Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(paragraph 2.1(b))
1.1 In this Schedule:
"Commission" means the Indian Ocean Tuna Commission.
"IOTC Area" means the area of competence of the IOTC as defined in Article II of the Agreement for the Establishment of the Indian Ocean Tuna Commission , done at Rome on 25 November 1993 ([1996] ATS 20).
Note: The text of the Agreement is available in the Australian Treaties Library, located on the Internet at http://www.austlii.edu.au.
"IOTC Secretariat" means the Secretariat of the Commission.
"IUU Vessels List" means the List of Vessels Presumed to have conducted illegal, unregulated and unreported fishing established by the IOTC, as amended from time to time.
Note: The IUU Vessels List is available on the Internet at http://www.iotc.org .
"Tuna and tuna-like species" means the species listed in Annex B to the Agreement for the Establishment of the Indian Ocean Tuna Commission, done at Rome on 25 November 1993 ([1996] ATS 20).
Note: The text of the Agreement is available in the Australian Treaties Library, located on the Internet at http://www.austlii.edu.au.
2 Control of fishing activities
2.1 A person using a boat for fishing in the IOTC Area must ensure that the boat carries on board documents issued and certified by the competent authority of the Contracting Party or non - Contracting Party co - operating with the IOTC that include each of the following documents or information:
(a) a license, permit or authorisation to fish;
(b) the terms and conditions (if any) attached to the licence, permit or authorisation;
(c) the name of the boat;
(d) the port in which the boat is registered;
(e) the number or numbers under which the boat is registered;
(f) the international call sign of the boat;
(g) the name and address of the owner of the boat;
(h) if relevant -- the charterer of the boat;
(i) the length over all of the boat;
(j) if appropriate -- the engine power of the boat, in kW/horsepower.
2.2 A person using a boat in the IOTC Area for fishing must ensure that each document or information mentioned in subclause 2.1 is verified by the competent authority of the Contracting Party or non - Contracting Party no less than once in any period of 12 months.
2.3 A person using a boat in the IOTC Area for fishing must ensure that fishing gear is marked in the manner described in the following paragraphs:
(a) for fishing gear that is used by the person between sunrise and sunset -- the beginning and ends of nets, lines and gear are fitted with:
(i) flag buoys sufficient to indicate the position and extent of the nets, lines or gear; or
(ii) radar reflector buoys sufficient to indicate the position and extent of the nets, lines or gear;
(b) for fishing gear that is used by the person between sunset and sunrise -- the beginning and ends of nets, lines and gear are fitted with:
(i) light buoys sufficient to indicate the position and extent of the nets, lines or gear; and
(ii) an iridescent light.
2.4 A person using a boat in the IOTC Area for fishing must ensure that each fish aggregating device used by the person is, at all times, clearly marked with:
(a) the letter or letters of the boat to which the fish aggregating device belongs; or
(b) the number or numbers of the boat to which the fish aggregating device belongs; or
(c) the combination of letters and numbers of the boat to which the fish aggregating device belongs.
2.5 A person using a boat that has a length overall of 24 metres or more in the IOTC Area for fishing must:
(a) keep on board the boat a bound fishing national logbook with consecutively numbered pages; and
(b) record in the logbook each fishing activity engaged in by the person; and
(c) retain each record of fishing activity recorded in the logbook for a period of at least 12 months after the record is made.
2.5A The requirements of subclause 2.5 also apply to a boat that:
(a) has a length overall of less than 24 metres; and
(b) operates in waters outside the economic exclusive zone of the flag State of the boat.
2.6 A person using a boat in the IOTC Area for fishing must mark the boat in such a way that it can be identified in accordance with internationally - recognised standards such as the FAO Standard Specifications for the Marking and Identification of Fishing Vessels.
Note: The FAO Standard Specifications for the Marking and Identification of Fishing Vessels is located in Annex II of the FAO Technical Guidelines for Responsible Fisheries No. 1 , available on the Internet at http://www.fao.org.
3 Conservation of sharks caught in association with fisheries managed by IOTC
3.1 A person using a boat in the IOTC Area for fishing must:
(a) retain on board the boat, until the first point of landing, each part of a shark that is caught by the person, excluding the head, guts and skins of the shark; and
(b) ensure that the total weight of shark fins kept on board the boat do not, at any time until the first point of landing, exceed 5 percent of the total weight of sharks kept on board the boat.
