Federal Register of Legislation - Australian Government

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Plans/Management of Sites & Species as made
This Plan amends the Eastern Tuna and Billfish Fishery Management Plan 2005.
Administered by: Agriculture, Fisheries and Forestry
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 20
Registered 10 May 2007
Tabling HistoryDate
Tabled HR21-May-2007
Tabled Senate12-Jun-2007
Date of repeal 22 Jan 2011
Repealed by Eastern Tuna and Billfish Fishery Management Plan 2005 - Revocation

Eastern Tuna and Billfish Fishery Management Plan Amendment 2007 (No. 1)

Fisheries Management Act 1991

The Australian Fisheries Management Authority determines this amendment of the Eastern Tuna and Billfish Fishery Management Plan 2005 under section 20 of the Fisheries Management Act 1991.

Dated 19 April 2007

 

 

NICK RAYNS

Common seal of the Australian Fisheries Management Authority

 

Accepted on 7 May 2007

ERIC ABETZ

Minister for Fisheries, Forestry and Conservation


  

  

1              Name of Management Plan Amendment

                This Management Plan Amendment is the Eastern Tuna and Billfish Fishery Management Plan Amendment 2007 (No. 1).

2              Commencement

                This Management Plan Amendment commences on the day after it is registered.

3              Amendment of Eastern Tuna and Billfish Fishery Management Plan 2005

                Schedule 1 amends the Eastern Tuna and Billfish Fishery Management Plan 2005.


Schedule 1        Amendments

(section 3)

  

[1]           Section 3, definition of Coral Sea zone, at the foot

insert

Note   The Coral Sea zone is the area described in Part 3, Division 2, clause 9 of Schedule 1A to the Fisheries Management Regulations 1992 as ‘Sub‑area 9 (Cairns/Townsville restricted (pelagic longline))’.

[2]           Section 3, definition of ETBF Regulations

omit

2005.

insert

2007.

[3]           Section 3, after definition of nominated boat

insert

notice period means the period, mentioned in paragraph 25 (f) of the Act, that is specified by AFMA in a notice published in relation to the fishery under section 24 of the Act.

[4]           Section 3, after definition of observer

insert

old Coral Sea zone permit means a fishing permit, or another instrument issued under a law of the Commonwealth, that, before the end of the notice period, authorised the holder to engage in pelagic longline fishing in the Coral Sea zone.

[5]           Section 3, definitions of old longline permit and old minor line permit

substitute

old longline permit:

                (a)    means a fishing permit, or another instrument issued under a law of the Commonwealth, that, before the end of the notice period, authorised the holder to engage in pelagic longline fishing in the fishery; and

               (b)    does not include an old Coral Sea zone permit.

old minor line permit means a fishing permit, or another instrument issued under a law of the Commonwealth, that, before the end of the notice period, authorised the holder to engage in minor line fishing in the fishery.

[6]           Section 3, after definition of reference point

insert

relevant period means the period between 1 January 1992 and 22 December 1996 (inclusive).

[7]           Section 3, after definition of secondary species

insert

sequence has the meaning given by section 4A.

[8]           After section 4

insert

4A           Sequence of permits

         (1)   In this Management Plan, a sequence of old longline permits means a number of old longline permits:

                (a)    each of which is connected to another old longline permit; and

               (b)    the earliest of which was in force during the relevant period and the latest of which was in force at the end of the notice period.

         (2)   In this Management Plan, a sequence of old minor line permits means a number of old minor line permits:

                (a)    each of which is connected to another old minor line permit; and

               (b)    the earliest of which was in force during the relevant period and the latest of which was in force at the end of the notice period.

         (3)   In this Management Plan, a sequence of old Coral Sea zone permits means a number of old Coral Sea zone permits:

                (a)    each of which is connected to another old Coral Sea zone permit; and

               (b)    the earliest of which was in force during the relevant period and the latest of which was in force at the end of the notice period.

         (4)   For subsections (1), (2) and (3), 2 permits are connected if:

                (a)    each permit entitled the holder to fish in the same area of the fishery using the same fishing method; and

               (b)    1 permit commenced after the other ceased to have effect; and

                (c)    the later permit was granted to the person who:

                          (i)    was the holder of the earlier permit when it ceased to have effect; and

                         (ii)    applied to AFMA for the grant; and

               (d)    the later permit was granted because the person held the earlier permit.

Note   There is no sequence of permits if a person held a permit but surrendered or failed to renew it, even if the person was later granted a permit to fish in the same area of the fishery using the same fishing method.

