49Obligations of holders of SFRs

49 Obligations of holders of SFRs

(1) In this section:

ALC (or automatic location communicator) means a device on a boat that transmits information about the location of the boat and, in conjunction with one or more other devices, transmits additional information about fishing activities being undertaken by the boat.

(2) It is a condition of an SFR that the holder must:

(a) comply with any direction made under subsection 12 (1); and

(b) retain any by‑catch if:

(i) AFMA makes a reasonable request of the holder to do so; or

(ii) a law of the Commonwealth obliges the holder to do so; and

(c) unless a statement of a kind mentioned in paragraph 40 (3) (b) applies to the nominated boat for the SFR — carry an observer and the observer’s safety and monitoring equipment on the boat if AFMA asks the holder to do so; and

(d) if AFMA asks the holder to give AFMA reasonable access to biological, economic or technical information, or biological samples that are available to the holder — give AFMA reasonable access to the information or samples; and

(e) carry on board the nominated boat for the SFR a copy of the extract from the Register that states the name of the boat.

(3) The holder of a longline SFR must, unless AFMA determines otherwise, have fitted to the boat a vessel monitoring system that:

(a) is installed in accordance with guidelines published by AFMA; and

(b) has an approved ALC as part of the system; and

(c) has a personal computer capable of receiving e‑mail as part of the system; and

(d) is operated continuously unless otherwise agreed by AFMA; and

(e) is operated in accordance with the manufacturer’s specifications and operating instructions.

(4) Also, if AFMA has declared, under section 91 of the Act, that the fishery is a fishery to which Division 2 of Part 6 of the Act applies, the holder of an SFR must not sell (or otherwise dispose of) fish that the holder takes and retains for trade or business in Australia except to the holder of a fish receiver permit for the fishery.

Note 1 Other conditions of a statutory fishing right are set out on the certificate for the SFR. These include by‑catch limits, reporting requirements and conditions regarding AFMA’s vessel monitoring system. As new monitoring technologies are developed, the conditions may also include conditions regarding the use of those technologies.

Note 2 The holder of a statutory fishing right must also comply with relevant regulations, including the Fisheries Management Regulations 1992, the ETBF Regulations and the Fishing Levy Regulations 2004.