Document ID: chunk:federal_register_of_legislation:F2024C01049:body:0:p6
Version: federal_register_of_legislation:F2024C01049
Segment Type: other
Provision Reference: 
Character Range: 12735–15491

fishery:
 (a) commercial fishing for squid using a squid jigging machine;
 (b) scientific research using a squid jigging machine.

Part 2 Specific ecosystem requirements

9 By‑catch (Act s 17 (6D))

 (1) AFMA must prepare and implement a by‑catch action plan for the fishery.

 (2) AFMA must review the by‑catch action plan at least once every second year, while it is in force.

 (3) A by‑catch action plan must require action to ensure that:
 (a) information is gathered about by‑catch; and
 (b) all reasonable steps are taken to minimise incidental interactions with seabirds, marine reptiles, marine mammals and fish of a kind mentioned in sections 15 and 15A of the Act; and
 (c) the ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level; and
 (d) by‑catch is reduced to, or kept at, a minimum and below a level that will allow by‑catch stocks to be maintained at an ecologically sustainable level.

 (4) In preparing a by‑catch action plan, AFMA must take into account:
 (a) the protection given to whales and other cetaceans under Division 3 of Part 13 of the EPBC Act; and
 (b) the requirement under the EPBC Act for the protection of:
 (i) marine species listed for section 248 of that Act; and
 (ii) migratory species listed for section 209 of that Act; and
 (iii) threatened ecological communities listed for section 181 of that Act; and
 (iv) threatened species listed for section 178 of that Act.

 (5) If information gathered under a by‑catch action plan shows that it is necessary to do so, AFMA must consider:
 (a) making appropriate amendments to this Management Plan; or
 (b) issuing an appropriate direction; or
 (c) making appropriate changes to the conditions imposed on holders of gear SFRs.

10 Reference points

 (1) As soon as practicable after this Management Plan comes into force, AFMA must determine reference points for squid that are appropriate for maintaining ecologically viable stocks of squid and an ecologically sustainable fishery.

 (2) Each year, AFMA may review the reference points set under subsection (1) to ensure that they remain appropriate for maintaining ecologically viable stocks of squid and an ecologically sustainable fishery.

Part 3 Total allowable effort

11 Determination of TAE (Act s 17 (6))

 (1) AFMA must, before the start of each fishing year, determine the TAE for the fishery for the fishing year.

 (2) Before making a determination under subsection (1), AFMA:
 (a) must consult, and consider the views of, SEMAC and SquidRAG; and
 (b) may consult, and consider the views of, any other interested person.

Note 1   AFMA may determine the fishing capacity permitted for the fishery — see paragraph 17 (6) (aa) of