[9]           Section 25

substitute

25            Registration as an eligible person — longline SFRs (Act s 26)

         (1)   A person is eligible for the grant of 1 or more longline SFRs if:

                (a)    on 30 November 2002, the person held an old longline permit; and

               (b)    the permit forms part of a sequence of old longline permits; and

                (c)    before the end of the notice period, the person applied, under section 26 of the Act, for registration as an eligible person for a grant of the SFRs.

Note   For the meaning of sequence, see section 4A.

         (2)   A person who is not eligible under subsection (1) is eligible for the grant of 1 or more longline SFRs if:

                (a)    the person used an Australian boat to engage in pelagic longline fishing in the high seas zone between 1 January 1992 and 10 December 2001 (inclusive); and

               (b)    the person did not engage in pelagic longline fishing in the AFZ (other than by the carrying of fish taken in the high seas zone) during the period mentioned in paragraph (a); and

                (c)    the person submits evidence of the fishing mentioned in paragraph (a) to AFMA; and

               (d)    before the end of the notice period, the person applied, under section 26 of the Act, for registration as an eligible person for a grant of the SFRs.

[10]         Section 26, not including the notes

substitute

26            Registration as an eligible person — minor line SFRs (Act s 26)

         (1)   A person is eligible for the grant of 1 or more minor line SFRs if:

                (a)    on 30 November 2002, the person held an old minor line permit; and

               (b)    the permit forms part of a sequence of old minor line permits; and

                (c)    before the end of the notice period, the person applied, under section 26 of the Act, for registration as an eligible person for a grant of the SFRs.

Note   For the meaning of sequence, see section 4A.

         (2)   A person who is not eligible under subsection (1) is eligible for the grant of 1 minor line SFR if:

                (a)    the person used an Australian boat to engage in commercial minor line fishing in the high seas zone between 1 January 1992 and 10 December 2001 (inclusive); and

               (b)    the person did not engage in commercial minor line fishing in the AFZ (other than by the carrying of fish taken in the high seas zone) during the period mentioned in paragraph (a); and

                (c)    the person submits evidence of the fishing mentioned in paragraph (a) to AFMA; and

               (d)    before the end of the notice period, the person applied, under section 26 of the Act, for registration as an eligible person for a grant of the SFRs.

[11]         Sections 29, 30 and 31

substitute

29            Definitions for Division 4.5

                In this Division:

activity level, of a sequence of old longline permits, means the activity level of the sequence under section 30.

category, of an old longline permit or permit package, has the meaning given in section 31.

high‑seas‑only fisher means a person who is eligible for the grant of a longline SFR only under subsection 25 (2).

permit package means:

                (a)    an old longline permit that forms part of a sequence of old longline permits; and

               (b)    an old Coral Sea zone permit that forms part of a sequence of old Coral Sea zone permits;

if each permit, on 30 November 2002:

                (c)    was held by the same eligible person; and

               (d)    authorised the use of the same boat.

30            Activity level of sequence of old longline permits

         (1)   For this Division, and subject to subsections (2) and (3), the activity level of a sequence of old longline permits is:

                (a)    high level active, if an average of at least 250 000 hooks per year were set in the fishery under the sequence during the relevant period; and

               (b)    active, if the sequence is not a high level active sequence and either:

                          (i)    during the relevant period, a permit that forms part of the sequence applied to areas of the fishery described in item 17, 18, 19, 20 or 21 of the table in section 32, and entitled the holder to take an unlimited amount of yellowfin tuna or bigeye tuna; or

                         (ii)    the sum of the weights of:

                                   (A)     whole fish taken under the sequence during the relevant period; and

                                   (B)     whole southern bluefin tuna (that is, fish of the species Thunnus maccoyii (Castelnau) or Thunnus thynnus) lawfully taken, using a pelagic longline fishing method, under the sequence during the relevant period;

                                 was 30 tonnes or more; and

                (c)    inactive in any other case.

         (2)   For paragraph (1) (a) and subparagraph (1) (b) (ii), the calculation of the number of hooks and the weight of fish, respectively, must be made from the logbook records, held by AFMA, that are kept by each holder of a permit that forms part of the sequence.

         (3)   For subparagraph (1) (b) (ii), if a person:

                (a)    is eligible, under subsection 25 (1), for the grant of 1 or more longline SFRs; and

               (b)    held a permit package on 30 November 2002;

the sum of the weights for that subparagraph is increased by the sum of the weights of fish taken during the relevant period under the sequence of old Coral Sea zone permits that forms part of the permit package.

