name of Management Plan [see Note 1]

1.3 Definitions

1.4 Origin of geographical coordinates

1.5 Objectives (Act s 17 (5))

1.6 Measures by which objectives attained

1.7 Performance criteria for assessing measures to achieve objectives

1.8 Persons to whom this Management Plan does not apply

Part 2 Specific ecosystem requirements

2.1 Ecological risk management plan

2.2 Commonwealth harvest strategy

Part 3 Total allowable commercial catch (TACC)

3.2 Determination of TACC

3.3 Quantity of fish that may be taken

3.4 AFMA to notify TACC and quota

Part 4 Statutory fishing rights and fishing permits

Division 4.1 Who may fish in the fishery

4.1 Who may engage in commercial fishing in the fishery

4.2 Foreign commercial fishing

4.3 Carrying or processing fish

4.4 Scientific research

Division 4.2 Overcatch and undercatch

4.5 Obligations relating to overcatch

4.6 Obligations relating to undercatch

Division 4.3 Grant of SFRs and fishing permits

4.7 Conditions of registration as an eligible person

4.8 Availability of grant of SFRs to longline SFR holders

4.9 Availability of grant of SFRs to minor line SFR holders

4.10 Availability of grant of SFRs to eastern skipjack permit holders

4.11 Availability of grant of boat SFRs

4.12 Limits on availability

4.13 Request for grant

4.14 Certificate showing grant

4.15 Permit to fish using another method

Part 5 Obligations of SFR holders

5.1 Observers and other requirements

Part 6 Miscellaneous

6.2 Agents

6.3 Notices

Schedule 1 Area of the fishery

Part 1 AFZ area (other than the Coral Sea zone)

Part 2 Coral Sea zone

Part 3 High seas zone

Schedule 2 Primary species of fish

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1 Preliminary

1.1 Name of Management Plan [see Note 1]

This Management Plan is the Eastern Tuna and Billfish Fishery Management Plan 2010.

1.3 Definitions

In this Management Plan:

Act means the Fisheries Management Act 1991.

advisory committee means:

(a) the Tropical Tuna Management Advisory Committee; or

(b) if another Committee of a kind mentioned in section 56 of the Fisheries Administration Act 1991 is established by AFMA under section 54 of that Act to give advice about the fishery – that committee.

approved means approved by AFMA.

area of the fishery means:

(a) for an Australian boat – the area described in Part 1 of Schedule 1, the Coral Sea Zone and the high seas zone; and

(b) in any other case – the Coral Sea zone and the area described in Part 1 of Schedule 1.

boat permit means a fishing permit granted under section 37 of the previous Plan.

boat SFR means a longline boat SFR, a minor line boat SFR or a Coral Sea boat SFR that is made available under section 4.11.

by‑catch means marine life that is:

(a) taken in the fishery and returned to the sea for any reason; or

(b) affected by interacting with fishing equipment in the fishery, but not taken.

certificate, for an SFR, means a certificate given under subsection 22(2) of the Act as evidence of the grant of the SFR.

cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea.

commencement day means the day on which this Management Plan commences.

Coral Sea zone means the area described in Part 2 of Schedule 1.

Coral Sea zone permit means a fishing permit granted under section 38 of the previous Plan.

Eastern Tuna and Billfish Fishery means fishing for fish of a primary species, a secondary species or both, in the area of the fishery.

eligible person means a person who is registered as an eligible person for the grant of an SFR under section 26 of the Act.

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.

ETBF Regulations means the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009.

fishery means the Eastern Tuna and Billfish Fishery.

fishing season means the period determined by AFMA.

high seas zone means the area described in Part 3 of Schedule 1.

immediately before the revocation of the previous plan, in Division 4.3, means immediately before the revocation of the previous Plan came into force following registration on the Federal Register of Legislative Instruments.

longline SFR means an SFR that entitles the holder to engage in pelagic longline fishing in the fishery.

minor line means a device consisting of 1 or more hooks that is used in minor line fishing and is capable of catching only 1 fish at a time.

minor line fishing means trolling, or fishing using a rod and reel, handline or pole.

minor line SFR means an SFR that entitles the holder to engage in minor line fishing in the fishery.

nominated boat, for an SFR, means a boat the details of which are entered in the Register as the nominated boat for the SFR.

notice period means the period, mentioned in paragraph 25(f) of the Act, specified by AFMA in a notice published for the fishery under section 24 of the Act.

observer means an observer mentioned in paragraph 7(1)(ea) of the Fisheries Administration Act 1991.

pelagic longline fishing means pelagic fishing using 1 mainline and a number of branchlines, each of which has 1 hook and is attached to the mainline by a branchline clip.

previous Plan means the Eastern Tuna and Billfish Fishery Management Plan 2005.

primary species means a species of fish mentioned in Schedule 2.

quota, for an SFR and a quota species, means the weight of fish of that species that may be taken, in a fishing season, under the SFR.

quota SFR means an SFR that authorises the holder to take a particular quota species.

quota species means the following species:

(a) albacore tuna (Thunnus alalunga)

(b) bigeye tuna (Thunnus obesus)

(d) striped marlin (Tetrapturus audax)

(e) yellowfin tuna (Thunnus albacares)

reference point has the same meaning as it has in the Fish Stocks Agreement.

secondary species means any species of fish that may be taken in the fishery and retained, other than a primary species.

SFR or statutory fishing right means, unless the contrary intention appears, a statutory fishing right granted under this Management Plan.

TACC, or total allowable commercial catch, for a quota species and a fishing season, means the total weight of fish of that species that, under this Management Plan, may be taken during that season.

VMS means vessel monitoring system.

1.4 Origin of geographical coordinates

The position of a geographical coordinate mentioned in this Management Plan is to be determined by reference to the Geocentric Datum of Australia (GDA94) as defined in Gazette No. GN35, 6 September 1995.

1.5 Objectives (Act s 17 (5))

The objectives of this Management Plan, and the objectives for AFMA to pursue when it is administering the Plan, are as follows:

(a) to manage the fishery efficiently and cost‑effectively for the Commonwealth;

(b) to ensure that the exploitation of the resources of the fishery and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle, and, in particular, the need to have regard to the impact of fishing activities on by‑catch species and the long‑term sustainability of the marine environment;

(d) to ensure AFMA’s accountability to the fishing industry and to the Australian community in managing the resources of the fishery;

(e) to reach Government targets for the recovery of the costs of AFMA in relation to the fishery;

(f) to ensure the conservation and management measures taken in relation to the fishery implement Australia’s obligations under relevant international agreements.

1.6 Measures by which objectives attained

For paragraph 17(5)(b) of the Act, the measures by which the objectives of this Management Plan are to be attained include the following:

(a) providing the services needed to manage the fishery, including:

(i) data collection, research and consultation; and

(ii) services to ensure compliance with the Plan;

(b) annually evaluating and, if necessary, revising the range, extent and cost of the services mentioned in paragraph (a);

(c) reviewing ecological risk assessments of marine communities, quota and non‑quota species, and protected species to determine the risk to the maintenance of an ecologically sustainable fishery;

(d) developing, in cooperation with stakeholders, a plan to strategically address any high risks identified during an ecological risk assessment;

(e) setting catch limits, or designing other measures, for non‑quota species to ensure the ecological sustainability of these species;

(f) setting catch limits and managing quota species in accordance with the Commonwealth Harvest Strategy Policy;

(g) issuing directions prohibiting fishing in the fishery, or part of the fishery, during specified periods, informing holders of fishing concessions about those directions, and requiring the holders to comply with the directions;

(h) granting SFRs to eligible persons;

(i) consulting with the advisory committee about the management of the fishery;

(j) in accordance with the government’s cost recovery policy, preparing annual budgets and recommended levies to recover the costs of management that are attributable to the fishing industry;

(k) identifying impediments to maximising the net economic returns to the Australian community in managing the resources of the fishery and developing strategies to minimise the effect of, or eliminate, the impediments;

(l) reviewing and, if necessary, amending the Management Plan to improve the management of the fishery at least once during:

(i) the period of 5 years commencing on the day this Plan commenced; and

(ii) each subsequent period of 5 years.

