{"id":"F2002B00116","name":"Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002","slug":"fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"115 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31058,"registerId":"commonwealth-F2002B00116-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.","sortOrder":2},{"sectionNumber":"Part 5","sectionType":"part","heading":"Requirements for observers","content":"## Part 1—Introduction\n\n#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.\n\n#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.\n\n## Part 5—Requirements for observers\n\n### Division 5.2—Data collection officers\n\n#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n### Division 5.3—Safety assessment\n\n#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.\n\n#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.\n\n#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.\n\n## Part 6—Boat and fishing gear marking requirements\n\n#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.\n\n#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 7—Contingency arrangements in certain events\n\n### Division 7.1—Contingency arrangements—breakdown of meal plant\n\n#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.\n\n#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.\n\n#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).\n\n#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n### Division 7.2—Contingency arrangements—disposal of fish meal\n\n#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.\n\n#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n## Part 8—Inspection requirements\n\n#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.\n\n## Part 9—Packaging and unloading requirements\n\n#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 10—Application, saving and transitional provisions\n\n#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":3},{"sectionNumber":"Division 5.2","sectionType":"division","heading":"Data collection officers","content":"## Part 1—Introduction\n\n#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.\n\n#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.\n\n## Part 5—Requirements for observers\n\n### Division 5.2—Data collection officers\n\n#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n### Division 5.3—Safety assessment\n\n#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.\n\n#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.\n\n#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.\n\n## Part 6—Boat and fishing gear marking requirements\n\n#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.\n\n#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 7—Contingency arrangements in certain events\n\n### Division 7.1—Contingency arrangements—breakdown of meal plant\n\n#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.\n\n#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.\n\n#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).\n\n#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n### Division 7.2—Contingency arrangements—disposal of fish meal\n\n#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.\n\n#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n## Part 8—Inspection requirements\n\n#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.\n\n## Part 9—Packaging and unloading requirements\n\n#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 10—Application, saving and transitional provisions\n\n#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":4},{"sectionNumber":"15","sectionType":"section","heading":"Appointment of data collection officer","content":"#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.","sortOrder":5},{"sectionNumber":"16","sectionType":"section","heading":"Data collection officer’s duties","content":"#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.","sortOrder":6},{"sectionNumber":"17","sectionType":"section","heading":"Payment of data collection officer","content":"#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.","sortOrder":7},{"sectionNumber":"Division 5.3","sectionType":"division","heading":"Safety assessment","content":"## Part 1—Introduction\n\n#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.\n\n#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.\n\n## Part 5—Requirements for observers\n\n### Division 5.2—Data collection officers\n\n#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n### Division 5.3—Safety assessment\n\n#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.\n\n#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.\n\n#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.\n\n## Part 6—Boat and fishing gear marking requirements\n\n#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.\n\n#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 7—Contingency arrangements in certain events\n\n### Division 7.1—Contingency arrangements—breakdown of meal plant\n\n#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.\n\n#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.\n\n#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).\n\n#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n### Division 7.2—Contingency arrangements—disposal of fish meal\n\n#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.\n\n#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n## Part 8—Inspection requirements\n\n#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.