Fisheries Management Regulations 1992

Part 1—Preliminary

1 Name of Regulations

These Regulations are the Fisheries Management Regulations 1992.

2 Commencement

These Regulations commence when section 168 of the Fisheries Management Act 1991 commences.

3 Interpretation

(1) In these Regulations, unless the contrary intention appears:

Act means the Fisheries Management Act 1991.

Australian port means a port in Australia or an external Territory.

authorised area, in relation to a foreign boat, means an area in the AFZ in which the boat may be used to take, process or carry fish under a foreign fishing licence.

boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:

(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;

(b) the Northern Prawn Fishery Management Plan 1995;

(d) the Western Tuna and Billfish Fishery Management Plan 2005.

coast radio station means an Australian coast radio station operated by the Overseas Telecommunications Corporation or the Australian and Overseas Telecommunications Corporation.

concession holder means the holder of a licence, permit or right that is a fishing concession.

declared fishery means a fishery in respect of which AFMA has published a declaration under subsection 91(1) of the Act.

designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:

(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002;

(b) the Heard Island and McDonald Islands Fishery Management Plan 2002;

(d) the Small Pelagic Fishery Management Plan 2009;

(e) the Southern Bluefin Tuna Fishery Management Plan 1995.

free area, in relation to an applicant for, or the holder of, a fishing permit, means a part of a fishery:

(a) to which the permit applies; and

(b) in relation to which section 7 of the Fisheries Legislation (Consequential Provisions) Act 1991 does not apply.

gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under any of the following:

(a) the Northern Prawn Fishery Management Plan 1995;

(b) the Southern Squid Jig Fishery Management Plan 2005.

infringement notice means a notice issued under regulation 38.

nominated boat, in relation to a fishing concession, means a boat that has been nominated for the fishing concession in accordance with regulation 9B.

operating, in relation to a vessel monitoring system, means sending a signal that:

(a) is in a format that has been approved by AFMA; and

(b) identifies accurately the location of the vessel monitoring system.

quota statutory fishing right means a right described in paragraph 21(1)(a) of the Act.

relevant offence means an offence against section 93 or 95 of the Act.

relevant penalty, in relation to a relevant offence, means the penalty prescribed in regulation 46.

Southern Bluefin Tuna has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.

Subsidiary Agreement means the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long‑line Fishing signed on 10 December 1991 and published by the Department.

tender means a tender for the grant of a fishing right.

vessel monitoring system has the meaning given by subsection 167B(4) of the Act.

(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

(3) In these Regulations, unless the contrary intention appears, a reference to a fishery mentioned in regulation 4B is a reference to the fishery so mentioned.

Part 2—Application of Act to areas outside the AFZ

4 Antarctic waters

For subsection 8(1) of the Act, the Act applies in relation to all waters within 200 nautical miles outwards of the baseline by reference to which the territorial limits of the Australian Antarctic Territory are defined under international law, to:

(a) Australian citizens; and

(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

(d) persons on board Australian boats.

4AA High seas fishing zone—Southern Bluefin Tuna

(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (3) that is outside the AFZ (the high seas fishing zone), to:

(a) Australian citizens; and

(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

(d) persons on board Australian boats.

(2) However, the Act does not apply in relation to the high seas fishing zone to any of those persons or boats that are not fishing Southern Bluefin Tuna (Thunnus maccoyii) or Northern Bluefin Tuna (Thunnus thynnus).

(3) The area of waters is the area bounded by a line:

(a) beginning at the equator at its intersection with the meridian of longitude 50 west; and

(b) running:

(i) from there east along the equator, to its intersection with the meridian of longitude 140 west; and

(ii) from there south along that meridian to its intersection with the parallel of latitude 60 south; and

(iii) from there west along that parallel to its intersection with the meridian of longitude 50 west; and

(iv) from there north along that meridian to the point where the line began.

Note: To find out where the outer limits of the AFZ are, see the definition of Australian fishing zone in subsection 4(1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.

4AB Convention on the Conservation of Antarctic Marine Living Resources sub‑area 58.5.2

(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (2) that is outside the AFZ, to:

(a) Australian citizens; and

(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

(d) persons on board Australian boats.

(2) The area of waters is the area bounded by a line:

(a) beginning at latitude 55 south, longitude 60 east; and

(b) running:

(i) from there north along the meridian of longitude 60 east to its intersection with the parallel of 53 14' south; and

(ii) from there generally east south‑easterly along the geodesic to latitude 53 14 07 south, longitude 67 03' 20" east; and

(iii) from there north‑easterly along the geodesic to latitude 52 42' 28" south, longitude 68 05' 31" east; and

(iv) from there north‑easterly along the geodesic to latitude 51 58' 18" south, 69 44' 02" east; and

(v) from there north‑easterly along the geodesic to latitude 51 24' 32" south, longitude 71 12' 29" east; and

(vi) from there north‑easterly along the geodesic to latitude 51 03' 09" south, longitude 72 28' 28" east; and

(vii) from there north‑easterly along the geodesic to latitude 50 54' 23" south, longitude 72 49' 21" east; and

(viii) from there north‑easterly along the geodesic to latitude 49 49' 34" south, longitude 75 36' 08" east; and

(ix) from there north‑easterly along the geodesic to latitude 49 24' 07" south, longitude 76 24' 17" east; and

(x) from there east along that parallel to its intersection with the meridian of longitude 80 east; and

(xi) from there south along that meridian to its intersection with the parallel of latitude 55 south; and

(xii) from there west along that parallel to the point where the line began.

4AC South Tasman Rise

(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to:

(a) Australian citizens; and

(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

(d) persons on board Australian boats.

(2) The area of waters is the area bounded by a line:

(a) beginning at the intersection of the outer limit of the AFZ with the meridian of longitude 150 00' east; and

(b) running:

(i) from there south along that meridian to its intersection with the parallel of 48 30' south; and

(ii) from there west along that parallel to its intersection with the meridian of longitude 146 30' east; and

(iii) from there north along that meridian to the intersection with the outer limit of the AFZ; and

(iv) from there generally north easterly along that outer limit to the point where the line began.

4AD Further area to which the Convention on the Conservation of Antarctic Marine Living Resources applies

(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to:

(a) Australian citizens; and

(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

(d) persons on board Australian boats.

(2) The area of waters is the area bounded by a line beginning
at latitude 62º south, longitude 30º east and running progressively:

 east along the parallel of latitude 62º south to its intersection with the meridian of longitude 60º east

 north along that meridian to its intersection with the parallel of latitude 55º south

 east along that parallel to its intersection with the meridian of longitude 89º east

 south along that meridian to its intersection with the parallel of latitude 64º south

 west along that parallel to its intersection with the meridian of longitude 80º east

 south along that meridian to its intersection with
the baseline by reference to which the territorial limits
of the Australian Antarctic Territory are defined under international law

 generally westerly along that baseline to its intersection with the meridian of longitude 30º east

 north along that meridian to the point where the line began.

Part 2A—Application of amendments of the Treaty

4A Amendment of the Treaty

For the purposes of subsection 4(7) of the Act, the amendments of the Treaty set out in Schedule 4:

(a) have effect for the purposes of the Act; and

(b) take effect for the purposes of the Act on 16 June 1993.

Part 2B—Fisheries and described areas

4B Described areas of waters within the AFZ

For the purpose of managing fishing activities in certain areas of the AFZ, the following areas are described.

Item	Name	Area
1	Coral Sea Fishery	The area described in Part 2 of Schedule 1A
2	Eastern Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method	The area described in Division 1 of Part 2B of Schedule 1A
3	Norfolk Island Offshore Demersal Finfish Fishery	The area described in Part 5A of Schedule 1A
4	North West Slope Trawl Fishery	The area described in Part 6 of Schedule 1A
5	South Tasman Rise Fishery	The area described in Part 11A of Schedule 1A
6	Western Deepwater Trawl Fishery	The area described in Part 12 of Schedule 1A
7	Western Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method	The area described in Part 12A of Schedule 1A

Note: AFMA may regulate the fishing activities described above by taking actions under certain provisions of the Act, such as sections 32, 33, 34 and 91.

Note to item 2 The area of the Eastern Skipjack Fishery is divided into sub‑areas in Division 2 of Part 2B of Schedule 1A.

Note to item 7 The area of the Western Skipjack Fishery is made up of the sub‑areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A.

4C Eastern Tuna and Billfish Fishery—sectors etc

(1) For the purposes of the management of the Eastern Tuna and Billfish Fishery, the Fishery is taken to be divided into the following sectors:

(a) the ML Sector, being commercial fishing for tuna by any method, except pelagic longlining, purse‑seining or poling; or

(d) the PLL (Sub‑area 1) Sector, being commercial fishing for tuna in Sub‑area 1 by the pelagic longlining method; or

(e) the PLL (Sub‑area 2) Sector, being commercial fishing for tuna in Sub‑area 2 by the pelagic longlining method; or

(f) the PLL (Sub‑area 4) Sector, being commercial fishing for tuna in Sub‑area 4 by the pelagic longlining method; or

(g) the PLL (Sub‑area 5) Sector, being commercial fishing for tuna in Sub‑area 5 by the pelagic longlining method; or

(h) the PLL (Sub‑area 6) Sector, being commercial fishing for tuna in Sub‑area 6 by the pelagic longlining method; or

(i) the PLL (Sub‑area 7) Sector, being commercial fishing for tuna in Sub‑area 7 by the pelagic longlining method; or

(j) the PLL (Sub‑area 8) Sector, being commercial fishing for tuna in Sub‑area 8 by the pelagic longlining method; or

(k) the PLL (Sub‑area 9) Sector, being commercial fishing for tuna in Sub‑area 9 by the pelagic longlining method; or

(ka) the PLL (Sub‑area 10) Sector, being commercial fishing for tuna in Sub‑area 10 by the pelagic longlining method.

(2) In subregulation (1), a reference to a Sub‑area by number
is a reference to the Sub‑area of that number described in Division 2 of Part 3 of Schedule 1A.

(3) In this regulation, tuna means:

(a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish) except:

(i) fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and

(ii) Southern Bluefin Tuna (Thunnus maccoyii (Castelnau)) and Northern Bluefin Tuna (Thunnus thynnus); and

(b) fish of the families Istiophoridae and Xiphiidae (commonly known as billfish); and

Part 2C—Regulation etc. of certain practices

4D Requirements relating to boats used by persons engaged in fishing in the AFZ

(1) For section 14 of the Act, this regulation sets out requirements relating to boats used by persons engaged in fishing in the AFZ.

(2) A person commits an offence if:

(a) the person uses a boat to engage in a fishing‑related activity in the AFZ; and

(b) the boat is more than 130 metres in length.

Penalty: 25 penalty units.

(3) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Part 3—Administration of fishing concessions

Division 1—Auctions and ballots for fishing rights

5 Auction for the grant of a fishing right

(1) For subsection 28(1) of the Act, if a grant of a fishing right is to be made by auction, AFMA may set a reserve price for the grant before the day on which the auction is to be held.

(2) If the person who made the highest bid at the auction is unable to pay the charge applicable in relation to the grant, AFMA must offer the grant to the person who made the second‑highest bid.

