Fisheries Management (International Agreements) Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 98

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Fisheries Management Act 1991.

Dated 14 June 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PETER DOUGLAS SIDEBOTTOM

Parliamentary Secretary for Agriculture, Fisheries and Forestry

1 Name of regulation

  This regulation is the Fisheries Management (International Agreements) Amendment Regulation 2012 (No. 1).

2 Commencement

  This regulation commences on the day after it is registered.

3 Amendment of Fisheries Management (International Agreements) Regulations 2009

  Schedule 1 amends the Fisheries Management (International Agreements) Regulations 2009.

Schedule 1 Amendments

(section 3)

[1] Regulation 1.3, after definition of CCAMLR

insert

CCSBT means the Commission for the Conservation of Southern Bluefin Tuna.

[2] Regulation 1.3, after definition of FAO Standard Specifications for the Marking and Identification of Fishing Vessels

insert

ICCAT means the International Commission for the Conservation of Atlantic Tunas.

[3] Paragraph 2.1 (c)

omit

WCPFC.

insert

WCPFC; and

[4] After paragraph 2.1 (c)

insert

 (d) Schedule 3A prescribes measures to give effect to measures established by CCSBT.

[5] After regulation 2.1

insert

2.2 Identification of CCAMLR measures

  A Schedule 1 clause mentioned in an item of the following table gives effect to the CCAMLR measure mentioned in the item.

2.3 Identification of IOTC measures

  A Schedule 2 clause mentioned in an item of the following table gives effect to the IOTC measure mentioned in the item.

2.4 Identification of WCPFC measures

  A Schedule 3 clause mentioned in an item of the following table gives effect to the WCPFC measure mentioned in the item.

2.5 Identification of CCSBT measures

  A Schedule 3A clause mentioned in an item of the following table gives effect to the CCSBT measure mentioned in the item.

[6] Schedule 1, subclause 3.2

omit

Convention area:

insert

Convention Area:

[7] Schedule 1, after subclause 7.2

insert

7.3  A person using a non-Contracting Party boat outside the Convention Area for fishing must not participate in a transhipment or a joint fishing operation supporting or resupplying a boat that is listed on the NCP-IUU vessel list.

[8] Schedule 1, subclause 8.1

omit the first mention of

or a fishery

[9] Schedule 1, paragraphs 8.1 (a) and (b)

omit

subclause 8.2

insert

subparagraphs 8.2 (b) (i) to (xiv)

[10] Schedule 1, subclause 8.2

substitute

8.2  Paragraph 8.1 (b) does not apply to a person using a Contracting Party boat licensed under Conservation Measure 10-02 in the Convention Area if:

 (a) the boat is used for the transhipment of goods other than harvested marine living resources, bait or fuel; and

 (b) no later than 2 hours before the transhipment, the person has given the Flag State or the CCAMLR Secretariat the following information:

 (i) the boat’s name;

 (ii) the boat’s registration number;

 (iii) the boat’s international radio call sign;

 (iv) the Flag State of the boat;

 (v) the type of boat;

 (vi) the length of the boat;

 (vii) the gross registered tonnage of the boat;

 (viii) the carrying capacity of the boat;

 (ix) the proposed time of the transhipment;

 (x) the proposed location of the transhipment, expressed in latitude and longitude;

 (xi) details of the type of the catch that is to be transhipped;

 (xii) details of the amount of the catch that is to be transhipped;

 (xiii) details of the type of any other goods that are to be transhipped (such as food stores and fuel);

 (xiv) details of the amount of any other goods that are to be transhipped (such as food stores and fuel).

[11] Schedule 1, after clause 13

insert

13A CCAMLR Conservation Measure 22-07: Interim measure for bottom fishing activities subject to Conservation Measure 22-06 encountering potential vulnerable marine ecosystems in the Convention Area

13A.1 A person using a boat for bottom fishing activities in the Convention Area must use a line segment or a pot line to carry out the activities.

