These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002.
3 Interpretation
(1) In these Regulations:
Act means the Fisheries Management Act 1991.
IRCS, for a nominated boat, means the International Telecommunications Union Radio/Call Sign.
Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002.
nominated surveyor means a marine surveyor nominated by AFMA to conduct a safety assessment.
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.
safety assessment means an assessment conducted under Division 5.3.
(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.
Note: The following terms are defined in section 3 of the Management Plan:
area of the fishery
CCAMLR
fishery
nominated boat
observer
statutory fishing right.
Part 5—Requirements for observers
Division 5.2—Data collection officers
15 Appointment of data collection officer
(1) The holder of a statutory fishing right may appoint a data collection officer as an observer on board the holder’s nominated boat.
(2) The holder must not appoint a data collection officer:
(a) without AFMA’s written permission; or
(b) who is not accredited by AFMA; or
(c) who is not employed by an agency on the Register of Accredited Agencies kept by AFMA.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
16 Data collection officer’s duties
(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.
Penalty: 25 penalty units.
(2) The holder who appointed the data collection officer:
(a) must not direct the duties of the data collection officer; and
(b) must ensure that the data collection officer has no other duties on the nominated boat relating to crewing or manning the boat; and
(c) must ensure that the data collection officer works in cooperation with other observers on board the boat.
Penalty: 25 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
17 Payment of data collection officer
(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:
(a) is not subject to the amount of fish caught; and
(b) does not include the payment of a bonus; and
(c) is not paid directly to the data collection officer.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Division 5.3—Safety assessment
18 Meaning of relevant boat
For this Division, a boat is a relevant boat if:
(a) the holder of a statutory fishing right intends to apply to AFMA to have the boat registered as a nominated boat; and
(b) the holder has asked AFMA to arrange for a nominated surveyor to conduct a safety assessment of the boat.
19 Nominated surveyor’s inspection
(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:
(a) all safety and lifesaving equipment on board the boat; and
(b) all areas of the boat that are proposed to be used by an observer, including:
(i) accommodation; and
(ii) bathing and meal areas; and
(iii) any deck area, including the gantries, where the observer may need to carry out his or her duties.
(2) The holder must, on request by the nominated surveyor, allow the nominated surveyor to inspect the following documents relating to the boat:
(a) statutory and classification society certificates;
(b) the ship’s log;
(c) the muster list;
(d) all certificates for lifesaving, safety equipment and medical outfit.
20 Declaration by owner or operator
(1) The owner or operator of a relevant boat must, on request by the nominated surveyor for the boat:
(a) make a written declaration that:
(i) the boat satisfies the survey requirements of:
(A) a certificate of survey for a fishing vessel (USL Code Class 3A) issued under the Navigation Act 1912 by AMSA; or
(B) any of the following classification societies:
(I) American Bureau of Shipping;
(II) Bureau Veritas;
(III) Det Norske Veritas;
(IV) Germanischer Lloyd;
(V) Lloyd’s Register of Shipping;
(VI) Nippon Kajii Kyokai; and
(ii) each officer has a valid certificate of competency; and
(b) allow the nominated surveyor to inspect the declaration.
(2) In this regulation:
AMSA means the Australian Maritime Safety Authority established under subsection 5(1) of the Australian Maritime Safety Authority Act 1990.
Part 6—Boat and fishing gear marking requirements
21 Identification of International Telecommunications Union Radio/Call Sign (IRCS)
(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).
Penalty: 25 penalty units.
(2) The IRCS must be shown on the boat’s deck and each side of the hull.
(3) The characters of the IRCS:
(a) must be in block form; and
(b) must be:
(i) white on a black background; or
(ii) black on a white background; and
(c) on the hull, must be:
(i) at least 1 metre high; and
(ii) of a width that is proportionate to the height; and
(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
(iv) for any other characters—separated by a space of no more than 16.6 centimetres; and
(d) on the deck, must be:
(i) at least 30 centimetres high; and
(ii) of a width that is proportionate to the height; and
(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
(iv) for any other characters—separated by a space of no more than 5 centimetres.
(4) This regulation applies in addition to Part 9 of the Fisheries Management Regulations 2019.