(3) If the person who made the second‑highest bid at the auction is unable to pay the charge applicable in relation to the grant, AFMA must offer the grant at a new auction.

6 Ballot for the grant of a fishing right

(1) For paragraph 168(2)(c) of the Act, if a grant of a fishing right is to be made by ballot:

(a) the Minister must appoint a person as his or her representative; and

(b) the procedures set out in subregulation (2) are prescribed to select the person to whom the grant will be made.

(2) The procedures are as follows:

(a) AFMA must write the name of each eligible person on a separate piece of paper (the ballot paper) that is the same size as the other ballot papers;

(b) AFMA must ensure that the representative is present when the ballot is conducted;

(d) AFMA must place the ballot papers in a container within which the papers cannot become snagged or trapped;

(e) AFMA must shake or turn the container to mix the ballot papers;

(f) the representative must draw 1 ballot paper at a time from the container until it is empty;

(g) AFMA must record the names of the eligible persons in the order in which the names were drawn.

Division 2—Tenders

Subdivision A—Preliminary

7 Purpose of Division

For sections 28 and 168 of the Act, this Division sets out the procedures to be followed for selecting, by a tender process, the persons to whom a grant of a fishing right will be made available under section 29 of the Act.

Note: The conditions of tender may stipulate that fishing rights are available only in ‘bundles’ of a specified number.

8 Definitions for Division

In this Division:

precedence list has the meaning given in paragraph 28(d) of the Act.

reserve price means the minimum bid amount that will be accepted as a tender.

tender manager, in relation to a tender process, means:

(a) if AFMA appoints an independent tender manager under paragraph 8A(a)—that independent tender manager; or

(b) if AFMA does not make an appointment under paragraph 8A(a)—AFMA.

8A Administration of the tender process

If a grant of fishing rights is to be made by tender:

(a) AFMA may manage the tender process itself or may appoint an independent tender manager to manage the process on AFMA’s behalf; and

(b) AFMA may appoint a probity auditor to oversee the tender process.

Subdivision B—Applications under subsection 26(1) and the tender process

8B Applications under subsection 26(1) of the Act

If a person has applied for registration under subsection 26(1) of the Act:

(a) the application must be sealed in an opaque envelope on which is written the word ‘registration’ (registration envelope); and

(b) the registration envelope and the envelope referred to in paragraph 27(3)(b) of the Act (the tender envelope) must be submitted together enclosed in a sealed opaque envelope (outer envelope).

Note: See also subsections 27(2) and (3) of the Act in relation to what must accompany a tender, and how a tender is to be submitted.

8C Opening outer envelopes

(1) As soon as practicable after the closing date for tenders, the tender manager is to open each outer envelope.

(2) The tender manager must ensure, if AFMA has appointed a probity auditor for the tender process, that the auditor and the tender manager are present at the opening of the outer envelopes.

(3) The following procedure must then be carried out:

(a) for each outer envelope, the tender manager is to open the registration envelope inside it and record:

(i) the name of the person who submitted the enclosed registration application; and

(ii) whether a sealed tender envelope was submitted with the application; and

(iii) whether any other conditions of the tender in relation to the contents of, or markings on, the outer envelope have been complied with;

(b) the tender manager must not open any tender envelope, but is to nominate a place where the sealed tender envelopes will be kept until they are opened under regulation 8F;

(c) the tender manager is to keep the original registration applications and, if the tender manager is not AFMA, give the applications to AFMA;

(d) AFMA:

(i) is to assess the registration applications, under section 26 of the Act, to determine each applicant’s eligibility for the grant of fishing rights in accordance with the conditions for registration in the Act and the plan of management for the fishery concerned; and

(ii) if the tender manager is not AFMA—is then to give the tender manager a list of the eligible persons.

Subdivision C—Ranking and recording of tenders

8D Application procedures if fishery is divided into sectors

If:

(a) the fishery in which fishing rights are to be allocated is divided into sectors; and

(b) fishing rights in 2 or more sectors of the fishery are to be allocated by 1 tender process;

the tender manager is to carry out the ranking procedure set out in this Subdivision for each of those sectors.

8E Procedures for reserve price

If AFMA sets a reserve price, AFMA must, before the closing time for tenders, give a written statement of the reserve price in a sealed envelope (the reserve price envelope) to the tender manager.

8F Tenders—recording and ranking

The procedure for recording and ranking tenders is as follows:

(a) the tender manager is to open the tender envelope for each registered person;

(b) the tender manager is to record, for each registered person:

(i) the person’s name; and

(ii) the amount bid by the person per fishing right; and

(iii) whether the person’s bid is invalid and, if it is, the reason why it is invalid (see paragraph (c) and regulation 8G for how invalid bids are dealt with); and

(iv) any other information required by the conditions of tender;

(c) unless the bid is invalid, the tender manager is to rank the tenders submitted by registered persons according to the amount bid per fishing right;

(d) if 2 or more tenderers bid the same amount per fishing right, they are to be ranked equally;

(e) if AFMA has set a reserve price, the tender manager is then to open the reserve price envelope and record, for each tender, whether the amount bid is less than, equal to or higher than the reserve price (see regulation 8G for how bids that do not meet the reserve price are dealt with);

(f) if the conditions of tender set a minimum number of fishing rights that a tenderer may acquire, the tender manager is then to record, for each tender, whether the minimum number that the tenderer will accept is equal to or more than the minimum number set by the conditions;

(g) if the conditions of tender set a maximum number of fishing rights that a tenderer may acquire, the tender manager is then to record, for each tender, whether the maximum number that the tenderer will accept is equal to or less than the maximum number set by the conditions;

(h) subject to regulation 8G, the tender manager is to prepare a precedence list setting out for each registered person who tendered:

(i) the person’s name and contact details; and

(ii) the amount bid per fishing right; and

(iii) if the conditions of tender allow a tenderer to specify the maximum number of fishing rights that the tenderer is prepared to acquire, or the minimum number of fishing rights that the tenderer will accept, at the amount bid—those maximum and minimum numbers;

(i) if the conditions of tender allow a tenderer to acquire less than all of the available fishing rights—the precedence list must also set out the matters provided for in regulation 8H;

(j) the tender manager is then to give AFMA a report incorporating the precedence list.

8G Certain persons not to be placed on precedence list

(1) If:

(a) a registered person has tendered; and

(b) either the bid is less than the reserve price or is invalid;

then the person is not to be recorded on the precedence list.

Note: A grant of a fishing right is made to persons on the precedence list only—see section 29 of the Act.

(2) For a person who, under subregulation (1), is not recorded on the precedence list, the tender manager must record:

(a) the person’s name; and

(b) the reason why the person is not recorded on the precedence list.

8H Procedures if tenderer can acquire less than all available rights

(1) For paragraph 8F(i), the precedence list must also set out the number of fishing rights to which each tenderer is entitled, determined as set out in subregulations (3), (4), (5), (6) and (7).

(2) Subregulation (1) applies whether or not the conditions of tender also allow a tenderer to specify, at the amount tendered per fishing right:

(a) the maximum number of fishing rights that the tenderer is prepared to acquire; or

(b) the minimum number of fishing rights that the tenderer will accept.

(3) For each tender, if the highest‑ranked tenderer has tendered
for less than all the available fishing rights, the next‑highest‑ranked tenderer is entitled to the lesser of:

(a) the remaining number of fishing rights; and

(b) the number of fishing rights that that tenderer has tendered for;

and so on.

(4) If:

(a) a tenderer nominates a minimum number of fishing rights that the tenderer will accept for an amount bid; and

(b) that number is greater than the number of fishing rights remaining after deducting the entitlements of all higher‑ranked tenderers from the total number of fishing rights offered;

the tenderer is not to be entitled to those fishing rights, even if the amount bid per fishing right is higher than that of the next‑highest‑ranked tenderer.

(5) If a tenderer does not nominate a minimum number of fishing rights that the tenderer will accept for an amount bid, the tenderer is taken to have nominated, as the minimum number at that amount:

(a) 1 fishing right; or

(b) if AFMA has set a minimum number of fishing rights that a person may accept—that number.

(6) If 2 or more tenderers are equally ranked, their respective entitlements to fishing rights are to be proportional to the maximum number of fishing rights that each is prepared to accept at the amount bid.

(7) However, a tender is to be disregarded if the granting of entitlements in accordance with subregulation (6) would lead to the tenderer being granted less than any minimum number of fishing rights that:

(a) the tenderer would accept; or

(b) the conditions of tender specify as the minimum that a tenderer may acquire.

Division 3—Miscellaneous

9 Period for payment in relation to a fishing concession

For the purposes of paragraph 39(c), the prescribed period is 21 days.

Note: The effect of paragraph 39(c) of the Act is that if a person who holds a fishing concession does not pay, or arrange to pay, any fee, levy, charge or other money relating to the concession within the prescribed period after the time at which it becomes due, AFMA may cancel the concession.

Part 3A—Standard conditions for fishing concessions

Division 1—Introductory

9A Definitions for Part 3A

In this Part:

observer means a person approved by AFMA to carry out the functions of an observer.

trip means:

(a) for the Heard Island and McDonald Islands Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or

(b) for the Macquarie Island Toothfish Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or

(c) for the high seas—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or

(d) in any other case—a voyage in a boat to Australia or from Australia for the purpose of exercising a right under a fishing concession.

Division 1A—Nominated boats

9AA Conditions

For section 42B of the Act, this Division prescribes conditions that apply to certain fishing concessions.

9AB Nominated boat must be used on trip

Fishing permits

(1) A boat must not be used on a trip for the purpose of exercising a right under a fishing permit unless:

(a) the boat is:

(i) specified in the permit; or

(ii) nominated to the permit under subsection 32(1A) or (1B) of the Act and in accordance with regulation 9B; and

(b) the boat meets the requirements mentioned in subparagraph 9B(3)(f)(i) and the safety standards mentioned in subparagraph 9B(3)(f)(ii).

Statutory fishing rights

(2) A boat must not be used on a trip for the purpose of exercising a right under a statutory fishing right mentioned in subregulation (3) unless:

(a) the boat is nominated to the statutory fishing right in accordance with regulation 9B; and

(b) the boat meets the requirements mentioned in subparagraph 9B(3)(f)(i) and the safety standards mentioned in subparagraph 9B(3)(f)(ii).

Note: It is not necessary to nominate a boat to a quota statutory fishing right granted under any of the following:

(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;

(b) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;

These quota statutory fishing rights are not designated quota statutory fishing rights.

(3) For subregulation (2), the fishing concessions are the following:

(a) a boat statutory fishing right;

(b) a gear statutory fishing right;

9B Nomination of boats to certain fishing concessions

(1) The holder of a fishing concession that is:

(a) a boat statutory fishing right; or

(b) a gear statutory fishing right; or

may nominate a single boat to the fishing concession.

Note: See also subsections 32(1A) and (1B) of the Act in relation to the nomination of a boat for the purposes of a fishing permit.

(2) The holder of a fishing concession that is a designated quota statutory fishing right granted under a particular management plan may nominate one or more boats to all the designated quota statutory fishing rights held by that holder under that management plan.

