Commonwealth legislation

Fisheries Management (International Agreements) Regulations 2009

In ForceCTH

Jurisdiction

Commonwealth

Act Number

254 of 2009

Collection

legislative instrument

Plain English Summary

9/10 complexity

Mechanically, these Regulations make specific rules that give effect in Australian law to measures adopted by several regional fisheries management organisations (CCAMLR, IOTC, WCPFC, CCSBT, SPRFMO). They impose vessel‑level obligations—marking, vessel monitoring systems, catch and transhipment documentation, observer access, spatial/seasonal limits and species‑specific rules—and bar dealings with vessels on recognised IUU lists.

They affect boat operators, flag States, port authorities and monitoring centres by creating equipment, reporting and operational compliance obligations and by enabling closures, limits and inspection powers.

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What it does

These Regulations give domestic legal effect to a large set of international fisheries management measures adopted by five regional organisations and commissions: the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), the Indian Ocean Tuna Commission (IOTC), the Western and Central Pacific Fisheries Commission (WCPFC), the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) and the South Pacific Regional Fisheries Management Organisation (SPRFMO). The Regulations do that by prescribing particular measures and by prescribing the organisations and arrangements that count as “international fisheries management organisation” or “international fisheries management arrangement” for the purposes of the Fisheries Management Act 1991 (see reg 2.1; regs 3.1-3.2). Schedules 1 to 3B translate named conservation measures, resolutions and conservation and management measures into obligations on persons using boats in the relevant convention areas (for example Schedule 1 gives effect to specific CCAMLR Conservation Measures listed at reg 2.2).

Mechanically, the instrument:

Prescribes particular RFMO measures as “international fisheries management measure” under the Act (reg 2.1 and the identification tables at regs 2.2-2.6).
Imposes affirmative duties on “a person using a boat … for fishing” in the relevant convention areas: marking vessel and gear, carrying and operating Automatic Location Communicators or VMS devices, logbook and catch‑reporting obligations, observer access and accommodation requirements, transhipment notification procedures and catch documentation (see Schedule 1 clauses 2, 4, 5, 8, 54-58; Schedule 2 clauses 2, 4, 7; Schedule 3 clauses 2-6; Schedule 3A clauses 2-5; Schedule 3B clauses 2-9).
Directs specific behavioural restrictions: gear prohibitions and minimum mesh sizes, spatial and seasonal closures, limits on exploratory fisheries and by‑catch caps, bans on transhipping with IUU‑listed vessels, prohibitions on certain fishing methods (eg large‑scale driftnets) and restrictions on attracting fish with lights or aircraft (see numerous Schedule clauses, for example Schedule 1 cls 9-13, 19-20, 37-44; Schedule 2 cls 12, 18-21; Schedule 3 cls 11, 14, 20).

Current sections

Direct links to the current provisions in Fisheries Management (International Agreements) Regulations 2009.

Part 1

Preliminary

Part 1—Preliminary

1.1

Name of Regulations

1.1 Name of Regulations

These Regulations are the Fisheries Management (International Agreements) Regulations 2009.

1.3

Interpretation

1.3 Interpretation

In these Regulations:

Act means the Fisheries Management Act 1991.

CCAMLR means the Commission for the Conservation of Antarctic Marine Living Resources.

CCSBT means the Commission for the Conservation of Southern Bluefin Tuna.

FAO Standard Specifications for the Marking and Identification of Fishing Vessels means the Food and Agriculture Organization Standard Specifications for the Marking and Identification of Fishing Vessels, as existing from time to time.

Note: The FAO Standard Specifications for the Marking and Identification of Fishing Vessels is located in Annex II of the FAO Technical Guidelines for Responsible Fisheries No. 1, available on the Internet at http://www.fao.org.

ICCAT means the International Commission for the Conservation of Atlantic Tunas.

IMO means the International Maritime Organization.

IOTC means the Indian Ocean Tuna Commission.

SPRFMO means the South Pacific Regional Fisheries Management Organisation.

WCPFC means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.

Part 2

International fisheries management measures

Part 2—International fisheries management measures

2.1

Prescribed measures

2.1 Prescribed measures

For the definition of international fisheries management measure in subsection 4(1) of the Act: (a) Schedule 1 prescribes measures to give effect to measures established by CCAMLR; and (b) Schedule 2 prescribes measures to give effect to measures established by IOTC; and (c) Schedule 3 prescribes measures to give effect to measures established by WCPFC; and (d) Schedule 3A prescribes measures to give effect to measures established by CCSBT; and (e) Schedule 3B prescribes measures to give effect to measures established by SPRFMO.

2.2

Identification of CCAMLR measures

2.2 Identification of CCAMLR measures

A Schedule 1 clause mentioned in an item of the following table gives effect to the CCAMLR measure mentioned in the item.

Item	Schedule 1 clause number	CCAMLR measure
1	2	CM 10‑01 2014
2	3	CM 10‑02 2015
2A	3A	CM 10‑03 2015
3	4	CM 10‑04 2015
4	5	CM 10‑05 2015
5	6	CM 10‑06 2008
6	7	CM 10‑07 2009
7	8	CM 10‑09 2011
8	9	CM 22‑02 1984
9	10	CM 22‑03 1990
10	11	CM 22‑04 2010
11	12	CM 22‑05 2008
12	13	CM 22‑06 2015
13	13A	CM 22‑07 2013
14	13B	CM 22‑08 2009
14A	13BA	CM 22‑09 2012
16	14	CM 24‑01 2013
17	15	CM 24‑02 2014
18	16	CM 25‑02 2015
19	17	CM 25‑03 2011
20	18	CM 26‑01 2015
21	19	CM 31‑02 2007
22	20	CM 32‑02 2012
29	27	CM 32‑09 2014
38	36	CM 32‑18 2006
39	37	CM 33‑03 2015
40	37A	CM 41‑01 2015
40A	37B	CM 41‑02 2015
40B	37C	CM 41‑03 2015
41	38	CM 41‑04 2015
42	39	CM 41‑05 2015
43	40	CM 41‑06 2015
44	41	CM 41‑07 2015
45	42	CM 41‑09 2015
46	43	CM 41‑10 2015
47	44	CM 41‑11 2015
47A	44A	CM 42‑01 2015
47B	44B	CM 42‑02 2015
48	45	CM 51‑01 2010
49	46	CM 51‑02 2008
50	47	CM 51‑03 2008
51	48	CM 51‑04 2015
52	49	CM 51‑06 2014
53	49A	CM 51‑07 2014
55	53	CM 91‑03 2009
56	54	CM 23‑01 2005
57	55	CM 23‑02 1993
58	56	CM 23‑04 2000
59	57	CM 23‑05 2000
59A	57A	CM 23‑06 2012
60	58	CM 23‑07 2012

2.3

Identification of IOTC measures

2.3 Identification of IOTC measures

A Schedule 2 clause mentioned in an item of the following table gives effect to an IOTC measure mentioned in the item.

Item	Schedule 2 clause number	IOTC measure	Brief description
1	2	15/04	Control of fishing activities
2	3	05/05	Conservation of sharks
3	4	15/03	Vessel monitoring system
4	5	15/04	IOTC record of vessels
7	7	14/06	Programs for transhipment
8	8	12/06	Incidental bycatch of seabirds
9	9	15/01	Recording of catch
10	10	11/03	IOTC illegal, unreported and unregulated fishing vessels list
11	11	16/04	Regional observer scheme
12	12	12/12	Prohibition of large‑scale driftnets
13	13	12/04	Marine turtles
14	14	12/09	Conservation of thresher sharks
15	15	13/04	Conservation of cetaceans
16	16	13/05	Conservation of whale sharks
17	17	13/06	Conservation of shark species caught in IOTC managed fisheries
18	18	16/01	Use of fish aggregating devices
19	19	15/06	Ban on discards of bigeye, skipjack and yellowfin tuna
20	20	16/07	Ban on using artificial lights to attract fish to drifting fish aggregating devices
21	21	16/08	Ban on use of aircraft or unmanned aerial vehicles as fishing aids

2.4

Identification of WCPFC measures

2.4 Identification of WCPFC measures

A Schedule 3 clause mentioned in an item of the following table gives effect to the WCPFC measure mentioned in the item.

Item	Schedule 3 clause number	WCPFC measure	Brief description
1	2	2013‑10	Record of fishing vessels
2	3	2004‑03	Identification of fishing vessels
3	4	2006‑08	Boarding and inspection procedures
4	5	2007‑01	Regional observer program
5	6	2014‑02	Commission vessel monitoring system
6	7	2010‑06	WCPFC illegal, unreported and unregulated vessels list
7	8	2015‑03	Mitigation of impact on seabirds
8	9	2015‑01	Bigeye, yellowfin and skipjack tuna
9	10	2008‑03	Sea turtles
10	11	2008‑04	Prohibition of large‑scale driftnets
11	12	2010‑07,2014‑05	Sharks
12	13	2009‑02	High seas Fish Aggregating Device closures
13	14	2009‑05	Prohibition of fishing on data buoys
14	15	2009‑06	Regulation of transhipment
15	16	2010‑02	Conservation and Management Measure for the Eastern High‑Seas Pocket Special Management Area
16	17	2012‑04	Protection of whale sharks
17	18	2013‑05	Daily catch and effort reporting
18	19	2013‑08	Conservation and management measure for silky sharks
19	20	2011‑03	Protection of cetaceans from purse seine fishing operations
20	21	2011‑04	Oceanic whitetip sharks

2.5

Identification of CCSBT measures

2.5 Identification of CCSBT measures

A Schedule 3A clause mentioned in an item of the following table gives effect to the CCSBT measure mentioned in the item.

