Federal Register of Legislation - Australian Government

Primary content

Directions/Other as made
This Direction prohibits fishing by freezer/processing vessels unless Seal Excluder Devices are used.
Administered by: Agriculture and Water Resources
Registered 22 Dec 2010
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate08-Feb-2011
Date ceased to have effect 31 Dec 2015
Ceased by Self Ceasing

DIRECTION NOT TO ENGAGE IN FISHING

 

Fisheries Management Act 1991
Section 17(5A)         

Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

Section 56(1)

SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY (GEAR REQUIREMENTS) DIRECTION 2010 NO. 6

 

USE OF SEAL EXCLUDER DEVICES BY FREEZER PROCESSING VESSELS IN THE COMMONWEALTH SOUTH EAST TRAWL SECTOR

 

I, James Findlay, Acting Chief Executive Officer of the Australian Fisheries Management Authority (AFMA), as delegate, make the following Direction under subsection 17(5A) of the Fisheries Management Act 1991 and subsection 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

 

Dated:               16   December 2010

 

 

 

 

(Signed) James Findlay

 

Acting Chief Executive Officer,

Australian Fisheries Management Authority

 

 

Citation

1.    This Direction may be cited as SESSF (Gear Requirements) Direction 2010 No. 6.

Commencement

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

Application

3.      This Direction applies to a holder of a fishing concession in the Southern and Eastern Scalefish and Shark Fishery and to a person acting on behalf of the holder.

Period of Application

4.      This Direction applies for a period beginning on the date this Direction commences and ending on 31 December 2015.

Interpretation

5.1  In this Direction:

"boat"  means a boat that is nominated on a fishing concession for the Southern and Eastern Scalefish and Shark Fishery;

"fishing" means the commercial fishing activities that are referred to in section 20 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 and defined in the Fisheries Management Act 1991;

"equipment" means equipment for fishing;

"SED" means Seal Excluder Device;

UTC" means Coordinated Universal Time, the time scale based on the second (SI), maintained by the International Bureau of Weights and Measures.  For the purposes of this Direction UTC is equivalent to mean solar time at the prime meridian (0 degrees longitude), formerly expressed in Greenwich Mean Time (GMT);

factory ship” means a vessel that has the capacity to process and freeze fish.

5.2  A term used in this Direction that is defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 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 Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 include "Southern and Eastern Scalefish and Shark Fishery” and "Southern and Eastern Scalefish and Shark Fishery area". ]

5.3  Origin of geographic coordinates: The position of a geographic coordinate mentioned in this Direction is to be determined by reference to the Geocentric Datum of Australia (GDA94), as defined in Gazette No. GN 35, 6 September 1995.

Prohibition on freezing/processing vessels

6.    During the period 1 June to 30 September each year, fishing using a factory vessel is prohibited in the area South of 40 degrees S and West of 147 degrees E of the Commonwealth South East Trawl Sector as defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan (the prohibited area), unless the following requirements are met:

       (a)   In every trawl shot a SED is used that complies with the following specifications:

                        (i)         a grid is used to prevent seals from entering the codend of the trawl net, being a grid that is made of a rigid material strong enough to repel a seal (such as a 25mm diameter stainless steel rod) with a spacing between bars of no more than 250mm. The grid must conform as closely as possible to the corresponding cross-section dimensions of the net; and

                        (ii)        the escape hatch must be no smaller than 800mm in length and 600mm in width at its widest point and be free of obstruction, and be located at the top of the net adjacent to the SED

                        (iii)       the use of a ‘hood’ over the escape hatch is optional.  If a hood is used it must be made of mesh of no greater than 40mm and have a kite attached to the leading edge of the escape hatch that ensures that the escape hatch egress is maintained; and

                        (iv)       at least one single 20cm diameter float is attached at the centre of the leading edge of the kite for initial flotation, and

                        (b)       The person complies with the following reporting procedure for each trawl shot:

(i)         In the fishing logbook titled Eastern Finfish Trawl Daily Fishing Log (EFT01A/EFT01B) or any subsequent logbook the person is required to complete, the following information is recorded in accordance with the General Information and Instructions for completion of the logbook:

                        - number of "alive" captured seals; and/or

                        - number of "dead" captured seals; or

                        - if no seals are captured report "nil seals" and

(b)       immediately at the conclusion of a shot in which seals are captured, an email is sent to monitoring@afma.gov.au, detailing the number of "alive" and/or "dead" seals.

Revocation of SESSF Direction No. 07

7.    SESSF Direction No. 07 of 13 June 2007 is revoked from the commencement of this Direction.