Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AFMA;
(b) AFZ;
(c) Australian boat and Australian‑flagged boat;
(d) boat;
(e) coastal waters;
(f) fish;
(g) fishery, fishing, fishing concession, fishing permit and fishing right;
(h) high seas;
(i) officer.
(1) In this instrument:
Act means the Fisheries Management Act 1991.
Antarctic Convergence has the same meaning as in the Convention on the Conservation of Antarctic Marine Living Resources, as in force at the time when this instrument commences (see in particular paragraph 4 of Article 1 of the Convention).
Note: The Convention on the Conservation of Antarctic Marine Living Resources is in the Australian Treaty Series 1982 No. 9 ([1982] ATS 9) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
approved vessel monitoring system means a vessel monitoring system in a class approved under section 9.
boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:
(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Northern Prawn Fishery Management Plan 1995;
(c) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(d) the Western Tuna and Billfish Fishery Management Plan 2005.
closed zone: see subsection 85(1).
concession holder means the holder of a licence, permit, or right, that is a fishing concession.
Coral Sea Fishery means the fishery of that name referred to in item 1 of the table in section 18.
crustacean means fish of the subphylum Crustacea.
declared fishery means a fishery in respect of which a declaration under subsection 91(1) of the Act is in force.
designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:
(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002;
(b) the Heard Island and McDonald Islands Fishery Management Plan 2002;
(c) the Macquarie Island Toothfish Fishery Management Plan 2006;
(d) the Small Pelagic Fishery Management Plan 2009;
(e) the Southern Bluefin Tuna Fishery Management Plan 1995.
Eastern Skipjack Fishery means the fishery of that name referred to in item 2 of the table in section 18.
eligible person means a person who is registered as an eligible person for a grant of a fishing right under section 26 of the Act.
finfish means fish of the class Osteichthyes.
gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under either of the following:
(a) the Northern Prawn Fishery Management Plan 1995;
(b) the Southern Squid Jig Fishery Management Plan 2005.
giant crab means fish of the species Pseudocarcinus gigas.
Heard Island and McDonald Islands Fishery means the area of the fishery under the Heard Island and McDonald Islands Fishery Management Plan 2002.
interaction means physical contact that:
(a) occurs between an organism and one or more of the following:
(i) an individual other than an observer;
(ii) a nominated boat;
(iii) any object on board, or attached to, a nominated boat, other than equipment that is being used by an observer;
(iv) a nominated boat’s equipment; and
(b) is of a kind that could cause the organism to be distressed.
IUU vessel list means an Illegal, Unreported and Unregulated vessel list established by a governing commission for an international fisheries management organisation, as in force from time to time.
Macquarie Island Toothfish Fishery means the fishery area under the Macquarie Island Toothfish Fishery Management Plan 2006.
mollusc means fish of the phylum Mollusca.
nominated boat, in relation to a fishing concession, means a boat that is specified in, or nominated for the purposes of, the fishing concession in accordance with section 32 of the Act and section 33 of this instrument.
Norfolk Island Inshore Fishery means the fishery of that name referred to in item 3 of the table in section 18.
Norfolk Island Offshore Demersal Finfish Fishery means the fishery of that name referred to in item 4 of the table in section 18.
Northern Bluefin Tuna means fish of the species Thunnus thynnus and includes the subspecies Thunnus orientalis.
Northern Prawn Fishery target species means:
(a) prawns; or
(b) molluscs of the subclass Coleoidea (commonly known as squid) or of the family Pectinidae (commonly known as scallops).
northern waters means the area described in clause 1 of Schedule 3.
