9Who is entitled to fish SBT in the SBT Fishery area using an Australian boat?

9 Who is entitled to fish SBT in the SBT Fishery area using an Australian boat?

9.1 A person is entitled to use an Australian boat in the SBT Fishery area during a season to:

(a) take Southern Bluefin Tuna (other than for the purpose of scientific research about Southern Bluefin Tuna); and

(b) conduct secondary fishing activities in relation to Southern Bluefin Tuna; and

(c) conduct ancillary fishing activities in relation to the Southern Bluefin Tuna that has been taken using the boat;

if, and only if:

(e) subject to subclause 9A.2 and clause 9B, at any time when the person takes southern bluefin tuna using the boat, the person is, or is acting for, a holder with quota that is equal to, or greater than, the total weight of:

(i) southern bluefin tuna in that take; and

(ii) southern bluefin tuna taken and counted against the holder’s quota in the same season as, but before, that take; and

(f) subject to subclause 9A.3, at any time when the person takes southern bluefin tuna using the boat, the boat has nominated against it an amount of the holder’s quota that is equal to, or greater than, the total weight of:

(i) southern bluefin tuna in that take; and

(ii) southern bluefin tuna taken and counted against the boat in the same season as, but before, that take; and

(g) the person uses only the following fishing gear in the SBT Fishery area:

(i) pelagic longline fishing gear;

(ii) minor line fishing gear (that is, rod and reel, hand line or pole);

(iii) gear to undertake the purse seine method of fishing;

(iv) any other gear allowed by AFMA in a condition specified in the certificate evidencing the grant of the statutory fishing rights.

9.2 A person is entitled to use an Australian boat (in this subclause called the Australian boat) in the SBT Fishery area to conduct ancillary fishing activities in relation to Southern Bluefin Tuna that has been taken in accordance with this plan using another boat if, and only if, the person is, or is acting for, the holder of a fishing permit that authorises use of the Australian boat for the activities.

9.3 A person who is entitled to use an Australian boat in the SBT Fishery area under subclause 9.1 or 9.2 is entitled to use the boat in the exclusive economic zone of another country in the SBT Fishery area during a season to take Southern Bluefin Tuna if, and only if:

(a) there is an arrangement or agreement in relation to that fishing activity between the Commonwealth and the other country; and

(b) the fishing activity is in accordance with that arrangement or agreement.