\n\n## Part 9—Packaging and unloading requirements\n\n#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 10—Application, saving and transitional provisions\n\n#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":8},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of relevant boat","content":"#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.","sortOrder":9},{"sectionNumber":"19","sectionType":"section","heading":"Nominated surveyor’s inspection","content":"#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.","sortOrder":10},{"sectionNumber":"20","sectionType":"section","heading":"Declaration by owner or operator","content":"#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Boat and fishing gear marking requirements","content":"## Part 6—Boat and fishing gear marking requirements","sortOrder":12},{"sectionNumber":"21","sectionType":"section","heading":"Identification of International Telecommunications Union Radio/Call Sign (IRCS)","content":"#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.","sortOrder":13},{"sectionNumber":"22","sectionType":"section","heading":"Identification of marker buoys","content":"#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Contingency arrangements in certain events","content":"## Part 1—Introduction\n\n#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.\n\n#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.\n\n## Part 5—Requirements for observers\n\n### Division 5.2—Data collection officers\n\n#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n### Division 5.3—Safety assessment\n\n#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.\n\n#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.\n\n#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.\n\n## Part 6—Boat and fishing gear marking requirements\n\n#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.\n\n#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 7—Contingency arrangements in certain events\n\n### Division 7.1—Contingency arrangements—breakdown of meal plant\n\n#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.\n\n#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.\n\n#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).\n\n#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n### Division 7.2—Contingency arrangements—disposal of fish meal\n\n#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.\n\n#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n## Part 8—Inspection requirements\n\n#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.\n\n## Part 9—Packaging and unloading requirements\n\n#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 10—Application, saving and transitional provisions\n\n#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":15},{"sectionNumber":"Division 7.1","sectionType":"division","heading":"Contingency arrangements—breakdown of meal plant","content":"## Part 1—Introduction\n\n#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.\n\n#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.\n\n## Part 5—Requirements for observers\n\n### Division 5.2—Data collection officers\n\n#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n### Division 5.3—Safety assessment\n\n#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.\n\n#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.\n\n#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.\n\n## Part 6—Boat and fishing gear marking requirements\n\n#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.\n\n#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 7—Contingency arrangements in certain events\n\n### Division 7.1—Contingency arrangements—breakdown of meal plant\n\n#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.\n\n#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.\n\n#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).\n\n#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n### Division 7.2—Contingency arrangements—disposal of fish meal\n\n#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.\n\n#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n## Part 8—Inspection requirements\n\n#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.\n\n## Part 9—Packaging and unloading requirements\n\n#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 10—Application, saving and transitional provisions\n\n#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":16},{"sectionNumber":"23","sectionType":"section","heading":"Application of Division","content":"#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.","sortOrder":17},{"sectionNumber":"24","sectionType":"section","heading":"Mechanical breakdown of meal plant","content":"#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.","sortOrder":18},{"sectionNumber":"25","sectionType":"section","heading":"Report to AFMA","content":"#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).","sortOrder":19},{"sectionNumber":"26","sectionType":"section","heading":"Contingency arrangements for breakdown of meal plant","content":"#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.","sortOrder":20},{"sectionNumber":"27","sectionType":"section","heading":"When contingency arrangements do not apply","content":"#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.","sortOrder":21},{"sectionNumber":"Division 7.2","sectionType":"division","heading":"Contingency arrangements—disposal of fish meal","content":"## Part 1—Introduction\n\n#### 1 Name of Regulations\n\n  These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.\n\n#### 3 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Fisheries Management Act 1991.\n\n> IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.\n\n> Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.\n\n> nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.\n\n> office hours means the hours between 9 am and 4 pm on a day that is not a Saturday, Sunday, public holiday or bank holiday in Canberra.