Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:22:p9
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 22 (pt 9/9)
Character Range: 78634–81005

of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

       26  Obligations of the holder of a foreign fishing licence—section 34 of the Act

        26.1 If the holder of a foreign fishing licence granted in respect of the SBT Fishery is required by AFMA to provide to AFMA:
           (a) biological, economic and technical data available to the holder; or
           (b) a biological sample available to the holder;
       the holder must provide that data or that sample.

        26.3 The holder of a foreign fishing licence granted in respect of the SBT Fishery:
           (a) must not receive by transhipment Southern Bluefin Tuna unless the transhipment occurs under the supervision of an officer who is:
              (i) appointed under subsection 83(1) of the Act; and
              (ii) directed by AFMA to carry out the supervision; and
           (b) must not receive Southern Bluefin Tuna by way of transhipment from a boat unless the boat:
              (i) is an Australian boat; and
              (ii) is a nominated boat; and
              (iii) is being used by a person who is, or is acting for, the holder of a statutory fishing right in relation to which the boat is a nominated boat.

        26.4 The holder of a foreign fishing licence granted in respect of the SBT Fishery must comply with:
           (a) the Fisheries Management Regulations 2019; and
           (b) this plan; and
           (c) any conditions to which the foreign fishing licence is subject; and
           (d) any relevant directions; and
           (e) if the foreign fishing licence is granted pursuant to an agreement referred to in section 35 of the Act—that agreement.

        26.5 The holder of a foreign fishing licence must take all reasonable measures to ensure that by‑catch taken by the holder, and the impact of the holder's fishing operations on the marine environment, are kept to a minimum.

            Note: The holder of a foreign fishing licence should also be aware of the requirements of Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

       29  Expiry of a statutory fishing right

         A statutory fishing right expires if it is:
           (a) surrendered under subsection 22(6) of the Act; or
           (b) cancelled by AFMA under section 39 of the Act.

Part 3—Miscellaneous