Federal Register of Legislation - Australian Government

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No. 1 Directions/Other as made
This direction implements temporal and spatial closure arrangements to prevent unacceptable dolphin mortalities. The direction applies to concession holders fishing in the Small Pelagic Fishery using the mid-water trawl fishing method.
Administered by: Agriculture and Water Resources
Made 08 May 2015
Registered 08 May 2015
Tabled HR 12 May 2015
Tabled Senate 13 May 2015
Date of repeal 11 May 2017
Repealed by Small Pelagic Fishery (Closures) Direction Revocation 2017

Australian Government, Australian Fisheries Management Authority logo.

DIRECTION NOT TO ENGAGE IN FISHING

Fisheries Management Act 1991

Subsection 41A(2)

SMALL PELAGIC FISHERY (CLOSURES) DIRECTION No. 1 2015

                                                                                                                                                      

I, JAMES FINDLAY, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 6 of 2013 made on 16th September 2013 from the Commission, make the following Direction under subsection 41A(2) of the Fisheries Management Act 1991.

Dated:   8 May 2015

James Findlay

Chief Executive Officer

Australian Fisheries Management Authority

                                                                                                                                                      

Citation

1.       This Direction may be cited as the Small Pelagic Fishery (Closures) Direction No. 1 2015.

Commencement

2.       This Direction commences on 8 May 2015.

Cessation

3.       This Direction ceases as if it was revoked on 8 May 2020 unless earlier revoked.

Interpretation

4.      Terms used in this Direction that are defined for the purposes of the Small Pelagic Fishery Management Plan 2009 (the Plan) have the same meanings in this Direction as they have in the Plan.

 

4.1     “Interaction” has the same meaning as Regulation 9ZQ of the Fisheries Management Regulations 1992 as at 8 May 2015.

 

 

4.3     “Hours of darkness” means the hours after nautical evening twilight until nautical morning twilight. The exact times of nautical twilight are set forth in the Nautical Almanac tables for the relevant latitude, local time and date. A copy of the algorithm for calculating these times is available from the Commission for the Conservation of Antarctic Marine Living Resources website https://www.ccamlr.org/en/node/84096.

 

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

To whom this Direction applies

5.       This Direction applies to a holder of a fishing concession in the Small Pelagic Fishery and to a person acting on behalf of the holder.

 

Direction not to engage in fishing

6.            Fishing by the mid-water trawl fishing method is not to be engaged in in the Small Pelagic Fishery during the hours of darkness. For the avoidance of doubt, the concession holder must not have any fishing gear in the water during the hours of darkness.

7.            If a concession holder (or a person acting on behalf of a concession holder) in the Small Pelagic Fishery has an interaction with a dolphin or dolphins, resulting in the mortality of one or more dolphins in any management zone listed in Schedule 1-7, fishing is not to be engaged in in that management zone of the fishery by the mid-water trawl fishing method for a period of six months from the date of the interaction.


a.        

 

SCHEDULE 1 - MANAGEMENT ZONES

 

Management Zone One

 

The area of management zone one is the part of the AFZ bounded by a notional line

beginning at the intersection of the parallel of latitude 31° 00’ south and the coastline of

Western Australia, and running progressively as described in the following table

(excluding any coastal waters):

 

Item

Description

1

West along that parallel to the intersection with the outer limit of the AFZ

2

Generally southerly and easterly along that outer limit to the point of

intersection with the meridian of longitude 122° 00’ east

3

North along that meridian to the intersection with the coastline of Western

Australia

4

Generally westerly and northerly along the Australian coastline to the point

of commencement

 

 

SCHEDULE 2- MANAGEMENT ZONES

 

Management Zone Two

 

The area of management zone two is the part of the AFZ bounded by a notional line

beginning at the intersection of the meridian of longitude 122° 00’ east and the coastline

of Western Australia, and running progressively as described in the following table

(excluding any coastal waters):

 