\n\n> safety assessment means an assessment conducted under Division 5.3.\n\n  (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.\n\n> Note: The following terms are defined in section 3 of the Management Plan:\n\n     area of the fishery\n     CCAMLR\n     fishery\n     nominated boat\n     observer\n     statutory fishing right.\n\n## Part 5—Requirements for observers\n\n### Division 5.2—Data collection officers\n\n#### 15 Appointment of data collection officer\n\n  (1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.\n  (2) The holder must not appoint a data collection officer:\n    (a) without AFMA’s written permission; or\n    (b) who is not accredited by AFMA; or\n    (c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 16 Data collection officer’s duties\n\n  (1) A data collection officer appointed under subregulation 15(1) must give any information he or she collects on the nominated boat to AFMA or AFMA’s agent.\n\nPenalty: 25 penalty units.\n\n  (2) The holder who appointed the data collection officer:\n    (a) must not direct the duties of the data collection officer; and\n    (b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and\n    (c) must ensure that the data collection officer works in cooperation with other observers on board the boat.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 17 Payment of data collection officer\n\n  (1) The holder of a statutory fishing right who appoints a data collection officer under subregulation 15(1) must pay the agency by whom the data collection officer is employed a fixed daily sum that:\n    (a) is not subject to the amount of fish caught; and\n    (b) does not include the payment of a bonus; and\n    (c) is not paid directly to the data collection officer.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n### Division 5.3—Safety assessment\n\n#### 18 Meaning of relevant boat\n\n  For this Division, a boat is a relevant boat if:\n    (a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and\n    (b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.\n\n#### 19 Nominated surveyor’s inspection\n\n  (1) The holder of a statutory fishing right for a relevant boat must, on request by the nominated surveyor for the boat, allow the nominated surveyor to inspect:\n    (a) all safety and lifesaving equipment on board the boat; and\n    (b) all areas of the boat that are proposed to be used by an observer, including:\n    (i) accommodation; and\n    (ii) bathing and meal areas; and\n    (iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.\n  (2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:\n    (a) statutory and classification society certificates;\n    (b) the ship’s log;\n    (c) the muster list;\n    (d) all certificates for lifesaving, safety equipment and medical outfit.\n\n#### 20 Declaration by owner or operator\n\n  (1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:\n    (a) make a written declaration that:\n    (i) the boat satisfies the survey requirements of:\n    (A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or\n    (B) any of the following classification societies:\n    (I) American Bureau of Shipping;\n    (II) Bureau Veritas;\n    (III) Det Norske Veritas;\n    (IV) Germanischer Lloyd;\n    (V) Lloyd’s Register of Shipping;\n    (VI) Nippon Kajii Kyokai; and\n    (ii) each officer has a valid certificate of competency; and\n    (b) allow the nominated surveyor to inspect the declaration.\n  (2) In this regulation:\n\n> AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.\n\n## Part 6—Boat and fishing gear marking requirements\n\n#### 21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, the boat’s IRCS is displayed in accordance with subregulations (2) and (3).\n\nPenalty: 25 penalty units.\n\n  (2) The IRCS must be shown on the boat’s deck and each side of the hull.\n  (3) The characters of the IRCS:\n    (a) must be in block form; and\n    (b) must be:\n    (i) white on a black background; or\n    (ii) black on a white background; and\n    (c) on the hull, must be:\n    (i) at least 1 metre high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 10 centimetres and no more than 12.5 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 16.6 centimetres; and\n    (d) on the deck, must be:\n    (i) at least 30 centimetres high; and\n    (ii) of a width that is proportionate to the height; and\n    (iii) for adjacent letters with sloping sides (for example, A and V)—separated by a space of at least 3 centimetres and no more than 3.75 centimetres; and\n    (iv) for any other characters—separated by a space of no more than 5 centimetres.\n  (4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.\n  (5) An offence against subregulation (1) is an offence of strict liability.\n\n#### 22 Identification of marker buoys\n\n  (1) The holder of a statutory fishing right must ensure that, when the holder’s nominated boat is in the area of the fishery, a marker buoy or similar object that belongs to the boat, and is used to indicate the location of fixed or set fishing gear, is clearly marked with the boat’s IRCS.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 7—Contingency arrangements in certain events\n\n### Division 7.1—Contingency arrangements—breakdown of meal plant\n\n#### 23 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:\n    (a) the meal plant on the holder’s nominated boat breaks down; and\n    (b) it is not practicable to retain all offal and bycatch on board the boat.