13A.2 If a VME indicator organism is retrieved on a line segment in the Convention Area, the person must:

 (a) record details about the organism; and

 (b) remove the deployed line segment; and

 (c) cease fishing; and

 (d) give the CCAMLR Secretariat and the boat’s Flag State the following information:

 (i) if 10 or more VME indicator units are recovered on a single line segment—details about the recovery of 3 VME indicator units;

 (ii) the location of the midpoint of the line segment;

 (iii) the number of VME indicator units recovered.

13A.3 If the person receives written notice from the CCAMLR Secretariat that the Convention Area is a risk area, the person must cease fishing.

13A.4 In this clause:

line segment means:

 (a) for a longline—the shorter length of longline marked at either of the following:

 (i) each 1 000 metre hook section of longline;

 (ii) each 1 200 metre section of longline; or

 (b) for a potline—the length of longline marked at each 1 200 metre section.

risk area means an area:

 (a) in which 10 or more VME indicator units are recovered on a single line segment; and

 (b) which has a radius of 1 nautical mile from the midpoint of the line segment on which the VME units mentioned in paragraph (a) were recovered.

VME indicator organism means any benthic organism listed in the CCAMLR VME Taxa Classification Guide.

Note   The CCAMLR VME Taxa Classification Guide is available on the internet at www.ccamlr.org/pu/E/sc/obs/VME-guide.pdf.

VME indicator unit means:

 (a) 1 litre of VME indicator organisms that are able to be placed in a 10 litre container; or

 (b) 1 kilogram of VME indicator organisms that are not able to be placed in a 10 litre container.

13B CCAMLR Conservation Measure 22-08: Prohibition on fishing for Dissostichus species in depths shallower than 550m in exploratory fisheries

13B.1 This clause applies to a person using a boat in the Convention Area for fishing in exploratory fisheries for Dissostichus species.

13B.2 The person must not fish in water shallower than 550 metres, other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24-01, as given effect by clause 14.

13C CCAMLR Conservation Measure 23-06: Data reporting system for Euphausia superba fisheries

13C.1 A person using a boat to fish for Euphausia superba in the Convention Area must email the Secretariat of an entry, exit or movement between Statistical Subareas and Statistical Divisions of the Convention Area no more than 24 hours after the entry, exit or movement.

[12] Schedule 1, subparagraph 18.4 (d) (iv)

omit

ash.

insert

ash; or

[13] Schedule 1, after subparagraph 18.4 (d) (iv)

insert

 (v) discard.

[14] Schedule 1, after subclause 18.5

insert

18.6  A person using a boat in the Convention Area for fishing south of 60° S may return fish or any other benthic organism to the sea if it is:

 (a) alive; and

 (b) likely to survive if returned to the sea.

18.7  In this clause:

discard means a fish or other benthic organism that is:

 (a) dead; or

 (b) alive, but unlikely to survive if returned to the sea.

[15] Schedule 1, subclause 27.1

substitute

27.1  A person using a boat in the Convention Area for fishing must not undertake directed fishing for Dissostichus species in Statistical Subarea 48.5.

[16] Schedule 1, after clause 37

insert

37A CCAMLR Conservation Measure 41-01: General measures for exploratory fisheries for Dissostichus species in the Convention Area

37A.1 A person using a boat in the Convention Area for exploratory fishing for Dissostichus species during a fishing season must:

 (a) meet the requirements of the Five-day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-01; and

 (b) record and report the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded during the fishing season, including fish with the condition known as ‘jellymeat’; and

 (c) have one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board the boat during the fishing season.

37A.2 The person must not fish for the species if the CCAMLR Secretariat has announced that the catch limit for the species has been exceeded.

37A.3 In this clause, the Five-day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-01 is taken to apply to the person.

[17] Schedule 1, subclauses 38.1 and 38.2

substitute

38.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 48.6 unless the person is fishing in the exploratory longline fishery in:

 (a) a flagged boat of Japan; or

 (b) a flagged boat of the Republic of Korea; or

 (c) a flagged boat of South Africa.

38.2  The person must not:

 (a) discharge offal in the Convention Area; or

 (b) fish in Statistical Subarea 48.6 if another flagged boat of the same country as the boat the person is using is engaged in fishing in the Subarea.