(5) An offence against subregulation (1) is an offence of strict liability.
22 Identification of marker buoys
(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.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Part 7—Contingency arrangements in certain events
Division 7.1—Contingency arrangements—breakdown of meal plant
23 Application of Division
This Division applies to the holder of a statutory fishing right if, while in the area of the fishery:
(a) the meal plant on the holder’s nominated boat breaks down; and
(b) it is not practicable to retain all offal and bycatch on board the boat.
24 Mechanical breakdown of meal plant
(1) For subsection 28(4) of the Management Plan, the holder must, immediately after a mechanical breakdown of the meal plant:
(a) tell the observers on board the nominated boat that the meal plant has broken down; and
(b) stop fishing; and
(c) if there is catch on board the nominated boat to be processed:
(i) move the boat at least 5 nautical miles from the fishing area; and
(ii) process the remainder of the catch; and
(iii) discharge all waste.
Penalty: 25 penalty units.
Note: If it is necessary to discharge offal, AFMA recommends that the offal:
(a) be discharged whole rather than macerated; and
(b) not be discharged during trawling and shooting; and
(c) be discharged at night.
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.
(2) Within 48 hours after the breakdown of the meal plant, the holder:
(a) must repair the meal plant and give AFMA a report on the breakdown and repair in accordance with regulation 25; or
(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).
Penalty: 25 penalty units.
(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:
0419 205 329.
Penalty: 25 penalty units.
(4) In this regulation:
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.
(5) An offence against subregulation (1), (2) or (3) is an offence of strict liability.
25 Report to AFMA
(1) For subregulation 24(2), the holder of a statutory fishing right must include the following information in a report to AFMA:
(a) the date, time, location and activity of the nominated boat when the breakdown occurred;
(b) the exact circumstances of the breakdown;
(c) the actions taken when the breakdown occurred, including:
(i) how soon fishing stopped after the breakdown; and
(ii) the approximate amount of fish processed; and
(iii) the location of the discharge of offal (if any);
(d) if the meal plant has been repaired, the time when the meal plant was repaired and the time when fishing resumed;
(e) if the meal plant is being repaired when the report is sent to AFMA, the estimated time needed to complete the repairs;
(f) if repairs to the meal plant must be carried out in port, the estimated date of return to port.
(2) The holder:
(a) must address the report to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and
(b) must send the report:
(i) by fax to:
612 6272 5784; or
(ii) by e‑mail to:
himie@afma.gov.au.
(3) As soon as practicable after receiving the report, AFMA must tell the holder:
(a) that AFMA has received the report; and
(b) whether AFMA agrees to the holder adopting the contingency arrangements set out in subregulation 26(1).
26 Contingency arrangements for breakdown of meal plant
(1) For paragraph 24(2)(b), the following contingency arrangements apply:
(a) offal must not be discharged when:
(i) fishing gear is in the water; or
(ii) the nominated boat is in the territorial waters of the Territory of Heard Island and McDonald Islands;
(b) at least once a day and at different times, the observer must observe the offal discharge and record:
(i) the date, location, weather and sea conditions during the observation; and
(ii) the approximate amount of offal discharged during the observation; and
(iii) the behaviour of the discharge; and
(iv) the location and activity of the nominated boat during the discharge; and
(v) the interaction of seabirds and marine mammals with the discharge;
(c) the observer must try to collect random samples of the offal discharge for analysis.
(2) If the holder cannot comply with the contingency arrangements in subregulation (1), the holder:
(a) must stop fishing in the area of the fishery; and
(b) must stow all fishing gear;
until after the meal plant is repaired.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
27 When contingency arrangements do not apply
(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:
(a) the contingency arrangements in subregulation 26(1) do not apply; and
(b) the boat must return to port.
(2) The holder or master of the boat must return the boat to port if he or she receives a notice under subregulation (1).
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Division 7.2—Contingency arrangements—disposal of fish meal
28 Application of Division
This Division applies to the holder of a statutory fishing right if, while the nominated boat is in the area of the fishery:
(a) a batch of fish meal on the holder’s nominated boat contains more than 10.5% moisture; or
(b) the holder reasonably believes that there is a risk that the batch will spontaneously ignite.