\n\n#### 24 Mechanical breakdown of meal plant\n\n  (1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:\n    (a) tell the observers on board the nominated boat that the meal plant has broken down; and\n    (b) stop fishing; and\n    (c) if there is catch on board the nominated boat to be processed:\n    (i) move the boat at least 5 nautical miles from the fishing area; and\n    (ii) process the remainder of the catch; and\n    (iii) discharge all waste.\n\nPenalty: 25 penalty units.\n\n> Note: If it is necessary to discharge offal, AFMA recommends that the offal:\n\n    (a) be discharged whole rather than macerated; and\n    (b) not be discharged during trawling and shooting; and\n    (c) be discharged at night.\n\n> Note: If it is not practicable to discharge offal at night, or to avoid discharging offal during trawling or shooting, the holder may discharge the offal in whole, from the side of the boat and at any speed.\n\n  (2) Within 48 hours after the breakdown of the meal plant, the holder:\n    (a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or\n    (b) must give AFMA a report on the breakdown in accordance with regulation 25 and seek AFMA’s approval to adopt the contingency arrangements set out in subregulation 26(1).\n\nPenalty: 25 penalty units.\n\n  (3) If the breakdown of the meal plant occurs after office hours, the holder must notify the AFMA Duty Officer about the breakdown by telephone on:\n  0419 205 329.\n\nPenalty: 25 penalty units.\n\n  (4) In this regulation:\n\n> fishing area, for a nominated boat, means the area in which the nominated boat has undertaken fishing activities in the 120 hours before the breakdown of the boat’s meal plant.\n\n  (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.\n\n#### 25 Report to AFMA\n\n  (1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:\n    (a) the date, time, location and activity of the nominated boat when the breakdown occurred;\n    (b) the exact circumstances of the breakdown;\n    (c) the actions taken when the breakdown occurred, including:\n    (i) how soon fishing stopped after the breakdown; and\n    (ii) the approximate amount of fish processed; and\n    (iii) the location of the discharge of offal (if any);\n    (d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;\n    (e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;\n    (f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.\n  (2) The holder:\n    (a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (b) must send the report:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n  (3) As soon as practicable after receiving the report, AFMA must tell the holder:\n    (a) that AFMA has received the report; and\n    (b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).\n\n#### 26 Contingency arrangements for breakdown of meal plant\n\n  (1) For paragraph 24(2)(b), the following contingency arrangements apply:\n    (a) offal must not be discharged when:\n    (i) fishing gear is in the water; or\n    (ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;\n    (b) at least once a day and at different times, the observer must observe the offal discharge and record:\n    (i) the date, location, weather and sea conditions during the observation; and\n    (ii) the approximate amount of offal discharged during the observation; and\n    (iii) the behaviour of the discharge; and\n    (iv) the location and activity of the nominated boat during the discharge; and\n    (v) the interaction of seabirds and marine mammals with the discharge;\n    (c) the observer must try to collect random samples of the offal discharge for analysis.\n  (2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:\n    (a) must stop fishing in the area of the fishery; and\n    (b) must stow all fishing gear;\n  until after the meal plant is repaired.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n#### 27 When contingency arrangements do not apply\n\n  (1) If AFMA notifies the holder or master of the nominated boat that it is satisfied, on reasonable grounds, that the holder or master was aware, before leaving port, that the meal plant was not, or was likely not to be, working:\n    (a) the contingency arrangements in subregulation 26(1) do not apply; and\n    (b) the boat must return to port.\n  (2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (2) is an offence of strict liability.\n\n### Division 7.2—Contingency arrangements—disposal of fish meal\n\n#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.\n\n#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n## Part 8—Inspection requirements\n\n#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.\n\n#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.\n\n## Part 9—Packaging and unloading requirements\n\n#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.\n\n## Part 10—Application, saving and transitional provisions\n\n#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":22},{"sectionNumber":"28","sectionType":"section","heading":"Application of Division","content":"#### 28 Application of Division\n\n  This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:\n    (a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or\n    (b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.","sortOrder":23},{"sectionNumber":"29","sectionType":"section","heading":"Disposal of fish meal","content":"#### 29 Disposal of fish meal\n\n  (1) For subsection 28(5) of the Management Plan, the holder:\n    (a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and\n    (b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and\n    (c) must ensure that the observer records, in writing in the observer’s report to AFMA:\n    (i) the date, time and location of the discharge; and\n    (ii) the weather and sea conditions at the time of the discharge; and\n    (iii) the amount of fish meal discharged; and\n    (iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and\n    (v) the behaviour of the discharge; and\n    (vi) any interactions of birds or marine mammals with the fish meal.