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Southern Bluefin Tuna Fishery Management Plan 1995

  • - C2004H03911
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SBT 01 Plans/Management of Sites & Species as amended, taking into account amendments up to Southern Bluefin Tuna Fishery Management Plan 1995 (Amendment No. 1 of 1996)
This Plan, together with the Fisheries Management Act 1991 under which it is made, establishes the framework for the Management of the Southern Bluefin Tuna Fishery. The Plan sets out the objectives of the Plan, the measures by which those objectives are to be attained, and performance criteria against which the measures taken may be assessed. Among other regulatory measures, the Plan establishes a system of statutory fishing rights.
Administered by: Agriculture, Fisheries and Forestry; Agriculture
Registered 13 Sep 2010
Start Date 13 Dec 1996
End Date 12 Mar 2002

Southern Bluefin Tuna Fishery Management Plan 1995

as amended

made under subsection 17 (1) of the

This compilation was prepared on 18 February 2002
taking into account amendments up to
Southern Bluefin Tuna Fishery Management Plan 1995 (Amendment No. 1 of 1996)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Page

Part 1                 Introductory provisions

                        1  Citation [see Note 1]                                                                               4

                        2  Commencement                                                                                     4

                        3  Interpretation                                                                                          4

                        4  Objectives                                                                                              8

                        5  Measures                                                                                               8

                        6  Performance criteria                                                                                9

                        7  Persons to whom this plan does not apply                                               10

Part 2                 Statutory fishing rights

                        8  What is a statutory fishing right?                                                            11

                        9  Who is entitled to fish SBT in the SBT Fishery area using an Australian boat?    11

                       10  Who is entitled to fish SBT in the Australian fishing zone using a foreign boat?   12

                       11  Who is entitled to use a boat in the SBT Fishery area for scientific research about SBT?       12

                       12  Who is entitled to fish in relation to fish other than SBT in the SBT Fishery area?         13

                       13  Maximum number of statutory fishing rights                                             13

                       14  Conditions for registration of eligibility for statutory fishing rights — section 26 of the Act       13

                       15  Grant of a statutory fishing right                                                              13

                       16  How many statutory fishing rights must AFMA grant to an eligible person? 15

                       17  Australia’s national catch allocation and provisional national catch allocation 15

                       18  Actual live weight value and interim live weight value of a statutory fishing right    16

                       19  Provisional live weight value of a statutory fishing right                              17

                       20  Actual, interim and provisional live weight values — period of effect            17

                       21  Actual, interim and provisional live weight values — notification to holders  18

                       22  Circumstances in which overcatching does not breach this plan                18

                       23  Signed extracts of the Register                                                               19

                       24  Obligations of the holder of a statutory fishing right — section 22 of the Act 19

                       25  Obligations of the holder of a fishing permit — section 32 of the Act           22

                       26  Obligations of the holder of a foreign fishing licence — section 34 of the Act 23

                       27  Directions by AFMA — subsection 17 (5A) of the Act and paragraph 5 (e)  24

                       28  Transfer of a statutory fishing right                                                          24

                       29  Expiry of a statutory fishing right                                                             25

Part 3                 Miscellaneous

                       30  Certificates                                                                                           26

                       31  Delegation                                                                                            26

                       32  Reconsideration of decisions by AFMA and Administrative Appeals Tribunal 26

                       33  Leasing arrangements                                                                           26

                       34  Agents                                                                                                 27

                       35  Notice in writing                                                                                    27

                       36  Notification by fax                                                                                  28

Part 4                 Transitional provisions

                       37  Transitional provisions                                                                            29

Notes                                                                                                                                 1

 

 

 

 


Part 1                 Introductory provisions

  

1              Citation [see Note 1]

                This plan may be cited as the Southern Bluefin Tuna Fishery Management Plan 1995.

2              Commencement

                This plan commences when notice of the fact that the plan has been determined is published in the Gazette under subsection 19 (1) of the Act.

3              Interpretation

        3.1   In this Plan, unless the contrary intention appears:

Act means the Fisheries Management Act 1991.

agent, in relation to a person who is the holder or owner of a statutory fishing right, means:

                (a)    a person responsible for the affairs and property of that person under a law in force in the Commonwealth, a State or a Territory, including a receiver, liquidator, trustee or guardian of that person and an executor or administrator of the estate of that person; or

               (b)    a person appointed as an agent, and notified to AFMA, under subclause 34.1.

ancillary fishing activity means any of the following activities carried out for a purpose other than scientific research about Southern Bluefin Tuna:

                (a)    processing;

               (b)    carrying;

                (c)    transhipping;

                of fish that have been taken.

certificate, in relation to a statutory fishing right, means a certificate under subsection 22 (2) of the Act evidencing the grant of the statutory fishing right.

Commission means the Commission for the Conservation of Southern Bluefin Tuna established under the Convention.

Convention means the Convention for the Conservation of Southern Bluefin Tuna done at Canberra on 10 May 1993.

driftnet, in relation to the SBT Fishery, means:

                (a)    a gillnet or other net; or

               (b)    a combination of nets;

                of any length the purpose of which is to enmesh, entrap or entangle Southern Bluefin Tuna by drifting on the surface of, or in, the water, but does not include a net being used to fish by the purse seine method.

ecologically related species means:

                (a)    any species of fish, marine mammal or marine reptile that is prey of, or preys on, Southern Bluefin Tuna; and

               (b)    any species of animal that is, or may be, incidentally affected by methods used to fish for Southern Bluefin Tuna.

eligible person means a person who is registered as an eligible person under section 26 of the Act.

former plan means the Southern Bluefin Tuna Fishery Management Plan as amended and in force immediately before the end of 2 February 1995.

high seas fishing zone means the area of water (other than coastal waters and the Australian fishing zone), the boundary of which:

                (a)    commences on the equator at the point at which the equator is intersected by the meridian of longitude 50º west; and

               (b)    runs thence east along the equator, to its intersection by the meridian of longitude 140º west; and

                (c)    runs thence south along that meridian to its intersection by the parallel of latitude 60º south; and

               (d)    runs thence west along that parallel to its intersection by the meridian of longitude 50º west; and

                (e)    runs thence north along that meridian to the point of commencement.

live weight value, in relation to a statutory fishing right, means the weight of whole Southern Bluefin Tuna:

                (a)    measured in kilograms; and

               (b)    determined in accordance with the actual, interim or provisional live weight value in effect under this plan;

                that may be taken under the conditions applicable to the statutory fishing right.

nominated boat has the same meaning as in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.

owner, in relation to a statutory fishing right, means a person who has ownership (within the meaning of subsection 49 (1) of the Act) of the fishing right.

public notice means a notice published in a newspaper circulating throughout Australia.

purse seine method means a method of fishing by which a net set at the surface of water is pursed at the base to enclose from beneath a volume of water.