1.7 Performance criteria for assessing measures to achieve objectives

(1) For paragraph 17(5)(c) of the Act, the performance criteria for assessing the measures taken to achieve the objectives of this Management Plan are the following:

(a) that the range and cost of AFMA’s services to the fishery are reviewed annually and;

(i) the review is published; and

(ii) the management of the fishery has been carried out cost‑effectively;

(b) that the necessary risk assessments are carried out for quota species, non‑quota species and protected species;

(c) that, in cooperation with stakeholders, a plan is developed to address any high risks identified during an ecological risk assessment;

(d) that catch limits, or other appropriate measures, are set for non‑quota species if there is a risk to the sustainability of the species;

(e) that the management of quota species, including the use of catch limits, is done in accordance with the Harvest Strategy, and that actions taken in accordance with the Harvest Strategy are monitored, reviewed and, if appropriate, improved;

(f) that SFRs for each quota species are granted to eligible persons;

(g) that, subject to the provisions relating to overcatch, the TACCs for a species are not exceeded;

(h) that the advisory committee was consulted on the management of the fishery;

(i) that the costs of the management of the fishery that are attributable to the fishing industry are recovered;

(j) that impediments to maximising the net economic returns to the Australian community in managing the resources of the fishery have been identified and strategies to minimise and eliminate those impediments have been developed;

(k) that any changes to the management of the fishery are assessed for their likely effect on maximising the resources of the fishery.

(2) AFMA must assess the effectiveness of this Management Plan, including the measures taken to achieve the objectives of the Plan, at least once during:

(a) the period of 5 years commencing on the day this Plan commenced; and

(b) each subsequent period of 5 years;

by reference to the performance criteria mentioned in subsection (1) and by taking into account the advice of the advisory committee.

1.8 Persons to whom this Management Plan does not apply

This Management Plan does not apply to a person who:

(a) is engaged in recreational fishing (whether from a charter boat or otherwise); or

(b) is fishing in the AFZ in accordance with an agreement between the Commonwealth and the government of a foreign country; or

Part 2 Specific ecosystem requirements

2.1 Ecological risk management plan

(1) As soon as practicable after the commencement day, AFMA will establish an ecological risk management plan for the fishery.

(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 area of the fishery are minimised and kept at an acceptable level; and

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

(3) AFMA will review the plan from time to time to ensure it remains appropriate for maintaining ecologically viable stocks of the quota species and an ecologically sustainable fishery.

2.2 Commonwealth harvest strategy

(1) For subsection 17(5C) of the Act, the stock‑specific reference points for straddling fish stocks, highly migratory fish stocks and ecologically related fish stocks are as set out in the Eastern Tuna and Billfish Harvest Strategy (ETBF Harvest Strategy) approved by AFMA on 11 December 2007.

(2) AFMA may review the ETBF Harvest Strategy, and change it as a result of the review, to ensure that it remains appropriate for maintaining ecologically viable stocks of the quota species and an ecologically sustainable fishery.

(3) AFMA may establish, for a non‑quota species, a Harvest Strategy that is appropriate for maintaining ecologically viable stocks of those species and an ecologically sustainable fishery.

Part 3 Total allowable commercial catch (TACC)

3.2 Determination of TACC

(1) Before the start of each fishing season, AFMA must determine the TACC for each quota species for one or more seasons.

(2) When determining the TACC, AFMA must also determine:

(a) the determined weight or the determined percentage (or both) for section 4.5; and

(b) the determined percentage for section 4.6.

(3) AFMA may, by determination, vary the TACC for a fishing season before the start of the season.

(4) Before determining a TACC or any of the matters mentioned in subsection (2), AFMA must consider:

(a) information given by the advisory committee, other interested Australian and international bodies and other interested persons; and

(b) the total estimated catch by the commercial, recreational, indigenous and other users of the fishery; and

(d) the Commonwealth Harvest Strategy Policy and ETBF Harvest Strategy; and

(e) the precautionary principle; and

(f) any decisions made by the Minister or an intergovernmental Ministerial Council about resource sharing in the fishery; and

(g) the likely effect, for the fishing season, of any overcatch permitted under section 4.5.

(5) A determination of a TACC must specify the TACC, expressed as:

(a) whole weight; or

(b) another weight, as specified in the determination.

(6) If a determination of a TACC for a quota species and a fishing season is revoked or disallowed, the TACC for that species for the immediately preceding fishing season is taken to be the TACC for that species for the fishing season.

3.3 Quantity of fish that may be taken

The quota for an SFR for a quota species for a fishing season is:

Start formula start fraction T over S end fraction end formula

where:

T is the TACC for the species for the fishing season;

S is the total number of SFRs in force for the species at the start of the fishing season.

3.4 AFMA to notify TACC and quota

Before the start of each fishing season, AFMA must send a notice to each owner of a quota SFR setting out, for the relevant quota species:

(a) the TACC for the fishery and that species for the season; and

(b) the number of quota SFRs for that species held by the owner; and

(d) the owner’s quota for the season.

Part 4 Statutory fishing rights and fishing permits

Division 4.1 Who may fish in the fishery

4.1 Who may engage in commercial fishing in the fishery

(1) In this section:

commercial fishing means fishing (other than for scientific research about a primary species, a secondary species or a fishing method) using any one of the following kinds of equipment:

(a) pelagic longline equipment;

(b) minor line equipment;

(i) an SFR granted under this Plan; or

(ii) an SFR granted under another Management Plan; or

(iii) a fishing permit granted under section 32 of the Act authorising fishing in another fishery; or

(iv) a fishing permit granted under section 4.15.

(2) A person may use an Australian boat in a fishing season for commercial fishing in the fishery only in accordance with this section.

(3) A person may fish in the fishery (excluding the Coral Sea Zone) for a species using pelagic longline equipment only if:

(a) the person holds a quota SFR for that species; and

(b) the SFR has unused quota for that species for the season; and

(d) the person is using the boat nominated and registered for the boat SFR.

(4) A person may fish in the Coral Sea Zone of the fishery for a species using pelagic longline equipment only if:

(a) the person holds a quota SFR for that species; and

(b) the SFR has unused quota for that species for the season; and

(d) the person holds a longline boat SFR; and

(e) the person is using the boat nominated and registered for the longline boat SFR and the Coral Sea Boat SFR.

(5) A person may fish in the fishery for a species using minor line equipment only if:

(a) the person holds a quota SFR for that species; and

(b) the SFR has unused quota for that species for the season; and

(d) the person is using the boat that is nominated and registered for the boat SFR.

(6) Subject to subsections (7) and (8), a person may fish in the fishery for a quota species using equipment mentioned in paragraph (1)(c) only if:

(a) the person holds a quota SFR for that species; and

(b) the SFR has unused quota for that species for the season.

(7) A condition specified on an SFR granted under this Plan, or a fishing permit granted under section 4.15, must not authorise a person to take:

(a) skipjack tuna using purse seine equipment;

(b) southern bluefin tuna.

(8) (a) Subsection (6) does not apply to the holder of an eastern skipjack purse seine permit until AFMA publishes a notice under this subsection.

(b) As soon as practicable after AFMA grants SFRs under section 4.10 to persons registered as eligible for a grant under that subsection, AFMA must publish a notice in the Gazette stating that subsection (6) applies to the holder of an eastern skipjack purse seine permit.

(9) In subsections (3)‑(6), unused quota includes a weight of fish authorised to be taken under section 4.6.

(10) A person may use the nominated boat to take fish that the person proposes to use for bait if the person:

(a) is entitled under this section to fish in the fishery; and

(b) acts in accordance with any Commonwealth or State law that applies where the fishing takes place.

4.2 Foreign commercial fishing

(1) A person may use a foreign boat in a fishing season for commercial fishing in the part of the fishery that lies within the AFZ only in accordance with this section.

(2) The person must hold a foreign fishing licence that authorises the use of the boat for the fishing.

(3) If the person takes a quota species:

(a) the person must hold a quota SFR for that species; and

(b) the SFR must have unused quota for that species for the season.

(4) This section does not authorise a person to take skipjack tuna using purse seine equipment.

(5) This section does not apply to a person who uses a foreign boat:

(a) in the high seas zone; or

(b) to engage in scientific research in the fishery.

4.3 Carrying or processing fish

A person may use a boat to carry or process fish taken under section 4.1 or 4.2 only if:

(a) the boat is the nominated boat for an SFR holder; and

(b) the person is the holder of a permit, or boat SFR, that authorises the carrying or processing.