Item	Schedule 3A clause number	CCSBT measure
1	2	Illegal, Unregulated and Unreported Fishing and Establishment of a CCSBT Record of Vessels Authorised to Fish for Southern Bluefin Tuna
2	3	Establishing the CCSBT Vessel Monitoring System
3	4	Establishing a Program for Transhipment by Large‑Scale Fishing Vessels
4	5	Implementation of a CCSBT Catch Documentation Scheme
5	6	Establishing a list of vessels presumed to have carried out illegal, unreported and unregulated fishing activities for Southern Bluefin Tuna
6	7	CCSBT scheme for minimum standards for inspection in port

2.6

Identification of SPRFMO measures

2.6 Identification of SPRFMO measures

A Schedule 3B clause mentioned in an item of the following table gives effect to the SPRFMO measure mentioned in the item.

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>SPRFMO measures</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Schedule</span><span> </span><span>3B clause number</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>SPRFMO measure</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Brief description</span></p></td></tr></thead><tbody><tr><td style="width:8.6%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:22.06%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:23.86%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 08</span><span>‑</span><span>2013</span></p></td><td style="width:45.48%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Conservation and management measure for gillnets</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 04</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>SPRFMO illegal, unreported and unregulated fishing vessels list</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 01</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Conservation and management measure for </span><span style="font-style:italic">Trachurus murphyi</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 02</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Standards for the collection, reporting, verification and exchange of data</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 03</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Management of bottom fishing</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 05</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of fishing vessels</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 09</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Minimising by</span><span>‑</span><span>catch of seabirds</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 12</span><span>‑</span><span>2017</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Conservation and management measure for regulating transhipment and other transfer activities</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 13</span><span>‑</span><span>2016</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Conservation and management measure for exploratory fisheries</span></p></td></tr><tr><td style="width:8.6%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:22.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>CMM 14</span><span>‑</span><span>2016</span></p></td><td style="width:45.48%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Conservation and management measure for exploratory fishing for toothfish</span></p></td></tr></tbody></table>

Part 3

International fisheries management organisations

Part 3—International fisheries management organisations

3.1

Prescribed arrangements

3.1 Prescribed arrangements

For the definition of international fisheries management organisation in subsection 4(1) of the Act, each arrangement mentioned in Schedule 4 is prescribed.

3.2

Prescribed organisations

3.2 Prescribed organisations

For the definition of international fisheries management organisation in subsection 4(1) of the Act, each organisation mentioned in Schedule 5 is prescribed.

Part 4

Application and transitional provisions

Part 4—Application and transitional provisions

4.1

Transitional provision—Fisheries Management (International Agreements) Amendment (Other 2014 Measures) Regulation 2016

4.1 Transitional provision—Fisheries Management (International Agreements) Amendment (Other 2014 Measures) Regulation 2016

(1) Clauses 40 to 43 of Schedule 1, as amended by the amending regulation, apply: (a) in respect of the 2015/16 fishing season, for the period: (i) starting on the day after the day the amending regulation commences; and (ii) ending on 30 November 2016; and (b) in respect of the 2016/17 and later fishing seasons. (2) In this regulation:

amending regulation means the Fisheries Management (International Agreements) Amendment (Other 2014 Measures) Regulation 2016.

4.2

Transitional provision—Fisheries Management (International Agreements) Amendment (2015 and 2016 Measures) Regulations 2017

4.2 Transitional provision—Fisheries Management (International Agreements) Amendment (2015 and 2016 Measures) Regulations 2017

(1) For the purposes of subclause 37B.6A of Schedule 1, as inserted by the amending regulations: (a) the amounts of by‑catch referred to in paragraphs 37B.6A(a) and (b) include by‑catch caught, in the 2016/17 season, before the commencement of the amending regulations; but (b) if a by‑catch limit in paragraph 37B.6A(a) and (b) is exceeded in relation to a boat before that commencement, a person contravenes subclause 37B.6A only if the person uses the boat to fish for Dissostichus eleginoides in Statistical Subarea 48.3 on or after that commencement. (2) For the purposes of applying subclause 18.4 of Schedule 2, as amended by the amending regulations, in relation to 2017: (a) the number of instrumented buoys referred to in paragraph 18.4(b) includes buoys acquired during 2017 but before the commencement of the amending regulations; but (b) if the limit in paragraph 18.4(b) is exceeded in relation to a boat before that commencement, a person contravenes subclause 18.4 in relation to the boat only if at least one more instrumented buoy is acquired for the boat in 2017. (3) In this regulation:

amending regulations means the Fisheries Management (International Agreements) Amendment (2015 and 2016 Measures) Regulations 2017.

Definitions

1 Definitions

1.1 In this Schedule:

CCAMLR Secretariat means the Secretariat of the Commission.

Commission means the Commission for the Conservation of Antarctic Marine Living Resources.

Convention Area means the waters defined in Article I(4) of the Convention on the Conservation of Antarctic Marine Living Resources done at Canberra on 20 May 1980 ([1982] ATS 9).

Note: The text of the Convention is available in the Australian Treaties Library, located on the Internet at http://www.austlii.edu.au.

CP‑IUU vessel list means the Contracting Party Illegal, Unregulated and Unreported vessel list established by the Commission, as existing from time to time.

Note: The CP‑IUU vessel list is available on the Internet at http://www.ccamlr.org.

fishing season, for a species in the Convention Area, means:

(a) the period starting on 1 December in a year and ending on 30 November of the following year; or
(b) another period that is specified for a species, including a period that is to end if a precautionary catch limit is reached.

MARPOL 73/78 means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL 73/78), as amended by Annexes I and II as adopted, done at London on 15 October 2004 ([2007] ATS 19).

Note: The text of MARPOL 73/78 is available in the Australian Treaties Library, located on the Internet at http://www.austlii.edu.au.

NCP‑IUU vessel list means the Non‑Contracting Party Illegal, Unregulated and Unreported vessel list established by the Commission, as existing from time to time.

Note: The NCP‑IUU vessel list is available on the Internet at http://www.ccamlr.org.

SSRU means small‑scale research unit.

UTC means Coordinated Universal Time.

Marking of fishing vessels and fishing gear

2 Marking of fishing vessels and fishing gear

2.1 A person using a boat in the Convention Area for fishing must: (a) mark the boat in such a way that it can be readily identified with markings prominently displayed at all times; and (b) mark all floating gear that is used or intended to be used with the letter or letters (if any) and the number or numbers (if any) of the boat to which the gear belongs. 2.2 For the purposes of paragraph 2.1(a), markings are taken to be readily identified and prominently displayed at all times if: (a) the boat’s name and international radio call sign are marked on the boat’s side or superstructure, on both port and starboard sides, so that they are visible from another boat or the air; and (b) the boat’s international radio call sign is marked on the boat’s deck, and any deck awning or temporary cover, placed athwartships, with the top of the numbers or letters towards the bow. 2.3 The markings mentioned in paragraphs 2.2(a) and (b) must: (a) be placed as high as possible above the waterline and not extend below the waterline; and (b) not be obscured by fishing gear, whether it is stowed or in use; and (c) be clear of flow from scuppers or overboard discharges; and (d) be clear of any area that might be damaged or discoloured from a catch of fish; and (e) meet the technical specifications specified in Annex 10‑01/A to CCAMLR Conservation Measure 10‑01. 2.4 If the boat carries another boat, skiff or other craft, the requirements of subclause 2.2 apply in respect of the other boat, skiff or craft.

Licensing and inspection obligations of Contracting Parties with regard to their flag vessels operating in the Convention Area

3 Licensing and inspection obligations of Contracting Parties with regard to their flag vessels operating in the Convention Area

3.1 A person using a boat in the Convention Area for fishing must make the authorisation to fish issued under the law of the country of nationality of the boat available for inspection, on request, by an inspector designated by the Commission. 3.2 A person using a boat in the Convention Area for fishing must: (a) document, if possible, the following information about any fishing vessel sighted in the Convention Area: (i) the name of the vessel; (ii) a description of the vessel; (iii) the vessel call sign; (iv) the registration number of the vessel; (v) the Lloyds/IMO number of the vessel; (vi) the flag State of the vessel; (vii) photographs of the vessel; (viii) any relevant information regarding the observed activities of the vessel; and (b) forward a report containing the information to the appropriate authority of the flag State of the boat.

Information required before port entry

3A Information required before port entry

3A.1 A person using a boat in the Convention Area for fishing must give at least 48 hours prior notice of entry into a port to the appropriate authority of the Port State. 3A.2 The notice must include: (a) the information specified in Annex 10‑03/A to CCAMLR Conservation Measure 10‑03; and (b) a written declaration required by Annex 10‑03/A to CCAMLR Conservation Measure 10‑03 that: (i) the person has not engaged in or supported illegal, unregulated or unreported fishing activity in the Convention Area; and (ii) all fishing activities undertaken in the Convention Area have complied with all relevant CCAMLR Conservation Measures.