SBT Fishery means any of the following activities:

                (a)    fishing for Southern Bluefin Tuna in the Australian fishing zone using an Australian or foreign boat;

               (b)    fishing for Southern Bluefin Tuna in the high seas fishing zone using an Australian boat;

                but does not include the fishing referred to in clause 7.

SBT Fishery area means the area made up of:

                (a)    the Australian fishing zone; and

               (b)    the high seas fishing zone.

season has the same meaning as in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.

secondary fishing activity means any of the following activities and operations carried out for a purpose other than scientific research about Southern Bluefin Tuna:

                (a)    searching for fish;

               (b)    attempting to search for, or take, fish;

                (c)    engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;

               (d)    placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;

                (e)    any operations at sea directly in support of, or in preparation for, any activities described in this definition;

                (f)    aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat.

signed means signed by a person on behalf of AFMA.

Southern Bluefin Tuna means fish of the species Thunnus maccoyii (Castelnau) or Thunnus thynnus.

statutory fishing right means a right of the kind described in clause 8.

transferee means a person to whom a holder proposes to transfer, under clause 28, a statutory fishing right.

trip means a voyage by a boat:

                (a)    commencing at a place on the coastline of a country; and

               (b)    if the boat is an Australian boat — proceeding to and from, or through, the SBT Fishery area for the purposes of fishing; and

                (c)    if the boat is a foreign boat — proceeding to and from, or through, the Australian fishing zone for the purposes of fishing; and

               (d)    ending at a place on the coastline of a country where fish taken using the boat are unloaded.

        3.2   For the purposes of this plan:

                (a)    a person is regarded as fishing for Southern Bluefin Tuna if in fact the person is taking Southern Bluefin Tuna; and

               (b)    the Australian fishing zone means:

                          (i)    the Australian fishing zone as defined in subsection 4 (1) of the Act; and

                         (ii)    the coastal waters that are taken, under section 76 of the Act, to be in the AFZ;

                        but does not include any part of the area that:

                         (iii)    is described in subregulation 4 (3) of the Fisheries Management Regulations; and

                        (iv)    is outside the area described in subparagraphs (i) and (ii).

        3.3   Notes in square brackets in this plan are included for information only and are not part of the plan.

[Note   Terms defined in the Fisheries Management Act 1991, unless redefined in this plan, have the same meanings in this plan. Some of those terms and their meanings are:

AFMA means the Australian Fisheries Management Authority.

Australian boat means:

(a)      a boat:

(i)      the operations of which are based on a place in Australia or an external Territory; and

(ii)     that is wholly-owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory; and

(iii)    that was built in Australia or an external Territory; or

(b)     a boat, not being a boat mentioned in paragraph (a) or a boat owned by a foreign resident that is under a demise charter, that is registered under the Shipping Registration Act 1981; or

(c)      a boat the subject of a declaration under subsection (2);

Australian fishing zone means:

(a)      the waters adjacent to Australia within the outer limits of the exclusive economic zone; and

(b)     the waters adjacent to each external Territory within the outer limits of the exclusive economic zone;

but does not include:

(c)      coastal waters of, or waters within the limits of, a State or internal territory; or

(d)     waters that are excepted waters.

charter boat means a boat that is being used exclusively for recreational fishing in the course of an arrangement under which money or some other consideration is, or is required to be, paid or given by or on behalf of a person or persons for the right to fish from the boat.

coastal waters has the same meaning given by section 5.

fishing means:

(a)      searching for, or taking, fish; or

(b)     attempting to search for, or take, fish; or

(c)      engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or

(d)     placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

(e)      any operations at sea directly in support of, or in preparation for, any activities described in this definition; or

(f)      aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or

(g)     the processing, carrying or transhipping of fish that have been taken.

fishing permit means a fishing permit granted under section 32 of the Act.

fish receiver permit means a fish receiver permit granted under section 91 of the Act.

foreign fishing licence means a foreign fishing licence granted under section 34 of the Act.

officer means:

(a)      a person appointed under section 83 of the Act to be an officer for the purposes of the Act; or

(b)     a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or

(c)      a member of the Defence Force.

Register means the Register of Statutory Fishing Rights kept by AFMA under section 44 of the Act.

scientific permit means a scientific permit granted under section 33 of the Act.

statutory fishing right has the meaning given by section 21 of the Act.

take, in relation to fish, means catch, take or harvest.]

4              Objectives

        4.1   This plan is intended to assist the Commission to achieve its objective of ensuring, through appropriate management, the conservation and optimum utilisation of Southern Bluefin Tuna.

        4.2   The objectives of this plan are:

                (a)    to ensure, by appropriate management and in conjunction with the Commission, the conservation of the stock of Southern Bluefin Tuna; and

               (b)    to ensure that the use of Australia’s national catch allocation for a season is consistent with the principles of ecologically sustainable development, having regard, in particular, to the impact of fishing activities in the SBT Fishery on ecologically related species; and

                (c)    to ensure that the use of a provisional national catch allocation (if any) for a season in effect under clause 17 is consistent with the principles of ecologically sustainable development, having regard, in particular, to the impact of fishing activities in the SBT Fishery on ecologically related species; and

               (d)    to ensure Australia’s national catch allocation for a season is not exceeded; and

                (e)    to ensure a provisional national catch allocation (if any) for a season in effect under clause 17 is not exceeded; and

                (f)    to maximise the economic efficiency of the SBT Fishery; and

                (g)    to implement efficient and cost effective management of the SBT Fishery.

5              Measures

                The measures by which the objectives of this plan are to be attained include:

                (a)    maintaining effective participation in the Commission; and

               (b)    ensuring that research in the SBT Fishery is focussed on key issues relating to Southern Bluefin Tuna stock assessment; and

                (c)    using the results of research in the SBT Fishery to aid in the development and implementation of a strategy to increase the stock of Southern Bluefin Tuna to a level considered by the Commission to be globally sustainable; and

               (d)    developing and implementing a research strategy, including timely provision and analysis of data, for the SBT Fishery to ensure that sufficient information is available to assist in the making of management decisions in relation to the Fishery; and

                (e)    developing and implementing appropriate management measures, including directions referred to in subsection 17 (5A) of the Act, in relation to the SBT Fishery; and

                (f)    continually evaluating the mechanisms that have been put in place to monitor fishing of:

                          (i)    Australia’s national catch allocation for a season; and

                         (ii)    any provisional national catch allocation for a season;

                        and modifying the mechanisms as necessary to improve monitoring of the fishing; and

                (g)    regularly monitoring fishing in the SBT Fishery by cross-referencing information, such as logbook returns and catch and disposal records, to check the accuracy and consistency of the information; and

                (h)    monitoring, by the collection of data and samples, the impact of fishing in the SBT Fishery on ecologically related species, and implementing any practical strategies that are necessary to minimise the impact of that fishing on those species; and

                 (i)    ensuring that the Southern Bluefin Tuna Management Advisory Committee and its associated sub-committees are given detailed information to enable them to provide effective advice in all areas, including budgetary matters, to AFMA to enable efficient and cost effective management of the SBT Fishery.

