Part 1 Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Fisheries Management Regulations 1992.
2 Commencement [see Note 1]
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.
approved logbook means a logbook of a kind that is referred to in a determination under subregulation 32 (1).
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.
coast radio station means an Australian coast radio station operated by the Overseas Telecommunications Corporation or the Australia and Overseas Telecommunications Corporation.
declared fishery means a fishery in respect of which AFMA has published a declaration under subsection 91 (1) of the Act.
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.
infringement notice means a notice issued under regulation 38.
logbook means a return recording information as set out in section 42 of the Act.
Register of Tenders means the Register maintained by the Managing Director under paragraph 7 (a).
relevant offence means an offence against:
(a) section 93 or 95 of the Act; or
(b) a provision of Part 9.
relevant penalty, in relation to a relevant offence, means the penalty prescribed in regulation 46.
representative means a representative appointed by the Minister under regulation 5.
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.
(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
(c) Australian boats; 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
(c) Australian boats; 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
(c) Australian boats; 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¢ 07² south, longitude 67° 03¢ 20² east; and
(iii) from there north-easterly along the geodesic to latitude 52° 42¢ 28² south, longitude 68° 05¢ 31² east; and
(iv) from there north-easterly along the geodesic to latitude 51° 58¢ 18² south, 69° 44¢ 02² east; and
(v) from there north-easterly along the geodesic to latitude 51° 24¢ 32² south, longitude 71° 12¢ 29² east; and
(vi) from there north-easterly along the geodesic to latitude 51° 03¢ 09² south, longitude 72° 28¢ 28² east; and
(vii) from there north-easterly along the geodesic to latitude 50° 54¢ 23² south, longitude 72° 49¢ 21² east; and
(viii) from there north-easterly along the geodesic to latitude 49° 49¢ 34² south, longitude 75° 36¢ 08² east; and
(ix) from there north-easterly along the geodesic to latitude 49° 24¢ 07² south, longitude 76° 24¢ 17² 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.
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.
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
(c) Australian boats; 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
(c) Australian boats; and
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line beginning at latitude 62° south, longitude 30° east and running progressively:
· east along the parallel of latitude 62° south to its intersection with the meridian of longitude 60° east
· north along that meridian to its intersection with the parallel of latitude 55° south
· east along that parallel to its intersection with the meridian of longitude 89° east
· south along that meridian to its intersection with the parallel of latitude 64° south
· west along that parallel to its intersection with the meridian of longitude 80° 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 30° 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
4B Fisheries
For the purposes of the Act, there are, in addition to fisheries for which plans of management have been made under section 17 of the Act, the following fisheries:
(a) the Bass Strait Scallop Fishery, being fishing activity engaged in in the area set out in Part 1 of Schedule 1A;
(b) the Christmas Island and Cocos (Keeling) Islands Fishery, being fishing activity engaged in in the area set out in Part 1A of Schedule 1A;
(c) the Coral Sea Fishery, being fishing activity engaged in in the area set out in Part 2 of Schedule 1A;
(d) the East Coast Deepwater Zone Fishery, being fishing activity engaged in in the area set out in Part 2A of Schedule 1A;
(da) the Eastern Skipjack Fishery, being commercial fishing for skipjack tuna by the purse-seining method engaged in in the area set out in Division 1 of Part 2B of Schedule 1A;
Note The area of the Eastern Skipjack Fishery is divided into the sub-areas set out in Division 2 of Part 2B of Schedule 1A.
(e) the Eastern Tuna and Billfish Fishery, being fishing, other than commercial fishing for skipjack tuna by the purse-seining method, engaged in in the area set out in Part 3 of Schedule 1A;
(f) the Gillnet, Hook and Trap Fishery, being fishing activity engaged in in the area set out in Part 3A of Schedule 1A;
(g) the Small Pelagic Fishery, being fishing activity engaged in in the area set out in Part 4 of Schedule 1A;
(h) the Macquarie Island Fishery, being fishing activity engaged in in the area set out in Part 5 of Schedule 1A;
(i) the Norfolk Island Offshore Demersal Finfish Fishery, being fishing activity engaged in in the area set out in Part 5A of Schedule 1A;
(j) the North West Slope Fishery, being fishing activity engaged in in the area set out in Part 6 of Schedule 1A;
(k) the South East Trawl Fishery, being fishing activity engaged in in the area set out in Part 7 of Schedule 1A;
(l) the Southern Squid Fishery, being fishing activity engaged in in the area set out in Part 10 of Schedule 1A;
(m) the Southern Tuna and Billfish Fishery, being fishing, other than commercial fishing for skipjack tuna by the purse-seining method, engaged in in the area set out in Part 11 of Schedule 1A;
(n) the South Tasman Rise Fishery, being fishing activity engaged in in the area set out in Part 11A of Schedule 1A;
(o) the Victorian Inshore Trawl Fishery, being fishing activity engaged in in the area set out in Part 11B of Schedule 1A;
(p) the Western Deep Water Trawl Fishery, being fishing activity engaged in in the area that is made up of the sub-areas set out in Divisions 1 and 2 of Part 12 of Schedule 1A;
(pa) the Western Skipjack Fishery, being commercial fishing for skipjack tuna by the purse-seining method engaged in in the area that is made up of the sub-areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A;
(q) the Western Tuna and Billfish Fishery, being fishing, other than commercial fishing for skipjack tuna by the purse-seining method, engaged in in the area that is made up of the sub-areas set out in Divisions 1 and 2 of Part 13 of Schedule 1A.
Note 1 The following plans of management have been made under section 17 of the Act:
(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S422 of 7 November 2002);
(b) the Great Australian Bight Trawl Fishery Management Plan (notified in Gazette No. S205 of 2 July 1993);
(c) the Heard Island and McDonald Islands Fishery Management Plan 2002 (notified in Gazette No. GN 21 of 29 May 2002);
(d) the Northern Prawn Trawl Fishery Management Plan 1995 (notified in Gazette No. S49 of 10 February 1995);
(e) the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995).
Note 2 Certain other fishing activities are permitted by AFMA under arrangements it describes as informally managed fisheries.
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
(c) the PL Sector, being commercial fishing for tuna by the poling method; 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
(c) fish of the family Bramidae (commonly known as pomfrets or rays bream).
Part 3 Administration of fishing concessions
5 Representative of the Minister
For the purposes of this Part, the Minister must appoint a person as his or her representative.
6 Auction for the grant of a fishing right
(1) For the purposes of 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.
7 Tender for the grant of a fishing right
For the purposes of subsection 28 (1) of the Act, if a grant of a fishing right is to be made by tender, the following procedures are prescribed to select the person to whom the grant will be made:
(a) AFMA must maintain a Register of Tenders for the purposes of this regulation;
(b) AFMA must, in writing, nominate a place at which AFMA will keep envelopes containing tenders until they are opened;
(c) AFMA must keep the envelopes at the place nominated under paragraph (b);
(d) AFMA must ensure that a representative is present when the envelopes are opened;
(e) AFMA must open the envelopes as soon as practicable after the period for lodging them ends;
(f) AFMA must record the name of each tenderer and the amount of the tender in the Register of Tenders when the envelope is opened;
(g) AFMA must rank the persons making the tenders in the order of the person making the highest tender first, followed by the remaining persons in descending order of the amounts of their tenders;
(h) if more than 1 person makes a tender of the same amount AFMA must rank those persons in the order in which their envelopes are opened.
8 Ballot for the grant of a fishing right
For the purposes of subsection 28 (1) of the Act, if a grant of a fishing right is to be made by ballot, the following procedures are prescribed to select the person to whom the grant will be made:
(a) AFMA must write the name of each eligible person on a separate piece of paper (in this regulation referred to as the ballot paper) that is the same size as the other ballot papers;
(b) AFMA must ensure that a representative is present when the ballot is conducted;
(c) AFMA must show the ballot papers to all persons who are present before 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.
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 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, the holder of a fish receiver permit 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;
(c) the name of the boat that was used to take the fish;
(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);
(c) longtail tuna (Thunnus tonggol);
(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;
(c) the name and amount (by weight) of each species of 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);
(c) longtail tuna (Thunnus tonggol);
(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;
(c) the name and amount (by weight) of each species of fish;
(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, the holder of a fish receiver permit 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 the holder of a fish receiver permit is taken to be the agent of the holder of the permit.
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;
(c) the day and time (in Greenwich Mean Time) 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;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to leave the port;
(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;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(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.
(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;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(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 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;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(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 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;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to leave the port;
(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.
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
(c) in a reasonably legible form; 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
(c) within 12 hours after the time set out in the concession for making the report.
(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.
18 Observers to be carried on boats
(1) For the purposes of this regulation, AFMA may nominate as an observer:
(a) an officer; or
(b) a person who is engaged in marine research; or
(c) a person who is interested in methods of catching or processing fish.
(1A) If the nominated person is not an officer appointed under section 83 of the Act, AFMA must issue an identity card to the nominated person before he or she boards the boat.
(1B) An identity card must:
(a) be in a form approved by AFMA; and
(b) bear a recent photograph of the nominated person; and
(c) state the name of the nominated person; and
(d) be signed by AFMA.
(1C) The master is not required to carry a nominated person on the boat if, on the master’s request, the person does not produce his or her identity card to the master before boarding the boat.
(1D) A person ceases to be a nominated person when AFMA notifies the person in writing that the nomination has been revoked.
(1E) A person who ceases to be a nominated person must, as soon as practicable, return his or her identity card to AFMA.
(2) AFMA may, in writing or by radio message, ask the master of a boat that is being used in the AFZ under a fishing concession to carry a nominated person on the boat.
(3) The request must be delivered, or made by radio, to the master at least 36 hours before the day on which the nominated person is to board the boat.
(4) The request must include:
(a) the nominated person’s name; and
(b) if he or she is not self-employed:
(i) the name and business address of his or her employer; and
(ii) the nature of his or her employment; and
(c) if he or she is self-employed:
(i) a statement to that effect; and
(ii) his or her occupation; and
(d) the day, time and place at which he or she is to board the boat; and
(e) the reason for carrying him or her on the boat; and
(f) the equipment (if any) that he or she will take on board the boat in relation to that reason; and
(g) the day, time and place at which he or she will leave the boat.
(5) The places referred to in paragraphs (4) (d) and (4) (g) must be places that are reasonable having regard to the proposed fishing operations of the boat.
(6) If a request is made to the master, the master must:
(a) make the boat available to receive the nominated person in accordance with the request; and
(b) carry the person on the boat; and
(c) provide the person with food and accommodation at at least the standard that is appropriate for a junior officer serving on the boat; and
(d) allow the person to have access to the parts of the boat to which the person reasonably requires access; and
(e) allow the person to use facilities and equipment that he or she reasonably requires to operate equipment taken on board the boat in accordance with the request; and
(f) give the person the information that he or she reasonably asks for in relation to:
(i) the boat; or
(ii) its equipment; or
(iii) fish taken using the boat; and
(g) allow the person to leave the boat in accordance with the request.
Maximum penalty: 10 penalty units.
(6A) It is a defence to a prosecution under subregulation (6) 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.
(7) If the nominated person asks the master to send a radio message, the master must send the message as soon as practicable.
Maximum penalty: 10 penalty units.
(8) The master may recover from the nominated person the costs incurred in sending a message under subregulation (7).
(9) If the master receives a radio message for the nominated person, the master must give the message to the person as soon as practicable.
Maximum penalty: 10 penalty units.
(10) The holder of the fishing concession in relation to which the boat is used must not obstruct the master in carrying out the master’s obligations under this regulation.
Maximum penalty: 10 penalty units.
(11) An offence under subregulation (6), (7), (9) or (10) 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
(c) the proceeds of the sale of the equipment must be paid to AFMA.
(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 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) There is payable, in relation to a matter referred to in column 2 of an item in Schedule 2, the fee set out in column 3 of that item.
(2) Despite subregulation (1) and item 9 of Schedule 2, no fee is payable on the variation of a condition of a fishing permit if the variation is to take account of the transfer of quota units of a scheduled species of fish:
(a) to that permit from another permit for the same fishery; or
(b) from that permit to another permit for the same fishery.
(3) In subregulation (2):
scheduled species, in relation to a fishing permit, means a species for which quota units are specified in an Attachment to the permit.
(4) Despite subregulation (1) and item 16 of Schedule 2, no fee is payable for an application for a port permit in respect of 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 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
(c) AFMA is satisfied that the person was granted the concession or permit; 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 Logbooks and references to areas
31 Logbooks
(1) AFMA must publish a form of logbook if AFMA believes that information should be recorded in the logbook for the purposes of the Act in relation to:
(a) the taking of fish in Australian waters; or
(b) the sale or disposal of fish taken in Australian waters; or
(c) the carrying or transhipping of fish taken in Australian waters; or
(d) the use in the AFZ of a boat operating under a foreign fishing licence; or
(e) the use of an Australian boat in a managed fishery; or
(f) the processing and sale of processed fish; or
(g) fishing, to which the Act applies, beyond the outer limits of the AFZ; or
(h) sale or other disposal of fish taken in fishing beyond the outer limits of the AFZ.
Note The outer limits of the AFZ are determined by reference to the definition of Australian fishing zone in subsection 4 (1) of the Fisheries Management Act 1991 and the Proclamation of Excepted Waters under section 11 of that Act published in Gazette No. S52 on 14 February 1992.
(2) A form of logbook must be appropriate to:
(a) the kind of fish; and
(b) the kind of fishing activity; and
(c) the area of waters;
in relation to which information is to be recorded.
(3) A form of logbook must have a marking by which it can be distinguished from AFMA’s other forms of logbook.