[18] Schedule 1, subclause 39.1

substitute

39.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Division 58.4.2 in a fishing season unless the person is fishing in the exploratory longline fishery in:

 (a) a flagged boat of Japan; or

 (b) a flagged boat of New Zealand; or

 (c) a flagged boat of the Republic of Korea; or

 (d) a flagged boat of Spain.

[19] Schedule 1, subclause 39.6

substitute

39.6  In this clause a fishing season is taken to start on 1 December of a year and to end on 30 November of the following year.

[20] Schedule 1, subclause 40.2

omit

[21] Schedule 1, subclauses 40.3, 40.4 and 40.5

substitute

40.2  The person must not fish for Dissostichus species in Statistical Division 58.4.3a if the precautionary catch limit for that area has been caught.

40.3  The person must ensure that:

 (a) toothfish caught by the person on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in a fishing season are tagged at a rate of at least 3 fish per tonne green weight caught; and

 (b) skates caught by the person on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in a fishing season are tagged at a rate of at least 1 skate per 5 skates caught, up to a maximum of 500 skates per boat; and

 (c) at least one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, is on board during all fishing activities.

40.4  In this clause, a fishing season is taken to start on 1 May of a year and to end on 31 August of that year.

[22] Schedule 1, subclause 41.1

substitute

41.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species on BANZARE Bank (Statistical Division 58.4.3b) outside areas of national jurisdiction in a fishing season unless the person is fishing in the exploratory longline fishery in a flagged boat of Japan.

[23] Schedule 1, subclause 41.4

omit

[24] Schedule 1, subclause 41.5

renumber as subclause 41.4

[25] Schedule 1, paragraphs 42.1 (a) to (i)

substitute

 (a) a flagged boat of Japan; or

 (b) a flagged boat of the Republic of Korea; or

 (c) a flagged boat of New Zealand; or

 (d) a flagged boat of Russia; or

 (e) a flagged boat of Spain; or

 (f) a flagged boat of the United Kingdom; or

 (g) a flagged boat of Uruguay.

[26] Schedule 1, subclauses 42.2 to 42.6

substitute

42.2  The person must ensure that:

 (a) toothfish caught in each SSRU within Statistical Subarea 88.1 are tagged at a rate of at least 3 fish per tonne green weight caught; and

 (b) skates caught in Statistical Subarea 88.1 are tagged at a rate of at least 1 skate per 5 skates caught, up to a maximum of 500 skates per boat; and

 (c) at least 2 scientific observers are on board throughout all fishing activities, and that at least one of them is appointed in accordance with the CCAMLR Scheme of International Scientific Observation; and

 (d) night setting occurs in accordance with Conservation Measure 25-02 if a total of 3 seabirds are caught in the fishing season; and

 (e) the person does not fish for Dissostichus species within 10 nautical miles of the Balleny Islands.

42.3  The person must not fish for Dissostichus species in Statistical Subarea 88.1 if the precautionary catch limit for that area has been caught.

42.4  The person must:

 (a) meet the requirements of the Five‑day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-01; and

 (b) meet the requirements of the Monthly Fine‑Scale Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-04; and

 (c) meet the requirements of the Daily Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-07; and

 (d) submit fine-scale data on a haul-by-haul basis.

42.5  In this clause:

 (a) a fishing season is taken to start on 1 December of a year and to end on 31 August of the following year; and

 (b) the Five‑day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-01 is taken to apply to the person; and

 (c) the Monthly Fine‑scale Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-04 is taken to apply to the person; and

 (d) the Daily Catch and Effort Reporting System set out in Conservation Measure 23-07 is taken to apply to the person.

[27] Schedule 1, clause 43

substitute

43 CCAMLR Conservation Measure 41-10: Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.2

43.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 88.2 in a fishing season unless the person is fishing in the exploratory longline fishery in:

 (a) a flagged boat of the Republic of Korea; or

 (b) a flagged boat of New Zealand; or

 (c) a flagged boat of Russia; or

 (d) a flagged boat of Spain; or

 (e) a flagged boat of the United Kingdom; or

 (f) a flagged boat of Uruguay.

43.2  The person must not fish for Dissostichus species in Statistical Subarea 88.2 if the precautionary catch limit for that area has been caught.

