FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS 1995 NO. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS 1995 NO. 7 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Particulars to be included in Register 4. Particulars in relation to an application to register a dealing 5. Application for boat nomination 6. Application for cancellation of nomination of a boat 7. Conversion of processed weight to live weight 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations. (NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48) 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 2 Interpretation 2.(1) In these Regulations, unless the contrary intention appears: "Act" means the Fisheries Management Act 1991; "nominated boat" means a boat that is entered in the Register as a nominated boat in respect of a statutory fishing right; "processed form" means Southern Bluefin Tuna that has been gilled and gutted, whether or not the tail or gillplates of the Southern Bluefin Tuna have been removed, but does not include Southern Bluefin Tuna that has been cut up or dismembered in any other manner; "SBT Plan" means the Southern Bluefin Tuna Fishery Management Plan 1995 made under subsection 17 (1) of the Act; "season" means the period commencing on 1 November in a year and ending on 31 October of the next year; "Southern Bluefin Tuna research program" means an internationally co-ordinated program of research about Southern Bluefin Tuna that: (a) is endorsed by the Commission for the Conservation of Southern Bluefin Tuna; and (b) involves taking Southern Bluefin Tuna for research and commercial purposes; (i) in the high seas fishing zone; or (ii) outside the SBT Fishery area; using a foreign boat. (2) Expressions that are used in the SBT Plan and in these Regulations have the same meaning in these Regulations as in that plan. (NOTE: Terms defined in the Fisheries Management Act 1991 have the same meanings in these Regulations.) 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 3 Particulars to be included in Register 3.(1) AFMA must enter in the Register the following particulars in relation to a statutory fishing right granted in respect of the SBT fishery: (a) if the person who is the owner of the fishing right is not the person to whom the fishing right was granted the name of the owner; (b) if the person who is the holder of the fishing right is not the person to whom the fishing right was granted the name of the holder; (c) the postal address shown for the holder of the fishing right in the last written notice of address received by AFMA from the holder; (d) the telephone number shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder; (e) the fax number shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder; (f) if the holder of the fishing right is a company the Australian Company Number of the company shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder; (g) if the owner of the fishing right is a company the Australian Company Number of the company shown for the owner of the fishing right in the last written notice of that number received by AFMA from the owner; (h) if a person applies under subregulation 5 (1) for a boat to be entered in the Register as a nominated boat in respect of the fishing right the identity of the boat; (i) if an instrument is lodged with AFMA under paragraph 46 (3) (c) of the Act that indicates a person has acquired an interest in the fishing right for a season or part of a season for the purpose of taking Southern Bluefin Tuna in the season in accordance with a Southern Bluefin Tuna research program that fact; (j) if AFMA identifies the fishing right by a number or an alphanumeric code that number or code. (2) AFMA may alter the Register to take into account a change in a particular referred to in subregulation (1). 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 4 Particulars in relation to an application to register a dealing 4. If, under a dealing, a person acquires an interest in a statutory fishing right for a season or part of a season for the purpose of taking Southern Bluefin Tuna in the season in accordance with a Southern Bluefin Tuna research program, that purpose is a prescribed particular for the purposes of paragraph 46 (3) (c) of the Act. 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 5 Application for boat nomination 5.(1) Subject to subregulation (2), a person who is: (a) an applicant for registration as an eligible person for a grant of a statutory fishing right in the SBT Fishery; or (b) the holder of a statutory fishing right in the SBT Fishery; may apply in writing to AFMA in the form approved by AFMA for a boat to be entered in the Register as a nominated boat in respect of the fishing right. (2) Subregulation (1) applies only if all the statutory fishing rights in respect of which the boat is a nominated boat are held by the person. (3) Nothing in this regulation prevents more than 1 boat being entered in the Register as a nominated boat in respect of a fishing right. 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 6 Application for cancellation of nomination of a boat 6.(1) The holder of a statutory fishing right granted in respect of the SBT Fishery may apply in writing to AFMA in the form approved by AFMA to cancel an entry in the Register of a nominated boat in respect of the fishing right. (2) On receiving an application, AFMA must cancel the entry. 1995 No. 7 FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS - REG 7 Conversion of processed weight to live weight 7. If, for the purposes of giving effect to any provision of the Act, the weight of whole Southern Bluefin Tuna is to be calculated from the weight of the Southern Bluefin Tuna in processed form, it is to be calculated in accordance with the formula: 1.176 x Processed Weight where "Processed Weight" is the weight, measured in kilograms, of the Southern Bluefin Tuna in processed form. - NOTES 1995 No. 7*1* FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 3 February 1995.