Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:22:p7
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 22 (pt 7/9)
Character Range: 73353–76233

boat unless the transhipment occurs under the supervision of an officer who is:
              (i) appointed under subsection 83(1) of the Act; and
              (ii) directed by AFMA to carry out the supervision; and
           (d) must not tranship Southern Bluefin Tuna to a boat unless the boat is being used by a person who is, or is acting for, the holder of a fishing permit or foreign fishing licence for the SBT Fishery that authorises receipt of the transhipped Tuna on that boat.

        24.11 The holder of a statutory fishing right must comply with:
           (a) the Fisheries Management Regulations 2019; and
           (b) all conditions to which the statutory fishing right is subject; and
           (c) this plan; and
           (d) the Regulations under the Fishing Levy Act 1991 about the payment of levies; and
           (e) any relevant direction.

        24.12 The holder of a statutory fishing right must take all reasonable measures to ensure that by‑catch taken by the holder, and the impact of the holder's fishing operations on the marine environment, are kept to a minimum.

        24.13 The holder of a statutory fishing right must ensure that any person acting for the holder using the nominated boat for the statutory fishing right in the SBT Fishery complies with subclause 9.1 or 10.1, as appropriate.

            Note 1: For other conditions to which a statutory fishing right is subject, see subsections 22(4) and (5) of the Act.

            Note 2: Other conditions attaching to a statutory fishing right are set out on the certificate issued by AFMA including reporting requirements and conditions regarding the AFMA vessel monitoring system.

            Note 3: The holder of a statutory fishing right should also be aware of the requirements of Part IIIC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

       25  Obligations of the holder of a fishing permit—section 32 of the Act

        25.1 If the holder of a fishing permit granted in respect of the SBT Fishery is required by AFMA to provide to AFMA:
           (a) biological, economic and technical data available to the holder; or
           (b) a biological sample available to the holder;
       the holder must provide that data or that sample.

        25.2 If the holder of a fishing permit granted in respect of the SBT Fishery takes Southern Bluefin Tuna using a boat and intends to unload the Southern Bluefin Tuna from the boat outside Australia (otherwise than by transhipment), the holder must:
           (a) give notice to AFMA in the approved form of the holder's intention to unload the Southern Bluefin Tuna from the boat outside Australia; and
           (b) receive from AFMA written notice of:
              (i) further conditions to which the fishing right is subject as a consequence of the holder's intention referred to