Commonwealth Numbered Regulations

FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) AMENDMENT REGULATIONS 1998 (No. 1) 1998 No. 363 - SCHEDULE 1

Schedule 1 Amendments of Fisheries Management (Southern Bluefin Tuna Fishery)
Regulations

(1) Before regulation 1
insert Part 1 Introductory

(2) Regulation 1
substitute 1 Name of regulations
These regulations are the Fisheries Management (Southern Bluefin Tuna Fishery)
Regulations 1995.

(3) After regulation 2A
insert Part 2 Disposal of Southern Bluefin Tuna to tuna farms 2B Definitions
In this Part: AFMA agent, for a farm transfer, means the agent appointed by
AFMA to carry out activities in relation to the transfer. authorised
representative, for a statutory fishing right holder, means a person
authorised by the statutory fishing right holder and for whom AFMA has a
specimen signature. carrier boat means a boat that is equipped for towing tow
cages. farm transfer means the transfer of Southern Bluefin Tuna from a tow
cage to a grow out cage. grow out cage means a cage that is:

   (a)  kept on a tuna farm; and

   (b)  suitable for caging Southern Bluefin Tuna for fattening. Managing
        Director has the same meaning as in the Fisheries  Administration Act
        1991 . tow cage means a cage that:

   (a)  is suitable for caging Southern Bluefin Tuna; and

   (b)  can be attached to a carrier boat. 2C Meaning of holder of permit for
        carrier boat
In this Part, a reference to the holder of the permit for a carrier boat
includes a reference to an agent of that person. 2D Conditions of statutory
fishing rights
For paragraph 42 (1) (a) of the Act, a statutory fishing right that authorises
the use of a boat to take Southern Bluefin Tuna from the SBT Fishery is
subject to the conditions set out in regulations 2E and 2F. 2E Statutory
fishing right holders to give returns

(1) This regulation applies to a statutory fishing right holder if:

   (a)  a quantity of Southern Bluefin Tuna taken by use of the statutory
        fishing right holder's nominated boat is transferred to a tow cage;
        and

   (b)  the tow cage is towed to a tuna farm for a farm transfer of the
        Southern Bluefin Tuna; and

   (c)  the farm transfer takes place.

(2) The statutory fishing right holder, or an authorised representative of the
holder, must make a return for the farm transfer.

(3) The statutory fishing right holder or authorised representative must give
the return to the AFMA agent for the farm transfer within 40 days after the
last Southern Bluefin Tuna fish transferred to the tow cage is transferred. 2F
Returns

(1) A return for a farm transfer must:

   (a)  be in a form approved by AFMA; and

   (b)  be signed by:

        (i)    the statutory fishing right holder; or

        (ii)   the authorised representative; and

   (c)  include the full name of the person signing the return (the
        signatory).

(2) The return must also include:

   (a)  the identifying number (if any) of the tow cage used for the farm
        transfer; and

   (b)  a statement of the total number of Southern Bluefin Tuna that died in
        the period:

        (i)    beginning when the tow ended; and

        (ii)   ending when the last Southern Bluefin Tuna fish transferred
               during the farm transfer was transferred to the farm; and

   (c)  if the tow cage was towed to the tuna farm by 1 carrier boat Ñ any
        return mentioned in subregulation (3) given to the signatory; and

   (d)  if the tow cage was towed to the tuna farm by 2 or more carrier boats
        in succession Ñ any returns mentioned in subregulation (4) given to
        the signatory; and

   (e)  the record mentioned in subregulation (5) (AFMA agent's record) that
        the AFMA agent for the farm transfer has given to the signatory; and

   (f)  a declaration by the signatory that:

        (i)    the statement mentioned in paragraph (b) is accurate; and

        (ii)   the signatory has watched the AFMA agent carry out an average
               weight sampling procedure for the farm transfer; and

        (iii)  the signatory believes that the AFMA agent's record given to
               the signatory is accurate.

(3) For paragraph (2) (c), the return is the return made by the holder of the
permit for the carrier boat about:

   (a)  the transfer of the Southern Bluefin Tuna to the tow cage; and

   (b)  the tow of the tow cage to the tuna farm.

(4) For paragraph (2) (d), the returns are:

   (a)  the return made by the holder of the permit for the first carrier boat
        to tow the tow cage towards the tuna farm about:

        (i)    the transfer of the Southern Bluefin Tuna to the tow cage; and

        (ii)   the part of the tow of the tow cage towards the tuna farm
               carried out by the boat; and

   (b)  for each other carrier boat Ñ the return made by the holder of the
        permit for the carrier boat about the part of the tow to, or towards,
        the tuna farm carried out by the boat.

(5) For paragraph (2) (e), the AFMA agent's record is the record that the
Managing Director has required the AFMA agent, by written notice under the
agent's contract, to keep about:

   (a)  the average weight sampling procedure that is to be carried out for
        the farm transfer in accordance with that notice; and

   (b)  the number of Southern Bluefin Tuna transferred; and

   (c)  the calculation of the total weight of live Southern Bluefin Tuna
        transferred. Note Under regulation 2C, a reference to the holder of
        the permit for a carrier boat includes a reference to an agent of that
        person.

(4) After regulation 2F
insert Part 3 Register of Statutory Fishing Rights

(5) After regulation 6
insert Part 4 Miscellaneous