\n\nPenalty: 25 penalty units.\n\n  (2) The holder:\n    (a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and\n    (b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and\n    (c) must send the notice:\n    (i) by fax to:\n    612 6272 5784; or\n    (ii) by e‑mail to:\n    himie@afma.gov.au.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.","sortOrder":24},{"sectionNumber":"Part 8","sectionType":"part","heading":"Inspection requirements","content":"## Part 8—Inspection requirements","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"CCAMLR inspections","content":"#### 30 CCAMLR inspections\n\n  (1) The holder of a statutory fishing right must allow a CCAMLR inspector to board the holder’s nominated boat, and conduct an inspection, in accordance with the CCAMLR System of Inspection.\n\nPenalty: 25 penalty units.\n\n  (2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) In this regulation:\n\n> CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.\n\n> CCAMLR System of Inspection means the system described in the document called ‘Text of the CCAMLR System of Inspection’, as adopted by CCAMLR and in force at the commencement of this regulation.\n\n  (4) An offence against subregulation (1) or (2) is an offence of strict liability.","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Inspections when in port","content":"#### 31 Inspections when in port\n\n  (1) The holder of a statutory fishing right must, on request by a person, allow the person to inspect the holder’s nominated boat if:\n    (a) the boat is anchored or moored at a port in a State or Territory of Australia, or at a port in another country; and\n    (b) the person is authorised to inspect the boat under a law of the State, Territory or country.\n\nPenalty: 25 penalty units.\n\n  (2) If an inspection is conducted:\n    (a) at a port in a country other than Australia; and\n    (b) by a person who is authorised to do so under a law of that country relating to fisheries;\n  the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.\n\nPenalty: 25 penalty units.\n\n  (3) An offence against subregulation (1) or (2) is an offence of strict liability.","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Report on inspection","content":"#### 32 Report on inspection\n\n  (1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the date and time of the inspection;\n    (iii) the location of the boat when the inspection was conducted;\n    (iv) the nationality of the inspector; and\n    (b) must be:\n    (i) addressed to the AFMA Monitoring Section; and\n    (ii) sent by e‑mail to:\n    himie@afma.gov.au.","sortOrder":28},{"sectionNumber":"Part 9","sectionType":"part","heading":"Packaging and unloading requirements","content":"## Part 9—Packaging and unloading requirements","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Packaging and labelling of fish","content":"#### 33 Packaging and labelling of fish\n\n  (1) The holder of a statutory fishing right must ensure that:\n    (a) all fish taken under the right are packaged according to:\n    (i) species; and\n    (ii) the size grade of the fish, as assessed by the holder; and\n    (iii) the form of the fish after processing; and\n    (b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.\n\nPenalty: 25 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Unloading of fish—notice requirements","content":"#### 34 Unloading of fish—notice requirements\n\n  (1) The holder of a statutory fishing right must ensure that, at least 72 hours before the holder’s nominated boat arrives at a port or other place to unload fish, written notice in accordance with subregulation (2) is given to:\n    (a) AFMA; and\n    (b) if the port or place is within the territorial waters of a country other than Australia—the authorities in that country that are responsible for supervising the unloading of the fish.\n\nPenalty: 25 penalty units.\n\n  (2) For subregulation (1), the notice:\n    (a) must include the following details:\n    (i) the nominated boat’s name;\n    (ii) the nominated boat’s distinguishing symbol;\n    (iii) an estimate of the whole weight of each species of fish on board the boat;\n    (iv) the name of the port, or other place, at which the fish are to be unloaded;\n    (v) the estimated date and time that the boat will arrive at the port or place;\n    (vi) the estimated date and time that unloading is to commence at the port or place; and\n    (b) when given to AFMA, must be:\n    (i) addressed to AFMA Compliance; and\n    (ii) either:\n    (A) sent by fax to:\n    612 6272 5784; or\n    (B) sent by e‑mail to:\n    monitoring@afma.gov.au.\n\n> Note: The contact details for the authorities that are responsible for supervising the unloading of fish in countries other than Australia are available from AFMA on request.\n\n  (3) In this regulation:\n\n> distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.\n\n> whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.\n\n  (4) An offence against subregulation (1) is an offence of strict liability.","sortOrder":31},{"sectionNumber":"Part 10","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 10—Application, saving and transitional provisions","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025","content":"#### 35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025\n\n  (1) Regulation 8, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a trawl net before that commencement.