10By‑catch (Act s 17 (6D))

10 By‑catch (Act s 17 (6D))

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

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

(3) A by‑catch action plan must require action to ensure that:

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

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

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

(d) by‑catch is reduced to, or kept at, a minimum and below a level that might threaten by‑catch species.

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

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

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

(i) listed threatened species; and

(ii) listed threatened ecological communities; and

(iii) listed migratory species; and

(iv) listed marine species;

within the meanings given in that Act.

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