4 Establishing a vessel monitoring system programme
4.1 A person may use a boat in the IOTC area to:
(a) fish for, retain on board, transship or land tuna; or
(b) fish for, retain on board, transship or land tuna - like species;
if the boat has a satellite - linked vessel monitoring system device on board that complies with the requirements set out in subclause 4.1A and satisfies the length requirements set out in subclause 4.1B.
4.1A A vessel monitoring system device on the boat must:
(a) be fully operational; and
(b) record the boat's identification, current geographical position and the date and time expressed in UTC; and
(c) report to the Fisheries Monitoring Centre of the flag State of the boat every 4 hours; and
(d) be located within a sealed unit and be protected by official seals (or mechanisms) of a type that indicate whether the unit has been accessed or tampered with.
4.1B The length requirements are that:
(a) the boat has an overall length of 24 metres or more; or
(b) both:
(i) the boat has an overall length of less than 24 metres; and
(ii) operates in waters outside the economic exclusive zone of the flag State of the boat.
4.2 A person using a boat for fishing in the IOTC Area must not:
(a) alter vessel monitoring system messages in any way; or
(b) alter vessel monitoring system reports in any way; or
(c) obstruct an antenna connected to a vessel monitoring device in any way; or
(d) interrupt the power supply of a satellite monitoring device in any way; or
(e) remove a vessel monitoring device from the boat.
4.3 In the event of a technical failure or non - operation of the vessel monitoring device, the person must communicate the information in paragraph 4.1B(b) to the Fisheries Monitoring Centre of their flag State every four hours by other means.
5 Establishment of IOTC Record of Vessels Authorised to operate in the IOTC Area
5.1 A person may use a boat in the IOTC area to:
(a) fish for, retain on board, transship or land tuna; or
(b) fish for, retain on board, transship or land tuna - like species; or
(c) support any fishing activity; or
(d) set drifting fish aggregation devices;
if the boat is included on the IOTC Record of Vessels Authorised to Operate in the IOTC Area and satisfies the length requirements set out in subclause 5.2.
Note: The IOTC Record of Vessels Authorised to Operate in the IOTC Area could in 2015 be viewed on the IOTC's website (http://www.iotc.org).
5.2 The length requirements are that:
(a) the boat has an overall length of 24 metres or more; or
(b) both:
(i) the boat has an overall length of less than 24 metres; and
(ii) operates in waters outside the economic exclusive zone of the flag State of the boat.
7 Establishment of programme for transhipment by large scale fishing vessels
7.1 A person using a boat in the IOTC Area for fishing must not carry out transhipment operations of tuna and tuna - like species and sharks in the IOTC Area unless:
(a) the person is authorised by a Contracting Party or non - Contracting Party to use the boat for transhipment operations of that type; and
(b) the boat is:
(i) a large - scale tuna longline fishing vessel; or
(ii) a carrier vessel authorised to receive transhipments at sea from a large - scale tuna longline fishing vessel; and
(c) if the boat is a boat mentioned in subparagraph ( b)(i)--the person has, before each transhipment takes place, obtained authorisation from its flag State in accordance with IOTC Resolution 1 4 /0 6 ; and
(d) if the boat is a boat mentioned in subparagraph ( b)(ii)--the master of the boat confirms, before each transhipment takes place, that the large - scale tuna longline fishing vessel participating in the transhipment operations:
(i) is participating in the IOTC programme to monitor transhipment at sea; and
(ii) has obtained authorisation for the transhipment from the flag State of the boat; and
(e) if the boat is a boat mentioned in subparagraph ( b)(ii)--the master of the boat, within 24 hours after completing the transhipment:
(i) completes the IOTC transhipment declaration; and
(ii) transmits each of the following to the IOTC Secretariat and the flag Contracting Party or Co - Operating Non - Contracting Party:
(A) the completed IOTC transhipment declaration;
(C) the number of the boat included in the IOTC Record of Carrier Vessels; and
(f) if the boat is a boat mentioned in subparagraph ( b)(ii)--the master of the boat, within 48 hours before landing must transmit an IOTC transhipment declaration, along with its number in the IOTC Record of Carrier Vessels authorised to receive transhipment in the IOTC area of competence, to the competent authorities of the State where the landing takes place.
7.2 A person using a boat in the IOTC Area for fishing must not receive tuna and tuna - like species and sharks in an at - sea transhipment operation unless:
(a) the name of the boat is included on the IOTC Record of Carrier Vessels; and
(b) an operational vessel monitoring device that is part of the flag State's vessel monitoring system is installed on the boat .