43.3  The person must ensure that:

 (a) toothfish caught in Statistical Subarea 88.2 are tagged at a rate of at least 1 fish per tonne green weight caught in each SSRU mentioned in CCAMLR Conservation Measure 41‑10; and

 (b) skates caught in Statistical Subarea 88.1 are tagged at a rate of at least 1 skate per 5 skates caught, up to a maximum of 500 skates per vessel; and

 (c) if a total of 3 seabirds is caught in a fishing season—night setting is carried out in accordance with CCAMLR Conservation Measure 25‑02; and

 (d) at least 2 scientific observers are on board during all fishing activities; and

 (e) at least one of the scientific observers has been appointed in accordance with the CCAMLR Scheme of International Scientific Observation.

[28] Schedule 1, clauses 44

substitute

44 CCAMLR Conservation Measure 41-11: Limits on the exploratory fishery for Dissostichus species in Statistical Division 58.4.1

44.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Division 58.4.1 in a fishing season unless the person is fishing in the exploratory longline fishery in:

 (a) a flagged boat of Japan; or

 (b) a flagged boat of the Republic of Korea; or

 (c) a flagged boat of New Zealand; or

 (d) a flagged boat of South Africa; or

 (e) a flagged boat of Spain.

44.2  The person must not fish for Dissostichus species in Statistical Division 58.4.1 if the precautionary catch limit for that area has been caught.

44.3  The person must ensure that:

 (a) toothfish caught in Statistical Subarea 58.4.1 are tagged at a rate of at least 3 fish per tonne green weight caught in each SSRU mentioned in CCAMLR Conservation Measure 41‑11; and

 (b) if a total of 3 seabirds are caught in a fishing season—night setting is carried out in accordance with CCAMLR Conservation Measure 25‑02; and

 (c) at least 2 scientific observers are on board during all fishing activities; and

 (d) at least one of the scientific observers has been appointed in accordance with the CCAMLR Scheme of International Scientific Observation.

44.4  The person must:

 (a) meet the requirements of the Five‑day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-01; and

 (b) meet the requirements of the Monthly Fine‑scale Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-04; and

 (c) meet the requirements of the Daily Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-07; and

 (d) submit fine‑scale data on a haul‑by‑haul basis.

44.5  In this clause:

 (a) the Five-day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-01 is taken to apply to the person; and

 (b) the Monthly Fine-scale Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-04 is taken to apply to the person; and

 (c) the Daily Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-07 is taken to apply to the person.

[29] Schedule 1, after subclause 48.3

insert

48.4  In this clause, a fishing season starts on 1 December of a year and ends on the earlier of:

 (a) 30 November of the following year; and

 (b) the time at which the catch limit is reached.

[30] Schedule 1, clause 49

substitute

49 CCAMLR Conservation Measure 51-06: General measure for scientific observation in fisheries for Euphausia superba

49.1  A person using a boat to fish for Euphausia superba in the CCAMLR Convention Area must report the total green weight of krill caught and brought on board the boat.

49A CCAMLR Conservation Measure 51-07: Interim distribution of the trigger level in the fishery for Euphausia superba in the Statistical Subareas 48.1 to 48.4

49A.1 A person using a boat must not fish for Euphausia superba in Statistical Subareas 48.1 to 48.4 when the trigger level for each Subarea has been reached.

49A.2 In this clause:

 (a) the trigger level in Subarea 48.1 is 25% of the catch limit set out in paragraph 3 of the CCAMLR Conservation Measure 51-01; and

 (b) the trigger level in Subarea 48.2 is 45% of the catch limit set out in paragraph 3 of the CCAMLR Conservation Measure 51-01; and

 (c) the trigger level in Subarea 48.3 is 45% of the catch limit set out in paragraph 3 of the CCAMLR Conservation Measure 51-01; and

 (d) the trigger level in Subarea 48.4 is 15% of the catch limit set out in paragraph 3 of the CCAMLR Conservation Measure 51-01.

[31] Schedule 1, paragraph 50.3 (a)

omit

year; and

insert

year; or

[32] Schedule 1, subclause 50.4

substitute

50.4  The person must:

 (a) meet the requirements of the Ten‑day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-02; and

 (b) meet the requirements of the Monthly Fine‑scale Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23-04; and

 (c) submit fine‑scale data on a haul‑by‑haul basis.

