Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(paragraph 2.1(c))
Note: The formal title of the Western and Central Pacific Fisheries Commission (WCPFC) is the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean , established under the Convention mentioned in item 4 of Schedule 4. However, the short title is used as an official title on the WCPFC website, see http://www.wcpfc.int.
1.1 In this Schedule:
"Commission" means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.
"Convention Area" means the waters defined in Article 3 of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean , done at Honolulu on 5 September 2000 ([2004] ATS 15).
Note: The text of the Convention is available in the Australian Treaties Library, located on the Internet at http://www.austlii.edu.au.
"IUU vessels list" means the List of vessels presumed to have conducted illegal, unregulated and unreported fishing activities in the Western and Central Pacific Ocean as amended from time to time.
Note: The IUU vessels list is available on the Internet at http://www.wcpfc.org .
2 WCPFC Record of Fishing Vessels and authorisation to fish
2.1 A person using a boat in the Convention Area for fishing must not fish for highly migratory fish stocks unless the boat is recorded on the WCPFC Record of Fishing Vessels.
2.2 The person must not transship highly migratory fish stocks that have been caught in the Convention Area to a boat which is not recorded on the WCPFC Record of Fishing Vessels or the WCPFC Interim Register of Non - Member Carrier and Bunker Vessels.
2.3 The person must not bunker or otherwise receive supplies from a boat that is not recorded on the WCPFC Interim Register of non - Member Carrier and Bunker Vessels.
Note: The WCPFC Record of Fishing Vessels and the WCPFC Interim Register of Non - Member Carrier and Bunker Vessels are available on the internet at www.wcpfc.int.
3 Specifications for the marking and identification of fishing vessels
3.1 A person using a boat in the Convention Area for fishing must not fish in the Convention Area unless:
(a) the WCPFC Identification number for the boat is displayed on the boat at all times:
(i) prominently; and
(ii) in the English language; and
(b) the WCPFC Identification number displayed on the boat is the number that is recorded for the boat on the WCPFC Record of Fishing Vessels.
4 Western and Central Pacific Fisheries Commission Boarding and Inspection Procedures
4.1 A person using a boat that is licensed to operate in the Convention Area must allow an authorised inspector to board and inspect the boat.
5 Conservation and Management Measure for the Regional Observer Programme
5.1 A person using a boat that is licensed to operate in the Convention Area for fishing:
(a) if the Commission requires--must allow an observer to board the boat; and
(b) must not obstruct the observer in the performance of his or her duties; and
(c) must assist the observer to perform his or her duties safely.
6 Commission Vessel Monitoring System
6.1 A person using a boat to fish for highly migratory fish stocks on the High Seas in the Convention Area south of 20° N and east of 175° E must, while the boat remains on the high seas in the Convention Area, have an ALC:
(a) that enables the WCPFC to monitor the true location of the boat; and
(b) that is of the minimum standard mentioned in Annex 1 to the WCPFC Conservation and Management Measure on the Commission Vessel Monitoring System; and
(c) that is used in accordance with the Standards, specifications and procedures (SSP) for the fishing vessel monitoring system (VMS) of the Western and Central Pacific Fisheries Commission (WCPFC) .
Note: The following documents could in 2015 be viewed on the Western and Central Pacific Fisheries Commission's website (http://www.wcpfc.int):
(a) Annex 1 to the WCPFC Conservation and Management Measure on the Commission Vessel onitoring System;
(b) Standards, specifications and procedures (SSP) for the fishing vessel monitoring system (VMS) of the Western and Central Pacific Fisheries Commission (WCPFC) .
6.2 In this clause:
"Automatic Location Communicator" (or ALC ) means a near real - time satellite position fixing transmitter.
7.1 A person using a boat in the Convention Area for fishing must not:
(a) tranship with a boat included in the IUU Vessels List; or
(b) participate in a joint fishing operation with a boat included in the IUU Vessels List; or
(c) support a vessel included in the IUU Vessels List; or
(d) resupply a vessel included in the IUU Vessels List; or
(e) trade highly migratory fish stocks caught by a boat included in the IUU Vessels List; or
(f) import highly migratory fish stocks caught by a boat included in the IUU Vessels List; or
(g) transport highly migratory fish stocks caught by a boat included in the IUU Vessels List; or
(h) engage in transactions in highly migratory fish stocks caught by a boat included in the IUU Vessels List.
