Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:2_19
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 2 cl 19
Character Range: 131594–132953

19  Ban on discards of bigeye, skipjack and yellowfin tuna
19.1  A person using a purse seine boat to fish in an IOTC area must retain on board and then land at port all bigeye, skipjack and yellowfin tuna caught unless:
 (a) the tuna are unfit for human consumption; or
 (b) in a final set of a trip:
 (i) there is insufficient storage capacity in the boat to accommodate all of the tuna caught in the final set; and
 (ii) the person attempts to release the tuna alive; and
 (iii) the person does not undertake any further fishing until the tuna on board the boat are landed or transhipped.
19.2  For the purpose of subclause 19.1, fish are considered to be caught at the point in the set when the net is fully pursed and more than one half of the net has been retrieved.
19.3  In this clause:
unfit for human consumption, in relation to bigeye, skipjack and yellowfin tuna, means:
 (a) fish that are meshed or crushed in the purse seine; or
 (b) fish that are damaged due to depredation; or
 (c) fish that have died and spoiled because a gear failure has prevented normal retrieval of the fish and effort to release the fish alive;
but does not include:
 (d) fish that are considered undesirable because of size, marketability or species composition; or
 (e) fish that are spoiled or contaminated as the result of an act or omission by the crew of a boat.