Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:10:p1
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 39930–42713

10  Who is entitled to fish SBT in the Australian fishing zone using a foreign boat?

        10.1 A person is entitled to use a foreign boat in the Australian fishing zone during a season to:
           (a) take Southern Bluefin Tuna (other than for the purpose of scientific research about Southern Bluefin Tuna); and
           (b) conduct secondary fishing activities in relation to Southern Bluefin Tuna; and
           (c) conduct ancillary fishing activities in relation to Southern Bluefin Tuna that has been taken using the boat (other than transhipment of the Southern Bluefin Tuna from the boat);
       if, and only if:
           (d) the boat is a nominated boat and the person is, or is acting for, the holder of statutory fishing rights for which that boat has been nominated; and
           (e) the person is, or is acting for, the holder of a foreign fishing licence:
              (i) granted pursuant to an agreement referred to in section 35 of the Act; and
              (ii) that authorises the use of the boat for the activities referred to in paragraphs (a), (b) and (c); and
           (f) subject to subclause 9A.2, at any time when the person takes southern bluefin tuna using the boat, the person is, or is acting for, a holder with quota that is equal to, or greater than, the total weight of:
              (i) southern bluefin tuna in that take; and
              (ii) southern bluefin tuna taken and counted against the holder's quota in the same season as, but before, that take; and
           (g) subject to subclause 9A.3, at any time when the person takes southern bluefin tuna using the boat, the boat has nominated against it an amount of the holder's quota that is equal to, or greater than, the total weight of:
              (i) southern bluefin tuna in that take; and
              (ii) southern bluefin tuna taken and counted against the boat in the same season as, but before, that take; and
           (h) the person uses only the following fishing gear in the AFZ:
              (i) pelagic longline fishing gear;
              (ii) minor line fishing gear (that is, rod and reel, hand line or pole);
              (iii) gear to undertake the purse seine method of fishing;
              (iv) any other gear allowed by AFMA in a condition specified in the certificate evidencing the grant of the statutory fishing rights.

        10.2 A person is entitled to use a foreign boat (in this subclause called the foreign boat) in the Australian fishing zone to conduct ancillary fishing activities in relation to Southern Bluefin Tuna that has been taken in accordance with this plan using another boat if, and only if, the person is, or is acting for, the holder of a foreign fishing licence that authorises use of the foreign boat for the