(4) The information to be included in a form of logbook may include:
(a) in relation to the boat being used to take fish:
(i) the physical characteristics of the boat and its equipment; and
(ii) its means of identification; and
(b) if the master of the boat has a certificate of competency:
(i) the number of the certificate; and
(ii) the name of the authority that issued it; and
(c) in relation to the person on the boat who is in charge of taking fish:
(i) the person’s name; and
(ii) the duration of the person’s experience in the method of fishing being used; and
(d) in relation to the crew of the boat:
(i) the number of crew members; and
(ii) the number of crew members who are normally directly engaged in taking fish; and
(e) in relation to fish taken using the boat:
(i) details of the fish; and
(ii) circumstances related to the taking of the fish; and
(iii) details of the sale or disposal of the fish.
32 Requirement to use a logbook
(1) AFMA may determine that a form of logbook must be used in relation to:
(a) a kind of fish; and
(b) a kind of fishing activity; and
(c) an area of waters.
(2) For the purposes of this Part, if AFMA makes a determination, the form of the logbook must be used in relation to a boat that is:
(a) taking the kind of fish in the area; or
(b) engaging in the activity to take the kind of fish in the area.
(3) AFMA may determine, in relation to a form of logbook:
(a) the beginning and the end of the period during which subregulation 33 (1), (2) or (3) applies in relation to the form of logbook; and
(b) the places where copies of the form of logbook can be obtained during ordinary business hours.
(4) AFMA may determine that subregulation 33 (1), (2) or (3) does not apply in relation to:
(a) the master of a boat that is in a class referred to in the determination; and
(b) the form of logbook referred to in the determination.
(5) If AFMA makes a determination under subregulation (1), (3) or (4), AFMA must, as soon as practicable:
(a) publish the determination in the Gazette; and
(b) comply with subregulation (6).
(6) AFMA must:
(a) publish, in a daily newspaper circulating nationally, a notice of the determination having been made and of the place or places where copies of the determination can be obtained; or
(b) send a copy of the determination by post to each holder of a fishing concession for which a boat is used:
(i) to take the kind of fish to which the determination relates in the area to which the determination relates; or
(ii) to engage in the kind of fishing activity to which the determination relates in that area.
(7) The determination may refer to the form of logbook by referring to the marking required under subregulation 31 (3).
(8) The period referred to in paragraph (3) (a) must begin on a day at least 14 days after:
(a) the day on which the determination is published; or
(b) if the determination is published on more than 1 day — the later or latest of the days.
(9) The period referred to in paragraph (3) (a) must end on a day at most 3 years after:
(a) the day on which the determination is published; or
(b) if the determination is published on more than 1 day — the later or latest of the days.
(10) Determinations made under subregulations (1), (3) and (4) may be published in one notice.
33 Keeping logbooks: Australian boats
(1) For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, engages in fishing in an area to which an approved logbook relates, the holder must ensure that information about the taking of the fish is recorded in the logbook.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraphs 95 (1) (d), (e) and (f).
(2) For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, sells or otherwise disposes of fish taken in an area to which an approved logbook relates, the holder must ensure that information about the sale or disposal of the fish is recorded in the logbook.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraphs 95 (1) (d), (e) and (f).
(3) The holder of the statutory fishing right or the fishing permit must ensure that the information is recorded in the approved logbook:
(a) within the time set out in the logbook; or
(b) if no time is set out in the logbook, within 24 hours after the end of each day on which the boat undertakes fishing in the area to which the logbook relates.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).
(4) It is a defence to a prosecution under subregulation (1), (2) or (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.
(5) An offence under subregulation (1), (2) or (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
34 Keeping logbooks: foreign boats
(1) For each day that the holder of a foreign fishing licence or, if the holder is not the master of the boat, the master, uses the boat in an area to which an approved logbook relates, the holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must record in the approved logbook information about the use of the boat.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).
(2) The holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must record the information in the approved logbook:
(a) within the time set out in the logbook; or
(b) if no time is set out in the logbook, within 24 hours after the end of each day on which the boat is used in the area to which the logbook relates.
Note It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).
(3) It is a defence to a prosecution under subregulation (1) or (2) 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) 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.
35 Offences in relation to logbooks: general
(1) A person must not record in a logbook information that, to his or her knowledge, is false or misleading in a material particular.
Maximum penalty: 10 penalty units.
(2) A person who arranges for information to be recorded in a logbook must give the relevant pages of the logbook, or the logbook, to AFMA in the manner set out in the logbook.
Maximum penalty: 10 penalty units.
(3) An offence under subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
36 Secrecy
(1) A person must not:
(a) make a record of information that is in a logbook concerning the affairs of another person; or
(b) communicate to a person information that is in a logbook concerning the affairs of another person; or
(c) give a person a part of a logbook in which information is recorded.
Maximum penalty: 5 penalty units.
(2) However, a person may do an activity mentioned in paragraph (1) (a), (b) or (c) if the activity is done in accordance with:
(a) the Act, the Fisheries Administration Act 1991 or these Regulations; or
(b) an order of:
(i) a court; or
(ii) a tribunal; or
(iii) a person having authority, under a law, or with the consent of parties, to receive evidence.
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) Subregulation (1) does not apply to information concerning the affairs of a person:
(a) that is compiled for statistical purposes with other information of the same kind; and
(b) that does not set out the name of the person who provided the information or to whom it relates.
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.
37 References to areas of the AFZ
For the purposes of the Act and these Regulations, 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 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
(c) when and where the offence 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
(c) the number of the infringement notice; 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
(c) a certificate stating that:
(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 11 Catch restrictions
Division 1 Introductory
47 Definitions
In this Part:
crustacean means any species of the phylum Crustacea.
finfish means fish of the class Osteichthyes.
mollusc means any invertebrate of the phylum Mollusca.
northern waters means the area described in Part 1 of Schedule 5.
South Australian waters means the area described in Division 2 of Part 1 of Schedule 6.
Tasmanian waters means the area described in Division 3 of Part 1 of Schedule 6.
trawling includes board trawling, midwater or pelagic trawling and Danish seining.
trip means a voyage by boat that:
(a) begins at a place on, or within, the coastline of Australia; and
(b) continues to and from, or through, northern, Victorian, South Australian or Tasmanian waters; and
(c) ends (whether or not the boat calls at a place outside Australia) at a place on, or within, the coastline of Australia.
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
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
Victorian waters means the area described in Division 1 of Part 1 of Schedule 6.
48 Interpretation
(1) For this Part, fish on a boat at the end of a trip are taken to have been taken during the trip.
(2) For this Part, a king crab is taken to be a giant crab.
(3) For this Part, the weight of a fish is taken to be the weight of the whole fish before it is processed.
(4) In this regulation:
processed does not include frozen.
Division 2 Catch limits when fishing for tuna in northern waters
49 Application of Division
This Division applies to the holder of a fishing permit that authorises the use of a boat for taking tuna in northern waters.
50 What this Division does
This Division sets out the catch limits that apply as conditions of the permit.
51 Catch limits
(1) On a trip, the holder may take fish of a species mentioned in Part 2 of Schedule 5 from the waters only in accordance with subregulation (2).
(2) The holder must not take from the waters more than:
(a) 2 fish of a species mentioned in Division 1 of that Part; and
(b) 10 fish of a species mentioned in Division 2 of that Part; and
(c) 20 fish of a species mentioned in Division 3 of that Part.
(3) However:
(a) the limit mentioned in paragraph (2) (a) does not apply to black kingfish (Rachycentron canadus) that are taken from northern waters west of the meridian of longitude 129° east; and
(b) the limit mentioned in paragraph (2) (b) does not apply to dolphinfish (Coryphaena hippurus) that are taken from northern waters east of the boundary between Northern Territory and Queensland waters.
(4) For paragraph (3) (b), the boundary between Northern Territory and Queensland waters is the notional line commencing at a point that is the intersection of the coastline at mean low water with the boundary between the Northern Territory and Queensland, and running progressively:
· north-easterly along the geodesic to the point of latitude 15° 55¢ south, longitude 138° 30¢ east;
· north along that meridian to its intersection with the parallel of latitude 14° 30¢ south;
· east along that parallel to its intersection with the meridian of longitude 139° 15¢ east;
· north along that meridian to its intersection with the parallel of latitude 11° south.
Division 3 Catch limits for Victorian waters
52 Application of Division
This Division applies to the holder of a fishing permit that authorises the use of a boat for fishing in Victorian waters.
53 What this Division does
This Division sets out the catch limits that apply as conditions of the permit.
54 Crustaceans
(1) On a trip, the holder may take crustaceans, except crustaceans of a species mentioned in Part 2 of Schedule 6, from the waters only in accordance with subregulations (2), (3) and (4).
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.
(2) The holder must not take more than 50 kilograms of crustaceans, except crustaceans of a species mentioned in that Part, from the waters.
(3) The holder must not take from the waters any:
(a) school prawns (Metapenaeus macleayi); or
(b) eastern king prawns (Penaeus plebejus).
(4) The holder must not take from the waters more than:
(a) 5 giant crabs (Pseudocarcinus gigas); or
(b) 10 kilograms of bay bugs (family Scyllaridae).
55 Molluscs
(1) On a trip, the holder may take molluscs, except molluscs of a species mentioned in Part 3 of Schedule 6, from the waters only in accordance with subregulation (2).
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.
(2) The holder must not take more than 50 kilograms of molluscs, except molluscs of a species mentioned in that Part, from the waters.
56 Finfish
(1) On a trip, subregulation (2) applies to the holder only if the holder uses a fishing method other than trawling.
(2) On the trip, the holder may take finfish of a species mentioned in Division 1 of Part 4 of Schedule 6 from the waters only in accordance with subregulations (3), (4) and (5).
(3) The holder must not take more than 200 kilograms of finfish of 1 or more species mentioned in that Division from the waters.
(4) The holder must not take any finfish of a species mentioned in Subdivision 1 of that Division from the waters.
(5) The holder must not take from the waters more than:
(a) 10 yellowtail kingfish (Seriola lalandi); or
(b) 20 kilograms of striped trumpeter (Latris lineata); or
(c) 50 kilograms of snapper (Pagrus auratus).
Division 4 Catch limits for South Australian waters
57 Application of Division
This Division applies to the holder of a fishing permit that authorises the use of a boat for fishing in South Australian waters.
58 What this Division does
This Division sets out the catch limits that apply as conditions of the permit.
59 Crustaceans
(1) On a trip, the holder may take crustaceans, except crustaceans of a species mentioned in Part 2 of Schedule 6, from the waters only in accordance with subregulations (2), (3), (4) and (5).
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.
(2) The holder must not take from the waters more than 50 kilograms of crustaceans, except:
(a) crustaceans of a species mentioned in that Part; or
(b) bay bugs (family Scyllaridae).
(3) The holder must not take more than 5 king crabs (Pseudocarcinus gigas) from the waters.
(4) The holder must not take any prawns, except prawns of a species mentioned in Division 1 of Part 2 of Schedule 6, from the waters.
(5) The holder must not take more than 200 kilograms of bay bugs (family Scyllaridae) from the waters.
60 Molluscs
(1) On a trip, the holder may take molluscs, except molluscs of a species mentioned in Part 3 of Schedule 6, from the waters only in accordance with subregulations (2) and (3).
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.
(2) The holder must not take more than 500 kilograms of molluscs, except molluscs of a species mentioned in that Part, from the waters.
(3) The holder must not take more than 50 kilograms of specimen shells or shellfish (class Gastropoda) from the waters.
61 Finfish
(1) On a trip, the holder may take finfish of a species mentioned in Division 2 of Part 4 of Schedule 6 from the waters only in accordance with subregulations (2), (3), (4) and (5).
(2) The holder must not take more than 200 kilograms of finfish of 1 or more species mentioned in that Division from the waters by trawling.
(3) The holder must not take more than 200 kilograms of finfish of 1 or more species mentioned in Subdivision 1, 2, 3 or 4 of that Division from the waters by a method other than trawling.
(4) The holder must not take any finfish of a species mentioned in Subdivision 1 of that Division from the waters.
(5) The holder must not take from the waters more than:
(a) 10 yellowtail kingfish (Seriola lalandi); or
(b) 20 kilograms of finfish of a species mentioned in Subdivision 2 of that Division; or
(c) 50 kilograms of finfish of a species mentioned in Subdivision 3 of that Division; or
(d) 100 kilograms of mulloway (Argyrosomus hololepidotus).
Division 5 Catch limits for Tasmanian waters
62 Application of Division
This Division applies to the holder of a fishing permit that authorises the use of a boat for fishing in Tasmanian waters.
63 What this Division does
This Division sets out the catch limits that apply as conditions of the permit.
64 Crustaceans
(1) On a trip, the holder may take crustaceans, except crustaceans of a species mentioned in Part 2 of Schedule 6, from the waters only in accordance with subregulations (2), (3) and (4).
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.
(2) The holder must not take more than 50 kilograms of crustaceans, except crustaceans of a species mentioned in that Part, from the waters.
(3) The holder must not take any prawns, except prawns of a species mentioned in Division 1 of that Part, from the waters.
(4) The holder must not take more than 5 giant crabs (Pseudocarcinus gigas) from the waters.
65 Molluscs
(1) On a trip, the holder may take molluscs, except molluscs of a species mentioned in Part 3 of Schedule 6, from the waters only in accordance with subregulations (2), (3) and (4).
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.
(2) The holder must not take more than 500 kilograms of molluscs, except molluscs of a species mentioned in that Part, from the waters.
(3) The holder must not take any limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea and Siphonariacea) from the waters.
(4) The holder must not take more than 50 kilograms of specimen shells and shellfish (class Gastropoda) from the waters.
66 Finfish
(1) On a trip, the holder may take finfish of a species mentioned in Division 3 of Part 4 of Schedule 6 from the waters only in accordance with subregulations (2) and (3).
