30Activity level of sequence of old longline permits

30 Activity level of sequence of old longline permits

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

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

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

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

(ii) the sum of the weights of:

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

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

was 30 tonnes or more; and

(c) inactive in any other case.

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

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

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

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

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

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

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

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

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

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

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

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