\n  (2) Regulation 9, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a bobbin, or a rock hopper rubber disc, before that commencement.\n  (3) Regulation 10, as in force immediately before the commencement of the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025, continues to apply on and after that commencement in relation to the use of a net monitor cable before that commencement.","sortOrder":33}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains focused on implementing the Heard Island and McDonald Islands Fishery Management Plan by setting operational, safety, observer and reporting requirements for nominated boats and rights holders. The lone explicit scope change vehicle in the text is a transitional saving (regulation 35) that preserves pre‑amendment gear rules for particular past uses following a 2025 amendment; that is an adjustment to implementation timing rather than a substantive expansion of the regulatory subject matter. In short, the regulations continue to regulate the same fishery and same types of activity (observers, vessel safety, marking, contingency handling, inspections, packaging and unloading), so they have not materially grown beyond their original purpose."},"complexity_factors":["Multiple Parts and Divisions (10 Parts, with Divisions within Part 5 and Part 7) creating modular but dispersed obligations","Defined terms split between reg 3 and the externally referenced Management Plan (section 3 of the Plan defines additional key terms)","Frequent cross‑references to external instruments and bodies (Management Plan, CCAMLR System of Inspection, Navigation Act/AMSA, Fisheries Management Regulations 2019)","Numerous time‑sensitive reporting deadlines (48 hours for breakdowns and inspections; 72 hours for unloading notices; 120‑hour lookback for 'fishing area')","Many strict liability offences with the same penalty (25 penalty units) increasing legal exposure and enforcement simplicity","Conditional and nested rules (e.g. contingency arrangements apply only after AFMA approval; contingency exceptions where holder was aware pre‑departure) creating branching compliance paths (Regs 24–27)","Detailed, prescriptive technical requirements (precise IRCS character heights, widths and spacing on hull and deck) increasing compliance complexity (Reg 21)","Transitional/savings clause referencing a 2025 amendment that preserves earlier rules for certain pre‑commencement uses (Reg 35) — adds temporal conditionality","Operationally impactful commands (stop fishing, move 5 nm, stow gear) tied to technical triggers which require coordination between master, observers and AFMA"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- Apply to holders of statutory fishing rights and their nominated boats operating in the Heard Island and McDonald Islands fishery. (See regs 3, 15, 18.)\n\n- Observers and data collection officers\n  - A rights holder may appoint a data collection officer as an observer but only with AFMA's written permission; the officer must be AFMA‑accredited and employed by an agency on AFMA's Register of Accredited Agencies. (Reg 15.)\n  - Data collection officers must give any information they collect to AFMA or AFMA’s agent and must not be given crewing duties or directed in their duties by the rights holder; they must cooperate with other observers. (Reg 16.)\n  - The rights holder must pay the employing agency a fixed daily sum for the data collection officer; that sum must not vary with catch, include a bonus, or be paid directly to the officer. (Reg 17.)\n  - Breaches of these rules attract a penalty of 25 penalty units and are strict liability offences. (Regs 15–17.)\n\n- Safety assessments and surveyor powers\n  - Where a boat is being assessed for nomination, the nominated surveyor (nominated by AFMA) may inspect lifesaving/safety equipment and any areas an observer would use, and inspect certificates and the ship's log and muster list. (Regs 18–19.)\n  - The owner/operator must, on request, provide a written declaration that the vessel meets specified survey standards (AMSA certificate or listed international classification societies) and that officers hold valid competency certificates. (Reg 20.)\n\n- Boat and gear identification\n  - The boat’s International Telecommunications Union Radio/Call Sign (IRCS) must be displayed on the deck and each side of the hull in specified block form, colours and minimum sizes and spacing. (Reg 21.)\n  - Marker buoys used to mark fixed or set gear must be clearly marked with the boat’s IRCS. (Reg 22.)\n  - Failure to comply carries a 25 penalty unit fine and strict liability. (Regs 21–22.)\n\n- Contingency arrangements (meal plant breakdown and fish meal disposal)\n  - If a boat’s meal plant (processing equipment) breaks down and it is impracticable to retain offal/bycatch, the rights holder must tell observers, stop fishing, move at least 5 nautical miles from the fishing area to process remaining catch and discharge waste, and then either repair and report or seek AFMA approval for contingency arrangements within 48 hours. (Regs 23–25.)\n  - Contingency rules (when approved) restrict offal discharge (not while gear is in the water or while in the Territory’s territorial waters), require observer monitoring, recording and sample collection, and require cessation of fishing if the contingency conditions cannot be met. (Reg 26.)\n  - If AFMA is satisfied the holder knew before leaving port that the meal plant was not or likely not to be working, the boat must return to port and contingency arrangements do not apply. (Reg 27.)