[33] Schedule 1, after clause 52

insert

53 CCAMLR Conservation Measure 91-03: Protection of the South Orkney Islands southern shelf

53.1  A person using a boat in the Convention Area must not:

 (a) undertake any fishing in the defined area, other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24-01, as given effect by clause 14; or

 (b) dump or discharge waste product from the boat; or

 (c) participate in transhipment activity.

53.2  In this clause:

defined area means the South Orkney Islands southern marine shelf area bounded by a line beginning at 60° 30 S, 41  W, and running progressively as described in the following table.

[34] Schedule 2, after clause 5

insert

5A IOTC Resolution: For the conservation and management of tropical tuna stocks

5A.1 This clause applies to a person who is:

 (a) fishing for tuna or tuna like species using a boat in the IOTC Area that:

 (i) is within the exclusive economic zone of the country under which the boat is flagged; and

 (ii) is 24 metres or more in length; or

 (b) fishing for tuna or tuna like species using a boat in the IOTC Area that:

 (i) is outside the exclusive economic zone of the country under which the boat is flagged; and

 (ii) is under 24 metres in length.

5A.2 If the person is using the boat for longline fishing, the person must not fish for tuna or tuna-like species within the area bound by 0–10 N and 40–60 E during the hours starting at 0000 hours on 1 February and ending at 2400 hours on 1 March.

5A.3 If the person is using the boat for purse seine fishing, the person must not fish for tuna or tuna-like species within the area bound by 0–10 N and 40–60 E during the hours starting at 0000 hours on 1 November and ending at 2400 hours on 1 December.

[35] Schedule 2, subclause 8.1, note

omit

[36] Schedule 2, subclause 8.2

omit

30°S

insert

25° S

[37] Schedule 2, subparagraphs 8.2 (d) (i) and (ii)

substitute

 (i) the minimum technical standards for the measure included in Annex I of IOTC Resolution on reducing the incidental bycatch of seabirds in longline fisheries; and

 (ii) the specifications for the measure included in Annex II of that IOTC Resolution.

[38] Schedule 2, subclause 8.2, note

substitute

Note   IOTC Resolution on reducing the incidental bycatch of seabirds in longline fisheries, including Annex I and Annex II, is available on the internet at www.iotc.org.

[39] Schedule 2, after subclause 8.2

insert

8.3  In this clause:

hookline means a groundline or mainline to which baited hooks are attached by snoods.

[40] Schedule 2, after clause 13

insert

14 IOTC Resolution: On the Conservation of Thresher Sharks (Family Alopiidae) caught in Association with Fisheries in the IOTC Agreement Area

14.1 A person using a boat which appears on the IOTC record of authorised vessels:

 (a) must release all species of the Family Alopiidae that are brought alongside the boat; and

 (b)  must release the species unharmed if practicable; and

 (c) must not retain on board, store, tranship, land, offer for sale, or sell, any part or whole carcass of the species.

[41] Schedule 3, subclause 2.1

substitute

2.1  A person using a boat in the Convention Area for fishing must not fish for highly migratory fish stocks unless the boat is recorded on the WCPFC Record of Fishing Vessels.

[42] Schedule 3, subclause 2.2

omit

Vessels.

insert

Vessels or the WCPFC Interim Register of Non-Member Carrier and Bunker Vessels.

[43] Schedule 3, subclause 2.2, note

omit

[44] Schedule 3, after subclause 2.2

insert

2.3 The person must not bunker or otherwise receive supplies from a boat that is not recorded on the WCPFC Interim Register of non-Member Carrier and Bunker Vessels.

Note   The WCPFC Record of Fishing Vessels and the WCPFC Interim Register of Non-Member Carrier and Bunker Vessels are available on the internet at www.wcpfc.int.

[45] Schedule 3, subclause 4.1

substitute

4.1  To give effect to WCPFC Conservation and Management Measure 2006-08, if a boat that is licensed to operate in the Convention Area is on the high seas in the Convention Area, a person using the boat must allow an authorised inspector to board and inspect the boat.

