Commonwealth Consolidated Regulations

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FISHERIES MANAGEMENT REGULATIONS 1992 

- made under the Fisheries Management Act 1991

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Interpretation  

   PART 2--APPLICATION OF ACT TO AREAS OUTSIDE THE AFZ

   4.      Antarctic waters  
   4AA.    High seas fishing zone -- Southern Bluefin Tuna  
   4AB.    Convention on the Conservation of Antarctic Marine Living Resources sub-area 58.5.2  
   4AC.    South Tasman Rise  
   4AD.    Further area to which the Convention on the Conservation of Antarctic Marine Living Resources applies  

   PART 2A--APPLICATION OF AMENDMENTS OF THE TREATY

   4A.     Amendment of the Treaty  

   PART 2B--FISHERIES

   4B.     Fisheries  
   4C.     Eastern Tuna and Billfish Fishery -- sectors etc  

   PART 3--ADMINISTRATION OF FISHING CONCESSIONS

           Division 1--Auctions and ballots for fishing rights

   5.      Auction for the grant of a fishing right  
   6.      Ballot for the grant of a fishing right  

           Division 2--Tenders

              Subdivision A--Preliminary

   7.      Purpose of Division  
   8.      Definitions for Division  
   8A.     Administration of the tender process  

              Subdivision B--Applications under subsection 26 (1) and the tender process

   8B.     Applications under subsection 26 (1) of the Act  
   8C.     Opening outer envelopes  

              Subdivision C--Ranking and recording of tenders

   8D.     Application procedures if fishery is divided into sectors  
   8E.     Procedures for reserve price  
   8F.     Tenders -- recording and ranking  
   8G.     Certain persons not to be placed on precedence list  
   8H.     Procedures if tenderer can acquire less than all available rights  

           Division 3--Miscellaneous

   9.      Period for payment in relation to a fishing concession  

   PART 4--SURVEILLANCE AND ENFORCEMENT

           Division 1--Recovery of pursuit costs

   10.     Principles for determination of pursuit costs  

           Division 2--Fish receiver permits

   10A.    Interpretation  
   10AA.   Fish receiver permit holder to keep records  
   10AB.   Records -- fish received  
   10AC.   Records -- fish disposed of  
   10AD.   Records -- scallop tags  
   10C.    Fish receiver -- person who receives his or her own catch  
   10D.    Fish receiver -- not person who transports fish  

   PART 5--OPERATION OF BOATS AND EQUIPMENT

   11.     Approval for the presence of foreign boats in the AFZ  
   12.     Identification code for a boat  
   13.     Production of documents on a foreign boat  
   14.     Reporting of a boat's position  
   15.     Identification of the call-sign of a foreign boat  
   16.     Identification of the name of a foreign boat  
   17.     Information relating to persons on board a boat  
   18.     Observers to be carried on boats  
   19.     Sale or disposal of unclaimed equipment  

   PART 5A--DETENTION OF SUSPECTED ILLEGAL FOREIGN FISHERS ETC

           Division 1--Training for officers

   19A.    Training for officers and detention officers  

           Division 2--Identifying detainees

   19B.    Personal identifiers  
   19C.    Personal identifiers detainees must provide  
   19D.    Personal identifiers officers must require non-citizens to provide by way of identification tests  
   19E.    Information to be provided before carrying out identification tests  
   19F.    Authorising access to video recordings -- limitations  
   19G.    Providing video recordings -- permitted provision  
   19H.    Providing video recordings -- limitations  

           Division 3--Disclosure of identifying information

   19I.    Authorising access to identifying information  
   19J.    Authorising disclosure of identifying information  
   19K.    Disclosure of identifying information to Australian bodies  
   19L.    Disclosure of identifying information to international organisations  

           Division 4--Disclosures relating to illegal fishing activities

   19M.    Authorising disclosure of information relating to illegal fishing activities  

   PART 6--PAYMENTS AND FEES

   20.     Payment by instalments  
   21.     Fees  

   PART 7--ADMINISTRATION OF THE STATUTORY FISHING RIGHTS ALLOCATION REVIEW PANEL

   22.     Hours of operation of Registries of the Panel  
   23.     Registrar must date and acknowledge documents  
   24.     Application to the Panel for review of a decision to grant a fishing right  
   25.     Notification by Principal Member that an application for review has been made  
   26.     Notice of date, time and place of a hearing  
   27.     Summons  
   28.     Witness expenses  

   PART 8--DOCUMENTS RELATING TO FISHING CONCESSIONS

   29.     Replacement of documents  
   30.     Return of documents  

   PART 9--REFERENCES TO AREAS OF THE AFZ

   31.     References to areas of the AFZ  

   PART 10--INFRINGEMENT NOTICES

   38.     When can an infringement notice be served?  
   39.     How is an infringement notice to be served?  
   40.     What must be included in an infringement notice?  
   40A.    Reminder notices  
   41.     What happens if the person pays the relevant penalty?  
   42.     Certificate of officer -- prima facie evidence  
   43.     Can there be more than 1 infringement notice for the same offence?  
   44.     What if the relevant penalty is paid by cheque?  
   45.     This Part does not prevent a matter being prosecuted in a court and does not mean that an infringement notice must be served in all cases  
   46.     What is the relevant penalty?  

   PART 11--CATCH RESTRICTIONS

           Division 1--Introductory

   47.     Definitions  
   48.     Interpretation  

           Division 2--Catch limits when fishing for tuna in northern waters

   49.     Application of Division  
   50.     What this Division does  
   51.     Catch limits  

           Division 3--Catch limits for Victorian waters

   52.     Application of Division  
   53.     Holder of fishing concession not to exceed catch limits  
   53A.    Meaning of where fish are taken  
   54.     Crustaceans  
   55.     Molluscs  
   56.     Finfish  

           Division 4--Catch limits for South Australian waters

   57.     Application of Division  
   58.     Holder of fishing concession not to exceed catch limits  
   58A.    Meaning of where fish are taken  
   59.     Crustaceans  
   60.     Molluscs  
   61.     Finfish  

           Division 5--Catch limits for Tasmanian waters

   62.     Application of Division  
   63.     Holder of fishing concession not to exceed catch limits  
   63A.    Meaning of where fish are taken  
   64.     Crustaceans  
   65.     Molluscs  
   66.     Finfish  
   67.     Other species  
   75.     Application  
   76.     When a person may discharge offal  
   77.     Exemptions  
           SCHEDULE 1A Area of fisheries
           SCHEDULE 1 Forms
           SCHEDULE 2 Fees
           SCHEDULE 3 Short methods of reference to areas of the AFZ
           SCHEDULE 4 Amendments of the Treaty
           SCHEDULE 5 Catch limits -- northern waters
           SCHEDULE 6 Catch limits -- Victorian, South Australian and Tasmanian waters

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