Commonwealth Numbered Regulations

1995 No. 285 FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) - REG 3

3.1 After regulation 8, insert: Condition of fishing permit-incidental catch

"8A. (1) For the purposes of subparagraph 32 (6) (a) (ii) of the Act (which
deals with conditions that may be prescribed in relation to fishing permits),
the condition set out in subregulation (2) is prescribed in relation to a
fishing permit.

"(2) Subject to subregulation (4), the holder of a fishing permit must not
take a scheduled species unless:

   (a)  the scheduled species is taken as an incidental part of the fishing
        activities authorised by the permit; and

   (b)  on any one trip:

        (i)    the total number of fish that are scheduled species referred to
               in Part 1 of Schedule 3C does not exceed 2 fish; and

        (ii)   the total number of fish that are scheduled species referred to
               in Part 2 of Schedule 3C does not exceed 10 fish; and

        (iii)  the total number of fish that are scheduled species referred to
               in Part 3 of Schedule 3C does not exceed 20 fish.

"(3) For the purposes of this regulation, a scheduled species that is on a
boat at the end of a trip is taken to have been taken during that trip.

"(4) The condition set out in subparagraph (2) (b) (i) does not apply to Black
Kingfish (Rachycentron canadus) that are taken, as an incidental part of the
fishing activities authorised by a fishing permit, in the part of the area
specified in Schedule 3A that is west of the meridian of Longitude 129 degrees
East.

"(5) In this regulation:
'fishing permit' means a fishing permit that:

   (a)  authorises the use of a boat for fishing in the area specified in
        Schedule 3A; and

   (b)  allows the taking of tuna;
'scheduled species' means a species of fish that is specified in Schedule 3B;
'trip' means a voyage by a boat that:

   (a)  commences at a place on, or within, the coastline of Australia; and

   (b)  proceeds to and from, or through, the area specified in Schedule 3A,
        for the purposes of fishing; and

   (c)  ends, whether or not the boat calls, for any reason, at a place
        outside Australia, at a place on, or within, the coastline of
        Australia where fish taken, using the boat, are unloaded;
'tuna' means fish:

   (a)  of the family Scombridae, commonly known as tuna and tuna-like fish,
        other than fish of the genera Scomberomorus, Scomber, Acanthocybium,
        Grammatorcynus and Rastrelliger, commonly known as mackerels; and

   (b)  of the families Istiophoridae and Xiphiidae, commonly known as
        billfish; and

   (c)  of the family Bramidae, commonly known as pomfrets or rays bream.".