Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:22:p8
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 22 (pt 8/9)
Character Range: 75960–78878

holder's intention to unload the Southern Bluefin Tuna from the boat outside Australia; and
           (b) receive from AFMA written notice of:
              (i) further conditions to which the fishing right is subject as a consequence of the holder's intention referred to in paragraph (a); or
              (ii) the fact that there are no further conditions to which the fishing right is subject as a consequence of the holder's intention.

        25.3 If the holder of a fishing permit granted in respect of the SBT Fishery:
           (a) takes Southern Bluefin Tuna using a boat; and
           (b) unloads the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment);
       the holder must:
           (c) obtain a written statement from the first person who receives the Southern Bluefin Tuna after it has been unloaded that indicates:
              (i) the weight of the Southern Bluefin Tuna; and
              (ii) whether the Southern Bluefin Tuna was whole or processed; and
              (iii) if the Southern Bluefin Tuna was processed—the processed form of the Tuna; and
           (d) provide the statement to AFMA on the same day on which the unloading of the Southern Bluefin Tuna is completed.

        25.4 The holder of a fishing permit granted in respect of the SBT Fishery:
           (b) must not receive by transhipment Southern Bluefin Tuna that is not alive 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
           (c) 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.

        25.5 The holder of a fishing permit granted in respect of the SBT Fishery must comply with:
           (a) the Fisheries Management Regulations 2019; and
           (b) the Regulations under the Fishing Levy Act 1991 about the payment of levies; and
           (c) this plan; and
           (d) any conditions to which the fishing permit is subject.

        25.6 The holder of a fishing permit 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 fishing permit should also be aware of the requirements of Part IIIC 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