Heard Island and Mcdonald Islands (Himi) Fishery

HEARD ISLAND AND MCDONALD ISLANDS (HIMI) FISHERY

General Conditions 2014/15

Conditions applying to this Statutory Fishing Right

In addition to the conditions specified by sub section 22(3) of the Fisheries Management Act 1991, and the condition in sub section 42(2) to comply with any log book determination, the following conditions are specified for the purposes of sub section 22(4) paragraph (a):

Note: Under sub section 22(5) these conditions may be varied, revoked or a further condition specified by written notice from AFMA.

In addition to the above, the holder must comply with all the obligations prescribed in the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan) in particular:

Section 12 titled Who may fish in the fishery;

Section 13 titled Quantity of fish that may be taken;

Section 28 titled Environmental requirements; and

Section 30 titled Other obligations of holders of statutory fishing rights.

Further, the holder must comply with all obligations prescribed in the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 in particular:

Section 8 titled Mesh size of trawl nets;

Section 9 titled Size of fishing gear;

Section 10 titled Net monitor cables;

Section 15 titled Appointment of data collection officer;

Section 16 titled Data collection officer’s duties;

Section 17 titled Payment of data collection officer;

Section 19 titled Nominated surveyor’s inspection;

Section 20 titled Declaration by owner or operator;

Section 21 titled Identification of International Telecommunications Union Radio/Call Sign (IRCS);

Section 22 titled Identification of marker buoys;

Section 24 titled Mechanical breakdown of meal plant;

Section 25 titled Report to AFMA;

Section 26 titled Contingency arrangements for breakdown of meal plant;

Section 27 titled When contingency arrangements do not apply;

Section 29 titled Disposal of fish meal;

Section 30 titled CCAMLR inspections;

Section 31 titled Inspections when in port;

Section 32 titled Report on inspection;

Section 33 titled Packaging and labeling of fish; and

Section 34 titled Unloading of fish - notice requirements.

By s42B(2) of the Act, Regulations may prescribe conditions that apply to fishing concessions. Regulations have been prescribed in the Fisheries Management Regulations 1992 providing conditions that apply to this fishing concession in particular:

Regulation 9D: Concession holder to ensure that vessel monitoring system is operational;

Regulation 9F: Concession holder to ensure provision for observer and equipment to be carried;

Regulation 9G: Concession holder to ensure observer enabled to perform functions.

Regulation 9I: Fish to be disposed of to fish receiver permit holder;*

Regulation 9J - 9ZL: Catch limits;*

Regulation 9ZO: Prohibited ways of processing fish;*

Regulation 9ZP: Removal of shark liver;*

Regulation 9ZS: No interaction with protected organism;

Regulation 9ZT: Recording and reporting interaction with protected organism;

Regulation 9ZU: Reporting interaction with protected organism if protected organism injured;

Regulation 9ZV: Reporting interaction with protected organism if protected organism killed; and

Regulation 9ZX: Nominated boat used for trip.

* not applicable to some concessions

Area of Waters

1. This concession is granted for the area of waters described as the area specified in Schedule 1 of the Heard Island and McDonald Islands Fishery Management Plan 2002.

Area Limitations

2. The holder must not fish under this concession outside the area of waters described in this document.

Gear Limitations

3. Longline fishing is permitted during the period 1 May to 14 September. Further longline fishing is permitted during the longline season extension periods 15 April to 30 April and 15 September to 14 November provided the holder has written agreement from AFMA. The extensions to the longline fishing season will also be subject to a total catch limit of three (3) seabirds per vessel as outlined in paragraph 12 below.

4. The holder must tow paired streamer lines when deploying longlines. Each of the two streamer lines must be set up in accordance with specifications of streamer lines and method of deployment given in Annex 25-02A of CCAMLR Conservation Measure 25-02 (2014).

5. The holder must use internally weighted longlines with an integrated weight of at least 50g/m.

6. The holder is permitted to use trawl methods in accordance with CCAMLR Conservation Measures 25-03 (2011) and 41-08 (2014) but must not fish for Mackerel Icefish using mid-water trawl gear during the period 1 February to 31 March in any year.

7. If three (3) or more seabirds are caught and killed by mid-water trawl gear used under this concession, the holder:

a. must immediately cease fishing using that method during daylight hours; and

b. may only fish using mid-water trawl gear at night (i.e. during the period after nautical dusk and before nautical dawn).

8. The holder is permitted to use pot fishing methods in accordance with CCAMLR Conservation Measure 41-08 (2014).

Note: Nautical dusk and nautical dawn are defined as set out in the Nautical Almanacs for the relevant latitude, local time and date. A copy of the algorithm for calculating these times is available from the CCAMLR Secretariat. All times, whether for boat operations or observer reporting, shall be referenced to GMT.

Interactions with Seabird Obligations

9. The holder must operate in accordance with CCAMLR Conservation Measures, in particular Conservation Measures 25-02 (2014), 25-03 (2011), 26-01 (2009), 33-02 (2014), and 41-08 (2014).

Note: Paragraph 5 of CCAMLR Conservation Measure 25-02 does not apply as all offal must be retained in accordance with Section 28(d) of the Plan.

10. Seabird bycatch occurs where a seabird is observed caught during longline fishing. A seabird is caught in situations where the seabird is either hooked or entangled in fishing gear, regardless of whether the seabird is landed on board the fishing vessel. A seabird is observed as caught under one of the following situations:

a. dead not landed on board - birds observed to be killed by direct interaction with fishing gear, but not landed on the fishing vessel;

b. dead landed on board - birds killed by direct interaction with fishing gear and landed on the fishing vessel;

c. alive landed on board the fishing vessel following direct interaction with fishing gear:

i. injured; or

ii. released uninjured; or

d. alive and released while not on board the fishing vessel following direct interaction with fishing gear:

i. injured; or

ii. released uninjured.