Note: The IUU Vessels List is available on the Internet at http://www.wcpfc.int.
8.1 A person using a longline boat to fish for highly migratory fish stocks in the Convention Area must:
(a) if the person is fishing in an area south of 30°S in the Convention Area--use at least 2 of the mitigation measures mentioned in column 1 of items 1, 2 and 3 of the following table; or
(b) if the boat is 24 metres or more in overall length, and the person is fishing in an area north of 23°N in the Convention Area--use at least 2 of the mitigation measures mentioned in the following table, including at least one mentioned in column 1 of the table; or
(c) if the boat is less than 24 metres in overall length, and the person is fishing in an area north of 23°N in the Convention Area--use at least one of the mitigation measures mentioned in column 1 of the following table.
Mitigation measures | ||
Item | Column 1 | Column 2 |
1 | Night setting with minimum deck lighting | Tori line |
2 | Tori line | Blue - dyed bait |
3 | Weighted branch lines | Deep setting line shooter |
4 | Side setting with a bird curtain and weighted branch lines | Management of offal discharge |
Note: If a person selects "tori line" from column 1 and column 2 of the table, the selection equates to simultaneously using 2 (that is paired) tori lines.
8.1A For the purposes of subclause 8.1, a person using the mitigation measure mentioned in column 1 of item 4 of the table in that subclause is taken to be using 2 mitigation measures mentioned in column 1 of that table.
8.2 The person must implement the measures in the Table in accordance with the minimum technical specifications set out in Annex 1 of WCPFC Conservation and Management Measure to Mitigate the Impact of Fishing for Highly Migratory Fish Stocks on Seabirds.
Note: Annex 1 of WCPFC Conservation and Management Measure to Mitigate the Impact of Fishing for Highly Migratory Fish Stocks on Seabirds is available on the Internet at http://www.wcpfc.int.
9 Conservation and management measure for bigeye, yellowfin and skipjack tuna
9.1 This clause applies to a person using a purse seine boat to fish for highly migratory fish stocks:
(a) on the high seas within the Convention Area; or
(b) in an exclusive economic zone in the Convention Area.
9.2 The person:
(a) must not fish on fish aggregating devices between:
(i) 0000 hours on 1 July 2014 and 2400 hours on 30 September 2014; and
(ii) 0000 hours on 1 July 2015 and 2400 hours on 30 September 2015; and
(iii) 0000 hours on 1 July 2016 and 2400 hours on 30 September 2016; and
(b) must not fish on fish aggregating devices during one of the following periods if the flag State of the boat has notified the Secretariat of the Commission that it elects to extend the prohibition on fish aggregating devices to include that period:
(i) between 0000 hours on 1 October 2014 and 2400 hours on 31 October 2014;
(ii) between 0000 hours on 1 January 2015 and 2400 hours on 28 February 2015;
(iii) between 0000 hours on 1 January 2016 and 2400 hours on 29 February 2016; and
(c) must not fish on fish aggregating devices located in the high sea on or after 0000 hours on 1 January 2017 unless the Commission has granted an exemption to the person; and
(d) if fishing between 20°N and 20°S--must carry on board the boat an observer; and
(e) if fishing between 20°N and 20°S--must retain on board and then land or tranship at port all bigeye, skipjack and yellowfin tuna caught unless any of the following circumstances exist:
(i) in the final set of a trip, there is insufficient well space in the boat to accommodate all fish caught in the final set, and unless prohibited under applicable national law, excess fish taken in the final set are transferred to and retained on board another purse seine boat;
(ii) the fish are unfit for human consumption for a reason other than the size of the fish;
(iii) a serious malfunction of equipment on the boat occurs; and
(f) if the flag State of the boat has notified the Secretariat of the Commission that it elects to limit the number of fish aggregating device sets--must report each week to the flag State of the boat the following:
(i) the number of fish aggregating device sets;
(ii) the total number of sets;
(iii) an estimate of bigeye tuna caught.
9.3 For paragraph 9.2(d), the observer must be from the Regional Observer Program unless the person is fishing solely within the national jurisdiction of the flag State of the boat.