[46] Schedule 3, subclause 5.1

substitute

5.1  A person using a boat that is licensed to operate in the Convention Area for fishing:

 (a) if the Commission requires—must allow an observer to board the boat; and

 (b) must not obstruct the observer in the performance of his or her duties; and

 (c) must assist the observer to perform his or her duties safely.

[47] Schedule 3, paragraph 6.1 (b)

substitute

 (b) that is of the minimum standard mentioned in Annex 1 to the WCPFC Conservation and Management Measure on the Commission Vessel Monitoring System; and

[48] Schedule 3, subclause 8.2 and note

omit

Measure 2007-04.

insert

Measure to Mitigate the Impact of Fishing for Highly Migratory Fish Stocks on Seabirds.

[49] Schedule 3, subparagraph 9.5 (b) (vii)

omit

Solomon Islands.

insert

Solomon Islands; and

[50] Schedule 3, after subparagraph 9.5 (b) (vii)

insert

 (viii) Tuvalu.

[51] Schedule 3, subclause 9.1

omit

must not, on and after 1 July 2010, fish

insert

must not fish

[52] Schedule 3, subclause 10.4

omit

must, on and after 1 January 2010, record

insert

must record

[53] Schedule 3, paragraph 10.5 (c)

substitute

 (c) if a sea turtle is entangled in a fish aggregating device or other fishing gear—if practicable, release it from the device or gear; and

 (d) carry and use dip nets if handling turtles.

[54] Schedule 3, after clause 12

insert

13 WCPFC CMM 2009-02: Application of High Seas FAD Closure and Catch Retention

13.1 This clause applies to a person using a purse seine boat to fish for highly migratory fish stocks on the high seas in the area of the Convention Area bounded by 20 N and 20 S in the closure period starting at 0000 hours on 1 July in a calendar year and ending at 2400 hours on 30 September in the year.

13.2 The person must not:

 (a) conduct any part of a set within 1 nautical mile of a FAD; or

 (b) allow the boat to be used to aggregate fish or to move aggregated fish; or

 (c) retrieve a FAD or electronic equipment associated with a FAD unless:

 (i) the FAD or electronic equipment are kept on board the boat until the boat lands or the end of the closure; and

 (ii) the boat does not conduct a set for a period of 7 days after the day of the retrieval or within 50 nautical miles of the place at which the retrieval occurred; or

 (d) cooperate with another boat in order to catch aggregated fish; or

 (e) fish during the closure period within 1 nautical mile of a place where a FAD has been retrieved by another vessel, unless more than 24 hours has passed since the FAD was retrieved.

13.3 The person may release fish if the person considers the fish to be undesirable because of the size of the fish, the marketability of the fish or the species composition of the fish.

13.4 However, the person must not release the fish unless the person does so before the net is fully pursed and one half retrieved.

13.5 The person may discard fish if any of the circumstances mentioned in subclause 13.6 occurs and an observer has estimated the species composition of the fish to be discarded.

13.6 For subclause 13.5, each of the following are circumstances:

 (a) the fish are unfit for human consumption for a reason other than the size or marketability of the fish;

 (b) a serious malfunction of the boat’s equipment occurs;

 (c) in a final set of a trip:

 (i) there is insufficient well space in the boat to accommodate all the fish to be caught in the final set; and

 (ii) the person attempts to release the fish alive; and

 (iii) the person does not undertake any further fishing until the fish on board the boat are landed or transhipped.

13.7 If the person discards fish, the person must give the Executive Director of the Commission, no later than 48 hours after the fish have been discarded, a statement containing the following information:

 (a) the boat’s name, flag and WCPFC Identification Number;

 (b) the name and nationality of the master of the boat;

 (c) the boat’s licence number;

 (d) the name of the observer;

 (e) the date and time on which the person discarded the fish;

 (f) the latitude and longitude at which the fish were discarded;

 (g) the type of FAD used;

 (h) the reason the fish from the set were discarded;

 (i) the estimated tonnage and species composition of fish from the set that were discarded;

 (j) the estimated tonnage and species composition of fish from the set that were not discarded.