4.4 Scientific research

A person may use a boat in the area of the fishery for scientific research about the fishery only if the person holds a scientific permit that authorises the use of the boat in the area of the fishery for that purpose.

Division 4.2 Overcatch and undercatch

4.5 Obligations relating to overcatch

(1) Subsection (2) applies to the holder of a quota SFR for a quota species if:

(a) in a fishing season (the first season), the holder takes (or is taken, by a previous application of this section, to have taken) a weight of fish of the quota species that exceeds, by a percentage less than the determined percentage, the quota allocated to the quota SFRs for that species held by the holder in that season; and

(b) at the end of the last day of the second month of the following fishing season (the second season), the holder holds quota SFRs that would, but for this section, entitle the holder to take a weight of fish of that species at least equal to the weight by which the holder exceeded the quota mentioned in paragraph (a).

(2) The holder is taken to have taken:

(a) during the first season, a weight of fish of the quota species mentioned in paragraph (1)(a) that is equal to the quota allocated to the quota SFRs for the species held by the holder in the first season; and

(b) during the second season, a weight of fish of that species equal to the weight by which the holder exceeded the holder’s quota of that species in the first season, in addition to the weight actually taken by the holder in the second season.

(3) Subsection (4) applies to the holder of a quota SFR for a quota species if:

(a) in a fishing season (the first season), the holder takes (or is taken, by a previous application of this section, to have taken) a weight of fish of the quota species that exceeds the holder’s quota for that species in the season by:

(i) at least the determined percentage; and

(ii) an amount equal to or less than the sum of:

(A) the result of multiplying the holder’s quota in the first season by the determined percentage; and

(B) the determined weight; and

(b) at the end of the last day of the second month of the following fishing season (the second season), the holder holds quota that would, apart from this section, entitle the holder to take a weight of fish of that species at least equal to the sum of:

(i) the result of multiplying the holder’s quota in the first season by the determined percentage; and

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

(4) The holder is taken to have taken:

(a) during the first season, a weight of fish of the quota species mentioned in paragraph (3)(a) that is equal to the quota allocated to the quota SFRs held by the holder in the first season; and

(b) during the second season, a weight of fish of that species equal to the sum of:

(i) the result of multiplying the holder’s quota in the first season by the determined percentage; and

(ii) twice the amount by which the holder’s overcatch in the first season exceeded the determined percentage,

in addition to the weight actually taken by the holder in the second season.

(5) In this section:

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 AFMA for the purposes of this section for that species and season.

determined weight, for a quota species and a fishing season, means the weight of that species specified in a determination made by AFMA for the purposes of this section for that species and season.

(6) For this section, a quota SFR holder’s overcatch of a quota species in a fishing season is the weight of fish of that species taken by the holder in the season that exceeds the holder’s quota for that species for the season.

4.6 Obligations relating to undercatch

(1) This section applies to the holder of a quota SFR if:

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

(i) an amount of a quota species that is less than the quota for that species allocated to the SFRs held by the holder in the fishing season; or

(ii) no fish of a quota species; and

(b) in the following fishing season, (the second season), the holder holds one or more quota SFRs for that species.

(2) The holder may, during the second season, take a weight of fish of the quota species mentioned in paragraph (1)(a) that is the sum of:

(a) the quota allocated to SFRs held by the holder in the second season; and

(b) an amount equal to the lesser of:

(i) the difference between the weight of fish of that species taken by the holder in the first season and the quota allocated to the holder’s SFRs in that season; and

(ii) the result of multiplying the holder’s quota for that species in the first season by the determined percentage for that species and season.

(3) For subparagraph (2)(b)(ii), 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 AFMA for the purpose of this section for that species and season.

Division 4.3 Grant of SFRs and fishing permits

4.7 Conditions of registration as an eligible person

(1) This section applies if AFMA publishes a notice under section 24 of the Act:

(a) declaring that AFMA intends to grant SFRs for the fishery; and

(b) specifying the notice period.

(2) For paragraph 26(2)(a) of the Act, a person satisfies the conditions for registration if:

(a) before the end of the notice period, the person applied to AFMA for registration as an eligible person for a grant of 1 or more SFRs for the fishery; and

(b) immediately before the revocation of the previous Plan, the person held:

(i) a longline SFR under that Plan; or

(ii) a minor line SFR under that Plan; or

(iii) a boat permit under that Plan; or

(iv) a Coral Sea Zone permit under that Plan; and

(c) the person has not exercised an option within the meaning of section 31A of the Act arising out of the previous Plan.

(3) A person who held an eastern skipjack purse seine permit immediately before the revocation of the previous Plan (whether or not the person also held an SFR mentioned in paragraph (2)(b)) satisfies the conditions for registration if the person applied before the end of the notice period to AFMA for registration as an eligible person for a grant of 1 or more SFRs for the fishery.

4.8 Availability of grant of SFRs to longline SFR holders

For each longline SFR that an eligible person held immediately before the revocation of the previous Plan, grants of the following SFRs are available to the person:

(a) 1 striped marlin SFR; and

(b) 1 bigeye SFR; and

(d) 1 yellowfin SFR; and

(e) 1 albacore SFR;

less any SFRs granted to the person on this basis through the exercise of an option referred to in paragraph 4.7(2)(c).

4.9 Availability of grant of SFRs to minor line SFR holders

For each minor line SFR that an eligible person held immediately before the revocation of the previous Plan, grants of the following SFRs are available to the person:

(a) 455 striped marlin SFRs; and

(b) 455 bigeye SFRs; and

(d) 455 yellowfin SFRs; and

(e) 455 albacore SFRs;

less any SFRs granted to the person on this basis through the exercise of an option referred to in paragraph 4.7(2)(c).

4.10 Availability of grant of SFRs to eastern skipjack permit holders

For each eastern skipjack purse seine permit that an eligible person held immediately before the revocation of the previous Plan, grants of the following SFRs are available to the person:

(a) 455 striped marlin SFRs; and

(b) 455 bigeye SFRs; and

(d) 455 yellowfin SFRs; and

(e) 455 albacore SFRs.

4.11 Availability of grant of boat SFRs

Grants of boat SFRs are available, as follows:

(a) for each person who held a boat permit immediately before the revocation of the previous Plan, 1 longline boat SFR for each boat permit held; and

(b) for each person who owned a minor line SFR immediately before the revocation of the previous Plan, 1 minor line boat SFR for each minor line SFR owned; and

less any SFRs granted to the person on this basis through the exercise of an option referred to in paragraph 4.7(2)(c).

4.12 Limits on availability

A grant of an SFR is not available to a person under section 4.8, 4.9 or 4.11 if a grant is also available to the person under section 4.10.

4.13 Request for grant

If a person is an eligible person, the person is taken to have made a request under section 31 of the Act for a grant of an SFR or SFRs that are available to the person under this Part.

4.14 Certificate showing grant

(1) AFMA must note the following details on the certificate for an SFR:

(a) the name of the person to whom the SFR is granted;

(b) a description of the SFR;

(2) A certificate may show the grant of more than 1 SFR to a person.

(3) AFMA must give to a person to whom an SFR is granted an extract of the Register that:

(a) states the conditions to which the SFR is subject; and

(b) is signed for AFMA by a person having authority to sign it.

4.15 Permit to fish using another method

(1) The holder of a quota SFR may apply to AFMA for a fishing permit to fish in the fishery using a method other than pelagic longline fishing (the new method).

(2) AFMA may, as a condition on the permit, require the holder to hold unused quota SFRs for all quota species in order to fish using the new method.

(3) If the person takes a quota species:

(a) the person must hold a quota SFR for that species; and

(b) the SFR must have unused quota for that species for the season.

(4) A permit mentioned in this section is not transferable.

Note 1 A decision under section 4.7 (being a decision under s26 of the Act) or section 31 of the Act (grant of SFRs on request) is subject to reconsideration under section 165 of the Act (see subsection 165(2)). Application may be made to the Administrative Review Tribunal for review of a decision under section 165 of the Act (see subsection 165(7)).

Note 2 An eligible person may apply to the Statutory Fishing Rights Allocation Review Panel under section 143 of the Act for review of a decision under section 4.8, 4.9, 4.10 or 4.11.

