33Nominated boat must be used on trip

33 Nominated boat must be used on trip

(1) For the purposes of section 42B of the Act, this section prescribes conditions that apply to a fishing concession that is: (a) a fishing permit; or (b) any of the following: (i) a boat statutory fishing right; (ii) a gear statutory fishing right; (iii) a designated quota statutory fishing right. (2) A boat must not be used on a trip for the purpose of exercising a right under a fishing permit unless: (a) the boat is specified in the permit; or (b) the boat is nominated for the purposes of the permit under subsection 32(1A) or (1B) of the Act and the requirements of subsection (4) of this section are satisfied in relation to the nomination. (3) A boat must not be used on a trip for the purpose of exercising a right under a statutory fishing right mentioned in paragraph (1)(b) unless the boat is nominated for the statutory fishing right and the requirements of subsection (4) are satisfied in relation to the nomination.

Note: It is not necessary to nominate a boat for a quota statutory fishing right granted under any of the following:

(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(c) the Western Tuna and Billfish Fishery Management Plan 2005.

(4) The requirements of this subsection are satisfied in relation to the nomination of a boat for the fishing concession if: (a) the nomination is made by the concession holder by written notice given to AFMA; and (b) the owner of the boat has consented to its nomination; and (c) the boat is not nominated by another person for another fishing concession; and (d) for a fishing concession that is not a designated quota statutory fishing right—another boat is not nominated for the fishing concession; and (e) the boat has an approved vessel monitoring system that is capable of operating at all times; and (f) the boat is able to carry safely an observer, the observer’s safety equipment and the observer’s monitoring equipment for the duration of a trip; and (g) the boat meets any requirements of the Act (including this or any other instrument under the Act) that apply to the boat; and (h) in the case of a boat that is to replace a boat that has been previously nominated—the fishing concession has not been suspended under section 38 of the Act. (5) It is a condition of the fishing concession that a boat nominated under this section must not be used unless the boat is on the register applicable to the fishing concession.