(2) The holder must not take any finfish of a species mentioned in Subdivision 1 of that Division from the waters.
(3) The holder must not take from the waters more than:
(a) 20 kilograms of finfish of a species mentioned in Subdivision 2 of that Division; or
(b) 50 kilograms of finfish of a species mentioned in Subdivision 3 of that Division; or
(c) 250 kilograms of finfish of 1 or more species mentioned in Subdivision 4 of that Division.
67 Other species
The 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.
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
(c) a trotline; 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.
Schedule 1A Area of fisheries
(regulation 4B)
Part 1 Area of the Bass Strait Scallop Fishery
That part of the AFZ that is within the area bounded by a line:
(a) beginning at latitude 40° 45¢ south, longitude 140° 57¢ 54² east; and
(b) running:
(i) from there east to latitude 40° 45¢ south, longitude 144° 15¢ east; and
(ii) from there north to latitude 40° 20¢ south, longitude 144° 15¢ east; and
(iii) from there north-easterly along the geodesic to latitude 40° 04¢ south, longitude 144° 47¢ east; and
(iv) from there easterly along the line, every point on which is 20 nautical miles seaward of the baseline from which the coastal waters of Tasmania are measured, to the intersection of that line north of Tasmania with the meridian of longitude 146° 47¢ east; and
(v) from there north-easterly along the geodesic to latitude 40° 37¢ south, longitude 146° 59¢ east; and
(vi) from there north-easterly along the geodesic to latitude 40° 30¢ south, longitude 147° 16¢ east; and
(vii) from there north-easterly along the geodesic to latitude 40° 29¢ south, longitude 147° 25¢ east; and
(viii) from there northerly along the geodesic to latitude 40° 18¢ south, longitude 147° 22¢ east; and
(ix) from there northerly along the geodesic to latitude 40° 04¢ south, longitude 147° 19¢ east; and
(x) from there north to latitude 39° 53¢ south, longitude 147° 19¢ east; and
(xi) from there northerly along the geodesic to latitude 39° 36¢ south, longitude 147° 32¢ east; and
(xii) from there south-easterly along the geodesic to latitude 39° 36¢ south, longitude 147° 32¢ east; and
(xiii) from there south-easterly along the geodesic to latitude 39° 44¢ south, longitude 147° 51¢ east; and
(xiv) from there south-easterly along the continuation of that geodesic to its intersection with the outer limit of coastal waters adjacent to Flinders Island; and
(xv) from there generally northerly and south-easterly along that outer limit to its intersection east of Flinders Island with the parallel of latitude 39° 56¢ south; and
(xvi) from there east to latitude 39° 56¢ south, longitude 150° 25¢ east; and
(xvii) from there northerly along the meridian of longitude 150° 25¢ east to its intersection with a point 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured; and
(xviii) from there generally southerly and westerly along the line, every point on which is 20 nautical miles from the baseline from which the coastal waters of Victoria are measured, to its intersection with the parallel of latitude 39° south; and
(xix) from there west along parallel of latitude 39° south to its intersection with the eastern shore of Wilson’s Promontory; and
(xx) from there generally southerly and westerly along the shore of Wilson’s Promontory to the intersection of the shore with the meridian of longitude 146° east; and
(xxi) from there south along that meridian to a point which is 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured; and
(xxii) from there generally westerly along the line, every point on which is 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured, to its intersection with the meridian of longitude 140° 57¢ 54² east; and
(xxiii) from there south along that meridian to the point where the line began.
Part 1A Area of the Christmas Island and Cocos (Keeling) Islands Fishery
Division 2 Sub-area 2 (Christmas Island Offshore Area)
That part of the AFZ surrounding Christmas Island that is more than 12 nautical miles outside the territorial sea baseline of Christmas Island.
Division 4 Sub-area 4 (Cocos (Keeling) Islands Offshore Area)
That part of the AFZ surrounding the Cocos (Keeling) Islands that is more than 12 nautical miles outside the territorial sea baselines of the Cocos (Keeling) Islands.
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 24° 30¢ south, longitude 154° 40¢ east, and
(b) running:
(i) from there generally north-westerly along the geodesic to latitude 22° 15¢ south, longitude 154° 40¢ east; and
(ii) from there generally north-westerly along the geodesic to latitude 18° 45¢ south, longitude 152° 35¢ east; and
(iii) from there generally north-westerly along the geodesic to latitude 18° 20¢ south, longitude 148° 20¢ east; and
(iv) from there generally north-westerly along the geodesic to latitude 15° south, longitude 146° east; and
(v) from there generally north-westerly along the geodesic to latitude 13° south, longitude 145° east; and
(vi) from there northerly along the meridian of longitude 145° 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 24° 30¢ south; and
(viii) from there west along the parallel of latitude 24° 30¢ south to the point where the line began.
Part 2A Area of the East Coast Deepwater Zone Fishery
That part of the AFZ that is within the area bounded by a notional line beginning at the point of latitude 24° 30' south, longitude 155° 30' east and running progressively:
· south along the meridian of longitude 155° 30' east to its intersection with the parallel of latitude 27° south
· south-easterly along the geodesic to the point of latitude 30° south, longitude 157° east
· south along the meridian of longitude 157° east to its intersection with the parallel of latitude 33° 35' south
· west along that parallel to its intersection with the meridian of longitude 156° 10' east
· south along that meridian to its intersection with the outer limit of the AFZ
· generally south-easterly, easterly, northerly, westerly, south-westerly and northerly along the outer limit of the AFZ to its intersection with the parallel of latitude 24° 30' south
· west along that parallel to the point where the line began;
but excluding:
(a) that part of the AFZ that is within the area bounded by a notional line every point of which is 25 nautical miles seaward from the coastline (at low water) of Lord Howe Island; and
(b) that part of the AFZ that is within the area bounded by a notional line every point of which is 25 nautical miles seaward from the coastline (at low water) of Balls Pyramid.
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¢ 24² 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¢ 49² 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¢ 14² 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¢ 49² 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¢ 24² 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)
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¢ 14² 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¢ 49² 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) east along that parallel to its intersection with the 50 nautical mile line;
(xii) generally southerly along that line to its intersection with the parallel of latitude 37° 53¢ south;
(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.
3. Sub-area 3 (Southern inshore north)
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¢ 24² south, in the vicinity of the border between New South Wales and Victoria, and running progressively:
(i) south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
(ii) generally southerly, westerly and northerly along that outer limit to its intersection with the meridian of longitude 141° east;
(iii) north along that meridian to its intersection with the coastline of the mainland at low water, in the vicinity of the border between Victoria and South Australia;
(iv) generally easterly and north-easterly 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.
4. Sub-area 4 (Southern inshore south)
The part of the AFZ that is:
(a) within the area bounded by a notional line beginning at the point of latitude 37° 53¢ south, longitude 151° east and running progressively:
(i) south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
(ii) generally southerly, westerly and northerly along that outer limit to its intersection with the meridian of longitude 141° east;
(iii) north along that meridian to its intersection with the parallel of latitude 40° south;
(iv) east along that parallel to its intersection with the meridian of longitude 151° east;
(v) north along that meridian 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.
5. Sub-area 5 (Southern offshore)
The part of the AFZ that is:
(a) within the area bounded by a notional line beginning at the intersection of the outer limit of the AFZ with the parallel of latitude 38° 58¢ south, off the coast of Victoria and running progressively:
(i) generally south-westerly, southerly and north-westerly along that outer limit to its intersection with the meridian of longitude 141° east;
(ii) north along that meridian to its intersection with the parallel of latitude 40° south;
(iii) east along that parallel to its intersection with the 12 nautical mile line, west of Flinders Island;
(iv) southerly, westerly, south-easterly and generally north-easterly along the 12 nautical mile line around Tasmania and Flinders Island to its intersection with the parallel of latitude 40° south, east of Flinders Island;
(v) east along that parallel to its intersection with the meridian of longitude 151° east;
(vi) north along that meridian to its intersection with the parallel of latitude 37° 53¢ south;
(vii) south-easterly 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.
Part 3 Area of the Eastern Tuna and Billfish 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¢ 24² south, in the vicinity of the border between New South Wales and Victoria, and running progressively:
· 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;
· south along that meridian to its intersection with the outer limit of the AFZ;
· 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;
· south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;
· south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;
· southerly along the geodesic to the point of latitude 10° 28¢ south, longitude 144° 10¢ east;
· west along that parallel to its intersection with the meridian of longitude 142° 31¢ 49² east;
· south along that meridian to its intersection with the northern coastline of the mainland at low water, in the vicinity of Cape York;
· 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
Division 2 Sub-areas
1. Sub-area 1 (historical (pelagic longline))
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¢ 24² south, in the vicinity of the border between New South Wales and Victoria, and running progressively:
· south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
· generally northerly along that outer limit to its intersection with the meridian of longitude 144° 28¢ east, off the coast of Queensland;
· south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;
· south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;
· southerly along the geodesic to the point of latitude 10° 28¢ south, longitude 144° 10¢ east;
· west along that parallel to its intersection with the meridian of longitude 142° 31¢ 49² east;
· south along that meridian to its intersection with the northern coastline of the mainland at low water, in the vicinity of Cape York;
· generally south-easterly along that coastline at low water to its intersection with the parallel of latitude 12° south, in the vicinity of Shelburne Bay;
· east along that parallel to its intersection with the meridian of longitude 145° east;
· south-easterly along the geodesic to the point of latitude 14° south, longitude 147° east;
· south-easterly along the geodesic to the point of latitude 17° south, longitude 149° east;
· south along that meridian to its intersection with the parallel of latitude 18° south;
· east along that parallel to its intersection with the meridian of longitude 152° east;
· south along that meridian to its intersection with the parallel of latitude 20° 28¢ 49² south;
· west along that parallel to its intersection with the eastern coastline of the mainland at low water, in the vicinity of Proserpine;
· 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
2. Sub-area 2 (Northern inshore (pelagic longline))
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 33° 35¢ south, in the vicinity of Barrenjoey Point, and running progressively:
· east along that parallel to its intersection with the 50 nautical mile line;
· generally southerly along that line to its intersection with the parallel of latitude 37° 53¢ south;
· south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
· generally northerly along that outer limit to its intersection with the meridian of longitude 144° 28¢ east, off the coast of Queensland;
· south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;
· south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;
· southerly along the geodesic to the point of latitude 10° 28¢ south, longitude 144° 10¢ east;
· west along that parallel to its intersection with the meridian of longitude 142° 31¢ 49² east;
· south along that meridian to its intersection with the northern coastline of the mainland at low water, in the vicinity of Cape York;
· south-easterly along that coastline at low water to its intersection with the parallel of latitude 12° south, in the vicinity of Shelburne Bay;
· east along that parallel to its intersection with the meridian of longitude 145° east;
· south-easterly along the geodesic to the point of latitude 14° south, longitude 147° east;
· south-easterly along the geodesic to the point of latitude 17° south, longitude 149° east;
· south along that meridian to its intersection with the parallel of latitude 18° south;
· east along that parallel to its intersection with the meridian of longitude 152° east;
· south along that meridian to its intersection with the parallel of latitude 20° 28¢ 49² south;
· west along that parallel to its intersection with the eastern coastline of the mainland at low water, in the vicinity of Proserpine;
· 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
4. Sub-area 4 (Northern offshore (pelagic longline))
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:
· south along that meridian to its intersection with the parallel of latitude 10° 41¢ 14² south;
· easterly along the geodesic to the point of latitude 10° 41¢ south, longitude 145° east;
· south along that meridian to its intersection with the parallel of latitude 12° south;
· south-easterly along the geodesic to the point of latitude 14° south, longitude 147° east;
· south-easterly along the geodesic to the point of latitude 17° south, longitude 149° east;
· south along that meridian to its intersection with the parallel of latitude 18° south;
· east along that parallel to its intersection with the meridian of longitude 152° east;
· south along that meridian to its intersection with the parallel of latitude 20° 28¢ 49² south;
· south-easterly along the geodesic to the point of latitude 21° south, longitude 152° 55¢ east;
· south-easterly along the geodesic to the point of latitude 24° 30¢ south, longitude 154° east;
· east along that parallel to its intersection with the 50 nautical mile line;
· generally southerly along that line to its intersection with the parallel of latitude 37° 53¢ south;
· south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
· generally northerly along that outer limit to its intersection with the meridian of longitude 144° 28¢ east, off the coast of Queensland;
· south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;
· south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;
· 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
5. Sub-area 5 (Central offshore (pelagic longline))
The part of the AFZ that is:
(a) within the area bounded by a notional line beginning at the intersection of the 50 nautical mile line with the parallel of latitude 34° south and running progressively:
· east along that parallel to its intersection with the outer limit of the AFZ;
· generally southerly along that outer limit to its intersection with the parallel of latitude 38° 58¢ south;
· north-westerly along the geodesic to the intersection between the parallel of latitude 37° 53¢ south and the 50 nautical mile line;
· generally northerly along that line 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
6. Sub-area 6 (Southern inshore north (pelagic longline))
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¢ 24² south, in the vicinity of the border between New South Wales and Victoria, and running progressively:
· south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
· generally southerly, westerly and northerly along that outer limit to its intersection with the meridian of longitude 141° east;
· north along that meridian to its intersection with the coastline of the mainland at low water, in the vicinity of the border between Victoria and South Australia;
· generally easterly and north-easterly 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
7. Sub-area 7 (Southern inshore south (pelagic longline))
The part of the AFZ that is:
(a) within the area bounded by a notional line beginning at the point of latitude 37° 53¢ south, longitude 151° east and running progressively:
· south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;
· generally southerly, westerly and northerly along that outer limit to its intersection with the meridian of longitude 141° east;
· north along that meridian to its intersection with the parallel of latitude 40° south;
· east along that parallel to its intersection with the meridian of longitude 151° east;
· north along that meridian 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
8. Sub-area 8 (Southern offshore (pelagic longline))
The part of the AFZ that is:
(a) within the area bounded by a notional line beginning at the intersection of the outer limit of the AFZ with the parallel of latitude 38° 58¢ south, off the coast of Victoria and running progressively:
· generally south-westerly, southerly and north-westerly along that outer limit to its intersection with the meridian of longitude 141° east;
· north along that meridian to its intersection with the parallel of latitude 40° south;
· east along that parallel to its intersection with the 12 nautical mile line, west of Flinders Island;
· southerly, westerly, south-easterly and generally north-easterly along the 12 nautical mile line around Tasmania and Flinders Island to its intersection with the parallel of latitude 40° south, east of Flinders Island;
· east along that parallel to its intersection with the meridian of longitude 151° east;
· north along that meridian to its intersection with the parallel of latitude 37° 53¢ south;
· south-easterly 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;
· south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;
· west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;
· north along that meridian to the point where the line began.