Automated satellite linked Vessel Monitoring Systems (VMS)

4 Automated satellite linked Vessel Monitoring Systems (VMS)

4.1 A person using a boat in the Convention Area for fishing must: (a) have on board an ALC that meets the minimum standards set out in Annex 10‑04/C of CCAMLR Conservation Measure 10‑04; and (b) ensure that the ALC transmits VMS data for the boat to the FMC of the flag State of the boat: (i) for finfish fisheries—at least once every hour; and (ii) for all other fisheries, before 1 December 2019—at least once every 4 hours; and (iii) for all other fisheries, on and after 1 December 2019—at least once every hour; and (c) ensure that: (i) the ALC is not tampered with; and (ii) VMS data are not altered; and (iii) the antennae connected to the ALC are not obstructed; and (iv) the power supply of the ALC is not interrupted; and (v) the ALC is not removed from the boat (except for the purposes of repairing or replacing it in accordance with paragraph 4.2(b)). 4.2 If the ALC fails to transmit the VMS data, the person must: (a) provide manual reporting to the FMC of the flag State at least once every 4 hours; and (b) repair or replace the ALC as soon as possible, and, in any event, before the end of 2 months after the failure. 4.3 A person using a boat in the Convention Area for fishing must give at least 24 hours prior notice of entry, exit and movement between Statistical Subareas and Statistical Divisions of the Convention Area to: (a) the flag State of the boat; and (b) the CCAMLR Secretariat. 4.4 In this clause:

ALC (short for automatic location communicator) means a satellite position transmitter that is capable of continuously and automatically transmitting VMS data for a boat, independently of any intervention of a person on the boat.

FMC (short for fisheries monitoring centre) means the government authority or agency of a flag State responsible for managing the VMS for its flagged fishing boats.

manual reporting means the transmission by email or fax of the latitude and longitude of a fishing boat when an ALC fails to transmit VMS data for the boat.

VMS (short for vessel monitoring system) means a satellite‑based monitoring system which provides VMS data for a boat at regular intervals.

VMS data, for a boat, includes the following:

(a) the ALC unique identifier for the boat;
(b) the latitude and longitude of the boat;
(c) the date and time (expressed in UTC) of the fixing of the latitude and longitude of the boat;
(d) the boat’s speed (calculated based on the data referred to in paragraphs (b) and (c));
(e) the boat’s course (derived from the data referred to in paragraphs (b) and (c)).

Catch Documentation Scheme for Dissostichus species

5 Catch Documentation Scheme for Dissostichus species

5.1 A person using a boat in the Convention Area for fishing, or a person authorised to represent the boat, must: (a) accurately complete a DCD before transhipping or landing Dissostichus species; and (b) accurately complete a DED before exporting or importing Dissostichus species; and (c) accurately complete a DRED before re‑exporting or importing Dissostichus species. 5.1A The DCD, DED or DRED must be: (a) generated and validated by means of the e‑CDS; and (b) completed as described in Annex 10‑05/A of CCAMLR Conservation Measure 10‑05 and by means of the e—CDS. 5.3 In this clause:

DCD (short for Dissostichus catch document) means a document containing information relating to transhipping or landing Dissostichus species.

DED (short for Dissostichus export document) means a document containing information relating to an export or import of Dissostichus species.

DRED (short for Dissostichus re‑export document) means a document that contains information relating to a re‑export or import of Dissostichus species.

e‑CDS means an internet‑based system for generating, validating, completing and storing DCDs, DEDs and DREDs.

export means any movement of Dissostichus species (in any form) from a territory under the control of:

(a) a State or free‑trade zone; or
(b) if a State or free‑trade zone forms part of a customs union—another member State of the customs union.

import means the physical entry or bringing of Dissostichus species (in any form) into a territory under the control of a State, other than an entry or bringing of such species that occurs when the species is in transit to another State.

landing means the initial unloading or transfer of Dissostichus species (in any form) from a boat in a port or free‑trade zone if the species are certified by an authority of the Port State as landed. For the purpose of this definition, it does not matter:

(a) if the Dissostichus species are unloaded or transferred to:
(i) dockside; or
(ii) a container; or
(b) if the Dissostichus species are subsequently transferred to another boat.

Port State means the State:

(a) that has control over a particular port area or free‑trade zone for the purposes of landing, transhipment, importing, exporting or re‑exporting Dissostichus species; and
(b) that gives authority for landing or transhipment certifications.

re‑export means any movement of Dissostichus species (in any form) from a territory under the control of:

(a) a State or free‑trade zone; or
(b) if a State or free‑trade zone forms part of a customs union—another member State of the customs union;

if the State, free‑trade zone or member State of the customs union is not the first place of import for the Dissostichus species.

transhipment means the transfer (other than by way of import) of Dissostichus species (in any form) that have not previously been landed from one boat directly to another, either at sea or in port.

Scheme to promote compliance by Contracting Party vessels with CCAMLR conservation measures

6 Scheme to promote compliance by Contracting Party vessels with CCAMLR conservation measures

6.1 A person must not use a boat in the Convention Area for fishing if the boat is listed on the CP‑IUU vessel list. 6.2 A person using a Contracting Party boat in the Convention Area for fishing must not participate in any transhipment or joint fishing operations supporting or resupplying a boat that is listed on: (a) the CP‑IUU vessel list; or (b) the NCP‑IUU vessel list.

Scheme to promote compliance by non‑Contracting Party vessels with CCAMLR conservation measures

7 Scheme to promote compliance by non‑Contracting Party vessels with CCAMLR conservation measures

7.1 A person must not use a boat in the Convention Area for fishing if the boat is listed on the NCP‑IUU vessel list. 7.2 A person using a non‑Contracting Party boat in the Convention Area for fishing must not participate in any transhipment or joint fishing operations supporting or resupplying a boat that is listed on: (a) the CP‑IUU vessel list; or (b) the NCP‑IUU vessel list. 7.3 A person using a non‑Contracting Party boat outside the Convention Area for fishing must not participate in a transhipment or a joint fishing operation supporting or resupplying a boat that is listed on the NCP‑IUU vessel list.

Notification system for transhipments within the Convention Area

8 Notification system for transhipments within the Convention Area

8.1 A person using a boat in the Convention Area for fishing must not tranship catch from a new and exploratory fishery, or a fishery specified in the following table unless the person: (a) has recorded in a bound or electronic logbook the information mentioned in subparagraphs 8.2(b)(i) to (xiv); and (b) no later than 72 hours before the intended transhipment, has notified the Flag State or the CCAMLR Secretariat of the information mentioned in subparagraphs 8.2(b)(i) to (xiv).

Item	Target species	Statistical Subarea/Division	Fishing gear
1	Dissostichus eleginoides	Subarea 48.3Division 58.5.2	LonglineLongline, pot, trawl
2	Dissostichus spp.	Subarea 48.4	Longline
3	Champsocephalus gunnari	Subarea 48.3Division 58.5.2	TrawlTrawl
4	Crab	Subarea 48.3	Pot
5	Krill (Euphausia superba)	Subareas 48.1, 48.2, 48.3, 48.4 Divisions 58.4.1, 58.4.2	Trawl, continuous fishing system, pumping to clear codend

8.2 Paragraph 8.1(b) does not apply to a person using a Contracting Party boat licensed under Conservation Measure 10‑02 in the Convention Area if: (a) the boat is used for the transhipment of goods other than harvested marine living resources, bait or fuel; and (b) no later than 2 hours before the transhipment, the person has given the Flag State or the CCAMLR Secretariat the following information: (i) the boat’s name; (ii) the boat’s registration number; (iii) the boat’s international radio call sign; (iv) the Flag State of the boat; (v) the type of boat; (vi) the length of the boat; (vii) the gross registered tonnage of the boat; (viii) the carrying capacity of the boat; (ix) the proposed time of the transhipment; (x) the proposed location of the transhipment, expressed in latitude and longitude; (xi) details of the type of the catch that is to be transhipped; (xii) details of the amount of the catch that is to be transhipped; (xiii) details of the type of any other goods that are to be transhipped (such as food stores and fuel); (xiv) details of the amount of any other goods that are to be transhipped (such as food stores and fuel).

Mesh size

9 Mesh size

9.1 A person using a boat in the Convention Area for fishing for a species specified in the following table must not use a pelagic or bottom trawl having a mesh size that is less than the size specified in the table for the species other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14.

Item	For this species ...	the minimum mesh size is ...
1	Notothenia rossii	120 mm
2	Dissostichus eleginoides	120 mm
3	Gobionotothen gibberifrons	80 mm
4	Notothenia kempi	80 mm
5	Lepidonotothen squamifrons	80 mm

9.2 A person using a boat in the Convention Area for fishing must not obstruct or diminish the size of the meshes other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14.

Mesh size for Champsocephalus gunnari

10 Mesh size for Champsocephalus gunnari

10.1 A person using a boat in the Convention Area for fishing for Champsocephalus gunnari must not use a pelagic or bottom trawl that has a mesh size less than 90mm other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14. 10.2 A person using a boat in the Convention Area for fishing for Champsocephalus gunnari must not obstruct or diminish the size of the meshes other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14.

Interim prohibition of deep sea gillnetting

11 Interim prohibition of deep sea gillnetting

11.1 A person using a boat in the Convention Area for fishing must not use gillnets other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14. 11.2 A person using a boat in the Convention Area for fishing must not use gillnets for scientific research purposes in waters deeper than 100 metres unless: (a) the person has given advance notice to the CCAMLR Scientific Committee; and (b) the Commission has agreed to the use. 11.3 A person transiting through the Convention Area must not be in possession of gillnets unless the person has given advance notice to the CCAMLR Scientific Committee, including the period during which the person expects to be in the Convention Area.

Restrictions on the use of bottom trawling gear in high seas areas of the Convention Area

12 Restrictions on the use of bottom trawling gear in high seas areas of the Convention Area

12.1 A person using a boat in the Convention Area for fishing must not use bottom trawling gear in the high‑seas areas of the Convention Area unless Conservation Measures allow the use of bottom trawling gear. 12.2 A person is not required to comply with subclause 12.1 if the fishing is conducted for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14.

Bottom fishing in certain parts of Convention Area

13 Bottom fishing in certain parts of Convention Area

13.1 A person using a boat in the relevant Convention Area must not engage in bottom fishing activities otherwise than in accordance with CCAMLR Conservation Measures 22‑06 and 22‑07. 13.2 In the absence of site‑specific or other conservation measures to prevent significant adverse impact on vulnerable marine ecosystems, a person using a boat in the relevant Convention Area for fishing must: (a) cease bottom fishing activities in any location in which the person encounters evidence of a vulnerable marine ecosystem in the course of fishing operations; and (b) report the encounter to the person’s flag State. 13.3 A person using a boat in the relevant Convention Area for bottom fishing activities must ensure that there is at least 1 CCAMLR‑designated scientific observer on the boat to collect data. 13.4 This clause applies to: (a) all areas in the Convention Area south of 60° S; and (aa) the area of Statistical Division 58.4.1 north of 60° S; and (b) any other area in the Convention Area other than an area mentioned in subclause 13.5. 13.5 This clause does not apply to any Statistical Subarea or Statistical Division of the Convention Area in which an established fishery: (a) was in place in the 2006/07 fishing season; and (b) had a catch limit greater than zero. 13.6 In this clause:

bottom fishing activities includes the use of any gear that interacts with the bottom of the sea.

relevant Convention Area means the areas of the Convention Area to which this clause applies under subclauses 13.4 and 13.5.

vulnerable marine ecosystem includes seamounts, hydrothermal vents, cold water corals and sponge fields.

13A

Interim measure for bottom fishing activities subject to CCAMLR Conservation Measure 22‑06 encountering potential vulnerable marine ecosystems in the Convention Area

13A Interim measure for bottom fishing activities subject to CCAMLR Conservation Measure 22‑06 encountering potential vulnerable marine ecosystems in the Convention Area

13A.1 A person using a boat for bottom fishing activities in the relevant Convention Area must: (a) use a line marked into line segments to carry out the activities; and (b) give to the CCAMLR Secretariat or flag State of the boat each day a report setting out the following information: (i) the total benthos recovered during the day; (ii) if the person is using the boat in a longline fishery—the number of hooks in the water at the time of reporting; (iii) if the person is using the boat in a pot fishery—the number of pots in the water at the time of reporting. 13A.2 If a VME indicator organism is retrieved on a line segment in the relevant Convention Area, the person must: (a) record details about the organism; and (b) remove the deployed line segment; and (c) cease fishing; and (d) give the CCAMLR Secretariat and the boat’s Flag State the following information: (i) if 10 or more VME indicator units are recovered on a single line segment—details about the recovery of 3 VME indicator units; (ii) the location of the midpoint of the line segment; (iii) the number of VME indicator units recovered. 13A.3 If the person receives written notice from the CCAMLR Secretariat that the relevant Convention Area is a risk area, the person must cease fishing. 13A.4 In this clause:

line segment means:

(a) for a longline—the shorter of the following:
(i) a section of line with 1 000 hooks;
(ii) a section of line 1 200 metres long; and
(b) for a potline—a section of line 1 200 metres long.

relevant Convention Area has the same meaning as in clause 13.

risk area means an area:

(a) in which 10 or more VME indicator units are recovered on a single line segment; and
(b) which has a radius of 1 nautical mile from the midpoint of the line segment on which the VME units mentioned in paragraph (a) were recovered.

VME indicator organism means any benthic organism listed in the CCAMLR VME Taxa Classification Guide.

Note: The CCAMLR VME Taxa Classification Guide is available on the internet at www.ccamlr.org/pu/E/sc/obs/VME‑guide.pdf.

VME indicator unit means:

(a) 1 litre of VME indicator organisms that are able to be placed in a 10 litre container; or
(b) 1 kilogram of VME indicator organisms that are not able to be placed in a 10 litre container.

13B

Prohibition on fishing for Dissostichus species in depths shallower than 550m in exploratory fisheries

13B Prohibition on fishing for Dissostichus species in depths shallower than 550m in exploratory fisheries

13B.1 This clause applies to a person using a boat in the Convention Area for fishing in exploratory fisheries for Dissostichus species. 13B.2 The person must not fish in water shallower than 550 metres, other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14.

13BA

Protection of registered vulnerable marine ecosystems in subareas, divisions, small‑scale research units, or management areas open to bottom fishing

13BA Protection of registered vulnerable marine ecosystems in subareas, divisions, small‑scale research units, or management areas open to bottom fishing

13BA.1 A person must not engage in bottom fishing activities other than for scientific research activities agreed upon by the Commission, and in accordance with CCAMLR Conservation Measures 22‑06 and 24‑01 in any registered vulnerable marine ecosystems.

Note: CCAMLR Conservation Measure 22‑06 is given effect to by clause 13 and CCAMLR Conservation Measure 24‑01 is given effect to by clause 14.

The application of conservation measures to scientific research

14 The application of conservation measures to scientific research

14.1 A person using a boat in the Convention Area for fishing must not use the boat for scientific research purposes unless the fishing is in accordance with CCAMLR Conservation Measure 24‑01, as given effect by this clause. 14.2 A person using a boat in the Convention Area for scientific research purposes, must: (a) during a voyage that involves any commercial fishing—ensure that the boat is linked to an automated satellite linked vessel monitoring system in accordance with CCAMLR Conservation Measure 10‑04, as given effect by clause 4; and (b) during a voyage involving the taking of more than 50 tonnes of finfish or more than the amounts specified for finfish taxa in Annex 24‑01/B or more than 0.1% of a given catch limit for non‑finfish taxa indicated in Annex 24‑01/B—ensure that at least 2 scientific observers are on board throughout all fishing activities, and that at least one of them is appointed in accordance with the CCAMLR Scheme of International Scientific Observation; and (c) if the person is fishing in an exploratory finfish fishery—meet the requirements of the Daily Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23‑07, as given effect by clause 58 of this Schedule; and (d) if the person is fishing in an exploratory krill fishery—meet the reporting requirements for exploratory fisheries for Euphausia superba set out in CCAMLR Conservation Measure 51‑04, as given effect by clause 48 of this Schedule; and (e) if the person is fishing in a krill fishery other than an exploratory krill fishery mentioned in paragraph (d) and the fishery has a catch limit greater than zero—meet the requirements of the Data Reporting System for Euphausia superba fisheries set out in CCAMLR Conservation Measure 23‑06, as given effect by clause 57A of this Schedule; and (f) if the person is fishing in a fishery other than a fishery mentioned in paragraph (c), (d) or (e)—meet the requirements of the Five‑day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23‑01, as given effect by clause 54 of this Schedule; and (g) if the person is undertaking a trawl survey—give the flag State of the boat the information required by the Fine‑Scale Catch, Effort and Biological Data for Trawl Surveys Form (Form C4); and (h) if paragraph (g) does not apply—meet the requirements of the Monthly Fine‑Scale Catch and Effort Data Reporting System set out in CCAMLR Conservation Measure 23‑04, as given effect by clause 56 of this Schedule; and (i) meet the requirements of the Monthly Fine‑Scale Biological Data Reporting System set out in CCAMLR Conservation Measure 23‑05, as given effect by clause 57 of this Schedule; and (j) if the fishery is closed to the person under subclause 54.2 or 58.2 of this Schedule—cease fishing in the fishery.

Longline weighting for seabird conservation

15 Longline weighting for seabird conservation

15.1 A person using a boat for longline fishing in: (a) any of Statistical Subareas 48.4, 48.6, 88.1 or 88.2 of the Convention Area; or (b) any of Statistical Divisions 58.4.1, 58.4.2, 58.4.3a, 58.4.3b or 58.5.2 in the Convention Area; must conduct a longline sink rate test under observation by a scientific observer. 15.1A However, subclause 15.1 does not apply if the boat uses: (a) an autoline system; or (b) the Spanish method of longline fishing; or (c) the trotline system exclusively (not alternating between trotlines and the Spanish method of longline fishing within the same longline). 15.2 The longline sink rate test must be conducted in accordance with 1 of the following requirements: (a) Protocol A for vessels monitoring longline sink rate with Time‑Depth Recorders (TDRs), set out in CCAMLR Conservation Measure 24‑02, and using longlines to which weights are manually attached; (b) Protocol B for vessels monitoring longline sink rate with bottle tests, set out in CCAMLR Conservation Measure 24‑02, and using longlines to which weights are manually attached; (c) Protocol C for vessel monitoring longline sink rate with either TDR or bottle tests, set out in CCAMLR Conservation Measure 24‑02, and using internally weighted longlines with integrated weight of at least 50 g/m that are designed to sink instantly and that have a linear profile at greater than 0.2 m/s with no external weights attached.