Item

Description

1

South along that meridian to the intersection with the outer limit of the AFZ

2

Generally easterly along that outer limit to the point of intersection with the

meridian of longitude 133° 00’ east

3

North along that meridian to the intersection with the coastline of South

Australia

4

Generally westerly along the Australian coastline to the point of commencement

 

SCHEDULE 3- MANAGEMENT ZONES

 

Management Zone Three

The area of management zone three is the part of the AFZ bounded by a notional line

beginning at the intersection of the meridian of longitude 133° 00’ east and the coastline

of South Australia, and running progressively as described in the following table

(excluding any coastal waters):

 

Item

Description

1

South along that meridian to the intersection with the outer limit of the AFZ

2

Generally south-easterly along that outer limit to the point of intersection

with the meridian of longitude 141° 00’ east

3

North along that meridian to the intersection with the coastline of Australia

at the landward boundary between South Australia and Victoria

4

Generally north-westerly along the Australian coastline to the point of

commencement

 

SCHEDULE 4- MANAGEMENT ZONES

 

Management Zone Four

The area of management zone four is the part of the AFZ bounded by a notional line

beginning at the intersection of the meridian of longitude 141° 00’ east and the coastline

of Australia at the landward boundary between South Australia and Victoria and running

progressively as described in the following table (excluding any coastal waters):

 

Item

Description

1

South along that meridian to the intersection with the outer limit of the AFZ

2

Generally south-easterly along that outer limit to the point of intersection

with the meridian of longitude 146° 30’ east

3

North along that meridian to the intersection with the southern coastline of

Tasmania

 

4

Generally north-westerly and easterly along the coastline of Tasmania to the

point of intersection with the meridian of longitude 146° 30’ east

5

North along that meridian to the intersection with the coastline of Victoria

6

Generally westerly along that coastline to the point of commencement

 

SCHEDULE 5- MANAGEMENT ZONES

 

Management Zone Five

The area of management zone five is the part of the AFZ bounded by a notional line

beginning at the point of intersection of parallel of latitude 40° 00’ south and the

meridian of longitude 146° 30’ east and running progressively as described in the

following table (excluding any coastal waters):

 

Item

Description

1

South along that meridian to the intersection with the northern coastline of

Tasmania

2

Generally easterly, southerly and westerly along that coastline to the point

of intersection with the meridian of longitude 146° 30’ east

3

South along that meridian to the intersection with the outer limit of the AFZ

4

Generally easterly, north-easterly and northerly along that outer limit to the

point of intersection with the parallel of latitude 40° 00’ south

5

West along that parallel to the point of commencement

 

SCHEDULE 6- MANAGEMENT ZONES

 

Management Zone Six

The area of management zone six is the part of the AFZ bounded by a notional line

beginning at the intersection of the meridian of longitude 146° 30’ east and the coastline

of Victoria and running progressively as described in the following table (excluding any

coastal waters):

 

Item

Description

1

South along that meridian to the point of intersection with the parallel of

latitude 40° 00’ south

2

East along that parallel to the intersection with the outer limit of the AFZ

3

Generally north-easterly along that outer limit to the point of intersection

with the parallel of latitude 34° 00’ south

4

West along that parallel to the intersection with the coastline of New South

Wales

5

Generally southerly along that coastline to the landward boundary between

New South Wales and Victoria

6

Generally westerly along that coastline to the point of commencement

 

SCHEDULE 7- MANAGEMENT ZONES

 

Management Zone Seven

The area of management zone seven is the part of the AFZ bounded by a notional line

beginning at the intersection of the parallel of latitude 34° 00’ south and the coastline of

New South Wales and running progressively as described in the following table

(excluding any coastal waters):

 

Item

Description

1

East along that parallel to the intersection with the outer limit of the AFZ

2

Generally northerly to the point of intersection with the parallel of latitude

24° 29’ 54” south

3

West along that parallel to the point of intersection with the meridian of

longitude 154° 40’ 04” east

4

South along that meridian to the point of intersection with the parallel of

latitude 28° 10’ south

5

West along that parallel to the intersection with the of the landward

boundary between Queensland and New South Wales

6

Generally south along the coastline of New South Wales to the point of

commencement