22 Circumstances in which overcatching does not breach this plan
22.1 The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:
(a) the Southern Bluefin Tuna was taken while an interim live weight value was in effect in relation to the season; and
(b) the amount taken does not exceed the interim live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.
22.2 The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:
(a) the Southern Bluefin Tuna was taken while a provisional live weight value was in effect in relation to the season; and
(b) the amount taken does not exceed the provisional live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.
22.3 The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:
(a) the Southern Bluefin Tuna was taken while an earlier actual live weight value was in effect in relation to the season; and
(b) the amount taken does not exceed the earlier actual live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.
22.4 The fact that, in a season, an amount of Southern Bluefin Tuna has been taken that exceeds the provisional live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken, does not constitute a breach of this plan if:
(a) the Southern Bluefin Tuna was taken while an interim live weight value was in effect in relation to the season; and
(b) the amount taken does not exceed the interim live weight value for the season of the statutory fishing rights under which the Southern Bluefin Tuna has been taken.
22A Details of southern bluefin tuna taken to be sent to AFMA
22A.1 If a quantity of southern bluefin tuna is taken in the SBT Fishery area by a boat using the purse seine method and transferred to a tow pontoon, the holder or person acting for the holder of the statutory fishing rights under which the holder or person is entitled to take that quantity of southern bluefin tuna must record the following details:
(a) the name of the holder;
(b) the name of the boat from which the southern bluefin tuna were taken;
(c) if there is a series of such transfers, the number of the transfer in that series;
(d) the name of the boat towing the tow pontoon;
(e) the identification number of the tow pontoon;
(f) the date of transfer;
(g) an estimate of the weight of:
(i) southern bluefin tuna transferred; and
(ii) southern bluefin tuna killed (including any fish injured and unlikely to survive) by the transfer and purse seine operations.
22A.2 The holder or person acting for the holder must tell AFMA, at the time the tow commences, of the commencement of the operation to tow the tow pontoon to a farm.
22A.3 Within 24 hours of the commencement of the operation to tow the tow pontoon to a farm, the holder or person entitled to take that quantity of southern bluefin tuna must send to AFMA, in the approved form:
(a) the details mentioned in subclause 22A.1 for each transfer of southern bluefin tuna now present in the tow pontoon being towed; and
(b) the printed name of the holder, or person acting for the holder, who is sending the information and the holder’s or person acting’s signature affixed above the printed name.
22B Transfer weighing of fish—purse seine method of fishing
22B.1 Southern bluefin tuna must not be transferred from a tow pontoon to a farm without a transfer weighing of the fish, carried out as determined by AFMA.
22B.2 AFMA must determine the manner in which the transfer weighing is to be carried out.
22B.2A Before making a determination, AFMA must consult SBTMAC.
22B.2B The determination must set out requirements for ascertaining:
(a) the number of fish transferred; and
(b) the average weight of fish transferred.
22B.3 The holder of the statutory fishing rights under which the southern bluefin tuna in the tow pontoon were taken must ensure that sufficient equipment and personnel are provided to complete the transfer weighing.
22B.4 Subject to subclause 22D.1, the estimate provided under paragraph 22A.1(g):
(a) counts against the holder’s quota in the season for all purposes, including any entitlement of the holder to continue to fish for southern bluefin tuna in the season; and
(b) counts against the nominated boat reported to AFMA as the boat from which the fish were taken.
22B.5 For subclause 22B.4, AFMA may substitute another weight for the estimate if there is evidence that the substituted weight (including an amount to account for fish deaths) is more accurate.
22C Release of fish—immediately after capture
A quantity of southern bluefin tuna, released immediately after capture alive and vigorous where they were taken and before any transfer of fish to a tow pontoon or to another place, does not count against a holder’s quota if the following details of the release are noted in the AFMA logbook for the boat:
(a) the weight of fish released;
(b) the location at which the fish were released;
(c) the reason the fish were released.
22CA Release approved by AFMA
22CA.2 This clause applies to the holder of a statutory fishing right who:
(a) takes an amount of overcatch of Southern Bluefin Tuna, using the purse seine method; and
(b) transfers the fish to a tow pontoon.
