This Management Plan is the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

This Management Plan commences on gazettal.

Note See subsections 19 (1) and (2) of the Act and section 48 of the Acts Interpretation Act 1901.

In this Management Plan:

Act means the Fisheries Management Act 1991.

acting for a person means acting with the consent of, and on behalf of, the person.

adjacent area, in relation to a State, has the meaning given by the Petroleum (Submerged Lands) Act 1967 in relation to that State.

agent, of the holder of a statutory fishing right, means:

(a) a person responsible for the affairs and property of the holder under a law of the Commonwealth, a State or a Territory, including a receiver, liquidator, trustee or guardian of the holder, or executor or administrator of the holder’s estate; or

(b) a person appointed as the holder’s agent under section 59.

approved form means the form approved by AFMA for the section in which the term is used.

area of the fishery means the area described in Part 1 of Schedule 1.

boat statutory fishing right means a statutory fishing right that allows the holder of the right to use a nominated boat to fish in an area using the method specified in the certificate of grant.

by‑catch means marine life that is:

(a) taken during fishing in the fishery and returned to the sea for any reason; or

(b) affected by fishing equipment in the fishery but not taken.

certificate of grant, for a statutory fishing right, means a certificate given under subsection 22 (2) of the Act as evidence of the grant of the statutory fishing right.

cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea.

Class A fishing permit means a fishing permit granted under section 32 of the Act that is classified by AFMA as a Class A fishing permit.

Commonwealth GAB Trawl Sector means the area described in clause 3 of Part 2 of Schedule 1.

Commonwealth Gillnet Sector means the area described in clause 1 of Part 2 of Schedule 1.

Commonwealth Scalefish Hook Sector means the area described in clause 2 of Part 2 of Schedule 1.

Commonwealth Shark Hook Sector means the area described in clause 1 of Part 2 of Schedule 1.

Commonwealth Trawl Sector means the area described in clause 4 of Part 2 of Schedule 1.

discards means any part of a catch that is returned to the sea, whether dead or alive.

East Coast Deepwater Trawl Sector means the area described in clause 5 of Part 2 of Schedule 1.

eligible person means a person who is registered as an eligible person for the grant of a statutory fishing right under section 26 of the Act.

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.

fish receiver permit means a fish receiver permit that authorises the holder of the permit to receive fish from a person engaged in commercial fishing in the fishery.

Note See section 91 of the Act about the grant of fish receiver permits.

fishery means the Southern and Eastern Scalefish and Shark Fishery.

fishery assessment group means a group, established by AFMA, to give advice in relation to:

(a) the stock status, research needs, environment and economics of the fishery; and

(b) any other matter related to the fishery.

fishery observer means a person who is authorised by AFMA to carry out the functions of a fishery observer under this Management Plan.

fishing concession means a statutory fishing right or a fishing permit for the fishery.

fishing year means a calendar year.

GAB Albany zone means the area described in clause 11 of Part 3 of Schedule 1.

GAB eastern zone means the area described in clause 10 of Part 3 of Schedule 1.

GAB Esperance zone means the area described in clause 12 of Part 3 of Schedule 1.

GAB Trawl boat statutory fishing right means a boat statutory fishing right that authorises fishing by trawling methods in the Commonwealth GAB Trawl Sector.

gemfish (eastern) means gemfish from the gemfish eastern zone of the fishery.

gemfish (western) means gemfish from the gemfish western zone of the fishery.

gemfish eastern zone means the area described in clause 1 of Part 3 of Schedule 1.

gemfish western zone means the area described in clause 2 of Part 3 of Schedule 1.

gillnet boat statutory fishing right means a boat statutory fishing right that authorises fishing by gillnet methods in the Commonwealth Gillnet Sector.

gillnet methods means the use of a demersal gillnet.

Gillnet, Hook and Trap Fishery has the meaning given by regulation 4B of the Fisheries Management Regulations 1992, as in force immediately before the commencement of this Management Plan.

Great Australian Bight Trawl Fishery has the same meaning as it had in the Great Australian Bight Trawl Fishery Management Plan, determined on 10 May 1993, as in force immediately before the commencement of this Management Plan.

holder, at a particular time, means:

(a) in relation to a statutory fishing right — the person who holds the right at that time because:

(i) the person is the owner of the right and has not leased the right to another person under section 35; or

(ii) the person has, under section 35, leased the right from another person, and has not further leased the right under section 35; and

(b) in relation to a fishing permit:

(i) the person who is granted the permit under section 32 of the Act or under Part 6 of this Management Plan; or

(ii) if the permit has been transferred under subsection 32 (10) of the Act, the most recent transferee of the permit.

hook methods means the use of any of the following kinds of fishing gear:

(a) demersal longlines;

(b) droplines;

(d) handlines.

identification code, for a boat, means the identification code allocated by AFMA to the boat under regulation 12 of the Fisheries Management Regulations 1992.

interested person, in relation to a determination made, or a direction given, under this Management Plan, means:

(a) a person who can demonstrate, to the satisfaction of AFMA, an ongoing involvement in the fishery that is likely to be affected by the determination or direction; or

(b) an organisation or association (whether incorporated or not) the objects or purposes of which include, or the activities of which largely relate to, the fishery.

lease means a lease mentioned in section 35.

listed marine species means a species that is included in a list published under section 248 of the EPBC Act.

listed migratory species means a species that is included in a list published under section 209 of the EPBC Act.

listed threatened ecological community means a community that is included in a list published under section 181 of the EPBC Act.

listed threatened species means a species that is included in a list published under section 178 of the EPBC Act.

management advisory committee means a management advisory committee established under section 54 of the Fisheries Administration Act 1991.

nominated boat means:

(a) for a statutory fishing right — a boat the details of which are entered in the Register, under section 45 of the Act, as the nominated boat for the purposes of the statutory fishing right; or

(b) for a fishing permit — a boat the use of which is authorised by the permit under subsection 32 (1A) or (1B) of the Act.

non‑quota species means a species of fish not specified in Schedule 2.

North‑eastern remote zone means the area described in clause 3 of Part 3 of Schedule 1.

orange roughy (Cascade Plateau) means orange roughy from the orange roughy Cascade Plateau zone of the fishery.

orange roughy (eastern) means orange roughy from the orange roughy eastern zone of the fishery.

orange roughy (GAB Albany and Esperance) means orange roughy taken from the GAB Albany zone or the GAB Esperance zone.

orange roughy (southern) means orange roughy from the orange roughy southern zone of the fishery.

orange roughy (western) means orange roughy from the orange roughy western zone of the fishery.

orange roughy Cascade Plateau zone means the area described in clause 4 of Part 3 of Schedule 1.

orange roughy eastern zone means the area described in clause 5 of Part 3 of Schedule 1.

orange roughy southern zone means the area described in clause 6 of Part 3 of Schedule 1.

orange roughy western zone means the area described in clause 7 of Part 3 of Schedule 1.

outer limit of coastal waters means a line 3 nautical miles seawards of the baselines from which the territorial limits of Australia are defined for the purposes of international law.

owner, in relation to a statutory fishing right, means:

(a) the person who is granted the right under section 31 of the Act; or

(b) if the right has been transferred under section 33 of this Management Plan — the most recent transferee of the right under that section.

provisional grant of a statutory fishing right means a grant of a statutory fishing right under subsection 23 (1) of the Act.

quota, for a statutory fishing right, means the amount (by weight) of fish of a particular quota species that may be taken, in a fishing year, under the right.

quota species means a species of fish specified in an item of Schedule 2, and, in relation to gemfish and orange roughy, means the stock of that species within the relevant zone for that species.

quota statutory fishing right means a statutory fishing right that:

(a) is one of a class of identical rights granted under section 31 of the Act in relation to a quota species; and

(b) allows the holder of the right to use a boat nominated for:

(i) the right; and

(ii) a boat statutory fishing right or a fishing permit;

to take, in each fishing year, an amount of fish of that species equal to the quota for the right for that year.

Note For determination of total allowable catch for quota species, see Division 3.1.

scalefish means fish belonging to the Class Osteichthyes (bony fishes), other than the following fish:

(a) fish in the Family Istiophoridae (commonly known as marlins);

(b) fish of the genera Allothunnus, Auxis, Cybiosarda, Euthynnus, Gasterochisma, Gymnosarda, Katsuwonus, Orcynopsis, Sarda or Thunnus in the Family Scombridae (commonly known as tuna and tuna‑like fish);

(c) fish of the genera Acanthocybium, Grammatorcynus, Rastrelliger, Scomberomorus or Scomber in the Family Scombridae and fish of the genera Emmelichthys or Trachurus (commonly known as mackerels).

scalefish hook boat statutory fishing right means a boat statutory fishing right that authorises fishing by hook methods in the Commonwealth Scalefish Hook Sector.

shark means fish belonging to the Class Chondrichthyes (cartilaginous fishes).

shark hook boat statutory fishing right means a boat statutory fishing right that authorises fishing by hook methods in the Commonwealth Shark Hook Sector.

South Australian Coastal Waters Sector means the area described in clause 7 of Part 2 of Schedule 1.

South East Trawl Fishery has the same meaning as it had in the South East Trawl Fishery Management Plan 1998.

South Tasman Rise Zone means the area described in clause 9 of Part 3 of Schedule 1.

Southern and Eastern Scalefish and Shark Fishery means commercial fishing (other than recreational fishing or fishing using a charter boat), for scalefish, shark and other fish (other than fish mentioned in paragraph (a), (b) or (c) of the definition of scalefish), by the fishing methods allowed by fishing concessions granted under this Management Plan and the Act, in the area of the fishery.

southern remote zone means the area described in clause 8 of Part 3 of Schedule 1.

Tasmanian Coastal Waters Sector means the area described in clause 8 of Part 2 of Schedule 1.

Tasmanian Rock Lobster Sector means the area described in clause 6 of Part 2 of Schedule 1.

total allowable catch or TAC means:

(a) for a quota species and fishing year — the total amount (by weight) of fish of that species that may be taken in that year, under all quota statutory fishing rights for that species and year, in accordance with a determination under section 11; and

(b) for a non‑quota species and a period — the total amount (by weight) of fish of that species that may be taken in that period, under all fishing concessions to which the TAC applies, in accordance with a determination under section 15.

trap methods means the use of demersal fish traps.

trawl boat statutory fishing right means a boat statutory fishing right that authorises fishing by trawl methods in the Commonwealth Trawl Sector.

trawl methods means the use of any of the following kinds of fishing gear:

(a) mid‑water trawl gear;

(b) demersal otter trawl gear;

(d) pair trawl gear.

trip means a voyage by boat that:

(a) begins at a place on, or within, the coastline of Australia; and

(b) proceeds to and from, or through, the area to which this Management Plan applies; and

(c) ends (whether or not the boat calls at a place outside Australia) at a place on, or within, the coastline of Australia where fish taken, using the boat, are unloaded.

trunked weight, of a fish of a quota species mentioned in items 21 to 24 of Schedule 2, means the weight of the fish after it has been gutted, and its head removed, but with its fins still attached.

Type N quota statutory fishing right means a quota statutory fishing right, granted to a person described in subsection 27 (1), that authorises the holder of the right to take fish of a quota species specified in the certificate of grant.

Type T quota statutory fishing right means a quota statutory fishing right, granted to a person described in subsection 27 (2), (3), (4), (5) or (5A), that authorises the holder of the right to take fish of a quota species specified in the certificate of grant.

Victorian Coastal Waters Sector means the area described in clause 9 of Part 2 of Schedule 1.