(3) The holder of a fishing concession may nominate a boat to a fishing concession under subregulation (1) or (2) only if:

(a) the owner of the boat has consented to its nomination; and

(b) the boat has not been nominated by another person for another fishing concession; and

(c) for a fishing concession that is not a designated quota statutory fishing right—another boat has not been nominated to the fishing concession; and

(d) the boat is able to carry safely an observer, the observer’s safety equipment and the observer’s monitoring equipment for the duration of a trip; and

(e) the boat has a vessel monitoring system that is capable of being operational at all times; and

(f) the boat meets:

(i) any requirements of the Act and these Regulations that apply to the boat; and

(ii) any safety standards required by AFMA.

(4) The nomination of a boat to a fishing concession:

(a) must be made using the approved form, and must be lodged with AFMA; and

(b) takes effect on:

(i) the day on which AFMA enters the name of the boat on the register or record applicable to the fishing concession; or

(ii) a later day specified in the nomination.

(5) The holder of a fishing concession may nominate another boat to a fishing concession (the other boat), to replace a nominated boat for that fishing concession, if:

(a) the fishing concession is not suspended under section 38 of the Act; and

(b) the requirements of subregulation (3) are met for the other boat.

Note: For the nomination of another boat under a fishing permit, see also paragraph 32(1A)(b) and subsection 32(1B) of the Act.

(6) A nomination of another boat to a fishing concession under subregulation (5):

(a) must be made using the approved form, and must be lodged with AFMA; and

(b) takes effect on:

(i) the day on which AFMA enters the name of the other boat on the register or record applicable to the fishing concession; or

(ii) a later day specified in the new nomination.

9BA Revocation of nomination of boats to fishing concessions

(1) The holder of a fishing concession may revoke a nomination of a boat to the fishing concession.

(2) A revocation of a nomination of a boat:

(a) must be made using the approved from, and must be lodged with AFMA; and

(b) takes effect on:

(i) the day on which AFMA removes the name of the boat on the register or record applicable to the fishing concession; or

(ii) a later day specified in the revocation.

Division 2—Vessel monitoring system

9C Conditions

For section 42B of the Act, this Division sets out conditions that apply to fishing concessions.

9D Concession holder to ensure that vessel monitoring system is operational

(1) A concession holder must ensure that the vessel monitoring system on a nominated boat is operational at all times.

(2) If the vessel monitoring system stops operating, the concession holder must ensure that AFMA is informed as soon as practicable after the concession holder becomes aware that the VMS has stopped operating.

Division 3—Observers

Subdivision 1—Conditions

9E Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.

9F Concession holder to ensure provision for observer and equipment to be carried

(1) If AFMA directs a concession holder to carry an observer on a nominated boat, the concession holder must ensure that:

(a) an observer; and

(b) the observer’s safety equipment; and

are on board the boat when the boat commences the trip to which the direction applies.

(2) The concession holder must ensure that the observer is provided with adequate food and accommodation while the observer is on board the boat during a trip.

(3) The concession holder must ensure that the observer is carried safely on the boat.

9G Concession holder to ensure observer enabled to perform functions

(1) If an observer is on board a nominated boat during a trip, the concession holder must ensure that the observer:

(a) is given assistance by the concession holder, the master of the boat and crew members of the boat; and

(b) is given access to all parts of the boat;

to the extent reasonably necessary to permit the performance of the functions of the observer.

(2) The concession holder must not interfere with, or obstruct, the observer in the course of collecting data or samples.

(3) The concession holder must ensure that:

(a) the master of the boat; and

(b) crew members of the boat;

do not interfere with, or obstruct, the observer in the course of collecting data or samples.

Division 4—Disposal of fish

9H Conditions

For section 42B of the Act, this Division sets out conditions that apply to fishing concessions.

9I Fish to be disposed of to fish receiver permit holder

(1) This regulation applies if AFMA has declared a fishery, under subsection 91(1) of the Act, to be a fishery to which Division 2 of Part 6 of the Act applies.

(2) A concession holder for the fishery must ensure that fish taken and retained under the fishing concession are disposed of only to a holder of a fish receiver permit.

Division 5—Catch limits—fishing for tuna in northern waters

Subdivision 1—Introductory

9J Definitions for Division 5

In this Division:

northern waters means the area described in Part 1 of Schedule 5.

tuna means fish:

(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); and

(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and

9K Interpretation

For this Division, a fish that is on a boat at the end of a trip is to be treated as having been taken during the trip.

Subdivision 2—Catch limits

9L Conditions

(1) For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:

(a) a foreign fishing licence that authorises the use of a boat for taking tuna in northern waters;

(b) a fishing permit that authorises the use of a boat for taking tuna in northern waters;

(2) The concession holder may take fish of a species mentioned in Part 2 of Schedule 5 from northern waters.

(3) For a species mentioned in Division 1 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 2 fish of the species.

(4) For a species mentioned in Division 2 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 10 fish of the species.

(5) For a species mentioned in Division 3 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 20 fish of the species.

Note: There are no limits on taking a species mentioned in Division 4 of Part 2 of Schedule 5.

Division 6—Catch limits for fishing in Victorian waters

Subdivision 1—Introductory

9M Definitions for Division 6

In this Division:

crustacean means any species of the phylum Crustacea.

finfish means fish of the class Osteichthyes.

giant crab includes a king crab.

mollusc means any invertebrate of the phylum Mollusca.

possess, in relation to fish on a nominated boat, includes control.

trawling includes board trawling, midwater or pelagic trawling and Danish seining.

tuna means fish:

(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and

Victorian waters means the area described in Division 1 of Part 1 of Schedule 6.

9N Interpretation

(1) For this Division, the weight of a fish is taken to be the weight of the whole fish before it has undergone any preparation.

(2) For this Division, if a concession holder lands fish at a place on or within the coastline of Victoria, the concession holder is to be treated as having taken the fish in Victorian waters.

Subdivision 2—Catch limits

9O Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:

(a) a foreign fishing licence that authorises the use of a boat for fishing in Victorian waters;

(b) a fishing permit that authorises the use of a boat for taking fish in Victorian waters;

9P Crustaceans

(1) The concession holder must not take any:

(a) school prawns (Metapenaeus macleayi); or

(b) eastern king prawns (Penaeus plebejus);

from Victorian waters.

(2) The concession holder may take any other species of crustaceans from Victorian waters.

(3) For species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat:

(a) more than 50 kilograms of the crustaceans; and

(b) more than 5 giant crabs (Pseudocarcinus gigas); and

Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

9Q Molluscs

(1) The concession holder may take any species of molluscs from Victorian waters.

(2) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of molluscs.

Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

9R Finfish

(1) A concession holder that is using a fishing method other than trawling:

(a) must not take finfish of a species mentioned in Subdivision 1 of Division 1 of Part 4 of Schedule 6 from Victorian waters; and

(b) may take any other species of finfish from Victorian waters.

(2) For species of finfish that are mentioned in Subdivision 2 of Division 1 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat:

(a) more than 200 kilograms of finfish; and

(b) more than 10 yellowtail kingfish (Seriola lalandi); and

(d) more than 50 kilograms of snapper (Pagrus auratus).

Division 7—Catch limits for fishing in South Australian waters

Subdivision 1—Introductory

9S Definitions for Division 7

In this Division:

crustacean means any species of the phylum Crustacea.

finfish means fish of the class Osteichthyes.

giant crab includes a king crab.

mollusc means any invertebrate of the phylum Mollusca.

possess, in relation to fish on the nominated boat, includes control.

South Australian waters means the area described in Division 2 of Part 1 of Schedule 6.

trawling includes board trawling, midwater or pelagic trawling and Danish seining.

9T Interpretation

For this Division, if a concession holder lands fish at a place on or within the coastline of South Australia, the concession holder is to be treated as having taken the fish in South Australian waters.

Subdivision 2—Catch limits

9U Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:

(a) a foreign fishing licence that authorises the use of a boat for fishing in South Australian waters;

(b) a fishing permit that authorises the use of a boat for taking fish in South Australian waters;

9V Crustaceans

(1) The concession holder:

(a) must not take any species of prawns, other than a species mentioned in Division 1 of Part 2 of Schedule 6, from South Australian waters; and

(b) must not take more than 5 king crabs (Pseudocarcinus gigas) from South Australian waters.

(2) The concession holder may take any other species of crustaceans from South Australian waters.

(3) For bay bugs (family Scyllaridae), the concession holder must not possess on the nominated boat more than 200 kilograms of bay bugs.

(4) For other species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of crustaceans.

Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

9W Molluscs

(1) A concession holder may take any species of molluscs from South Australian waters.

(2) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat:

(a) more than 500 kilograms of molluscs; and

(b) more than 50 kilograms of specimen shells or shellfish (class Gastropoda).

Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

9X Finfish

(1) The concession holder must not take any species of finfish mentioned in Subdivision 1 of Division 2 of Part 4 of Schedule 6 from South Australian waters.

(2) The holder must not take more than a total of 200 kilograms of finfish of 1 or more species mentioned in Subdivision 2, 3 or 4 of Division 2 of Part 4 of Schedule 6 from South Australian waters by trawling.

(3) The holder must not take more than a total of 200 kilograms of finfish of 1 or more species mentioned in Subdivision 2, 3, 4 or 5 of Division 2 of Part 4 of Schedule 6 from South Australian waters by a method other than trawling.

(4) The holder must not take from South Australian waters more than:

(a) 20 kilograms of finfish of the species mentioned in Subdivision 2 of Division 2 of Part 4 of Schedule 6; and

(b) 50 kilograms of finfish of the species mentioned in Subdivision 3 of Division 2 of Part 4 of Schedule 6; and

(d) 100 kilograms of mulloway (Argyrosomus hololepidotus).

Division 8—Catch limits for fishing in Tasmanian waters

Subdivision 1—Introductory

9Y Definitions for Division 8

In this Division:

crustacean means any species of the phylum Crustacea.

finfish means fish of the class Osteichthyes.

giant crab includes a king crab.

mollusc means any invertebrate of the phylum Mollusca.

possess, in relation to fish on the nominated boat, includes control.

9Z Interpretation

For this Division, if a concession holder lands fish at a place on or within the coastline of Tasmania, the concession holder is to be treated as having taken the fish in Tasmanian waters.

Subdivision 2—Catch limits

9ZA Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:

(a) a foreign fishing licence that authorises the use of a boat for fishing in Tasmanian waters;

(b) a fishing permit that authorises the use of a boat for taking fish in Tasmanian waters;

9ZB Crustaceans

(1) The concession holder must not take any species of prawns, other than a species mentioned in Division 1 of Part 2 of Schedule 6, from Tasmanian waters.

(2) The concession holder may take any other species of crustaceans from Tasmanian waters.

(3) For species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat:

(a) more than 50 kilograms of crustaceans; and

(b) more than 5 giant crabs (Pseudocarcinus gigas).

Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

9ZC Molluscs

(1) The concession holder must not take limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea and Siphonariacea) from Tasmanian waters.

(2) A concession holder may take any other species of molluscs from Tasmanian waters.

(3) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat:

(a) more than 500 kilograms of molluscs; and

(b) more than 50 kilograms of specimen shells or shellfish (class Gastropoda).

Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

9ZD Finfish

(1) The concession holder must not take any species of finfish mentioned in Subdivision 1 of Division 3 of Part 4 of Schedule 6 from Tasmanian waters.

(2) For the species of finfish mentioned in Subdivision 2 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 20 kilograms of finfish of the species.

(3) For the species of finfish mentioned in Subdivision 3 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of finfish of the species.

(4) For the species of finfish mentioned in Subdivision 4 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 250 kilograms of finfish of the species.

9ZE Other species

The concession holder must not take any fish of a species mentioned in Part 5 of Schedule 6 from the coastal waters of Tasmania.

Note: See section 5 of the Act about the meaning of coastal waters.

Division 9—Catch limits for prawn fishery waters

Subdivision 1—Introductory

9ZF Definitions for Division 9

In this Division:

crustacean means any species of the phylum Crustacea other than a prawn.

finfish means fish of the class Osteichthyes.

giant crab includes a king crab.

mollusc means any invertebrate of the phylum Mollusca other than a prawn.

possess, in relation to fish on the nominated boat, includes control.

prawn means:

(a) a decapod crustacea of:

(i) the families Aristeidae, Nephropidae (commonly known as scampi), Penaeidae, Scyllaridae (commonly known as bugs) and Solenoceridae (commonly known as prawns); or

(ii) the infraorder Caridae (commonly known as shrimp); and

(b) a mollusca of the family Pectinidae (commonly known as scallops).

prawn fishery waters means the area described in Part 1 of Schedule 7.

tuna and tuna‑like fish means fish of:

(a) the family Scombridae excluding Thunnus tonggo (commonly kown as longtail tuna), and fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); or

(b) the families Istiophoridae and Xiphiidae (commonly known as billfish); or

9ZG Interpretation

(1) For this Division, the weight of a fish is taken to be the weight of the whole fish before it has undergone any preparation.

(2) For this Division, if a fish has been processed, the whole weight equivalent of the fish is to be worked out using 1 of the following methods:

(a) multiply the weight of the gilled and gutted fish by 1.1 and express the result in kilograms;

(b) multiply the weight of the fillets from the fish by 2.6 and express the result in kilograms;

Subdivision 2—Catch limits

9ZH Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:

(a) a foreign fishing licence that authorises the use of a boat for fishing for prawns in prawn fishery waters;

(b) a fishing permit that authorises the use of a boat for taking prawns in prawn fishery waters;

9ZI Crustaceans

(1) The concession holder may take any other species of crustaceans from prawn fishery waters.

(2) For species of crustaceans that are mentioned in Part 2 of Schedule 7, the concession holder must not possess on the nominated boat:

(a) more than 6 crustaceans of a species mentioned in Division 1 of that Part; and

(b) more than 10 crustaceans of a species mentioned in Division 2 of that Part.

9ZJ Molluscs

The concession holder must not take a species of molluscs mentioned in Division 1 of Part 3 of Schedule 7 from prawn fishery waters.

9ZK Finfish

(1) The concession holder must not take tuna and tuna‑like fish from prawn fishery waters.

(2) The concession holder must not take any species of finfish mentioned in Division 1 of Part 4 of Schedule 7 from prawn fishery waters.

(3) For the species of finfish mentioned in Division 2 of Part 4 of Schedule 7, the concession holder must not possess on the nominated boat a total of more than 10 finfish.

(4) For a species of finfish mentioned in Division 3 of Part 4 of Schedule 7:

(a) if a trip ends in March, April, May or June, the concession holder must not possess on the nominated boat more than 500 kilograms of finfish of the species; and

(b) if a trip ends in any other month, the concession holder must not possess on the nominated boat more than 55 kilograms of finfish of the species.

9ZL Other species

The holder must not take any fish of a species mentioned in Part 5 of Schedule 7 from prawn fishery waters.

Division 10—Processing fish during a trip

Subdivision 1—Introductory

9ZM Definitions for Division 10

In this Division:

tuna means fish:

(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and

Subdivision 2—Processing

9ZN Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.

9ZO Prohibited ways of processing fish

If a fish of a species mentioned in an item of the table is taken and retained during a trip, the concession holder must ensure that the way in which the fish is processed complies with the requirements mentioned in the item before the fish is disposed of in accordance with regulation 9I.

Item	Species	Processing requirements
1	Tuna other than northern bluefin tuna or billfish	The caudal keel must not be removed from the carcass before the fish is landed and received by a fish receiver permit holder
2	Billfish other than broadbill swordfish (Xiphias gladius)	None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the caudal keel; (b) a dorsal, pectoral or anal fin
3	Sharks of the class Chondricthyes other than the following: (a) angel sharks (family Squantinidae); (b) rays; (c) skates; (d) spurdogs (genus Squalus)	None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the caudal lobe; (b) a dorsal, pectoral or caudal fin
4	Angel sharks (family Squantinidae)	No dorsal or caudal fin may be removed from the carcass before the fish is landed and received by a fish receiver permit holder
5	Dogfish (family Squalidae)	No dorsal or caudal fin may be removed from the carcass before the fish is landed and received by a fish receiver permit holder
6	Rays	None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the skin; (b) a fillet
7	Skates	None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the skin; (b) a fillet
8	Banjo shark (Trygonorrhina sp.)	None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the skin; (b) a fillet; (c) a pectoral fin; (d) the tail
9	Elephant fish (families Callorhinchidae, Chimaeridae and Rhinochimaeridae)	Neither of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the second dorsal fin; (b) the tail

9ZP Removal of shark liver

(1) If a shark is:

(a) taken during a trip; and

(b) processed during the trip by the removal of its liver;

the concession holder must ensure that the shark’s carcass is retained for as long as the liver is retained on the trip.

(2) If the carcass is retained until the shark is disposed of in accordance with regulation 9I, the concession holder must ensure that the liver is disposed of:

(a) at the same time; and

(b) to the same holder of a fish receiver permit.

Division 11—Impacts on the marine environment

Subdivision 1—Introductory

9ZQ Definitions for Division 11

In this Division:

interaction means physical contact that:

(a) occurs between an organism and 1 or more of the following:

(i) an individual other than an observer;

(ii) a nominated boat;

(iii) any object on board, or attached to, the nominated boat, other than equipment that is being used by an observer;

(iv) the nominated boat’s equipment; and

(b) is of a kind that could cause the organism to be distressed.

protected community means a listed threatened ecological community within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.

protected species means:

(a) a listed threatened species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (other than a conservation dependent species within the meaning of that Act); or

(b) a listed marine species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or

(c) a listed migratory species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or

(d) a species of cetacean.

Subdivision 2—Interaction

9ZR Conditions

For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.

9ZS No interaction with protected organism

The concession holder must ensure that, as far as practicable, there is no interaction during a trip with an organism that is:

(a) part of a protected community; or

(b) a protected species.

9ZT Recording and reporting interaction with protected organism

(1) This regulation applies if there is an interaction during a trip with an organism that is:

(a) part of a protected community; or

(b) a protected species.

(2) The concession holder must ensure that the interaction is recorded in a logbook kept on the nominated boat for the purpose of reporting interactions.

(3) If an observer is on board the nominated boat, the concession holder must also ensure that the interaction is reported to the observer as soon as practicable.

(4) If:

(a) the interaction results in the death of the organism; and

(b) it is necessary to discharge the organism’s carcass;

the concession holder must ensure that the carcass is discharged from the boat in a way that does not attract birds or mammals to the boat.

9ZU Reporting interaction with protected organism if protected organism injured

(1) This regulation applies if, during a trip:

(a) there is an interaction with an organism that is:

(i) part of a protected community; or

(ii) a protected species; and

(b) the interaction injures the organism.

(2) The concession holder must ensure that the organism is given as much assistance as is practicable.

(3) If an observer is on board the nominated boat, the concession holder must ensure that the injury is reported to the observer as soon as practicable.

Note: The concession holder may have an additional obligation to record the injury in a logbook kept in accordance with a determination made under section 42 of the Act.

9ZV Reporting interaction with protected organism if protected organism killed

(1) This regulation applies if, during a trip:

(a) there is an interaction with an organism that is:

(i) part of a protected community; or

(ii) a protected species; and

(b) the interaction kills the organism; and

(2) The concession holder must ensure that the death is reported to the observer as soon as practicable.

Note: The concession holder may have an additional obligation to record the death in a logbook kept in accordance with a determination made under section 42 of the Act.

Part 4—Surveillance and enforcement

Division 1—Recovery of pursuit costs

10 Principles for determination of pursuit costs

(1) For the purposes of section 106K of the Act, this regulation sets out the principles to be applied to the determination of costs incurred by or on behalf of the Commonwealth that are directly attributable to the conduct of pursuit activities in relation to foreign boats.

(2) If an officer gives a direction to the master of a foreign boat in accordance with paragraph 84(1)(aa), (k) or (l) of the Act and the master does not comply, the pursuit is taken to have begun when the officer gave the direction.

(3) A pursuit ends when the pursued boat arrives at the processing place determined by AFMA to be the processing place in relation to the boat.

(4) The categories of costs that may be recovered include:

(a) the costs of all personnel involved in the pursuit, whether on board a pursuing boat or providing land‑based support to the pursuit; and

(b) the overtime costs of any personnel of an agency involved in the pursuit who are required to attend in excess of their normal hours because of the pursuit; and

(c) any accommodation, relocation, travel or like costs associated with providing the personnel mentioned in paragraphs (a) and (b) to undertake, continue or support the pursuit; and

(d) any costs in relation to the use of boats or aircraft in the pursuit, including the costs of repair for any damage incurred by such a boat or aircraft; and

(e) the costs of the use of services or equipment (electronic or otherwise) associated with surveillance of the pursued boat; and

(f) the costs of the use of services or equipment associated with maintaining communication between agencies involved in the pursuit; and

(g) the costs of any ancillary services required to maintain the pursuit—for example, necessary medical, legal or other professional assistance or advice; and

(h) any other costs that have arisen as a consequence of the pursuit and the apprehension of the foreign boat and bringing it to a processing place.

Division 2—Fish receiver permits

10A Interpretation

In this Division:

processed form, processed form A and processed form B have, respectively, the meaning given in subregulation 2(1) of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.

10AA Fish receiver permit holder to keep records

(1) For subsection 92(2) of the Act, a fish receiver permit holder must make a record in respect of fish received by the permit holder.

(2) The record must be in writing and include the information set out in regulations 10AB and 10AC.

(3) The permit holder must keep the record for at least 5 years:

(a) if the permit specifies premises at which fish received under the permit by the holder are to be kept while in the possession of the holder—at those premises; or

(b) in any other case—at the holder’s business or residential premises.

10AB Records—fish received

(1) A record of fish received must include the following details:

(a) the full name and address of the fish receiver permit holder;

(b) the full name and address of the person from whom the fish were received;

(d) the name and amount (by weight) of each species of fish;

(e) the type (if any) of processing to which the fish were subjected before being received;

(f) the date on which the fish were received;

(g) the full name, office (if any) and signature of the person making the record.

(2) The record must also include:

(a) the number (if any) of Southern Bluefin Tuna received; and

(b) for each Southern Bluefin Tuna received in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B.