9. Sub-area 9 (Cairns/Townsville restricted (pelagic longline))
The part of the AFZ that is within the area bounded by a notional line beginning at the intersection of the eastern coastline of the mainland at low water with the parallel of latitude 12° south, in the vicinity of Shelburne Bay, and running progressively:
· east along that parallel to its intersection with the meridian of longitude 145° east;
· southerly along the geodesic to the point of latitude 14° south, longitude 147° east;
· southerly along the geodesic to the point of latitude 17° south, longitude 149° east;
· south along that meridian to its intersection with the parallel of latitude 18° south;
· east along that parallel to its intersection with the meridian of longitude 152° east;
· south along that meridian to its intersection with the parallel of latitude 20° 28¢ 49² south;
· west along that parallel to its intersection with the eastern coastline of the mainland at low water, in the vicinity of Proserpine;
· generally northerly along that coastline at low water to the point where the line began.
10. Sub-area 10 (Southern offshore west (pelagic longline))
The part of the AFZ that is:
(a) within the area bounded by a notional line beginning at the intersection of the southern coastline of the mainland at low water with the meridian of longitude 141° east, in the vicinity of the border between South Australia and Victoria, and running progressively:
· south along that meridian to its intersection with the outer limit of the AFZ;
· south-easterly along that outer limit to its intersection with the meridian of longitude 146° east;
· north along that meridian to its intersection with the southern coastline of Tasmania at low water, in the vicinity of South West Cape;
· generally westerly, northerly and easterly along the western coastline of Tasmania at low water to its intersection with the meridian of longitude 146° east, in the vicinity of Emu Bay;
· north along that meridian to its intersection with the southern coastline of the mainland at low water, in the vicinity of Cape Liptrap;
· generally westerly 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:
· east along that parallel to its intersection with the meridian of longitude 168° 25' east;
· south along that meridian to its intersection with the parallel of latitude 29° 50' south;
· west along that parallel to its intersection with the meridian of longitude 167° 25' east;
· north along that meridian to the point where the line began.
Part 3A Area of the Gillnet, Hook and Trap Fishery
The part of the AFZ that is within the area bounded by a notional line beginning at the point of latitude 24° 29¢ 54² South, longitude 154° 40¢ 04² East and running progressively:
· east along the parallel of latitude 24° 29¢ 54² South to its intersection with the outer limit of the AFZ;
· generally southerly and westerly along that outer limit to its intersection, south of Australia, with the boundary between the adjacent areas of South Australia and Western Australia;
· north along that boundary to its intersection with the southern coastline of the mainland at low water;
· generally easterly along the coastline of South Australia and Victoria to its intersection with the boundary between the coastal waters of New South Wales and the coastal waters of Victoria;
· south-easterly along the prolongation of the boundary between the coastal waters of New South Wales and the coastal waters of Victoria to latitude 37° 34¢ 54² South, longitude 150° 10¢ 04² East;
· east along that parallel to its intersection with the meridian of longitude 151° 35¢ 04² East;
· north-easterly along the geodesic to latitude 29° 59¢ 54² South, longitude 154° 40¢ 04² East;
· north along the meridian of longitude 154° 40¢ 04² East to the point where the line began;
· excluding the part of the coastal waters of New South Wales that surrounds Lord Howe Island.
Part 4 Area of the Small Pelagic Fishery
That part of the AFZ that is within the area bounded by a line:
(a) beginning at the intersection of the west coast of Australia with the parallel of latitude 31° south; and
(b) running:
(i) from there west along that parallel of latitude to its intersection with the outer limit of the AFZ; and
(ii) from there southerly, easterly, south-easterly and north-easterly along that outer limit to its intersection with the parallel of latitude 28° 10¢ south; and
(iii) from there west along that parallel to its intersection with the east coast of Australia; and
(iv) from there southerly, westerly and northerly along that coastline to the point where the line began.
Part 5 Area of the Macquarie Island Fishery
The part of the AFZ surrounding Macquarie Island that is more than 3 and less than 200 nautical miles outside the territorial sea baselines of Macquarie Island.
Note In the north-east of the fishery area, the Australian exclusive economic zone abuts the New Zealand exclusive economic zone; consequently, not all of the sea within the 200-nautical-mile line around Macquarie Island is within the AFZ: see Gazette No. S52 of 14 February 1992. The boundary between the 2 exclusive economic zones is the line:
(a) beginning at the point of latitude 51° 09¢ south, longitude 160° 39¢ east; and
(b) running:
(i) from there south-easterly along the geodesic to the point of latitude 52° 15¢ south, longitude 162° 04¢ east; and
(ii) from there south-easterly along the geodesic to the point of latitude 52° 26¢ south, longitude 162° 19¢ east; and
(iii) from there south-easterly along the geodesic to the point of latitude 53° 43¢ south, longitude 164° 05¢ east; and
(iv) from there south-easterly along the geodesic to the point of latitude 53° 50¢ south, longitude 164° 16¢ east; and
(v) from there south-easterly along the geodesic to the point of latitude 54° 01¢ south, longitude 164° 21¢ east; and
(vi) from there south-easterly along the geodesic to the point of latitude 54° 21¢ south, longitude 164° 32¢ east; and
(vii) from there south-easterly along the geodesic to the point of latitude 54° 42¢ south, longitude 164° 43¢ east; and
(viii) from there south along the meridian of longitude 164° 43¢ east to its intersection with the parallel of latitude 54° 43¢ south.
(Geographic coordinates in the description are expressed in terms of the World Geodetic System 1972.) The sea to the north-east of the line is part of the exclusive economic zone of New Zealand.
Part 5A Area of the Norfolk Island Offshore Demersal Finfish Fishery
The part of the AFZ that surrounds Norfolk Island, except the area bounded by a notional line beginning at latitude 28° 38¢ south, longitude 167° 40¢ east and running progressively:
· east along the parallel of latitude 28° 38¢ south to its intersection by the meridian of longitude 168° 20¢ east;
· south along that meridian to its intersection by the parallel of latitude 29° 45¢ south;
· west along that parallel to its intersection by the meridian of longitude 167° 40¢ east;
· north along that meridian to the point where the line began.
Part 6 Area of the North West Slope Fishery
That part of the AFZ within the area bounded by a line:
(a) beginning at the intersection of the meridian of longitude 114° 00¢ east by the parallel of latitude 21° 37¢ south; and
(b) running:
(i) from there north-westerly along the geodesic to the outer limit of the AFZ; and
(ii) from there north-easterly along the outer limit of the AFZ to the point of latitude 13° 13¢ south, longitude 118° 29¢ east; and
(iii) from there generally south-easterly along the geodesic to the point of latitude 13° 56¢ south, longitude 120° 01¢ east; and
(iv) then generally north-easterly along the geodesic to the point of latitude 13° 15¢ south, longitude 121° 49¢ east; and
(v) then generally north-easterly along the geodesic to the point of latitude 12° 30¢ south, longitude 123° 06¢ east; and
(vi) from there along a line each point of which is twelve miles distant from the nearest base point of the territorial sea of Ashmore Island to the point 12° 19¢ south, longitude 123° 21¢ east; and
(vii) from there generally north-easterly along the geodesic to the point of latitude 11° 55¢ south, longitude 125° 00¢ east; and
(viii) from there south-westerly along the geodesic to the point of latitude 13° 19¢ south to its intersection by the meridian of longitude 124° 00¢ east; and
(ix) from there west along the geodesic to the point of latitude 13° 19¢ south, longitude 123° 49¢ east; and
(x) from there south-westerly along the geodesic to the point of latitude 13° 35¢ south, longitude 123° 37¢ east; and
(xi) from there south-westerly along the geodesic to the point of latitude 14° 00¢ south, longitude 123° 36¢ east; and
(xii) from there south-westerly along the geodesic to the point of latitude 14° 03¢ south, longitude 123° 25¢ east; and
(xiii) from there south-westerly along the geodesic to the point of latitude 14° 13¢ south, longitude 123° 10¢ east; and
(xiv) from there west along the parallel of latitude 14° 13¢ south, to its intersection with the meridian of longitude 122° 53¢ east; and
(xv) from there south-westerly along the geodesic to the point of latitude 14° 56¢ south, longitude 121° 42¢ east; and
(xvi) from there south-westerly along the geodesic to the point of latitude 15° 00¢ south, longitude 121° 38¢ east; and
(xvii) from there south-westerly along the geodesic to the point of latitude 15° 23¢ south, longitude 121° 25¢ east; and
(xviii) from there south-westerly along the geodesic to the point of latitude 15° 36¢ south, longitude 121° 08¢ east; and
(xix) from there south-westerly along the geodesic to the point of latitude 15° 47¢ south, longitude 120° 59¢ east; and
(xx) from there south-westerly along the geodesic to the point of latitude 16° 20¢ south, longitude 120° 50¢ east; and
(xxi) from there south along the meridian of longitude 120° 50¢ east, to its intersection with the parallel of 16° 48¢ south; and
(xxii) from there south-westerly along the geodesic to the point of latitude 17° 00¢ south, longitude 120° 47¢ east; and
(xxiii) from there south-westerly along the geodesic to the point of latitude 17° 12¢ south, longitude 120° 35¢ east; and
(xxiv) from there south-westerly along the geodesic to the point of latitude 17° 39¢ south, longitude 120° 10¢ east; and
(xxv) from there south-westerly along the geodesic to the point of latitude 17° 55¢ south, longitude 119° 11¢ east; and
(xxvi) from there south-westerly along the geodesic to the point of latitude 18° 01¢ south, longitude 119° 00¢ east; and
(xxvii) from there south-westerly along the geodesic to the point of latitude 19° 00¢ south, longitude 117° 14¢ east; and
(xxviii) from there south-westerly along the geodesic to the point of latitude 19° 09¢ south, longitude 116° 50¢ east; and
(xxix) from there south-westerly along the geodesic to the point of latitude 19° 11¢ south, longitude 116° 28¢ east; and
(xxx) from there south-westerly along the geodesic to the point of latitude 19° 17¢ south, longitude 116° 05¢ east; and
(xxxi) from there south-westerly along the geodesic to the point of latitude 19° 30¢ south, longitude 115° 50¢ east; and
(xxxii) from there south-westerly along the geodesic to the point of latitude 19° 40¢ south, longitude 115° 25¢ east; and
(xxxiii) from there south-westerly along the geodesic to the point of latitude 19° 55¢ south, longitude 115° 14¢ east; and
(xxxiv) from there south-westerly along the geodesic to the point of latitude 20° 03¢ south, longitude 115° 03¢ east; and
(xxxv) from there south-westerly along the geodesic to the point of latitude 20° 15¢ south, longitude 114° 55¢ east; and
(xxxvi) from there south-westerly along the geodesic to the point of latitude 20° 35¢ south, longitude 114° 47¢ east; and
(xxxvii) from there southerly along the geodesic to the point of latitude 20° 53¢ south, longitude 114° 43¢ east; and
(xxxviii) from there south along the meridian of longitude 114° 43¢ east to its intersection with the parallel of latitude 21° 00¢ south; and
(xxxix) from there south-westerly along the geodesic to the point of latitude 21° 30¢ south, longitude 114° 06¢ east; and
(xl) from there south-westerly along the geodesic to the point where the line began.
Part 7 Area of the South East Trawl Fishery
The part of the AFZ that is within the area bounded by a notional line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33° 34¢ 54² South and running progressively:
· east along that parallel to its intersection with the meridian of longitude 156° 10¢ 04² East;
· south along the meridian to its intersection with the outer limit of the AFZ;
· generally southerly and westerly along that outer limit to its first intersection south of Australia with the meridian of longitude 138° 08¢ 05² East;
· north along that meridian to its intersection with the outer limit of the coastal waters of South Australia;
· generally easterly and northerly along the outer limit of the coastal waters of South Australia, Victoria and New South Wales to the point where the line began;
· excluding the coastal waters of Tasmania.
Part 10 Area of the Southern Squid Fishery
That part of the AFZ that is within the area bounded by a line:
(a) beginning at the intersection of parallel of latitude 24° 30¢ south with the outer limit of coastal waters; and
(b) running:
(i) from there east along parallel of latitude 24° 30¢ to its intersection with the outer limit of the AFZ; and
(ii) from there generally southerly, westerly, northerly and westerly along that outer limit to its intersection with the meridian of longitude 129° east; and
(iii) from there north along that meridian to its intersection with the outer limit of coastal waters; and
(iv) from there generally easterly and northerly along the outer limit of coastal waters to the point where the line began.