Victorian Inshore Trawl Fishery has the meaning given by regulation 4B of the Fisheries Management Regulations 1992, as in force immediately before the commencement of this Management Plan.

whole weight of a fish means the weight of a whole fish before any processing (except washing, sorting, packing or freezing) has occurred.

zone of the fishery means a zone mentioned in Part 3 of Schedule 1.

Note 1 Unless otherwise stated, a term used in this Management Plan and in the Act has the same meaning in this Management Plan as it has in the Act. The following terms are defined in subsection 4 (1) of the Act:

AFMA
Australian boat
charter boat
coastal waters
fish
fishing
fishing permit
officer
Panel
precautionary principle
processing
Register
scientific permit
statutory fishing right
take.

Note 2 For the purposes of this Management Plan, see section 76 of the Act for the meaning of AFZ.

4 Origin of geographic coordinates

The position of a geographic coordinate mentioned in this Management Plan is to be determined by reference to the Geocentric Datum of Australia (GDA94), as defined in Gazette No. GN 35, 6 September 1995.

5 Objectives (Act s 17 (5))

The objectives of this Management Plan are as follows:

(a) to implement efficient and cost‑effective fisheries management of the fishery on behalf of the Commonwealth;

(b) to ensure that the exploitation of the resources of the fishery and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle and, in particular, the need to have regard to the impact of fishing activities on non‑target species and the long‑term sustainability of the marine environment;

(d) to ensure AFMA’s accountability to the fishing industry and to the Australian community in the management of the resources of the fishery;

(e) to reach Government targets for the recovery of the costs of AFMA in relation to the fishery;

(f) to ensure, through proper conservation and management, that the living resources of the fishery are not endangered by over‑exploitation;

(g) to ensure the best use of the living resources of the fishery;

(h) to ensure that conservation and management measures in the fishery implement Australia’s obligations under international agreements that deal with fish stocks, and other relevant international agreements;

(i) to ensure, as far as practicable, that measures adopted in pursuit of these objectives are not inconsistent with the preservation, conservation and protection of all whale species.

6 Measures by which the objectives are to be attained (Act s 17 (5))

The measures by which the objectives of this Management Plan are to be attained include the following:

(a) monitoring, through a structured program, the impact of fishing on fish species, any other species that are caught as by‑catch, ecologically‑related species and the marine environment, analysing the impacts and implementing any strategies necessary to ensure:

(i) the sustainability of those species and the marine environment; and

(ii) that by‑catch limitations are not exceeded;

(b) periodically checking the accuracy and consistency of information kept in relation to the fishery;

(c) implementing a scheme of entitlements for people to fish in the fishery consisting of boat SFRs, quota SFRs and fishing permits;

(d) determining reference points for maintaining ecologically sustainable stocks of each species taken in the fishery;

(e) determining harvest strategies for quota species that will maintain their numbers above reference points, and setting TACs consistent with these harvest strategies, taking account of information from relevant management advisory committees and fishery assessment groups;

(f) setting TACs, and determining harvest strategies and reference points, for non‑quota species;

(g) developing, implementing and reviewing stock recovery strategies for species identified as being at or below reference points;

(h) ensuring that the fishery assessment group compiles regular fishery assessment reports containing the information mentioned in paragraphs (a), (b), (d), (e), (f) and (g);

(i) developing, in cooperation with stakeholders, a plan to strategically address any high risks identified during ecological risk assessments;

(j) developing, implementing and reviewing a strategic compliance program designed to ensure compliance with the management arrangements for the fishery;

(k) issuing directions prohibiting fishing in the fishery, or part of the fishery, during specified periods, informing the holders of fishing concessions about those directions, and requiring the holders to comply with the directions;

(l) developing and implementing a communication strategy in the fishery (including preparation and dissemination of regular reports regarding the status and management of the fishery) that targets fishers, other stakeholders and the Australian community;

(m) consulting with relevant management advisory committees on the management of the fishery;

(n) developing management arrangements that have regard to relevant international agreements;

(o) preparing an annual budget, in consultation with relevant management advisory committees, of costs associated with managing the fishery, and recommending and collecting levies and fees for the fishery;

(p) implementing long‑term management arrangements that pursue economic efficiency for the fishery;

(q) periodically evaluating whether the range and extent of management services provided by AFMA are consistent with cost‑effective management.

7 Performance criteria against which measures taken may be assessed (Act s 17 (5))

(1) The performance criteria against which the measures taken may be assessed are as follows:

(a) that cost‑effective and high quality research (including independent research) is carried out in relation to the fishery in accordance with a 5 year strategic research plan, the results of which are:

(i) included in the fishery assessment reports that are compiled by the fishery assessment group; and

(ii) taken into consideration in determining the total allowable catch, and other management arrangements, in the fishing year;

(b) that data is collected, verified (if necessary) and analysed to enable:

(i) timely evaluation of the effectiveness of the measures implemented to maintain the resources of the fishery at, or rebuild those resources to, an acceptable level; and

(ii) timely modification of those measures;

(c) that the level of discards is estimated and included in the fishery assessment reports that are compiled by the fishery assessment group;

(d) that the catch of non‑target species is reduced to, or kept at, a minimum, and below a level that will allow stocks of those species to be maintained at ecologically sustainable levels;

(e) that a plan to strategically address any high risks identified during ecological risk assessments is developed within 18 months after the commencement of this Management Plan;

(f) that management actions ensure that the impacts of fishing activities on the marine environment are minimised;

(g) that stocks of quota species, and other species for which reference points have been determined, are above the reference points for the species;

(h) that transferable boat and quota statutory fishing rights and fishing permits are granted to eligible persons;

(i) that changes in commercial fishing activity in each sector are monitored, ecological impacts of those changes are evaluated, and appropriate management responses are developed and implemented;

(j) that access to the fishery is limited through regulating the number of fishing concessions;

(k) that TACs are set for each fishing year, and (unless provision is made for corresponding reductions in subsequent years) the amount of fish of a species that may be taken in a fishing year is not exceeded in the year;

(l) that concession holders do not fish in excess of their entitlements;

(m) that, if the stock of a species is found to be below the reference point for the species, effective recovery strategies are implemented within 12 months to ensure that, to the extent that the deficit is attributable to factors related to the management of the fishery, the depleted stock is rebuilt;

(n) that a communication strategy is developed and in place;

(o) that information is distributed in a timely manner;

(p) that stakeholders are satisfied with the level of accountability and communication regarding management of the fishery;

(q) that management measures are consistent with international agreements;

(r) that relevant management advisory committees are consulted in the development of the budget for the fishery;

(s) that budgetary objectives of the fishery are achieved;

(t) that levies and fees are collected to enable AFMA to recover costs for the fishery in accordance with government policy;

(u) that economic efficiency of the fishery is assessed periodically using economic data provided, on request, by fishing concession holders;

(v) that the cost‑effectiveness of management is assessed periodically.

(2) AFMA and relevant management advisory committees must, at least once every 5 years, assess the effectiveness of this Management Plan, including the measures taken to achieve the objectives of the Plan, by reference to the performance criteria mentioned in subsection (1).

(3) AFMA must include in its annual report for each financial year a statement of the extent to which the performance criteria mentioned in subsection (1) were met in the year.

(4) Each year, relevant management advisory committees must assess the extent to which the performance criteria mentioned in subsection (1) have been met in that year.

Part 2 Specific ecosystem requirements

8 By‑catch (Act s 17 (6D))

(1) AFMA must develop and implement a by‑catch action plan, or by‑catch action plans, for the fishery.

(2) AFMA must review each by‑catch action plan at least once every second year, while it is in force.

(3) A by‑catch action plan must:

(a) set out appropriate by‑catch limits; and

(b) require action to ensure that:

(i) information is gathered about the impact of the fishery on by‑catch species; and

(ii) all reasonable steps are taken to minimise incidental interactions with seabirds, marine reptiles, marine mammals and fish of a kind mentioned in sections 15 and 15A of the Act; and

(iii) the ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level; and

(iv) by‑catch is reduced to, or kept at, a minimum, and below a level that might threaten by‑catch species, including, as appropriate, by:

(A) meeting targets for by‑catch reduction set in the plan; and

(B) implementing by‑catch reduction measures within time periods set in the plan.

(4) In developing a by‑catch action plan, AFMA must take into account:

(a) the protection given to whales and other cetaceans under Division 3 of Part 13 of the EPBC Act; and

(b) the requirements under the EPBC Act for the protection of:

(i) listed threatened species; and

(ii) listed migratory species; and

(iii) listed marine species; and

(iv) listed threatened ecological communities.

(5) If information gathered under a by‑catch action plan shows it is necessary to do so, AFMA must consider making appropriate amendments to this Management Plan or changes to the conditions imposed on the holders of fishing concessions.

Note Obligations have been placed on the holders of fishing concessions under section 46 (General obligations) to ensure that by‑catch is kept to a minimum.

9 Determination of reference points

(1) As soon as practicable after this Management Plan comes into force, AFMA must determine, for each quota species, reference points that are appropriate for maintaining ecologically viable stocks of those species and an ecologically sustainable fishery.

(2) AFMA may review the reference points determined under subsection (1) to ensure that they remain appropriate for maintaining ecologically viable stocks of the quota species and an ecologically sustainable fishery.

(3) AFMA may determine, for a non‑quota species, reference points that are appropriate for maintaining ecologically viable stocks of those species and an ecologically sustainable fishery.

(4) AFMA must:

(a) monitor catch information on non‑quota species; and

(b) if concerns about a species are identified, determine reference points that are appropriate for maintaining ecologically viable stocks of that species.

Note Further ecosystem safeguards are contained in requirements under Part 3 (Total allowable catch), section 47 (Obligations relating to interactions with certain species and communities) and Part 8 (Directions not to engage in fishing).

Part 3 Total allowable catch

Division 3.1 Total allowable catch — quota species

10 Purpose of Division 3.1

This Division describes how total allowable catch is determined for a quota species.

11 Determination of TAC

(1) AFMA must, before 5 December of the year preceding each fishing year, determine a TAC for each quota species for the fishing year.

(2) In determining a TAC for a quota species, AFMA must have regard to the reference points for the species determined under section 9.

(3) AFMA may determine specific TACs for a quota species for particular parts of the area of the fishery.

(4) A determination of a TAC must specify:

(a) the TAC, expressed in:

(i) whole weight; or

(ii) other weight, as specified in the determination; and

(b) if AFMA has determined specific TACs for particular parts of the area of the fishery — the specific TACs and the parts to which they apply.

Note 1 A determination under this section is a disallowable instrument: see subsection 17 (6B) of the Act.

Note 2 It is AFMA’s intention to set the TAC for each quota species and fishing year in October of the year before the fishing year. However, AFMA may set a TAC as late as 4 December if adequate information is not available until then.

12 Consultation and matters that must be taken into account

In determining a TAC for a quota species for a fishing year, AFMA:

(a) must consult with any relevant management advisory committee and have regard to any view expressed in that consultation; and

(b) must take into account advice from the relevant fishery assessment group about the stock status of a quota species; and

(i) all fishing mortality from all sectors within the fishery and overlapping or adjacent fisheries for the species; and

(ii) the ecological implications of harvesting the TAC; and

(iii) the distribution and population structure of the species; and

(iv) the precautionary principle; and

(d) may consider the views (if any) of any other interested person.

13 Notice of TAC and quota allocation

(1) As soon as practicable after determining a TAC for a quota species for a fishing year, AFMA must give to the holder of each quota statutory fishing right for that species a written notice stating:

(a) the TAC for the species for the fishing year; and

(b) the quota allocated to the right for the fishing year; and

(d) if AFMA has determined specific TACs for particular parts of the area of the fishery:

(i) the specific TACs, and the parts to which they apply; and

(ii) the quota allocated to the right for the fishing year in relation to each of those parts.

