Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:1_43
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 79263–81605

43  Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 88.2
43.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 88.2 in a fishing season unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑10, as given effect by this clause.
43.2  The person must not fish for Dissostichus species within a SSRU in Statistical Subarea 88.2 in a fishing season if the precautionary catch limit applied to that SSRU, as specified in CCAMLR Conservation Measure 41‑10, has been reached.
43.3  The person must ensure that:
 (a) toothfish caught in Statistical Subarea 88.2 are tagged as follows:
 (i) for fish caught during the course of the research in SSRUs A and B—at the rate of at least 3 fish per tonne green weight;
 (ii) for fish caught in each of the research blocks in SSRUs C to G—at the rate of at least 3 fish per tonne green weight;
 (iii) for fish caught in SSRU H—at the rate of at least 1 fish per tonne green weight; and
 (b) 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
 (d) at least 2 scientific observers are on board during all fishing activities; and
 (e) at least one of the scientific observers has been appointed in accordance with the CCAMLR Scheme of International Scientific Observation.
Note: See also clause 16.
43.4  The person using a boat in Statistical Subarea 88.2 for fishing must not fish for Dissostichus species in a fishing season if the precautionary by‑catch limit applied to Statistical Subarea 88.2 for skates and rays, or Macrourus species, as specified in CCAMLR Conservation Measure 41‑10, has been reached.
43.4A  The person using a boat in Statistical Subarea 88.2 for fishing must not fish for 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 41‑10, is zero, or has been reached by the person.
43.5  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.