13.8  If the person discards fish in the circumstance mentioned in paragraph 13.6 (c), the statement mentioned in subclause 13.7 must also include a statement that no further fishing will be undertaken until the catch on board has been landed or transhipped.

13.9 The person must give a copy of the statement to the observer.

13.10 In this clause:

FAD means a Fish Aggregating Device that:

 (a) has or has not been deployed; and

 (b) is an object or group of objects of any size with which fish may associate; and

 (c) consists of, but is not limited to, the following:

 (i) living marine life;

 (ii) dead marine life;

 (iii) tree matter;

 (iv) non-living equipment.

Note   Examples of FADs are a whale shark, bamboo, logs, buoys, floats, netting, webbing and plastics that are floating on or near the surface of the water.

14 WCPFC CMM: Prohibiting Fishing on Data Buoys

14.1 A person using a boat in the Convention Area for fishing must not fish within 1 nautical mile of or interact with a data buoy unless the WCPFC has authorised the fishing.

14.2 If a boat becomes entangled with a data buoy, the person must remove the entangled boat or fishing gear connected to the boat in a way that limits any damage to the data buoy.

14.3 In this clause:

data buoy means a floating device that:

 (a) is used for collecting and measuring environmental data; and

 (b) is not used for fishing.

15 WCPFC CMM: Regulation of Transhipment

15.1 A person must not tranship highly migratory fish stocks caught in the Convention Area unless:

 (a) the person has completed a transhipment declaration in the approved form; and

 (b) an observer is onboard the boat receiving the transhipment; and

 (c) the boat receiving the transhipment is only receiving product from 1 boat at a time.

15.2 However, the person may tranship highly migratory fish stocks caught in the Convention Area to another boat if the transhipping is a result of:

 (a) force majeure; or

 (b) a serious mechanical breakdown of the boat that could threaten the safety of the crew or result in significant financial loss to the person as a result of the fish spoiling.

15.3 If the person is using a purse seine boat, the person must not tranship the fish stock at sea unless the WCPFC has granted an exemption.

15.4 If the person is not using a purse seine boat, the person must not tranship the fish stock unless the person gives the following information to the Executive Director of the Commission of the WCPFC no less than 36 hours before the transhipment occurs:

 (a) the name and identification number of the offloading boat;

 (b) the name and identification number of the receiving boat;

 (c) a description of the fish including the species and its processed state (if any);

 (d) the tonnage of fish to be transhipped;

 (e) the day and time of the transhipment;

 (f) the place that the transhipment will occur including the latitude and longitude of the place;

 (g) the place or places where the fish stock was caught.

15.5 If the person is not using a purse seine boat, the person must give a transhipment declaration form to the WCPFC no later than 15 days after the transhipment occurs.

[55] After Schedule 3

insert

Schedule 3A Prescribed measures—Extended Commission for Conservation of Southern Bluefin Tuna

(paragraph 2.1 (d))

1 Definition

1.1  In this Schedule:

ICCAT recommendation for vessel monitoring systems means the recommendation by ICCAT concerning Minimum Standards for the Establishment of a Vessel Monitoring System in the ICCAT Convention Area and as in force from time to time.

2 Illegal, Unregulated and Unreported Fishing and Establishment of CCSBT Record of Vessels over 24 metres Authorised to Fish for Southern Bluefin Tuna

2.1  A person using a boat for a fishing trip must not fish for Southern Bluefin Tuna unless:

 (a) the boat is recorded on the Record of Vessels to which the Resolution relates; and

 (b) a certificate (however described) of registration of the boat is in force and on board the boat; and

 (c) an authorisation (however described) to fish is in force for the boat and on board the boat; and

 (d) if transhipping will be undertaken on the fishing trip—an authorisation (however described) to tranship is in force for the boat and on board the boat; and

 (e) the person does not engage in activities with another boat fishing for Southern Bluefin Tuna if the other boat is not recorded on the CCSBT Record of Fishing Vessels.

Note 1   The Resolution on establishing the CCSBT Vessel Monitoring System is available on the internet at www.ccsbt.org.

Note 2   The CCSBT Record of Vessels is available on the internet at www.ccsbt.org.