(2) For paragraph (1) (b) and subparagraph (1) (d) (ii), the quota allocated to a statutory fishing right for each quota species for a fishing year is worked out by dividing the TAC for the species for the fishing year by the total number of quota statutory fishing rights in force for the species at the start of the fishing year.

Division 3.2 Total allowable catch — non‑quota species

14 Purpose of Division 3.2

This Division describes how total allowable catch may be determined for a non‑quota species.

15 Determination of TAC

(1) AFMA may determine a TAC for a non‑quota species for a period specified in the determination.

(2) In determining a TAC for a non‑quota species, AFMA must have regard to the reference points (if any) determined for the species under section 9.

(3) AFMA may determine specific TACs for a non‑quota species for:

(a) particular methods of fishing; or

(b) particular parts of the area of the fishery.

(4) A determination of TAC must specify:

(a) the TAC, expressed in:

(i) whole weight; or

(ii) other weight, as specified in the determination; and

(b) the period for which the TAC applies; and

(d) if the TAC applies only to particular methods of fishing — those methods; and

(e) the fishing concessions to which the TAC applies.

Note A determination under this section is a disallowable instrument: see subsection 17 (6B) of the Act.

16 Consultation and matters that must be taken into account

In determining a TAC for a non‑quota species, AFMA:

(a) must consult with any relevant management advisory committee and have regard to any view expressed in that consultation; and

(b) must take into account advice from the relevant fishery assessment group about the stock status of a non‑quota species; and

(i) all fishing mortality from all sectors within the fishery and overlapping or adjacent fisheries for the species; and

(ii) the ecological implications of harvesting the TAC; and

(iii) the distribution and population structure of the species; and

(iv) the precautionary principle; and

(d) may consider the views (if any) of any other interested person.

17 Notice of TAC

(1) Subject to subsection (2), as soon as practicable after determining a TAC for a non‑quota species for a period, AFMA must give to the holder of each fishing permit or boat statutory fishing right granted in relation to the fishery a written notice stating:

(a) the species; and

(b) the TAC for the species; and

(d) whether the TAC applies to the whole area of the fishery and, if not, the part of the area of the fishery to which it applies; and

(e) whether the TAC applies to all fishing methods and, if not, the fishing methods to which it applies.

(2) If the TAC for the species applies only to:

(a) a particular method of fishing; or

(b) a particular part of the area of the fishery;

AFMA is required to give a notice under subsection (1) only to the holder of each fishing permit or boat statutory fishing right that authorises the holder to fish using that method, or in that part of the area of the fishery, as the case may be.

18 Notice that TAC taken

(1) This section applies if the TAC for a non‑quota species for a period has been taken.

(2) Subject to subsection (3), AFMA must give to the holder of each fishing permit or boat statutory fishing right granted in relation to the fishery a written notice stating that no more fish of the species may be taken from the area of the fishery during the period.

(3) If the TAC for the species applies only to:

(a) a particular method of fishing; or

(b) a particular part of the area of the fishery;

AFMA is required to give a notice under subsection (2) only to the holder of each fishing permit or boat statutory fishing right that authorises the holder to fish using that method, or in that part of the area of the fishery, as the case may be, and the notice must state that no more fish of that species may be taken using that method, or from that part of the area of the fishery, as the case may be.

19 Variation of TAC

(1) AFMA may vary a TAC for a non‑quota species.

(2) If AFMA varies a TAC, AFMA must specify the amount by which it is varied, and whether it is increased or decreased.

(3) AFMA may vary a TAC, so that it is less than the TAC determined under section 15, only if an emergency exists in relation to the non‑quota species to which the TAC relates.

(4) Before varying a TAC, AFMA:

(a) must consult with any relevant management advisory committee and fishery assessment group, and have regard to any view expressed in that consultation; and

(b) may consider the views (if any) of any other interested person.

(5) Subject to subsection (7), AFMA must, at least 28 days before a variation takes effect, give written notice of the variation to each holder of a fishing permit or boat statutory fishing right granted in relation to the fishery.

(6) However, subject to subsection (7), if a variation of a TAC is made in an emergency:

(a) subsections (4) and (5) do not apply; and

(b) AFMA must, as soon as practicable, give written notice of the variation to each holder of a fishing permit or boat statutory fishing right granted in relation to the fishery.

(7) If the TAC applies only to:

(a) a particular method of fishing; or

(b) a particular part of the area of the fishery;

AFMA is required to give a notice under subsection (5) or (6) only to the holder of each fishing permit or boat statutory fishing right that authorises the holder to fish using that method, or from that part of the area of the fishery, as the case may be.

Part 4 Right to fish in the fishery

Division 4.1 General

20 Who may fish in the fishery?

(1) Subject to subsection (2), a person may fish in the fishery for a non‑quota species only if the person:

(a) is, or is acting for, the holder of a fishing permit or boat statutory fishing right granted in relation to the fishery; and

(b) uses a boat nominated for the purposes of the permit or right.

(2) A person must not fish for a non‑quota species:

(a) in the area of the fishery, if:

(i) a TAC has been determined for the species, other than a TAC of a kind mentioned in subsection 15 (3); and

(ii) a notice under section 18 has been given in relation to the TAC; or

(b) in a part of the area of the fishery, if:

(i) a TAC has been determined for the species, being a TAC that applies to that part of the area of the fishery; and

(ii) a notice under section 18 has been given in relation to the TAC; or

(i) a TAC has been determined for the species, being a TAC that applies to that method; and

(ii) a notice under section 18 has been given in relation to the TAC.

(3) Subject to subsections (6), (7) and (7A) and section 21, a person may fish for a quota species in the fishery only if the person:

(a) is, or is acting for, the holder of a quota statutory fishing right, granted in relation to the fishery, that:

(i) authorises the holder to take fish of that species; and

(ii) has uncaught quota for the current fishing year; and

(b) is, or is acting for:

(i) the holder of a boat statutory fishing right granted in relation to the fishery; or

(ii) the holder of a fishing permit that authorises the holder to take fish of a non‑quota species from the fishery; and

Note The amount of fish of a species that a holder is taken to have taken may be affected by the overcatch and undercatch provisions of this Management Plan: see sections 22 and 23.

(4) For subsection (3), fish of a quota species taken by a person in the fishery and kept for the person’s private or domestic use under subsection (6) are not included as part of the amount of fish taken.

(5) For subsection (4), a person who takes fish of a quota species in the fishery on a trip, as permitted under this section, may keep, for the person’s private or domestic use, up to:

(a) 10 kilograms whole weight in total of the quota species mentioned in items 1 to 20 of Schedule 2; and

(b) 10 kilograms trunked weight in total of the quota species mentioned in items 21 to 24 of Schedule 2.

(6) The holder, or a person acting for the holder, of a GAB Trawl boat statutory fishing right may take fish of a quota species mentioned in items 1 to 4, or 6 to 16, of Schedule 2 in the Commonwealth GAB Trawl Sector without holding a quota statutory fishing right for that species.

(7) The holder, or a person acting for the holder, of a fishing permit that authorises trawling in the Victorian Coastal Waters Sector may take fish of a quota species mentioned in items 21 to 24 of Schedule 2 in that Sector in accordance with conditions of the permit relating to by‑catch.

(7A) The holder, or a person acting for the holder, of:

(a) a trawl boat statutory fishing right; or

(b) a gillnet boat statutory fishing right; or

(d) a shark hook boat statutory fishing right; or

(e) a trap fishing permit granted under section 42;

may, in the Commonwealth GAB Trawl Sector, take fish of a species mentioned in items 26 to 28 of Schedule 2 without holding a quota statutory fishing right for that species.

(8) The holder of a boat statutory fishing right must not use a boat in the fishery unless it is the nominated boat for the purposes of the right.

(9) A person may use a boat in the area of the fishery for scientific research about the fishery only if the person is, or is acting for, the holder of a scientific permit that authorises the use of the boat in the area of the fishery for that purpose.

Note 1 See section 32 of the Act in relation to the grant of a fishing permit.

Note 2 See Division 5.4 in relation to nomination of a boat for the purposes of a statutory fishing right.

Note 3 One boat only may be nominated for the purposes of a boat statutory fishing right at a particular time: see subsection 31 (5).

Note 4 See section 33 of the Act about the grant of a scientific permit.

21 Additional entitlement to account for undercatch in year before quota statutory fishing rights for a quota species come into force

(1) This section applies if:

(a) the holder of a fishing permit or a boat statutory fishing right is authorised to take an amount of fish of a quota species in the fishing year immediately before quota statutory fishing rights come into force for the quota species (the previous fishing year); and

(b) the holder takes an amount of fish of that species that is less than the amount he or she is authorised to take.

(2) AFMA must issue to the holder a fishing permit that authorises the holder to take, in the first fishing year in which quota statutory fishing rights are in force for that quota species (the first fishing year), an amount of that species equal to the lesser of:

(a) the difference between the amount of fish of that species taken by the holder in the previous fishing year and the amount of that species that the holder was authorised to take in that fishing year; and

(b) the result of multiplying the amount of that species that the holder was authorised to take in the previous fishing year by the determined percentage for that species.

(3) Despite subsections 20 (3) and (4), in the first fishing year for a quota species, the holder of a fishing permit issued under subsection (2) for that species may take the amount of that species authorised by the fishing permit in addition to the holder’s quota, if any, of that species for that year.

(4) For paragraph (2) (b), the determined percentage, for a quota species, is a percentage of the amount of that species that a person was authorised to take in the previous fishing year , being the percentage specified in a determination made by AFMA for the purposes of this section for that species.

(5) In determining a percentage for a quota species for the purposes of this section, AFMA:

(a) must consult with any relevant management advisory committee and have regard to any view expressed in that consultation; and

(b) must take into account advice from the relevant fishery assessment group about the stock status of a quota species; and

(d) may consider the views (if any) of any other interested person.

(6) As soon as practicable after determining a percentage for a quota species for the purposes of this section, AFMA must give to the holder of each quota statutory fishing right for that species a written notice stating the determined percentage for the species.

Division 4.2 Overcatch and undercatch

22 Overcatch

(1) Subsection (2) applies to a holder of a quota statutory fishing right if:

(a) in a fishing year (the first year), the holder takes (or is taken, by a previous application of this section, to have taken) an amount of fish of a quota species that exceeds, by a percentage less than the determined percentage for that species for the first year, the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year; and

(b) on 28 February of the following fishing year (the second year), the holder holds quota statutory fishing rights that would, in the absence of this section, entitle the holder to take an amount of fish of that species at least equal to the amount by which the holder exceeded the quota mentioned in paragraph (a).

(2) For subparagraph 20 (3) (a) (ii), the holder is taken to have taken:

(a) during the first year, an amount of fish of the species mentioned in paragraph (1) (a) that is equal to the quota allocated to quota statutory fishing rights for that species held by the holder in the first year; and

(b) during the second year, an amount of fish of that species equal to the amount by which the holder exceeded the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year, in addition to the amount actually taken by the holder in the second year.

(3) Subsection (4) applies to the holder of a quota statutory fishing right if:

(a) in a fishing year (the first year), the holder takes (or is taken, by a previous application of this section, to have taken) an amount of fish of a quota species that exceeds the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year by:

(i) a percentage not less than the determined percentage for that species for the first year; and

(ii) an amount not greater than the sum of:

(A) the result of multiplying the holder’s quota in the first year by the determined percentage for that species for the first year; and

(B) the determined amount for that species for the first year; and

(i) the result of multiplying the holder’s quota for that species in the first year by the determined percentage for that species for the first year; and

(ii) twice the amount by which the holder’s overcatch in the first year exceeded the determined percentage for that species for the first year.

