Document ID: chunk:federal_register_of_legislation:F2024C01053:front:0:p8
Version: federal_register_of_legislation:F2024C01053
Segment Type: other
Provision Reference: 
Character Range: 17680–20518

mentioned in sections 15 and 15A of the Act; and
 (c) the ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level; and
 (d) by‑catch is reduced to, or kept at, a minimum, and below a level that might threaten by‑catch species.
 (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 threatened ecological communities; and
 (iii) listed migratory species; and
 (iv) listed marine species;
  within the meanings given in that Act.
 (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.
10 Reference points (Act s 17 (5C))
 (1) This section sets out provisional reference points for primary species and secondary species.
 (2) Within 12 months after the commencement day, AFMA must:
 (a) collate all available information about the stocks of fish of the key species in the fishery; and
 (b) assess the risks to the ecological sustainability of those stocks; and
 (c) unless it sets precautionary limits or target reference points at the end of that 12 months — not increase the TACC for that species.
 (3) Within 24 months after the commencement day, AFMA must:
 (a) carry out an assessment of the risk to the ecological sustainability of the primary species and secondary species posed by fishing in the fishery; and
 (b) establish precautionary limits or target reference points for those species.
 (4) If no reference points are set, AFMA must set precautionary limits on the catch.
 (5) In this section:
key species means any of the following primary species:
 (a) bigeye tuna (Thunnus obesus);
 (b) broadbill swordfish (Xiphias gladius);
 (c) striped marlin (Tetrapturus audax);
 (d) yellowfin tuna (Thunnus albacares).
Note 1   Subsection 17 (5C) of the Act provides that a plan of management for a fishery affecting straddling fish stocks, highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement) must set out stock‑specific reference points (within the meaning of that Agreement) for the stocks. Information to determine reference points is currently poor, and, until reliable information is available, provisional reference points are being used. When improved monitoring yields more accurate information, the provisional reference points will be revised.
Note 2   Other ecosystem requirements in this Management Plan are included in section 38 (Obligations of holders of SFRs).
11 AFMA