12Who is entitled to fish for fish other than SBT in the SBT Fishery area?

12 Who is entitled to fish for fish other than SBT in the SBT Fishery area?

12.1 A person who is entitled to use an Australian boat in the SBT Fishery area to fish for Southern Bluefin Tuna may, as part of that fishing, use the boat to fish for other fish if, and only if:

(a) the fishing for the other fish is permitted by, and in accordance with:

(i) a fishing permit in force under the Act; or

(ii) another plan of management in force under the Act; or

(iii) a law of a State or Territory that is in force in relation to the SBT Fishery area; and

(b) the permission (however described) authorising the use of the boat to fish for other fish:

(i) is held by the person who is the holder of the statutory fishing right for which the boat is the nominated boat; and

(ii) was granted to the person before the commencement of the fishing.

12.2 A person who is entitled to use a foreign boat in the Australian fishing zone to fish for Southern Bluefin Tuna may, as part of that fishing, use the boat to fish for other fish if, and only if:

(a) the fishing for the other fish is permitted by, and in accordance with:

(i) a foreign fishing licence in force under the Act; or

(ii) another plan of management in force under the Act; and

(b) the permission (however described) authorising the use of the boat to fish for other fish:

(i) is held by the person who is the holder of the statutory fishing right for which the boat is the nominated boat; and

(ii) was granted to the person before the commencement of the fishing.