6              Performance criteria

        6.1   The performance criteria against which the measures taken may be assessed are:

                (a)    that management measures developed in conjunction with the Commission lead to an increase in the parental stock of Southern Bluefin Tuna to a level considered by the Commission to be globally sustainable; and

               (b)    that Australia’s national catch allocation for a season is not exceeded; and

                (c)    that a provisional national catch allocation (if any) for a season in effect under clause 17 is not exceeded; and

               (d)    that appropriate research is carried out in the SBT Fishery and the results are:

                          (i)    used in assessing the stock of Southern Bluefin Tuna; and

                         (ii)    incorporated into management programs relating to Southern Bluefin Tuna; and

                (e)    that relevant data is collected and analysed in a timely manner to enable:

                          (i)    evaluation of the effectiveness of the strategy to increase the stock of Southern Bluefin Tuna to a level considered by the Commission to be globally sustainable; and

                         (ii)    modification, as necessary, of the strategy; and

                (f)    that there has been an improvement in the economic efficiency of the SBT Fishery, measured in terms of:

                          (i)    optimum utilisation in each season of Australia’s national catch allocation for the same season; and

                         (ii)    optimum utilisation in each season of any provisional national catch allocation for the same season; and

                         (iii)    value adding to Southern Bluefin Tuna taken in the SBT Fishery; and

                        (iv)    real values of net returns on investment in the SBT Fishery; and

                (g)    that practical strategies are implemented to minimise the impact of fishing activities in the SBT Fishery on ecologically related species; and

                (h)    that budgetary objectives are achieved.

        6.2   AFMA and the Southern Bluefin Tuna Management Advisory Committee must, from time to time, assess by reference to the performance criteria the effectiveness of the measures taken to implement the objectives of this plan.

        6.3   AFMA must publish an annual report assessing the performance of this plan with reference to the most recent assessment carried out under subclause 6.2.

7              Persons to whom this plan does not apply

                This plan does not apply to a person who:

                (a)    is carrying on recreational fishing in the SBT Fishery area; or

               (b)    is fishing in the SBT Fishery area using a charter boat that is not a nominated boat; or

                (c)    during a trip, is fishing in the SBT Fishery area using a charter boat that is a nominated boat, if:

                          (i)    before the trip commences the person gives notice to AFMA that the boat will be used on the trip only as a charter boat; and

                         (ii)    during the trip the person uses the boat only as a charter boat; or

               (d)    is fishing in the Australian fishing zone in accordance with an agreement between the Commonwealth and the government of a foreign country; or

                (e)    is fishing in the high seas fishing zone in accordance with the law of a foreign country.

Part 2                 Statutory fishing rights

8              What is a statutory fishing right?

        8.1   A statutory fishing right:

                (a)    is a right granted under section 31 of the Act; and

               (b)    is, subject to this plan, a right, in each season while the fishing right continues, to one of a number of equal portions of a national catch allocation determined for that season under this plan; and

                (c)    continues until:

                          (i)    this plan ceases to have effect; or

                         (ii)    the fishing right ceases to have effect, as set out in clause 29;

                        whichever occurs first.

        8.2   While an interim live weight value of a statutory fishing right is in effect under this plan the fishing right is taken to be a right to a portion, equal to the portion referred to in subclause 8.1, in relation to so much of a national catch allocation as is determined under paragraph 18.3 (b).

9              Who is entitled to fish SBT in the SBT Fishery area using an Australian boat?

        9.1   A person is entitled to use an Australian boat in the SBT Fishery area during a season to:

                (a)    take Southern Bluefin Tuna (other than for the purpose of scientific research about Southern Bluefin Tuna); and

               (b)    conduct secondary fishing activities in relation to Southern Bluefin Tuna; and

                (c)    conduct ancillary fishing activities in relation to the Southern Bluefin Tuna that has been taken using the boat;

                if, and only if:

               (d)    the boat is a nominated boat; and

                (e)    the person is, or is acting on behalf of, the holder of statutory fishing rights that have a total live weight value that is at least equal to the weight of whole Southern Bluefin Tuna taken under the fishing rights in the season; and

                (f)    in the season the boat has not been used to take a weight of whole Southern Bluefin Tuna that exceeds the total live weight value of the fishing rights in relation to which the boat is a nominated boat.

        9.2   A person is entitled to use an Australian boat (in this subclause called the Australian boat) in the SBT Fishery area to conduct ancillary fishing activities in relation to Southern Bluefin Tuna that has been taken in accordance with this plan using another boat if, and only if, the person is, or is acting on behalf of, the holder of a fishing permit that authorises use of the Australian boat for the activities.

10            Who is entitled to fish SBT in the Australian fishing zone using a foreign boat?

      10.1   A person is entitled to use a foreign boat in the Australian fishing zone during a season to:

                (a)    take Southern Bluefin Tuna (other than for the purpose of scientific research about Southern Bluefin Tuna); and

               (b)    conduct secondary fishing activities in relation to Southern Bluefin Tuna; and

                (c)    conduct ancillary fishing activities in relation to Southern Bluefin Tuna that has been taken using the boat (other than transhipment of the Southern Bluefin Tuna from the boat);

                if, and only if:

               (d)    the boat is a nominated boat; and

                (e)    the person is, or is acting on behalf of, the holder of a foreign fishing licence:

                          (i)    granted pursuant to an agreement referred to in section 35 of the Act; and

                         (ii)    that authorises the use of the boat for the activities referred to in paragraphs (a), (b) and (c); and

                (f)    the person is, or is acting on behalf of, the holder of statutory fishing rights that have a total live weight value that is at least equal to the weight of whole Southern Bluefin Tuna taken under the fishing rights in the season; and

                (g)    in the season the boat has not been used to take a weight of whole Southern Bluefin Tuna that exceeds the total live weight value of the fishing rights in relation to which the boat is a nominated boat.

