Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:2_16
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 2 cl 16
Character Range: 126744–128588

16  Conservation of whale sharks
16.1  A person using a boat to fish for tuna or tuna‑like species on the high seas within the IOTC Area must not set a purse seine net around a whale shark if the whale shark is sighted prior to the commencement of the set.
16.2  If a whale shark is encircled in a purse seine net, the person must:
 (a) take all reasonable steps to ensure the safe release of the whale shark including following the best practice guidelines for the safe release and handling of whale sharks developed by the IOTC Scientific Committee; and
 (b) record for each encirclement incident the following information:
 (i) the number of whale sharks encircled;
 (ii) a short description of the interaction with the whale shark, including details of how and why the interaction occurred (if possible);
 (iii) the location of the encirclement;
 (iv) steps taken to ensure safe release of the whale shark;
 (v) the life status of the whale shark on release, including whether the whale shark was released alive but subsequently died; and
 (c) report the information to the appropriate authority of the flag State of the boat.
16.3  A person using a boat to fish for tuna or tuna‑like species on the high seas within the IOTC Area using fishing gear other than a purse seine net must:
 (a) record for each incident involving a whale shark the following information:
 (i) the number of whale sharks involved;
 (ii) a short description of the incident, including details of how and why the incident occurred (if possible);
 (iii) the location of the incident;
 (iv) steps taken to ensure safe release of the whale shark;
 (v) the life status of the whale shark on release, including whether the whale shark was released alive but subsequently died; and
 (b) report the information to the appropriate authority of the flag State of the boat.