(4) For subparagraph 20 (3) (a) (ii), the holder is taken to have taken:

(a) during the first year, an amount of fish of the species mentioned in paragraph (3) (a) that is equal to the quota allocated to the quota statutory fishing rights for that species held by the holder in the first year; and

(b) during the second year, an amount of fish of that species equal to the sum of:

(i) the result of multiplying the holder’s quota in the first year by the determined percentage for that species for the first year; and

(ii) twice the amount by which the holder’s overcatch in the first year exceeded the determined percentage for that species for the first year;

in addition to the amount actually taken by the holder in the second year.

(5) In this section:

determined amount, for a quota species and a fishing year, means the amount (in kilograms) of that species specified in a determination made by AFMA for the purposes of this section for that species and year.

determined percentage, for a quota species and a fishing year, means a percentage of the quota allocated to the quota statutory fishing rights for that species held by a person for that year, being the percentage specified in a determination made by AFMA for the purposes of this section for that species and year.

(6) For the purposes of this section, a holder’s overcatch of a quota species in a fishing year is the amount by which the amount of fish of that species taken by the holder in the fishing year exceeds the quota allocated to quota statutory fishing rights for that species held by the holder in the fishing year.

23 Undercatch

(1) This section applies to a holder of a quota statutory fishing right if:

(a) in a fishing year (the first year), the holder takes:

(i) an amount of fish of a quota species that is less than the quota allocated to the quota statutory fishing rights for that species held by the holder in the fishing year; or

(ii) no fish of the quota species; and

(b) on 28 February of the following fishing year (the second year), the holder holds 1 or more quota statutory fishing rights for that species.

(2) The holder may, during the second year, take an amount of fish of the quota species mentioned in paragraph (1) (a) that is the sum of:

(a) the quota allocated to quota statutory fishing rights for that species held by the holder in the second year; and

(b) an amount equal to the lesser of:

(i) the difference between the amount of fish of that species taken by the holder in the first year and the quota allocated to the holder’s quota statutory fishing rights for that species in that year; and

(ii) the result of multiplying the holder’s quota for that species in the first year by the determined percentage for that species and year.

(3) For subparagraph (2) (b) (ii), the determined percentage, for a quota species and a fishing year, is a percentage of the quota allocated to the quota statutory fishing rights for that species held by a person for that year, being the percentage specified in a determination made by AFMA for the purposes of this section for that species and year.

24 Determinations for this Division

(1) AFMA must, before 5 December of the year before each fishing year, determine amounts and percentages for sections 22 and 23 for each quota species for the fishing year.

(2) In determining an amount or percentage for a quota species, AFMA must have regard to the reference points for the species determined under section 9.

Note It is AFMA’s intention to determine the amount and percentages for each quota species and fishing year in October of the year before the fishing year. However, AFMA may determine the amounts and percentages as late as 4 December if adequate information is not available until then.

(3) In determining an amount or percentage for a quota species for a fishing year, AFMA:

(a) must consult with any relevant management advisory committee and have regard to any view expressed in that consultation; and

(b) must take into account advice from the relevant fishery assessment group about the stock status of a quota species; and

(d) may consider the views (if any) of any other interested person.

(4) As soon as practicable after determining an amount or percentage for a quota species for a fishing year, AFMA must give to the holder of each quota statutory fishing right for that species a written notice stating the determined amount and determined percentages for the species for the year.

(5) A determination made for the purposes of section 22 or 23 is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 5 Statutory fishing rights

Division 5.1 Preliminary

25 Quota units

A reference in this Part to a number of quota units of a species that the holder of a fishing permit is authorised to take in the fishery, or in a sector or zone of the fishery, is a reference to the amount of that species, expressed as a number of units, that is:

(a) specified in a condition of the permit; and

(b) registered in the relevant Quota Unit Register maintained by AFMA.

Division 5.2 Registration of eligible persons for grant of statutory fishing rights (Act s 26)

26 Registration for grant of boat statutory fishing rights

(1) A person satisfies the condition for registration as an eligible person for the grant of a gillnet boat statutory fishing right if, immediately before the end of the notice period, the person was the holder of a fishing permit that allowed fishing by gillnet methods in the Commonwealth Gillnet Sector (except coastal waters).

(2) A person satisfies the condition for registration as an eligible person for the grant of a shark hook boat statutory fishing right if, immediately before the end of the notice period, the person was the holder of a Class A fishing permit that allowed fishing by hook methods in the Commonwealth Shark Hook Sector (except coastal waters).

(3) A person satisfies the condition for registration as an eligible person for the grant of a scalefish hook boat statutory fishing right if, immediately before the end of the notice period, the person was the holder of a Class A fishing permit that allowed fishing by hook methods in the Commonwealth Scalefish Hook Sector (except coastal waters).

(4) A person satisfies the condition for registration as an eligible person for the grant of a trawl boat statutory fishing right if, immediately before the end of the notice period, the person was the owner of a boat statutory fishing right option arising from the revocation of the South East Trawl Fishery Management Plan 1998.

(5) A person satisfies the condition for registration as an eligible person for the grant of a GAB Trawl boat statutory fishing right if, immediately before the end of the notice period, the person was the owner of a boat statutory fishing right under the Great Australian Bight Trawl Fishery Management Plan.

(6) In this section:

notice period, for a statutory fishing right of a kind mentioned in any of subsections (1) to (5) and for a species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that species, in the fishery under section 24 of the Act.

Note 1 Under section 26 (2) of the Act, AFMA must register as an eligible person for a grant of a fishing right each applicant who:

(a) satisfies the conditions (if any) for registration specified in the plan of management in relation to the grant; and

(b) has paid the prescribed fee.

Note 2 See section 24 of the Act in relation to the publication of a notice by AFMA declaring that AFMA intends to grant statutory fishing rights in relation to fishing in a specified managed fishery.

Note 3 A person who satisfies the conditions for registration as an eligible person for the grant of a statutory fishing right may apply to AFMA, in the approved form, for registration as an eligible person for grant of the right. The application must be made within the period specified in the notice published under section 24 of the Act: see paragraph 25 (f), and subsection 26 (1), of the Act.

Note 4 A decision under subsection 26 (2) of the Act is subject to reconsideration by AFMA, on request by a person who is dissatisfied with the decision, under section 165 of the Act. Application may be made to the Administrative Appeals Tribunal for review of a decision made following that reconsideration. See section 165 of the Act.

Note 5 For information about statutory fishing right options, see section 31A of the Act.

27 Registration for grant of quota statutory fishing rights

(1) A person satisfies the condition for registration as an eligible person for the grant of a Type N quota statutory fishing right for a quota species mentioned in Part 1 of Schedule 2 if, immediately before the end of the notice period, the person was the holder of a fishing permit that authorised the holder to take a number of quota units of that species in the Gillnet, Hook and Trap Fishery.

(2) A person satisfies the condition for registration as an eligible person for the grant of a Type T quota statutory fishing right for a quota species mentioned in items 1 to 20 of Schedule 2 if, immediately before the end of the notice period, the person was the holder of a fishing permit that authorised the holder to take a number of quota units of that species in the Victorian Inshore Trawl Fishery.

(3) A person satisfies the condition for registration as an eligible person for the grant of a Type T quota statutory fishing right for a quota species mentioned in items 1 to 19 of Schedule 2 if, immediately before the end of the notice period, the person was the owner of a quota statutory fishing right option for that species arising from the revocation of the South East Trawl Fishery Management Plan 1998.

(4) A person satisfies the condition for registration as an eligible person for the grant of a Type T quota statutory fishing right for a quota species mentioned in items 20 to 24 of Schedule 2 if, immediately before the end of the notice period, the person was the holder of a fishing permit that authorised the holder to take a number of quota units of that species in the South East Trawl Fishery.

(5) A person satisfies the condition for registration as an eligible person for the grant of a Type T quota statutory fishing right for a quota species mentioned in items 21 to 24 of Schedule 2 if, immediately before the end of the notice period, the person was the holder of a fishing permit that authorised the holder to take a number of quota units of that species in the Great Australian Bight Trawl Fishery.

(5A) A person satisfies the condition for registration as an eligible person for the grant of a type T quota SFR for quota species mentioned in items 25 to 28 of Schedule 2 if, immediately before the end of the notice period, the person was the holder of:

(a) a GAB Trawl boat statutory fishing right; or

(b) a fishing permit granted under section 44.

(6) In this section:

notice period, for a statutory fishing right of a kind mentioned in any of subregulations (1) to (5A) and for a species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that species, in the fishery under section 24 of the Act.

Note See the notes under section 26 in relation to provisions in the Act relating to registration for the grant of statutory fishing rights.

Division 5.3 Grant of statutory fishing rights

28 Provisional grants (Act s 23)

(1) This section applies to a person who is registered as an eligible person for the grant of a statutory fishing right.

(2) AFMA must make a provisional grant to the person as follows:

(a) if the person is registered as an eligible person for the grant of a gillnet boat statutory fishing right — 1 gillnet boat statutory fishing right for each fishing permit that:

(i) was held by the person immediately before the end of the notice period; and

(ii) allowed fishing by gillnet methods in the Commonwealth Gillnet Sector (except coastal waters);

(b) if the person is registered as an eligible person for the grant of a shark hook boat statutory fishing right — 1 shark hook boat statutory fishing right for each fishing permit that:

(i) was held by the person immediately before the end of the notice period; and

(ii) allowed fishing by hook methods in the Commonwealth Shark Hook Sector (except coastal waters);

(c) if the person is registered as an eligible person for the grant of a scalefish hook boat statutory fishing right — 1 scalefish hook boat statutory fishing right for each fishing permit that:

(i) was held by the person immediately before the end of the notice period; and

(ii) allowed fishing by hook methods in the Commonwealth Scalefish Hook Sector (except coastal waters);

(d) if the person is registered as an eligible person for the grant of a trawl boat statutory fishing right — 1 trawl boat statutory fishing right for each boat statutory fishing right, under the South East Trawl Fishery Management Plan 1998, in relation to which a boat statutory fishing right option:

(i) arose from the revocation of the South East Trawl Fishery Management Plan; and

(ii) was owned by the person immediately before the end of the notice period;

(e) if the person is registered as an eligible person for the grant of a GAB Trawl boat statutory fishing right — 1 GAB Trawl boat statutory fishing right for each boat statutory fishing right under the Great Australian Bight Trawl Fishery Management Plan that the person owned immediately before the end of the notice period;

(f) if the person is registered as an eligible person for the grant of a Type N quota statutory fishing right for a quota species under subsection 27 (1) — 1 Type N quota statutory fishing right for the species for each quota unit of that species that the person was authorised to take in the Gillnet, Hook and Trap Fishery in accordance with a fishing permit held by the person immediately before the end of the notice period;

(g) if the person is registered as an eligible person for the grant of a Type T quota statutory fishing right for a quota species under subsection 27 (2) — 1 Type T quota statutory fishing right for the species for each quota unit of that species that the person was authorised to take in the Victorian Inshore Trawl Fishery in accordance with a fishing permit held by the person immediately before the end of the notice period;

(h) if the person is registered as an eligible person for the grant of a Type T quota statutory fishing right for a quota species under subsection 27 (3) — 1 Type T quota statutory fishing right for the species for each quota statutory fishing right, under the South East Trawl Fishery Management Plan 1998, in relation to which a quota statutory fishing right option:

(i) arose from the revocation of that Management Plan; and

(ii) was owned by the person immediately before the end of the notice period;

(i) if the person is registered as an eligible person for the grant of a Type T quota statutory fishing right for a quota species under subsection 27 (4) — 1 Type T quota statutory fishing right for the species for each quota unit of that species that the person was authorised to take in the South East Trawl Fishery in accordance with a fishing permit held by the person immediately before the end of the notice period;

(j) if the person is registered as an eligible person for the grant of a Type T quota statutory fishing right for a quota species under subsection 27 (5) — 1 Type T quota statutory fishing right for the species for each quota unit of that species that the person was authorised to take in the Great Australian Bight Trawl Fishery in accordance with a fishing permit held by the person immediately before the end of the notice period;

(k) if the person is registered as an eligible person for the grant of a Type T quota statutory fishing right for a quota species under paragraph 27 (5A) (a) — the following Type T quota statutory fishing rights for each GAB Trawl boat statutory fishing right held by the person immediately before the end of the notice period:

(i) 300,000 Type T quota statutory fishing rights for the taking of deepwater flathead;

(ii) 100,000 Type T quota statutory fishing rights for the taking of bight redfish;

(iii) 20,000 Type T quota statutory fishing rights for the taking of orange roughy (GAB Albany and Esperance);

(l) if the person is registered as an eligible person for the grant of a Type T quota statutory fishing right for a quota species under paragraph 27 (5A) (b):

(i) for each kilogram of alfonsino taken by the person from 1 January 2000 to 31 December 2001 — 1 Type T quota statutory fishing right for the taking of alfonsino; and

(ii) for each 0.8153 kilogram of alfonsino taken by the person from 1 January 2002 to 30 June 2004 — 1 Type T quota statutory fishing right for the taking of alfonsino.

