Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:22:p3
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 22 (pt 3/9)
Character Range: 62950–65900

the transfer weighing.

        22B.4 Subject to subclause 22D.1, the estimate provided under paragraph 22A.1(g):
           (a) counts against the holder's quota in the season for all purposes, including any entitlement of the holder to continue to fish for southern bluefin tuna in the season; and
           (b) counts against the nominated boat reported to AFMA as the boat from which the fish were taken.

        22B.5 For subclause 22B.4, AFMA may substitute another weight for the estimate if there is evidence that the substituted weight (including an amount to account for fish deaths) is more accurate.

       22C  Release of fish—immediately after capture

         A quantity of southern bluefin tuna, released immediately after capture alive and vigorous where they were taken and before any transfer of fish to a tow pontoon or to another place, does not count against a holder's quota if the following details of the release are noted in the AFMA logbook for the boat:
           (a) the weight of fish released;
           (b) the location at which the fish were released;
           (c) the reason the fish were released.

       22CA  Release approved by AFMA

        22CA.2 This clause applies to the holder of a statutory fishing right who:
           (a) takes an amount of overcatch of Southern Bluefin Tuna, using the purse seine method; and
           (b) transfers the fish to a tow pontoon.

        22CA.3 A holder of a statutory fishing right may, not more than once each season, apply to AFMA in the approved form for permission to release a quantity of Southern Bluefin Tuna.

        22CA.4 When considering an application under subclause 22CA.3, AFMA must:
           (a) take into account the objectives of the plan; and
           (b) make a decision as soon as practicable after receiving the application.

        22CA.5 If AFMA approves an application under subclause 22CA.3, AFMA must:
           (a) give the holder a copy of the approval; and
           (b) tell the holder about any conditions to which the approval is subject.

        22CA.6 When releasing a quantity of Southern Bluefin Tuna, the holder must comply with any conditions to which the approval is subject.

        22CA.7 If:
           (a) the holder releases a quantity of Southern Bluefin Tuna; and
           (b) the fish are alive and vigorous; and
           (c) the release is in accordance with the approval mentioned in subclause 22CA.5;
       the weight of the fish released does not count against the holder's quota.

        22CA.8 AFMA must, as soon as practicable after the release:
           (a) estimate the weight of Southern Bluefin Tuna that are likely to have died before or during the release; and
           (b) count the weight of the fish mentioned in paragraph (a) against the quota (whether the holder's quota or quota nominated against the boat used to take the Southern Bluefin Tuna) for the season in which