Commonwealth Numbered Regulations

FISHERIES MANAGEMENT (INTERNATIONAL AGREEMENTS) AMENDMENT (2015 AND 2016 MEASURES) REGULATIONS 2017 (F2017L00920) - SCHEDULE 3A

40  Paragraph 2.1(a) of Schedule 3A

Before "Record of Vessels", insert "CCSBT".

41  Paragraph 2.1(e) of Schedule 3A

Omit "CCSBT Record of Fishing Vessels", substitute "CCSBT Record of Vessels".

42  After paragraph 2.1(e) of Schedule 3A

Insert:

             ; 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.

43  Subclause 2.1 of Schedule 3A (note)

Omit "2015", substitute "2017".

44  At the end of Schedule 3A

Add:

7   Inspection in port

7.1              This clause applies to a person using a boat (other than a container vessel):

                     (a)  that is carrying southern bluefin tuna, or products made from southern bluefin tuna, 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 southern bluefin tuna 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).

Part 5 -- South Pacific Regional Fisheries Management Organisation

Fisheries Management (International Agreements) Regulations 2009

45  Regulation 2.6 (table)

Repeal the table, substitute:

46  Subclause 1.1 of Schedule 3B

Insert:

"exploratory fishery " means:

                     (a)  a fishery in the Convention Area that has not been subject to fishing in the previous 10 years; or

                     (b)  a fishery in the Convention Area that is identified by reference to fishing by a particular gear type or technique, if the fishery has not been subject to fishing by that particular gear type or technique in the previous 10 years; or

                     (c)  any other fishery in the Convention Area if:

                              (i)  fishing has been undertaken in the fishery in the previous 10 years in accordance with SPRFMO Conservation and Management Measure 13-2016; and

                             (ii)  a decision has not yet been made under SPRFMO Conservation and Management Measure 13-2016 to either close or manage the fishery as an established fishery.

47  Subclause 8.2 of Schedule 3B (the subclause 8.2 inserted by item 68 of Schedule 1 to the Fisheries Management (International Agreements) Amendment (2012 to 2014 Measures) Regulation 2015 )

Omit "subclause 8.3", substitute "subclauses 8.3 and 8.3A".

48  After subclause 8.3 of Schedule 3B (the subclause 8.3 inserted by item 68 of Schedule 1 to the Fisheries Management (International Agreements) Amendment (2012 to 2014 Measures) Regulation 2015 )

Insert:

8.3A           Subclause 8.2 does not apply to the use of a boat in a particular fishery (identified by reference to gear type and geographical location) at a particular time if:

                     (a)  there have been no bird mortalities in relation to the boat within one year before the time; and

                     (b)  the flag State of the boat has maintained 100% observer coverage of the fishery for the 5-year period ending at the time; and

                     (c)  during that 5-year period, there have been fewer than one recorded bird mortalities per boat of that flag State in the fishery per year.

49  Clause 8 of Schedule 3B (the clause 8 inserted by item 99 of Schedule 1 to the Fisheries Management (International Agreements) Amendment (Other 2014 Measures) Regulation 2016 )

Renumber as clause 9 of Schedule 3B.

50  At the end of Schedule 3B

Add:

10   Conservation and management measure for exploratory fisheries

          10.1  Subject to clause 11, a person using a boat in the Convention Area for fishing:

                     (a)  must not fish in an exploratory fishery otherwise than in accordance with a fishery operations plan approved, from time to time, by the SPRFMO Commission under SPRFMO Conservation and Management Measure 13-2016 in relation to the fishery; and

                     (b)  must:

                              (i)  collect the data specified in the data collection plan approved, from time to time, by the SPRFMO Scientific Committee under SPRFMO Conservation and Management Measure 13-2016 in relation to the fishery; and

                             (ii)  collect and report that data in accordance with SPRFMO Conservation and Management Measure 02-2017; and

                     (c)  must ensure that one or more independent observers, as necessary for the collection of data in accordance with the data collection plan, are on board the boat.

11   Conservation and management measure for exploratory fishing for toothfish

          11.1  Clause 10 does not prevent a person from using a boat for fishing for toothfish in accordance with SPRFMO Conservation and Management Measure 14-2016.

Part 6 -- Transitional provisions

Fisheries Management (International Agreements) Regulations 2009

51  In the appropriate position in Part 4

Insert:

4.2   Transitional provision-- Fisheries Management (International Agreements) Amendment (2015 and 2016 Measures) Regulations 2017

             (1)  For the purposes of subclause 37B.6A of Schedule 1, as inserted by the amending regulations:

                     (a)  the amounts of by-catch referred to in paragraphs 37B.6A(a) and (b) include by-catch caught, in the 2016/17 season, before the commencement of the amending regulations; but

                     (b)  if a by-catch limit in paragraph 37B.6A(a) and (b) is exceeded in relation to a boat before that commencement, a person contravenes subclause 37B.6A only if the person uses the boat to fish for Dissostichus eleginoides in Statistical Subarea 48.3 on or after that commencement.

             (2)  For the purposes of applying subclause 18.4 of Schedule 2, as amended by the amending regulations, in relation to 2017:

                     (a)  the number of instrumented buoys referred to in paragraph 18.4(b) includes buoys acquired during 2017 but before the commencement of the amending regulations; but

                     (b)  if the limit in paragraph 18.4(b) is exceeded in relation to a boat before that commencement, a person contravenes subclause 18.4 in relation to the boat only if at least one more instrumented buoy is acquired for the boat in 2017.

             (3)  In this regulation:

"amending regulations " means the Fisheries Management (International Agreements) Amendment (2015 and 2016 Measures) Regulations 2017 .