Fisheries Management Regulations 2019

If a fish of a species mentioned in an item of the following table is taken and retained during a trip, the concession holder must ensure that none of the parts of the fish mentioned in the item are removed from the carcass before the fish is landed and disposed of in accordance with any requirements under the Act.

Species:

1. Any any species of shark other than the following: (a) angel shark (family Squantinidae); (b) ray; (c) skate; (d) spurdog (of denus Squalus) Parts of fish that must not be removed: The following: (a) the caudal lobe; (b) a dorsal, pectoral or caudal fin

2. Any species of: (a) angel shark (family Squantinidae); or (b) dogfish (family Squalidae) Parts of fish that must not be removed: A doral or caudal fin

3. Any species of banjo shark (of genus Trygonorrhina) Parts of fish that must not be removed: The following: (a) the skin; (b) a fillet; (c) a pectoral fin; (d) the tail

For the purposes of section 42B of the Act, this Division sets out conditions that apply to fishing concessions.

70. No interaction with protected organism The concession holder must ensure that, as far as practicable, there is no interaction with a protected organism during a trip.

71. Reporting interaction with protected organism If there is an interaction with a protected organism during a trip and an observer is on board the nominated boat, the concession holder must ensure that the interaction is reported to the observer as soon as practicable. Note: The concession holder may have an additional obligation to record the interaction in a logbook kept in accordance with a determination made under section 42 of the Act.

72. Requirements if protected organism is injured by interaction (1) If during a trip: (a) there is an interaction with a protected organism; and (b) the interaction injures the organism; the concession holder must ensure that the organism is given as much assistance as is practicable. (2) If an observer is on board the nominated boat, the concession holder must ensure that the injury is reported to the observer as soon as practicable. Note: The concession holder may have an additional obligation to record the injury in a logbook kept in accordance with a determination made under section 42 of the Act.

73. Requirements if protected organism killed by interaction (1) If during a trip: (a) there is an interaction with a protected organism; and (b) the interaction results in the death of the organism; and (c) an observer is on board the nominated boat; the concession holder must ensure that the death is reported to the observer as soon as practicable. Note: The concession holder may have an additional obligation to record the death in a logbook kept in accordance with a determination made under section 42 of the Act. (2) If during a trip: (a) there is an interaction with a protected organism; and (b) the interaction results in the death of the organism; and (c) it is necessary to discharge the organism’s carcass; the concession holder must ensure that the carcass is discharged from the boat in a way that does not attract birds or mammals to the boat.

(1) An observer must be carried on board the nominated boat for a fishing concession for a particular trip if [the Australian Fisheries Management Authority] AFMA has decided that a person should be placed on the boat as an observer for that trip in order to assist AFMA to pursue its objectives or in the performance of its functions by doing one or more of the following: (a) monitoring compliance with Australia’s international obligations; (b) collecting data or samples; (c) monitoring the taking of fish that the holder of the concession is authorized to take under the Act or this instrument; (d) monitoring the taking of any fish or protected organism taken as bycatch, or any impact that the activities under the concession may have on any fish or protected organism. (2) AFMA may give notice of a decision under subsection (1): (a) orally; or (b) in writing; or (c) by email addressed to the holder of the fishing concession at the holder’s email address registered under the Act.

Concession holder to ensure that vessel monitoring system is fitted and operating (1) The holder of a fishing concession must ensure that each nominated boat is fitted with an approved vessel monitoring system. (2) The holder of a fishing concession must take all reasonable steps to ensure that the approved vessel monitoring system on a nominated boat is operating at all times. (3) If the approved vessel monitoring system stops operating, the holder of the fishing concession must ensure that [the Australian Fisheries Management Authority] AFMA is informed as soon as practicable after the holder of the concession becomes aware that the vessel monitoring system has stopped operating.

Concession holder to ensure that vessel monitoring system is fitted and operating (1) The holder of a fishing concession must ensure that each nominated boat is fitted with an approved vessel monitoring system. (2) The holder of a fishing concession must take all reasonable steps to ensure that the approved vessel monitoring system on a nominated boat is operating at all times. (3) If the approved vessel monitoring system stops operating, the holder of the fishing concession must ensure that [the Australian Fisheries Management Authority] AFMA is informed as soon as practicable after the holder of the concession becomes aware that the vessel monitoring system has stopped operating.