Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:4a:p2
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 4A (pt 2/3)
Character Range: 19986–22960

objectives, give directions that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods, informing the holders of fishing concessions about those directions, and requiring the holders to comply with the directions.
 4A.2A The measures also include that AFMA:
  (a) once every 5 years; or
 (b) more frequently than every 5 years if:
 (i) AFMA finds evidence of quota misreporting; or
 (ii) AFMA agrees with the recommendations of the Southern Bluefin Tuna Management Advisory Committee that there is a need for an evaluation; or
 (iii) the Minister recommends that there is a need for an evaluation;
evaluates the mechanisms that have been put in place to monitor fishing catch against granted statutory fishing rights and Australia's national catch allocation for Southern Bluefin Tuna, and implement any required changes to commence at the beginning of the season following that evaluation.
 4A.3 The performance criteria against which the measures taken will be assessed include the following:
 (a) that a research program sufficient to support assessment and management of the SBT Fishery for each year has been developed, documented and implemented;
 (b) that a risk‑based compliance program for the SBT Fishery for each year has been developed, documented and implemented;
 (c) that a data strategy, meeting the requirements of paragraph 4A.2(e), has been developed, documented and implemented within the required time and is publicly available;
 (d) that the mechanisms for monitoring fishing catch against granted statutory fishing rights and Australia's national catch allocation for Southern Bluefin Tuna for each season have been evaluated (including whether the most appropriate technology has been used) and the results, including any recommendations for change, are publicly available;
 (e) that statutory fishing rights for the SBT Fishery have been granted to eligible persons;
 (f) that Australia's national catch allocation for Southern Bluefin Tuna for a season has not been exceeded in that season;
 (g) that actions are being taken in accordance with an ecological risk management plan (that is current and publicly available) to minimise the impact of fishing on non‑target species and the marine environment;
 (h) that Australia's obligations and responsibilities under the Convention are implemented within timeframes agreed with the Commission;
 (i) that Australia collects and provides to the Commission the data required under the Convention;
 (j) that key risks, including those arising from any major changes in fishing practices, to the ecologically sustainable development of the SBT Fishery have been identified and actions have been undertaken to manage those risks;
 (k) that management actions in relation to the SBT Fishery are based, as a minimum, on any relevant requirements and reference points determined by the Commission in progressive refinement of the Commission