Part 5 Obligations of SFR holders

5.1 Observers and other requirements

The holder of an SFR must:

(a) retain any by‑catch if:

(i) AFMA makes a reasonable request of the holder to do so; or

(ii) a law of the Commonwealth obliges the holder to do so; and

(b) if AFMA asks the holder to give AFMA reasonable access to biological, economic or technical information, or biological samples available to the holder — give AFMA reasonable access to the information or samples; and

Part 6 Miscellaneous

6.2 Agents

(1) If the holder of an SFR appoints a person to be the holder’s agent for a matter to which this Management Plan applies, the holder must give AFMA a notice that states:

(a) the agent’s name; and

(b) the powers the agent may exercise.

(2) A notice must have with it the instrument, or a certified copy of the instrument, appointing the agent.

(3) For this Management Plan, the agent’s appointment is of no effect unless AFMA has been notified of the appointment under subsection (1).

(4) In making a decision on an application under this Management Plan:

(a) AFMA may assume that a notice given under this section has been properly given; and

(b) AFMA need not verify, by other means, the agent’s authority to make the application.

6.3 Notices

(1) In this section:

address means:

(a) for the holder of an SFR – the holder’s address stated in the Register; and

(b) for the holder of a fishing permit – the last address recorded by AFMA for the holder of the permit.

fax number means:

(a) for the holder of an SFR – the holder’s fax number stated in the Register; and

(b) for the holder of a fishing permit – the last fax number recorded by AFMA for the holder of the permit.

notice means a notice that is required, or allowed, by this Management Plan to be given in writing.

working day, in a place, means a day that is not:

(a) a Saturday or Sunday; or

(b) a public holiday in the place; or

(2) A notice to the holder of an SFR or a fishing permit is taken to be given to the holder if it is:

(a) delivered to the holder’s residential or office address; or

(b) posted to the holder’s postal address; or

(d) sent by email to the holder’s email address.

(3) A notice given to the holder of an SFR or a fishing permit under this section is taken to have been given to the holder:

(a) if the notice is delivered to the holder’s residential or office address – on the day when it is delivered; and

(b) if the notice is sent by fax to the holder’s fax number or by email to the holder’s email address:

(i) on a working day between 9 am and 4 pm – 1 hour after the notice is sent; and

(ii) otherwise – at 9 am on the next working day after the day when the notice is sent.

(4) A notice to a person is taken to have been given to the person if it is delivered, or sent by fax or email, to the person’s last known address.

(5) A notice to AFMA must be addressed to the Manager, Licensing and Quota Management Australian Fisheries Management Authority, and:

(a) delivered to the reception desk at:

Level 6

73 Northbourne Ave

CIVIC ACT 2610; or

(b) posted to:

Box 7051

Canberra Business Centre

ACT 2610; or

(02) 6225 5426; or

(d) sent by fax (from outside Australia) to:

612 6225 5426; or

(e) sent by email to:

licensing@afma.gov.au; or

(f) delivered, posted or sent by fax or email to another office address, postal address, fax number or email address notified by AFMA by notice published in a newspaper circulating in the State or Territory in which the address or fax receiver is located.

(6) A notice given to AFMA under this section is taken to have been given to AFMA:

(a) if the notice is delivered to the address mentioned in paragraph (5)(a), or posted to the address mentioned in paragraph (5)(b) – on the day when it is delivered; and

(b) if the notice is sent by fax to the fax number mentioned in paragraph (5)(c) or (d) or by email to the email address mentioned in paragraph (5)(e):

(i) on a working day between 9 am and 4 pm – 1 hour after the notice is sent; and

(ii) otherwise – at 9 am on the next working day after the day when the notice is sent.

Schedule 1 Area of the fishery

Part 1 AFZ area (other than the Coral Sea zone)

The parts of the AFZ that are:

(a) within the area bounded by a notional line beginning at the intersection of the eastern coastline of the mainland at low water with the meridian of longitude 141° E, in the vicinity of the border between Victoria and South Australia and running:

south along that meridian to its intersection with the outer limit of the AFZ; and
generally southerly, easterly and northerly along that outer limit to its intersection with the meridian of longitude 144 28 E that is off the coast of Queensland; and
south along that meridian to its intersection with the parallel of latitude 9 54 S; and
south‑westerly along the geodesic to the point of latitude 10 15 S, longitude 144 12 E; and
southerly along the geodesic to the point of latitude 10 28 S, longitude 144 10’ E; and
west along that parallel to its intersection with the meridian of longitude 142 31 49 E; and
south along that meridian to its intersection with the northern coastline of the mainland at low water, in the vicinity of Cape York; and
generally southerly along that coastline at low water to the point where the line began; and

(b) adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28 35 S, longitude 167 25 E, and running:

east along that parallel to its intersection with the meridian of longitude 168 25 E; and
south along that meridian to its intersection with the parallel of latitude 29 50 S; and
west along that parallel to its intersection with the meridian of longitude 167 25 E; and
north along that meridian to the point where the line began.
Note: If an arrangement about a particular fishery is made under Division 3 of Part 5 of the Act, State coastal waters may be taken to be part of the AFZ for the purposes of the management of the fishery: see s.76 of the Act.

Part 2 Coral Sea zone

The part of the AFZ that is within the area bounded by a notional line beginning at the intersection of the eastern coastline of the mainland at low water with the parallel of latitude 12 S, in the vicinity of Shelburne Bay, and running:

east along that parallel to its intersection with the meridian of longitude 145 E; and
southerly along the geodesic to the point of latitude 14° S, longitude 147 E; and
southerly along the geodesic to the point of latitude 17° S, longitude 149 E; and
south along that meridian to its intersection with the parallel of latitude 18 S; and
east along that parallel to its intersection with the meridian of longitude 152 E; and
south along that meridian to its intersection with the parallel of latitude 20 28 49 S; and
west along that parallel to its intersection with the eastern coastline of the mainland at low water, in the vicinity of Proserpine; and
generally northerly along that coastline at low water to the point where the line began.

Part 3 High seas zone

The part of the Pacific Ocean, other than an area that is within the AFZ or the EEZ of a foreign country, that is within the area bounded by a notional line beginning at the intersection of the south coast of Australia and the meridian of longitude 141 E, and running:

south to its intersection with the parallel of latitude 55° S; and
east along that parallel to its intersection with the meridian of longitude 150° E; and
south along that meridian to its intersection with the parallel of latitude 60° S; and
east along that parallel to its intersection with the meridian of longitude 130° W; and
north along that meridian to its intersection with the parallel of latitude 4 S; and
west along that parallel to its intersection with the meridian of longitude 150° W; and
north along that meridian.

Note Under international law, the Exclusive Economic Zone (EEZ) of a country generally extends 200 nautical miles from the baseline of a country. However, the presence of islands and reefs may extend this limit. Holders of fishing permits should contact the coastal state (within the meaning it has in the Seas and Submerged Lands Act 1973) to determine the exact coordinates of its EEZ boundaries.

Schedule 2 Primary species of fish

Item	Common name	Scientific name
1	Albacore tuna	Thunnus alalunga
2	Bigeye tuna	Thunnus obesus
3	Billfish	Families Istiophoridae and Xiphiidae
4	Longtail tuna	Thunnus tonggol
5	Northern bluefin tuna	Thunnus orientalis
6	Rays bream (or pomfret)	Family Bramidae
7	Skipjack tuna	Katsuwonus pelamis
8	Yellowfin tuna	Thunnus albacares

Note: Endnotes

Note: Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Note: Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Note: Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Eastern Tuna and Billfish Fishery Management Plan 2010	21 Jan 2011 (F2011L00120)	22 Jan 2011 (s 1.2)
Fisheries Legislation (Management Plans) Amendment 2011 (No. 1)	19 Dec 2011 (F2011L02746)	Sch 10: 20 Dec 2011 (s 2)	—
Fisheries Management Plans Amendment 2016	3 May 2016 (F2016L00627)	Sch 2: 4 May 2016 (s 2)	—
Fisheries Management Legislation Amendment (Minor Updates to Management Plans) Instrument 2024	16 Sept 2024 (F2024L01167)	Sch 1 (item 6): 14 Oct 2024 (s 2(1) item 1)	—