3 CCSBT Resolution on Establishing the CCSBT Vessel Monitoring System

3.1  A person who is using a boat to fish for Southern Bluefin Tuna in the CCAMLR area of competence must have an operational vessel monitoring system in accordance with clause 4 of Schedule 1.

3.2  A person who is using a boat to fish for Southern Bluefin Tuna in the IOTC area of competence must have an operational vessel monitoring system in accordance with clause 4 of Schedule 2.

3.3  A person who is using a boat to fish for Southern Bluefin Tuna in the WCPFC area of competence must have an operational vessel monitoring system in accordance with clause 6 of Schedule 3.

3.4  A person who is using a boat to fish for Southern Bluefin Tuna in the ICCAT area of competence must have an operation vessel monitoring system in accordance with recommendation 03-14 of the ICCAT recommendation for vessel monitoring systems.

Note 1   The CCAMLR area of competence is the Southern Ocean surrounding Antarctica, south of 60º S latitude and between that latitude and the Antarctic Convergence. The Antarctic Convergence is a line joining the following points along latitude and longitude lines: 50º S, 0º; 50º , 30º E; 45º S, 30º E; 45º S, 80º E; 55º S, 80º E; 55º S, 150º E; 60º S, 150º E; 60º S, 50º W; 50º S, 50º W; 50º S, 0º.

Note 2   The IOTC area of competence is the Indian Ocean (FAO statistical areas 51 and 57) and adjacent seas, north of the Antarctic Convergence, to the extent necessary to cover those seas for the purpose of conserving and managing stocks that migrate into or out of the Indian Ocean.

Note 3   The WCPFC area of competence is set out on the internet at www.wcpfc.int.

Note 4   The ICCAT area of competence is set out on the internet at www.iccat.int.

4 CCSBT Resolution on establishing a program for Transhipment by Large-Scale Fishing Vessels

Boat from which transhipment occurs

4.1  A person using a boat equipped with longlines and freezing capacity (the first boat) for the purpose of transhipping Southern Bluefin Tuna to another boat (the second boat) must:

 (a) tranship Southern Bluefin Tuna to the second boat only if the second boat is recorded on the CCSBT Record of Carrier Vessels; and

 (b) notify the first boat’s flag State national fisheries authority about the transhipment at least 24 hours before the transhipment occurs; and

 (c) include with the notification the following information:

 (i) the name and number of the first boat as recorded in the CCSBT Record of Carrier Vessels;

 (ii) the name and number of the second boat as recorded in the CCSBT Record of Carrier Vessels;

 (iii) the amount by tonnage of Southern Bluefin Tuna that was transhipped;

 (iv) the day on which and the place at which the transhipment occurred;

 (v) the geographic location at which the Southern Bluefin Tuna was caught;

 (vi) the type of vessel used in the transhipment including the length of the vessel, the gross tonnage of the vessel and the vessel’s carrying capacity; and

 (d) notify the first boat’s flag State national fisheries authority, in the approved form and no later than 15 days after the transhipment occurs, that the transhipment has occurred.

Boat to which transhipment occurs

4.2  The person using the second boat to receive a transhipment of Southern Bluefin Tuna from the first boat must not allow the second boat to receive the transhipment unless the first boat is recorded on the CCSBT Record of Carrier Vessels.

4.3  The person using the second boat must:

 (a) notify the second boat’s flag State national fisheries authority, in the approved form and no later than 24 hours after the transhipment occurs, that the transhipment has occurred; and

 (b) when the transhipment occurs—ensure that a CCSBT regional observer is on board the first boat unless:

 (i) a force majeure, or another unexpected and disruptive event, has prevented the person from having the observer on board; and

 (ii) the person has notified the CCSBT Executive Secretary that the observer is not on board; and

 (c) no later than 48 hours before landing the Southern Bluefin Tuna:

 (i) notify the competent authority of the State fishing entity where the landing is to take place, in the approved form, that the transhipment has occurred; and

 (ii) include with the notification the number of the second boat as recorded in the CCSBT Record of Carrier Vessels.

[56] Further amendments

[57] Further amendments—omissions in headings

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.