(3) In addition, the record must include the number (if any) of fish received that are of any of the following kinds:

(a) yellowfin tuna (Thunnus albacares);

(b) bigeye tuna (Thunnus obesus);

(d) albacore tuna (Thunnus alalunga);

(e) black marlin (Makaira indica);

(f) blue marlin (Makaira nigricans);

(g) striped marlin (Tetrapturus audax);

(h) broadbill swordfish (Xiphias gladius);

(i) fish of the family Bramidae (commonly known as pomfrets or rays bream).

10AC Records—fish disposed of

(1) A record of fish disposed of (except for private or domestic use) must include the following details:

(a) the full name and address of the fish receiver permit holder;

(b) the full name and address of the person to whom the permit holder disposed of the fish;

(d) the type (if any) of processing to which the fish were subjected before their disposal;

(e) the date on which the fish were disposed of;

(f) the full name, office (if any) and signature of the person making the record.

(2) The record must also include:

(a) the number (if any) of Southern Bluefin Tuna disposed of; and

(b) for each Southern Bluefin Tuna disposed of in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B.

(3) In addition, the record must include the number (if any) of fish disposed of that are of any of the following kinds:

(a) yellowfin tuna (Thunnus albacares);

(b) bigeye tuna (Thunnus obesus);

(d) albacore tuna (Thunnus alalunga);

(e) black marlin (Makaira indica);

(f) blue marlin (Makaira nigricans);

(g) striped marlin (Tetrapturus audax);

(h) broadbill swordfish (Xiphias gladius);

(i) fish of the family Bramidae (commonly known as pomfrets or rays bream).

(4) A record of fish disposed of for private or domestic use must include the following details:

(a) the full name and address of the permit holder;

(b) a declaration that the fish were disposed of for private or domestic use;

(d) the type (if any) of processing to which the fish were subjected before their disposal;

(e) the month in which the fish were disposed of;

(f) the full name, office (if any) and signature of the person making the record.

10AD Records—scallop tags

(1) In this regulation:

AFMA tag means a tag stamped with the letters “AFMA” that is required to be attached to a bag of scallops under a condition of a fishing permit that authorises the use of a boat for fishing for scallops.

scallops means bivalve molluscs of the family Pectinidae.

(2) For subsection 92(2) of the Act, a fish receiver permit holder who receives scallops must:

(a) remove the AFMA tag attached to each bag of scallops received; and

(b) keep the tag for at least 1 year at the premises where the holder keeps the record of scallops received.

10C Fish receiver—person who receives his or her own catch

A person who takes fish in a declared fishery is taken to receive fish within the meaning of subsection 97(1) of the Act if the person:

(a) after landing the fish, processes the fish (except for the person’s private or domestic use); or

(b) uses the fish for the purpose of aquaculture or mariculture.

10D Fish receiver—not person who transports fish

For the purposes of section 97 of the Act, a person who transports fish from a person engaged in fishing in a declared fishery to a fish receiver permit holder is taken to be the agent of the holder.

Part 5—Operation of boats and equipment

11 Approval for the presence of foreign boats in the AFZ

(1) For the purposes of paragraph 101(1)(c) of the Act, the master of a foreign boat may apply to AFMA to approve the boat’s being at a place in the AFZ:

(a) if the boat is at sea at the time the approval is requested—by sending the application by radio through a coast radio station; or

(b) in any other case—by sending the application to AFMA.

(2) The application must contain whichever of the following reference letters are relevant to the category of the boat:

Category of boat	Where is the boat?	What area is it passing through?	Where is it going?	What are the reference letters?
1	Outside the AFZ	Any area	An authorised area	AFZE
2	An Australian port	A part of the AFZ that is not an authorised area	An authorised area	AFZT
3	An authorised area	Any area	Another authorised area	AFZT
4	Outside the AFZ	A part of the AFZ that is not an authorised area	An Australian port	AFZH
5	An authorised area	A part of the AFZ that is not an authorised area	An Australian port	AFZH
6	An authorised area	The AFZ	Outside the AFZ	AFZX
7	An Australian port	The AFZ	Outside the AFZ	AFZX

(3) If the boat is in Category 1, the application must contain the following particulars:

(a) the boat’s international call‑sign;

(b) the geographical co‑ordinates of the point at which the boat is expected to enter the AFZ;

(d) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;

(e) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.

(4) If the boat is in Category 2, the application must contain the following particulars:

(a) the boat’s international call‑sign;

(b) the name of the Australian port from which it is leaving;

(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;

(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;

(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.

(5) If the boat is in Category 3, the application must contain the following particulars:

(a) the boat’s international call‑sign;

(b) the geographical co‑ordinates of the point, in the authorised area, from which the boat will first enter a part of the AFZ that is not an authorised area;

(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;

(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.

(6) If the boat is in Category 4 or 5, the application must contain the following particulars:

(a) the boat’s international call‑sign;

(b) the geographical co‑ordinates of the point, in the authorised area, from which the boat will first enter a part of the AFZ that is not an authorised area;

(e) the name of the Australian port to which the boat is to travel;

(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach the port.

(7) If the boat is in Category 6, the application must contain the following particulars:

(a) the boat’s international call‑sign;

(b) the geographical co‑ordinates of the point, in the authorised area, at which the boat will first enter a part of the AFZ that is not an authorised area;

(e) the geographical co‑ordinates of the point in the authorised area at which the boat is expected to leave the AFZ;

(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.

(8) If the boat is in Category 7, the application must contain the following particulars:

(a) the boat’s international call‑sign;

(b) the name of the Australian port from which it is leaving;

(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;

(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.

12 Identification code for a boat

(1) If AFMA grants a statutory fishing right or a fishing permit for a boat, it must allocate an identification code to the boat.

(1A) The identification code:

(a) must be in the form of a letter or letters; and

(b) may include a number or numbers.

(2) The boat’s identification code must be shown on the boat:

(a) above its water line; and

(b) on each bow; and

(d) in paint that contrasts with the colour of the bow; and

(e) in letters and figures at least 300 millimetres in depth.

(3) If:

(a) the boat is being used in accordance with the right or permit; and

(b) the boat does not display its identification code in accordance with subregulation (2);

the master and the owner of the boat are each guilty of an offence.

Maximum Penalty: 10 penalty units.

(3A) It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(4) If:

(a) the right or permit ceases to apply in relation to the boat; and

(b) the boat’s identification code is not removed or obliterated as soon as practicable;

the master and the owner of the boat are guilty of an offence.

Maximum Penalty: 10 penalty units.

(5) If:

(a) the boat is being used in accordance with the right or permit; and

(b) the boat’s bow shows a letter or letters and a number that are not:

(i) the boat’s name or identification code; or

(ii) an identification marking allocated to the boat under a law of a State or Territory;

the master and the owner of the boat are each guilty of an offence.

Maximum Penalty: 10 penalty units.

(5A) It is a defence to a prosecution under subregulation (5) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(6) Subregulations (3) and (4) do not apply in relation to a boat that:

(a) is licensed to be used to take fish under a law of a State or Territory; and

(b) displays an identifying marking under that law.

(7) An offence under subregulation (3), (4) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

13 Production of documents on a foreign boat

(1) This regulation applies in relation to a foreign boat that is being used under a foreign fishing licence or a Treaty licence.

(2) For the purposes of subsection 84(1) of the Act, if a document in a foreign language is given to an officer, the officer may ask the master to give the officer a written translation of the document into English.

(3) The officer may nominate a person who is to make the translation.

(4) If the officer asks the master for a translation, the master must give the officer the translation as soon as practicable.

Maximum Penalty: 10 penalty units.

(4A) An offence under subregulation (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) The owner of the boat is liable for the cost (if any) of the translation.

(6) For the purposes of subsection 84(1) of the Act, if an officer removes a document from the boat to make a copy of, or take an extract from, the document, the officer must:

(a) keep the document for no longer than is reasonably necessary to make the copy or take the extract; and

(b) allow the master, or a person nominated by the master, to accompany the officer while he or she has the document away from the boat.

14 Reporting of a boat’s position

(1) The master of a boat that is being used in the AFZ under a fishing concession must make position reports in accordance with subregulations (2) and (3).

Maximum Penalty: 10 penalty units.

(2) A report must be made:

(a) by radio through a coast radio station; and

(b) to AFMA; and

(3) A report:

(a) must commence with the letters AFZP; and

(b) must include:

(i) the boat’s international radio call‑sign; and

(ii) the time referred to in paragraph (2)(c) for making the report; and

(iii) the geographical co‑ordinates of the boat at the time for making the report.

(4) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(5) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

15 Identification of the call‑sign of a foreign boat

(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s international radio call‑sign on the boat in accordance with subregulations (2) to (6).

Maximum Penalty: 10 penalty units.

(2) The call‑sign must be shown in a position or positions on the boat that makes each sign clearly visible from an aircraft or a boat.

(3) The call‑sign must be shown:

(i) by white characters on a black background; or

(ii) by black characters on a white background; or

(iii) by black characters on a background of international safety yellow.

(4) The characters must be Roman capital letters, or Arabic numerals, without ornamentation.

(5) If the boat is less than 20 metres long, the characters:

(a) must be at least 50 centimetres high; and

(b) must consist of strokes at least 6.25 centimetres wide.

(6) If the boat is at least 20 metres long, the characters:

(a) must be at least 1 metre high; and

(b) must consist of strokes at least 12.5 centimetres wide.

(7) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(8) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

16 Identification of the name of a foreign boat

(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s name on the boat in accordance with subregulations (2) to (4).

Maximum Penalty: 10 penalty units.

(1A) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(2) The name must be shown:

(a) on both sides of the boat’s bow; and

(b) on the boat’s stern.

(3) The name must be shown by characters of a colour that contrasts with the colour of the characters’ background.

(4) The characters must be:

(a) Roman capital letters, or Arabic numerals, without ornamentation; and

(b) at least 45 centimetres high.

(5) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

17 Information relating to persons on board a boat

(1) This regulation applies in relation to:

(a) a boat that is used in the AFZ under a fishing concession; and

(b) an Australian boat engaged in fishing outside the AFZ.

(2) AFMA may, at any time, ask the master of the boat to give it the names and positions of persons on board the boat.

(3) The master must give the information to AFMA as soon as practicable.

Maximum Penalty: 5 penalty units.

(4) AFMA must not ask the master under subregulation (2) more than once in a period of 48 hours.

(5) An offence under subregulation (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

19 Sale or disposal of unclaimed equipment

(1) This regulation applies to equipment used for fishing if:

(a) an officer finds the equipment in the AFZ; and

(b) the identity of the owner of the equipment is unknown.

(2) The officer must keep the equipment in safe custody for a period of 30 days after the day on which it was found.

(3) If the owner of the equipment has not been identified by the end of the period, AFMA must place a notice in:

(a) 1 or more newspapers circulating in the Australian port nearest to the place where the equipment was found; or

(b) if there is no newspaper circulating in the port—1 or more newspapers nominated by the Managing Director.

(4) The notice must:

(a) describe the equipment; and

(b) identify the place, or approximate place, where it was found; and

(c) state that unless the owner of the equipment is not identified within 14 days after the date of publication of the newspaper, the equipment will be sold by public auction.