Note: Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 1.2....................	rep LA 48D
s 1.3....................	am F2011L02746
Part 3
s 3.1....................	rep F2011L02746
Part 4
Division 4.1
s 4.1....................	am F2011L02746
Division 4.3
s 4.15...................	am F2024L01167
Division 4.4...............	rep F2011L02746
s 4.16...................	rep F2011L02746
s 4.17...................	rep F2011L02746
s 4.18...................	rep F2011L02746
Part 5
Part 5...................	rs F2011L02746
s 5.1....................	rs F2011L02746
	am F2016L00627
s 5.2....................	rep F2011L02746
Part 6
s 6.1....................	rep F2011L02746
s 6.3....................	am F2011L02746

1 Eastern Tuna and Billfish Fishery Management Plan 2010

Eastern Tuna and Billfish Fishery Management Plan 2010

made under section 17 of the

Fisheries Management Act 1991

Compilation No. 3

Compilation date: 14 October 2024

Includes amendments: F2024L01167

About this compilation

This compilation

This is a compilation of the Eastern Tuna and Billfish Fishery Management Plan 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

Application, saving and transitional provisions for provisions and amendments

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1.1 Name of Management Plan [see Note 1]

1.3 Definitions

1.4 Origin of geographical coordinates

1.5 Objectives (Act s 17 (5))

1.6 Measures by which objectives attained

1.7 Performance criteria for assessing measures to achieve objectives

Statutory fishing rights (SFRs). SFRs are the central property‑style instrument in the Plan. An SFR may be a quota SFR, a quota SFR that authorises taking a particular quota species, or a boat SFR that authorises use of a nominated boat for a fishing method or zone (s 1.3 definitions; Div 4.3). The Plan requires AFMA to record particulars on a certificate and to provide an extract of the Register setting out conditions (s 4.14). SFRs are the unit through which allocation and operational entitlements are expressed.

Total allowable commercial catch and quota per SFR. AFMA must determine the TACC for each quota species before the start of each fishing season (s 3.2(1)). The per‑SFR quota for a season is the TACC divided by the total number of SFRs in force for that species at the start of the season, expressed by the formula quota = T / S (s 3.3). AFMA may vary a TACC by determination before the season starts (s 3.2(3)). AFMA must also notify each quota SFR owner of the TACC, number of SFRs held, quota per SFR and the owner’s quota for the season (s 3.4).

Overcatch and undercatch. The Plan creates a multi‑step administrative mechanism to deal with overcatch and undercatch. AFMA will determine a “determined percentage” and a “determined weight” for each species and season when setting the TACC (s 3.2(2)). Overcatch exceeding the quota by less than the determined percentage can be treated as taken partly in the subsequent season provided the holder obtains sufficient quota SFRs by the end of the second month of the following season (s 4.5(1)-(2)). Overcatch equal to or exceeding the determined percentage, but within a band defined by the determined percentage and determined weight, triggers an accounting rule where the holder is treated as having taken specified additional amounts in the following season, which can include twice the excess amount beyond the threshold (s 4.5(3)-(4)). Undercatch carryover is permitted up to the lesser of the shortfall and the product of the first season’s quota times the determined percentage (s 4.6(2)). The Plan relies on day‑to‑day quota management and AFMA determination of percentages/weights to operationalise these rules.

Eligibility and transitional allocation. The Plan sets eligibility rules for registration as an eligible person when AFMA publishes a notice declaring that SFRs will be granted and specifying the notice period (s 4.7). People who held certain SFRs, boat permits or Coral Sea permits immediately before revocation of the previous Plan qualify if they apply during the notice period (s 4.7(2)). The Plan implements a large transitional allocation for holders of some pre‑existing permits, for example 455 SFRs per minor line SFR or eastern skipjack purse seine permit (ss 4.9-4.11). Section 4.12 prevents double recovery of grants where multiple categories overlap.

Spatial zoning and vessel nomination. The Plan defines an “area of the fishery” and splits it into zones in Schedule 1. It requires that, to fish using a method in a zone, an operator must hold the appropriate quota SFR and a boat SFR and use the nominated and registered boat associated with the boat SFR (s 4.1(3)-(6), (9)). For Coral Sea Zone longline fishing, both Coral Sea boat SFR and longline boat SFR must be held and the nominated boat must be registered for both (s 4.1(4)).

Ecological risk management and harvest strategy. AFMA must establish an ecological risk management plan shortly after commencement and must act to gather information on by‑catch and to minimise interactions with protected species and habitats (s 2.1). The Plan ties harvest strategy reference points to AFMA’s Eastern Tuna and Billfish Harvest Strategy approved in 2007 and allows AFMA to review or change that Harvest Strategy, and to establish harvest strategies for non‑quota species (s 2.2).

Administrative mechanics and information obligations. AFMA is required to consult the advisory committee, publish reviews of cost and service ranges, and adopt measures to recover management costs subject to government cost recovery policy (1.6(a), (i), (j) and 1.7(1)(a), (h), (i)). SFR holders must retain by‑catch where AFMA reasonably requests it and must provide AFMA reasonable access to information and biological samples upon request (s 5.1). Notices, agent appointments and the place and deemed times of service are specified in s 6.2 and s 6.3.

Discretion and determinations. Several operational levers are left to AFMA by determination or notice: TACC levels, determined percentages and weights for over/undercatch (s 3.2(2)), notice periods for registration (s 4.7(1)), and additional conditions on permits such as requiring unused quota SFRs as a condition to fish by a new method (s 4.15(2)). The Plan contains explicit processes for AFMA review and determination, and cross‑references the Act for administrative review and appeal rights (note under s 4.15).

Commercial fishers holding or seeking SFRs. The Plan directly governs persons who engage in commercial fishing for primary and secondary species in the area of the fishery, through the SFR regime. To use pelagic longline or minor line equipment in the fishery, a person must hold a quota SFR for the species, the SFR must have unused quota, and the person must hold the appropriate boat SFR with the boat nominated and registered (s 4.1(3)-(6)). The holder’s entitlement to take fish is therefore conditional on both quota availability at the SFR level and the nominated boat being properly registered.

Holders of historical permits and transitional beneficiaries. People who held longline or minor line SFRs, boat permits, Coral Sea permits or eastern skipjack purse seine permits immediately before the revocation of the previous Plan have defined transitional rights to SFR grants if they apply during the notice period (s 4.7, ss 4.8-4.11). The Plan specifies conversion ratios, including the notable allocation of 455 quota SFRs for each eastern skipjack permit or minor line SFR transferred under the transition rules (ss 4.9-4.10).

Foreign operators. Foreign boats may operate only in accordance with s 4.2. The operator must hold a foreign fishing licence that authorises use of the boat, and if a quota species is taken the operator must also hold a quota SFR for that species with unused quota for the season (s 4.2(2)-(3)). The section also clarifies where foreign boats are not authorised to operate in the AFZ and excludes skipjack purse seine activity (s 4.2(4)-(5)).

Boat owners and operators. Boat SFRs are required to use a nominated boat for certain methods and zones, and a person may only carry or process fish on a boat that is the nominated boat for an SFR holder and for which the person holds the relevant permit or boat SFR (s 4.3). The Coral Sea zone has additional boat nomination requirements for longline activity (s 4.1(4)).

AFMA and advisory committee. AFMA is the decision maker for TACCs, determinations of percentages and weights, issuing SFRs and permits, setting notice periods, and establishing the ecological risk management plan and harvest strategy (ss 3.2; 2.1-2.2). The advisory committee is the Tropical Tuna Management Advisory Committee or another committee established under the Fisheries Administration Act 1991 to advise on the fishery (s 1.3). AFMA must consult that advisory committee in assessing management (ss 1.6(i); 1.7(2)).

Non‑commercial users and by‑catch species. Recreational fishers are explicitly excluded from the Plan (s 1.8(a)). The Plan places obligations on SFR holders and AFMA in respect of by‑catch, protected species and habitat impacts and requires AFMA to gather information and minimise harmful interactions with seabirds, marine reptiles, marine mammals and protected fish species (s 2.1).

Service‑providers, data holders and researchers. The Plan creates information obligations that affect those who collect or hold biological, economic or technical data or biological samples. SFR holders must provide reasonable access to such information or samples on AFMA’s request (s 5.1(b)). Scientific research access is controlled by scientific permits (s 4.4).

