Federal Register of Legislation - Australian Government

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Directions/Other as made
This Direction is to replace the measures implemented by the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Management Plan 2003) Temporary Order 2011.
Administered by: Agriculture
Registered 28 Oct 2011
Tabling HistoryDate
Tabled HR01-Nov-2011
Tabled Senate01-Nov-2011
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

 

DIRECTION NOT TO ENGAGE IN FISHING

 

Fisheries Management Act 1991

Subsections 41A(2)

 

SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY (Closures) DIRECTION No. 2 2011

                                                                                                                                                           

 

I, James Findlay, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 1 of 2011 made on 28th January 2011 from the Commission, make the following Direction under section 41A(2) of the Fisheries Management Act 1991.

 

 

Dated:    18 October 2011

 

 

 

 

 

James Findlay

Chief Executive Officer

Australian Fisheries Management Authority

                                                                                                                                                           

 

Citation

1.      This Direction may be cited as the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No.2 2011.

 

Commencement

2.      This Direction commences on 1 November 2011.

 

Period of Application

3.      This Direction applies for the period beginning on the date this Direction commences and ends at the end of 30 April 2013, unless earlier revoked. 

 

To Whom This Direction Applies

4.      This Direction applies to a holder, in the Southern and Eastern Scalefish and Shark Fishery, of:

(a)                a Gillnet Boat Statutory Fishing Right; and/or

(b)               a South Australian Coastal Waters Permit

and to a person acting on behalf of the holder.

 

[Note: This means that the Direction does not apply to a person if the person is fishing in the area of the Fishery in accordance with a fishing concession that is subject to another plan of management in force under the Act, under a scientific permit, a permit issued in another fishery, or under a licence issued under a law of a State or Territory.]

 

Interpretation

5.      A term used in this Direction that is defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Management Plan) has the same meaning in this Direction as it has in the Management Plan.


Direction Not to Engage in Fishing

6.      Fishing by gillnet methods is not to be engaged in in the areas of waters of the Southern and Eastern Scalefish and Shark Fishery described in Schedule 1.

 

Interaction with other legislative instruments

7.      For the avoidance of doubt:

(1) Where a person is authorised to fish in an area under both this Direction and the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Management Plan 2003) Temporary Order 2011 No.2, which commenced on 23 September 2011 (the Dolphin Temporary Order):

(a)    this Direction does not authorise the person to fish in that area using gillnet methods if this would be inconsistent with the Dolphin Temporary Order; and

(b)   if the person is prohibited from fishing in that area using gillnet methods by this Direction, but not by the Dolphin Temporary Order, this Direction prevails. 

 

(2)  This Direction does not affect any other Direction made under s41A of the Fisheries Management Act 1991 (the Management Act), or, prior to the commencement of the Fisheries Legislation amendment Act (N0. 2) 2010, under former section 17(5A) of the Management Act and section 56 of the Management Plan, which directions continue in force according to their terms.

 

 


 

Schedule 1

 

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No.2 2011.

 

Fishing by gillnet methods is not to be engaged in in the following areas:

 

Kangaroo Island gillnet strip closure

The area of the Kangaroo Island gillnet strip closure is the part of the Australian Fishing Zone and coastal waters of the State of South Australia contained within and bounded by a line:

(a)    commencing at the intersection of the coastline of Kangaroo Island, South Australia at mean low water with the parallel of longitude of 137° 43’ 30” east, in the vicinity of Reynolds Point and running progressively;

(b)   generally southwesterly and westerly along the mean low water line of the southern coastline of Kangaroo Island to its intersection with the parallel of longitude 136° 34’ 44.88” east in the vicinity of  Cape du Couedic;

(c)    then west along that meridian of latitude to its intersection with longitude 136° 31’ 18.22”  east;

(d)   then south along that meridian to latitude 36° 14’ 56.47” south;

(e)    then east along that parallel to its intersection with longitude 137° 35’ 19.97” east;

(f)    then north along that meridian to its intersection with a line every point of which is four nautical miles seaward of the mean low water line of the southern coastline of Kangaroo Island;

(g)   then generally northeasterly along that four nautical mile line to its intersection with the parallel of longitude of 137° 43’ 30” east; 

(h)   then north along the parallel of longitude to the point of commencement.