(2A) For paragraph (2) (l), a person is taken to have taken alfonsino in a period if the catch was reported to AFMA on forms known as ‘SEF2 Catch Disposal Records’ during that period.

(3) In this section:

notice period, for a statutory fishing right of a kind mentioned in any of paragraphs (2) (a) to (k) and for a species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that species, in the fishery under section 24 of the Act.

Note See:

(a) section 23 of the Act about the provisional grant of statutory fishing rights; and

(b) Part 8, Division 3 of the Act about review by the Statutory Fishing Rights Allocation Review Panel.

29 Request for grant (Act s 31)

(1) AFMA may grant a statutory fishing right to a person only if:

(a) a notice mentioned in subsection 23 (2) of the Act stating that the person is to be granted the right is published in the Gazette (the Gazette notice); and;

(b) the person applies to AFMA, using the approved form, for the grant.

Note Under subsection 23 (3) of the Act, AFMA must not notify a person that the grant of a right is available:

(a) before the end of the period within which applications may be made to the Statutory Fishing Rights Allocation Review Panel for review of provisional grant; or

(b) if an application has been made to the Panel — before the application has been dealt with by the Panel or otherwise disposed of.

(2) If the person does not apply for the grant within 30 days after the Gazette notice is published, AFMA must send a notice (the reminder notice) to the person telling the person that the person must apply within a period stated in the notice.

(3) If the person does not apply for the grant within the period stated in the reminder notice, AFMA must send another notice (the final notice) to the person stating that the person’s registration will be cancelled if the person does not, within 14 days after the final notice is sent:

(a) apply for the grant; and

(b) explain why the person did not apply within the period stated in the reminder notice.

(4) AFMA must cancel the person’s registration as an eligible person if, despite a final notice, the person does not:

(a) apply for the grant within 14 days after the final notice is sent; and

(b) satisfy AFMA that the person had a reasonable excuse for not applying within the period stated in the reminder notice.

(5) If AFMA cancels a person’s registration as an eligible person, AFMA must vary its records to show the cancellation.

Note 1 AFMA must grant a statutory fishing right to a person to whom the grant of the right is available if the person asks AFMA to grant the right: see section 31 of the Act.

Note 2 A decision under section 31 of the Act (other than a decision following an auction, tender or ballot) is subject to reconsideration under section 165 of the Act: see subsection 165 (2) of the Act. Application may be made to the Administrative Appeals Tribunal for review of a decision under section 165 of the Act: see subsection 165 (7) of the Act.

Note 3 A statutory fishing right ceases to have effect if AFMA revokes this Management Plan: see subsections 20 (4) and 22 (3) of the Act.

Note 4 AFMA must register all statutory fishing rights granted: see section 45 of the Act.

30 Certificate showing grant (Act s 22 (2))

(1) If AFMA grants to a person a statutory fishing right, AFMA must give the person a certificate, showing the grant of the statutory fishing right and setting out the following information:

(a) the person’s name;

(b) a description of the right;

(d) that the right is granted in respect of the fishery;

(e) the obligations and conditions (if any) to which the right is subject.

Note In addition to the obligations imposed in accordance with Part 7, conditions may be imposed in relation to a boat statutory fishing right.

(2) A certificate given under this section may show the grant of more than one statutory fishing right to a person.

Division 5.4 Nomination of boat

31 Nomination of a boat by holder of statutory fishing right

(1) The holder of a statutory fishing right must not use a boat in the fishery unless it is the nominated boat for the purposes of the right.

(2) The holder of a statutory fishing right may apply to AFMA, using the approved form:

(a) for an Australian boat to be entered in the Register as the nominated boat for the purposes of the right; or

(b) if another Australian boat is to be used for the purposes of the right, instead of the nominated boat — for the Register to be varied to substitute the details of the other boat in place of the nominated boat.

(3) An application must be accompanied by the certificate that shows the grant of the right.

(4) Subject to subsections (5), (6) and (7), if AFMA receives an application, AFMA must:

(a) enter in the Register, in relation to the nominated boat, the particulars prescribed for the purposes of section 45 of the Act in relation to the fishery; and

(b) give to the holder an extract of the Register that:

(i) states the name and identification code of the nominated boat; and

(ii) states the obligations and conditions to which the right is subject; and

(iii) is signed for AFMA by a person having authority to sign it.

(5) AFMA must not register a boat as the nominated boat for the purposes of a statutory fishing right held by one person if the boat is registered, in relation to another person, as the nominated boat for:

(a) a statutory fishing right; or

(b) a permit under the Act; or

(6) AFMA must not register a boat as the nominated boat for the purposes of a statutory fishing right if the registration would result in a contravention of a condition of the right.

(7) One boat only may be nominated for the purposes of a statutory fishing right at a particular time.

Note See subsections 32 (1), (1A), (1B) and (1C) of the Act in relation to the use of an Australian boat for the purposes of the fishing permit.

32 Cancellation of nomination of a boat

(1) The holder of a statutory fishing right may apply to AFMA, using the approved form, for AFMA to cancel an entry in the Register of the boat nominated for the purposes of the right.

(2) On receiving an application, AFMA must cancel the entry.

Division 5.5 Transfer and lease of statutory fishing rights

33 AFMA may approve transfer of statutory fishing right

(1) The owner of a statutory fishing right may apply to AFMA for approval to transfer the right to another person (the transferee).

(2) An application must be:

(a) in the form approved by AFMA; and

(b) accompanied by the certificate showing the grant of the right to be transferred.

(3) If the owner of the right wants the transfer to take effect in the fishing year in which the application is made, the application must be received by AFMA not later than 14 December in that fishing year.

(4) AFMA must not approve the transfer of the right:

(a) if a proceeding in relation to an offence under the Act, or regulations made under the Act, has been instituted against the owner or holder and has not been concluded; or

(b) if an application for registration of any other interest in the right is received by AFMA before the application is received, and has not been dealt with; or

(d) if, under section 98 of the Act, a court has ordered the owner not to be on a boat in the AFZ for the purposes of engaging in commercial fishing; or

(e) if the following circumstance exists:

(i) it is known to AFMA that there is a ground for suspension of the right under subsection 38 (1) or (3) of the Act, or cancellation of the right under section 39 of the Act; and

(ii) AFMA has not decided whether to suspend or cancel the right; or

(f) if AFMA has decided to suspend or cancel the right, and:

(i) the period during which review of the decision may be applied for has not expired; or

(ii) an application has been made for review of the decision, and the application has not been decided; or

(g) within the period beginning 14 days before the issue of a levy invoice and ending when the levy is paid.

(5) AFMA must not approve the transfer of a quota statutory fishing right until the end of the fishing year in which AFMA receives the application for approval to transfer the right if:

(a) fish of a quota species have been taken under the right during the year; or

(b) the right has been leased to another person under section 35.

Note AFMA may refuse to approve the transfer of a statutory fishing right only if the transfer would be contrary to the requirements of this Management Plan or a condition of the right: see subsection 49 (2) of the Act.

34 Variation of certificate on transfer of statutory fishing right

If AFMA approves the transfer of a statutory fishing right, AFMA must:

(a) if the owner does not transfer all the rights shown on the certificate showing the grant of the right — cancel the certificate, and give to the owner a new certificate showing the rights owned by the owner after the transfer; and

(b) either:

(i) if the transferee has lodged with AFMA a certificate showing the grant of a statutory fishing right — cancel the certificate, and give to the transferee a new certificate showing the rights owned by the transferee after the transfer; or

(ii) in any other case — give to the transferee a certificate showing that the transferee is the owner of the transferred right.

Note 1 The right to transfer a statutory fishing right is subject to any relevant conditions specified in the certificate showing the grant of the statutory fishing right: see paragraph 22 (4) (a) of the Act.

Note 2 For the requirement to register the transfer of an interest in a statutory fishing right: see section 46 of the Act.

Note 3 In relation to the transfer of a fishing permit, see subsection 32 (10) of the Act.

35 Lease of statutory fishing right

(1) The holder of a statutory fishing right (the lessor) must not lease the right, in a fishing year, to someone else (the lessee) until the holder has given AFMA written notice about the lease, in the approved form.

(2) For the purposes of this Management Plan, a lease of a statutory fishing right has effect only:

(a) for the fishing year in which the lease is granted; or

(b) if the right is a boat statutory fishing right — for any shorter period, within the fishing year, specified in the lease.

(3) For the purposes of this Management Plan, a lease of a quota statutory fishing right has no effect if, before the lease is granted, fish of a quota species have been taken under the right in the fishing year in which the lease is granted.

Note See section 46 of the Act in relation to the requirement to register a dealing in relation to a statutory fishing right.

Part 6 Fishing permits

36 Application of Part 6

Nothing in this Part is intended to limit the fishing permits that AFMA may grant under section 32 of the Act.

37 Definition of OCS arrangement

For this Part, an OCS arrangement is an arrangement made between the Commonwealth and a State or Territory under Division 3 of Part 5 of the Act.

38 Person may apply for first fishing permit or subsequent fishing permit

(1) A person may apply to AFMA, using the approved form, for the grant of a fishing permit for the fishery, or a part of the fishery, in accordance with this Part.

(2) A person may apply for a first fishing permit of a kind mentioned in a section of this Part if the person has not previously been granted a fishing permit of that kind for the fishery.

(3) A person may apply for a subsequent fishing permit of a kind mentioned in a section of this Part if the person holds a fishing permit of the same kind for the fishery.

(4) An application for the grant of a fishing permit in accordance with this Part must specify whether the person is applying for a first fishing permit.

Note 1 See section 32 of the Act about the grant of a fishing permit.

Note 2 See paragraph 32 (6) (c) and subsection 32 (9) of the Act about when a permit ceases to be in force.

Note 3 Fishing permits granted under this Part may be subject to conditions that require the holder of the permit to use only hook methods, gillnet methods, trap methods or trawl methods when the holder is fishing under the permit.

39 Fishing permit for South Australian Coastal Waters Sector

(1) AFMA must, on receiving an application from a person, grant to the person a first fishing permit for the South Australian Coastal Waters Sector if, immediately before the end of the period specified in a notice published in relation to the fishery under section 24 of the Act, the person was the holder of a fishing permit (the OCS permit) that:

(a) was granted by AFMA in accordance with an OCS arrangement between the Commonwealth and South Australia; and

(b) authorised the person to fish in the coastal waters of South Australia.