Part 11 Area of the Southern Tuna and Billfish Fishery
That part of the AFZ that is within the area bounded by a line:
(a) beginning at the intersection of the western coastline of Australia with the parallel of latitude 34° south; and
(b) running:
(i) from there west along that parallel to the outer limit of the AFZ; and
(ii) from there generally southerly and easterly along that outer limit to its intersection with the meridian of longitude 141° east; and
(iii) from there north along that meridian to its first intersection with the southern coastline of Australia; and
(iv) from there generally westerly along that coastline to the point where the line began.
Part 11A Area of the South Tasman Rise Fishery
The waters within 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.
Part 11B Area of the Victorian Inshore Trawl Fishery
The coastal waters of Victoria, except:
(a) the area described in Part 1 (Wilsons Promontory Marine Reserve) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and
(b) the area described in Part 2 (Wilsons Promontory Marine Park) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and
(c) the area described in Part 7 (Bunurong Marine Park) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and
(d) the area described in Schedule 2 (Point Lonsdale) to the Harold Holt Marine Reserves Proclamation 1979 of Victoria, published in the Government Gazette of Victoria, No. 11 on 7 February 1979; and
(e) the area described in Schedule 3 (Point Nepean) to the Harold Holt Marine Reserves Proclamation 1979 of Victoria, published in the Government Gazette of Victoria, No. 11 on 7 February 1979.
Part 12 Area of the Western Deep Water Trawl Fishery
That part of the AFZ within the area bounded by a line:
(a) beginning at the point of latitude 21° 37¢ south, longitude 114° 00¢ east; and
(b) running:
(i) from there south-westerly along the geodesic to the point of latitude 21° 41¢ south, longitude 113° 57¢ east; and
(ii) from there south-westerly along the geodesic to the point of latitude 21° 48¢ south, longitude 113° 51¢ east; and
(iii) from there southerly along the geodesic to the point of latitude 22° 01¢ south, longitude 113° 47¢ east; `and
(iv) from there southerly along the geodesic to the point of latitude 22° 12¢ south, longitude 113° 45¢ east; and
(v) from there south-westerly along the geodesic to the point of latitude 22° 50¢ south, longitude 113° 26¢ east; and
(vi) from there south-westerly along the geodesic to the point of latitude 23° 20¢ south, longitude 113° 13¢ east; and
(vii) from there south-westerly along the geodesic to the point of latitude 23° 36¢ south, longitude 113° 02¢ east; and
(viii) from there south-westerly along the geodesic to the point of latitude 24° 06¢ south, longitude 112° 37¢ east; and
(ix) from there south-westerly along the geodesic to the point of latitude 24° 25¢ south, longitude 112° 25¢ east; and
(x) from there south-westerly along the geodesic to the point of latitude 24° 39¢ south, longitude 112° 19¢ east; and
(xi) from there southerly along the geodesic to the point of latitude 25° south, longitude 112° 14¢ east; and
(xii) from there southerly along the geodesic to the point of latitude 25° 33¢ south, longitude 112° 12¢ east; and
(xiii) from there southerly along the geodesic to the point of latitude 26° south, longitude 112° 18¢ east; and
(xiv) from there south-easterly along the geodesic to the point of latitude 26° 24¢ south, longitude 112° 30¢ east; and
(xv) from there south-easterly along the geodesic to the point of latitude 26° 50¢ south, longitude 112° 44¢ east; and
(xvi) from there south-easterly along the geodesic to the point of latitude 27° 20¢ south, longitude 112° 55¢ east; and
(xvii) from there south-easterly along the geodesic to the point of latitude 27° 55¢ south, longitude 113° 10¢ east; and
(xviii) from there south-easterly along the geodesic to the point of latitude 28° 35¢ south, longitude 113° 29¢ east; and
(xix) from there south-easterly along the geodesic to the point of latitude 29° south, longitude 113° 46¢ east; and
(xx) from there south-easterly along the geodesic to the point of latitude 29° 54¢ south, longitude 114° 25¢ east; and
(xxi) from there south-easterly along the geodesic to the point of latitude 30° 40¢ south, longitude 114° 41¢ east; and
(xxii) from there south-easterly along the geodesic to the point of latitude 31° 14¢ south, longitude 114° 55¢ east; and
(xxiii) from there southerly along the geodesic to the point of latitude 31° 48¢ south, longitude 115° 01¢ east; and
(xxiv) from there south-easterly along the geodesic to the point of latitude 31° 58¢ south, longitude 115° 13¢ east; and
(xxv) from there south-westerly along the geodesic to the point of latitude 32° 16¢ south, longitude 115° 05¢ east; and
(xxvi) from there south-westerly along the geodesic to the point of latitude 32° 53¢ south, longitude 114° 41¢ east; and
(xxvii) from there south-westerly along the geodesic to the point of latitude 33° 10¢ south, longitude 114° 34¢ east; and
(xxviii) from there south-westerly along the geodesic to the point of latitude 33° 30¢ south, longitude 114° 29¢ east; and
(xxix) from there southerly along the geodesic to the point of latitude 34° south, longitude 114° 27¢ east; and
(xxx) from there southerly along the geodesic to latitude 34° 20¢ south, longitude 114° 30¢ east; and
(xxxi) from there south-easterly along the geodesic to latitude 34° 41¢ south, longitude 114° 40¢ east; and
(xxxii) from there south-easterly along the geodesic to latitude 34° 52¢ south, longitude 114° 50¢ east; and
(xxxiii) from there south-easterly along the geodesic to latitude 34° 58¢ south, longitude 115° east; and
(xxxiv) from there south-easterly along the geodesic to the point of latitude 35° 01¢ south, longitude 115° 08¢ east; and
(xxxv) from there south along the meridian of longitude 115° 08¢ east to its intersection with the outer limit of the AFZ; and
(xxxvi) from there generally north westerly along the outer limit to its intersection off the north west coast of Australia by the meridian of longitude 114° 00¢ east; and
(xxxvii) from there south along that meridian to the point where the line began.
Part 12A Area of the Western Skipjack Fishery
Division 1 Sub-area 1
That part of the AFZ that is within the area bounded by a notional line:
(a) beginning at the intersection of the western coastline of Australia with the parallel of latitude 34° south; and
(b) running:
(i) from there west along that parallel to the outer limit of the AFZ; and
(ii) from there generally southerly and easterly along that outer limit to its intersection with the meridian of longitude 141° east; and
(iii) from there north along that meridian to its first intersection with the southern coastline of Australia; and
(iv) from there generally westerly along that coastline to the point where the line began.
Division 2 Sub-area 2
That part of the AFZ that is within the area bounded by a notional line:
(a) beginning at the intersection of the northern coastline of Australia with the meridian of longitude 142° 30¢ east; and
(b) running:
(i) from there north along that meridian to the outer limit of the AFZ; and
(ii) from there generally westerly and southerly along that outer limit to its intersection with the parallel of latitude 34° south; and
(iii) from there east along that parallel to its intersection with the western coastline of Australia; and
(iv) from there generally northerly and easterly to the point where the line began.
Division 3 Sub-area 3
Those parts of the AFZ:
(a) surrounding Christmas Island and the Cocos (Keeling) Islands; and
(b) extending, from a notional line every point of which is 12 nautical miles from the Australian territorial sea baseline, toward the outer limit of the AFZ.
Part 13 Western Tuna and Billfish Fishery
Division 1 Sub-area 1
That part of the AFZ that is within the area bounded by a line:
(a) beginning at the intersection of the northern coastline of Australia with the meridian of longitude 142° 30¢ east; and
(b) running:
(i) from there north along that meridian to the outer limit of the AFZ; and
(ii) from there generally westerly and southerly along that outer limit to its intersection with the parallel of latitude 34° south; and
(iii) from there east along that parallel to its intersection with the western coastline of Australia; and
(iv) from there generally northerly and easterly to the point where the line began.
Division 2 Sub-area 2
Those parts of the AFZ:
(a) surrounding Christmas Island and the Cocos (Keeling) Islands; and
(b) extending from a line every point of which is 12 nautical miles from the Australian territorial sea baseline toward the outer limit of the AFZ.
Schedule 1 Forms
(regulations 24, 25, 26 and 27)
Form 2 Application for review
COMMONWEALTH OF AUSTRALIA
Fisheries Management Act 1991
APPLICATION FOR REVIEW OF DECISION TO GRANT A FISHING RIGHT
To: The Registrar of the Statutory Fishing Rights Allocation Review Panel
C/- General Manager
Fisheries and Aquaculture
Department of Agriculture, Fisheries and Forestry
GPO Box 858
Canberra ACT 2601
I apply under subsection 143 (1) of the Fisheries Management Act 1991 for review by the Panel of a decision.
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The decision that I want reviewed is: |
The following decision dated ………….…… of the Australian Fisheries Management Authority or Joint Authority as the case may be (state which authority):
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The name of the person who made the decision is: |
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The office or title of that person is: |
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The reasons for my application are: |
(If insufficient space, please attach and sign additional page/s as necessary.) |
Form 3 Notice under subsection 144 (1)
COMMONWEALTH OF AUSTRALIA
Fisheries Management Act 1991
NOTICE UNDER SUBSECTION 144 (1) OF AN APPLICATION FOR REVIEW OF A DECISION TO GRANT A FISHING RIGHT
To: * The Australian Fisheries Management Authority
* The Joint Authority
* (name of a person who is registered in relation to the grant of a fishing right to which the application for review relates)
I have received the attached application for review of a decision to grant a fishing right.
(Signature)
(Insert name of Principal Member)
Statutory Fishing Rights Allocation Review Panel
(Date)
* Omit if inapplicable.
Form 4 Notice under subsection 145 (2)
COMMONWEALTH OF AUSTRALIA
Fisheries Management Act 1991
NOTICE UNDER SUBSECTION 145 (2) OF THE DATE, TIME AND PLACE OF A HEARING OF AN APPLICATION FOR REVIEW OF A DECISION TO GRANT A FISHING RIGHT
To: (Title and name of party to the application and their address)
A hearing in relation to the review of this decision will be held:
If necessary, the hearing will be adjourned to a later date, time and place.
(Signature) (Date)
(Insert name of Principal Member)
Statutory Fishing Rights Allocation Review Panel
Form 5 Summons under subsection 146 (2)
COMMONWEALTH OF AUSTRALIA
Fisheries Management Act 1991
SUMMONS UNDER SUBSECTION 146 (2) TO APPEAR BEFORE THE STATUTORY FISHING RIGHTS ALLOCATION REVIEW PANEL
To: (name)
You are summoned to appear before the Statutory Fishing Rights Allocation Review Panel:
and on each subsequent day of the hearing of the application for review of the decision until you are excused or released from further attendance.
You are summoned:
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(a) to give evidence; *and
(b) to produce the following documents:
*Omit if inapplicable |
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(Signature) (Date)
*Registrar/*Deputy Registrar
Statutory Fishing Rights Allocation Review Panel
Schedule 2 Fees
(regulation 21)
In this Schedule:
Antarctic Convergence means the line deemed to be the Antarctic Convergence in Article I, paragraph 4 of the Convention on the Conservation of Antarctic Marine Living Resources, being the Convention of that name, a copy of the English text of which is set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981.
formally managed fishery means a fishery:
(a) for which a plan of management has been made under section 17 of the Act; or
(b) that is described in regulation 4B.
informally managed fishery means a commercial fishing activity that is managed under the Act by AFMA but that is not:
(a) a fishing activity to which a management plan applies; or
(b) a fishing activity referred to in regulation 4B.
permit package means 2 or more fishing permits that have the same numeric identifier.
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Column 1
Item |
Column 2
Matter |
Column 3
Fee
$ |
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Part 1 |
Formally managed fisheries |
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2 |
Application for the grant of a foreign fishing licence in respect of a boat for a formally managed fishery |
300 |
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3 |
Application for the grant of a foreign master fishing licence for a formally managed fishery |
100 |
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4 |
Application for the grant of a fishing permit or a foreign master fishing licence for an area in a formally managed fishery |
100 |
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5 |
Application for the grant of a foreign fishing licence for an area in a formally managed fishery |
300 |
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Part 2 |
Informally managed fisheries |
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6 |
Application for the grant of a fishing permit or a foreign fishing licence in respect of a boat for an informally managed fishery |
300 |
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7 |
Application for the grant of a fishing permit or a foreign fishing licence for an area in an informally managed fishery |
300 |
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8 |
Application for the grant of a foreign master fishing licence for an area in an informally managed fishery |
100 |
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8A |
Application for the grant of a fishing permit for an informally managed fishery that is outside the Australian fishing zone |
400 |
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8B |
Application for the grant of a fishing permit for an informally managed fishery that is in the area of waters south of the Antarctic Convergence |
1 000 |
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Part 3 |
Fisheries generally |
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9 |
Application for the variation, revocation or specification, under subsection 32 (8) of the Act, of a condition, or conditions, of: |
300 |
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(a) a permit in respect of a boat; or |
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(b) if the application is made at the same time in relation to more than 1 permit in respect of that boat — those permits |
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10 |
Application for the transfer, under subsection 32 (10) of the Act, of: |
300 |
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(a) a permit for a boat; or |
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(b) if the application is made at the same time to transfer more than 1 permit in respect of that boat — those permits |
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11 |
Registration of an interest in a statutory fishing right under subsection 46 (4) of the Act |
50 |
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12 |
Inspection of the Register under subsection 52 (1) of the Act |
50 |
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13 |
Application for the grant or renewal of a fish receiver permit under subsection 91 (2) or (10) of the Act |
150 |
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14 |
Notice (under paragraph 32 (1A) (b) of the Act) of nomination of another Australian boat in lieu of the boat specified in a permit, or in each permit of a permit package |
300 |
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15 |
Notice (under subsection 32 (1B) of the Act) of nomination of an Australian boat to a permit, or in each permit of a permit package |
300 |
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16 |
Application for the grant of a port permit under section 94 of the Act: |
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(a) first instalment (payable when the application is made); and |
414 |
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(b) second instalment (payable if AFMA decides to grant the application) |
336
for each port entry requested in the application |
Schedule 3 Short methods of reference to areas of the AFZ
(regulation 37)
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Column 1
Item |
Column 2
Area of the AFZ |
Column 3
Short method of reference |
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1 |
The area described in paragraph A of Appendix II to the Subsidiary Agreement |
Area A |
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2 |
The area described in paragraph B of Appendix II to the Subsidiary Agreement |
Area B |
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3 |
The area described in paragraph C of Appendix II to the Subsidiary Agreement |
Area C |
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4 |
The area described in paragraph D of Appendix II to the Subsidiary Agreement |
Area D |
Schedule 4 Amendments of the Treaty
(regulation 4A)
1. Annex I
1.1 Omit Parts 1 to 7 and Schedules 1 and 2, substitute:
PART 1
INTRODUCTORY
1. In this Annex:
(a) “applicable national law” means any provision of a law, however described, of a Pacific Island party which governs the fishing activities of foreign fishing vessels, being a law identified in Schedule 1, and which is not inconsistent with the requirements of this Treaty and shall be taken to exclude any provision which imposes a requirement which is also imposed by this Treaty;
(b) “Closed Area” means an area of a Pacific Island party as described in Schedule 2;
(c) “fishing trip” means any period commencing with the departure of the vessel from port for the purpose of beginning a fishing trip to such time as any or all of the fish on board the vessel are unloaded from the vessel, either ashore or onto another vessel except for the transfer of catch by a licensed group seiner to its licensed carrier vessel;
(d) “Limited Area” means an area described in Schedule 3;
(e) “the vessel” means the vessel in respect of which a licence is issued; and
(f) “transhipment” means the unloading of any or all of the fish on board a licensed vessel either ashore or onto another vessel.