(5) AFMA may attempt to sell the equipment by public auction if:

(a) the owner of the equipment is not identified at the end of 14 days after the date on which the latest of the notice is published; and

(b) the equipment is in saleable condition.

(6) For the purposes of the auction:

(a) the Commonwealth is taken to be the absolute owner of the equipment; and

(b) an officer may conduct it without holding an auctioneer’s licence under the law of the State or Territory in which the auction is held; and

(7) AFMA may direct how the equipment is to be disposed of if:

(a) it is not in saleable condition; or

(b) it is offered, but not sold, at the auction.

(8) No action lies against the Commonwealth or a person as a result of the sale or disposal of the equipment.

Part 5A—Detention of suspected illegal foreign fishers etc

Division 1—Training for officers

19A Training for officers and detention officers

For subclause 6(1) of Schedule 1A to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:

(a) conducting searches;

(b) maintaining the health, safety and welfare of detainees;

(d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries
Act 1984.

Division 2—Identifying detainees

19B Personal identifiers

For paragraph 26(1)(g) of Schedule 1A to the Act, the personal identifiers are as follows:

(a) a sample of a person’s handwriting;

(b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:

(i) the removal of any of the person’s clothing; or

(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.

Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:

(a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;

(b) the taking of a sample of blood;

(d) the taking of a sample of pubic hair;

(e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;

(f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;

(g) the taking of a dental impression;

(h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.

19C Personal identifiers detainees must provide

For paragraph 28(2)(e) of Schedule 1A to the Act, the types of personal identifier are as follows:

(a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 1A to the Act);

(b) an iris scan of the detainee’s eyes;

(d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:

(i) the removal of any of the detainee’s clothing; or

(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.

Note: See the note after regulation 19B for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

19D Personal identifiers officers must require non‑citizens to provide by way of identification tests

For paragraph 29(1)(a) of Schedule 1A to the Act, the types of personal identifier are as follows:

(a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);

(b) a measurement of the non‑citizen’s height and weight;

(d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);

(e) an iris scan of the non‑citizen’s eyes;

(f) the non‑citizen’s signature;

(g) a sample of the non‑citizen’s handwriting;

(h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:

(i) the removal of any of the non‑citizen’s clothing; or

(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.

Note: See the note after regulation 19B for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

19E Information to be provided before carrying out identification tests

(1) For paragraph 30(1)(b) of Schedule 1A of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:

(a) the reason why a personal identifier is required to be provided; and

(b) how a personal identifier may be collected; and

(d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.

Note: See Division 3 of Part 5 of Schedule 1A to the Act in relation to the identification of minors and incapable persons.

(2) Also, the authorised officer must inform the non‑citizen:

(a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and

(b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and

(i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and

(ii) the non‑citizen has a right, under that Act, to seek:

(A) access to that information or those documents; and

(B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.

(3) For subclause 30(3) of Schedule 1A of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.

19F Authorising access to video recordings—limitations

For subclause 41(3) of Schedule 1A to the Act, the types of personal identifier are as follows:

(a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);

(b) a measurement of a non‑citizen’s height and weight;

(d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);

(e) an iris scan of a non‑citizen’s eyes;

(f) a non‑citizen’s signature;

(g) a sample of a non‑citizen’s handwriting;

(h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.

19G Providing video recordings—permitted provision

(1) This regulation applies for paragraph 42(2)(f) of Schedule 1A to the Act.

(2) The provision of a video recording to the Australian Human Rights Commission is a permitted provision of the recording if the provision is for the purpose of the Commission inquiring into the operation of provisions of the Act relating to carrying out an identification test.

19H Providing video recordings—limitations

For paragraph 42(3)(a) of Schedule 1A to the Act, the types of personal identifier are as follows:

(a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);

(b) a measurement of a non‑citizen’s height and weight;

(d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);

(e) an iris scan of a non‑citizen’s eyes;

(f) a non‑citizen’s signature;

(g) a sample of a non‑citizen’s handwriting;

(h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.

Division 3—Disclosure of identifying information

19I Authorising access to identifying information

For subclause 52(3) of Schedule 1A to the Act, the types of personal identifier are as follows:

(a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);

(b) a measurement of a non‑citizen’s height and weight;

(d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);

(e) an iris scan of a non‑citizen’s eyes;

(f) a non‑citizen’s signature;

(g) a sample of a non‑citizen’s handwriting;

(h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.

19J Authorising disclosure of identifying information

For subclause 54(1) of Schedule 1A to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:

(a) the Department of Foreign Affairs and Trade;

(b) the Department administered by the Minister administering Part XII of the Customs Act 1901.

19K Disclosure of identifying information to Australian bodies

For paragraph 54(1)(d) of Schedule 1A to the Act, AFMA may authorise the disclosure of identifying information under subclause 54(1) of that Schedule to any of the bodies mentioned in the following table:

Item	Name of body
1	Attorney‑General’s Department
2	Australian Crime Commission
4	Australian Federal Police
6	Australian Securities and Investments Commission
7	Australian Security Intelligence Organisation
8	Australian Taxation Office
9	Australian Transaction Reports and Analysis Centre (AUSTRAC)
10	CrimTrac
11	Department of Agriculture, Fisheries and Forestry
12	Department of Defence
13	Department of Foreign Affairs and Trade
14	Department of Health
15	Department of Immigration, Multicultural and Indigenous Affairs
16	New South Wales Department of Primary Industries
17	New South Wales Office of Director of Public Prosecutions
18	New South Wales Police Service
19	Office of Director of Public Prosecutions, Victoria
20	Victorian Department of Justice
21	Victorian Department of Primary Industries
22	Victorian Police
23	Queensland Department of Primary Industries and Fisheries
24	Queensland Office of Director of Public Prosecutions
25	Queensland Police Service
26	Office of Director of Public Prosecutions for Western Australia
27	Western Australian Department of Fisheries
28	Western Australian Department of Justice
29	Western Australian Police Service
30	South Australian Department of Primary Industries and Resources
31	South Australian Office of Director of Public Prosecutions
32	South Australian Police
33	Tasmanian Department of Primary Industries
34	Tasmanian Office of the Director of Public Prosecutions
35	Tasmanian Police
36	Northern Territory Department of Business, Industry and Resource Development
37	Northern Territory Office of Director of Public Prosecutions
38	Northern Territory Police

19L Disclosure of identifying information to international organisations

For paragraph 54 (1) (e) of Schedule 1A to the Act, AFMA may authorise the disclosure of identifying information
under clause 54 of that Schedule to any of the following organisations:

(a) Interpol;

(b) the United Nations;

Item	Name of Intergovernmental Organisation
1	Advisory Committee on Fishery Research (ACFR)
2	Asia‑Pacific Fishery Commission (APFIC)
3	Atlantic Africa Fisheries Conference (AAFC)
4	Bay of Bengal Programme (BOBP‑IGO)
5	Comisión de Pesca Continental Para America Latina (COPESCAL)
6	Comisión Interamericana del Atún Tropical (CIAT)
7	Comisión Permanente del Pacifico Sur (CPPS)
8	Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)
9	Commission for the Conservation of Southern Bluefin Tuna (CCSBT)
10	Committee for Inland Fisheries of Africa (CIFA)
11	Coordinating Working Party on Fisheries Statistics (CWP)
12	Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)
13	European Inland Fisheries Advisory Commission (EIFAC)
14	Fishery Committee for the Eastern Central Atlantic (CECAF)
15	Forum Fisheries Agency (FFA)
16	General Fisheries Commission for the Mediterranean (GFCM)
17	Indian Ocean Tuna Commission (IOTC)
18	Inter‑American Tropical Tuna Commission (IATTC)
19	International Baltic Sea Fishery Commission (IBSFC)
20	International Commission for the Conservation of Atlantic Tunas (ICCAT)
21	International Council for Exploration of the Sea (ICES)
22	International Pacific Halibut Commission (IPHC)
23	International Whaling Commission (IWC)
24	La Commission Sous‑Régionale des Pêches (CSRP)
25	Lake Victoria Fisheries Organization (LVFO)
26	Latin American Fisheries Development Organization (OLDEPESCA)
27	Marine Mammal Commission (MMC)
28	Mekong River Commission (MRC)
29	Network of the Aquaculture Centres in Asia‑Pacific (NACA)
30	North Atlantic Fisheries Organisation (NAFO)
31	North Atlantic Salmon Conservation Organization (NASCO)
32	North East Atlantic Fisheries Commission (NEAFC)
33	North Pacific Anadromous Fish Commission (NPAFC)
34	North Pacific Marine Science Organisation (PICES)
35	Northwest Atlantic Fisheries Organization (NAFO)
36	Pacific Salmon Commission (PSC)
37	Regional Commission for Fisheries (RECOFI)
38	Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS)
39	Regional Fisheries Committee for the Gulf of Guinea (COREP)
40	Secretariat of the Pacific Community (SPC)
41	Southeast Asian Fisheries Development Center (SEAFDEC)
42	South East Atlantic Fisheries Organisation (SEAFO)
43	Southwest Indian Ocean Fisheries Commission (SWIOFC)
44	Western and Central Pacific Fisheries Commission (WCPFC)
45	Western Central Atlantic Fishery Commission (WECAFC)
46	Western Indian Ocean Tuna Organization (WIOTO)

Division 4—Disclosures relating to illegal fishing activities

19M Authorising disclosure of information relating to illegal fishing activities

For subsection 108B(1) of the Act, the Minister may authorise the following Agencies to disclose information under that subsection:

(a) the Department of Foreign Affairs and Trade;

(b) the Department administered by the Minister administering Part XII of the Customs Act 1901.

Part 6—Payments and fees

20 Payment by instalments

For the purposes of subsection 121(1) of the Act, a person who makes the highest qualifying bid for a grant of a fishing right at an auction:

(a) must pay 10 percent of the amount of charge payable in relation to the grant to AFMA immediately after the person’s bid is accepted; and

(b) must pay the remainder of the amount to AFMA:

(i) in the period ending 30 days after the day on which the person’s bid is accepted; or

(ii) if the person makes an agreement with AFMA to pay the amount at a different time—at that time; or

(iii) if the person makes an agreement with AFMA
to pay the amount by instalments—when the instalments are due and payable.

21 Fees

(1) For paragraph 168(2)(e) of the Act, the fee payable for an application, registration, inspection or other matter mentioned in an item in Schedule 2 is the fee set out in the item.

(4) Despite subregulation (1) and items 9 and 10 of Schedule 2, no fee is payable for an application for the grant of a port permit for a foreign fishing boat that is engaged in fisheries research activities in collaboration with:

(a) the Commonwealth, a State or a Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

Part 6A—Registers

21A Information to be included in Register of Statutory Fishing Rights

(1) For paragraph 45(1)(f) of the Act, the particulars in the table are prescribed.