Minimisation of the incidental mortality of seabirds in the course of longline fishing or longline fishing research in the Convention Area

16 Minimisation of the incidental mortality of seabirds in the course of longline fishing or longline fishing research in the Convention Area

16.1 A person using a boat in the Convention Area for fishing must ensure that the fishing operations of the boat are conducted in a way that all procedural measures set out in the Conservation Measure are taken to ensure that hooklines sink beyond the reach of seabirds as soon as possible after they are put in the water. 16.2 If the person uses an autoline system, the person must: (a) add weights to the hookline while deploying a longline; or (b) use integrated weight hooklines while deploying a longline. 16.3 If the person uses the Spanish method of longline fishing: (a) the person must use: (i) traditional weights made of rocks or concrete of at least 8.5 kg mass, spaced at intervals of no more than 40 m; or (ii) traditional weights made of rocks or concrete of at least 6 kg, spaced at intervals of no more than 20 m; or (iii) solid steel weights, not made from chain links, of at least 5 kg mass, spaced at intervals of no more than 40 m; and (b) the person must release the weights before line tension occurs. 16.4 If the person uses the trotline system exclusively (not alternating between trotlines and the Spanish method of longline fishing within the same longline), the person must use: (a) traditional weights made of rocks or concrete of at least 6 kg mass, but only at the distal end of the droppers in the trotline; or (b) solid steel weights of at least 5 kg mass, but only at the distal end of the droppers in the trotline. 16.5 If the person alternates between using trotlines and the Spanish method of longline fishing within the same longline: (a) for the Spanish method of longline fishing, the person must comply with subclause 16.3; and (b) for the trotline method, the person must use: (i) traditional weights made of rocks or concrete of at least 8.5 kg mass; or (ii) solid steel weights of at least 5 kg mass; that are attached on the hook‑end of all droppers in the trotline at no more than 80 m intervals. 16.6 A person using a boat for longline fishing must, to the extent allowed by weather conditions, use a bird exclusion device in: (a) any of Statistical Subareas 48.3, 58.6 or 58.7 of the Convention Area; or (b) any of Statistical Divisions 58.5.1 or 58.5.2 in the Convention Area. 16.7 A person using a boat in the Convention Area for longline fishing at night must use only the minimum lights of the boat that are necessary for safety. 16.8 A person using a boat in the Convention Area for fishing: (a) must not dump offal while longlines are being set; and (b) must deploy a streamer line, in accordance with Annex 25‑02/A of CCAMLR Conservation Measure 25‑02, during longline setting; and (c) must only discharge offal on the opposite side of the boat to where longlines have been hauled; and (d) must remove all fish hooks from offal before it is discharged.

Minimisation of the incidental mortality of seabirds and marine mammals in the course of trawl fishing in the Convention Area

17 Minimisation of the incidental mortality of seabirds and marine mammals in the course of trawl fishing in the Convention Area

17.1 A person using a boat in the Convention Area for trawl fishing: (a) must not use a net monitor cable in the Convention Area; and (b) must not discharge offal during the shooting and hauling of trawl gear.

General environmental protection during fishing

18 General environmental protection during fishing

18.1 A person using a boat in the Convention Area for fishing must not use a plastic packaging band to secure a bait box. 18.2 A person using a boat in the Convention Area for fishing that does not have an on‑board incinerator that is a closed system must not use a plastic packaging band for any purpose. 18.3 A person using a boat in the Convention Area for fishing that has an on‑board incinerator that is a closed system: (a) must cut a plastic packaging band that has been removed from a package into strips not more than 30cm long; and (b) must burn the strips in the on‑board incinerator as soon as possible; and (c) must store any plastic residue on the boat until it reaches port; and (d) must not discard plastic residue at sea. 18.4 A person using a boat in the Convention Area for fishing south of 60° S: (a) must not dump or discharge: (i) oil or fuel products; or (ii) oily residues; into the sea unless it is permitted under Annex I of MARPOL 73/78; and (b) must not dump or discharge food wastes that are not capable of passing through a screen with openings no greater than 25 mm; and (c) must not dump or discharge sewage: (i) within 12 nautical miles of land or an ice shelf; or (ii) while the boat is travelling at a speed of less than 4 knots; and (d) must not dump or discharge: (i) garbage; or (ii) poultry or poultry parts (including egg shells); or (iii) offal; or (iv) incineration ash; or (v) discard. 18.5 A person using a boat in the Convention Area for fishing south of 60° S: (a) must not bring live poultry or other living birds into the area; and (b) must remove from the area any dressed poultry that has not been consumed. 18.6 A person using a boat in the Convention Area for fishing south of 60° S may return fish or any other benthic organism to the sea if it is: (a) alive; and (b) likely to survive if returned to the sea. 18.7 In this clause:

discard means a fish or other benthic organism that is:

(a) dead; or
(b) alive, but unlikely to survive if returned to the sea.

General measure for the closure of all fisheries

19 General measure for the closure of all fisheries

19.1 If the CCAMLR Secretariat notifies a person using a boat in the Convention Area for fishing of the closure of a fishery, the person must: (a) ensure that all fishing gear is removed from the water by the date and time of closure notified by the CCAMLR Secretariat; and (b) either: (i) ensure that no new longlines are set within 24 hours before the date and time of closure notified by the CCAMLR Secretariat; or (ii) if the person is notified less than 24 hours before the date and time of closure—ensure that no new longlines are set after the person is notified. 19.2 If it is likely that the person will be unable to remove all of the fishing gear from the water before the date and time of closure because of: (a) the safety of the boat and crew; or (b) limitations which may arise from adverse weather conditions; or (c) sea‑ice cover; or (d) the need to protect the Antarctic marine environment; the person must notify the Flag State of the boat and remove all fishing gear from the water as soon as possible.

Prohibition of directed fishing

20 Prohibition of directed fishing

Directed fishing for Chaenocephalus aceratus 20.1 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Chaenocephalus aceratus in: (a) Statistical Subarea 48.1 or 48.2 other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14; or (b) Statistical Subarea 48.3. Directed fishing for Dissostichus eleginoides 20.2 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Dissostichus eleginoides in the following areas other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule: (a) Statistical Subarea 48.1; (b) Statistical Subarea 48.2; (c) Statistical Division 58.5.1 other than areas of national jurisdiction adjacent to the Kerguelen Islands and Crozet Islands; (d) Statistical Division 58.5.2 east of 79°20′E and outside the exclusive economic zone to the west of 79°20′E; (e) Statistical Subarea 58.6 other than areas of national jurisdiction adjacent to the Prince Edward Islands, Kerguelen Islands and Crozet Islands; (f) Statistical Subarea 58.7 other than areas of national jurisdiction adjacent to the Prince Edward Islands. Directed fishing for Dissostichus species 20.3 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Dissostichus species in the following areas other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule: (a) Statistical Subarea 48.1; (b) Statistical Subarea 48.2; (c) Statistical Division 58.4.4a other than areas of national jurisdiction adjacent to the Prince Edward Islands; (d) Statistical Division 58.4.4b; (e) Statistical Subarea 88.2 north of 65°S; (f) Statistical Subarea 88.3. Directed fishing for Electrona carlsbergi 20.4 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Electrona carlsbergi in Statistical Subarea 48.1, 48.2 or 48.3 other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule. Directed fishing for Gobionotothen gibberifrons 20.5 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Gobionotothen gibberifrons in: (a) Statistical Subarea 48.1 or 48.2 other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule; or (b) Statistical Subarea 48.3. Directed fishing for Lepidonotothen squamifrons 20.6 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Lepidonotothen squamifrons in: (a) the following areas other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule: (i) Statistical Subarea 48.1; (ii) Statistical Subarea 48.2; (iii) Statistical Division 58.4.4a other than areas of national jurisdiction adjacent to the Prince Edward Islands; (iv) Statistical Division 58.4.4b; or (b) Statistical Subarea 48.3. Directed fishing for Notothenia rossii 20.7 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Notothenia rossii in: (a) Statistical Subarea 48.1 or 48.2 other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule; or (b) Statistical Subarea 48.3. Directed fishing for Patagonotothen guntheri 20.8 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Patagonotothen guntheri in: (a) Statistical Subarea 48.1 or 48.2 other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule; or (b) Statistical Subarea 48.3. Directed fishing for Pseudochaenichthys georgianus 20.9 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Pseudochaenichthys georgianus in: (a) Statistical Subarea 48.1 or 48.2 other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule; or (b) Statistical Subarea 48.3. Directed fishing for other species of finfish 20.10 A person using a boat in the Convention Area for fishing must not undertake directed fishing for species of finfish not mentioned in subclauses 20.1 to 20.9, in Statistical Subarea 48.1 or 48.2, other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14 of this Schedule.

Prohibition of directed fishing for Dissostichus species except in accordance with specific conservation measures

27 Prohibition of directed fishing for Dissostichus species except in accordance with specific conservation measures

27.1 A person using a boat in the Convention Area for fishing must not undertake directed fishing for Dissostichus species in Statistical Subarea 48.5.

Conservation of sharks

36 Conservation of sharks

36.1 A person using a boat in the Convention Area for fishing: (a) must not undertake directed fishing for shark species in the Convention Area unless the fishing is permitted in accordance with a permit allowing catch of shark for scientific research purposes; and (b) must release any by‑catch of shark alive if this is possible.

Limitation of by‑catch in new and exploratory fisheries

37 Limitation of by‑catch in new and exploratory fisheries

37.1 A person using a boat in the Convention Area for new or exploratory fishing must: (a) bring on board or alongside the boat all skates and rays that are caught; and (b) retain on board tagged skates and rays; and (c) release untagged skates and rays that are alive and have a high probability of survival by: (i) cutting snoods; and (ii) if practicable, removing the hooks. 37.1A A person is not required to comply with paragraph 37.1(c) if a scientific observer on board the boat tells the person not to do so. 37.2 If the by‑catch of a species is equal to or greater than 1 tonne in any one haul or set, the person must: (a) move the boat to another location that is at least 5 nautical miles from that location; and (b) ensure that the boat does not return to any point within 5 nautical miles of the location where the by‑catch exceeded 1 tonne for a period of at least 5 days (treating the location where the by‑catch exceeded 1 tonne as the path followed by the boat while taking the catch). 37.3 If the catch of Macrourus species taken by a single boat in any 2 10‑day periods in a single SSRU exceeds: (a) 1 500 kg in each of the 10‑day periods; and (b) 16 % of the catch of Dissostichus species by the boat in the SSRU in those periods; the person must not use the boat to fish in the SSRU for the remainder of the fishing season.