      10.2   A person is entitled to use a foreign boat (in this subclause called the foreign boat) in the Australian fishing zone to conduct ancillary fishing activities in relation to Southern Bluefin Tuna that has been taken in accordance with this plan using another boat if, and only if, the person is, or is acting on behalf of, the holder of a foreign fishing licence that authorises use of the foreign boat for the activities.

11            Who is entitled to use a boat in the SBT Fishery area for scientific research about SBT?

      11.1   A person is entitled to use an Australian boat in an area (in this subclause called the area), that is in the SBT Fishery area, for the purpose of scientific research about Southern Bluefin Tuna if, and only if, the person is, or is acting on behalf of, the holder of a scientific permit that authorises the use of the boat in the area for that purpose.

      11.2   A person is entitled to use a foreign boat in an area (in this subclause called the area), that is in the Australian fishing zone, for the purpose of scientific research about Southern Bluefin Tuna if, and only if, the person is, or is acting on behalf of, the holder of a scientific permit that authorises the use of the boat in the area for that purpose.

12            Who is entitled to fish in relation to fish other than SBT in the SBT Fishery area?

      12.1   A person who is entitled to use an Australian boat in the SBT Fishery area to fish for Southern Bluefin Tuna may, as a part of that fishing, use the boat to fish in relation to other fish if, and only if, the fishing in relation to the other fish is in accordance with:

                (a)    a fishing permit in force under the Act; or

               (b)    another plan of management in force under the Act; or

                (c)    a law of a State or Territory that is in force in relation to the SBT Fishery area; or

               (d)    in a case in which the fishing in relation to the other fish occurs in the high seas fishing zone — the law of a foreign country.

      12.2   A person who is entitled to use a foreign boat in the Australian fishing zone to fish for Southern Bluefin Tuna may, as a part of that fishing, use the boat to fish in relation to other fish if, and only if, the fishing in relation to the other fish is in accordance with:

                (a)    a foreign fishing licence in force under the Act; or

               (b)    another plan of management in force under the Act.

13            Maximum number of statutory fishing rights

                The number of statutory fishing rights must not exceed 5,324,437.

14            Conditions for registration of eligibility for statutory fishing rights — section 26 of the Act

      14.1   The conditions for registration of a person as an eligible person are:

                (a)    that the person’s application for registration is made to AFMA in the form approved by AFMA within the period specified in the notice in relation to the SBT Fishery published under section 24 of the Act; and

               (b)    that the person was, immediately before the end of 2 February 1995, a unit holder (other than by way of lease) under the former plan.

      14.2   In spite of subclause 14.1, if a person:

                (a)    was, immediately before the end of 2 February 1995, a unit holder (other than by way of lease) under the former plan; and

               (b)    applies to AFMA for registration in the form approved by AFMA after the period referred to in paragraph 14.1 (a); and

                (c)    demonstrates to the satisfaction of AFMA that the application was made after that period because of exceptional extenuating circumstances;

                AFMA may regard the person as satisfying paragraph 14.1 (a).

15            Grant of a statutory fishing right

      15.1   The grant of a number of statutory fishing rights calculated in accordance with clause 16 is available to an eligible person if the person:

                (a)    requests AFMA to grant the statutory fishing right; and

               (b)    makes the request within 30 days after being notified of the decision to register the person as an eligible person.

      15.2   If the person does not make the request within 30 days, AFMA must:

                (a)    send a reminder to the person at his or her last known address; and

               (b)    allow the person a further 30 days in which to make the request.

      15.3   If the person does not make the request within the further period referred to in paragraph 15.2 (b), AFMA must send the person notice that the person’s registration as an eligible person will be cancelled if the person does not, within 14 days after the date of the notice:

                (a)    make the request; and

               (b)    demonstrate to the satisfaction of AFMA that there are extenuating circumstances that caused the person to fail to make the request before the end of the period referred to in paragraph 15.2 (b).

      15.4   A notice under subclause 15.3 must be sent to the last known address of the person to whom it is sent.

      15.5   If the person:

                (a)    fails to make a request before the end of the period specified in a notice under subclause 15.3; or

               (b)    makes a request;

                          (i)    after the end of the period referred to in paragraph 15.2 (b); and

                         (ii)    before the end of the period specified in a notice under subclause 15.3;

                        and does not demonstrate to the satisfaction of AFMA that there are the extenuating circumstances referred to in paragraph 15.3 (b);

                AFMA must cancel the registration of the person as an eligible person by making a suitable annotation on the Register.

      15.6   AFMA must note on the certificate evidencing the fishing right the following information that is entered on the Register in relation to the grant of the fishing right:

                (a)    the name of the person to whom the fishing right is granted;

               (b)    a description of the fishing right;

                (c)    the period (if any) for which the fishing right is granted;

               (d)    that the fishing right is granted in relation to the SBT Fishery.

      15.7   Nothing in this clause prevents AFMA from evidencing the grant of 2 or more statutory fishing rights on the same certificate.

[Notes   

1.          For the grant of a fishing right to an eligible person, see section 31 of the Act.

2.          For the issue of a certificate evidencing the grant of a fishing right, see subsection 22 (2) of the Act.

3.          A statutory fishing right may be suspended, cancelled or surrendered — see sections 38 and 39 and subsection 22 (6) of the Act, respectively.

4.          A statutory fishing right granted for the SBT fishery ceases to have effect if AFMA revokes the plan of management — see subsections 20 (4) and 22 (3) of the Act.

5.          AFMA must register each fishing right that it, or a Joint Authority managing a fishery in accordance with the law of the Commonwealth, grants by entering in the Register the particulars set out in paragraphs 45 (1) (a), (b), (c), (d) and (e) of the Act and such other particulars (if any) that are prescribed in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.]

16            How many statutory fishing rights must AFMA grant to an eligible person?

                For the purposes of section 31 of the Act, the grant available to an eligible person is the number of statutory fishing rights calculated in accordance with the formula:

                where:

UFC is the number of units of fishing capacity held (other than by way of lease), immediately before the end of 2 February 1995, by the person as a unit holder under the former plan.

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

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

      17.2   Each season AFMA must determine the amount of Australia’s national catch allocation for the season to be an amount that does not exceed the allocation to Australia under a decision (if any) by the Commission, that applies to the season, under paragraph 3 (a) of article 8 of the Convention.

      17.3   AFMA must not determine Australia’s national catch allocation for a season before the end of 7 months after the commencement of the season unless the Commission has made a decision that applies to the season.