\n  - If fish meal has too high moisture (>10.5%) or risks spontaneous ignition, a monitored discharge is permitted but must be recorded and AFMA notified within 48 hours. (Regs 28–29.)\n  - Non‑compliance carries a 25 penalty unit fine and strict liability. (Regs 24–29.)\n\n- Inspections and reporting\n  - CCAMLR inspectors (from the Commission for the Conservation of Antarctic Marine Living Resources) authorised under the CCAMLR System of Inspection may board and inspect nominated boats; the rights holder must allow this and must report to AFMA within 48 hours. (Reg 30, 32.)\n  - Where a boat is in port and inspected under a State/Territory or foreign law, the rights holder must allow the inspection and report to AFMA within 48 hours if the inspection was conducted under a foreign fisheries law. (Reg 31.)\n\n- Packaging and unloading\n  - Fish must be packaged by species, size grade (as assessed by the holder), and form after processing; packages must be labelled with these details. (Reg 33.)\n  - At least 72 hours before arriving at a port or other place to unload, the rights holder must give written notice to AFMA (and relevant foreign authorities where unloading will occur outside Australia) including boat identifiers, estimated whole weights by species, and arrival/unloading times. (Reg 34.)\n\n- Transitional provision\n  - A saving clause preserves certain pre‑amendment versions of Regulations 8–10 in relation to specific gear uses before the commencement of a 2025 gear amendment. (Reg 35.)\n\n- Enforcement: penalties and liability\n  - Most offences are strict liability and attract a penalty of 25 penalty units. That means prosecution does not require proof of intention or knowledge in many cases; compliance depends on meeting the prescriptive requirements and timeframes throughout the instrument.\n\nOfficial purpose claims and testing them against mechanisms, costs and incentives\n\n- Official purpose claims (as presented in the instrument and its context): the regulations implement the Heard Island and McDonald Islands Fishery Management Plan by specifying observer arrangements, safety checks, reporting and gear/marking/packaging standards; they also give effect to international inspection systems (CCAMLR) and promote safety and traceability. (See regs 3, 15–22, 30.)\n\n- How those claimed goals are achieved (mechanisms)\n  - Monitoring and data quality: mandatory AFMA accreditation for data officers, compulsory transfer of data to AFMA, observer monitoring and sample collection for offal/fish meal discharges. (Regs 15–17, 26, 29.)\n  - Safety and vessel suitability: nominated surveyor inspections and documentary declarations tied to AMSA or international classification society survey standards. (Regs 19–20.)\n  - Traceability and enforcement: strict rules for IRCS display, buoy marking, packaging labels, and pre‑unloading notices enable identification of vessels and their catches and feed into AFMA and international inspection systems. (Regs 21–22, 33–34, 30.)\n  - Containment of risks: prescriptive steps on breakdowns and fish meal disposal aim to limit environmental interactions and safety risks (move 5 nm, observer monitoring, sample collection). (Regs 24–26, 28–29.)\n\n- Costs, incentives and trade‑offs (concrete effects)\n  - Who pays: the holder of the statutory fishing right pays (a) the agency for the data collection officer (fixed daily sum) and (b) compliance costs (crew time, recordkeeping, marking/painting IRCS, labelling, extra reporting). (Regs 17, 21, 33–34.)\n  - Operational constraints and opportunity cost: obligations to stop fishing, move 5 nautical miles, stow gear, or return to port after certain breakdowns create lost fishing time and processing delays. (Regs 24, 26, 27.)\n  - Administrative discretion and delay risk: AFMA permission is required to appoint data collection officers, AFMA must approve contingency arrangements, and AFMA notifies whether contingency arrangements are permitted — this centralised approval creates a compliance gate with potential for delay. (Regs 15, 24–26.)\n  - Compliance burden: multiple short‑deadline reporting obligations (48 hours for breakdown and inspections, 72 hours for unloading notice), precise physical specifications (IRCS size and spacing), and strict liability exposure increase administrative and legal risk for holders. (Regs 21, 24–25, 30–34.)\n  - Interaction with external regimes: the regulations cross‑refer to external instruments (CCAMLR System of Inspection, AMSA certificates, Navigation Act/AMSA, Fisheries Management Regulations 2019). Compliance may therefore require meeting multiple agencies’ standards and certification timelines. (Regs 20, 21, 30.)\n\n- Concentrated benefits and diffuse costs\n  - Benefits from observer data quality, safety checks, and traceability accrue to AFMA, the Commission (CCAMLR) and users of the data (regulators, markets that require traceability). The direct costs (equipment marking, payments to agencies, time lost when complying with contingency steps, and reporting) fall on the relatively small group of statutory rights holders and vessel operators. (Regs 15–17, 21, 24–26.)\n\n- Enforcement design and legal risk\n  - Strict liability offences for many requirements lower the evidentiary burden for enforcement but increase legal risk for vessel operators who must meet often prescriptive technical and timing requirements. (Multiple regs.)\n\nPractical notes for an operator or adviser\n\n- Ensure AFMA accreditation and written permission before placing any data collection officer on a nominated boat; pay the employing agency the fixed daily sum and keep documentation. (Regs 15–17.)