10 Conservation and Management of Sea Turtles
10.1 A person who:
(a) is using a boat to fish in the Convention Area; and
(b) is targeting highly migratory fish stocks; and
(c) catches a sea turtle that is comatose or inactive;
must, if practicable, perform each of the actions included in subclause 10.2.
10.2 The person mentioned in subclause 10.1 must, if practicable, perform each of the following actions:
(a) bring the sea turtle on board the boat as soon as practicable after the sea turtle is caught; and
(b) revive the sea turtle; and
(c) immediately after the sea turtle is revived, return the sea turtle to the water.
10.3 A person using a longline fishing boat to fish for highly migratory fish stocks in the Convention Area must perform each of the following actions:
(a) carry line cutters and de - hookers;
(b) if a sea turtle is caught or entangled -- use line cutters or de - hookers to handle and promptly release the sea turtle;
(c) if appropriate -- carry and use dip - nets.
10.4 A person:
(a) using a longline fishing boat to fish in the Convention Area; and
(b) fishing for swordfish in a shallow - set manner;
must record each incident involving sea turtles that occurs during fishing operations and report each incident to the appropriate authorities of the flag state of the boat.
10.5 A person using a purse seine boat to fish for highly migratory fish stocks in the Convention Area must:
(a) to the extent that is practicable, avoid encirclement of a sea turtle; and
(b) if a sea turtle is encircled or entangled -- take practicable measures to safely release the sea turtle; and
(c) if a sea turtle is entangled in a fish aggregating device or other fishing gear--if practicable, release it from the device or gear; and
(d) carry and use dip nets if handling turtles.
10.6 A person using a purse seine boat to fish in the Convention Area must:
(a) record each incident involving sea turtles that occurs during fishing operations; and
(b) report each incident to the appropriate authorities of the flag state of the boat.
11.1 Unless subclause 11.2 applies, a person using a boat to fish in the Convention Area must not:
(a) use large - scale driftnets on the high seas within the Convention Area; or
(b) configure large - scale driftnets for use on the high seas within the Convention Area; or
(c) possess large - scale driftnets on the high seas within the Convention Area.
11.2 Subclause 11.1 does not apply if the person using the boat can demonstrate that:
(a) the boat is duly authorised to use large - scale driftnets in waters under national jurisdiction; and
(b) while the boat is on the high seas in the Convention Area:
(i) each large - scale driftnet; and
(ii) any fishing equipment related to large - scale driftnets;
is stowed or secured in such a manner that each large - scale driftnet or any related fishing equipment is not readily available to be used for fishing.
11.3 In this clause:
"large-scale driftnets" means gillnets, other nets, or a combination of nets that:
(a) are more than 2.5 kilometres in length; and
(b) have any of the following purposes:
(i) to enmesh fish;
(ii) to entrap fish;
(iii) to entangle fish;
by drifting on the surface of the water or in the water column.
"configure" means to have on board a boat fishing gear, either assembled or unassembled, that collectively would enable a person using the boat to deploy and retrieve large - scale driftnets.
12 Conservation and Management of Sharks
12.1 A person using a boat to fish for highly migratory fish stocks in the Convention Area for fishing must:
(a) retain on board the boat, until the point of first landing or transhipment, each part of a shark, except the head, guts and skins of the shark; and
(b) unless the flag state of the boat does not require the person to do so, offload shark fins and carcasses together at the point of first landing; and
(c) If paragraph ( b) does not apply, the person must ensure that the total weight of shark fins kept on board the boat does not, at any time until the first point of landing, exceed 5 percent of the total weight of sharks kept on board the boat.
12.2 A person using a longline fishing boat to fish for tuna and billfish in the Convention Area must ensure that:
(a) the boat does not use or carry wire trace as:
(i) a branch line; or
(ii) a leader; or
(b) the boat does not use a branch line that runs directly off a longline float or drop line.
13.1 This clause applies to a person using a purse seine boat to fish for highly migratory fish stocks on the high seas in the area of the Convention Area bounded by 20 ï‚° N and 20 ï‚° S in the closure period starting at 0000 hours on 1 July in a calendar year and ending at 2400 hours on 30 September in the year.