22CA.3 A holder of a statutory fishing right may, not more than once each season, apply to AFMA in the approved form for permission to release a quantity of Southern Bluefin Tuna.
22CA.4 When considering an application under subclause 22CA.3, AFMA must:
(a) take into account the objectives of the plan; and
(b) make a decision as soon as practicable after receiving the application.
22CA.5 If AFMA approves an application under subclause 22CA.3, AFMA must:
(a) give the holder a copy of the approval; and
(b) tell the holder about any conditions to which the approval is subject.
22CA.6 When releasing a quantity of Southern Bluefin Tuna, the holder must comply with any conditions to which the approval is subject.
22CA.7 If:
(a) the holder releases a quantity of Southern Bluefin Tuna; and
(b) the fish are alive and vigorous; and
(c) the release is in accordance with the approval mentioned in subclause 22CA.5;
the weight of the fish released does not count against the holder’s quota.
22CA.8 AFMA must, as soon as practicable after the release:
(a) estimate the weight of Southern Bluefin Tuna that are likely to have died before or during the release; and
(b) count the weight of the fish mentioned in paragraph (a) against the quota (whether the holder’s quota or quota nominated against the boat used to take the Southern Bluefin Tuna) for the season in which the fish were taken.
22CA.10 Each of the following decisions of AFMA is reviewable as if the decision were a relevant decision within the meaning of section 165 of the Act:
(a) a decision to refuse an application made under subclause 22CA.3;
(b) a decision in relation to an estimate made under subclause 22CA.8.
22D Transfer weight to be substituted
22D.1A In this clause:
relevant weight, in relation to a tow operation, means the total of the following:
(a) the weight of Southern Bluefin Tuna determined by a transfer weighing conducted for the tow operation;
(b) the weight of any Southern Bluefin Tuna likely to have died during the take and tow operation;
(c) the weight of any Southern Bluefin Tuna likely to have died during any subsequent release operation.
22.D1 Subject to subclause 22D.2, the relevant weight:
(a) is to be used in place of the estimate provided under paragraph 22A.1(g); and
(b) counts against the holder’s quota in the season for all purposes, including any entitlement of the holder to continue to fish for southern bluefin tuna in the season; and
(c) counts against the nominated boat reported to AFMA as the boat from which the fish were taken:
(i) in the case of a take by the purse seine method—as reported to AFMA under paragraph 22A.1(b); or
(ii) in any other case—as reported to AFMA in the return by the person having a fish receiver permit who received the fish.
22D.2 If the relevant weight is less than the estimate given to AFMA under paragraph 22A.1(g), AFMA must count the estimate against the holder’s quota and against the nominated boat from which the fish were taken.
22D.3 For subclause 22D.2, AFMA may substitute another weight for the estimate if there is evidence that the substituted weight (including an amount to account for fish deaths) is more accurate.
22D.4 A holder affected by subclause 22B.5, 22D.2 or 22D.3 may request that AFMA, as relevant to the request:
(a) not substitute another weight for the estimate; or
(b) not count the estimate in place of the transfer weight.
22D.5 When considering a request made under subclause 22D.4, AFMA is to take into account the objectives of this Plan.
22D.6 A decision of AFMA to refuse a request made under subclause 22D.4 is reviewable as if it were a relevant decision within the meaning of section 165 of the Act.
23 Signed extracts of the Register
23.1 If AFMA alters the Register to indicate:
(a) that a fishing right has been transferred or leased; or
(b) that a boat is, or is no longer, a nominated boat in relation to a fishing right; or
(c) that the conditions of a fishing right have changed;
AFMA must, within 14 days after the Register is so altered, provide the holder of the fishing right with a signed extract of the Register that includes the details described in subclause 23.2.
23.2 For the purposes of subclause 23.1, the details are:
(a) the conditions of the fishing right; and
(b) the identity of any boat that is a nominated boat in respect of the fishing right; and
(c) the number of fishing rights in respect of which a boat referred to in paragraph (b) is a nominated boat.
23.3 On application to AFMA, a person may obtain a signed extract of an entry in the Register that includes the details described in subclause 23.2.
24 Obligations of the holder of a statutory fishing right—section 22 of the Act
24.1 If the holder of a statutory fishing right is fishing for Southern Bluefin Tuna in an area, or by a fishing method, that is included in another plan of management determined under section 17 of the Act, the holder must comply with that plan.