7.3 A person using, in the IOTC Area for fishing, a boat that:
(a) is included in the IOTC Record of Carrier Vessels; and
(b) is authorised to receive transhipments in the IOTC Area; and
(c) tranships at sea;
must carry an IOTC observer on board the boat during each transhipment operation in the IOTC Area.
7.4 The person using the boat must allow each IOTC observer on board the boat access to:
(a) the boat; and
(b) the personnel of the boat; and
(c) the gear of the boat; and
(d) the equipment of the boat.
7.5 The person using the boat must provide each IOTC observer with each of the following:
(a) adequate space on the bridge or pilot house for clerical work;
(b) space on deck adequate for carrying out observer duties ;
(c) accommodation, including lodging, food and adequate sanitary facilities that are equivalent to those provided to the personnel of the boat.
7.6 The person using the boat must not:
(a) obstruct; or
(b) intimidate; or
(c) interfere with; or
(d) influence; or
(e) bribe; or
(f) attempt to bribe;
an IOTC observer in the performance of the observer's duties.
8 Reducing the incidental by - catch of seabirds in longline fisheries
8.1 If a person is using a longline fishing boat in the IOTC Area for fishing for tuna and tuna - like species south of 25° S:
(a) the person must use at least 2 of the mitigation measures mentioned in column 1 of the following table; and
(b) the person must consider using the mitigation measures in other areas, as appropriate, consistent with scientific advice; and
(c) the mitigation measures must conform to the minimum technical specification mentioned in column 3 of the table.
Mitigation Measures | |||
Item | Column 1 | Column 2 | Column 3 |
| Measure | Description | Technical Specification |
1 | Night setting with minimum deck lighting | The person must: (a) not set longlines between nautical dawn and nautical dusk; and (b) keep deck lighting to a minimum. | Nautical dusk and nautical dawn are defined in the Nautical Almanac tables for relevant latitude, local time and date. Minimum deck lighting must not breach minimum standards for safety and navigation. |
2 | Bird - scaring lines (Tori lines) | The person must deploy bird - scaring lines during the entire process of setting the longline to deter birds from approaching the branch line. | For vessels of 35 m or more, the person must: (a) deploy at least one bird - scaring line; and (b) deploy more than one bird - scaring line at times of high bird abundance or activity, if practical; and |
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| (c) if deploying more than one bird - scaring line, deploy the bird - scaring lines simultaneously, one on each side of the longline being set; and |
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| (d) ensure that the aerial extent of bird - scaring lines is 100 m or more; and (e) use long streamers of sufficient length to reach the sea surface in calm conditions, placed at intervals of no more than 5 m. For vessels less than 35 m, the person must: (a) deploy at least one bird - scaring line; and (b) ensure that the aerial extent of bird - scaring lines is 75 m or more; and (c) use long or short streamers (greater than 1 m in length), placed at intervals as follows: (i) short--intervals of no more than 2 m; (ii) long--intervals of no more than 5 m for the first 55 m of bird - scaring line. | |
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| A person must ensure that when using this measure, that the person complies with additional minimum technical standards for this measure as provided in Annex 1 of IOTC Resolution 12/06, as given effect by this clause. |
3 | Line weighting | The person must deploy line weights on the snood before setting. | Line weights must be attached as follows: (a) if the weights are more than 45 g but less than 60 g--they must be attached within 1 m of the hook; (b) if the weights are more than 60 g but less than 98 g--they must be attached within 3.5 m of the hook; (c) if the weights are more than 98 g--they must be attached within 4 m of the hook. |
9 Recording of catch and effort by fishing vessels in the IOTC Area of Competence
9.1 A person must comply with subclause 9.2 if:
(a) the person uses a boat that is a purse seine, longline, gillnet, pole and line, handline or trolling boat; and
(b) the boat satisfies the length requirements set out in subclause 9.1A.
9.1A The length requirements are that:
(a) the boat has an overall length of 24 metres or more; or
(b) both:
(i) the boat has an overall length of less than 24 metres; and
(ii) operates in waters outside the economic exclusive zone of the flag State of the boat; or
(c) both:
(i) the boat has an overall length of less than 24 metres; and
(ii) operates in waters within the economic exclusive zone of a Contracting Party or Co - Operating non - Contracting Party that is not a developing State.
