Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:1_38
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 71260–72773

38  Limits on the exploratory fishery for Dissostichus species in Statistical Subarea 48.6
38.1  A person using a boat in the Convention Area for fishing must not fish for Dissostichus species in Statistical Subarea 48.6 unless the person is fishing in the exploratory longline fishery in a flagged boat of a country permitted to do so in accordance with CCAMLR Conservation Measure 41‑04 as given effect by this clause.
38.2  The person must not:
 (a) discharge offal in the Convention Area; or
 (b) fish in Statistical Subarea 48.6 if another flagged boat of the same country as the boat the person is using is engaged in fishing in the Subarea.
38.3  The person must not fish for Dissostichus species within a SSRU in Statistical Subarea 48.6 in a fishing season if the precautionary catch limit applied to the SSRU, as specified in CCAMLR Conservation Measure 41‑04, has been reached.
38.4  The person must ensure that:
 (a) toothfish caught in Statistical Subarea 48.6 in a fishing season are tagged at a rate of at least 5 fish per tonne green weight caught; and
 (b) at least 2 scientific observers are on board throughout all fishing activities, and at least one of the observers is appointed in accordance with the CCAMLR Scheme of International Scientific Observations.
38.5  If 3 seabirds are caught in a fishing season, the person may set longlines only at night, during the hours of darkness between the times of nautical twilight, for the remainder of the fishing season.
Note: See also clause 16.