24.3 If, during a trip, the holder of a statutory fishing right intends to use a nominated boat for the statutory fishing right as a charter boat:
(a) the holder must give written notice of that intention to AFMA before commencing the trip; and
(b) the holder must not, during the trip, engage in fishing under this Plan using the boat, if the holder has notified AFMA under subparagraph 7(c)(i) that the boat will be used during the trip only as a charter boat.
24.4 If, during a trip, Southern Bluefin Tuna is taken under a fishing right by the holder of the fishing right, the holder must not use a boat (being a boat that was used to take the Southern Bluefin Tuna) as a charter boat during the trip.
24.5 If the holder of a statutory fishing right is required by AFMA to provide to AFMA:
(a) biological, economic and technical data available to the holder; or
(b) a biological sample available to the holder;
the holder must provide that data or that sample.
24.6 If the holder of a statutory fishing right takes Southern Bluefin Tuna using a boat and intends to unload the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment), the holder must:
(a) give notice to AFMA in the approved form of the holder’s intention to unload the Southern Bluefin Tuna from the boat outside Australia; and
(b) receive from AFMA written notice of:
(i) further conditions to which the fishing right is subject as a consequence of the holder’s intention referred to in paragraph (a); or
(ii) the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder’s intention.
24.7 If the holder of a statutory fishing right:
(a) takes Southern Bluefin Tuna using a boat; and
(b) unloads the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment);
the holder must:
(c) obtain a written statement in accordance with the approved form from the first person who receives the Southern Bluefin Tuna after it has been unloaded that indicates:
(i) the weight of the Southern Bluefin Tuna; and
(ii) whether the Southern Bluefin Tuna was whole or processed; and
(iii) if the Southern Bluefin Tuna was processed—the processed form of the Tuna; and
(d) provide the statement to AFMA on the same day on which the unloading of the Southern Bluefin Tuna is completed.
24.9 Before the holder of a statutory fishing right takes an Australian boat that is a nominated boat in respect of the fishing right into the high seas fishing zone to fish for Southern Bluefin Tuna during a season, the holder must:
(a) give notice to AFMA in the form approved by AFMA of the holder’s intention to take the boat into the high seas fishing zone to fish for Southern Bluefin Tuna; and
(b) receive from AFMA written notice of:
(i) further conditions to which the fishing right is subject as a consequence of the intention referred to in paragraph (a); or
(ii) the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder’s intention referred to in paragraph (a).
24.10 The holder of a statutory fishing right:
(c) must not tranship Southern Bluefin Tuna that is not alive to a boat unless the transhipment occurs under the supervision of an officer who is:
(i) appointed under subsection 83(1) of the Act; and
(ii) directed by AFMA to carry out the supervision; and
(d) must not tranship Southern Bluefin Tuna to a boat unless the boat is being used by a person who is, or is acting for, the holder of a fishing permit or foreign fishing licence for the SBT Fishery that authorises receipt of the transhipped Tuna on that boat.
24.11 The holder of a statutory fishing right must comply with:
(a) the Fisheries Management Regulations 2019; and
(b) all conditions to which the statutory fishing right is subject; and
(c) this plan; and
(d) the Regulations under the Fishing Levy Act 1991 about the payment of levies; and
(e) any relevant direction.
24.12 The holder of a statutory fishing right must take all reasonable measures to ensure that by‑catch taken by the holder, and the impact of the holder’s fishing operations on the marine environment, are kept to a minimum.
24.13 The holder of a statutory fishing right must ensure that any person acting for the holder using the nominated boat for the statutory fishing right in the SBT Fishery complies with subclause 9.1 or 10.1, as appropriate.
Note 1: For other conditions to which a statutory fishing right is subject, see subsections 22(4) and (5) of the Act.
Note 2: Other conditions attaching to a statutory fishing right are set out on the certificate issued by AFMA including reporting requirements and conditions regarding the AFMA vessel monitoring system.
