The AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY determines this amendment of the Western Tuna and Billfish Fishery Management Plan 2005 under section 20 of the Fisheries Management Act 1991.

Dated 26 October 2006

PETER WITHERIDGE

Common seal of the Australian Fisheries Management Authority

Accepted on 7 November 2006

ERIC ABETZ

Minister for Fisheries, Forestry and Conservation

1 Name of Management Plan Amendment

  This Management Plan Amendment is the Western Tuna and Billfish Fishery Management Plan Amendment 2006 (No. 1).

2 Commencement

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

3 Amendment of Western Tuna and Billfish Fishery Management Plan 2005

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

Schedule 1 Amendments

(section 3)

[1] Section 3, definition of WTBF Regulations

omit

2005.

insert

2006.

[2] Section 20, definition of best 2 years’ catches

substitute

best 2 years’ catches has the meaning given by section 20B.

[3] Section 20, after definition of high seas only permit

insert

notice period has the meaning given by subsection 23 (1).

[4] Section 20, after definition of relevant period

insert

sequence has the meaning given by section 20A.

[5] Section 20, definition of total of best catches

substitute

total of best catches, for a species of fish and a sequence of old longline permits or a sequence of old minor line permits, means the total of the best 2 years’ catches of that species taken in the fishery under all sequences of old longline permits or old minor line permits, as the case may be.

[6] After section 20

insert

20A Sequence of permits

 (1) For this Division, a sequence of old longline permits means a number of those permits:

 (a) each of which is connected to another of them; and

 (b) the earliest of which was in force during the relevant period and the latest of which was held by an eligible person at the end of the notice period.

 (2) For this Division, a sequence of old minor line permits means a number of those permits:

 (a) each of which is connected to another of them; and

 (b) the earliest of which was in force during the relevant period and the latest of which was held by an eligible person at the end of the notice period.

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

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

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

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

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

 (ii) applied to AFMA for the grant; and

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

 (4) In this Division, a reference to fish taken or caught, or longlines set, under a sequence of permits is a reference to fish taken or caught, or longlines set, under a permit or permits that form part of the sequence.

20B Meaning of best 2 years’ catches

  For this Division, the best 2 years’ catches for a species of fish and a sequence of old longline permits or a sequence of old minor line permits is determined as follows:

  Step 1.   Determine the 2 years, within the relevant period, during which the greatest calculated weight of fish of the species was taken under the sequence of permits.

  Step 2.   The best 2 years’ catches is the total calculated weight of that species taken under the sequence in the 2 years.

[7] Section 24

omit

held,

insert

held at the end of the notice period,

[8] Subsection 25 (1)

omit

held,

insert

held at the end of the notice period,

[9] Subsections 25 (2) and (3)

substitute

 (2) For paragraph (1) (a), the number of striped marlin SFRs is:

 (3) For paragraph (1) (b), the number of bigeye SFRs is:

where:

CH (or catch history) is:

M:F (or minor line – fishery ratio) is:

RPV (or relative permit value) is:

 (a) 0.001215; or

 (b) if the sequence of old minor line permits applied only to the old Southern Tuna and Billfish Fishery or only to the old Western Tuna and Billfish Fishery — 0.000911.

[10] Subsection 25 (4), definition of CH

substitute

CH is:

[11] Subsection 25 (5), definition of CH

substitute

CH is:

[12] Section 25, at the foot

insert

Note   The last in a sequence of old minor line permits or old longline permits is held by an eligible person at the end of the notice period: see section 20A.

[13] Subsection 26 (1)

omit

held,

insert

held at the end of the notice period,

[14] Subsections 26 (2) and (3)

substitute

 (2) For paragraph (1) (a), the number of striped marlin SFRs is:

 (3) For paragraph (1) (b), the number of bigeye SFRs is:

where:

CH (or catch history) is:

L:F (or longline – fishery ratio) is:

RPV (or relative permit value) is:

 (a) 0.013164; or

 (b) if the sequence of old longline permits applied only to the old Southern Tuna and Billfish Fishery or only to the old Western Tuna and Billfish Fishery — 0.008101.

SH (or set history) is calculated as follows:

  Step 1.   Determine the 2 years, within the relevant period, during which a longline was set under the sequence of old longline permits the greatest number of times.

  Step 2.   Count, from logbook records held by AFMA, the total number of times a longline was set under the sequence in the 2 years determined in Step 1, giving the best 2 years’ sets for the sequence.

  Step 3.   Calculate the total number of best 2 years’ sets for all sequences of old longline permits.

  Step 4.   Divide the best 2 years’ sets for the sequence of old longline permits by the result of Step 3, giving the set history for the sequence of permits.

[15] Subsection 26 (4), definition of CH

substitute

CH is:

[16] Subsection 26 (5), definition of CH

substitute

CH is:

[17] Section 26, after note 2

insert

Note 3   The last in a sequence of old minor line permits or old longline permits is held by an eligible person at the end of the notice period: see section 20A.

[18] Subsection 27 (1)

substitute

 (1) If:

 (a) an eligible person holds a sequence of permits; and

 (b) but for this section, fewer SFRs would be available to the eligible person under section 25 or 26 because of a serious misfortune suffered, during the relevant period, by the eligible person or a previous holder of a fishing permit in the sequence;

AFMA may:

 (c) in calculating the number of SFRs to be available to the eligible person under section 25 or 26, as the case requires, calculate the best 2 years’ catches of a species of fish under the sequence of permits by using, for the period of the serious misfortune, the average catch of the species in the fishery under all sequences of that kind (old longline or old minor line, as the case may be) during that period; and

 (d) in calculating the number of SFRs to be available to the eligible person under section 26, calculate the best 2 years’ sets for the relevant sequence of permits for Step 1 of the definition of SH in subsection 26 (3), by using, for the period of the serious misfortune, the average number of times a longline was set in the fishery under all sequences of old longline permits during that period.

[19] Section 27, at the foot

insert

Note   If the holder of an old longline permit or old minor line permit suffered a serious misfortune that affected the holder’s ability to fish under more than 1 permit, the total time of the misfortune is taken into account.