29 Disposal of fish meal
(1) For subsection 28(5) of the Management Plan, the holder:
(a) must tell the observers on board the nominated boat of the intention to discharge a batch of fish meal from the boat; and
(b) must ensure that, when the batch is being discharged, at least 1 of the observers monitors the discharge; and
(c) must ensure that the observer records, in writing in the observer’s report to AFMA:
(i) the date, time and location of the discharge; and
(ii) the weather and sea conditions at the time of the discharge; and
(iii) the amount of fish meal discharged; and
(iv) the reason for the discharge, including the temperature or moisture content of the fish meal; and
(v) the behaviour of the discharge; and
(vi) any interactions of birds or marine mammals with the fish meal.
Penalty: 25 penalty units.
(2) The holder:
(a) must give AFMA written notice about the discharge of the fish meal within 48 hours after the discharge occurs; and
(b) must address the notice to the Manager, Sub‑Antarctic Fisheries, Australian Fisheries Management Authority; and
(c) must send the notice:
(i) by fax to:
612 6272 5784; or
(ii) by e‑mail to:
himie@afma.gov.au.
Penalty: 25 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
Part 8—Inspection requirements
30 CCAMLR inspections
(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.
Penalty: 25 penalty units.
(2) Within 48 hours after an inspection is conducted, the holder must give AFMA a report on the inspection in accordance with regulation 32.
Penalty: 25 penalty units.
(3) In this regulation:
CCAMLR inspector means an inspector who is on the register of certified inspectors maintained by CCAMLR under the CCAMLR System of Inspection.
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.
(4) An offence against subregulation (1) or (2) is an offence of strict liability.
31 Inspections when in port
(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:
(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
(b) the person is authorised to inspect the boat under a law of the State, Territory or country.
Penalty: 25 penalty units.
(2) If an inspection is conducted:
(a) at a port in a country other than Australia; and
(b) by a person who is authorised to do so under a law of that country relating to fisheries;
the holder must, within 48 hours after the inspection, give AFMA a report on the inspection in accordance with regulation 32.
Penalty: 25 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
32 Report on inspection
(1) For subregulations 30(2) and 31(2), a report on an inspection of a nominated boat:
(a) must include the following details:
(i) the nominated boat’s name;
(ii) the date and time of the inspection;
(iii) the location of the boat when the inspection was conducted;
(iv) the nationality of the inspector; and
(b) must be:
(i) addressed to the AFMA Monitoring Section; and
(ii) sent by e‑mail to:
himie@afma.gov.au.
Part 9—Packaging and unloading requirements
33 Packaging and labelling of fish
(1) The holder of a statutory fishing right must ensure that:
(a) all fish taken under the right are packaged according to:
(i) species; and
(ii) the size grade of the fish, as assessed by the holder; and
(iii) the form of the fish after processing; and
(b) each package is clearly labelled with the species, size grade and the form after processing of the fish it contains.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
34 Unloading of fish—notice requirements
(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:
(a) AFMA; and
(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.
Penalty: 25 penalty units.
(2) For subregulation (1), the notice:
(a) must include the following details:
(i) the nominated boat’s name;
(ii) the nominated boat’s distinguishing symbol;
(iii) an estimate of the whole weight of each species of fish on board the boat;
(iv) the name of the port, or other place, at which the fish are to be unloaded;
(v) the estimated date and time that the boat will arrive at the port or place;
(vi) the estimated date and time that unloading is to commence at the port or place; and
(b) when given to AFMA, must be:
(i) addressed to AFMA Compliance; and
(ii) either:
(A) sent by fax to:
612 6272 5784; or
(B) sent by e‑mail to:
monitoring@afma.gov.au.
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.
(3) In this regulation:
distinguishing symbol, for a nominated boat, means the symbol issued to the boat by AFMA or a relevant State authority.
whole weight means the weight of a whole fish before any processing (other than washing, sorting, packing or freezing) has occurred.
(4) An offence against subregulation (1) is an offence of strict liability.
Part 10—Application, saving and transitional provisions
35 Amendments made by the Fisheries Management (Heard Island and McDonald Islands Fishery) Amendment (Fishing Gear Requirements) Regulations 2025
(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.
(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.
(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.