Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:3_20
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 3 cl 20
Character Range: 158151–159376

20  Protection of cetaceans from purse seine fishing operations
20.1  This clause applies to a person using a boat to fish for tuna or tuna‑like species:
 (a) on the high seas within the Convention Area; or
 (b) in an exclusive economic zone in the Convention Area.
20.2  The person must not set a purse seine net on a school of tuna associated with a cetacean if the cetacean is sighted before the commencement of the set.
20.3  If a cetacean is encircled in a purse seine net, the person must take all reasonable steps to ensure its safe release, including:
 (a) stopping the net roll; and
 (b) not recommencing fishing until the cetacean has been released and is no longer at risk of capture.
20.4  If a cetacean is encircled in a purse seine net, the person must also:
 (a) record the following information:
 (i) the species of cetacean (if known);
 (ii) the number of cetaceans involved;
 (iii) the location;
 (iv) the date;
 (v) the steps taken to ensure the safe release of the cetacean;
 (vi) the life status of the cetacean on release, including (if possible) whether the cetacean was released alive but subsequently died; and
 (b) report the information to the appropriate authority of the flag State of the boat.