17Australia’s national catch allocation and provisional national catch allocation

17 Australia’s national catch allocation and provisional national catch allocation

17.1 This clause applies to seasons that commence after the commencement of this plan.

17.2 AFMA must determine the amount of Australia’s national catch allocation for each season to be an amount that does not exceed 95 per cent of the allocation to Australia under any decision, made under paragraph 3 of article 8 of the Convention, by the Commission, that applies to the season.

17.2A AFMA may determine the amount of Australia’s national catch allocation for one or more seasons if the Commission has made a decision, under paragraph 3 of article 8 of the Convention, about the allocation to Australia for those seasons.

17.2B Before the commencement of a season for which AFMA has determined the national catch allocation, AFMA may, by determination, vary the national catch allocation for that season if any of the following circumstances apply:

(a) AFMA receives evidence of stock deterioration in the SBT Fishery area;

(b) AFMA receives new scientific evidence relevant to the SBT Fishery area;

(c) the Southern Bluefin Tuna Management Advisory Committee recommends that AFMA vary the national catch allocation;

(d) the Minister gives a direction to AFMA under section 91 of the Fisheries Administration Act 1991 that affects the SBT Fishery area;

(e) the national catch allocation for the season immediately before the current season was exceeded.

17.4 If, 1 month after the commencement of a season, the Commission has not made a decision that applies to the season, AFMA may either:

(a) proceed to determine Australia’s national catch allocation for the season without a decision from the Commission; or

(b) determine a provisional national catch allocation for the season.

17.6 If, 7 months after the commencement of a season:

(a) the Commission has not made a decision that applies to the season; and

(b) AFMA has not already determined the national catch allocation for the season under paragraph 17.4(a);

AFMA must determine the amount of the national catch allocation for the season.

17.6A An allocation determined for a season under subclause 17.4 or 17.6 must not exceed:

(a) if the allocation is for the season commencing on 1 December 2020—95 per cent of Australia’s national catch allocation determined by AFMA for the previous season; or

(b) in any other case—Australia’s national catch allocation determined by AFMA for the previous season.

17.7 If the Commission makes a decision that applies to a season after AFMA has determined Australia’s national catch allocation for the season under subclause 17.4 or 17.6: