Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations
1.1 In this Schedule:
"ICCAT recommendation for vessel monitoring systems" means the recommendation by ICCAT concerning Minimum Standards for the Establishment of a Vessel Monitoring System in the ICCAT Convention Area and as in force from time to time.
2.1 A person using a boat for a fishing trip must not fish for Southern Bluefin Tuna unless:
(a) the boat is recorded on the CCSBT Record of Vessels to which the Resolution relates; and
(b) a certificate (however described) of registration of the boat is in force and on board the boat; and
(c) an authorisation (however described) to fish is in force for the boat and on board the boat; and
(d) if transhipping will be undertaken on the fishing trip:
(i) an authorisation (however described) to tranship is in force for the boat; and
(ii) the authorisation, or a copy of it, is on board the boat and is available to a CCSBT regional observer on request; and
(e) the person does not engage in activities with another boat fishing for Southern Bluefin Tuna if the other boat is not recorded on the CCSBT Record of Vessels; and
(f) if the boat:
(i) is not a wooden or fibreglass boat; and
(ii) has either a gross tonnage or a gross registered tonnage of 100 or more;
the boat has an IMO number issued to it.
Note: The CCSBT Record of Vessels could in 2017 be viewed on the CCSBT's website (http://www.ccsbt.org).
3 Establishing the CCSBT Vessel Monitoring System
3.1 A person who is using a boat to fish for Southern Bluefin Tuna in the CCAMLR area of competence must have an operational vessel monitoring system in accordance with clause 4 of Schedule 1.
3.2 A person who is using a boat to fish for Southern Bluefin Tuna in the IOTC area of competence must have an operational vessel monitoring system in accordance with clause 4 of Schedule 2.
3.3 A person who is using a boat to fish for Southern Bluefin Tuna in the WCPFC area of competence must have an operational vessel monitoring system in accordance with clause 6 of Schedule 3.
3.4 A person who is using a boat to fish for Southern Bluefin Tuna in the ICCAT area of competence must have an operation al vessel monitoring system in accordance with recommendation 03 - 14 of the ICCAT recommendation for vessel monitoring systems.
Note 1: The CCAMLR area of competence is the Southern Ocean surrounding Antarctica, south of 60º S latitude and between that latitude and the Antarctic Convergence. The Antarctic Convergence is a line joining the following points along latitude and longitude lines: 50º S, 0º; 50º , 30º E; 45º S, 30º E; 45º S, 80º E; 55º S, 80º E; 55º S, 150º E; 60º S, 150º E; 60º S, 50º W; 50º S, 50º W; 50º S, 0º.
Note 2: The IOTC area of competence is the Indian Ocean (FAO statistical areas 51 and 57) and adjacent seas, north of the Antarctic Convergence, to the extent necessary to cover those seas for the purpose of conserving and managing stocks that migrate into or out of the Indian Ocean.
Note 3: The WCPFC area of competence is set out on the internet at www.wcpfc.int.
Note 4: The ICCAT area of competence is set out on the internet at www.iccat.int.
3.5 A person who is using a boat to tranship Southern Bluefin Tuna must have an operational vessel monitoring system in accordance with the CCSBT Resolution on establishing vessel monitoring systems.
3.6 A person who is using a boat to receive a transhipment of Southern Bluefin Tuna must have an operational vessel monitoring system in accordance with the CCSBT Resolution on establishing vessel monitoring systems.
Note 5: The CCSBT Resolution on establishing the CCSBT Vessel Monitoring System could in 2015 be viewed on the CCSBT's website (http://www.ccsbt.org).
4 Establishing a program for Transhipment by Large - Scale Fishing Vessels
Boat from which transhipment occurs
4.1 A person using a boat equipped with longlines and freezing capacity (the first boat ) for the purpose of transhipping Southern Bluefin Tuna to another boat (the second boat ) must:
(a) tranship Southern Bluefin Tuna to the second boat only if the second boat is recorded on the CCSBT Record of Carrier Vessels; and
(b) notify the first boat's flag State national fisheries authority about the transhipment at least 24 hours before the transhipment occurs; and
(c) include with the notification the following information:
(i) the name and number of the first boat as recorded in the CCSBT Record of Carrier Vessels;
(ii) the name and number of the second boat as recorded in the CCSBT Record of Carrier Vessels;
(iia) if issued--the IMO/Lloyd's registration number of the second boat;
(iii) the amount by tonnage of Southern Bluefin Tuna that was transhipped;
(iv) the day on which and the place at which the transhipment occurred;
(v) the geographic location at which the Southern Bluefin Tuna was caught;
(vi) the type of vessel used in the transhipment including the length of the vessel, the gross tonnage of the vessel and the vessel's carrying capacity; and
(d) notify the first boat's flag State national fisheries authority and, if applicable, the competent authority of the coastal State where the transhipment occurs , in the approved form and no later than 15 days after the transhipment occurs, that the transhipment has occurred.