      17.4   If, at the end of 1 month after the commencement of a season the Commission has not made a decision that applies to the season, AFMA may determine a provisional national catch allocation for the season.

      17.5   A provisional national catch allocation for a season must not exceed Australia’s national catch allocation determined by AFMA for the previous season.

      17.6   If, at the end of 7 months after the commencement of a season, the Commission has not made a decision that applies to the season, AFMA must determine the amount of Australia’s national catch allocation for the season to be an amount that does not exceed Australia’s national catch allocation determined by AFMA for the previous season.

      17.7   If, later than 7 months after the commencement of a season, the Commission makes a decision that applies to the season:

                (a)    if, under the Commission’s decision, Australia’s allowable catch is an amount less than the amount of the national catch allocation determined by AFMA for the season — AFMA must make a further determination so that the national catch allocation does not exceed the allowable catch under the Commission’s decision; and

               (b)    in any other case — AFMA may make a further determination of the amount of the national catch allocation that does not exceed the amount of the allowable catch under the Commission’s decision.

18            Actual live weight value and interim live weight value of a statutory fishing right

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

      18.2   The actual live weight value of a statutory fishing right for a season is calculated in accordance with the formula:

                where:

AusCatch is Australia’s national catch allocation in whole Southern Bluefin Tuna, measured in kilograms, for the season; and

No. of SFRs is the number of statutory fishing rights:

                (a)    granted under subclause 15.1; and

               (b)    that have not ceased to have effect, as set out in clause 29;

                immediately before the actual live weight value is calculated.

      18.3   Not later than 30 days before the commencement of the season:

                (a)    if AFMA has determined AusCatch for the season — AFMA must calculate the actual live weight value for the season and specify in a public notice the details described in subclause 18.7; or

               (b)    in any other case — AFMA must calculate the interim live weight value of a statutory fishing right for the season and specify that value in a public notice.

      18.4   The interim live weight value calculated under paragraph 18.3 (b) must not exceed 50% of the actual live weight value of a statutory fishing right for the previous season.

      18.5   If, for a season, AFMA determines AusCatch during the period that:

                (a)    begins 30 days before the commencement of the season; and

               (b)    concludes at the end of 7 months after the commencement of the season;

                AFMA must, without delay, calculate the actual live weight value for the season and specify in a public notice the details described in subclause 18.7.

      18.6   If AFMA makes a determination of the AusCatch for a season under subclause 17.6 or 17.7, AFMA must, without delay, calculate the actual live weight value for the season and specify in a public notice the details described in subclause 18.7.

      18.7   The details required for the purposes of paragraph 18.3 (a) and subclauses 18.5 and 18.6 are:

                (a)    the factors ‘AusCatch’ and ‘No. of SFRs’ under subclause 18.2, in relation to the season; and

               (b)    the actual live weight value of a statutory fishing right for the season.

      18.8   AFMA must not calculate and publish more than 1 actual live weight value of a statutory fishing right for a season unless, because of the operation of subclause 17.7, the AusCatch determined for the season is varied.

19            Provisional live weight value of a statutory fishing right

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

      19.2   The provisional live weight value of a statutory fishing right for a season is calculated for the season in accordance with the formula:

                where:

ProvCatch is the provisional national catch allocation in whole Southern Bluefin Tuna, measured in kilograms, for the season; and

No. of SFRs is the number of statutory fishing rights:

                (a)    granted under subclause 15.1; and

               (b)    that have not ceased to have effect, as set out in clause 29;

                immediately before the provisional live weight value is calculated.

      19.3   If AFMA determines a provisional national catch allocation for a season under subclause 17.4, AFMA must:

                (a)    calculate the provisional live weight value for the season; and

               (b)    specify in a public notice:

                          (i)    the factors ‘ProvCatch’ and ‘No. of SFRs’ under subclause 19.2, in relation to the season; and

                         (ii)    the provisional live weight value of a statutory fishing right for the season.

      19.4   AFMA must not calculate and publish more than 1 provisional live weight value of a statutory fishing right for a season.

20            Actual, interim and provisional live weight values — period of effect

      20.1   If, at any time, AFMA specifies under paragraph 18 (3) (a) or subclause 18.5 or 18.6 the actual live weight value of a statutory fishing right for a season, that value is taken to have effect from the commencement of the season.

      20.2   An interim live weight value of a statutory fishing right for a season specified under paragraph 18.3 (b):

                (a)    has effect from the commencement of the season; and

               (b)    ceases to have effect on the day AFMA publishes a notice under subclause 18.5 or 18.6 or paragraph 19.3 (b) in relation to the season.

      20.3   A provisional live weight value of a statutory fishing right for a season specified under paragraph 19.3 (b):

                (a)    has effect from the commencement of the season; and

               (b)    ceases to have effect on the day AFMA publishes a notice under subclause 18.5 or 18.6 in relation to the season.

21            Actual, interim and provisional live weight values — notification to holders

      21.1   When, in a notice published under paragraph 18.3 (a) or subclause 18.5 or 18.6, AFMA specifies the actual live weight value of a statutory fishing right for a season, all holders of statutory fishing rights are taken to have been notified of that value on the day the notice is published.

      21.2   When, in a notice published under paragraph 18.3 (b), AFMA specifies the interim live weight value of a statutory fishing right for a season, all holders of statutory fishing rights are taken to have been notified of that value on the day the notice is published.

      21.3   When, in a notice published under paragraph 19.3 (b), AFMA specifies a provisional live weight value of a statutory fishing right for a season, all holders of statutory fishing rights are taken to have been notified of that value on the day that notice is published.

      21.4   In addition to the notices referred to in subclauses 21.1, 21.2 and 21.3, AFMA may send further notices to all holders of statutory fishing rights that specify:

                (a)    the actual, interim or provisional live weight value of a statutory fishing right for the season; and

               (b)    the number of fishing rights held by the holder being notified.

22            Circumstances in which overcatching does not breach this plan

      22.1   The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:

                (a)    the Southern Bluefin Tuna was taken while an interim live weight value was in effect in relation to the season; and

               (b)    the amount taken does not exceed the interim live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.

      22.2   The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:

                (a)    the Southern Bluefin Tuna was taken while a provisional live weight value was in effect in relation to the season; and

               (b)    the amount taken does not exceed the provisional live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.

      22.3   The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:

                (a)    the Southern Bluefin Tuna was taken while an earlier actual live weight value was in effect in relation to the season; and

               (b)    the amount taken does not exceed the earlier actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.

      22.4   The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the provisional live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:

                (a)    the Southern Bluefin Tuna was taken while an interim live weight value was in effect in relation to the season; and

               (b)    the amount taken does not exceed the interim live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.