(2) A fishing permit granted under subsection (1) must authorise the person to use only the same fishing gear as the person could use under the OCS permit.

40 Fishing permit for Tasmanian Coastal Waters Sector

(1) AFMA must, on receiving an application from a person, grant to the person a first fishing permit for the Tasmanian Coastal Waters Sector if, immediately before the end of the period specified in a notice published in relation to the fishery under section 24 of the Act, the person was the holder of a fishing permit (the OCS permit) that:

(a) was granted by AFMA in accordance with an OCS arrangement between the Commonwealth and Tasmania; and

(b) authorised the person to fish in the coastal waters of Tasmania.

(2) A fishing permit granted under subsection (1) must authorise the person to use only the same fishing gear as the person could use under the OCS permit.

41 Fishing permit for Victorian Coastal Waters Sector

(1) AFMA must, on receiving an application from a person, grant to the person a first fishing permit for the Victorian Coastal Waters Sector if, immediately before the end of the period specified in a notice published in relation to the fishery under section 24 of the Act, the person was the holder of a fishing permit (the OCS permit) that:

(a) was granted by AFMA in accordance with an OCS arrangement between the Commonwealth and Victoria; and

(b) authorised the person to fish in the coastal waters of Victoria.

(2) A fishing permit granted under subsection (1) must authorise the person to use only the same fishing gear as the person could use under the OCS permit.

42 Trap fishing permit

(1) AFMA must, on receiving an application from a person, grant to the person a first trap fishing permit for the fishery if, immediately before the end of the period specified in a notice published in relation to the fishery under section 24 of the Act, the person was the holder of a fishing permit (the previous permit) granted by the Commonwealth that authorised fishing by trap methods in the Gillnet, Hook and Trap Fishery.

(2) A fishing permit granted to a person under subsection (1) must authorise the person to:

(a) use only the same fishing gear as the person could use under the previous permit; and

(b) engage in fishing only in the area in which the person could engage in fishing under the previous permit.

43 Fishing permit for Tasmanian Rock Lobster Sector

(1) AFMA must, on receiving an application from a person, grant to the person a first fishing permit for the Tasmanian Rock Lobster Sector if, immediately before the end of the period specified in a notice published in relation to the fishery under section 24 of the Act, the person was the holder of a fishing permit (the OCS permit) that:

(a) was granted by AFMA in accordance with an OCS arrangement between the Commonwealth and Tasmania; and

(b) authorised the person to fish in waters within the Sector.

(2) A fishing permit granted under subsection (1) must authorise the person to use only the same fishing gear as the person could use under the OCS permit.

44 Fishing permit for East Coast Deepwater Trawl Sector

(1) AFMA must, on receiving an application from a person, grant to the person a first fishing permit for the East Coast Deepwater Trawl Sector if, immediately before the end of the period specified in a notice published in relation to the fishery under section 24 of the Act, the person was:

(a) the holder of a fishing permit (the previous permit) granted by AFMA, authorising fishing by trawl methods in waters within the Sector; and

(b) the owner of a boat statutory fishing right option arising from the revocation of the South East Trawl Fishery Management Plan 1998.

(2) A fishing permit granted under subsection (1) must authorise the person to use only the same fishing gear as the person could use under the previous permit.

Part 7 Obligations applying to holders of fishing concessions

45 Purpose of Part 7

(1) The purpose of Part 7 is to impose obligations on all holders of fishing concessions.

(2) For sections 38, 39 and 95 of the Act, an obligation imposed on the holder of a fishing concession by this Part is a condition of the fishing concession.

46 General obligations

(1) The holder of a quota statutory fishing right must not take an amount of fish of a quota species that, at that time, exceeds the quota that may be taken under the right, unless section 22 or 23 applies to the holder.

(2) The holder of a fishing concession must:

(a) comply with this Management Plan; and

(b) comply with any direction given under paragraph 17 (5A) (a) of the Act in relation to the fishery; and

(d) take all reasonable measures to ensure that by‑catch, and the impact of fishing operations on the marine environment, are kept to a minimum; and

(e) take all reasonable steps to minimise the loss of fishing gear; and

(f) ensure that all fish unloaded from the fishery are unloaded within Australia or an external Territory; and

(g) if required by AFMA to do so, permit a person nominated by AFMA to travel as a fishery observer on board the boat being used to take fish under the fishing concession; and

(h) if required by AFMA to do so, give AFMA reasonable access to biological, economic or technical information, or biological samples that are available to the holder.

(3) However, paragraph (2) (f) does not apply if the holder receives written approval from AFMA before landing the catch outside Australia or an external Territory.

(4) The holder of a statutory fishing right must ensure that the following documents are carried on board the nominated boat at all times:

(a) the extract, or a copy of the extract, mentioned in paragraph 31 (4) (b);

(b) any logbooks specified in the extract mentioned in paragraph (a).

Note 1 See subsections 22 (3), (4) and (5) of the Act for additional obligations to which a statutory fishing right is subject.

Note 2 See subsections 32 (5), (6), (7) and (8) of the Act in relation to obligations to which a fishing permit is subject.

Note 3 The holder of a fishing concession must also comply with the Act and with any regulations applying to the fishery, including the Fisheries Management Regulations 1992, and the annual levy Regulations.

Note 4 See section 38 of the Act in relation to AFMA’s power to suspend a fishing concession if it has reasonable grounds to believe that there has been a breach of an obligation to which the concession is subject.

Note 5 See Part 8 of this Management Plan about directions given under paragraph 17 (5A) (a) of the Act.

47 Obligations relating to interactions with certain species and communities

(1) The holder of a fishing concession must take all reasonable steps to avoid interactions with:

(a) cetaceans; and

(b) listed threatened species, listed migratory species and listed marine species; and

(2) The holder of a fishing concession must, if the activities of the nominated boat for the purposes of the concession result in an interaction with a species or community mentioned in subsection (1):

(a) record details of the interaction in a logbook kept for that purpose; and

(b) if there is a fishery observer on the boat:

(i) immediately tell the fishery observer about the interaction, and allow the fishery observer to observe its consequences; and

(ii) give whatever assistance is necessary for the fishery observer to collect any data, or make any observations, requested by AFMA; and

(c) if the interaction results in an injury to a member of the species or community — do everything that can practicably be done to give aid to it; and

(d) if the interaction results in the death of a member of the species or community and it is necessary to discharge its carcass — discharge the carcass from the boat in a way that does not attract birds or mammals to the boat; and

(e) if the interaction results in the death of, or an injury to, a member of the species or community — report the interaction in accordance with regulations made for the purposes of this paragraph.

48 Obligations relating to the carrying of fish

(1) The holder of a fishing concession:

(a) must ensure that the nominated boat for the purposes of the concession does not carry fish caught by another boat; and

(b) must ensure that fish is not moved from the nominated boat to another boat.

(2) However, this section does not apply if the holder receives written approval from AFMA before:

(a) the nominated boat carries fish caught by another boat; or

(b) fish is moved from the nominated boat to another boat while at sea.

49 Obligation relating to unloading fish of a quota species taken under State or Territory permit

(1) The holder of a fishing concession must ensure that fish:

(a) belonging to a quota species; and

(b) taken under a permit, however described, that is issued under a law of a State or Territory;

is unloaded from the nominated boat for the purposes of the concession before the boat is used to undertake a fishing activity under the concession.

(2) However, this section does not apply if the holder receives written approval from AFMA before undertaking a fishing activity under the concession while fish of a kind mentioned in subsection (1) are on the boat.

50 Obligation relating to unloading fish of a quota species before fishing under State or Territory permit

(1) The holder of a fishing concession must ensure that fish:

(a) belonging to a quota species; and

(b) taken under the concession;

is unloaded from the nominated boat for the purposes of the concession before the boat is used to undertake a fishing activity for a quota species under a permit, however described, that is issued under a law of a State or Territory.

(2) However, this section does not apply if the holder receives written approval from AFMA before undertaking a fishing activity mentioned in subsection (1) while fish of a kind mentioned in that subsection are on the boat.

51 Obligations relating to areas in which holder can fish

(1) The holder of a fishing concession must ensure that the nominated boat for the purposes of the concession is not used, on a trip, to fish:

(a) in more than one of the following areas:

(i) the high seas;

(ii) the AFZ; or

(b) for a quota species in more than one zone of the fishery, described in Part 3 of Schedule 1.

Note For quota species, see Schedule 2.

(2) However, the holder may undertake an activity mentioned in subsection (1) if, before the trip:

(a) the holder ensures that AFMA is given notice, in the approved form, of the holder’s intention to undertake the activity; and

(b) AFMA gives the holder written notice:

(i) stating that the holder may undertake the activity; and

(ii) either:

(A) specifying any additional obligation to which the concession is subject for the purposes of undertaking the activity; or

(B) stating that there are no additional obligations to which the concession is subject for those purposes.

52 Obligation relating to inspection of nominated boat

If AFMA requests that the nominated boat for the purposes of a fishing concession be made available for inspection at a port or other location specified in the request, the holder of the concession must ensure that the nominated boat is made available for inspection in accordance with the request.

53 Obligations relating to disposal of fish landed from the fishery

(1) The holder of a fishing concession must ensure that fish landed from the fishery is disposed of (whether by sale or otherwise) only to the holder of a fish receiver permit.

(2) Also, the holder must ensure that fish landed from the fishery is only disposed of (whether by sale or otherwise) if it has not been processed.

(3) For subsection (2), processing does not include gilling, gutting or heading.

(4) However, the holder may dispose of fish other than in accordance with subsection (1) or (2) if, before the trip:

(a) the holder ensures that AFMA is given notice, in the approved form, of the holder’s intention to dispose of fish other than in accordance with subsection (1) or (2); and

(b) AFMA gives the holder written notice:

(i) stating that the holder may dispose of fish other than in accordance with subsection (1) or (2); and

(ii) either:

(A) specifying any additional obligation to which the concession is subject for the purposes of disposing of fish other than in accordance with subsection (1) or (2); or

(B) stating that there are no additional obligations to which the concession is subject for those purposes.

54 Special obligation of holders of GAB Trawl boat statutory fishing rights

(1) The holder of a GAB Trawl boat statutory fishing right must ensure that all fish is unloaded from the nominated boat for the purposes of the right before the nominated boat is moved:

(a) from the Commonwealth GAB Trawl Sector to the Commonwealth Trawl Sector; or

(b) from the Commonwealth Trawl Sector to the Commonwealth GAB Trawl Sector.

(2) However, this section does not apply if the holder receives written approval from AFMA before moving the nominated boat between the sectors mentioned in subsection (1).

55 Special obligation of holders of scalefish hook boat statutory fishing rights

The holder of a scalefish hook boat statutory fishing right must not take from the Commonwealth Scalefish Hook Sector an amount (by weight) of fish of a quota species mentioned in items 21 to 24 of Schedule 2 greater than the lesser of:

(a) the amount specified on the right; and

(b) the amount that, in the absence of this section, the holder could take under the holder’s quota statutory fishing rights.

Part 8 Directions not to engage in fishing

56 Directions by AFMA (Act s 17 (5A))

(1) AFMA may direct that fishing, or a specified kind of fishing, is not to be engaged in in the fishery, or in a specified part of the fishery, during a specified period.

Note Subsection 17 (5B) of the Act provides that a direction given under paragraph 17 (5A) (a) of the Act may identify a part of the fishery in any way, including by reference to an area, a quota species or type of fish, a kind or quantity of fishing equipment, a method of fishing, or a combination of those ways.

(2) Before giving a direction, AFMA:

(a) must consult, and consider the views of, each relevant management advisory committee about the content of the direction; and

(b) may consider the views (if any) of any other interested person.

