Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:3_9
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 141494–143989

9  Conservation and management measure for bigeye, yellowfin and skipjack tuna
9.1  This clause applies to a person using a purse seine boat to fish for highly migratory fish stocks:
 (a) on the high seas within the Convention Area; or
 (b) in an exclusive economic zone in the Convention Area.
9.2  The person:
 (a) must not fish on fish aggregating devices between:
 (i) 0000 hours on 1 July 2014 and 2400 hours on 30 September 2014; and
 (ii) 0000 hours on 1 July 2015 and 2400 hours on 30 September 2015; and
 (iii) 0000 hours on 1 July 2016 and 2400 hours on 30 September 2016; and
 (b) must not fish on fish aggregating devices during one of the following periods if the flag State of the boat has notified the Secretariat of the Commission that it elects to extend the prohibition on fish aggregating devices to include that period:
 (i) between 0000 hours on 1 October 2014 and 2400 hours on 31 October 2014;
 (ii) between 0000 hours on 1 January 2015 and 2400 hours on 28 February 2015;
 (iii) between 0000 hours on 1 January 2016 and 2400 hours on 29 February 2016; and
 (c) must not fish on fish aggregating devices located in the high sea on or after 0000 hours on 1 January 2017 unless the Commission has granted an exemption to the person; and
 (d) if fishing between 20°N and 20°S—must carry on board the boat an observer; and
 (e) if fishing between 20°N and 20°S—must retain on board and then land or tranship at port all bigeye, skipjack and yellowfin tuna caught unless any of the following circumstances exist:
 (i) in the final set of a trip, there is insufficient well space in the boat to accommodate all fish caught in the final set, and unless prohibited under applicable national law, excess fish taken in the final set are transferred to and retained on board another purse seine boat;
 (ii) the fish are unfit for human consumption for a reason other than the size of the fish;
 (iii) a serious malfunction of equipment on the boat occurs; and
 (f) if the flag State of the boat has notified the Secretariat of the Commission that it elects to limit the number of fish aggregating device sets—must report each week to the flag State of the boat the following:
 (i) the number of fish aggregating device sets;
 (ii) the total number of sets;
 (iii) an estimate of bigeye tuna caught.
9.3  For paragraph 9.2(d), the observer must be from the Regional Observer Program unless the person is fishing solely within the national jurisdiction of the flag State of the boat.