         (4)   However, if a sequence of old longline permits would be an inactive sequence under subsection (1) because:

                (a)    during the relevant period, a holder of a permit that forms part of the sequence of old longline permits, or part of a sequence of old Coral Sea zone permits, suffered a serious misfortune that:

                          (i)    affected the holder for more than 3 months; and

                         (ii)    prevented the holder from both fishing in any fishery and arranging another way for fishing to be carried out under the permit or permits; or

               (b)    the holder’s logbook records, that are held by AFMA and relate to the relevant period, are incomplete; or

                (c)    during the relevant period, AFMA made an administrative error relating to a permit that forms part of either of those sequences;

AFMA may, in giving an activity level to the sequence of old longline permits, take into account any evidence submitted by the eligible person that shows the weight of fish:

               (d)    that the holder of a permit would have taken but for the serious misfortune or administrative error; or

                (e)    actually taken by the holder.

         (5)   For this section:

serious misfortune, for the holder of a permit that forms part of a sequence of old longline permits or old Coral Sea zone permits, includes:

                (a)    the loss of, or serious damage to, the boat that was nominated for the permit; or

               (b)    a serious illness suffered by, or injury to, the holder.

31            Category of old longline permit or permit package

         (1)   The category of:

                (a)    an old longline permit that was held by an eligible person on 30 November 2002 and forms part of a sequence of old longline permits; or

               (b)    a permit package;

is the description of the permit or package in the first‑occurring item in the table in section 32 that applies to the permit or package.

         (2)   The description of the permit or package consists of:

                (a)    the area of the fishery to which the permit or package applied, set out in column 2 of the item in the table in section 32; and

               (b)    the activity level of the sequence of old longline permits (whether or not they are part of a permit package) set out in column 3 of the item in the table in section 32.

         (3)   Each category is identified by the item number specified in column 1 of the item of the table in section 32 that is adjacent to the columns mentioned in subsection (2).

[12]         Subsection 32 (2)

substitute

         (2)   If a person is eligible under subsection 25 (1), the number of longline SFRs available to the person is, for each old longline permit held by the person on 30 November 2002 that forms part of a sequence of old longline permits but is not part of a permit package:

where:

relative price factor, for a category of old longline permit held by a person, is the factor set out in column 4 of the item of the table in this section that corresponds to the category of the permit.

total allocation units is the sum of:

                (a)    the total number of old longline permits of each category (other than permits that are part of a permit package) multiplied by the relative price factor for that category; and

               (b)    the total number of permit packages of each category multiplied by the relative price factor for that category; and

                (c)    the high seas factor for each high‑seas‑only fisher, calculated under subsection (4).

      (2A)   If a person is eligible under subsection 25 (1), the number of longline SFRs available to the person is, for each permit package held by the person on 30 November 2002:

where:

relative price factor, for a category of permit package held by a person, is the factor set out in column 4 of the item of the table in this section that corresponds to the category of the package.

total allocation units has the same meaning as in subsection (2).

[13]         Subsection 32 (4), definitions of A and P

substitute

A is the sum of:

                (a)    the total number of old longline permits of category 3 and categories 7 to 11 multiplied by the relative price factor for the category; and

               (b)    the total number of permit packages of categories 2, 4, 5 and 6 multiplied by the relative price factor for the category.

P is the sum of:

                (a)    the total number of old longline permits of category 3 and categories 7 to 11; and

               (b)    the total number of permit packages of categories 2, 4, 5, and 6.

[14]         Section 32, table, rows 1 and 2

substitute

 

Category of old longline permit or permit package

 


Item


Area of fishery to which old longline permit or permit package applied


Activity level of sequence of old longline permits


Relative price factor

[15]         Section 32, at the foot

insert

Note   The area described as ‘Cairns/Townsville Restricted (‘Area E’)’ in items 2, 4, 5 and 6 of the table is that area described in Part 3, Division 2, clause 9 of Schedule 1A to the Fisheries Management Regulations 1992 as ‘Sub‑area 9 (Cairns/Townsville restricted (pelagic longline))’, and is defined in this Management Plan as the Coral Sea zone: see section 3.

[16]         Paragraph 33 (b)

omit

subsection 26 (3)

insert

subsection 26 (2)

[17]         Section 37

substitute

37            Boat permits (Act s 32)

         (1)   As soon as practicable after the day when the first SFR comes into effect, AFMA must grant 1 fishing permit (a boat permit) to a person for each old longline permit held by the person on 30 November 2002 if the permit forms part of a sequence of old longline permits.

         (2)   A boat permit issued under subsection (1):

                (a)    must authorise the use of a specified boat in the fishery; and

               (b)    remains in force for the period of 3 years from the date of the grant.

[18]         Paragraphs 38 (1) (b) and (c)

substitute

               (b)    on 30 November 2002 the person was the holder of an old Coral Sea zone permit that forms part of a sequence of old Coral Sea zone permits;