(3) AFMA must give each holder of a fishing concession written notice of the direction at least 7 days before the direction takes effect.

(4) However, if a direction is given in an emergency:

(a) subsections (2) and (3) do not apply; and

(b) AFMA must, as soon as practicable, give each holder of a fishing concession written notice about the direction.

(5) The holder of a fishing concession must comply with a direction given under this section.

Note 1 The owner of a statutory fishing right must comply with obligations imposed under paragraph 17 (6) (g) of the Act: see sections 22 and 95 of the Act.

Note 2 The Act does not state reasons why AFMA may direct that fishing is not to be engaged in in the fishery. Directions may be given to protect areas from the effects of fishing gear on the benthos or to protect listed marine species, listed migratory species, listed threatened ecological communities or listed threatened species.

Part 9 Miscellaneous

57 Replacement certificates

(1) If a certificate issued by AFMA for a statutory fishing right is lost, stolen, destroyed or otherwise not available to the holder, the holder may ask AFMA, in writing, for a replacement certificate.

(2) The request must include:

(a) an explanation of why the certificate is unavailable; and

(b) an undertaking that the holder will surrender the certificate to AFMA if it becomes available.

58 Delegation

AFMA may, by writing under its common seal, delegate to an officer of AFMA any of its powers or functions under this Management Plan, except its powers under Part 3 and section 56.

Note See subsection 17 (11) of the Act about the delegation of powers under Part 3 and section 56.

59 Agents

(1) If the holder of a fishing concession appoints a person to be the holder’s agent in relation to any matter to which this Management Plan applies, the holder must give AFMA a notice specifying the name of the agent and the powers that may be exercised by the agent.

(2) A notice must be accompanied by the instrument, or a certified copy of the instrument, by which the holder appointed the agent.

(3) For this Management Plan, the appointment of an agent by the holder of a statutory fishing right is of no effect unless AFMA has been notified of the appointment under subsection (1).

(4) For the purpose of making a decision about an application under a provision of this Management Plan:

(a) AFMA may assume that a notice given under this section is properly given; and

(b) AFMA is under no duty to verify, by other means, the authority of an agent to make the application.

60 Notices

(1) In this section:

address means:

(a) for the holder of a statutory fishing right — the holder’s address stated in the Register; and

(b) for the holder of a fishing permit — the last address recorded by AFMA for the holder of the permit.

fax number means:

(a) for the holder of a statutory fishing right — the holder’s address stated in the Register; and

(b) for the holder of a fishing permit — the last address recorded by AFMA for the holder of the permit.

notice means a notice that is required, or allowed, by this Management Plan to be given in writing.

working day, in a place, means a day that is not:

(a) a Saturday or Sunday; or

(b) a public holiday in the place.

(2) A notice to the holder of a fishing concession is taken to be given to the holder if it is:

(a) delivered to the holder’s residential or office address; or

(b) posted to the holder’s postal address; or

(d) sent by e‑mail to the holder’s e‑mail address.

(3) A notice given to the holder of a fishing concession under this section is taken to have been given to the holder:

(a) if the notice is delivered to the holder’s residential or office address — on the day when it is delivered; and

(b) if the notice is sent by fax to the holder’s fax number, or by e‑mail to the holder’s e‑mail address:

(i) 24 hours after the notice is sent; or

(ii) if that period does not end between 9 am and 5 pm on a working day in the place to which the notice is sent — at 9 am on the next working day in that place.

Note Under subsection 160 (1) of the Evidence Act 1995, it is presumed (unless evidence is presented that is sufficient to raise doubt about the presumption) that a postal article sent by pre‑paid post addressed to a person at a specified address in Australia, or in an external Territory, was received at that address on the fourth working day after it was posted.

(4) A notice to AFMA must be addressed to the Manager, Business and Licensing, Australian Fisheries Management Authority, and:

(a) delivered to the reception desk at:

John Curtin House

22 Brisbane Avenue

BARTON ACT; or

(b) posted to:

Box 7051

CANBERRA BC ACT 2610; or

(02) 6272 5426; or

(d) sent by e‑mail to:

licensing@afma.gov.au; or

(e) delivered, posted or sent by fax or e‑mail to another office address, postal address, fax number or e‑mail address notified by AFMA by notice published in a newspaper circulating in the State or Territory in which the address or fax receiver is located.

Part 10 Transitional

61 Transitional — general

(1) This section ceases to have effect on the day specified in a notice published in the Gazette under subsection (2).

(2) AFMA must publish a notice in the Gazette stating that this section ceases to have effect on a day specified in the notice.

(3) The day specified in a notice under subsection (2) must not be earlier than the day on which the notice is published.

(4) Despite section 20, a person may engage in fishing in the fishery if the person holds a fishing permit that would, in the absence of this Management Plan, permit fishing in the fishery.

(5) This Management Plan does not affect a fishing permit that authorises fishing in the fishery, or a condition to which the permit is subject.

(6) This Management Plan does not prevent AFMA from granting or transferring a fishing permit that authorises fishing in the fishery.

62 Transitional — quota species

(1) The notice published under section 61 may provide that this section has effect, for a quota species, from the day on which section 61 ceases to have effect until the day specified in a notice published in the Gazette under subsection (2) for that species.

(2) For each quota species for which this section has effect, AFMA must publish a notice in the Gazette stating that this section ceases to have effect on a day specified in the notice.

(3) The day specified in a notice under subsection (2) must not be earlier than the day on which the notice is published.

(4) Despite section 20, a person may engage in fishing for a quota species for which this section has effect in a part of the area of the fishery if the person holds a boat statutory fishing right or fishing permit that authorises the person:

(a) to fish in that part of the area of the fishery; and

(b) to take an amount of fish of that species.

63 Transitional — right to fish in the Commonwealth GAB Trawl Sector

(1) This section ceases to have effect on the day when the Great Australian Bight Trawl Fishery Management Plan is revoked.

(2) A person may fish in the Great Australian Bight Trawl Fishery if the person is, or is acting for, the holder of:

(a) a statutory fishing right granted under section 31 of the Act for that fishery; or

(b) a fishing permit or scientific permit for that fishery;

in force immediately before the commencement of this Management Plan.

Schedule 1 Area of fishery

(section 3)

Part 1 Area of fishery

1 Area of fishery

The area of the fishery is the part of the AFZ (including coastal waters that, under section 76 of the Act, are taken to be part of the AFZ for the purposes of the application of the Act to the fishery) that includes:

(a) the area described as the Commonwealth Gillnet Sector or Commonwealth Shark Hook Sector (clause 1 of Part 2 of this Schedule); and

(b) the area described as the Commonwealth Scalefish Hook Sector (clause 2 of Part 2 of this Schedule); and

(d) the area described as the Commonwealth Trawl Sector (clause 4 of Part 2 of this Schedule); and

(e) the area described as the East Coast Deepwater Trawl Sector (clause 5 of Part 2 of this Schedule); and

(f) the area described as the Tasmanian Rock Lobster Sector (clause 6 of Part 2 of this Schedule); and

(g) the area described as the South Australian Coastal Waters Sector (clause 7 of Part 2 of this Schedule); and

(h) the area described as the Tasmanian Coastal Waters Sector (clause 8 of Part 2 of this Schedule); and

(i) the area described as the Victorian Coastal Waters Sector (clause 9 of Part 2 of this Schedule).

Part 2 Sectors of the fishery

1 Area of Commonwealth Gillnet Sector or Commonwealth Shark Hook Sector

The area of the Commonwealth Gillnet Sector or Commonwealth Shark Hook Sector is the part of the AFZ bounded by a line beginning at the intersection of the outer limit of coastal waters off south‑eastern Australia with the geodesic that is a continuation of the landward boundary between New South Wales and Victoria, and running progressively as described in the following table (excluding any coastal waters).

Item	Description
1	South‑easterly along that geodesic to its intersection with the outer limit of the AFZ
2	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
3	North along that boundary to its intersection with the outer limit of coastal waters off southern Australia
4	Generally easterly along the outer limit of the coastal waters of South Australia and Victoria to the point where the line began

2 Area of Commonwealth Scalefish Hook Sector

The area of the Commonwealth Scalefish Hook Sector is the part of the AFZ bounded by a line beginning at 24 29 54 S, 154 40 04 E, and running progressively as described in the following table (excluding any coastal waters and waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).

Item	Description
1	East along the parallel of latitude 24 29 54 S to its intersection with the outer limit of the AFZ
2	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
3	North along that boundary to its intersection with the outer limit of coastal waters off southern Australia
4	Generally easterly along the outer limit of the coastal waters of South Australia and Victoria to its intersection with the boundary between the adjacent areas of New South Wales and Victoria
5	South‑easterly along the boundary between the adjacent areas of New South Wales and Victoria to 37 34 54 S, 150 10 04 E
6	East along that parallel to its intersection with the meridian of longitude 151 35 04 E
7	North‑easterly along the geodesic to 29 59 54 S, 154 40 04 E
8	North along the meridian of longitude 154 40 04 E to the point where the line began

3 Area of Commonwealth GAB Trawl Sector

The area of the Commonwealth GAB Trawl Sector is the part of the AFZ bounded by a line beginning at the intersection of the 200 metre isobath south of Australia with the meridian of longitude 115 08 06 E, and running progressively as described in the following table.

Item	Description
1	South along that meridian to its intersection with the outer limit of the AFZ
2	Generally easterly along that outer limit to its intersection with the meridian of longitude 138 08 05 E
3	North along that meridian to its intersection with the parallel of latitude 37 05 55 S
4	Westerly along the geodesic to 37 02 55 S, 137 47 05 E
5	North‑westerly along the geodesic to 36 48 55 S, 137 24 05 E
6	Westerly along the geodesic to 36 36 55 S, 136 47 05 E
7	North along that meridian to its intersection with the parallel of latitude 36 29 55 S
8	West along that parallel to its intersection with the meridian of longitude 136 10 05 E
9	North‑westerly along the geodesic to 35 49 55 S, 135 36 05 E
10	Westerly along the geodesic to 35 26 55 S, 134 48 05 E
11	North‑westerly along the geodesic to 35 09 55 S, 134 25 05 E
12	Westerly along the geodesic to 34 52 55 S, 133 25 05 E
13	North along that meridian to its intersection with the parallel of latitude 34 41 55 S
14	North‑westerly along the geodesic to 33 55 55 S, 132 30 05 E
15	Westerly along the geodesic to 33 40 55 S, 132 00 05 E
16	North along that meridian to its intersection with the parallel of latitude 32 39 55 S
17	West along that parallel to its intersection with the boundary between the adjacent areas of South Australia and Western Australia
18	North along that boundary to its intersection with the outer limit of coastal waters off southern Australia
19	Generally westerly along the outer limit of the coastal waters of Western Australia to its intersection with the meridian of longitude 125 00 05 E
20	South along that meridian to its intersection with the 200 metre isobath
21	Generally westerly along that isobath to the point where the line began

4 Area of Commonwealth Trawl Sector

The area of the Commonwealth Trawl Sector is the part of the AFZ that is within the area bounded by a line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33 34 54 S, and running progressively as described in the following table (excluding any coastal waters).

Item	Description
1	East along that parallel to its intersection with the meridian of longitude 156 10 04 E
2	South along that meridian to its intersection with the outer limit of the AFZ
3	Generally southerly and westerly along that outer limit to its intersection south of Australia with the meridian of longitude 138 08 05 E
4	North along that meridian to its intersection with the outer limit of the coastal waters of South Australia
5	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

5 Area of East Coast Deepwater Trawl Sector

The area of the East Coast Deepwater Trawl Sector is the part of the AFZ bounded by a line beginning at 24 29 54 S, 154 40 04 E, and running progressively as described in the following table (excluding waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).

