Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:1_42
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 77047–79263

42  Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.1
42.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 88.1 in a fishing season unless the person is conducting the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑09, as given effect by this clause.
42.2  The person must ensure that:
 (a) toothfish caught in each SSRU within Statistical Subarea 88.1 are tagged at a rate of at least one fish per tonne green weight caught; and
 (c) at least 2 scientific observers are on board throughout all fishing activities, and that at least one of them is appointed in accordance with the CCAMLR Scheme of International Scientific Observation; and
 (d) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season; and
 (e) the person does not fish for Dissostichus species within 10 nautical miles of the Balleny Islands.
Note: See also clause 16.
42.3  A person using a boat in Statistical Subarea 88.1 for fishing must not fish for Dissostichus species within a SSRU in Statistical Subarea 88.1 in a fishing season if the precautionary catch limit applied to that SSRU, as specified in CCAMLR Conservation Measure 41‑09, has been reached.
42.4A  The person using a boat in Statistical Subarea 88.1 for fishing must not fish for Dissostichus species in a fishing season if the precautionary catch limit for by‑catch of skates and rays, and of Macrourus species, in Statistical Subarea 88.1, as specified in CCAMLR Conservation Measure 41‑09, has been reached.
42.4B  The person using a boat in Statistical Subarea 88.1 for fishing must not fish for a Dissostichus species in a SSRU in a fishing season if the individual by‑catch limit for that species in the SSRU, or group of SSRUs, specified in CCAMLR Conservation Measure 41‑09, is zero, or has been reached by the person.
42.5  In this clause, a fishing season is taken to start on 1 December of a year and to end on 31 August of the following year.