9.2 The person must:
(a) keep a bound or electronic logbook that records the information mentioned in column 1 of an item in the following table, for the vessel mentioned in column 2; and
(b) record the information as mentioned in column 3; and
(c) maintain the logbook in accordance with the annex of IOTC Resolution 15/01 mentioned in column 4 ; and
(d) submit a copy of the logbook to the flag State of the boat; and
(e) if the person has used the boat to fish in the exclusive economic zone of a State (the other State ) other than the flag State of the boat--submit a copy of the parts of the logbook that relate to fishing in the other State's exclusive economic zone to the other State.
Logbook Information | ||||
Item | Column 1 | Column 2 | Column 3 | Column 4 |
| Information | Vessel | Frequency | Annex of IOTC Resolution 15/01 |
1 | Vessel, trip and gear configuration | Purse seine, longline, gillnet and pole and line | Once each trip, unless gear configuration changes | I |
2 | Purse seine, longline, gillnet and pole and line operations and catch | Purse seine, longline, gillnet and pole and line | For each set or operation of the fishing gear | II |
3 | Handline and trolling gear | Handline and trolling gear | For each operation of the fishing gear | III |
10.1 A person using a boat in the IOTC Area for fishing must not participate in a joint operation with a vessel included in the IUU Vessels List.
Note: Examples of a joint operation mentioned in subclause 10.1 include resupplying and refuelling a vessel included in the IUU Vessels List. Transhipping with a vessel included in the IUU Vessels List is included in the definition of IUU Fishing Activities in the IOTC Resolution .
11.1 A person using a boat in the IOTC Area for fishing must, if an observer is placed on the boat:
(a) provide the observer with access to retained catch; and
(b) provide the observer with access to catch that is intended to be discarded; and
(c) ensure that the observer is able to carry out the observer's duties in a competent and safe manner ; and
(d) provide the observer with access to boat staff and to the gear and equipment that is necessary to carry out the observer's duties, including the following (if present on the boat):
(i) satellite navigation equipment;
(ii) radar display viewing screens;
(iii) electronic means of communication.
12 To prohibit the use of large - scale driftnets on the high seas in the IOTC Area
12.1 Unless subclause 12.5 applies, a person using a boat in the IOTC Area for fishing for tuna and tuna - like species must comply with subclauses 12.2, 12.3 and 12.4.
12.2 The person must not have on board the boat a gillnet that:
(a) is more than 2.5 kilometres in length; and
(b) has any of the following purposes:
(i) to enmesh fish by drifting on the surface of the water column;
(ii) to enmesh fish by drifting in the water column;
(iii) to entrap fish by drifting on the surface of the water column;
(iv) to entrap fish by drifting in the water column;
(v) to entangle fish by drifting on the surface of the water column;
(vi) to entangle fish by drifting in the water column.
12.3 The person must not have on board the boat a net other than a gillnet that:
(a) is more than 2.5 kilometres in length; and
(b) has any of the following purposes:
(i) to enmesh fish by drifting on the surface of the water column;
(ii) to enmesh fish by drifting in the water column;
(iii) to entrap fish by drifting on the surface of the water column;
(iv) to entrap fish by drifting in the water column;
(v) to entangle fish by drifting on the surface of the water column;
(vi) to entangle fish by drifting in the water column.
12.4 The person must not have on board the boat a combination of nets that:
(a) is more than 2.5 kilometres in length; and
(b) has any of the following purposes:
(i) to enmesh fish by drifting on the surface of the water column;
(ii) to enmesh fish by drifting in the water column;
(iii) to entrap fish by drifting on the surface of the water column;
(iv) to entrap fish by drifting in the water column;
(v) to entangle fish by drifting on the surface of the water column;
(vi) to entangle fish by drifting in the water column.
12.5 If the boat is authorised to use large - scale driftnets in the economic exclusive zone of the Flag State of the boat, the person using the boat must ensure that, if any net of a type mentioned in subclause 12.2, 12.3 or 12.4 is on board the boat, the net is:
(a) stowed so that the net is not readily available to be used for fishing; or
(b) secured so that the net is not readily available to be used for fishing.
13 Conservation of marine turtles
13.1 A person using a boat in the IOTC Area for fishing for tuna or tuna - like species that:
(a) has gillnets on board; or
(b) is using gillnets;
must record each incident involving a marine turtle that takes place during fishing operations in the boat's logbook.
13.2 A person using a boat that has longlines on board in the IOTC Area for fishing must:
(a) carry line cutters and de - hookers, in order to facilitate the appropriate handling and prompt release of marine turtles caught or entangled; and
(b) record each incident involving a marine turtle that takes place during fishing operations in the boat's logbook.
