Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:1_40
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 74056–75533

40  Limits on the exploratory fishery for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction
40.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑06, as given effect by this clause.
40.2  The person must not fish for Dissostichus species on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in a fishing season if the precautionary catch limit applied to Statistical Division 58.4.3a, as specified in CCAMLR Conservation Measure 41‑06, has been reached.
40.3  The person must ensure that:
 (a) toothfish caught by the person on Elan Bank (Statistical Division 58.4.3a) outside areas of national jurisdiction in a fishing season are tagged at a rate of at least 5 fish per tonne green weight caught; and
 (c) at least one scientific observer, appointed in accordance with the CCAMLR Scheme of International Scientific Observation, is on board during all fishing activities; and
 (d) if 3 seabirds are caught in a fishing season—longlines are set only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season.
Note: See also clause 16.