3.1 In this Plan, unless the contrary intention appears:
Act means the Fisheries Management Act 1991.
acting for, in relation to a person, means acting with the consent of, and on behalf of, the person.
agent, in relation to a person who is the holder or owner of a statutory fishing right, means:
(a) a person responsible for the affairs and property of that person under a law in force in the Commonwealth, a State or a Territory, including a receiver, liquidator, trustee or guardian of that person and an executor or administrator of the estate of that person; or
(b) a person appointed as an agent, and notified to AFMA, under subclause 34.1.
ancillary fishing activity means any of the following activities carried out for a purpose other than scientific research about Southern Bluefin Tuna:
automatic location communicator means, for a fishing boat, a device on the boat that transmits information about the location of the boat and, in conjunction with one or more other devices, transmits additional information about fishing activities being undertaken by the boat.
by‑catch means marine life that is:
(a) taken in the SBT fishery and returned to the sea for any reason; or
(b) affected by fishing equipment used in the SBT fishery but not taken.
certificate, in relation to a statutory fishing right, means a certificate under subsection 22(2) of the Act evidencing the grant of the statutory fishing right.
Commission means the Commission for the Conservation of Southern Bluefin Tuna established under the Convention.
Convention means the Convention for the Conservation of Southern Bluefin Tuna done at Canberra on 10 May 1993.
ecologically related species means:
(a) any species of fish, marine mammal or marine reptile that is prey of, or preys on, Southern Bluefin Tuna; and
(b) any species of animal that is, or may be, incidentally affected by methods used to fish for Southern Bluefin Tuna.
ecological risk management plan means the plan required under clause 6.
eligible person means a person who is registered as an eligible person under section 26 of the Act.
EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.
farm means a facility in the water to receive and retain southern bluefin tuna before harvest.
farm representative means, in relation to a farm, the holder, or a person acting for the holder, of the fish receiver permit for the farm.
fishery observer means a person who is authorised by AFMA to carry out the functions of a fishery observer under this Management Plan.
former plan means the Southern Bluefin Tuna Fishery Management Plan as amended and in force immediately before the end of 2 February 1995.
high seas fishing zone means the area of water (other than coastal waters and the Australian fishing zone), the boundary of which:
(a) commences on the equator at the point at which the equator is intersected by the meridian of longitude 50º west; and
(b) runs thence east along the equator, to its intersection by the meridian of longitude 140º west; and
(c) runs thence south along that meridian to its intersection by the parallel of latitude 60º south; and
(d) runs thence west along that parallel to its intersection by the meridian of longitude 50º west; and
(e) runs thence north along that meridian to the point of commencement.
live weight value, in relation to a statutory fishing right, means the weight of whole Southern Bluefin Tuna:
(a) measured in kilograms; and
(b) determined in accordance with the actual, interim or provisional live weight value of a statutory fishing right in effect under this plan;
that may be taken under the conditions applicable to the statutory fishing right.
national catch allocation means the total amount (by weight) of Southern Bluefin Tuna that may be taken in a season in the SBT Fishery.
nominated boat, for a statutory fishing right, means a boat the details of which are entered in the Register, under section 45 of the Act, as the nominated boat for the statutory fishing right.
overcatch, in relation to the holder of a statutory fishing right and a season, means the amount of Southern Bluefin Tuna taken by the holder in the SBT Fishery in the season that exceeds the holder’s quota for the season.
parental biomass means the quantity of adult fish in a species population capable of reproduction.
purse seine method means a method of fishing by which a net set at the surface of water is pursed at the base to enclose from beneath a volume of water.
quota means, for a holder, in a season, the total live weight value of all statutory fishing rights in the SBT Fishery of the holder for the season.
reference point has the meaning given in Annex II of the Fish Stocks Agreement.
SBT Fishery means any of the following activities:
(a) fishing for Southern Bluefin Tuna in the Australian fishing zone using an Australian or foreign boat;
(b) fishing for Southern Bluefin Tuna in the high seas fishing zone using an Australian boat;
but does not include the fishing referred to in clause 7.
SBT Fishery area means the area made up of:
(a) the Australian fishing zone; and
(b) the high seas fishing zone.
season means the period determined as the fishing season by AFMA.
secondary fishing activity means any of the following activities and operations carried out for a purpose other than scientific research about Southern Bluefin Tuna:
(a) searching for fish;
(b) attempting to search for, or take, fish;
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(e) any operations at sea directly in support of, or in preparation for, any activities described in this definition;
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat.
signed means signed by a person on behalf of AFMA.