13.3 A person using a purse seine boat in the IOTC Area for fishing must:
(a) if a marine turtle is caught in a net:
(i) stop net roll; and
(ii) remove the turtle from the net before resuming net roll; and
(b) record each incident involving a marine turtle that takes place during fishing operations in the boat's logbook.
13.4 A person using a boat in the IOTC area that has longlines on board, or is being used for fishing for tuna and tuna - like species, must:
(a) bring aboard, if practicable, any captured marine turtle that is comatose or inactive as soon as possible and foster its recovery, including aiding in its resuscitation, before safely returning it to the water; and
(b) be aware of and use proper mitigation, identification, handling and de - hooking techniques and keep on board all necessary equipment for the release of marine turtles, in accordance with handling guidelines in the IOTC Marine Turtle Identification Cards.
14.1 A person using a boat which appears on the IOTC record of authorised vessels:
(a) must release all species of the Family Alopiidae that are brought alongside the boat; and
(b) must release the species unharmed if practicable; and
(c) must not retain on board, store, tranship, land, offer for sale, or sell, any part or whole carcass of the species.
14.2 However, scientific observers may collect biological samples (vertebrae, tissues, reproductive tracts, stomachs, skin samples, spiral valves, jaws, whole and skeletonised specimens for taxonomic works and museum collections) from thresher sharks that are dead at haulback, only if the samples are part of a research project approved by the Scientific Committee (or Working Party on Ecosystems and By - catch) in accordance with IOTC Resolution 12/09, as given effect by this clause.
15.1 A person using a boat to fish for tuna or tuna - like species on the high seas within the IOTC Area must not set a purse seine net around a cetacean if the cetacean is sighted prior to the commencement of the set.
15.2 If a cetacean is encircled in a purse seine net, the person must:
(a) take all reasonable steps to ensure the safe release of the cetacean, including following the best practice guidelines for the safe release and handling of cetaceans developed by the IOTC Scientific Committee; and
(b) record for each encirclement incident the following information:
(i) the species of cetacean (if known);
(ii) the number of cetaceans encircled;
(iii) a short description of the interaction with the cetacean, including details of how and why the interaction occurred (if possible);
(iv) the location of the encirclement;
(v) the steps taken to ensure the safe release of the cetacean;
(vi) the life status of the cetacean on release, including whether the cetacean was released alive but subsequently died; and
(c) report the information to the appropriate authority of the flag State of the boat.
15.3 A person using a boat to fish for tuna or tuna - like species on the high seas within the IOTC Area using fishing gear other than a purse seine net must:
(a) record for each incident involving a cetacean the following information:
(i) the species (if known);
(ii) the number of cetaceans involved;
(iii) a short description of the incident, including details of how and why the incident occurred (if possible);
(iv) the location of the incident;
(v) the steps taken to ensure the safe release of the cetacean;
(vi) the life status of the cetacean on release, including whether the cetacean was released alive but subsequently died; and
(b) report the information to the appropriate authority of the flag State of the boat.
16 Conservation of whale sharks
16.1 A person using a boat to fish for tuna or tuna - like species on the high seas within the IOTC Area must not set a purse seine net around a whale shark if the whale shark is sighted prior to the commencement of the set.
16.2 If a whale shark is encircled in a purse seine net, the person must:
(a) take all reasonable steps to ensure the safe release of the whale shark including following the best practice guidelines for the safe release and handling of whale sharks developed by the IOTC Scientific Committee; and
(b) record for each encirclement incident the following information:
(i) the number of whale sharks encircled;
(ii) a short description of the interaction with the whale shark, including details of how and why the interaction occurred (if possible);
(iii) the location of the encirclement;
(iv) steps taken to ensure safe release of the whale shark;
(v) the life status of the whale shark on release, including whether the whale shark was released alive but subsequently died; and
(c) report the information to the appropriate authority of the flag State of the boat.
16.3 A person using a boat to fish for tuna or tuna - like species on the high seas within the IOTC Area using fishing gear other than a purse seine net must:
(a) record for each incident involving a whale shark the following information:
(i) the number of whale sharks involved;
(ii) a short description of the incident, including details of how and why the incident occurred (if possible);
(iii) the location of the incident;
(iv) steps taken to ensure safe release of the whale shark;
(v) the life status of the whale shark on release, including whether the whale shark was released alive but subsequently died; and
(b) report the information to the appropriate authority of the flag State of the boat.