11. In accordance with the Threat Abatement Plan 2014 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations, a seabird caught by a longline shall be considered to be dead if:

a. it is obviously dead (i.e. shows no muscle movement or corneal reflex); or

b. it is landed alive, but displays any of the following pathologies that may lead to death on its release:

i. fracture of a wing bone, a leg bone or beak;

ii. broken feather shafts on more than two primary feathers on either wing;

iii. substantial damage to the patagial tendon (indicated by a drooping wing or the inability to fly upon release);

iv. an open wound (other than superficial injuries in which there is no subcutaneous muscle damage);

v. waterlogged or hydrocarbon-soiled plumage; or

vi. any seabird released with a hook in situ.

12. If three (3) or more seabirds are caught and killed by longline fishing gear used under this concession during the longline season extension periods of 15 April to 30 April and 15 September to 14 November, longline fishing throughout the season extensions shall cease immediately for that vessel. (CCAMLR Conservation Measure 41-08 (2014))

13. If the boat nominated to this concession is involved in any incident that results in an injury or the death of a seabird, the concession holder must:

a. if the bird is injured do everything that can practicably be done to give aid to the seabird; or

b. if the bird is dead, ensure:

i. if feasible, the dead seabird is brought aboard the boat;

ii. if feasible, the dead seabird is collected whole or tissue sampled for analysis, and stored on board the boat in a manner that limits decay, while meeting any boat food safety requirements established by the Australian Quarantine and Inspection Service;

iii. if feasible, the dead seabird is either transported as a whole seabird specimen or tissue sample, to a storage and analysis facility nominated by the Department of the Environment or undergo other analysis, as required by the Department of the Environment with these costs met by the Department of the Environment;

iv. provide whatever assistance is necessary for the observer to:

- take photographs or video footage of the dead seabird;

- keep whatever parts of the dead seabird the observer believes are necessary;

- collect any other data and make any other observations requested by AFMA; and

v. any remains of the dead seabird that are not retained are discharged from the boat in a manner that does not attract seabirds to the boat.

c. immediately tell the observer on board the boat about the incident, and allow the observer to observe the consequences of the incident.

d. inform AFMA via email <mailto:> and AAD via email <mailto:> about the incident within 24 hours after the incident, including:

i. number of seabirds caught;

ii. species of seabirds caught;

iii. life status of seabirds caught;

iv. type of bait used;

v. fishing gear and mitigation measured and stage of operation when the seabird bycatch occurred;

vi. time of day/night of line setting and haul;

vii. date and location of the catch;

viii. external factors (such as weather conditions and moon phase) that may influence seabird bycatch; and

ix. whether the bird is dead or alive, and, if applicable, a description of the injuries the bird sustained;

x. whether the bird is banded; and

xi. whether the seabird was retained on board the boat or released.

Interactions with Marine Mammals Obligations

14. If the boat nominated to this concession is involved in an incident that results in an injury to, or the death of, a marine mammal, the concession holder must:

a. either:

i. if the mammal is injured, where possible, do everything that can practicably be done to give aid to the mammal; or

ii. if the mammal is dead, where possible, attempt to retrieve its carcass, and:

a. if it is possible to do so without contaminating fish products on board the boat, keep the carcass until it is possible to send it to a place nominated by AFMA; or

b. otherwise:

iii. provide whatever assistance is necessary for the observer to:

a. take photographs or video footage of the dead bird or mammal; and

b. while meeting any boat food safety requirements established by the Australian Quarantine and Inspection Service, keep whatever parts of the carcass the observer believes are necessary; and

c. collect any other data, or make any other observations, requested by AFMA; and

d. discharge the remains of the carcass from the boat in a manner that does not attract birds or mammals to the boat;

b. immediately tell the observer on board the boat about the incident, and allow the observer to observe the consequences of the incident; and

c. tell AFMA, in writing, about the incident within 24 hours after the incident.

15. The concession holder is not taken to have complied with the above paragraph unless AFMA has replied in writing within 72 hours from when the report was sent, saying that the holder’s transmission has been fully received and is legible.

Movement Obligations

16. If any haul contains more than 100 kilograms of mackerel icefish, and more than 10% of the mackerel icefish by number are smaller than 240 millimetres in total length, the holder must move to another fishing location. The holder must not carry out fishing operations within 5 nautical miles of any point of the tow where the catch of mackerel icefish smaller than 240 millimetres exceeded 10% for a period of at least 120 hours.

Note: The total length of a mackerel icefish is considered to be the distance from the tip of the snout to the furthest tip of the tail.

17. If the holder takes in any one haul, by catch of 2 tonnes or more, of or any one of the species Unicorn icefish, Grey rockcod, Macrourus spp, Somniosus spp, or 2 tonnes or more of skates and rays, the holder must not, for 120 hours at any point within 5 nautical miles of the location of the haul, use that same fishing method to fish.

18. If the holder takes in any one haul, by catch of 1 tonne or more, of any single species, other than Patagonian toothfish or the species, skates and rays permitted by condition 17, the holder must not for 120 hours at any point within 5 nautical miles of the location of the haul, use the same method to fish.

Note: For a trawl the path is defined from the point at which the fishing gear was first deployed from the boat to the point at which the fishing gear was retrieved by the boat. For a longline the path is defined from the point at which the first anchor of a set was deployed to the point at which the last anchor of that set was deployed.

Transhipping Obligations