37A

General measures for exploratory fisheries for Dissostichus species in the Convention Area

37A General measures for exploratory fisheries for Dissostichus species in the Convention Area

37A.1 A person using a boat in the Convention Area for exploratory fishing for Dissostichus species during a fishing season: (a) must meet the requirements of the Daily Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23‑07, as given effect by clause 58 of this Schedule; and (b) must meet the requirements of the Monthly Fine‑Scale Catch and Effort Data Reporting System set out in CCAMLR Conservation Measure 23‑04, as given effect by clause 56 of this Schedule; and (c) must meet the requirements of the Monthly Fine‑Scale Biological Data Reporting System set out in CCAMLR Conservation Measure 23‑05, as given effect by clause 57 of this Schedule; and (d) must submit fine‑scale data on a haul‑by‑haul basis; and (e) must record and report the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded during the fishing season, including fish with the condition known as “jellymeat”; and (f) must have one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board the boat during the fishing season; and (g) must ensure that sufficient samples are made available to the scientific observer to enable collection of all data required by the CCAMLR Scientific Observers Manual for finfish fisheries; and (h) if the person is fishing in a longline fishery—must record the following information: (i) position and sea depth at each end of every line in a haul; (ii) setting, soak and hauling times; (iii) number and species of fish lost at surface; (iv) number of hooks set; (v) bait type; (vi) baiting success as a percentage; (vii) hook type; and (i) if the person is using the boat in an area of the Convention Area other than Statistical Subarea 88.1 or 88.2—must not fish for the species other than for scientific research purposes agreed upon by the CCAMLR Scientific Committee. 37A.2 If the person is using a longline boat, the person must ensure that: (a) toothfish that are suitable to be tagged and released in accordance with the CCAMLR Tagging Protocol are tagged and released continuously while fishing at the rate specified in the conservation measure for that fishery according to Annex 41‑01/C of CCAMLR Conservation Measure 41‑01 and the CCAMLR Tagging Protocol; and (b) toothfish that are already tagged when caught are not released; and (c) tag data for newly tagged and recaptured toothfish are given at the end of each month to: (i) the CCAMLR Executive Secretary; and (ii) the relevant regional tag data repository as set out in the CCAMLR Tagging Protocol.

Note: The CCAMLR Tagging Protocol can be obtained from the CCAMLR Secretariat.

37A.3 The person must not fish for the species if: (a) the CCAMLR Secretariat has announced that the catch limit for the species has been reached; or (b) the fishery has been closed to the person under subclause 56.2, 57.3 or 58.2 of this Schedule. 37A.4 This clause applies, subject to any exemptions granted in relation to a fishery by the Commission.

37B

Limits on the fishery for Dissostichus eleginoides in Statistical Subarea 48.3

37B Limits on the fishery for Dissostichus eleginoides in Statistical Subarea 48.3

37B.1 A person who uses a boat to engage in fishing for Dissostichus eleginoides in Statistical Subarea 48.3 may use longlines and pots only. 37B.1A If longlines are used, they may only be set at night, during the hours of darkness between the times of nautical twilight. 37B.2 This clause applies to the portion of Statistical Subarea 48.3 that: (a) lies within the area bounded by latitudes 52° 30' S and 56° 0' S and by longitudes 33° 30' W and 48° 0' W; and (b) lies outside areas of national jurisdiction. 37B.3 A person using a boat in Statistical Subarea 48.3 for fishing must not fish for Dissostichus eleginoides in a fishing season if the catch limit as set out in CCAMLR Conservation Measure 41‑02 is zero or has been reached. 37B.4 The fishing season for the longline fishery for Dissostichus eleginoides in Statistical Subarea 48.3 is the period starting on 16 April in a year and ending on the earlier of: (a) 14 September in that year; and (b) the time the catch limit is reached. 37B.5 The fishing season for the pot fishery for Dissostichus eleginoides in Statistical Subarea 48.3 is the period starting on 1 December in a year and ending on the earlier of: (a) 30 November in the following year; and (b) the time the catch limit is reached. 37B.6 Any by‑catch of crabs must, as far as possible, be released alive. 37B.6A A person using a boat to fish for Dissostichus eleginoides in Statistical Subarea 48.3 must not exceed the following by‑catch limits in the 2016/17 season: (a) 138 tonnes for Macrourus species; (b) 138 tonnes for skates and rays. 37B.6B A person using a boat to fish for Dissostichus eleginoides in Statistical Subarea 48.3 must, if the by‑catch of either the species referred to in paragraph 37B.6A(a), or the species referred to in paragraph 37B.6A(b), is equal to or greater than 1 tonne in any one haul or set: (a) move the boat at least 5 nautical miles from the path followed by the boat while taking the catch; and (b) ensure that the boat does not return to any point within 5 nautical miles of that path for a period of at least 5 days. 37B.7 A person using a boat in Statistical Subarea 48.3 for fishing for Dissostichus eleginoides must ensure that at least one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, is on board during all fishing activities.

37C

Limits on the fishery for Dissostichus species in Statistical Subarea 48.4

37C Limits on the fishery for Dissostichus species in Statistical Subarea 48.4

A person must not engage in fishing for Dissostichus species in Statistical Subarea 48.4 outside areas of national jurisdiction.

Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 48.6

38 Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 48.6

38.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 48.6 unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑04 as given effect by this clause. 38.2 The person must not: (a) discharge offal in the Convention Area; or (b) fish in Statistical Subarea 48.6 if another flagged boat of the same country as the boat the person is using is engaged in fishing in the Subarea. 38.3 The person must not fish for Dissostichus species within a SSRU in Statistical Subarea 48.6 in a fishing season if the precautionary catch limit applied to the SSRU, as specified in CCAMLR Conservation Measure 41‑04, has been reached. 38.4 The person must ensure that: (a) toothfish caught in Statistical Subarea 48.6 in a fishing season are tagged at a rate of at least 5 fish per tonne green weight caught; and (b) at least 2 scientific observers are on board throughout all fishing activities, and at least one of the observers is appointed in accordance with the CCAMLR Scheme of International Scientific Observations. 38.5 If 3 seabirds are caught in a fishing season, the person may set longlines only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season.

Note: See also clause 16.

Limits on the exploratory fishery for Dissostichus species in Statistical Division 58.4.2

39 Limits on the exploratory fishery for Dissostichus species in Statistical Division 58.4.2

39.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Division 58.4.2 unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑05, as given effect by this clause. 39.2 The person must ensure that: (a) toothfish caught in Statistical Division 58.4.2 in a fishing season are tagged at a rate of at least 5 fish per tonne green weight caught; and (c) at least 2 scientific observers are on board throughout all fishing activities, and that at least 1 of them is appointed in accordance with the CCAMLR Scheme of International Scientific Observation; and (d) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season.

Note: See also clause 16.

39.3 The person must not fish for Dissostichus species within a SSRU in Statistical Division 58.4.2 in a fishing season if the precautionary catch limit applied to the SSRU, as specified in CCAMLR Conservation Measure 41‑05, has been reached.

Limits on the exploratory fishery for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction

40 Limits on the exploratory fishery for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction

40.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑06, as given effect by this clause. 40.2 The person must not fish for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in a fishing season if the precautionary catch limit applied to Statistical Division 58.4.3a, as specified in CCAMLR Conservation Measure 41‑06, has been reached. 40.3 The person must ensure that: (a) toothfish caught by the person on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in a fishing season are tagged at a rate of at least 5 fish per tonne green weight caught; and (c) at least one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, is on board during all fishing activities; and (d) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season.

Note: See also clause 16.

Limits on the exploratory fishery for Dissostichus species on BANZARE Bank (Statistical Division 58.4.3b) outside areas of national jurisdiction

41 Limits on the exploratory fishery for Dissostichus species on BANZARE Bank (Statistical Division 58.4.3b) outside areas of national jurisdiction

41.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species on BANZARE Bank (Statistical Division 58.4.3b) outside areas of national jurisdiction in a fishing season unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑07, as given effect by this clause. 41.3 The person must ensure that: (a) toothfish caught by the person on BANZARE Bank (Statistical Division 58.4.3b) outside areas of national jurisdiction in a fishing season are tagged at a rate of at least 5 fish per tonne green weight caught; and (c) at least 1 scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, is on board the boat during all fishing activities; and (d) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season.

Note: See also clause 16.

41.4 The person using a boat in Statistical Division 58.4.3b for fishing must not fish for Dissostichus species within a SSRU in Statistical Division 58.4.3b in a fishing season if the precautionary catch limit applied to that SSRU, as specified in CCAMLR Conservation Measure 41‑07, has been reached.

Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.1

42 Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.1

42.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 88.1 in a fishing season unless the person is conducting the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑09, as given effect by this clause. 42.2 The person must ensure that: (a) toothfish caught in each SSRU within Statistical Subarea 88.1 are tagged at a rate of at least one fish per tonne green weight caught; and (c) at least 2 scientific observers are on board throughout all fishing activities, and that at least one of them is appointed in accordance with the CCAMLR Scheme of International Scientific Observation; and (d) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season; and (e) the person does not fish for Dissostichus species within 10 nautical miles of the Balleny Islands.

Note: See also clause 16.