13.2 The person must not:
(a) conduct any part of a set within 1 nautical mile of a FAD; or
(b) allow the boat to be used to aggregate fish or to move aggregated fish; or
(c) retrieve a FAD or electronic equipment associated with a FAD unless:
(i) the FAD or electronic equipment are kept on board the boat until the boat lands or the end of the closure; and
(ii) the boat does not conduct a set for a period of 7 days after the day of the retrieval or within 50 nautical miles of the place at which the retrieval occurred; or
(d) cooperate with another boat in order to catch aggregated fish; or
(e) fish during the closure period within 1 nautical mile of a place where a FAD has been retrieved by another vessel, unless more than 24 hours has passed since the FAD was retrieved.
13.3 The person may release fish if the person considers the fish to be undesirable because of the size of the fish, the marketability of the fish or the species composition of the fish.
13.4 However, the person must not release the fish unless the person does so before the net is fully pursed and one half retrieved.
13.5 The person may discard fish if any of the circumstances mentioned in subclause 13.6 occurs and an observer has estimated the species composition of the fish to be discarded.
13.6 For subclause 13.5, each of the following are circumstances:
(a) the fish are unfit for human consumption for a reason other than the size or marketability of the fish;
(b) a serious malfunction of the boat's equipment occurs;
(c) in a final set of a trip:
(i) there is insufficient well space in the boat to accommodate all the fish to be caught in the final set; and
(ii) the person attempts to release the fish alive; and
(iii) the person does not undertake any further fishing until the fish on board the boat are landed or transhipped.
13.7 If the person discards fish, the person must give the Executive Director of the Commission, no later than 48 hours after the fish have been discarded, a statement containing the following information:
(a) the boat's name, flag and WCPFC Identification Number;
(b) the name and nationality of the master of the boat;
(c) the boat's licence number;
(d) the name of the observer;
(e) the date and time on which the person discarded the fish;
(f) the latitude and longitude at which the fish were discarded;
(g) the type of FAD used;
(h) the reason the fish from the set were discarded;
(i) the estimated tonnage and species composition of fish from the set that were discarded;
(j) the estimated tonnage and species composition of fish from the set that were not discarded.
13.8 If the person discards fish in the circumstance mentioned in paragraph 13.6 (c), the statement mentioned in subclause 13.7 must also include a statement that no further fishing will be undertaken until the catch on board has been landed or transhipped.
13.9 The person must give a copy of the statement to the observer.
13.10 In this clause:
"FAD" means a Fish Aggregating Device that:
(a) has or has not been deployed; and
(b) is an object or group of objects of any size with which fish may associate; and
(c) consists of, but is not limited to, the following:
(i) living marine life;
(ii) dead marine life;
(iii) tree matter;
(iv) non - living equipment.
Note: Examples of FADs are a whale shark, bamboo, logs, buoys, floats, netting, webbing and plastics that are floating on or near the surface of the water.
14 Conservation and Management Measure Prohibiting Fishing on Data Buoys
14.1 A person using a boat in the Convention Area for fishing must not fish within 1 nautical mile of or interact with a data buoy unless the WCPFC has authorised the fishing.
14.2 If a boat becomes entangled with a data buoy, the person must remove the entangled boat or fishing gear connected to the boat in a way that limits any damage to the data buoy.
14.3 In this clause:
"data buoy" means a floating device that:
(a) is used for collecting and measuring environmental data; and
(b) is not used for fishing.
15 Conservation and Management Measure on the Regulation of Transhipment
15.1 A person must not tranship highly migratory fish stocks caught in the Convention Area unless:
(a) the person has completed a transhipment declaration in the approved form; and
(b) an observer is onboard the boat receiving the transhipment; and
(c) the boat receiving the transhipment is only receiving product from 1 boat at a time.
15.2 However, the person may tranship highly migratory fish stocks caught in the Convention Area to another boat if the transhipping is a result of:
(a) force majeure; or
(b) a serious mechanical breakdown of the boat that could threaten the safety of the crew or result in significant financial loss to the person as a result of the fish spoiling.
15.3 If the person is using a purse seine boat, the person must not tranship the fish stock at sea unless the WCPFC has granted an exemption.