\n- Keep observer accommodation and observer‑use areas in a condition that will pass a nominated surveyor inspection and retain up‑to‑date certificates and the ship’s log for inspection. (Regs 19–20.)\n- Check and, if necessary, repaint IRCS to the specified dimensions and spacing on hull and deck; mark buoys used for fixed gear. (Reg 21–22.)\n- Build internal procedures for rapid reporting (48‑hour window) of meal plant breakdowns and inspection outcomes, and for giving 72 hours’ written notice before any unloading. (Regs 24–25, 30–34.)\n\nWhy this matters\n\n- These Regulations translate management plan rules into enforceable, prescriptive obligations that shape day‑to‑day vessel operation, safety checks, observer data flows and traceability. They shift identifiable costs (payments to accredited agencies, time and equipment to meet marking/packaging standards, potential lost fishing time under contingency rules) onto rights holders while centralising several discretionary decisions with AFMA (permission and approval)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2244},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: operational management of the HIMI fishery. While regulation 35 references a 2025 amendment regarding fishing gear requirements, this represents a technical update within the existing fishery management framework rather than an expansion into new policy areas. The scope has not grown significantly beyond the original 2002 intent of regulating fishing operations, observer safety, and compliance reporting in this specific sub-Antarctic zone."},"complexity_factors":["Cross-referencing to multiple external instruments: the Heard Island and McDonald Islands Fishery Management Plan 2002, the CCAMLR System of Inspection (an international treaty document), the Fisheries Management Act 1991, and the Navigation Act 1912","11 defined terms in the interpretation section, including nested definitions that rely on the Management Plan","Strict liability offences throughout (regulations 15–34), meaning intent does not need to be proven for a conviction","Precise technical specifications for vessel markings (e.g., hull letters must be 'at least 1 metre high' with specific spacing of 10–12.5cm between sloping letters like A and V)","Conditional logic chains in Part 7: meal plant breakdowns trigger specific reporting timelines (48 hours), which trigger contingency arrangements, which themselves have nested exceptions (e.g., regulation 27 removes contingency options if AFMA determines the operator knew the plant was faulty before departure)","Overlapping jurisdictional requirements: compliance with Australian law, CCAMLR international standards, and port State laws of foreign countries"],"plain_english_summary":"These Regulations set the operational rules for commercial fishing in the **Heard Island and McDonald Islands (HIMI) Fishery**—a remote sub-Antarctic Australian territory.\n\n**Who it affects:**\n- **Fishing right holders**: Companies or individuals licensed to fish in these waters (statutory fishing right holders).\n- **AFMA**: The Australian Fisheries Management Authority, which oversees compliance.\n- **Observers**: Independent data collection officers and safety inspectors who travel on fishing boats.\n\n**What it does:**\n- **Observer requirements**: Sets rules for appointing accredited data collection officers (independent scientists who monitor catches). Fishing operators must pay these observers via their agencies (not directly), cannot tell them what to do, and must ensure they don’t perform crew duties.\n- **Boat safety**: Before a boat can be registered for the fishery, it must pass a safety assessment. A nominated surveyor inspects safety equipment, living quarters for observers, and certificates to ensure the vessel meets international standards.\n- **Marking and identification**: Boats must display their radio call sign (IRCS) in huge letters (1 metre high on the hull, 30cm on deck) in specific colours and spacing. Marker buoys must also be clearly marked.\n- **Contingency plans for breakdowns**: If the \"meal plant\" (the machine that processes fish waste into meal) breaks down, operators must stop fishing, move 5 nautical miles away, and report to AFMA within 48 hours. Special rules apply if they must dump offal (fish guts) at sea to avoid attracting seabirds.\n- **Dangerous cargo**: If fish meal becomes too moist (over 10.5%) and risks catching fire, operators must notify observers, monitor the discharge, and report to AFMA within 48 hours.\n- **Inspections**: Boats must allow inspections by CCAMLR (the international body governing Antarctic fisheries) inspectors and port authorities, then report these inspections to AFMA.\n- **Packaging and unloading**: Fish must be packaged and labelled by species and size. Operators must give 72 hours' notice before unloading catch at any port.\n\n**Why it matters:**\nThese rules ensure Australia meets its international obligations to conserve Antarctic marine life, prevents illegal fishing, protects seabirds and marine mammals from fishing waste, ensures observer safety in one of the world's most dangerous oceans, and maintains traceability of seafood from boat to market."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002","history":"/api/acts/fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002/history","analysis":"/api/acts/fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002/analysis","conflicts":"/api/acts/fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002/conflicts","importantCases":"/api/acts/fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002/important-cases","documents":"/api/acts/fisheries-management-heard-island-and-mcdonald-islands-fishery-regulations-2002/documents"}}