Federal Register of Legislation - Australian Government

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Directions/Other as amended, taking into account amendments up to Eastern Tuna and Billfish Fishery Amendment Direction No. 1 of 2006 - Daylight Fishing Closure
Administered by: Agriculture, Fisheries and Forestry
Registered 01 Aug 2006
Start Date 22 Jul 2006
End Date 09 Aug 2006
Date of repeal 09 Aug 2006
Repealed by Cessation provision.

Eastern Tuna and Billfish Fishery Direction No. 1 of 2006

as amended

made under the

Fisheries Management Act 1991 and Eastern Tuna and Billfish Fishery Management Plan 2005

This compilation was prepared on 28 July 2006
taking into account amendments up to Eastern Tuna and Billfish Fishery Amendment Direction No. 1 of 2006 – Daylight Fishing Closure

The text of any of those amendments not in force on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

                        1     Name of Direction [see Note 1]                                                             2

                        2     Commencement                                                                                  2

                        3     Application                                                                                          2

                        4     Period of Application                                                                            2

                      5.1     Interpretation                                                                                       2

                      5.2                                                                                                               3

                      5.4                                                                                                               3

                      5.5                                                                                                               3

                        6     Prohibitions on fishing                                                                          3

                        7     Exemptions to the prohibition on fishing in clause 6                                3

                        8                                                                                                               3

Notes                                                                                                                                4

 


  

  

1              Name of Direction [see Note 1]

                This Direction is the Eastern Tuna and Billfish Fishery Direction No. 1 of 2006.

2              Commencement

                This Direction commences on 13 July 2006.

3              Application

                This Direction applies to a holder of a fishing permit authorising the use of a boat in the Eastern Tuna and Billfish Fishery, and to a person acting on behalf of the holder, when fishing in the Eastern Tuna and Billfish Fishery area.

4              Period of Application

                This Direction applies for a period beginning on the date this Direction commences and ending on 9 August 2006.

5.1           Interpretation

                In this Direction:

fishing includes shooting, soaking and hauling longline fishing equipment.

hauling means retrieving a longline from the sea.

ideal horizon for a place at sea level means the notional horizon that would be seen from the place if the earths surface around the place were also at sea level.

nautical dawn for a place means the time at sunrise when the centre of the sun is at a depression angle of 12 degrees below the ideal horizon for the place.

nautical dusk for a place means the time at sunset when the centre of the sun is at a depression angle of 12 degrees below the ideal horizon for the place.

shooting means releasing a longline into the sea.

soaking means leaving a longline in the sea.

5.2           A term used in this Direction that is used in the Eastern Tuna and Billfish Fishery Management Plan 2005 has the same meaning in this Direction as in that plan.

Note 1   Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.

Note 2   Terms defined in the Eastern Tuna and Billfish Fishery Management Plan 2005 include “Eastern Tuna and Billfish Fishery” and “Area of the fishery”.

5.4           This Direction is to be read consistently with other Directions made under the Eastern Tuna and Billfish Fishery Management Plan 2005.

5.5           The origin of geographical coordinates used in this Direction is the Geocentric Datum of Australia (GDA94).

6              Prohibitions on fishing

                No fishing is to be undertaken in waters within the area of the Fishery that are:

                (a)    South of latitude 35° South; and

               (b)    West of longitude 156° East; and

                (c)    North of latitude 40° South.

7              Exemptions to the prohibition on fishing in clause 6

                The prohibition in clause 6 does not apply to fishing between nautical dusk and nautical dawn.

8              The Prohibition in clause 6 does not apply to hauling a longline that was legitimately shot and soaked between nautical dusk and nautical dawn.


Notes to the Eastern Tuna and Billfish Fishery Direction No. 1 of 2006

Note 1

The Eastern Tuna and Billfish Fishery Direction No. 1 of 2006 (in force under the Fisheries Management Act 1991 and Eastern Tuna and Billfish Fishery Management Plan 2005) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Eastern Tuna and Billfish Fishery Direction No. 1 of 2006

12 July 2006 (see F2006L02340)

13 July 2006

 

Eastern Tuna and Billfish Fishery Amendment Direction No. 1 of 2006 – Daylight Fishing Closure

21 July 2006 (see F2006L02423)

22 July 2006

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 8.........................................

ad. 2006 No. 1