Southern Bluefin Tuna means fish of the species Thunnus maccoyii (Castelnau).
statutory fishing right means a right of the kind described in clause 8.
transferee means a person to whom a holder proposes to transfer a statutory fishing right.
transfer weight means, in relation to a quantity of Southern Bluefin Tuna:
(a) for the purse seine method of fishing—the weight ascertained by the transfer weighing procedure determined by AFMA under clause 22B; and
(b) for any other method of fishing—the weight of fish noted in the return sent to AFMA signed by the person having a fish receiver permit who received the fish.
trip means a voyage by a boat:
(a) commencing at a place on the coastline of a country; and
(b) if the boat is an Australian boat—proceeding to and from, or through, the SBT Fishery area for the purposes of fishing; and
(c) if the boat is a foreign boat—proceeding to and from, or through, the Australian fishing zone for the purposes of fishing; and
(d) ending at a place on the coastline of a country where fish taken using the boat are unloaded.
3.2 For the purposes of this plan:
(a) a person is regarded as fishing for Southern Bluefin Tuna if in fact the person is taking Southern Bluefin Tuna; and
(b) the Australian fishing zone means:
(i) the Australian fishing zone as defined in subsection 4(1) of the Act; and
(ii) the coastal waters that are taken, under section 76 of the Act, to be in the AFZ.
3.3 Notes in square brackets in this plan are included for information only and are not part of the plan.
Note: [Note: Terms defined in the Fisheries Management Act 1991, unless redefined in this plan, have the same meanings in this plan. Some of those terms and their meanings are:
Note: AFMA means the Australian Fisheries Management Authority.
Note: approved means approved by AFMA or, in relation to a Joint Authority fishery, by the Joint Authority.
Note: Australian boat means:
(a) a boat:
Note: (i) the operations of which are based on a place in Australia or an external Territory; and
Note: (ii) that is wholly‑owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory; and
Note: (iii) that was built in Australia or an external Territory; or
(b) a boat, not being a boat mentioned in paragraph (a) or a boat owned by a foreign resident that is under a demise charter, that is registered under the Shipping Registration Act 1981; or
(c) a boat the subject of a declaration under subsection (2);
Note: Australian fishing zone means:
(a) the waters adjacent to Australia within the outer limits of the exclusive economic zone; and
(b) the waters adjacent to each external Territory within the outer limits of the exclusive economic zone;
Note: but does not include:
(c) coastal waters of, or waters within the limits of, a State or internal territory; or
(d) waters that are excepted waters.
Note: charter boat means a boat that is being used exclusively for recreational fishing in the course of an arrangement under which money or some other consideration is, or is required to be, paid or given by or on behalf of a person or persons for the right to fish from the boat.
Note: coastal waters has the same meaning given by section 5.
Note: exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973.
Note: fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
Note: fishing means:
(a) searching for, or taking, fish; or
(b) attempting to search for, or take, fish; or
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(e) any operations at sea directly in support of, or in preparation for, any activities described in this definition; or
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(g) the processing, carrying or transhipping of fish that have been taken.
fishing concession means:
(a) a statutory fishing right; or
(b) a fishing permit; or
(c) a foreign fishing licence.
Note: fishing permit means a fishing permit granted under section 32 of the Act.
Note: fish receiver permit means a fish receiver permit granted under section 91 of the Act.
Note: Fish Stocks Agreement means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, a copy of the English text of which is set out in Schedule 2 [of the Act].
Note: foreign boat means a boat other than an Australian boat.
Note: foreign fishing licence means a foreign fishing licence granted under section 34 of the Act.
Note: officer means:
(a) a person appointed under section 83 of the Act to be an officer for the purposes of the Act; or
(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or
(c) a member of the Defence Force.
Note: precautionary principle has the same meaning as in clause 3.5.1 of the Intergovernmental Agreement on the Environment, a copy of which is set out in the Schedule to the National Environment Protection Council Act 1994.
Note: Register means the Register of Statutory Fishing Rights kept by AFMA under section 44 of the Act.
Note: scientific permit means a scientific permit granted under section 33 of the Act.
Note: statutory fishing right has the meaning given by section 21 of the Act.
Note: take, in relation to fish, means catch, take or harvest.]