Item	Description
1	South along that meridian to its intersection with the parallel of latitude 29 59 54 S
2	South‑westerly along the geodesic to 33 34 54 S, 153 16 58 E
3	East along that parallel to its intersection with the meridian of longitude 156 10 04 E
4	South along that meridian to its intersection with the outer limit of the AFZ
5	Generally south‑easterly and northerly along that outer limit to its intersection with the parallel of latitude 24 29 54 S
6	West along that parallel to the point where the line began

6 Area of Tasmanian Rock Lobster Sector

The area of the Tasmanian Rock Lobster Sector is the part of the AFZ bounded by a line beginning at 39 59 55 S, 140 57 59 E, and running progressively as described in the following table.

Item	Description
1	South along that meridian to its intersection with the outer limit of the AFZ
2	Generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 39 11 54 S
3	West along that parallel to its intersection with the meridian of longitude 143 40 05 E
4	South along that meridian to its intersection with the parallel of latitude 39 59 55 S
5	West along that parallel to the point where the line began

7 Area of South Australian Coastal Waters Sector

The area of the South Australian Coastal Waters Sector is the coastal waters of South Australia.

8 Area of Tasmanian Coastal Waters Sector

The area of the Tasmanian Coastal Waters Sector is the coastal waters of Tasmania.

9 Area of Victorian Coastal Waters Sector

The area of the Victorian Coastal Waters Sector is the coastal waters of Victoria, except the following areas, as described in Schedule Seven of the National Parks Act 1975 of Victoria, as in force at the commencement of this Management Plan:

(a) Bunurong Marine National Park;

(b) Ninety Mile Beach Marine National Park;

(d) Point Hicks Marine National Park;

(e) Port Phillip Heads Marine National Park;

(f) Wilsons Promontory Marine National Park.

Part 3 Zones of the fishery

1 Gemfish eastern zone

The gemfish eastern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the southernmost intersection of the meridian of longitude 146 22 00 E with the coastline of Victoria at low water, and running progressively as described in the following table (excluding waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).

Item	Description
1	South along that meridian to its intersection with the northern coastline of Tasmania at low water
2	Generally easterly, southerly, westerly and northerly along the coastline of Tasmania at low water to its westernmost intersection with the parallel of latitude 42 00 00 S
3	West along that parallel to its intersection with the outer limit of the AFZ
4	Generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 24 29 54 S
5	West along that parallel to its intersection with the meridian of longitude 154 40 04 E
6	South along that meridian to its intersection with the parallel of latitude 29 59 54 S
7	South‑westerly along the geodesic to 33 34 54 S, 153 16 58 E
8	West along that parallel to its intersection with the outer limit of the coastal waters of New South Wales
9	Generally southerly along that outer limit to its intersection with the boundary between the adjacent areas of New South Wales and Victoria
10	North‑westerly along that boundary to its intersection with the south‑eastern coastline of mainland Australia at low water
11	Generally westerly along the coastline of Victoria at low water to the point where the line began

2 Gemfish western zone

The gemfish western zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the meridian of longitude 115 08 06 E with the 200 metre isobath south of Australia, and running progressively as described in the following table.

Item	Description
1	South along that meridian to its intersection with the outer limit of the AFZ
2	Generally easterly and south‑easterly along that outer limit to its first intersection with the parallel of latitude 42 00 00 S
3	East along that parallel to its intersection with the western coastline of Tasmania at low water
4	Generally northerly and easterly along the coastline of Tasmania at low water to its northernmost intersection with the meridian of longitude 146 22 00 E
5	North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6	Generally westerly along the southern coastline of mainland Australia at low water to its intersection with the boundary between South Australia and Western Australia
7	South along that boundary to the outer limit of coastal waters south of Australia
8	Generally westerly along the outer limit of the coastal waters of Western Australia to its intersection with the meridian of longitude 125 00 05 E
9	South along that meridian to its intersection with the 200 metre isobath
10	Generally westerly along that isobath to the point where the line began

3 North‑eastern remote zone

The north‑eastern remote zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33 34 54 S, and running progressively as described in the following table.

Item	Description
1	East along that parallel to its intersection with the meridian of longitude 156 10 04 E
2	South along that meridian to its intersection with the outer limit of the AFZ
3	Generally southerly along that outer limit to its intersection with the parallel of latitude 39 30 00 S
4	West along that parallel to its intersection with the meridian of longitude 146 22 00 E
5	North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6	Generally north‑easterly along the coastline of Victoria at low water to its intersection with the boundary between New South Wales and Victoria
7	South‑easterly along the boundary between the coastal waters of New South Wales and Victoria to its intersection with the outer limit of coastal waters
8	Generally northerly along the outer limit of the coastal waters of New South Wales to the point where the line began

4 Orange roughy Cascade Plateau zone

The area of the orange roughy Cascade Plateau zone of the fishery is the part of the fishery that is within the area bounded by a circle with its centre at 43 55 06 S, 150 28 11 E, and a radius of 15 nautical miles.

5 Orange roughy eastern zone

The orange roughy eastern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the meridian of longitude 146 22 00 E with the northern coastline of Tasmania at low water, and running progressively as described in the following table.

Item	Description
1	North along that meridian to its intersection with the parallel of latitude 39 30 00 S
2	East along that parallel to its intersection with the outer limit of the AFZ
3	Generally southerly along that outer limit to its intersection with the parallel of latitude 43 10 00 S
4	West along that parallel to its easternmost intersection with the eastern coastline of Tasmania at low water
5	Generally northerly and westerly along the coastline of Tasmania at low water to the point where the line began

6 Orange roughy southern zone

The orange roughy southern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the easternmost intersection of the eastern coastline of Tasmania at low water with the parallel of latitude 43 10 00 S, and running progressively as described in the following table.

Item	Description
1	East along that parallel to its intersection with the meridian of longitude 149 30 00 E
2	South along that meridian to its intersection with the parallel of latitude 45 00 00 S
3	West along that parallel to its intersection with the outer limit of the AFZ
4	Generally north‑westerly along that outer limit to its intersection with the parallel of latitude 42 00 00 S
5	East along that parallel to its intersection with the western coastline of Tasmania at low water
6	Generally southerly, easterly and northerly along the coastline of Tasmania at low water to the point where the line began

7 Orange roughy western zone

The orange roughy western zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the southernmost intersection of the meridian of longitude 138 08 05 E with the coastline of South Australia at low water, and running progressively as described in the following table.

Item	Description
1	South along that meridian to its intersection with the outer limit of the AFZ
2	Generally south‑easterly along that outer limit to its first intersection with the parallel of latitude 42 00 00 S
3	East along that parallel to its intersection with the western coastline of Tasmania at low water
4	Generally northerly and easterly along the coastline of Tasmania at low water to its northernmost intersection with the meridian of longitude 146 22 00 E
5	North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6	Generally westerly along the southern coastline of mainland Australia at low water to the point where the line began

8 Southern remote zone

The southern remote zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the parallel of latitude 43 10 00 S with the meridian of longitude 149 30 00 E, and running progressively as described in the following table (excluding any waters within the orange roughy Cascade Plateau zone).

Item	Description
1	South along that meridian to its point of intersection with the parallel of latitude 45 00 00 S
2	West along that parallel to its point of intersection with the outer limit of the AFZ
3	Generally southerly and easterly along that outer limit to its intersection with the meridian of longitude 146 30 05 E
4	North along that meridian to its intersection with the parallel of latitude 46 26 02 S
5	East along that parallel to its first intersection with the outer limit of the AFZ
6	Generally north‑easterly along that outer limit to its intersection with the parallel of latitude 43 10 00 S
7	West along that parallel to the point where the line began

9 South Tasman Rise zone

The South Tasman Rise zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the parallel of latitude 46 26 02 S with the meridian of longitude 146 30 05 E, and running progressively as described in the following table.

Item	Description
1	South along that meridian to its intersection with the outer limit of the AFZ
2	Generally north easterly along that outer limit to its intersection with the parallel of latitude 46 26 02 S
3	West along that parallel to the point where the line began

10 GAB eastern zone

The GAB eastern zone is the part of the fishery that is within the Commonwealth GAB Trawl Sector and east of the meridian of longitude 136 E.

11 GAB Albany zone

The GAB Albany zone is the part of the fishery that is within the area formed by a line beginning at the intersection of the meridian of longitude 118andthe parallel of latitude   S and running progressively as described in the following table.

Item	Description
1	South along the meridian of longitude 118  to the intersection with the parallel of latitude 35  S
2	East along the parallel of latitude 35  S to the intersection with the meridian of longitude 118  
3	North along the meridian of longitude 118 to the parallel of latitude 35  S
4	Generally westerly to the point where the line began

12 GAB Esperance zone

The GAB Esperance zone is the part of the fishery that is within the area formed by a line beginning at the intersection of the meridian of longitude 125 and the parallel of latitude   S and running progressively as described in the following table.

Item	Description
1	South along the meridian of longitude 125 to the intersection with the parallel of latitude 34  S
2	Generally easterly to the intersection of the meridian of longitude 126 20 E and the parallel of latitude 34 S
3	North along the meridian of longitude 126 20 E to the intersection with the parallel of latitude 33 46 S
4	Generally westerly to the point where the line began

Schedule 2 Quota species

(section 3)

Item	Quota species	Scientific name
1	Blue eye trevalla	Hyperoglyphe antarctica
		Schedophilus labyrinthica
2	Blue grenadier	Macruronus novaezelandae
3	Blue warehou	Seriolella brama
4	Flathead	Neoplatycephalus aurimaculatus
		Neoplatycephalus richardsoni
		Platycephalus bassensis
		Platycephalus caeruleopunctatus
		Platycephalus speculator
5	Gemfish (eastern)	Rexea solandri
6	Gemfish (western)	Rexea solandri
7	Jackass morwong	Nemadactylus macropterus
8	John dory	Zeus faber
9	Pink ling	Genypterus blacodes
10	Mirror dory	Zenopsis nebulosis
11	Ocean perch	Helicolenus species
12	Redfish	Centroberyx affinis
13	Royal red prawn	Haliporoides sibogae
14	School whiting	Sillago flindersi
15	Silver trevally	Pseudocaranx dentex
16	Spotted warehou	Seriolella punctata
17	Orange roughy (eastern)	Hoplostethus atlanticus
18	Orange roughy (western)	Hoplostethus atlanticus
19	Orange roughy (southern)	Hoplostethus atlanticus
20	Orange roughy (Cascade Plateau)	Hoplostethus atlanticus
21	School shark	Galeorhinus galeus
22	Gummy shark	Mustelus antarcticus
23	Elephant fish	Members of the Families Callorhinchidae, Chimaeridae and Rhinochimaeridae
24	Saw shark	Pristiophorus cirratus
		Pristiophorus nudipinnis
25	Alfonsino	Beryx splendens
26	Bight redfish	Centoberyx gerrardi
27	Deepwater flathead	Neoplatycephalus conatus
28	Orange roughy (GAB Albany and Esperance zones)	Hoplostethus atlanticus

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003	1 Oct 2003 (see Gazette 2003, No. GN39)	1 Oct 2003
Southern and Eastern Scalefish and Shark Fishery Plan of Management Amendment 2005 (No. 1)	21 Oct 2005 (see F2005L03250)	22 Oct 2005	—

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3.................	am. 2005 No. 1
S. 20.................	am. 2005 No. 1
S, 27.................	am. 2005 No. 1
S. 28.................	am. 2005 No. 1
Schedule 1
Schedule 1............	am. 2005 No. 1
Schedule 2
Schedule 2............	am. 2005 No. 1