Item	Particular
1	For the person to whom the fishing right is granted:
	(a) postal address; and
	(b) telephone number; and
	(c) fax number; and
	(d) email address; and
	(e) ABN or ACN
2	For any other holder of the fishing right:
	(a) name; and
	(b) postal address; and
	(c) telephone number; and
	(d) fax number; and
	(e) email address; and
	(f) ABN or ACN
3	Number of the boat statutory fishing right
4	Number of the quota statutory fishing right
5	Any alphanumeric code assigned for the purposes of the registration of the statutory fishing right
6	Total weight of fish that may be taken for the purposes of the statutory fishing right, in kilograms
7	Total headrope length that can be used for the purposes of the statutory fishing right, in metres
8	Whether a gear statutory fishing right has been nominated in relation to a B class statutory fishing right
9	Whether a quota statutory fishing right has been nominated in relation to a boat statutory fishing right
10	For a boat that has been nominated for the statutory fishing right:
	(a) name; and
	(b) any previous names; and
	(c) any distinguishing symbol that identifies the boat; and
	(d) length; and
	(e) colour; and
	(f) beam, in metres; and
	(g) gross registered tonnage; and
	(h) moulded depth, in metres; and
	(i) when it was built; and
	(j) where it was built; and
	(k) a code representing the type of boat; and
	(l) a code representing the gear type used on the boat; and
	(m) port of registry; and
	(n) registry number; and
	(o) whether the boat’s registration has previously been cancelled or suspended, and the country which cancelled or suspended the registration; and
	(p) any previous flag under which it has been operated; and
	(q) normal crew compliment; and
	(r) a code representing the boat’s current flag state; and
	(s) a code representing any previous flag state; and
	(t) number of freezers on the boat; and
	(u) each type of freezer used on the boat; and
	(v) capacity of each freezer used on the boat; and
	(w) fish hold capacity; and
	(x) engine type; and
	(y) power of the main engine or engines, in kilowatts; and
	(z) serial number of each engine; and
	(za) aspiration of each engine; and
	(zb) number of turbochargers; and
	(zc) type of aftercooler system; and
	(zd) radio call sign; and
	(ze) International Radio Call Sign; and
	(zf) Vessel Communication Type; and
	(zg) whether the boat is included in the Large Scale Fishing Vessel list; and
	(zh) colour photographs of the boat, in high resolution and with sufficient brightness and contrast to show the boat clearly, including:
	(i) a photograph measuring at least 12 cm  7 cm that shows the full overall length of the starboard side of the boat and all of the boat’s structural features along that side; and
	(ii) a photograph measuring at least 12 cm  7 cm that shows the full overall length of the port side of the boat and all of the boat’s structural features along that side; and
	(iii) a photograph measuring at least 12 cm  7 cm that is taken from astern and shows the boat’s stern
11	For the owner of a boat that has been nominated for the statutory fishing right:
	(a) name; and
	(b) postal address; and
	(c) nationality
12	For the master of a boat that has been nominated for the statutory fishing right:
	(a) name; and
	(b) nationality

(2) A particular mentioned in the table in subregulation (1) is taken not to be prescribed if:

(a) the particular does not exist in relation to a statutory fishing right; or

(b) it is not necessary for AFMA to collect the particular, either for its own purposes, or in accordance with an international fisheries agreement.

Note: Under subsection 45(1) of the Act, a fishing right is registered by entering particulars in the Register of Statutory Fishing Rights, including the particulars prescribed in subregulation (1). Particulars that do not exist in relation to a statutory fishing right would be prescribed but could not be entered.

21B Information to be included in High Seas Register

(1) For paragraph 57B(2)(i) of the Act, the particulars in the table in subregulation 21A(1) are prescribed.

(2) A particular mentioned in the table in subregulation 21A(1) is taken not to be prescribed if:

(a) the particular does not exist in relation to a fishing permit; or

(b) it is not necessary for AFMA to collect the particular, either for its own purposes, or in accordance with an international fisheries agreement.

21C Information to be included in Fishing Permits Register

(1) For paragraph 57H(1)(e) of the Act, the particulars in the table in subregulation 21A(1) are prescribed.

(2) A particular mentioned in the table in subregulation 21A(1) is taken not to be prescribed if:

(a) the particular does not exist in relation to a fishing permit; or

(b) it is not necessary for AFMA to collect the particular, either for its own purposes, or in accordance with an international fisheries agreement.

Part 7—Administration of the Statutory Fishing Rights Allocation Review Panel

22 Hours of operation of Registries of the Panel

For the purposes of section 136 of the Act, a Registry of the Panel must be open for business from 9.30am to 1.00pm, and from 2.00pm to 4.00pm, on each day other than:

(a) a Saturday or Sunday; or

(b) a day that is observed as a holiday in the Australian Public Service in the place where the Registry is located.

23 Registrar must date and acknowledge documents

For the purposes of paragraph 137(3)(c) of the Act, the Registrar of the Panel must:

(a) date documents received by the Panel; and

(b) acknowledge in writing an application for review of a decision to grant a fishing right.

24 Application to the Panel for review of a decision to grant a fishing right

An application to the Panel under subsection 143(1) of the Act for review of a decision to grant a fishing right may be made using Form 2 in Schedule 1.

25 Notification by Principal Member that an application for review has been made

For the purposes of subsection 144(1) of the Act, if an application is made to the Panel for review of a decision to grant a fishing right, the Principal Member may notify the persons referred to in that subsection of the application using Form 3 in Schedule 1.

26 Notice of date, time and place of a hearing

For the purposes of subsection 145(2) of the Act, the Principal Member may give each party to a proceeding notice of the date, time and place fixed for a hearing in relation to the proceeding using Form 4 in Schedule 1.

27 Summons

A form of summons under paragraph 146(2)(a) or 146(2)(b) of the Act is in Form 5 in Schedule 1.

28 Witness expenses

If a person is summoned under paragraph 146(2)(a) of the Act to appear as a witness before the Panel, he or she is entitled to be paid fees and allowances for expenses in relation to the appearance at the same rate that is applicable under the Administrative Appeals Tribunal Regulations in relation to an appearance under the Administrative Appeals Tribunal Act 1975.

Part 8—Documents relating to fishing concessions

29 Replacement of documents

(1) AFMA may give a person a copy of a document issued by it, certifying that the person is the holder of a fishing concession or a scientific permit, if:

(a) the person applies to AFMA; and

(b) AFMA is satisfied that:

(i) the person was granted the concession or permit; and

(ii) the person has lost the original document; and

(iii) the original document is not being used improperly.

(2) AFMA may give a person a copy of a document issued by it, certifying that the person is the holder of a fishing concession or a scientific permit if:

(a) the original document is damaged; and

(b) the person applies to AFMA; and

(d) the person gives the damaged document to AFMA.

(3) A person must not make an application that is false or misleading in a material particular.

Maximum Penalty: 10 penalty units.

(4) The copy of the document has the same force as the original document.

30 Return of documents

(1) If AFMA cancels a fishing concession or a scientific permit, the holder of the concession or permit must return the document certifying that the person is the holder not later than 14 days after the person is notified that the concession or permit is cancelled.

Maximum Penalty: 1 penalty unit.

(2) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(3) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Part 9—References to areas of the AFZ

31 References to areas of the AFZ

For paragraph 168(2)(p) of the Act, an area of the AFZ referred to in column 2 of an item in Schedule 3 may be described using the short method of reference set out in column 3 of the item.

Part 9A—Offences relating to fisheries

37A Definitions

In this Part:

closed zone has the meaning given by regulation 37B.

unforeseen emergency includes the following:

(a) a threat to the safety of human life;

(b) a threat to the safety of a boat and property on board the boat;

(d) a serious danger to navigation on or near the boat’s course;

(e) a failure, malfunction or defect that caused, or is likely to cause, serious damage to the boat, or that interfered with, or is likely to interfere with, the normal control of the boat.

37B Meaning of closed zone

If:

(a) AFMA has given a direction under paragraph 17(5A)(a) or subsection 41A(2) of the Act; and

(b) the direction is in force; and

(c) the effect of the direction is that fishing is not to be engaged in in the area of a fishery, or a particular part of the area of a fishery, at a particular time; and

(d) a particular boat:

(i) is specified in, or is nominated for, a fishing concession that entitles the holder to engage in fishing in the fishery or that authorises the use of the boat for fishing in the fishery; or

(ii) is specified in a scientific permit that authorises the use of the boat for scientific research purposes in the fishery; and

(e) the direction applies to the holder of the fishing concession or scientific permit;

the area of the fishery, or the particular part of the area of the fishery, to which the direction applies is, at the time, a closed zone for the boat in the capacity mentioned in paragraph (d).

37C Navigating in area that is a closed zone for less than 24 hours

(1) The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for less than 24 hours.

Penalty: 25 penalty units.

(2) Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:

(a) the boat was navigated in the closed zone for a period of 30 minutes or more; and

(b) for the period the boat was in the closed zone, the boat was:

(i) stationary; or

(ii) travelling at a speed of 5 knots or more as worked out under subregulation (5).

(3) Subregulation (1) does not apply to the master of a boat if:

(a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and

(b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.

(4) An offence against subregulation (1) is an offence of strict liability.

(5) To work out a boat’s speed:

(a) for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and

(b) divide the distance by the time taken by the boat to travel between the two points.

(6) In this regulation a boat is taken to be stationary if it is travelling at a speed of 0.5 knots or less as worked out under subregulation (5).

37D Navigating in area that is a closed zone for 24 hours or more

(1) The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for 24 hours or more.

Penalty: 25 penalty units.

(2) Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:

(a) the boat was navigated in the closed zone for a continuous period of 30 minutes or more; and

(b) at all times during the period, the boat was travelling at a speed of at least 5 knots as worked out under subregulation (5).

(3) Subregulation (1) does not apply to the master of a boat if:

(a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and

(b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.

(4) An offence against subregulation (1) is an offence of strict liability.

(5) For paragraph (2)(b), to work out a boat’s speed:

(a) for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and

(b) divide the distance by the time taken by the boat to travel between the two points.

Part 10—Infringement notices

38 When can an infringement notice be served?

If an officer has reason to believe that a person has committed a relevant offence, the officer may serve an infringement notice on the person.

39 How is an infringement notice to be served?

(1) An officer may serve an infringement notice on an individual:

(a) by giving it to the individual personally; or

(b) by leaving it at, or sending it by post to, the residential or business address of the individual that is last known to the officer; or

(c) by giving it, at the residence or place of business that is last known to the officer, to a person who is, or whom the officer reasonably believes is:

(i) above the age of 16 years; and

(ii) an occupant of, or employed at, the residence or place.

(2) An officer may serve an infringement notice on a body corporate:

(a) by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or

(b) by giving it, at the head office, registered office, principal office or other place of business of the body corporate, to a person who is, or whom the officer reasonably believes is:

(i) above the age of 16 years; and

(ii) an officer of, or in the service of, the body corporate.

40 What must be included in an infringement notice?

(1) An infringement notice must state:

(a) the name of the officer by whom, or on whose behalf, it is served; and

(b) the nature of the relevant offence that is alleged to have been committed; and

(d) if the person on whom it is served does not wish the matter to be dealt with by a court, the person may pay the amount of the relevant penalty referred to in the notice within:

(i) 28 days after the date of service of the notice; or

(ii) any further period (not being more than 28 days) that an officer allows (whether before or after the end of the first 28 day period); and

(e) where and how the person may pay the relevant penalty; and

(f) that, if the person pays the penalty within the period specified in the notice or any further period (not being more than 28 days) that an officer allows (whether before or after the end of the first 28 day period):

(i) the person’s liability is taken to be discharged; and

(ii) further proceedings cannot be taken against the person for the offence; and

(iii) the person is not to be regarded as having been convicted of the offence.

