FISHERIES MANAGEMENT ACT 1991

EASTERN TUNA AND BILLFISH FISHERY MANAGEMENT PLAN 2005

ETBF DIRECTION No. 08/01

DAYLIGHT SETTING CLOSURE

The Australian Fisheries Management Authority makes the following Direction under sub-sections 17(5A) and 17(5B) of the Fisheries Management Act 1991 and sub-sections 12(1) and 12(4) of the Eastern Tuna and Billfish Fishery Management Plan 2005.

Dated –  28  July 2008

The common seal of the Australian
Fisheries Management Authority was affixed in accordance with a resolution of the Commission established under s10B of the Fisheries Administration Act 1991.

Peter Witheridge

Executive Secretary

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Citation

1.         This Direction may be cited as ETBF Direction No. 08/01.

Commencement

2.         This Direction commences on the first moment of the day after the day when the Direction is registered on the Federal Register of Legislative Instruments.

Application

3.         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 area of the fishery.

Period of Application

4.         This Direction applies for a period beginning when this Direction commences and ending on (and including) 31 August 2008.

Interpretation

5.1       In this Direction:

 “ideal horizon” for a place at sea level means the notional horizon that would be seen from the place if the earth’s 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.

“setting” means releasing a longline into the sea;

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

[Notes:   1. Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.

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).

Prohibitions on fishing

6.         No setting is to be undertaken in waters within the area of the fishery that are:

(a)  South of latitude 33⁰ South; and

                        (b) West of longitude 156⁰ East; and

                        (c) North of latitude 36⁰ South.

Exemptions to the prohibition on fishing in clause 6

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