42.3 A person using a boat in Statistical Subarea 88.1 for fishing must not fish for Dissostichus species within a SSRU in Statistical Subarea 88.1 in a fishing season if the precautionary catch limit applied to that SSRU, as specified in CCAMLR Conservation Measure 41‑09, has been reached. 42.4A The person using a boat in Statistical Subarea 88.1 for fishing must not fish for Dissostichus species in a fishing season if the precautionary catch limit for by‑catch of skates and rays, and of Macrourus species, in Statistical Subarea 88.1, as specified in CCAMLR Conservation Measure 41‑09, has been reached. 42.4B The person using a boat in Statistical Subarea 88.1 for fishing must not fish for a Dissostichus species in a SSRU in a fishing season if the individual by‑catch limit for that species in the SSRU, or group of SSRUs, specified in CCAMLR Conservation Measure 41‑09, is zero, or has been reached by the person. 42.5 In this clause, a fishing season is taken to start on 1 December of a year and to end on 31 August of the following year.

Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.2

43 Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.2

43.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 88.2 in a fishing season unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑10, as given effect by this clause. 43.2 The person must not fish for Dissostichus species within a SSRU in Statistical Subarea 88.2 in a fishing season if the precautionary catch limit applied to that SSRU, as specified in CCAMLR Conservation Measure 41‑10, has been reached. 43.3 The person must ensure that: (a) toothfish caught in Statistical Subarea 88.2 are tagged as follows: (i) for fish caught during the course of the research in SSRUs A and B—at the rate of at least 3 fish per tonne green weight; (ii) for fish caught in each of the research blocks in SSRUs C to G—at the rate of at least 3 fish per tonne green weight; (iii) for fish caught in SSRU H—at the rate of at least 1 fish per tonne green weight; and (b) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season; and (d) at least 2 scientific observers are on board during all fishing activities; and (e) at least one of the scientific observers has been appointed in accordance with the CCAMLR Scheme of International Scientific Observation.

Note: See also clause 16.

43.4 The person using a boat in Statistical Subarea 88.2 for fishing must not fish for Dissostichus species in a fishing season if the precautionary by‑catch limit applied to Statistical Subarea 88.2 for skates and rays, or Macrourus species, as specified in CCAMLR Conservation Measure 41‑10, has been reached. 43.4A The person using a boat in Statistical Subarea 88.2 for fishing must not fish for Dissostichus species in a SSRU in a fishing season if the individual by‑catch limit for that species in the SSRU, or group of SSRUs, specified in CCAMLR Conservation Measure 41‑10, is zero, or has been reached by the person. 43.5 In this clause, a fishing season is taken to start on 1 December of a year and to end on 31 August of the following year.

Limits on the exploratory fishery for Dissostichus species in Statistical Division 58.4.1

44 Limits on the exploratory fishery for Dissostichus species in Statistical Division 58.4.1

44.1 A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Division 58.4.1 in a fishing season unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑11, as given effect by this clause. 44.2 The person must not fish for Dissostichus species within a SSRU in Statistical Division 58.4.1 in a fishing season if the precautionary catch limit applied to the SSRU, as specified in CCAMLR Conservation Measure 41‑11, has been reached. 44.3 The person must ensure that: (a) toothfish caught in Statistical Subarea 58.4.1 are tagged at a rate of at least 5 fish per tonne green weight caught in each SSRU mentioned in CCAMLR Conservation Measure 41‑11; and (b) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season; and (c) at least 2 scientific observers are on board during all fishing activities; and (d) at least one of the scientific observers has been appointed in accordance with the CCAMLR Scheme of International Scientific Observation.

Note: See also clause 16.

44.4A The person must not discharge offal in Statistical Division 58.4.1.

44A

Limits on the fishery for Champsocephalus gunnari in Statistical Subarea 48.3

44A Limits on the fishery for Champsocephalus gunnari in Statistical Subarea 48.3

44A.1 This clause applies to the portion of Statistical Subarea 48.3 that is not under the jurisdiction of the United Kingdom. 44A.2 A person using a boat in the Convention Area for fishing must not fish for Champsocephalus gunnari in that portion of Statistical Subarea 48.3 unless the person uses trawls, other than bottom trawls. 44A.3 If the catch of Champsocephalus gunnari is more than 100 kg in any one haul, and more than 10% of the Champsocephalus gunnari by number are smaller than 240 mm total length, the person must: (a) move the boat to another location that is at least 5 nautical miles from the location where 10% of the Champsocephalus gunnari by number are smaller than 240 mm total length; and (b) ensure that the boat does not return to any point within 5 nautical miles of that location for a period of at least 5 days (treating the location as the path followed by the boat while taking the catch). 44A.4 The fishing season for Champsocephalus gunnari starts on 1 December in a year and ends on the earlier of: (a) 30 November of the following year; and (b) the time the catch limit is reached. 44A.5 If the by‑catch of Gobionotothen gibberifrons, Chaenocephalus aceratus, Pseudochaenichthys georgianus, Notothenia rossii or Lepidonotothen squamifrons is 100 kg or more in any one haul, and more than 5% of the total weight of all fish, or is a total of 2 tonnes or more, the person must: (a) move the boat to another location that is at least 5 nautical miles from the location (the first location) where the by‑catch of any species mentioned in CCAMLR Conservation Measure 33‑01 is more than 5% of the total weight of all fish caught; and (b) ensure that the boat does not return to any point within 5 nautical miles of the first location for a period of at least 5 days (treating that location as the path followed by the boat while taking the catch). 44A.6 The person must use net binding to reduce seabird captures during shooting operations. 44A.7 If the person catches a total of 20 seabirds, the person must cease fishing and must not use the boat to fish for Champsocephalus gunnari in Statistical Subarea 48.3 for the remainder of the fishing season. 44A.8 The person must ensure that at least one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, is on board during all fishing activities.

44B

Limits on the fishery for Champsocephalus gunnari in Statistical Division 58.5.2

44B Limits on the fishery for Champsocephalus gunnari in Statistical Division 58.5.2

44B.1 A person must not engage in fishing for Champsocephalus gunnari in Statistical Division 58.5.2 outside areas of national jurisdiction.

Precautionary catch limitations on Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4

45 Precautionary catch limitations on Euphausia superba in Statistical Subareas 48.1, 48.2, 48.3 and 48.4

45.1 A person using a boat in the Convention Area for fishing in Statistical Subareas 48.1, 48.2, 48.3 and 48.4: (a) must fish for Euphausia superba using only any of the methods specified in Annex A of Conservation Measure 21‑03 Notification of intent to participate in a fishery for Euphausia superba; and (b) must not use any other method of fishing for Euphausia superba; and (c) must use a marine mammal exclusion device on any trawl.

Precautionary catch limitation on Euphausia superba in Statistical Division 58.4.1

46 Precautionary catch limitation on Euphausia superba in Statistical Division 58.4.1

46.1 A person using a boat in the Convention Area for fishing in Statistical Division 58.4.1: (a) must fish for Euphausia superba using only any of the methods specified in Annex A of Conservation Measure 21‑03 Notification of intent to participate in a fishery for Euphausia superba; and (b) must not use any other method of fishing for Euphausia superba; and (c) must use a marine mammal exclusion device on any trawl.

Precautionary catch limitation on Euphausia superba in Statistical Division 58.4.2

47 Precautionary catch limitation on Euphausia superba in Statistical Division 58.4.2

47.1 A person using a boat in the Convention Area for fishing in Statistical Division 58.4.2: (a) must fish for Euphausia superba using only any of the methods specified in Annex A of Conservation Measure 21‑03 Notification of intent to participate in a fishery for Euphausia superba; and (b) must not use any other method of fishing for Euphausia superba; and (c) must use a marine mammal exclusion device on any trawl; and (d) must have 1 scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board the boat during all fishing activities.

General measure for exploratory fisheries for Euphausia superba in the Convention Area

48 General measure for exploratory fisheries for Euphausia superba in the Convention Area

48.1 A person using a boat in the Convention Area for fishing must not fish for Euphausia superba in a statistical subarea or division if the Commission has announced that the catch limit for Euphausia superba for that statistical subarea or division has been reached. 48.2 The person must: (a) meet the requirements of the Ten‑day Catch and Effort Reporting System set out in CCAMLR Conservation Measure 23‑02, as given effect by clause 55 of this Schedule; and (b) meet the requirements of the Monthly Fine‑Scale Catch and Effort Data Reporting System set out in CCAMLR Conservation Measure 23‑04, as given effect by clause 56 of this Schedule; and (c) meet the requirements of the Monthly Fine‑Scale Biological Data Reporting System set out in CCAMLR Conservation Measure 23‑05, as given effect by clause 57 of this Schedule; and (d) collect the following for each fishing trip: (i) the data required by the CCAMLR Scientific Observers Manual to be collected for krill fisheries; (ii) information on the configuration of the commercial trawl used during each fishing operation; (iii) information on the configuration of the research net used during each research operation; and (e) collect the following information for each research net haul: (i) the start position and time of the haul; (ii) the end position and time of the haul; (iii) the date on which the haul was conducted; (iv) the characteristics of the haul, including tow speed, maximum amount of wire payed out during a tow, average wire angle during the tow and calibrated flow‑meter values; (v) an estimate of the total catch of krill in numbers or weight; (vi) the length, sex and maturity stage for a random sample of up to 200 krill or the entire catch that is measured and recorded in accordance with protocols set out in the CCAMLR Scientific Observers Manual; and (f) ensure that data collected from acoustic transects are: (i) recorded in accordance with protocols specified for the CCAMLR‑2000 Krill Synoptic Survey; and (ii) linked to position data recorded from a GPS; and (iii) continuously recorded and then electronically archived every 5 days or whenever the boat moves between exploratory units, whichever occurs most frequently; and (g) ensure that research is conducted in accordance with the research plan requirements in Annex 51‑04/B to the CCAMLR Conservation Measure 51‑04; and (h) give to the Commission the following data and information within 1 month after a fishing trip has ended: (i) the data mentioned in subparagraph (d)(i) and paragraph (f); (ii) the information mentioned in subparagraphs (d)(ii) and (iii) and paragraph (e).