 

Head of the Great Australian Bight gillnet strip closure

The area of the Head of the Great Australian Bight gillnet strip closure is the part of the Australian Fishing Zone and coastal waters of the State of South Australia contained within and bounded by a line:

 

(a)    commencing at the intersection of the southern coastline of the mainland of Australia at mean low water with the meridian of longitude 129° 00’ 05.2” east and running progressively;

(b)   south along that meridian to its intersection with a line every point of which is four nautical miles seaward of the mean low water line of the southern coast of the mainland of Australia;

(c)    then generally easterly and northeasterly along that four nautical mile line to its intersection with the parallel of longitude of 129° 19’ 36.05” east;

(d)   then south along that meridian to latitude 31° 48’ 24.76” south;

(e)    then east along that parallel to its intersection with longitude 130° 45’ 44.52” east;

(f)    then north along that meridian to its intersection with a line every point of which is four nautical miles seaward of the mean low water line of the southern coastline of Kangaroo Island;

(g)   then generally northeasterly along that four nautical mile line to its intersection with the parallel of longitude of 131° 08’ 00” east; 

(h)   north along that parallel of longitude to its intersection with the mean low water line of the southern coastline of South Australia, in the vicinity of Twin Rocks;

(i)      then generally southwesterly and westerly along the mean low water line of the southern coastline of South Australia to the point of commencement.

 

4nm radius Australian sea lion gillnet closures

The area of the 4nm Australian sea lion gillnet closures is the part of the Australian Fishing Zone and/or Coastal Waters of the State of South Australia contained within and bounded by a line four nautical miles seaward of:

(a)    Purdie Island located near latitude 32° 16’ 11” south, longitude 133° 13’ 42” east;

(b)   Lounds Island located near latitude 32° 16’ 23” south, longitude 133° 21’ 56” east;

(c)    West Island located near latitude 32° 30’ 39” south, longitude 133° 15’ 05” east;

(d)   Fenelon Island located near latitude 32° 34’ 52” south, longitude 133° 16’ 54” east;

(e)    Blefuscu Island located near latitude 32° 28’ 01” south, longitude 133° 38’ 38” east;

(f)    Albatross Island located near latitude 35° 04’ 07” south, longitude 136° 10’ 53” east;

(g)   North Island located near latitude 35° 07’ 14” south, longitude 136° 28’ 34” east; and

(h)   Peaked Rocks located near latitude 35° 11’ 06” south, longitude 136° 28’ 55” east.

 

 

11nm radius Australian sea lion gillnet closures

The area of the 11 nm Australian sea lion gillnet closures is the part of the Australian Fishing Zone and/or Coastal Waters of the State of South Australia contained within and bounded by a line eleven nautical miles seaward of:

(a)    Nuyts Reef (west) located near latitude 32° 07’ 07” south, longitude 132° 07’ 53” east;

(b)   Nuyts Reef (east) located near latitude 32° 08’ 19” south, longitude 132° 08’ 29” east;

(c)    Point Fowler located near latitude 32° 00’ 39” south, longitude 132° 26’ 16” east;

(d)   Olive Island located near latitude 32° 43’ 09” south, longitude 133° 58’ 11” east;

(e)    Nicolas Baudin Island located near latitude 33° 00’ 56” south, longitude 134° 07’ 59” east;

(f)    Jones Island located near latitude 33° 11’ 07” south, longitude 134° 22’ 02” east;

(g)   West Waldegrave Island located near latitude 33° 35’ 46” south, longitude 134° 45’ 41” east;

(h)   Ward Island located near latitude 33° 44’ 27” south, longitude 134° 17’ 06” east;

(i)     Dorothee Island located near latitude 34° 00’ 18” south, longitude 134° 14’ 42” east;

(j)     Rocky (North) Island located near latitude 34° 15’ 31” south, longitude 135° 15’ 38” east;

(k)   Four Hummocks (North) Island located near latitude 34° 45’ 28” south, longitude 135° 02’ 32” east;

(l)     Price Island located near latitude 34° 42’ 28” south, longitude 135° 17’ 22” east; and

(m) Liguanea Island located near latitude 34° 59’ 54” south, longitude 135° 37’ 11” east;

(n)   Lewis Island located near latitude 34° 57’ 25” south, longitude 136° 01’ 54” east;

(o)   North Neptune (East) Island located near latitude 35° 13’ 41” south, longitude 136° 04’ 37” east.

(p)   South Pages Island located near latitude 35° 46’ 38” south, longitude 138° 17’ 30” east; and

(q)   North Pages Island located near latitude 35° 45’ 32” south, longitude 138° 18’ 04” east.