(2) An infringement notice may contain any other matters that AFMA considers relevant.

40A Reminder notices

(1) AFMA may serve a reminder notice on a person who:

(a) is served with an infringement notice; and

(b) has not paid the relevant penalty:

(i) within 14 days after the date when the infringement notice was issued; or

(ii) if an officer has allowed a further period in which the person may pay the relevant penalty—within 14 days after the date when the further period was allowed.

(2) The reminder notice must state:

(a) the date when it is issued to the person; and

(b) the date when the infringement notice was issued; and

(d) the amount of the relevant penalty; and

(e) the amount (if any) of the relevant penalty that has been received by AFMA from the person; and

(f) the amount of the relevant penalty that has not been received by AFMA from the person; and

(g) the date when the amount of the relevant penalty owing must be paid.

(3) The reminder notice must be served in accordance with regulation 39.

41 What happens if the person pays the relevant penalty?

(1) This regulation applies to a person if:

(a) an infringement notice is served on the person; and

(b) the person pays the relevant penalty within the period referred to in the notice or any further period (not being more than 28 days) that an officer allows (whether before or after the end of the first 28 day period).

(2) The person’s liability in relation to the offence referred to in the notice is taken to be discharged.

(3) Further proceedings cannot be taken against the person for the offence.

(4) The person is not to be regarded as having been convicted of the offence.

42 Certificate of officer—prima facie evidence

(1) An officer may sign:

(a) a certificate:

(i) stating that, under regulation 39, the officer served an infringement notice on a specified person; and

(ii) specifying the date when the notice was served; and

(iii) specifying the way in which the notice was served; or

(b) a certificate stating that:

(i) under paragraph 41(1)(b), the officer did not allow a further period for payment of the relevant penalty specified in an infringement notice; and

(ii) the penalty was not paid in accordance with the notice within 28 days after the date of the notice; or

(i) under paragraph 41(1)(b), the officer allowed a further period for payment of the relevant penalty specified in an infringement notice; and

(ii) the penalty was not paid in accordance with the notice within the further time allowed.

(2) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate described in paragraph (1)(a), (b) or (c) is prima facie evidence of the matters stated in the certificate.

(3) A certificate purporting to have been signed by an officer is admissible in any proceedings as prima facie evidence of the fact that it was so signed.

43 Can there be more than 1 infringement notice for the same offence?

(1) This Part does not prevent the service of more than 1 infringement notice on a person for the same offence.

(2) Regulation 41 applies to the person if the person pays the relevant penalty in accordance with 1 of the infringement notices.

44 What if the relevant penalty is paid by cheque?

If a cheque is offered as payment of all or part of the amount of a relevant penalty, payment is taken not to have been made unless the cheque is honoured on presentation.

45 This Part does not prevent a matter being prosecuted in a court and does not mean that an infringement notice must be served in all cases

Nothing in this Part:

(a) requires an infringement notice to be served in relation to a relevant offence; or

(b) affects the liability of a person to be prosecuted for a relevant offence if the person does not comply with an infringement notice; or

(c) affects the liability of a person to be prosecuted for a relevant offence if an infringement notice is not served on the person in relation to the offence; or

(d) limits the amount of the fine that may be imposed by a court on a person convicted of a prescribed offence.

46 What is the relevant penalty?

For the purposes of these Regulations, the relevant penalty is 2 penalty units.

Part 12—Incidental catch of seabirds

Division 3—Discharge of offal

75 Application

This Division applies to:

(a) Australian boats; and

(b) foreign boats in the AFZ.

76 When a person may discharge offal

(1) A person must not discharge offal from a boat while the crew of the boat are setting:

(a) a pelagic, or drifting, longline; or

(b) a demersal longline; or

(d) a dropline.

Penalty: 10 penalty units.

(2) A person must not discharge offal from a boat while the crew of the boat are hauling a line mentioned in subregulation (1).

Penalty: 10 penalty units.

(3) Subregulation (2) does not apply if the boat concerned is exempted under regulation 77.

Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.

(4) An offence under subregulation (1) or (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) It is a defence to a prosecution under subregulation (2) if:

(a) it is not practical to store offal on the boat until the crew has finished hauling the line; and

(b) the offal is discharged during hauling:

(i) while the vessel is not under way; and

(ii) from the opposite side of the vessel to that where the line is being hauled.

Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.

77 Exemptions

(1) Subregulation 76(2) does not apply to a boat if the operator of the boat is:

(a) the holder of a fishing concession that contains a condition exempting the holder from complying with subregulation 76(2); or

(b) the holder of a scientific permit granted for the purpose of testing alternative measures to minimise the risk of incidental catch of seabirds.

(2) AFMA may include a condition in a fishing concession exempting the holder of the concession from complying with subregulation 76(2) only if the concession is for a boat with an overall length less than 20 metres.

(3) Also, if a fishing concession or scientific permit mentioned in subregulation (1) requires the holder of the concession or permit to take alternative action to minimise the risk of incidental catch of seabirds, the holder must take that action.

Penalty: 10 penalty units.

(4) An offence under subregulation (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Part 13—Collection and disclosure of information

78 Collection and disclosure of information

(1) In the performance of its functions mentioned in paragraphs 7(1)(gaa) and (gb) of the Fisheries Administration Act 1991, AFMA may collect information, including personal information, relating to any of the following:

(a) possible breaches of the laws of Australia or of a foreign country;

(b) the control and protection of Australia’s borders;

(d) research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments.

(2) AFMA may disclose the information to a government organisation if AFMA is satisfied that the information relates to the performance of a function of the government organisation.

(3) AFMA may disclose the information at the request of the government organisation or on its own initiative.

(4) AFMA may disclose the information in hard copy, electronic format or orally.

Part 13A—Application and transitional provisions

Division 1—Amendments made by the Fisheries Management Amendment (Fees) Regulation 2015

79 Application

The fees (electronic communication not used) set out in item 1 of Schedule 1 to the Fisheries Management Amendment (Fees) Regulation 2015 apply in respect of an activity on or after 1 January 2016 that is covered by a logbook furnished on or after that day.

80 Repeal of this Division

This Division is repealed on 30 June 2016.

Schedule 1A—Described areas of waters within the AFZ

(regulation 4B)

Part 2—Area of the Coral Sea Fishery

That part of the AFZ that is within the area bounded by a line:

(a) beginning at latitude 24º 30' south, longitude 154º 40' east, and

(b) running:

(i) from there generally north‑westerly along the geodesic to latitude 22º 15' south, longitude
154º 40'east; and

(ii) from there generally north‑westerly along the geodesic to latitude 18º 45'south, longitude
152º 35'east; and

(iii) from there generally north‑westerly along the geodesic to latitude 18º 20'south, longitude
148º 20'east; and

(iv) from there generally north‑westerly along the geodesic to latitude 15º south, longitude 146º east; and

(v) from there generally north‑westerly along the geodesic to latitude 13º south, longitude 145º east; and

(vi) from there northerly along the meridian of longitude 145ºeast to its intersection with the outer limit of the AFZ; and

(vii) from there generally south‑easterly along that outer limit to its intersection with the parallel of latitude 24º 30'south; and

(viii) from there west along the parallel of latitude 24º 30' south to the point where the line began.

Part 2B—Area of the Eastern Skipjack Fishery

Division 1—Area of the fishery

The part of the AFZ that is:

(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 parallel of latitude 37° 30' 24" south, in the vicinity of the border between New South Wales and Victoria, and running progressively:

(i) generally southerly and westerly along that coastline at low water to its intersection with the meridian of longitude 141° east, in the vicinity of the border between Victoria and South Australia;

(ii) south along that meridian to its intersection with the outer limit of the AFZ;

(iii) generally southerly, easterly and northerly along that outer limit to its intersection with the meridian of longitude 144° 28' east, off the coast of Queensland;

(iv) south along that meridian to its intersection with the parallel of latitude 9° 54' south;

(v) south‑westerly along the geodesic to the point of latitude 10° 15' south, longitude 144° 12' east;

(vi) southerly along the geodesic to the point of latitude 10° 28' south, longitude 144° 10' east;

(vii) west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

(viii) south along that meridian to its intersection with the northern coastline of the mainland at low water, in the vicinity of Cape York;

(ix) generally southerly along that coastline at low water to the point where the line began; or

(b) adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35' south, longitude 167° 25' east, and running progressively:

(i) east along that parallel to its intersection with the meridian of longitude 168° 25' east;

(ii) south along that meridian to its intersection with the parallel of latitude 29° 50' south;

(iii) west along that parallel to its intersection with the meridian of longitude 167° 25' east;

(iv) north along that meridian to the point where the line began.

Division 2—Sub‑areas

1. Sub‑area 1 (Northern inshore)

The part of the AFZ that is:

(a) within the area bounded by a notional line beginning at latitude 10° 28' south, longitude 144° 10' east and running progressively:

(i) south along that meridian to its intersection with the parallel of latitude 10° 41' 14" south;

(ii) easterly along the geodesic to the point of latitude 10° 41' south, longitude 145° east;

(iii) south along that meridian to its intersection with the parallel of latitude 12° south;

(iv) south‑easterly along the geodesic to the point of latitude 14° south, longitude 147° east;

(v) south‑easterly along the geodesic to the point of latitude 17° south, longitude 149° east;

(vi) south along that meridian to its intersection with the parallel of latitude 18° south;

(vii) east along that parallel to its intersection with the meridian of longitude 152° east;

(viii) south along that meridian to its intersection with the parallel of latitude 20° 28' 49" south;

(ix) south‑easterly along the geodesic to the point of latitude 21° south, longitude 152° 55' east;

(x) south‑easterly along the geodesic to the point of latitude 24° 30' south, longitude 154° east;

(xi) west along that parallel to its intersection with the eastern coastline of the mainland at low water, in the vicinity of Baffle Creek;

(xii) generally southerly along that coastline at low water to its intersection with the parallel of latitude 37° 30' 24" south, in the vicinity of the border between New South Wales and Victoria;

(xiii) south‑easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58' south;

(xiv) generally northerly along that outer limit to its intersection with the meridian of longitude 144° 28' east, off the coast of Queensland;

(xv) south along that meridian to its intersection with the parallel of latitude 9° 54' south;

(xvi) south‑westerly along the geodesic to the point of latitude 10° 15' south, longitude 144° 12' east;

(xvii) southerly along the geodesic to the point where the line began; or

(b) adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35' south, longitude 167° 25' east, and running progressively:

(i) east along that parallel to its intersection with the meridian of longitude 168° 25' east;

(ii) south along that meridian to its intersection with the parallel of latitude 29° 50' south;

(iii) west along that parallel to its intersection with the meridian of longitude 167° 25' east;

(iv) north along that meridian to the point where the line began.

2. Sub‑area 2 (Northern offshore)