15.4 If the person is not using a purse seine boat, the person must not tranship the fish stock unless the person gives the following information to the Executive Director of the Commission of the WCPFC no less than 36 hours before the transhipment occurs:
(a) the name and identification number of the offloading boat;
(b) the name and identification number of the receiving boat;
(c) a description of the fish including the species and its processed state (if any);
(d) the tonnage of fish to be transhipped;
(e) the day and time of the transhipment;
(f) the place that the transhipment will occur including the latitude and longitude of the place;
(g) the place or places where the fish stock was caught.
15.5 If the person is not using a purse seine boat, the person must give a transhipment declaration form to the WCPFC no later than 15 days after the transhipment occurs.
16 Eastern High - Seas Pocket Special Management Area
16.1 A person using a boat to conduct transhipment activities (either unloading or receiving) in the Eastern High - Seas Pocket must report this to the Commission, in the reporting format described in paragraph 2 of CMM 2010 - 02.
17.1 This clause applies to a person using a purse seine boat to fish for highly migratory fish stocks:
(a) on the high seas within the Convention Area; or
(b) in an exclusive economic zone in the Convention Area.
17.2 The person must not set a purse seine net on a school of tuna if a whale shark is sighted prior to the commencement of the set.
17.3 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; and
(b) record for each incident the following information:
(i) the number of whale sharks involved;
(ii) details of how and why the encirclement happened;
(iii) where the encirclement occurred;
(iv) steps taken to ensure the 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.
18 Conservation and management measure on daily catch and effort reporting
18.1 A person using a fishing boat in the Convention Area must record in a bound or electronic logbook the following information for each day the person is on the high seas within the Convention Area:
(a) if fishing operations occur during a day--the effort and catch at the end of each fishing operation;
(b) if no fishing operations occur during a day but other fishing efforts occur during the day (such as searching or deployment or retrieval of fish aggregating devices)--the fishing efforts that occur during the day;
(c) if no fishing operations or other fishing efforts occur during a day--the main activity undertaken during the day.
18.2 A person required to keep a logbook under subclause 18.1 must keep the logbook on board the boat at all times during the course of a fishing trip.
18.3 A person required to keep a logbook under subclause 18.1 must give the logbook or a copy of the logbook to the appropriate authority of the flag State of the boat:
(a) within 15 days after:
(i) the end of the fishing trip; or
(ii) the occurrence of a transhipment; or
(b) if the authority of the flag State of the boat specifies another period--the period specified.
19 Conservation and management measure for silky sharks
19.1 A person using a boat in the Convention Area for fishing:
(a) must release all silky sharks that are brought alongside the boat as soon as possible and in a manner that results in as little harm to the shark as possible; and
(b) must not retain on board, tranship, store or land any part or whole carcass of a silky shark caught in the Convention Area.
19.2 However, scientific observers may collect biological samples from silky sharks caught in the Convention Area if:
(a) the shark is dead on haulback; and
(b) the samples are required as part of a research project that has been approved by the Commission's Scientific Committee.
20 Protection of cetaceans from purse seine fishing operations
20.1 This clause applies to a person using a boat to fish for tuna or tuna - like species:
(a) on the high seas within the Convention Area; or
(b) in an exclusive economic zone in the Convention Area.
20.2 The person must not set a purse seine net on a school of tuna associated with a cetacean if the cetacean is sighted before the commencement of the set.
20.3 If a cetacean is encircled in a purse seine net, the person must take all reasonable steps to ensure its safe release, including:
(a) stopping the net roll; and
(b) not recommencing fishing until the cetacean has been released and is no longer at risk of capture.
20.4 If a cetacean is encircled in a purse seine net, the person must also:
(a) record the following information:
(i) the species of cetacean (if known);
(ii) the number of cetaceans involved;
(iii) the location;
(iv) the date;
(v) the steps taken to ensure the safe release of the cetacean;
(vi) the life status of the cetacean on release, including (if possible) 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.
21 Conservation measure for oceanic whitetip sharks
21.1 A person using a boat in the Convention Area for fishing:
(a) must release all oceanic whitetip sharks that are brought alongside the boat as soon as possible and in a manner that results in as little harm to the shark as possible; and
(b) must not retain on board, tranship, store or
land any part or whole of an oceanic whitetip shark caught in the Convention
Area.