Boat to which transhipment occurs
4.2 The person using the second boat to receive a transhipment of Southern Bluefin Tuna from the first boat must not allow the second boat to receive the transhipment unless the person using the first boat provides evidence that the first boat:
(a) is participating in the CCSBT program to monitor transhipment at sea; and
(b) has been authorised by the first boat's flag State national fisheries authority to tranship at sea.
4.3 The person using the second boat must:
(a) notify the second boat's flag State national fisheries authority, in the approved form and no later than 24 hours after the transhipment occurs, that the transhipment has occurred; and
(b) when the transhipment occurs--ensure that a CCSBT regional observer is on board the first boat unless:
(i) a force majeure, or another unexpected and disruptive event, has prevented the person from having the observer on board; and
(ii) the person has notified the CCSBT Executive Secretary that the observer is not on board; and
(c) no later than 48 hours before landing the Southern Bluefin Tuna:
(i) notify the competent authority of the State fishing entity where the landing is to take place, in the approved form, that the transhipment has occurred; and
(ii) include with the notification the number of the second boat as recorded in the CCSBT Record of Carrier Vessels.
5 Implementation of a CCSBT Catch Documentation Scheme
5.1 A person fishing for Southern Bluefin Tuna must:
(a) attach a CCSBT tag to each whole Southern Bluefin Tuna caught:
(i) at the time the fish is killed; or
(ii) if the fish is caught in a farming operation--within 30 hours of the fish being killed; or
(iii) if the fish is caught by a person using a boat recorded on the CCSBT Record of Fishing Vessels and the person does not have sufficient CCSBT tags on board to tag all killed Southern Bluefin Tuna--at the time the fish is landed; or
(iv) if the fish is caught as unexpected by - catch and the person does not have CCSBT tags on board, or does not have sufficient CCSBT tags on board, to tag all killed Southern Bluefin Tuna--at the time the fish is landed; and
(b) complete a Catch Tagging Form for each Southern Bluefin Tuna tagged as soon as possible after the fish is tagged; and
(c) give the completed Catch Tagging Form to the flag State of the boat.
Note: The CCSBT Record of Fishing Vessels was in 2014 available on the CCSBT's website (http://www.ccsbt.org).
5.2 A person must not use a CCSBT tag in a manner other than a manner authorised by this clause.
5.3 In this clause:
"Catch Tagging Form" means the Catch Tagging Form set out in Appendix 1 to the Resolution on the Implementation of a CCSBT Catch Documentation Scheme.
"CCSBT tag" means a tag that complies with the requirements of Appendix 2 to the Resolution on the Implementation of a CCSBT Catch Documentation Scheme.
Note: The Resolution on the Implementation of a CCSBT Catch Documentation Scheme could in 2014 be viewed on the CCSBT's website (http://www.ccsbt.org).
6.1 A person fishing for Southern Bluefin Tuna must not:
(a) use a boat that is included on the IUU Vessels List; or
(b) tranship with a boat included on the IUU Vessels List; or
(ba) farm Southern Bluefin Tuna taken from a boat included on the IUU Vessels List; or
(c) participate in a joint fishing operation with a boat included on IUU Vessels List; or
(d) assist a boat included on the IUU Vessels List; or
(e) resupply a boat included on the IUU Vessels List.
6.2 In this clause:
"IUU Vessels List" means the list of boats identified by the CCSBT as having carried out illegal, unreported and unregulated fishing activities in relation to Southern Bluefin Tuna.
Note: The IUU Vessels List could in 2014 be viewed on the CCSBT's website (http://www.ccsbt.org).
7.1 This clause applies to a person using a boat (other than a container vessel):
(a) that is carrying S outhern B luefin T una, or products made from S outhern B luefin T una, which have not been previously landed or transhipped at port; and
(b) that seeks access to a port for the purpose of landing or transhipment of the S outhern B luefin T una or the products.
7.2 The person must:
(a) provide the information set out in Annex A to the CCSBT Resolution for a CCSBT Scheme for Minimum Standards for Inspection in Port (15 October 2015) to the appropriate authority of the port State at least 72 hours before the estimated time of arrival at the port; and
(b) cooperate with the competent authorities, including by:
(i) providing safe access to the boat; and
(ii) facilitating the inspection of the boat; and
(iii) facilitating communication with the inspectors; and
(iv) not obstructing, intimidating or interfering with the inspectors, or causing other persons to obstruct, intimidate or interfere with the inspectors.
Note: The CCSBT Resolution for a CCSBT Scheme for Minimum Standards for Inspection in Port (15 October 2015) could in 2017 be viewed on the CCSBT's website (http://www.ccsbt.org).