2. Schedule 1 may be amended from time to time by the inclusion by any Pacific Island party of any applicable national law and, for the purposes of this Treaty, except as provided in this paragraph, the amendment shall take effect from the date that the amended Schedule has been notified to the Government of the United States. For the purposes of any obligation on the United States pursuant to paragraphs 4 and 5 of Article 4, the amendment shall take effect 60 days from the date that the amended Schedule has been notified to the Government of the United States. The Government of the Pacific Island party shall use its best endeavours to provide advance notice to the Government of the United States of the amendment.
3. Nothing in this Annex and its Schedules, nor acts or activities taking place thereunder, shall constitute recognition of the claims or the positions of any of the parties concerning the legal status and extent of waters and zones claimed by any party. In the claimed waters and zones, the freedoms of navigation and overflight and other uses of the sea related to such freedoms are to be exercised in accordance with international law.
PART 2
COMPLIANCE WITH APPLICABLE NATIONAL LAWS
4. The operator of the vessel shall comply with each of the applicable national laws, and shall be responsible for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated in accordance with those laws.
PART 3
PROHIBITIONS
5. The vessel shall not be used for directed fishing for Southern Bluefin Tuna, or for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch.
6. The vessel shall not be used for fishing by any method, except the purse-seine method.
7. The vessel shall not be used for fishing in any Closed Area.
8. Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, no aircraft may be used in association with the fishing activities of the vessel unless it is identified in item 6 or 7 of Schedule 1 of Annex II.
9. The vessel shall not be used for fishing in any Limited Area except in accordance with the requirements set out in Schedule 3, which are applicable to that Limited Area.
10. No fish on board the vessel shall be unloaded from the vessel at sea, except in a designated area in accordance with such terms and conditions as may be agreed between the Pacific Island Party in whose zone the transhipment is to take place. Provided that, notwithstanding any such additional terms and conditions, transhipment shall only take place in accordance with the conditions set out in Schedule 4 hereof and catch shall only be transhipped to a carrier vessel duly licensed in accordance with national laws.
PART 4
TRANSHIPMENT
11. The operator of a vessel shall:
(a) provide 48 hours notice to the Administrator and the Pacific Island Party of an intent to tranship any or all of the fish on board and shall provide the name of the vessel, its international radio call sign, its position, the catch on board by species, and the time and place where such transhipment is requested to occur,
(b) only tranship at the time and place authorised for transhipment by the Pacific Island parties;
(c) submit full reports on the transhipment in the form set out in Schedule 6;
12. The master and each member of the crew of the vessel from which any fish taken in the Licensing Area is transhipped shall:
(a) allow and assist any person identified as an officer of the Pacific Island party to have full access to the vessel and any place where such fish is being transhipped and the use of facilities and equipment which the officer may determine is necessary to carry out his or her duties; have full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; remove samples; have full access to the vessel’s records including its log and documentation for the purpose of inspection and photocopying; and gather any other information required to fully monitor the activity without interfering unduly with the lawful operation of the vessel; and
(b) not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with any such officer in the performance of his or her duties.
PART 5
REPORTING
13. Information relating to the position of and catch on board the vessel, as described in Part 1 of Schedule 4, shall be provided by telex to the Administrator at the following times:
(a) before departure from port for the purpose of beginning a fishing trip in the Licensing Area;
(b) each Wednesday while within the Licensing Area or a Closed Area; and
(c) before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing Area.
14. Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 4, shall be provided to each Pacific Island party in the manner notified to the Government of the United States by that party as follows:
(a) at the time of entry into and of departure from waters which are, for any purpose, subject to the jurisdiction of the Pacific Island party;
(b) each Wednesday while within the waters of that party;
(c) at least 24 hours prior to the estimated time of entry into any port of that party; and
(d) as otherwise set out in Part 3 of Schedule 4.
15. At the end of each day that the vessel is in the Licensing Area, an entry or entries for that day shall be completed in ink in the English language on the catch report form as set out in Schedule 5, in accordance with the requirements of that form, and such forms shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of the next entry into a port for the purpose of unloading its fish catch.
16. Immediately following the unloading of any fish from the vessel, a report shall be completed in the form set out in Schedule 6 and shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of the completion of that unloading operation, or, in the case of unloading by transhipment, within fourteen (14) days following unloading of that transhipment at the processing site.
PART 6
ENFORCEMENT
17. The master and each member of the crew of the vessel shall immediately comply with every instruction and direction given by an authorized and identified officer of a Pacific Island party, including to stop, to move to a specified location, and to facilitate safe boarding and inspection of the vessel, its licence, gear, equipment, records, facilities, fish and fish products. Such boarding and inspection shall be conducted as much as possible in a manner so as not to interfere unduly with the lawful operation of the vessel. The operator and each member of the crew shall facilitate and assist in any action by an authorized officer of a Pacific Island party and shall not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an authorized officer in the performance of his or her duties.
18. The operator shall ensure that a recent and up-to-date copy of the International Code of Signals (INTERCO) is on board and accessible at all times.
19. The international distress frequency, 2.182 MHz, and 156.8 MHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the parties.
20. The operator shall comply with the 1989 FAO standard specifications for the marking and identification of fishing vessels. In particular the international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background in the following manner:
(a) on the vessel’s hull or superstructure, with each letter and number being at least one metre high and having a stroke width of 16.7 centimetres, with the background extending to provide a border around the mark of not less than 16.7 centimetres;
(b) on the vessel’s deck, on the body of any helicopter and on the hull of any skiff, with each letter and number being at least 30 centimetres high, and having a stroke width of 5 centimetres wide with the background extending to provide a border around the mark of not less than 5 centimetres; and
(c) on any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, with each letter and number being at least 10 centimetres high and having a stroke width of 1.7 centimetres, with the background extending to provide a border around the mark of not less than 1.7 centimetres;
and at all times while the vessel is within the Licensing Area or a Closed Area, all parts of these markings shall be clear, distinct and uncovered.
21. The licence or a duly certified copy, facsimile or telex confirmation thereof shall be carried on board the vessel at all times and produced at the request of an authorized enforcement official of any of the parties. Prior to receipt of the licence, the correct citation of the licence number shall satisfy this requirement.
PART 7
OBSERVERS
22. The operator and each member of the crew of the vessel shall allow and assist any person identified as an observer by the Pacific Island parties to:
(a) board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island parties to the Government of the United States;
(b) have full access to and the use of facilities and equipment on board the vessel which the observer may determine is necessary to carry out his or her duties; including full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; remove samples; have full access to the vessel’s records, including its logs and documentation for the purpose of inspection and copying; reasonable access to navigation equipment, charts, and radios; and gather any other information relating to fisheries in the Licensing Area; without interfering unduly with the lawful operation of the vessel;
(c) disembark at the point and time notified by the Pacific Island parties to the Government of the United States; and
(d) carry out all duties safely,
and no operator or crew member of the vessel shall assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an observer in the performance of his or her duties.
23. The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island parties, with food, accommodation and medical facilities of such reasonable standard as may be acceptable to the Pacific Island party whose representative is serving as the observer.
24. (a) The operators of United States vessels licensed to fish pursuant to the agreement shall be responsible for the costs of observers on United States vessels including the full travel costs from the place notified by the Pacific Island Parties to and from the vessel, salary and allowances, and full insurance coverage, and the cost of training those observers.
(b) The fees for the costs of the observers shall be provided in a lump sum on an annual basis to the Administrator. In the first licensing period of the extended Treaty, the lump sum shall be based on the following formula:
The number of licensed U.S. vessels multiplied by the average annual number of trips per vessel for the latest licensing period for which information is available multiplied by 20 percent multiplied by the cost per trip (US$4,000) equals lump sum payment. In addition in the first two years, an additional payment of US$15,000 per year for training shall be made to the Administrator.
(c) For subsequent licensing periods, the parties may, as mutually determined at the annual meeting provided for in Article 7 of the Treaty adjust the amount of the fees to be paid under sub-paragraph (b), it being understood that:
- the goal of the observer programme is to provide an effective observer programme for compliance by targeting 20 percent coverage, which may be reviewed from time to time
- any unused sums are carried forward to the next licensing period, with the annual fee to be reduced accordingly;
- the factor of inflation shall be taken into account
- the costs of training may be reviewed.
25. Any operator of the vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange for, and assist any person authorized for this purpose by the Pacific Island parties to have full access to any place where such fish is unloaded, to remove samples and to gather any other information relating to fisheries in the Licensing Area.
26. An observer programme shall be conducted in accordance with this Treaty and provisions that may be agreed from time to time.
PART 8
MISCELLANEOUS REQUIREMENTS
27. At all times while the vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing but so that the skiff is accessible for use in emergency situations; the helicopter, if any, shall be tied down; and launches shall be secured.
28. The vessel shall be operated in such a way that the activities of traditional and locally based fishermen and fishing vessels are not disrupted or in any other way adversely affected.
29. Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of this Treaty shall be true, complete and correct. Any change in circumstances which has the effect of rendering any such information false, incomplete or misleading shall be notified to the Administrator immediately.
30. It is understood that a region-wide vessel tracking system applicable to all vessels licensed to fish in the Treaty Area may be established. U.S. vessels with a licence to fish under the Treaty shall participate in such a system and shall install and operate a transponder of a type and in such a manner as may be agreed by the Parties. It is understood that data derived through the system shall be treated as confidential business information and that the terms and conditions for access to that information shall be a matter of discussions between the Parties.
SCHEDULE 1
APPLICABLE NATIONAL LAWS
The following laws and any regulations or other instruments having the force of law which have been implemented pursuant to those laws, as amended at the time this Treaty enters into force, shall be considered as applicable national laws for the purposes of this Treaty.
Australia
Antarctic Marine Living Resources Conservation Act, 1981
Fisheries Management Act, 1991
Fisheries Administration Act, 1991
Statutory Fishing Rights Charge Act, 1991
Fisheries Legislation (Consequential Provisions) Act, 1991
Foreign Fishing Licences Levy Act, 1991
Fishing Levy Act, 1991
Fisheries Agreements (Payments) Act, 1991
Torres Strait Fisheries Act, 1984
Whale Protection Act, 1980
Cook Islands
Cook Island Commercial Fishing Regulations, 1951
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979
Fisheries Protection Act, 1976
Fishing Ordinance, 1950
Territorial Sea and Exclusive Economic Zone Act, 1977
Federated States of Micronesia
Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10, 3-34, and 3-80
Fiji
Fisheries Act, 1942
Fisheries Ordinance (Cap 135)
Fisheries Regulations (Cap 135)
Marine Spaces Act, 1978
Marine Spaces (Foreign Fishing Vessels) Regulations, 1979
Kiribati
Fisheries Ordinance, 1979
Fisheries (Amendment) Act, 1984
Marine Zones (Declaration) Act, 1983
Marshall Islands
Title 33, Marine Resources Act, as amended by P.L. 1989-56, P.L. 1991-143 and P.L. 1992-25 of the Marshall Islands revised Code.