Regulatory administrators and affected States. The Plan interacts with State or Territory laws for some activities such as taking bait under different legal regimes (s 4.1(10)(b)). Schedule 1 also notes that state coastal waters may be taken to be part of the AFZ for management under s 76 of the Act, meaning State coastal regimes can become directly relevant where arrangements are made under Division 3 of Part 5 of the Act (Sch 1 note).

Those who will not be regulated by the Plan. Recreational fishers, persons fishing in the AFZ pursuant to international agreements with foreign governments, and persons fishing in foreign waters with foreign boats are out of scope (s 1.8(b)-(c)).

Overall, the Plan concentrates legal entitlements, compliance obligations and reporting duties on commercial SFR holders, boat owners and AFMA, while creating ancillary administrative impacts on foreign licensees, scientists, service providers, and, in some circumstances, State regulators.

Rights granted by SFRs and certificates. AFMA must record on the SFR certificate the name of the person, a description of the SFR and that the SFR is granted for the fishery (s 4.14(1)). A certificate can show more than one SFR and AFMA must provide the holder with an extract of the Register that states the conditions to which the SFR is subject (s 4.14(2)-(3)). The core right conferred by a quota SFR is the right to take the quota allocated to that SFR in the fishing season, subject to paragraph 4.1 on who may engage in commercial fishing and the requirement that the SFR has unused quota (s 3.3; s 4.1(3)-(6)).

Eligibility and request for grant. If a person is an eligible person as defined in s 4.7, that person is taken to have made a request under s 31 of the Act for a grant of available SFRs under the conversion rules set out in Div 4.3 (s 4.13). The Plan specifies who satisfies eligibility during the notice period and what historical holdings permit registration as an eligible person (s 4.7).

Duty to hold appropriate SFRs and nominate boats. To fish using pelagic longline equipment in the AFZ (excluding the Coral Sea zone), a person must hold a quota SFR for the species with unused quota, a longline boat SFR and be using the nominated and registered boat for the boat SFR (s 4.1(3)). Coral Sea Zone longline fishing requires a Coral Sea boat SFR in addition to a longline boat SFR and the nominated boat must be registered for both (s 4.1(4)). Minor line fishing carries a parallel set of requirements related to minor line boat SFRs (s 4.1(5)).

Overcatch and undercatch accounting obligations. The Plan imposes statutory accounting and entitlement changes when an SFR holder takes more or less than their quota. Overcatch within certain bands can be treated as having been taken in the following season provided the holder holds adequate quota SFRs by a statutory deadline (s 4.5(1)-(4)). For undercatch, the holder may take an additional amount in the following season equal to the lesser of the shortfall and the product of the first season quota multiplied by the determined percentage (s 4.6(2)). AFMA determines the “determined percentage” and “determined weight” when making TACC determinations (s 3.2(2)).

Information and retention obligations. SFR holders must retain any by‑catch if AFMA makes a reasonable request or a Commonwealth law requires it, and must provide AFMA reasonable access to biological, economic or technical information or biological samples when AFMA asks (s 5.1(a)-(b)). These are mandatory duties.

Permit conditions and method changes. Holders of quota SFRs may apply for permits to fish using methods other than pelagic longline (s 4.15(1)). AFMA may impose a condition requiring the applicant to hold unused quota SFRs for all quota species to be authorised to fish by the new method (s 4.15(2)). Where quota species are taken while fishing under such a permit, the person must still hold a quota SFR for that species with unused quota (s 4.15(3)). Permits issued under s 4.15 are non‑transferable (s 4.15(4)).

Agent notification and administrative duties. Where an SFR holder appoints an agent, the holder must notify AFMA with the agent’s name, powers and the instrument of appointment, and the appointment has no effect unless AFMA has been notified (s 6.2(1)-(3)). AFMA may assume a notice has been properly given and need not verify the agent’s authority when making decisions (s 6.2(4)). Notices to AFMA and to holders are governed by s 6.3 and have specific deemed receipt rules, including timings for email and fax service.

AFMA duties. AFMA must determine TACCs before each season, specify determined percentages and weights, establish an ecological risk management plan, review that plan, and implement the ETBF Harvest Strategy or review and change it as necessary (ss 3.2; 2.1-2.2; 1.6). AFMA must also notify quota SFR owners before each season of the TACC and quota information (s 3.4).

Consultation and review rights. The Plan requires AFMA to consult the advisory committee and to assess effectiveness of the Plan at least once in each five year period (s 1.7(2)). Administrative review remedies are referenced in the note to s 4.15, including reconsideration under s 165 of the Act and ability to apply to the Administrative Review Tribunal, and review by the Statutory Fishing Rights Allocation Review Panel under s 143 for allocation decisions under ss 4.8-4.11.

Limits and prohibitions. The Plan contains explicit method and species prohibitions, for example it prohibits taking skipjack tuna using purse seine equipment and excludes southern bluefin tuna from authorisations in the Plan (s 4.1(7)). Foreign commercial fishing is subject to the foreign fishing licence requirements and limitations in s 4.2.

Collectively, the Plan creates rights to take quota expressed through SFRs and certificates, while imposing duties to hold matching boat SFRs, to observe quota accounting across seasons, to provide data and retain by‑catch on request, and to comply with AFMA determinations and permit conditions.

The Plan sets out administrative powers, compliance tasks and processes for AFMA to manage the fishery, but it does not itself list standalone criminal sanctions or penalty amounts in the text provided. Enforcement is implemented through a mix of administrative controls, recordable entitlements and cross‑referenced powers under the Act and Fisheries Administration Act 1991. The Plan makes clear that AFMA will provide compliance services, issue directions prohibiting fishing in whole or part of the fishery for specified periods, and require holders to comply with those directions (s 1.6(g)). Such directions are an operational enforcement tool identified in the Plan.

Observer and data‑driven compliance. The Plan requires SFR holders to retain by‑catch on AFMA’s reasonable request and to provide AFMA reasonable access to biological, economic or technical information and biological samples on request (s 5.1). These mandatory information and retention requirements support monitoring and enforcement by AFMA and are common measures that enable verification of catch claims and cross‑checking of logbooks or VMS data.

Administrative review and appeal pathways. The Plan refers to administrative reconsideration and review mechanisms under the Act. A decision under s 4.7 or s 31 of the Act (grant of SFRs on request) is subject to reconsideration under s 165 of the Act and application may be made to the Administrative Review Tribunal for review of a decision under s 165 (note under s 4.15). There is also a statutory allocation review pathway: an eligible person may apply to the Statutory Fishing Rights Allocation Review Panel under s 143 of the Act for review of decisions under ss 4.8 to 4.11 (note under s 4.15). These processes provide administrative remedies and oversight of AFMA decisions pertaining to entitlement granting.

Delegated enforcement duties and AFMA’s authority. While the Plan repeatedly references AFMA’s obligation to provide compliance services and to take actions to ensure adherence to the Plan (1.6(a)(ii), 1.6(g)), the detailed investigative, inspection and sanctioning powers are laws under the broader Act and Fisheries Administration Act. Users should look to the Act for offence provisions, penalty rates and enforcement procedures that operate alongside this Plan. The Plan expressly integrates AFMA’s compliance responsibility into the cost recovery and service provision model in ss 1.6 and 1.7.

Operational levers that produce enforcement effects. Several Plan mechanisms have enforcement‑like effects even though they are framed administratively. These include:

the tie between entitlement to fish and the nominated and registered boat, meaning an operator fishing without the appropriate registered boat SFR risks being outside the Plan’s authority to fish (s 4.1(3)-(6));
the non‑transferability of permits to fish by other methods (s 4.15(4)), which restricts unauthorised disposal or use of certain permits;
the deemed accounting rules for overcatch that can reallocate catch into subsequent seasons and impose multiplier effects on excesses (s 4.5(3)-(4)), creating a strong financial and operational incentive to manage within quota; and
AFMA’s ability to vary TACCs and to determine percentages and weights that materially affect quota allocations and over/undercatch treatment (s 3.2(2)-(4)).

