Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:3b_3
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 3B cl 3
Character Range: 185042–187762

3                                                        Night setting       The person must set demersal longlines between nautical dusk and nautical dawn.                                                                            Nautical dusk and nautical dawn are defined in the Nautical Almanac tables for the relevant latitude, local time and date.

Trawl fishing
 8.2 Subject to subclauses 8.3 and 8.3A, if a person is using a boat in the Convention Area for trawl fishing, the person:
 (a) must have deployed when the trawl net is in the water:
 (i) bird scaring lines on the port and starboard sides of the boat that meet the requirements mentioned in subclause 8.4; or
 (ii) if operational practice prevents the effective deployment of bird scaring lines (such as deep‑water trawls targeting bathymetric features)—a bird baffler that meets the requirements mentioned in subclause 8.5; and
 (b) must not discharge any biological material during shooting and hauling unless it is necessary to discharge the material due to operational safety concerns.
 8.3 Subclause 8.2 does not apply to a person if the boat being used does not discharge biological material during fishing.
 8.3A Subclause 8.2 does not apply to the use of a boat in a particular fishery (identified by reference to gear type and geographical location) at a particular time if:
 (a) there have been no bird mortalities in relation to the boat within one year before the time; and
 (b) the flag State of the boat has maintained 100% observer coverage of the fishery for the 5‑year period ending at the time; and
 (c) during that 5‑year period, there have been fewer than one recorded bird mortalities per boat of that flag State in the fishery per year.
 8.4 For subparagraph 8.2(a)(i), a bird scaring line must:
 (a) be attached above and outside the warp block of the boat; and
 (b) have a buoy or cone attached to the end of the line to create tension and keep the line straight; and
 (c) be long enough to extend beyond the point at which warp and net monitoring cables reach the sea‑surface; and
 (d) have attached brightly coloured streamers that:
 (i) are attached no more than 5 metres apart; and
 (ii) are long enough to reach the sea‑surface in calm conditions.
 8.5 For subparagraph 8.2(a)(ii), a bird baffler must:
 (a) have a boom that extends outwards by at least 4 metres from the starboard and port stern quarters of the boat; and
 (b) have, attached to each boom, dropper lines that:
 (i) are attached no more than 2 metres apart; and
 (ii) have attached to the end of each line a plastic cone, rod or other brightly coloured and durable material that is no more than 500 millimetres above the sea‑surface in calm conditions.