Nauru
Interpretation Act, 1971
Marine Resources Act, 1978
New Zealand
Antarctic Marine Living Resources Act, 1981
Continental Shelf Act, 1964
Conservation Act, 1987
Driftnet Prohibition Act, 1991
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978
Fishing Industry Board Act, 1963
Fisheries Act, 1983
Marine Mammals Protection Act, 1978
Marine Reserves Act, 1971
Marine Pollution Act, 1974
Meat Act, 1964
Territorial Sea and Exclusive Economic Zone Act, 1977
Tokelau (Territorial Sea and Exclusive Economic Zone) Act, 1977
Submarine Cables and Pipelines Protection Act, 1966
Sugar Loaf Islands Marine Protection Area Act, 1991
Wildlife Act, 1953
Niue
Cook Islands Commercial Fishing Regulations 1951
Niue Fish Protection Act 1965
Sunday Fishing Prohibition Act 1980
Territorial Sea and Exclusive Economic Zone Act 1977
Palau
Palau National Code, Title 27
Papua New Guinea
Fisheries Act (Cap 214)
Fisheries Regulations (Cap 214)
Fisheries (Torres Strait Protected Zone) Act, 1984
National Seas Act, (Cap 361)
Tuna Resources Management Act, (Cap 224)
Whaling Act (Cap 225)
Solomon Islands
Delimitation of Marine Waters Act, 1978
Fisheries Act, 1972
Fisheries Limits Act, 1977
Fisheries Regulations, 1972
Fisheries (Foreign Fishing Vessels) Regulations, 1981
Tonga
Fisheries Protection Act, 1973
Fisheries Regulation Act, 1923
Whaling Industry (Amendment) Act, 1979
Fisheries Act, 1989
Tuvalu
Fisheries Act (Cap 45)
Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1982
Marine Zones (Declaration) Act, 1983
Vanuatu
Fisheries Act 1982 (Cap 158)
Fisheries Regulations 1983
Maritime Zones Act 1981 (Cap 138)
Western Samoa
Exclusive Economic Zone Act, 1977
Territorial Sea Act, 1971
Fisheries Act, 1988
SCHEDULE 2
CLOSED AREAS
Australia All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25° 30¢ south with the point of intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel of latitude 25° 30¢ South.
Cook Islands Territorial Sea
Federated States of Micronesia Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all named banks and reefs as depicted on the following charts:
DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7\17\72. Corrected through NM 3\78 of June 21, 1978).
DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976).
DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM 4\80).
Fiji Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies.
Kiribati Within archipelagic waters as established in accordance with the Marine Zones Declaration Act 1983; within 12 nautical miles drawn from the baselines from which the territorial seas is measured; within 2 nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates.
Marshall Islands 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates.
Nauru The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2.
New Zealand Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and south of 39° South latitude; all waters to east of New Zealand main islands south of 40° South latitude; and in respect of Tokelau: areas within 12 nautical miles of all island and reef baselines; twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka’ofo; and coordinates as follows:
Atafu: 8° 35¢ 10² S, 172° 29¢ 30² W
Nukunonu: 9° 06¢ 25² S, 171° 52¢ 10² W
9° 11¢ 30² S, 171° 47¢ 00² W
Faka’ofo: 9° 22¢ 30² S, 171° 16¢ 30² W
Niue Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to the Niue Territorial Sea and Exclusive Economic Zone Act of 1978).
Palau Within 12 nautical miles of all island baselines in the Palau Islands; the area -
a) commencing at the north-easternmost intersection of the outer limit of the 12 nautical mile territorial sea of Palau by the arc of a circle having a radius of 50 nautical miles and its centre at Latitude 07° 16¢ 34² North, Longitude 134° 28¢ 25² East, being at about the centre of the reef entrance to Malakal Pass;
b) running thence generally south-easterly, southerly, south-westerly, westerly, north-westerly, northerly and north-easterly along that arc to its intersection by the outer limit of the 12 nautical mile territorial sea; and
c) thence generally northerly, north-easterly, easterly, south-easterly and southerly along that outer limit to the point of commencement.
NOTE Where for the purpose of this paragraph it is necessary to determine the position on the surface of the Earth of a point, line or area it shall be determined by reference to the World Geodetic System 1984, that is to say, by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,137 metres and a flattening of 1/298.2572.
Papua New Guinea In addition to its territorial sea and internal waters, within the area bounded by the following parallels and meridians — from latitude 0° 30¢ South to latitude 3° 30¢ South, and from longitude 149° East to longitude 153° East.
Solomon Islands All waters within the fishery limits of the Solomon Islands (including internal waters, territorial sea and archipelagic waters) except that part of the fishery limits east and north of the following lines: commencing at a point 161° East, 4° 20¢ South, then extending due south along 161° to a point 6° 30¢ South, then by a line extending due east to a point 165° East, then by a line due south to a point 8° South, then by a line due east to a point 169° 55¢ East.
Tonga All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau.
Tuvalu Territorial sea and waters within two nautical miles of all named banks, i.e. Macau, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled “Tuvalu Fishery Limits” prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981.
Vanuatu Archipelagic waters and the territorial sea, and internal waters.
Western Samoa Territorial sea; reefs, banks, sea-mounts and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its location shall be given by geographical coordinates.
Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable under the terms of this Treaty.
1.2 Omit Schedules 4, 5 and 6, substitute:
SCHEDULE 4
REPORT DETAILS
PART 1
LICENSING AREA REPORTS TO THE ADMINISTRATOR
(a) Port departure and entry into port for unloading
(1) report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) port name
(7) catch on board by species (in short tons)
(8) intended action
as: LBEG (or LFIN) / RREG# / TBD / ddmmyy /
TIME / CALL SIGN / PORT / SJ xxx YF yyy OTH zzz / INTENDED ACTION
(b) Weekly reports
(1) report type (WEEK)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) position (to one minute of arc)
(7) catch on board by weight by species
(8) intended action
as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION
(c) Transhipment reports
(1) report type (TRANS)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) position (to one minute of arc)
(7) catch transferred by weight by species
(8) name of carrier/Freezer
(9) destination of catch
as: TRANS / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH
PART 2
REPORTS TO NATIONAL AUTHORITIES
(a) Zone Entry and Exit
(1) report type (ZENT for entry and ZEXT for exit)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) position (to one minute of arc)
(7) catch on board by weight of species
(8) intended action
as: ZENT (or ZEXT) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / TIME / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION
(b) Weekly Reports
(1) report type (WEEK)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) position (to one minute of arc)
(7) catch on board by weight by species
(8) intended action
as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / INTENDED ACTION
(c) Port Entry Reports
(1) report type (PENT)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) position (to one minute of arc)
(7) catch on board by weight by species
(8) estimated time of entry into port (GMT)
(9) port name
(10) intended action
as: PENT / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / ETA / PORT NAME / INTENDED ACTION
(d) Transhipment reports
(1) report type (TRANS)
(2) Regional Register number
(3) Trip begin date
(4) date and time (GMT)
(5) international call sign
(6) position (to one minute of arc)
(7) catch transferred by weight by species
(8) name of carrier/Freezer
(9) destination of catch
as: TRANS / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / CARRIER NAME / DESTINATION OF CATCH
PART 3
OTHER NATIONAL REPORTING REQUIREMENTS
1. Australia
(a) Report of position and catch by species every day while within the Australian Fishing Zone;
(b) 24 hours notice of intention to enter the Australian Fishing Zone.
2. Fiji
(a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration of the craft, and its position at that specified time; and
(b) While in Fiji fisheries waters, weekly report of catch by species.
3. Kiribati
While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas.
4. New Zealand
(a) 24 hours notice of intention to enter New Zealand’s exclusive economic zone giving notice of -
name and call sign of craft;
position of point of entry;
species, quantity and condition of catch on board.
(b) While in the New Zealand exclusive economic zone;
notification of daily noon positions, to be received no later than noon on the following day;
a weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 hours on Monday to 2400 on the following Sunday and to be received by noon on the following Wednesday;
licensed craft are prohibited from transhipping within New Zealand fisheries waters, except at a port and time authorised by the Director General. 10 days notice of intention to tranship will be required.
(c) 24 hours notice of intention to exit New Zealand’s exclusive economic zone giving notice of -
position at point of exit;
species, quantity and condition of catch on board.
5. Solomon Islands
Report on:
(a) Expected vessel position, date and time of entry at least 24 hours before entry into the Solomon Islands Fishery Limits;
(b) Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and volume; and
(c) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday.
6. Tonga
While in the Tonga exclusive economic zone, daily position report by radio or telex.
7. Tuvalu
(a) Report not less than 24 hours before entry into the Tuvalu fishery limits on:
(i) the name, call sign and country of registration of the vessel;
(ii) the license number;
(iii) position on entry; and
(iv) catch by species.
SCHEDULE 5
PURSE SEINE VESSEL CATCH REPORT FORM
SCHEDULE 6
PURSE SEINE UNLOADING AND
TRANSHIPMENT LOGSHEET
SCHEDULE 6
PURSE SEINE TRANSSHIPMENT AND OTHER UNLOADING LOGSHEET
trip no:_________________ trip commencement date:______
vessel name:____________ radio call sign:_____________
(1) port:_____________________________________
[or position: lat___________ long___________]
(2) dates
(a) at unloading point
arrival___________________ departure: _______________
(b) at unloading
commencement:___________ completion:_______________
(3) partial or complete unloading _______________________
(4) unloading to: [(separate form to be completed for each transhipment/ unloading recipient)]
(5) (a) carrier vessel name: _____________________________
and radio call sign or regional register no: ____________
or
(b) name and address of company accepting fish: ______
(6) [destination of fish] {fish to be processed at} __________
(separate form to be completed for each processing destination)
(7) quantity unloaded [Enter quantity by size class in short tons]
|
|
Quantity
Accepted |
Quantity
Rejected |
[Tranship
Estimates] |
Yellowfin _______ _______ ________
Skipjack _______ _______ ________
Bigeye _______ _______ ________
Marlin _______ _______ ________
Unit (eg tons)
(9) signatures
______________________ _____________________
vessel master receiving agent
nb: An attachment to this form should include a signed copy of the size breakdown of catch as provided by the cannery.
2. Annex II
2.1 Omit paragraphs 1 to 6, substitute:
1. For the purposes of this Annex:
(a) “Licensing Period” means the period of validity of licences issued in accordance with this Treaty.
2. The Government of the United States shall make application for a licence in respect of any fishing vessel of the United States intended by the operator to be used for purse seine fishing in the Licensing Area at any time in the Licensing Period by providing to the Administrator a complete application form as set out in Schedule 1.
3. Licences issued pursuant to this Treaty shall not take effect until the Administrator has received payment, free of any charges whatsoever, of the amounts set out in Schedule 2 for that Licensing Period in the manner described in that Schedule.
4. (a) The Administrator may suspend the good standing of a vessel on the Regional Register of Foreign Fishing Vessels where there is reasonable cause to believe that the vessel operator has violated the terms and conditions of access in Annex I including but not limited to:
(i) failing to report entry into and exit from Zones;
(ii) failing to report while in a Zone;
(iii) misreporting position and catch on board; or
(iv) improperly marking the vessel and gear.
(b) The Administrator shall notify the Government of the United States and the operator not less than 30 days prior to the intended date of suspension of good standing. The notice shall include a statement of the facts which give reasonable cause to believe a violation has occurred, the corrective action required, and the effective date of the suspension of good standing; provided however that the corrective action required shall be limited to making the omitted report, correcting any misreporting, or correcting vessel markings or otherwise complying with the requirements of Annex I.
(c) If the corrective action is taken within 30 days, the Administrator shall not suspend good standing.
(d) Upon satisfactory completion of the required corrective action, the Administrator shall immediately reinstate the good standing of the vessel.
(e) Any fishing vessel of the United States in respect of which good standing has been suspended shall not be eligible to receive a new licence upon the expiration of the current licence, until notified by the Administrator that good standing has been reinstated.
5. Subject to paragraph 6, a licence may be denied:
(a) where the application is not in accordance with the requirements of paragraph 2;
(b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Administrator;
(c) where the vessel in respect of which application for a licence has been made does not have good standing on the Regional Register of Foreign Fishing Vessels, maintained by the South Pacific Forum Fisheries Agency, provided that:
(i) good standing is withdrawn only as a result of:
(A) the commission of a serious offence against fisheries laws or regulations of a Pacific Island State and the operator has not fully complied with any civil or criminal judgment rendered with respect to such an offence;
(B) evidence existing that gives reasonable cause to believe that the operator has committed a serious offence against the fisheries laws or regulations of any Pacific Island State and that it has not been possible to bring the vessel operator to trial; or
(C) the vessel operator has failed to comply with the annual registration and information requirements for registration as notified by the Administrator to the Government of the United States;
(D) the failure to satisfactorily complete the required corrective action of all outstanding requests, as a result of which the good standing of a vessel has continued in suspension for a period of more than 12 months;
(ii) the Pacific Island party requesting withdrawal of good standing has first consulted the Government of the United States and has made all reasonable efforts to resolve the dispute in question before utilizing the procedures for withdrawal of good standing;
(iii) in the event of a request for withdrawal of good standing from the Regional Register of Foreign Fishing Vessels of a vessel licensed pursuant to this Treaty, the Pacific Island parties agree to take into consideration that vessel’s compliance with the terms of this Treaty in determining whether to approve such a request; and
(iv) following a withdrawal of good standing the Pacific Island party involved promptly advises the Government of the United States in writing of the reason for the withdrawal and the requirements which must be fulfilled to reinstate good standing;
(d) where there has been a failure to satisfy a final judgment or other final determination for a breach of this Treaty by the owner, charterer or master of the vessel in respect of which application for a licence has been made, until such time as the final judgment or other final determination is satisfied, and subsequent change in ownership of a vessel shall not affect the application of this provision; or
(e) where an operator has committed, or the vessel has been used for:
(i) a violation of this Treaty, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that the violation is of a serious nature; or
(ii) any violation of this Treaty on more than one occasion, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that such multiple violations constitute a serious disregard of this Treaty.
6. Without prejudice to their rights under Paragraph 4 of Article 4 of the Treaty, the Pacific Island Parties shall consider notifying the Government of the United States of any alleged infringements of the Treaty by vessels of the United States 30 days prior to requesting an investigation under Paragraph 4 of Article 4 of the Treaty. The Government of the United States shall inquire into the allegation. As appropriate, the Government of the United States, the operator concerned, the Administrator and the Pacific Island Party concerned may engage in consultations with a view to settling the matter.