Practical enforcement implications. Because the Plan integrates quota accounting into legal instruments (SFRs) and provides AFMA with information rights and direction powers, enforcement will rely on AFMA exercise of its Act‑based powers, observer reports, VMS and other monitoring mechanisms, the TACC and quota monitoring processes, and administrative review pathways. The Plan itself establishes the entitlement and accounting framework that enables AFMA to detect and act on non‑compliance, rather than setting out the criminal or civil penalties that might apply under the Act.

Primary legislative framework. The Plan is made under s 17 of the Fisheries Management Act 1991 and repeatedly cross‑references duties and decision pathways under that Act. Definitions in the Plan use terms with meanings set by the Act, and administrative remedies such as reconsideration under s 165 and Statutory Fishing Rights Allocation Review Panel review under s 143 are explicitly signposted in the Plan (note under s 4.15).

Fisheries Administration Act 1991. The Plan uses the advisory committee concept defined in the Fisheries Administration Act 1991 and contemplates advice from the Tropical Tuna Management Advisory Committee or another committee established by AFMA under section 54 of that Act to give advice about the fishery (s 1.3 definition of advisory committee). AFMA’s consultation obligations and use of advisory advice are embedded in performance criteria and review obligations (ss 1.6(i); 1.7(2)).

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Plan references the EPBC Act in its definitions and objectives, particularly in the context of protecting by‑catch, protected species and habitats (s 1.3 EPBC Act definition; s 2.1(2)(b)-(c)). Section 2.1 requires AFMA to take steps to minimise interactions with protected species in a manner consistent with the Plan and, by implication, obligations under the EPBC Act.

Commonwealth Harvest Strategy Policy and international instruments. The Plan requires management of quota species in accordance with the Commonwealth Harvest Strategy Policy and sets the ETBF Harvest Strategy reference points as approved by AFMA on 11 December 2007, while permitting AFMA to review and change the ETBF Harvest Strategy as needed (s 2.2). The Plan also adopts the meaning of “reference point” from the Fish Stocks Agreement (s 1.3), thereby bringing international stock management concepts into domestic allocation decisions.

Seas and Submerged Lands Act 1973 and coastal State laws. Schedule 1 includes notes that, under certain arrangements, State coastal waters may be taken to be part of the AFZ for fishery management purposes, referencing s 76 of the Act and pointing to interactions with State jurisdiction (Sch 1 note). Section 4.1(10)(b) requires a person taking fish for bait to act in accordance with any Commonwealth or State law that applies where the fishing occurs, directly linking the Plan’s operational rules to State law obligations when activities traverse State coastal waters.

Administrative law and review. Administrative review under s 165 of the Act and review by the Statutory Fishing Rights Allocation Review Panel under s 143 are integrated into the Plan (note under s 4.15). The Plan’s decisions are therefore subject to the Act’s administrative law regime and to the avenues for internal reconsideration and external review noted in the Act.

Other international or domestic obligations. The Plan requires AFMA to ensure that conservation and management measures implement Australia’s obligations under relevant international agreements (s 1.5(f)). This is a statement of AFMA’s policy duty and means that the Plan should be interpreted and applied consistently with binding international fisheries agreements to which Australia is party, subject to how those obligations are brought into domestic law.

Operational linkages. Practical compliance instruments such as VMS are referenced in definitions, indicating operational interaction with AFMA’s broader monitoring systems (s 1.3 VMS). The Plan’s requirement that AFMA publish notices, determinations and TACC information before each season means that administrative law and publication obligations under the Legislation Act and the Fisheries Management Act will shape the Plan’s application.

In short, the Plan is embedded in a network of Commonwealth fisheries and environment statutes, international obligations, State law considerations where coastal waters are involved, and administrative law review pathways. The Plan relies on AFMA’s powers and determinations under the Act to interact with those other legal instruments.

The Plan as presented is a compilation in force on 14 October 2024 (compilation date), and the endnotes record the principal legislative history and amendments up to that date. The Plan was originally registered on 21 January 2011 and commenced 22 January 2011 (Endnote 3). Subsequent amending instruments and commencement details recorded in the endnotes are:

Fisheries Legislation (Management Plans) Amendment 2011 (No. 1), registered 19 December 2011, with Sch 10 commencing 20 December 2011 (Endnote 3).
Fisheries Management Plans Amendment 2016, registered 3 May 2016, with Sch 2 commencing 4 May 2016 (Endnote 3).
Fisheries Management Legislation Amendment (Minor Updates to Management Plans) Instrument 2024, registered 16 September 2024, with Sch 1 (item 6) commencing 14 October 2024 (Endnote 3).

Endnote 4 provides a provision‑level amendment history specifying which sections were amended or replaced and by which instrument. Highlights from Endnote 4 include:

s 1.3 was amended by F2011L02746;
parts of Part 3 and Part 4 were changed by F2011L02746, with s 3.1 repealed and s 4.1 amended;
Division 4.3 changes to s 4.15 were made by F2024L01167 (Sch 1 item 6), indicating the 2024 instrument amended s 4.15;
Part 5 and s 5.1 were re‑substituted by F2011L02746 and later amended by F2016L00627;
a number of sections in the previous Plan were repealed by F2011L02746 as recorded for Div 4.4 and certain ss 4.16-4.18 and s 5.2.

The compilation also notes that some sections were editorially changed under the Legislation Act 2003 as part of preparing the registered compilation (Endnote 1 on editorial changes). The compilation explicitly states that the text shows the law as amended and in force on 14 October 2024 and lists the amending instruments and commencement details in Endnote 3 and Endnote 4.

Users should consult the Register for any uncommenced amendments or modifications not reflected in the compiled text. The compilation makes clear that uncommenced amendments are not shown and that the Register contains details for those amendments (compilation prefatory notes).

The compiled Plan itself does not list any judicial decisions, cases or litigation history. The text contains no case citations and the endnotes do not record litigation. Therefore the Plan, as provided, does not include decisions that interpret or apply its provisions.

Administrative review pathways are expressly preserved and set out as legal remedies within the broader Act. The Plan states that decisions under s 4.7 (being decisions under s 26 of the Act) or s 31 of the Act are subject to reconsideration under s 165 of the Act and that an application may be made to the Administrative Review Tribunal for review of a decision under s 165 (note under s 4.15). It also notes that an eligible person may apply to the Statutory Fishing Rights Allocation Review Panel under s 143 of the Act for review of decisions under ss 4.8-4.11 (note under s 4.15). These references signal the administrative litigation pathways available to affected persons but do not record any litigated outcomes.

Because the Plan leaves enforcement and offence provisions to the Act and related legislation, disputes involving alleged non‑compliance, challenging AFMA determinations, or contesting allocation decisions will proceed through administrative reconsideration, tribunal review or judicial review applications under the general administrative law framework rather than under the Plan itself. Practitioners should therefore examine decisions under the Act, tribunal records, and courts’ administrative law jurisprudence for any cases that interpret AFMA determinations, overcatch accounting, or allocation mechanics applied under the Plan, as those materials are outside the Plan text.

If an affected party seeks to challenge an AFMA allocation or operational decision under the Plan, the immediate procedural steps referenced in the Plan are to seek reconsideration under s 165 of the Act and then approach the Administrative Review Tribunal where appropriate, or to use the Statutory Fishing Rights Allocation Review Panel for allocation disputes under ss 4.8-4.11 (note under s 4.15). For judicial review, standard administrative law remedies in the Federal Court or Federal Circuit Court would be the likely next steps under the general judicial review jurisdiction, but those routes and any related case law are not discussed in the Plan text.

Quota dilution through conversion mechanics. The Plan’s per‑SFR quota formula is T divided by S where S is the total number of SFRs in force at the start of the season (s 3.3). The conversion rules in Div 4.3 allocate large numbers of quota SFRs to some historical permit types, for example 455 quota SFRs per minor line SFR and per eastern skipjack permit (ss 4.9-4.10). Where many SFRs exist, the quota per SFR is mechanically reduced, so holders should not treat a large number of nominal SFRs as equivalent to a proportionate share of historical catch without calculating the T/S effect. The Plan therefore creates a mechanical link between allocation counts and per‑unit value.

AFMA’s discretion over parameters that materially affect rights. AFMA determines the TACC and, when making the TACC, must also determine the “determined percentage” and “determined weight” used for overcatch and undercatch accounting (s 3.2(1)-(2)). Those determinations are not set in the Plan and can vary by species and season. The Plan gives AFMA discretion to set these parameters, which materially affect a holder’s exposure to overcatch multipliers and the amount of undercatch that can be carried forward (ss 4.5-4.6). Practitioners should treat AFMA determinations as central operational risks.

