Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p29
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 68084–70711

that time, exceeds the quota that may be taken under the right, unless section 22, 22A or 23 applies to the holder.
 (2) The holder of a fishing concession must:
 (a) comply with this Management Plan; and
 (c) comply with all conditions specified on the concession; and
 (d) take all reasonable measures to ensure that by‑catch, and the impact of fishing operations on the marine environment, are kept to a minimum; and
 (e) take all reasonable steps to minimise the loss of fishing gear; and
 (f) ensure that all fish unloaded from the fishery are unloaded within Australia or an external Territory; and
 (h) if required by AFMA to do so, give AFMA reasonable access to biological, economic or technical information, or biological samples that are available to the holder.
 (3) However, paragraph (2) (f) does not apply if the holder receives written approval from AFMA before landing the catch outside Australia or an external Territory.
Note 1   See subsections 22 (3), (4) and (5) of the Act for additional obligations to which a statutory fishing right is subject.
Note 2   See subsections 32 (5), (6), (7) and (8) of the Act in relation to obligations to which a fishing permit is subject.
Note 3   The holder of a fishing concession must also comply with the Act and with any regulations applying to the fishery, including the Fisheries Management Regulations 2019, and the annual levy Regulations.
Note 4   See section 38 of the Act in relation to AFMA's power to suspend a fishing concession if it has reasonable grounds to believe that there has been a breach of an obligation to which the concession is subject.
48 Obligations relating to the carrying of fish
 (1) The holder of a fishing concession:
 (a) must ensure that the nominated boat for the purposes of the concession does not carry fish caught by another boat; and
 (b) must ensure that fish is not moved from the nominated boat to another boat.
 (2) However, this section does not apply if the holder receives written approval from AFMA before:
 (a) the nominated boat carries fish caught by another boat; or
 (b) fish is moved from the nominated boat to another boat while at sea.
49 Obligation relating to unloading fish of a quota species taken under State or Territory permit
 (1) The holder of a fishing concession must ensure that fish:
 (a) belonging to a quota species; and
 (b) taken under a permit, however described, that is issued under a law of a State or Territory;
is unloaded from the nominated boat for the purposes of the concession before the boat is used to undertake a fishing activity under the concession.
 (2) However, this section