FISHERIES MANAGEMENT ACT 1991

HEARD ISLAND AND McDONALD ISLANDS FISHERY MANAGEMENT PLAN 2002

DIRECTION No. HIMIFD 9

PROHIBITION ON THE USE OF FISHING METHODS OTHER THAN TRAWLING OR LONGLINING

The AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY makes this direction under section 17(5A) and 17(5B) of the Fisheries Management Act 1991 and subsection 31(1) of the Heard Island and McDonald Islands Fishery Management Plan 2002.

Dated   25 November   2005

PETER WITHERIDGE

Executive Secretary

Common seal of the
Australian Fisheries
Management Authority

Citation

1.    This Direction may be cited as Direction No. HIMIFD 9.

Commencement

2.    This Direction commences on the day after registration on the Federal Register of Legislative Instruments.

Application

3.    This Direction applies to a holder of statutory fishing rights in the fishery and to a person acting on behalf of the holder.

Period of Application

4.        This Direction applies for a period of five years from the date of commencement.

Interpretation

5.1     In this Direction:

“fishery” means the Heard Island and McDonald Islands Fishery as defined in the Plan.

“Plan” means the Heard Island and McDonald Islands Fishery Management Plan 2002.

5.2  A term used in this Direction by way of priority, or if there is any inconsistency:

(a)    takes the meaning given to it in the interpretation section of this Direction; then;

(b) if no meaning is given to the word in the interpretation section of this Direction, takes the meaning given to it in the Plan; and then;

(c)   if no meaning is given to the word in this Direction nor in the Plan, takes the meaning given to that word under the Fisheries Management Act 1991.

5.3  The origin of geographical coordinates used in this Direction is the World Geodetic Datum System 1972 (WGS72).

Prohibition on fishing methods

6.        No fishing is to be engaged in in the fishery using any method other than trawling or longlining.

Exemption to the Prohibition on fishing in clause 6

7.    An exemption to the prohibition on fishing in clause 6 above applies to a person who fishes under a scientific permit in accordance with section 15 of the Plan.

Revocation of Direction No. HIMIFD 8

8.    Direction No. HIMIFD 8 is revoked.