7. A maximum number of licences may be issued for any Licensing Period as set out in Schedule 2, and, upon request by the Government of the United States, the Pacific Island parties may agree to vary such number.
8. On receipt of an application for a licence in accordance with this Annex, the Administrator shall take the necessary steps to ensure that:
(a) a licence in the form set out in Schedule 3 in respect of the vessel identified in the application; or
(b) a statement setting out the reasons that a licence in respect of the vessel identified in the application is denied together with a refund of the amount or amounts provided with the application;
is promptly provided to the Government of the United States.
2.2 Omit Schedule 2, substitute:
SCHEDULE 2
PAYMENTS AND REVIEW
1. The following amounts are payable annually for a period of ten (10) years pursuant to paragraph 3 of Annex II -
(a) an annual industry payment of US$4 million, which shall cover -
(i) licence fees for up to 55 vessels as set forth in paragraph 2 below; and
(ii) technical assistance;
(b) costs to be paid by the industry for the observer programme set forth in Part 7 of Annex I; and
(c) sums pursuant to the related agreement between the South Pacific Forum Fisheries Agency and the Government of the United States.
2. During each licensing period, the Administrator shall make available a maximum of 55 licences to fishing vessels of the United States for fishing in the Licensing Area. Any licences issued beyond 50 shall only be available to fishing vessels of the United States engaged in fishing activity designed to advance broader cooperation with the Pacific Island parties as envisaged under Article 2. If the Administrator does not receive applications for the maximum of 55 licences during any of the first three licensing periods, the Pacific Island parties reserve the right at the end of the third licensing period to review the allocation of licences beyond 50 for the remaining licensing periods.
3. Prior to the beginning of the sixth licensing period, the Parties shall review the number of licences to be issued, the licence fees and any other issues which may be identified during the preceding Annual Consultations. During such review, the Parties shall determine the number of licences and the licence fees for the second five-year period. Any agreed changes in the number of licences or licence fees shall be reflected in the annual industry payment.
Schedule 5 Catch limits — northern waters
(regulations 47 and 51)
Part 1 Northern waters
That part of the AFZ that is within the area bounded by a notional line beginning at the point of intersection of the southern coastline of Australia and the meridian of longitude 129° east and running progressively:
· south along that meridian to the outer limit of the AFZ;
· generally westerly, northerly, easterly and southerly along that outer limit to its second intersection with the parallel of latitude 28° 10' south;
· west along that parallel to its intersection with the eastern coastline of Australia at the border of Queensland and New South Wales;
· generally northerly, westerly, southerly and easterly along that coastline to the point where the line began.
Part 2 Restricted species for northern waters
Division 1
|
Common name |
Scientific name |
|
Amberjack |
Seriola dumerili |
|
Black kingfish |
Rachycentron canadus |
|
Yellowtail kingfish |
Seriola lalandi |
Division 2
|
Common name |
Scientific name |
|
Australian bonito |
Sardi australis |
|
Australian spotted mackerel |
Scomberomorus munroi |
|
Bar cod |
Polyprion moeone |
|
Blue eye trevalla |
Hyperoglyphe antarctica |
|
Cod |
Family Serranidae |
|
Dog toothed tuna |
Gymnosarda unicolor |
|
Dolphinfish |
Coryphaena hippurus |
|
Emperor |
Families Lethrinidae and Lutjanidae |
|
Frigate mackerel |
Auxis thazard |
|
Grouper |
Family Serranidae |
|
Hapuku |
Polyprion oxygeneios |
|
Leaping bonito |
Cybiosarda elegans |
|
Mackerel tuna |
Euthynnus affinis |
|
Oriental bonito |
Sarda orientalis |
|
Rainbow runner |
Elagatis bipinnulata |
|
Rake gilled mackerel |
Rastrelliger kanagurta |
|
Shark mackerel |
Grammatorcynus bicarinatus |
|
Snapper |
Pagrus auratus |
|
Spanish mackerel |
Scomberomorus commerson |
|
Trevally |
Family Carangidae (except genus Seriola) |
|
Tropical snapper |
Families Lethrinidae and Lutjanidae |
|
Tuskfish |
Family Labridae |
|
Wrasse |
Family Labridae |
Division 3
|
Common name |
Scientific name |
|
Butterfly mackerel |
Gasterochisma melampus |
|
Shark |
Subclass Elasmobranchii and Family Serranidae |
|
Slender tuna |
Allothunnus fallai |
|
Wahoo |
Acanthocybium solandri |
Schedule 6 Catch limits — Victorian, South Australian and Tasmanian waters
(regulations 47, 56, 59, 61, 64, 66 and 67)
Part 1 Areas of application
Division 1 Victorian waters
The area of water bounded by a notional line beginning at the intersection of the coastline at mean low water mark with the border between New South Wales and Victoria and running progressively:
· south easterly along the geodesic towards a point of latitude 37° 35¢ south, longitude 150° 10¢ east to its intersection with a line parallel to, and 3 nautical miles distant from, the coastline at mean low water mark;
· along that line to its intersection with the geodesic which is a continuation of the landward border between New South Wales and Victoria;
· south easterly along the geodesic to its intersection with the outer limit of the AFZ;
· generally southerly along that outer limit to its intersection with the parallel of latitude 39° 12¢ south;
· westerly along the parallel to its intersection with the meridian of longitude 143° 40¢ east;
· southerly along the meridian to the parallel of latitude 40° 00¢ south;
· westerly along the parallel to its intersection with the meridian of longitude 140° 57.9¢ east;
· northerly along that meridian to its intersection with the coastline at mean low water mark;
· along the coastline of Victoria at mean low water mark to the point where the line began;
but excluding:
(a) the area described in Part 1 (Wilsons Promontory Marine Reserve) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and
(b) the area described in Part 2 (Wilsons Promontory Marine Park) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and
(c) the area described in Part 7 (Bunurong Marine Park) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and
(d) the area described in Schedule 2 (Point Lonsdale) to the Harold Holt Marine Reserves Proclamation 1979 of Victoria, published in the Government Gazette of Victoria, No. 11 on 7 February 1979; and
(e) the area described in Schedule 3 (Point Nepean) to the Harold Holt Marine Reserves Proclamation 1979 of Victoria, published in the Government Gazette of Victoria, No. 11 on 7 February 1979.
Division 2 South Australian waters
The area of water bounded by a notional line beginning at a point on the meridian of longitude 140° 57.9¢ east that is the intersection of the coastline at mean low water mark with the border between South Australia and Victoria and running progressively:
· south along the meridian to its intersection with the outer limit of the AFZ;
· west along that outer limit to its intersection with the meridian of longitude 129° east;
· north along the meridian to its intersection with the parallel of latitude 31° 45¢ south;
· north along the geodesic to the intersection of the coastline at mean low water mark with the border between South Australia and Western Australia;
· along the coastline of South Australia at mean low water mark to the point where the line began.
Division 3 Tasmanian waters
The area of waters bounded by a notional line beginning at the point of latitude 40° south, longitude 140° 57.9¢ east and running progressively:
· south along the meridian of longitude 140° 57.9¢ east to its intersection with the outer limit of the AFZ;
· generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 39° 12¢ south;
· west along that parallel to its intersection with the meridian of longitude 143° 40¢ east;
· south along that meridian to its intersection with the parallel of latitude 40° south;
· west along that parallel to the point where the line began;
but excluding:
(a) the area known as South West National Park, being all waters to the north and east of a notional line extending from Hilliard Head to Point Vincent; and
(b) the area known as Nine Pin Point Marine Nature Reserve, being all waters within 500 metres of Nine Pin Point; and
(c) the area known as Tinderbox Marine Nature Reserve, being the area of waters bounded by a notional line beginning at Piersons Point and running progressively:
· 200 metres due east;
· generally southerly and westerly 200 metres from and parallel to the low water mark to the point of latitude 43° 3.84¢ south, longitude 147° 19.13¢ east;
· due north to high water mark;
· generally northerly and easterly along the high water mark to the point of commencement; and
(d) the area known as Governor Island Marine Nature Reserve, being the area of waters bounded by a notional line beginning at the southernmost point of Governor Island and running progressively:
· due south for 400 metres;
· generally easterly, northerly and westerly at 600 metres from and parallel to low water mark to its intersection with the notional line of longitude that passes through the northernmost point of Governor Island.
Part 2 Crustaceans
Division 1 Prawns
|
Common name |
Scientific name |
|
Deepwater prawn |
Haliporoides cristatus |
|
Prawn |
Genus Aristeus |
|
Red prawn |
Aristeomorpha foliacea |
|
Royal red prawn |
Haliporoides sibogae |
|
Scarlet prawn |
Plesiopenaeus edwardsianus |
Division 2 Other crustaceans
|
Common name |
Scientific name |
|
Carid |
Family Pandalidae |
Part 3 Molluscs
|
Common name |
Scientific name |
|
Arrow squid |
Nototodarus gouldi |
|
Red ocean squid |
Ommastrephes bartrami |
|
Southern ocean arrow squid |
Todarodes filippovae |
|
Yellowback squid |
Sthenoteuthis oualaniensis |
|
Scallops |
Family Pectinidae |
Part 4 Finfish
Division 1 Victorian waters
Subdivision 1
|
Common name |
Scientific name |
|
Australian anchovy |
Engraulis australis |
|
Australian salmon |
Genus Arripis |
|
Blue sprat |
Spratelloides robustus |
|
King George whiting |
Sillaginodes punctata |
|
Pilchard |
Sardinops neopilchardus |
|
Sprat |
Clupea bassensis |
|
Wrasse |
Family Labridae |
Subdivision 2
|
Common name |
Scientific name |
|
Barracouta |
Thyrsites atun |
|
Leatherjackets, all species |
Family Monocanthidae |
|
Snapper |
Pagrus auratus |
|
Striped trumpeter |
Latris lineata |
|
Yellowtail kingfish |
Seriola lalandi |
Division 2 South Australian waters
Subdivision 1
|
Common name |
Scientific name |
|
Australian anchovy |
Engraulis australis |
|
Australian salmon/Tommy ruff |
Genus Arripis |
|
Banded morwong |
Nemodactylus spectabilis |
|
Black bream |
Acanthopagrus butcheri |
|
Blue sprat |
Spratelloides robustus |
|
Dusky morwong |
Dactylophora nigricans |
|
Garfish |
Hyporhamphus melanochir |
|
Grassy (rock) flathead |
Platycephalus laevigatus |
|
King gar |
Scomberesox forsteri |
|
King George whiting |
Sillaginodes punctata |
|
Luderick |
Girrella tricuspidata |
|
Magpie morwong |
Cheilodactylus nigripes |
|
Pilchard |
Sardinops neopilchardus |
|
Red mullet |
Upeneichthys vlamingii |
|
Sea sweep |
Scorpis aequipinnis |
|
Snook |
Sphyraena novaehollandiae |
|
Sprat |
Clupea bassensis |
|
Wrasse |
Family Labridae |
|
Yellow eye mullet |
Aldrichetta forsteri |
|
Yellow-finned whiting |
Sillago schomburgkii |
Subdivision 2
|
Common name |
Scientific name |
|
Bastard trumpeter |
Latridopsis forsteri |
|
Striped trumpeter |
Latris lineata |
Subdivision 3
|
Common name |
Scientific name |
|
Blue groper |
Achoerodus gouldii |
|
Snapper |
Pagrus auratus |
Subdivision 4
|
Common name |
Scientific name |
|
Mulloway |
Argyrosomus hololepidotus |
|
Yellowtail kingfish |
Seriola lalandi |
Subdivision 5
|
Common name |
Scientific name |
|
Black reef leatherjacket |
Eubalichthys bucephalus |
|
Chinaman leatherjacket |
Nelusetta ayraudi |
|
Parrotfish (or knifejaw) |
Oplegnathus woodwardi |
|
Rough leatherjacket |
Monacanthus chinensis |
Division 3 Tasmanian waters
Subdivision 1
|
Common name |
Scientific name |
|
Australian anchovy |
Engraulis australis |
|
Australian salmon/Tommy ruff |
Genus Arripis |
|
Banded morwong |
Nemodactylus spectabilis |
|
Black bream |
Acanthopagrus butcheri |
|
Blue sprat |
Spratelloides robustus |
|
Dusky morwong |
Dactylophora nigricans |
|
Garfish |
Hyporhamphus melanochir |
|
Grassy (rock) flathead |
Platycephalus laevigatus |
|
King gar |
Scomberesox forsteri |
|
King George whiting |
Sillaginodes punctata |
|
Luderick |
Girrella tricuspidata |
|
Magpie morwong |
Cheilodactylus nigripes |
|
Mulloway |
Argyrosomus hololepidotus |
|
Pilchard |
Sardinops neopilchardus |
|
Red mullet |
Upeneichthys vlamingii |
|
Sea sweep |
Scorpis aequipinnis |
|
Snook |
Sphyraena novaehollandiae |
|
Sprat |
Clupea bassensis |
|
Wrasse |
Family Labridae |
|
Yellow eye mullet |
Aldrichetta forsteri |
|
Yellow-finned whiting |
Sillago schomburgkii |
Subdivision 2
|
Common name |
Scientific name |
|
Bastard trumpeter |
Latridopsis forsteri |
Subdivision 3
|
Common name |
Scientific name |
|
Blue groper |
Achoerodus gouldii |
Subdivision 4
|
Common name |
Scientific name |
|
Snapper |
Pagrus auratus |
|
Striped trumpeter |
Latris lineata |
|
Yellowtail kingfish |
Seriola lalandi |
|
|
|
Part 5 Other species
|
Common name |
Scientific name |
|
Handfish |
Family Brachionichthyidae |
|
Seahorses and Pipefish |
Family Sygnathidae |
|
Three-finned blennies |
Family Tripterygiidae |