23            Signed extracts of the Register

      23.1   If AFMA alters the Register to indicate:

                (a)    that a fishing right has been transferred or leased; or

               (b)    that a boat is, or is no longer, a nominated boat in relation to a fishing right; or

                (c)    that the conditions of a fishing right have changed;

                AFMA must, within 14 days after the Register is so altered, provide the holder of the fishing right with a signed extract of the Register that includes the details described in subclause 23.2.

      23.2   For the purposes of subclause 23.1, the details are:

                (a)    the conditions of the fishing right; and

               (b)    the identity of any boat that is a nominated boat in respect of the fishing right; and

                (c)    the number of fishing rights in respect of which a boat referred to in paragraph (b) is a nominated boat.

24            Obligations of the holder of a statutory fishing right — section 22 of the Act

      24.1   If the holder of a statutory fishing right is fishing for Southern Bluefin Tuna in an area, or by a fishing method, that is included in another plan of management determined under section 17 of the Act, the holder must comply with that plan.

      24.2   If the holder of a statutory fishing right is using a boat in the SBT Fishery, the holder must carry on board the boat a signed extract from the Register that includes:

                (a)    the conditions of the fishing right; and

               (b)    the identity of any boat that is a nominated boat in respect of the fishing right; and

                (c)    the number of fishing rights in respect of which a boat referred to in paragraph (b) is a nominated boat.

      24.3   If the holder of a statutory fishing right intends to use a boat (being a nominated boat in relation to the fishing right) during a trip as a charter boat, the holder must give written notice of that intention to AFMA before the trip commences.

      24.4   If, during a trip, Southern Bluefin Tuna is taken under a fishing right by the holder of the fishing right, the holder must not use a boat (being a boat that was used to take the Southern Bluefin Tuna) as a charter boat during the trip.

      24.5   If the holder of a statutory fishing right is required by AFMA to provide to AFMA:

                (a)    biological, economic and technical data available to the holder; or

               (b)    a biological sample available to the holder;

                the holder must provide that data or that sample.

      24.6   If the holder of a statutory fishing right is using a boat in the SBT Fishery, unless the holder has a reasonable excuse, at the request of AFMA the holder must allow persons nominated by AFMA to be carried on board the boat.

      24.7   If the holder of a statutory fishing right:

                (a)    takes Southern Bluefin Tuna using a boat; and

               (b)    unloads the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment);

                the holder must:

                (c)    obtain a written statement from the first person who receives the Southern Bluefin Tuna after it has been unloaded that indicates:

                          (i)    the weight of the Southern Bluefin Tuna; and

                         (ii)    whether the Southern Bluefin Tuna was whole or processed; and

                         (iii)    if the Southern Bluefin Tuna was processed — the processed form of the Tuna; and

               (d)    provide the statement to AFMA on the same day on which the unloading of the Southern Bluefin Tuna is completed.

      24.8   If the Register contains an entry to the effect that a person has acquired an interest in a fishing right for a season or part of a season for the purpose of taking Southern Bluefin Tuna in the season in accordance with a Southern Bluefin Tuna research program, the holder of the fishing right must not take Southern Bluefin Tuna in the SBT fishery area in the season under the fishing right.

      24.9   Before the holder of a statutory fishing right takes an Australian boat that is a nominated boat in respect of the fishing right into the high seas fishing zone to fish for Southern Bluefin Tuna during a season, the holder must:

                (a)    give notice to AFMA in the form approved by AFMA of the holder’s intention to take the boat into the high seas fishing zone to fish for Southern Bluefin Tuna; and

               (b)    receive from AFMA written notice of:

                          (i)    further conditions to which the fishing right is subject as a consequence of the intention referred to in paragraph (a); or

                         (ii)    the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder’s intention referred to in paragraph (a).

    24.10   The holder of a statutory fishing right:

                (a)    must not use a driftnet in the SBT Fishery; and

               (b)    must not:

                          (i)    sell (otherwise than by transhipment); or

                         (ii)    otherwise dispose of (otherwise than by transhipment);

                        Southern Bluefin Tuna taken by the holder and retained for purposes of trade or business to a person in Australia unless the person is a holder of a fish receiver permit in relation to the SBT Fishery; and

                (c)    must not tranship Southern Bluefin Tuna that is not alive to a boat unless the transhipment occurs under the supervision of an officer who is:

                          (i)    appointed under subsection 83 (1) of the Act; and

                         (ii)    directed by AFMA to carry out the supervision; and

               (d)    must not tranship Southern Bluefin Tuna to a boat unless the boat is being used by a person who is, or is acting on behalf of, the holder of a fishing permit or foreign fishing licence for the SBT Fishery that authorises receipt of the transhipped Tuna on that boat; and

                (e)    must not use an Australian boat to fish for Southern Bluefin Tuna in the high seas fishing zone in a season unless, at the commencement of the fishing, the boat is a nominated boat in respect of a number of statutory fishing rights that have a total live weight value that is at least 5000 kilograms greater than the weight of whole Southern Bluefin Tuna taken under the fishing rights in the season.

    24.11   The holder of a statutory fishing right must comply with:

                (a)    the Fisheries Management Regulations and the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations; and

               (b)    all conditions to which the statutory fishing right is subject; and

                (c)    this plan; and

               (d)    the Regulations under the Fishing Levy Act 1991 about the payment of levies; and

                (e)    any relevant direction under clause 27.

[Notes   

1.       It is a condition of a fishing right that the holder keeps a log book in accordance with the Fisheries Management Regulations — see paragraph 22 (3) (a) of the Act, paragraph 24.11 (a) of this plan and Part 9 of the Regulations. If a holder does not keep a log book in accordance with the Regulations, AFMA may suspend the operation of the fishing right — see subparagraph 38 (1) (b) (i) of the Act.

2.       For the other conditions to which a fishing right is subject, see subsections 22 (4) and (5) of the Act.

3.       The holder of a fishing right should also be aware of the requirements of:

(a)     Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; and

(b)     Regulation 55 of the National Parks and Wildlife Regulations.]

25            Obligations of the holder of a fishing permit — section 32 of the Act

      25.1   If the holder of a fishing permit granted in respect of the SBT Fishery is required by AFMA to provide to AFMA:

                (a)    biological, economic and technical data available to the holder; or

               (b)    a biological sample available to the holder;

                the holder must provide that data or that sample.

      25.2   If the holder of a fishing permit granted in respect of the SBT Fishery is using a boat in the SBT Fishery, unless the holder has a reasonable excuse, at the request of AFMA the holder must allow persons nominated by AFMA to be carried on board the boat.

