Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p11
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 23944–26635

economic returns to the Australian community in managing the resources of the fishery have been identified and strategies to minimise and eliminate those impediments have been developed;
 (k) that any changes to the management of the fishery are assessed for their likely effect on maximising the net economic returns to the Australian community in managing the resources of the fishery.

 (2) AFMA must assess the effectiveness of this Management Plan, including the measures taken to achieve the objectives of the Plan, at least once during:
 (a) the period of 5 years period commencing on the commencement day; and
 (b) each subsequent period of 5 years;
by reference to the performance criteria mentioned in subsection (1) and by taking into account the advice of the advisory committee.

Part 2 Specific ecosystem requirements

14 By-catch action plans

 (1) For subsection 17 (6D) of the Act, AFMA must develop and implement a by-catch action plan for the fishery.

 (2) A by-catch action plan is in force for the period:
 (a) beginning on the date that AFMA implements the plan; and
 (b) ending on the date that a subsequent by-catch plan is implemented for the fishery.

 (3) If a by-catch action plan is in force, AFMA must review the plan at least once in each 2 year period that the plan is in force, commencing on the date that it came into force.

 (4) A by-catch action plan must require AFMA to ensure that:
 (a) information is gathered about the impact of the fishery on by-catch species; 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 might threaten by-catch species.

 (5) In developing 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 requirements under the EPBC Act for the protection of:
 (i) protected species; and
 (ii) listed threatened ecological communities.

 (6) If information gathered under a by-catch action plan shows that it may be appropriate to amend this Management Plan or change the conditions imposed on the holders of SFRs, AFMA must consider making such amendments or changes.

Note   Obligations are placed on the holders of SFRs under section 50 (General obligations) to ensure that by-catch is kept to a minimum.

15 Harvest Strategy

 (1) As soon as practicable after