17 Conservation of shark species caught in association with IOTC managed fisheries
17.1 This clause applies to a person using a boat in the IOTC Area for fishing if:
(a) the boat is:
(i) listed on the IOTC Record of Vessels Authorised to Operate in the IOTC Area; or
(ii) authorised to fish for tuna or tuna - like species on the high seas within the IOTC Area; and
(b) the person is not using the boat to catch fish for local consumption in an artisanal fishery located in the exclusive economic zone of the flag State of the boat.
Note: The IOTC Record of Vessels Authorised to Operate in the IOTC Area could in 2014 be viewed on the Commission's website (http://www.iotc.org).
17.2 The person:
(a) must promptly release unharmed, to the extent practicable, oceanic whitetip brought alongside the boat; and
(b) must not retain on board, tranship, land or store any part or whole carcass of an oceanic whitetip shark.
17.3 However, scientific observers may collect biological samples from oceanic whitetip sharks that are dead at haulback if the samples are taken as part of a research project approved by the IOTC Scientific Committee or IOTC's Working Party on Ecosystems and By - catch.
18 Use of fish aggregating devices
18.1 A person using a purse seine boat to fish on a fish aggregating device in the IOTC Area must comply with this clause .
18.2 The person must:
(a) if the person is fishing on a drifting fish aggregating device--keep a logbook that records the following information:
(i) the position of the device;
(ii) the date of the visit;
(iii) the device identifier;
(iv) the type of device (natural or artificial);
(v) the characteristics of the device, including dimensions and material of the floating part and underwater hanging equipment;
(vi) the type of visit (such as deployment, hauling, retrieving, loss or intervention on electronic equipment);
(vii) if the visit is followed by a set--the catch and by - catch of the set; or
(b) if the person is fishing on an anchored fish aggregating device--keep a logbook that records the following information:
(i) the position of the device;
(ii) the date of the visit;
(iii) the device identifier;
(iv) if the visit is followed by a set--the catch and by - catch of the set.
18.3 If the person is fishing on a drifting fish aggregating device, the person may use a buoy for the purpose of aggregating:
(a) tuna and tuna - like species; or
(b) species associated with, or dependent on, tuna or tuna - like species.
However, on and after 1 January 2017, the person may only use an instrumented buoy for this purpose.
18.4 A person using a purse seine boat must ensure that:
(a) no more than 425 active instrumented buoys are used at any one time; and
(b) no more than 850 instrumented buoys are acquired for the boat each year.
18.5 In this clause:
"instrumented buoy" means a buoy:
(a) that can be identified by a clearly marked reference number; and
(b) whose position can be monitored by a satellite tracking system.
19 Ban on discards of bigeye, skipjack and yellowfin tuna
19.1 A person using a purse seine boat to fish in an IOTC area must retain on board and then land at port all bigeye, skipjack and yellowfin tuna caught unless:
(a) the tuna are unfit for human consumption; or
(b) in a final set of a trip:
(i) there is insufficient storage capacity in the boat to accommodate all of the tuna caught in the final set; and
(ii) the person attempts to release the tuna alive; and
(iii) the person does not undertake any further fishing until the tuna on board the boat are landed or transhipped.
19.2 For the purpose of subclause 19.1, fish are considered to be caught at the point in the set when the net is fully pursed and more than one half of the net has been retrieved.
19.3 In this clause:
"unfit for human consumption" , in relation to bigeye, skipjack and yellowfin tuna, means:
(a) fish that are meshed or crushed in the purse seine; or
(b) fish that are damaged due to depredation; or
(c) fish that have died and spoiled because a gear failure has prevented normal retrieval of the fish and effort to release the fish alive;
but does not include:
(d) fish that are considered undesirable because of size, marketability or species composition; or
(e) fish that are spoiled or contaminated as the result of an act or omission by the crew of a boat.
20 Ban on using artificial lights to attract fish
20.1 A person using a boat in the IOTC Area for fishing must not install or operate surface or submerged artificial lights for the purpose of aggregating:
(a) tuna and tuna - like species; or
(b) species associated with, or dependent on, tuna or tuna - like species.
20.2 A person using a boat in the IOTC Area for fishing must not fish around or near any boat or drifting fish aggregating device equipped with artificial lights for the purpose of attracting tuna or tuna - like species.
21 Ban on using aircraft or unmanned aerial vehicles as fishing aids
21.1 A person using a
fishing boat, support boat or supply boat in the IOTC Area must not use an
aircraft or an unmanned aerial vehicle as a fishing aid for fishing for tuna
or tuna - like species.