North West Slope Trawl Fishery means the fishery of that name referred to in item 5 of the table in section 18.
observer means a person approved by AFMA to carry out the functions of an observer.
operating, in relation to an approved vessel monitoring system, means sending a signal that:
(a) is in a format that has been approved by AFMA; and
(b) identifies accurately the location of the boat to which the vessel monitoring system is fitted.
outer envelope: see paragraph 23(b).
possess, in relation to fish on a nominated boat, includes control.
prawn means a crustacean of:
(a) the family Aristeidae, Penaeidae or Solenoceridae (all commonly known as prawns); or
(b) the family Nephropidae (commonly known as scampi); or
(c) the family Scyllaridae (commonly known as bugs); or
(d) the infraorder Caridae (commonly known as shrimp or carid prawns).
prawn fishery waters means the area described in Part 1 of Schedule 5.
precedence list has the same meaning as in Division 4 of Part 3 of the Act (see subsection 28(2) of the Act).
processed form: a Southern Bluefin Tuna is in processed form if it is in processed form A or processed form B.
processed form A: a Southern Bluefin Tuna is in processed form A if it has been gilled and gutted so that:
(a) the gill plates are removed; and
(b) the tail is wholly removed (see subsection (2)).
processed form B: a Southern Bluefin Tuna is in processed form B if it has been gilled and gutted so that:
(a) the gill plates are not removed; and
(b) the tail is not wholly removed (see subsection (2)).
protected community means a listed threatened ecological community within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.
protected organism means an organism that is:
(a) part of a protected community; or
(b) a protected species.
protected species means:
(a) a listed threatened species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (other than a conservation dependent species within the meaning of that Act); or
(b) a listed marine species within the meaning of that Act; or
(c) a listed migratory species within the meaning of that Act; or
(d) a whale.
provision subject to an infringement notice means section 93, 95 or 100 of the Act.
Queensland waters means waters that are within:
(a) the coastal waters of Queensland; or
(b) those parts of the AFZ that are within the scheduled area for Queensland under Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
quota statutory fishing right means a right described in paragraph 21(1)(a) or (b) of the Act.
registration envelope: see paragraph 23(a).
reserve price, in relation to a tender process, means the minimum bid amount that will be accepted as a tender.
reserve price envelope: see section 26.
scheduled species, in relation to a fishing permit, means a species for which quota units are specified in an attachment to the permit.
shark means fish of the class Chondrichthyes.
South Australian waters means the area described in clause 2 of Schedule 4.
Southern Bluefin Tuna means fish of the species Thunnus maccoyii (Castelnau, 1872).
Southern Bluefin Tuna Fishery has the same meaning as SBT Fishery area has in the Southern Bluefin Tuna Fishery Management Plan 1995.
South Tasman Rise Fishery means the fishery of that name referred to in item 6 of the table in section 18.
Tasmanian waters means the area described in clause 3 of Schedule 4.
tender means a tender for the grant of a fishing right.
tender envelope: see paragraph 23(b).
tender manager, in relation to a tender process, means:
(a) if AFMA appoints an independent tender manager in relation to a tender process—that independent tender manager; or
(b) otherwise—AFMA.
trawling includes board trawling, midwater or pelagic trawling and Danish seining.
trip means:
(a) for the Heard Island and McDonald Islands Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(b) for the Macquarie Island Toothfish Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(c) for the high seas—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(d) in any other case—a voyage in a boat to Australia or from Australia for the purpose of exercising a right under a fishing concession.
tuna means:
(a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish), other than fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); or
(b) fish of the family Istiophoridae or Xiphiidae (commonly known as billfish); or
(c) fish of the family Bramidae (commonly known as pomfrets or Ray’s bream).
unforeseen emergency includes the following:
(a) a threat to the safety of human life;
(b) a threat to the safety of a boat and property on board a boat;
(c) the giving of assistance to a person, boat or aircraft in danger or distress;
(d) a serious danger to navigation on or near a boat’s course;
(e) a failure, malfunction or defect that caused, or is likely to cause, serious damage to a boat, or that interfered with, or is likely to interfere with, the normal control of a boat.
vessel monitoring system has the meaning given by subsection 167B(4) of the Act.
Victorian waters means the area described in clause 1 of Schedule 4.
Western Deepwater Trawl Fishery means the fishery of that name referred to in item 7 of the table in section 18.
Western Skipjack Fishery means the fishery of that name referred to in item 8 of the table in section 18.
WGS84: see subsection 6(2).
(2) For the purposes of the definitions of processed form A and processed form B in subsection (1), the tail of a Southern Bluefin Tuna is wholly removed if it is removed by cutting through the backbone near the base of the tail.