Document ID: chunk:federal_register_of_legislation:F2024C01024:front:0:p12
Version: federal_register_of_legislation:F2024C01024
Segment Type: other
Provision Reference: 
Character Range: 28178–31081

and
 (b) require action to ensure that:
 (i) information is gathered about the impact of the fishery on by‑catch species; and
 (ii) all reasonable steps are taken to minimise incidental interactions with seabirds, marine reptiles, marine mammals and fish of a kind mentioned in sections 15 and 15A of the Act; and
 (iii) the ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level; and
 (iv) by‑catch is reduced to, or kept at, a minimum, and below a level that might threaten by‑catch species, including, as appropriate, by:
 (A) meeting targets for by‑catch reduction set in the plan; and
 (B) implementing by‑catch reduction measures within time periods set in the plan.
 (4) In developing a by‑catch action plan, AFMA must take into account:
 (a) the protection given to whales and other cetaceans under Division 3 of Part 13 of the EPBC Act; and
 (b) the requirements under the EPBC Act for the protection of:
 (i) listed threatened species; and
 (ii) listed migratory species; and
 (iii) listed marine species; and
 (iv) listed threatened ecological communities.
 (5) If information gathered under a by‑catch action plan shows it is necessary to do so, AFMA must consider making appropriate amendments to this Management Plan or changes to the conditions imposed on the holders of fishing concessions.
Note   Obligations have been placed on the holders of fishing concessions under section 46 (General obligations) to ensure that by‑catch is kept to a minimum.
9 Determination of reference points
 (1) As soon as practicable after this Management Plan comes into force, AFMA must determine, for each quota species, reference points that are appropriate for maintaining ecologically viable stocks of those species and an ecologically sustainable fishery.
 (2) AFMA may review the reference points determined under subsection (1) to ensure that they remain appropriate for maintaining ecologically viable stocks of the quota species and an ecologically sustainable fishery.
 (3) AFMA may determine, for a non‑quota species, reference points that are appropriate for maintaining ecologically viable stocks of those species and an ecologically sustainable fishery.
 (4) AFMA must:
 (a) monitor catch information on non‑quota species; and
 (b) if concerns about a species are identified, determine reference points that are appropriate for maintaining ecologically viable stocks of that species.
Note   Further ecosystem safeguards are contained in requirements under Part 3 (Total allowable catch),
Part 3 Total allowable catch
Division 3.1 Total allowable catch — quota species
10 Purpose of Division 3.1
  This Division describes how total allowable catch is determined for a quota species.
11 Determination of TAC
 (1) AFMA must determine a TAC for each quota species for a fishing year no later than 31 March immediately before