Fisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026

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Commonwealth Coat of Arms of Australia

 

Fisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026

I, Wez Norris, Chief Executive Officer, Australian Fisheries Management Authority make the following Temporary Order.

Dated  24 March 2026  

Wez Norris

Chief Executive Officer, Australian Fisheries Management Authority

 

 

 

Contents

1  Name

2  Commencement

3  Cessation

4  Authority

5  Definitions

6 Temporary order

 

1  Name

  This instrument is the Fisheries Management Act 1991 (Southern Bluefin Tuna Algal Bloom) Temporary Order No.1 2026.

2  Commencement

 (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

• Commencement information
• Column 1 Column 2 Column 3
• Provisions Commencement Date/Details
• 1-6 Commence on date of registration

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Cessation

  This instrument ceases to have effect on 30 April 2026.

4  Authority

  This instrument is made under s43 of the Fisheries Management Act 1991(the Act).

5  Definitions

  In this instrument:

Act means the Fisheries Management Act 1991.

holder means holder of a licence, permit or right:

1.       means:
2.        the person to whom the licence, permit or right was granted; or
3.        if the permit or right has been transferred—the person to whom the    permit or right was last transferred; and
4.       in the case of a statutory fishing right that is leased to another person by a lease registered under section 46 of the Act—includes the lessee of the statutory fishing right.

Quota means for a holder, in a season, the total live weight value of all statutory fishing rights in the Southern Bluefin Tuna Fishery of the holder for the season.

Southern Bluefin Tuna Fishery means the fishery administered by the Southern Bluefin Tuna Management Plan

Southern Bluefin Fishery Management Plan means the Southern Bluefin Tuna Fishery Management Plan 1995 made under s17 of the Act, for the purposes of managing Southern Bluefin Tuna.

 

6 Temporary order

1.                 Holders, or those acting on behalf of a concession holder, using a tow cage to transport Southern Bluefin Tuna in an area regulated by the Southern Bluefin Tuna Fishery Management Plan that has been affected by harmful algal bloom can operate in accordance with the following:

 

1.        if the holder was transporting Southern Bluefin Tuna and the holder becomes aware the tow cage was affected by the harmful algal bloom the holder may apply to AFMA to release the Southern Bluefin Tuna in a location outside of the affected area.

 

1.       if AFMA approves release of the Southern Bluefin Tuna, AFMA  may give the holder conditions to which the approval is subject.

 

1.                 If:
2.        the holder releases a quantity of Southern Bluefin Tuna in accordance with the conditions provided by AFMA under s1(b) above, and
3.       the fish are alive and vigorous upon release

 

the weight of the fish released does not count against the holder’s quota as estimated under subclause 22A.1(g) Southern Bluefin Tuna Fishery Management Plan.