113BCMeaning of undermine effectiveness of international conservation and management measures

1. In this Part, undermine the effectiveness of international conservation and management measures means to carry out a relevant activity that the chief executive considers undermines the effectiveness of international conservation and management measures.

2. A relevant activity is an activity that constitutes 1 or more of the following:

3. IUU fishing:
4. transhipping or participating in fishing operations with a vessel that is on a final IUU vessel list:
5. fishing using a ship without nationality:
6. fishing without a licence, permit, or other authorisation required under the law of the country in whose national fisheries jurisdiction the fishing is carried out:
7. taking a stock in contravention of a prohibition imposed by or under this Act:
8. the contravention of a condition of an international fishing permit:
9. the contravention of any other requirement imposed by or under this Act or other legislation on—
   1. the size of fish, aquatic life, or seaweed that may be transhipped or landed; or
   2. records and reports required in relation to the taking of fish, aquatic life, or seaweed:
10. falsifying a document, or using a false or invalid document, that is required by or under this Act or other legislation that relates to the management of fisheries:
11. falsifying or concealing the identity or registration of, or markings on, a vessel in contravention of requirements imposed by or under this Act:
12. concealing, tampering with, or disposing of evidence that is relevant to an investigation under—
    1. this Act; or
    2. the law of another country (in relation to fishing in the national fisheries jurisdiction of that country):
13. obstructing a fisheries officer, a high seas fishery inspector, or an observer in the performance or exercise of their functions, duties, or powers under this Act:
14. any other fishing-related activity that contravenes or is inconsistent with either or both of the following:
    1. the law of the country in whose national fisheries jurisdiction the activity is carried out; or
    2. an international conservation and management measure of a relevant global, regional, or subregional fisheries organisation or arrangement (as defined in section 113BB(5)).

15. In determining whether a relevant activity undermines the effectiveness of international conservation and management measures, the chief executive must have regard to—

16. the degree of culpability of the owner, operator, notified user, or master of the vessel on or from which the activity was carried out; and
17. the harm that was or may be done to the environment as a result of the activity; and
18. the value of the fish, aquatic life, or seaweed taken in connection with the activity; and
19. the extent to which the activity contravened or was inconsistent with the measures; and
20. the extent to which the activity was repeated; and
21. any other matter the chief executive considers relevant.