Note: The following documents could in 2017 be viewed on the CCAMLR’s website (http://www.ccamlr.org):

(a) the CCAMLR Scientific Observers Manual;
(b) the CCAMLR‑2000 Krill Synoptic Survey;
(c) CCAMLR Conservation Measures 23‑02, 23‑04, 23‑05 and 51‑04.

48.2A The person must cease fishing for Euphausia superba in a fishery in the Convention Area if the fishery has been closed to the person under subclause 56.2 or 57.3 of this Schedule. 48.3 A person using a boat in the Convention Area for fishing for Euphausia superba must have 1 scientific observer, appointed in accordance with the CCAMLR Scheme of Scientific Observation, on board the boat during all fishing activities. 48.5 This clause applies subject to any exemptions granted in relation to a fishery by the Commission.

General measure for scientific observation in fisheries for Euphausia superba

49 General measure for scientific observation in fisheries for Euphausia superba

49.1 A person using a boat to fish for Euphausia superba in the CCAMLR Convention Area must report the total green weight of krill caught and brought on board the boat. 49.2 The person must ensure that sufficient samples are made available to the scientific observer to enable collection of all data required by the CCAMLR Scientific Observers Manual.

49A

Interim distribution of the trigger level in the fishery for Euphausia superba in Statistical Subareas 48.1 to 48.4

49A Interim distribution of the trigger level in the fishery for Euphausia superba in Statistical Subareas 48.1 to 48.4

49A.1 A person using a boat must not fish for Euphausia superba in Statistical Subareas 48.1 to 48.4 when the trigger level for each Subarea has been reached.

Protection of the South Orkney Islands southern shelf

53 Protection of the South Orkney Islands southern shelf

53.1 A person using a boat in the Convention Area must not: (a) undertake any fishing in the defined area, other than for scientific research purposes that are carried out in accordance with CCAMLR Conservation Measure 24‑01, as given effect by clause 14; or (b) dump or discharge waste product from the boat; or (c) participate in transhipment activity. 53.2 In this clause:

defined area means the South Orkney Islands southern marine shelf area bounded by a line beginning at 60° 30 S, 41 W, and running progressively as described in the following table.

Item	Description
1	West along 61° 30' S latitude to its intersection with 44° W longitude
2	South along 44° W longitude to its intersection with 62° S latitude
3	West along 62° S latitude to its intersection with 46° W longitude
4	North along 46° W longitude to its intersection with 61° 30' S latitude
5	West along 61° 30' S latitude to its intersection with 48° W longitude
6	South along 48° W longitude to its intersection with 64° S latitude
7	East along 64° S latitude to its intersection with 41° W longitude
8	North along 41° W longitude to the point where the line began

Five‑day Catch and Effort Reporting System

54 Five‑day Catch and Effort Reporting System

54.1 A person using a boat in the Convention Area that is required to meet the requirements of the Five‑day Catch and Effort Reporting System must, at the end of each reporting period, give the flag State of the boat the following information for the reporting period: (a) total catch of all species caught, including by‑catch species; (b) total days and hours fished. 54.2 The person must cease fishing if the flag State of the boat notifies the person that the fishery has been closed to the person because the person has failed to provide the information mentioned in subclause 54.1. 54.3 In this clause:

reporting period means the following periods:

(a) day 1 to day 5 of a month;
(b) day 6 to day 10 of a month;
(c) day 11 to day 15 of a month;
(d) day 16 to day 20 of a month;
(e) day 21 to day 25 of a month;
(f) day 26 to the last day of the month.

Ten‑day Catch and Effort Reporting System

55 Ten‑day Catch and Effort Reporting System

55.1 A person using a boat in the Convention Area that is required to meet the requirements of the Ten‑day Catch and Effort Reporting System must, at the end of each reporting period, give the flag State of the boat the following information for the reporting period: (a) total catch caught; (b) total days and hours fished; (c) retained catch of all species and by‑catch species; (d) if the boat is used for longline fishing—the number of hooks used. 55.2 In this clause:

reporting period means the following periods:

(a) day 1 to day 10 of a month;
(b) day 11 to day 20 of a month;
(c) day 21 to the last day of the month.

Monthly Fine‑Scale Catch and Effort Data Reporting System

56 Monthly Fine‑Scale Catch and Effort Data Reporting System

56.1 A person using a boat in the Convention Area that is required to meet the requirements of the Monthly Fine‑Scale Catch and Effort Data Reporting System must, at the end of each month, give the flag State of the boat the following information for the month: (a) if the boat is used in a trawl fishery—the information required by the Fine‑Scale Catch and Effort Data for Trawl Fisheries Form (Form C1); (b) if the boat is used in a longline fishery—the information required by the Fine‑Scale Catch and Effort Data for Longline Fisheries Form (Form C2); (c) if the boat is used in a pot fishery—the information required by the Fine‑Scale Catch and Effort Data for Pot Fisheries Form (Form C5); (d) the catch, reported by species, of all target and by‑catch species for the month; (e) the number of seabirds caught and released or killed during the month; (f) the number of marine mammals of each species caught and released or killed during the month.

Note: The forms mentioned in paragraphs (a), (b) and (c) could in 2014 be viewed on the CCAMLR’s website (http://www.ccamlr.org).

56.2 The CCAMLR Executive Secretary may close a fishery in the Convention Area to boats of a flag State that have not provided the information mentioned in subclause 56.1.

Monthly Fine‑Scale Biological Data Reporting System

57 Monthly Fine‑Scale Biological Data Reporting System

57.1 A person using a boat in the Convention Area that is required to meet the requirements of the Monthly Fine‑Scale Biological Data Reporting System must, at the end of each month, give the flag State of the boat the information required by the Fine‑Scale Biological Data Form (Form B2) for the target and by‑catch species.

Note: The Fine‑Scale Biological Data Form (Form B2) could in 2014 be viewed on the CCAMLR’s website (http://www.ccamlr.org).

57.2 For the purpose of providing the information mentioned in subclause 57.1, the person must: (a) round down the measurement of total length of a fish to the nearest centimetre; and (b) take a representative sample of length composition from each fine‑scale grid rectangle (0.5° latitude by 1° longitude) in which fishing occurs. 57.3 The CCAMLR Executive Secretary may close a fishery in the Convention Area to boats of a flag State that have not provided the information mentioned in subclause 57.1.

57A

Data reporting system for Euphausia superba fisheries

57A Data reporting system for Euphausia superba fisheries

57A.1 A person using a boat to fish for Euphausia superba in the Convention Area must email the CCAMLR Secretariat of: (a) the boat’s entry into, or exit from, a Statistical Subarea or Statistical Division; or (b) the boat’s movement between Statistical Subareas or Statistical Divisions. 57A.2 The email must be sent no later than 24 hours after the entry, exit or movement.

Daily Catch and Effort Reporting System for exploratory fisheries

58 Daily Catch and Effort Reporting System for exploratory fisheries

58.1 A person using a boat in the Convention Area that is required to meet the requirements of the Daily Catch and Effort Reporting System for exploratory fisheries must, at the end of each day, give the CCAMLR Secretariat or the flag State of the boat the following information for the day: (a) the total green weight for each target species and by‑catch species caught if a catch limit applies to the species; (b) if the boat is being used in a longline fishery—the number of hooks in the water at the time of reporting; (c) if the boat is being used in a pot fishery—the number of pots in the water at the time of reporting. 58.2 The person must cease fishing if the flag State of the boat notifies the person that the fishery has been closed to the person because the person failed to provide the information mentioned in subclause 58.1.

Schedule 2—Prescribed measures—Indian Ocean Tuna Commission

(paragraph 2.1(b))

Ban on using aircraft or unmanned aerial vehicles as fishing aids

21 Ban on using aircraft or unmanned aerial vehicles as fishing aids

21.1 A person using a fishing boat, support boat or supply boat in the IOTC Area must not use an aircraft or an unmanned aerial vehicle as a fishing aid for fishing for tuna or tuna‑like species.

Schedule 3—Prescribed measures—Western and Central Pacific Fisheries Commission

(paragraph 2.1(c))

Note: The formal title of the Western and Central Pacific Fisheries Commission (WCPFC) is the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, established under the Convention mentioned in item 4 of Schedule 4. However, the short title is used as an official title on the WCPFC website, see http://www.wcpfc.int.

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Part 1—Preliminary

1.1 Name of Regulations

These Regulations are the Fisheries Management (International Agreements) Regulations 2009.

1.3 Interpretation

In these Regulations:

Act means the Fisheries Management Act 1991.

CCAMLR means the Commission for the Conservation of Antarctic Marine Living Resources.

CCSBT means the Commission for the Conservation of Southern Bluefin Tuna.

FAO Standard Specifications for the Marking and Identification of Fishing Vessels means the Food and Agriculture Organization Standard Specifications for the Marking and Identification of Fishing Vessels, as existing from time to time.

Note: The FAO Standard Specifications for the Marking and Identification of Fishing Vessels is located in Annex II of the FAO Technical Guidelines for Responsible Fisheries No. 1, available on the Internet at http://www.fao.org.

ICCAT means the International Commission for the Conservation of Atlantic Tunas.

IMO means the International Maritime Organization.

IOTC means the Indian Ocean Tuna Commission.

SPRFMO means the South Pacific Regional Fisheries Management Organisation.

WCPFC means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.