FISHERIES MANAGEMENT ACT 1991

HEARD ISLAND AND McDONALD ISLANDS FISHERY
MANAGEMENT PLAN 2002

DIRECTION No. HIMIFD 6

CLOSURE OF WATERS ADJACENT TO HEARD ISLAND AND MCDONALD ISLANDS

I, Leslie John Roberts, Acting Managing Director of the Australian Fisheries Management Authority, as delegate make the following Direction under subsection 17(5A) of the Fisheries Management Act 1991 and subsection 31(1) of the Heard Island and McDonald Islands Fishery Management Plan 2002.

Dated 1 April 2004

Les Roberts

Acting Managing Director,
Australian Fisheries Management Authority

Citation

1.         This Direction may be cited as Direction No. HIMIFD 6.

Commencement

2.         This Direction commences on Gazettal.

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

6.         No fishing is to be engaged in in that part of the fishery on the landward side of the line one mile to seaward of the outer edge of the territorial sea of the Territory of the Heard Island and McDonald Islands.

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 2

8.         Direction No. HIMIFD 2 is revoked.