      25.3   If the holder of a fishing permit granted in respect of the SBT Fishery:

                (a)    takes Southern Bluefin Tuna using a boat; and

               (b)    unloads the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment);

                the holder must:

                (c)    obtain a written statement from the first person who receives the Southern Bluefin Tuna after it has been unloaded that indicates:

                          (i)    the weight of the Southern Bluefin Tuna; and

                         (ii)    whether the Southern Bluefin Tuna was whole or processed; and

                         (iii)    if the Southern Bluefin Tuna was processed — the processed form of the Tuna; and

               (d)    provide the statement to AFMA on the same day on which the unloading of the Southern Bluefin Tuna is completed.

      25.4   The holder of a fishing permit granted in respect of the SBT Fishery:

                (a)    must not, in relation to Southern Bluefin Tuna transhipped to the holder and retained for purposes of trade or business:

                          (i)    sell (otherwise than by transhipment); or

                         (ii)    otherwise dispose of (otherwise than by transhipment);

                        the Southern Bluefin Tuna to a person in Australia unless the person is a holder of a fish receiver permit in relation to the SBT Fishery; and

               (b)    must not receive by transhipment Southern Bluefin Tuna that is not alive unless the transhipment occurs under the supervision of an officer who is:

                          (i)    appointed under subsection 83 (1) of the Act; and

                         (ii)    directed by AFMA to carry out the supervision; and

                (c)    must not receive Southern Bluefin Tuna by way of transhipment from a boat unless the boat:

                          (i)    is an Australian boat; and

                         (ii)    is a nominated boat; and

                         (iii)    is being used by a person who is, or is acting on behalf of, the holder of a statutory fishing right in relation to which the boat is a nominated boat.

      25.5   The holder of a fishing permit granted in respect of the SBT Fishery must comply with:

                (a)    the Fisheries Management Regulations; and

               (b)    the Regulations under the Fishing Levy Act 1991 about the payment of levies; and

                (c)    this plan; and

               (d)    any conditions to which the fishing permit is subject; and

                (e)    any relevant directions under clause 27.

[Note   The holder of a fishing permit should also be aware of the requirements of:

(a)     Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; and

(b)     Regulation 55 of the National Parks and Wildlife Regulations.]

26            Obligations of the holder of a foreign fishing licence — section 34 of the Act

      26.1   If the holder of a foreign fishing licence granted in respect of the SBT Fishery is required by AFMA to provide to AFMA:

                (a)    biological, economic and technical data available to the holder; or

               (b)    a biological sample available to the holder;

                the holder must provide that data or that sample.

      26.2   If the holder of a foreign fishing licence granted in respect of the SBT Fishery is using a boat in the SBT Fishery, unless the holder has a reasonable excuse, at the request of AFMA the holder must allow persons nominated by AFMA to be carried on board the boat.

      26.3   The holder of a foreign fishing licence granted in respect of the SBT Fishery:

                (a)    must not receive by transhipment Southern Bluefin Tuna unless the transhipment occurs under the supervision of an officer who is:

                          (i)    appointed under subsection 83 (1) of the Act; and

                         (ii)    directed by AFMA to carry out the supervision; and

               (b)    must not receive Southern Bluefin Tuna by way of transhipment from a boat unless the boat:

                          (i)    is an Australian boat; and

                         (ii)    is a nominated boat; and

                         (iii)    is being used by a person who is, or is acting on behalf of, the holder of a statutory fishing right in relation to which the boat is a nominated boat.

      26.4   The holder of a foreign fishing licence granted in respect of the SBT Fishery must comply with:

                (a)    the Fisheries Management Regulations; and

               (b)    this plan; and

                (c)    any conditions to which the foreign fishing licence is subject; and

               (d)    any relevant directions under clause 27; and

                (e)    if the foreign fishing licence is granted pursuant to an agreement referred to in section 35 of the Act — that agreement.

[Note   The holder of a foreign fishing licence should also be aware of the requirements of:

(a)     Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; and

(b)     Regulation 55 of the National Parks and Wildlife Regulations.]

27            Directions by AFMA — subsection 17 (5A) of the Act and paragraph 5 (e)

      27.1   AFMA may direct that fishing is not to be engaged in the SBT Fishery, or a particular part of the SBT Fishery, during a particular period or periods.

[Note   Subsection 17 (5B) of the Act provides that a direction under paragraph 17 (5A) (a) of the Act “in relation to a part of the fishery may identify the part concerned in any way or ways, including by reference to a particular area, a particular species or type of fish, a particular kind or quantity of fishing equipment, a particular method of fishing, or any combination of the above.”.]

      27.2   Before AFMA issues a direction, it must consult the Southern Bluefin Tuna Management Advisory Committee about the content of the direction unless the direction is issued in circumstances of emergency.

      27.3   AFMA must notify each holder of a fishing concession for the SBT Fishery of the content of a direction at least 7 days before the direction takes effect unless the direction is issued in circumstances of emergency.

      27.4   The holder of a fishing concession for the SBT Fishery is obliged to comply with a direction issued under this clause.

[Note   The holder of a statutory fishing right or a fishing permit must comply with obligations imposed under paragraph 17 (6) (g) of the Act: see sections 22 and 95 of the Act.]

28            Transfer of a statutory fishing right

      28.1   The owner of a statutory fishing right may apply to AFMA to transfer the fishing right to another person.

      28.2   An application must be in the form approved by AFMA and be accompanied by the certificate.

      28.3   AFMA must not approve a transfer of a statutory fishing right:

                (a)    if AFMA has not determined each application for registration of an interest in the fishing right received by AFMA before the application for transfer; or

               (b)    if AFMA has not obtained the written consent to the transfer of each person registered as having an interest in the fishing right; or

                (c)    if AFMA:

                          (i)    may suspend the operation of the fishing right on a ground set out in subsection 38 (1) or (3) of the Act; and

                         (ii)    has not decided not to do so; or

               (d)    if under subsection 38 (1) or (3) of the Act AFMA has suspended the operation of the fishing right; or

                (e)    if AFMA:

                          (i)    may cancel the fishing right on a ground set out in section 39 of the Act AFMA; and

                         (ii)    has not decided not to do so.

      28.4   If the application complies with this plan, the Act and any conditions to which the grant of the statutory fishing right is subject, AFMA must:

                (a)    cancel the owner’s registration; and

               (b)    register the transferee as the owner of the fishing right; and

                (c)    make a note on the certificate that the fishing right has been transferred to the transferee; and

               (d)    give the certificate to the transferee.