Note 3: The holder of a statutory fishing right should also be aware of the requirements of Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
25 Obligations of the holder of a fishing permit—section 32 of the Act
25.1 If the holder of a fishing permit granted in respect of the SBT Fishery is required by AFMA to provide to AFMA:
(a) biological, economic and technical data available to the holder; or
(b) a biological sample available to the holder;
the holder must provide that data or that sample.
25.2 If the holder of a fishing permit granted in respect of the SBT Fishery takes Southern Bluefin Tuna using a boat and intends to unload the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment), the holder must:
(a) give notice to AFMA in the approved form of the holder’s intention to unload the Southern Bluefin Tuna from the boat outside Australia; and
(b) receive from AFMA written notice of:
(i) further conditions to which the fishing right is subject as a consequence of the holder’s intention referred to in paragraph (a); or
(ii) the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder’s intention.
25.3 If the holder of a fishing permit granted in respect of the SBT Fishery:
(a) takes Southern Bluefin Tuna using a boat; and
(b) unloads the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment);
the holder must:
(c) obtain a written statement from the first person who receives the Southern Bluefin Tuna after it has been unloaded that indicates:
(i) the weight of the Southern Bluefin Tuna; and
(ii) whether the Southern Bluefin Tuna was whole or processed; and
(iii) if the Southern Bluefin Tuna was processed—the processed form of the Tuna; and
(d) provide the statement to AFMA on the same day on which the unloading of the Southern Bluefin Tuna is completed.
25.4 The holder of a fishing permit granted in respect of the SBT Fishery:
(b) must not receive by transhipment Southern Bluefin Tuna that is not alive unless the transhipment occurs under the supervision of an officer who is:
(i) appointed under subsection 83(1) of the Act; and
(ii) directed by AFMA to carry out the supervision; and
(c) must not receive Southern Bluefin Tuna by way of transhipment from a boat unless the boat:
(i) is an Australian boat; and
(ii) is a nominated boat; and
(iii) is being used by a person who is, or is acting for, the holder of a statutory fishing right in relation to which the boat is a nominated boat.
25.5 The holder of a fishing permit granted in respect of the SBT Fishery must comply with:
(a) the Fisheries Management Regulations 2019; and
(b) the Regulations under the Fishing Levy Act 1991 about the payment of levies; and
(c) this plan; and
(d) any conditions to which the fishing permit is subject.
25.6 The holder of a fishing permit must take all reasonable measures to ensure that by‑catch taken by the holder, and the impact of the holder’s fishing operations on the marine environment, are kept to a minimum.
Note: The holder of a fishing permit should also be aware of the requirements of Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
26 Obligations of the holder of a foreign fishing licence—section 34 of the Act
26.1 If the holder of a foreign fishing licence granted in respect of the SBT Fishery is required by AFMA to provide to AFMA:
(a) biological, economic and technical data available to the holder; or
(b) a biological sample available to the holder;
the holder must provide that data or that sample.
26.3 The holder of a foreign fishing licence granted in respect of the SBT Fishery:
(a) must not receive by transhipment Southern Bluefin Tuna unless the transhipment occurs under the supervision of an officer who is:
(i) appointed under subsection 83(1) of the Act; and
(ii) directed by AFMA to carry out the supervision; and
(b) must not receive Southern Bluefin Tuna by way of transhipment from a boat unless the boat:
(i) is an Australian boat; and
(ii) is a nominated boat; and
(iii) is being used by a person who is, or is acting for, the holder of a statutory fishing right in relation to which the boat is a nominated boat.
26.4 The holder of a foreign fishing licence granted in respect of the SBT Fishery must comply with:
(a) the Fisheries Management Regulations 2019; and
(b) this plan; and
(c) any conditions to which the foreign fishing licence is subject; and
(d) any relevant directions; and
(e) if the foreign fishing licence is granted pursuant to an agreement referred to in section 35 of the Act—that agreement.
26.5 The holder of a foreign fishing licence must take all reasonable measures to ensure that by‑catch taken by the holder, and the impact of the holder’s fishing operations on the marine environment, are kept to a minimum.
Note: The holder of a foreign fishing licence should also be aware of the requirements of Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
29 Expiry of a statutory fishing right
A statutory fishing right expires if it is:
(a) surrendered under subsection 22(6) of the Act; or
(b) cancelled by AFMA under section 39 of the Act.