Overcatch multiplier and carryover timing. The Plan contains a two‑season accounting mechanism where overcatch in one season can be treated as if taken in the next season, and in certain cases the amount treated as taken in the second season includes twice the excess above a threshold (s 4.5(3)-(4)). This creates a potential doubling effect on overcatch beyond the determined percentage. Moreover, the holder must possess sufficient quota SFRs by the end of the second month of the following season to qualify for the deferral (s 4.5(1)(b); 4.5(3)(b)). Missing that deadline or miscalculating the required quota could convert what appeared to be manageable overcatch into a formal overage with multiplier effects.

Nominated boat and boat SFR linkage. Fishing rights are tightly linked to the nominated boat for a boat SFR. Fishing on a different vessel without a properly nominated and registered boat SFR may put the operator outside the Plan’s authorisation to take quota species (s 4.1(3)-(6)). For Coral Sea longline fishing, both Coral Sea boat SFR and longline boat SFR must be held and the nominated boat must be registered for both (s 4.1(4)). Failure to maintain accurate nominations and registrations is therefore an operational compliance risk.

Non‑transferability of certain permits. Permits issued under s 4.15 to allow fishing by another method are not transferable (s 4.15(4)). This can limit exit strategies for holders and affect commercial structuring where permit portability would otherwise be assumed.

Agent appointment invalid unless notified. An agent appointment is of no effect unless AFMA has been notified in the prescribed form with the instrument or a certified copy (s 6.2(1)-(3)). AFMA may assume proper notification and need not verify authority (s 6.2(4)). This makes the formal notification step legally decisive for effective agency arrangements.

Notice service timings and deemed receipt. The Plan has precise rules for service of notices to holders and to AFMA, with deemed times for delivery, fax and email (s 6.3(2)-(6)). For example, an emailed notice sent outside working hours is taken to be given at 9 am on the next working day (s 6.3(3)(b)). These technical rules can affect time‑critical deadlines, such as the notice period for registration as an eligible person or the deadline to acquire quota SFRs for overcatch accommodation. Missing a deemed time may have legal consequences.

Method restrictions on certain species and equipment. The Plan expressly prohibits taking skipjack tuna by purse seine equipment and excludes southern bluefin tuna from authorisation (s 4.1(7)). There is also a temporary exception for eastern skipjack purse seine permit holders until AFMA publishes a notice that subsection (6) applies (s 4.1(8)). Operators must understand these method and species restrictions to avoid operating unlawfully.

Interplay with State laws for bait and coastal waters. The Plan requires compliance with Commonwealth or State law when using the nominated boat to take fish proposed for bait (s 4.1(10)(b)). Schedule 1 notes that State coastal waters may be taken as part of the AFZ in certain arrangements, meaning state licences and coastal restrictions may apply. Overlooking State law interaction can create unexpected compliance obligations.

No penalty schedule in the Plan text. The Plan relies on the Act for enforcement and penalty provisions. Practitioners cannot find quantified penalty rates within the Plan text itself, and must consult the Fisheries Management Act and related legislation for offence definitions, penalties and enforcement procedures. The Plan’s administrative rules, however, create practical enforcement outcomes through entitlement linking and AFMA’s discretionary determinations.

Establish and maintain the correct SFRs and boat SFRs for the method and zone. Before engaging in commercial fishing using pelagic longline or minor line equipment, ensure that you hold the appropriate quota SFR for the species with unused quota for the season, and that you hold the relevant boat SFR with the boat nominated and registered for that SFR (s 4.1(3)-(6)). For the Coral Sea Zone, hold both Coral Sea boat SFR and longline boat SFR and have the nominated boat registered for both (s 4.1(4)). Check AFMA’s Register and ensure certificates and extracts reflect accurate conditions (s 4.14).

Monitor TACC determinations and per‑SFR quota. AFMA must determine TACCs and notify quota SFR owners before each fishing season (s 3.2(1); s 3.4). Calculate your quota entitlement for the season using the T/S formula in s 3.3, and track unused quota during the season. Understand that AFMA may vary the TACC pre‑season and determine the percentages and weights that affect overcatch/undercatch accounting (s 3.2(3), (2)).

Manage overcatch and undercatch proactively. Because overcatch can lead to reallocation into the following season and can incur multiplier effects (s 4.5), keep precise catch records and monitor cumulative catch relative to quota. If you anticipate overcatch, consider acquiring additional quota SFRs before the deadline stated in s 4.5 to avoid adverse carryover calculations. Similarly, understand the limit on undercatch carryover governed by the determined percentage (s 4.6).

Respond promptly to AFMA requests for by‑catch retention and information. If AFMA reasonably requests retention of by‑catch, comply (s 5.1(a)). If AFMA asks for reasonable access to biological, economic or technical information or biological samples, provide access as requested (s 5.1(b)). Maintain systems for record‑keeping and sample collection, and retain biological samples when practicable for AFMA inspection.

Ensure agent appointments and communication details are formally notified. If appointing an agent, submit the required notice with the instrument or certified copy to AFMA, because appointments are of no effect until AFMA is notified (s 6.2(1)-(3)). Keep AFMA’s contact details and formal addresses updated in your records and note the specific deemed times for receipt of notices by AFMA and holders (s 6.3(5)-(6)).

Follow permit rules for method changes and non‑transferability. If applying to AFMA for a permit to fish by a method other than pelagic longline, be prepared that AFMA may require you to hold unused quota SFRs for all quota species as a condition of the permit (s 4.15(1)-(2)). Remember that such permits are non‑transferable (s 4.15(4)), so factor this into commercial planning.

Comply with method and species prohibitions. Do not take skipjack tuna using purse seine equipment and do not take southern bluefin tuna under the Plan’s authorisations (s 4.1(7)). If you are an eastern skipjack purse seine permit holder who held a permit immediately before revocation of the previous Plan and are seeking SFRs, watch for AFMA’s notice under s 4.1(8) that activates subsection (6).

Engage with AFMA, the advisory committee and the ETBF Harvest Strategy process. Participate in AFMA consultations and advisory committee processes where feasible, because AFMA must consider advisory committee input when determining TACCs and assessing management measures (s 3.2(4)(a); s 1.6(i); s 1.7(2)). Monitor changes to the ETBF Harvest Strategy and the Commonwealth Harvest Strategy Policy which guide TACC and reference points (s 2.2).

Stay aware of jurisdictional interactions. If your activities extend into State coastal waters or involve taking bait under State law, ensure simultaneous compliance with any applicable State or Commonwealth laws (s 4.1(10)(b); Sch 1 note). If operating foreign boats, ensure the foreign fishing licence authorises the activity and obtain quota SFRs for quota species taken in the AFZ (s 4.2(2)-(3)).

Document and preserve evidence for administrative review. If you expect allocation or grant decisions under ss 4.8-4.11 to affect you, note that the Plan preserves administrative review rights via s 165 and the Statutory Fishing Rights Allocation Review Panel (note under s 4.15). Keep contemporaneous records of permit applications, AFMA notices and communications to support any reconsideration or review applications.

Maintain compliance systems for notice timings. The Plan’s deemed service rules have specific timings for email and fax service (s 6.3(3)). Implement internal protocols to send and confirm service of critical notices within working hours to avoid unintended delays in deemed receipt.

Audit SFR counts and the Register. Because quota per SFR depends on the total number of SFRs in force at the season start (s 3.3), maintain awareness of the Register entries that affect S. When planning trading, leasing or corporate restructuring, incorporate the effect of SFR counts into commercial valuation and operational planning.

In sum, compliance under the Plan requires active engagement with AFMA’s determinations and notice periods, careful quota accounting and catch monitoring, robust record keeping for information and sample requests, formalised administrative notifications for agents and vessels, and a strategic approach to SFR holdings in light of AFMA’s discretionary determinations.

Eastern Tuna and Billfish Fishery Management Plan 2010

Plain English Summary

Deep Dive

What it does

Current sections

Eastern Tuna and Billfish Fishery Management Plan 2010

Source text: opening excerpt

1 Eastern Tuna and Billfish Fishery Management Plan 2010

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Who it affects

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