[Notes   

1.       A statutory fishing right may be suspended, cancelled or surrendered — see sections 38 and 39 and subsection 22 (6) of the Act, respectively.

2.       Paragraph 22 (4) (a) of the Act provides that transferability of a statutory fishing right is subject to conditions specified in the original certificate.]

29            Expiry of a statutory fishing right

                A statutory fishing right expires if it is:

                (a)    surrendered under subsection 22 (6) of the Act; or

               (b)    cancelled by AFMA under section 39 of the Act.

Part 3                 Miscellaneous

30            Certificates

                Before a certificate evidencing the grant of a statutory fishing right is amended or a replacement certificate is issued:

                (a)    the superseded certificate must be surrendered to AFMA; or

               (b)    if the certificate has been given to AFMA under subclause 28.2 — a statement to that effect must be made to AFMA; or

                (c)    if the certificate is not available — the holder of the fishing right must give AFMA a written reason why the certificate is unavailable and an undertaking, signed by the holder, to the effect that the holder will surrender the certificate to AFMA if it becomes available.

31            Delegation

                AFMA may, by writing under its common seal, delegate any of its powers and functions under this plan (except its powers under clause 27) to an officer of AFMA.

[Note   for delegation of powers under clause 27, see subsection 17 (11) of the Act.]

32            Reconsideration of decisions by AFMA and Administrative Appeals Tribunal

                The provisions of section 165 of the Act apply to a decision:

                (a)    under subclause 14.2 that a person has not demonstrated to the satisfaction of AFMA that there are exceptional extenuating circumstances that caused an application to be made after the period referred to in paragraph 14.1 (a); and

               (b)    under subclause 15.5 that a person has not demonstrated to the satisfaction of AFMA that there are extenuating circumstances that caused an application to be made after the period referred to in paragraph 15.3 (b); and

                (c)    under subclause 28.4 that an applicant has not complied with this plan, the Act and any conditions to which the grant of a fishing right is subject;

                as if the decision were a relevant decision within the meaning of that section.

33            Leasing arrangements

      33.1   If the holder of a statutory fishing right leases the statutory fishing right, the holder must inform AFMA, in writing, accordingly.

      33.2   For the purposes of subparagraph 17 (6C) (c) (i) of the Act, a person who is the lessee of a statutory fishing right is obliged to hold (by lease or otherwise) not fewer than the number of statutory fishing rights that have a total live weight value of 500 kilograms.

34            Agents

      34.1   A person who is the holder or owner of a statutory fishing right may give AFMA notice in writing of the appointment of an agent of the person for the purpose of the exercise of powers specified in the notification.

      34.2   Notice given under this clause must be accompanied by the instrument, or a certified copy of the instrument, by which the person appointed the agent.

      34.3   AFMA is entitled to rely on a notice given under this clause for the purposes of making a decision about an application made or lodged by an agent and is under no duty to verify by other means the authority of the agent to make the application.

35            Notice in writing

      35.1   A notice required or permitted by this plan to be given in writing to a holder of a statutory fishing right:

                (a)    must be delivered to the residential or office address, or posted to the postal address, shown for the holder in the Register; and

               (b)    is taken to be received by the holder on delivery at that address, or at 5.00 p.m. on the fifth working day after the day of posting, whichever first occurs.

      35.2   A notice required or permitted by this plan to be given in writing to a holder of a fishing permit or foreign fishing licence:

                (a)    must be delivered to the residential or office address, or posted to the postal address, shown for the holder in the last written notice of address received by AFMA from the holder; and

               (b)    is taken to be received by the holder on delivery at that address, or at 5.00 p.m. on the fifth working day after the day of posting, whichever first occurs.

      35.3   A notice required or permitted by this plan to be given in writing to AFMA must be addressed to the Managing Director of AFMA, and:

                (a)    delivered to the reception desk at:

The Burns Centre,

28 National Circuit,

Forrest,

Australian Capital Territory; or

               (b)    posted to:

PO Box 7051,

Canberra Mail Centre,

ACT 2610; or

                (c)    delivered or posted to any other office or postal address notified by the Managing Director of AFMA, by notice published in a newspaper circulating in the State or Territory in which the address is located.

36            Notification by fax

      36.1   In spite of subclause 35.1, if the Register includes a fax number for a holder of a statutory fishing right, a notice required or permitted by this plan to be given in writing to the holder may be faxed to the number.

      36.2   In spite of subclause 35.2, if the last written notice of address received by AFMA from the holder of a fishing permit or foreign fishing licence includes a fax number for the holder, a notice required or permitted by this plan to be given in writing to the holder may be faxed to the number.

      36.3   A notice required or permitted by this determination to be given in writing to AFMA may be faxed to (06) 272 4614 or any other fax number notified by the Managing Director of AFMA, by notice published in a newspaper circulating nationally.

      36.4   A fax is taken to have been received:

                (a)    if it was transmitted between 9.00 a.m. and 4.00 p.m. on any working day — 1 hour after the time of transmission; and

               (b)    if it was transmitted after 4.00 p.m. on any working day but before 9.00 a.m. on the next working day — at 9.00 a.m. on the next working day.

Part 4                 Transitional provisions

37            Transitional provisions

      37.1   The actual live weight value of a statutory fishing right for the season commencing on 1 November 1994 is 0.98883 kilograms.

      37.2   For the purposes of subclauses 17.5 and 17.6, Australia’s national catch allocation for the season commencing on 1 November 1994 is taken to be 5,265,000 kilograms.

      37.3   Southern Bluefin Tuna taken by the holder of statutory fishing rights:

                (a)    after 31 October 1994 but before 3 February 1995; and

               (b)    in accordance with the former plan;

                are regarded as having been taken:

                (c)    under those fishing rights; and

               (d)    in accordance with this plan.


Notes to the Southern Bluefin Tuna Fishery Management Plan 1995

Note 1

The Southern Bluefin Tuna Fishery Management Plan 1995 (in force under subsection 17 (1) of the Fisheries Management Act 1991) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Southern Bluefin Tuna Fishery Management Plan 1995

3 Feb 1995
(see Gazette 1995, No. S34)

3 Feb 1995

 

Southern Bluefin Tuna Fishery Management Plan 1995 (Amendment No. 1 of 1995)

7 Dec 1995
(see Gazette 1995, No. S471)

7 Dec 1995

Southern Bluefin Tuna Fishery Management Plan 1995 (Amendment No. 1 of 1996)

13 Dec 1996
(see Gazette 1996, No. S485)

13 Dec 1996

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 17........................................

am. 1996 No. 1

S. 18

am. 1995 No. 1