Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:3_13:p1
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 3 cl 13 (pt 1/2)
Character Range: 148556–151022

13  Conservation and Management Measure on the Application of High Seas FAD Closures and Catch Retention
13.1  This clause applies to a person using a purse seine boat to fish for highly migratory fish stocks on the high seas in the area of the Convention Area bounded by 20 N and 20 S in the closure period starting at 0000 hours on 1 July in a calendar year and ending at 2400 hours on 30 September in the year.
13.2  The person must not:
 (a) conduct any part of a set within 1 nautical mile of a FAD; or
 (b) allow the boat to be used to aggregate fish or to move aggregated fish; or
 (c) retrieve a FAD or electronic equipment associated with a FAD unless:
 (i) the FAD or electronic equipment are kept on board the boat until the boat lands or the end of the closure; and
 (ii) the boat does not conduct a set for a period of 7 days after the day of the retrieval or within 50 nautical miles of the place at which the retrieval occurred; or
 (d) cooperate with another boat in order to catch aggregated fish; or
 (e) fish during the closure period within 1 nautical mile of a place where a FAD has been retrieved by another vessel, unless more than 24 hours has passed since the FAD was retrieved.
13.3  The person may release fish if the person considers the fish to be undesirable because of the size of the fish, the marketability of the fish or the species composition of the fish.
13.4  However, the person must not release the fish unless the person does so before the net is fully pursed and one half retrieved.
13.5  The person may discard fish if any of the circumstances mentioned in subclause 13.6 occurs and an observer has estimated the species composition of the fish to be discarded.
13.6  For subclause 13.5, each of the following are circumstances:
 (a) the fish are unfit for human consumption for a reason other than the size or marketability of the fish;
 (b) a serious malfunction of the boat's equipment occurs;
 (c) in a final set of a trip:
 (i) there is insufficient well space in the boat to accommodate all the fish to be caught in the final set; and
 (ii) the person attempts to release the fish alive; and
 (iii) the person does not undertake any further fishing until the fish on board the boat are landed or transhipped.
13.7  If the person discards fish, the person must give the Executive Director of the Commission, no later than 48 hours after the fish have been discarded, a statement containing the following information: