FISHERIES MANAGEMENT ACT 1991

SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY MANAGEMENT PLAN 2003

SESSF DIRECTION No. 01

PERMANENT CLOSURES

I, Richard John McLoughlin, Managing Director of the Australian Fisheries Management Authority, 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 4th Day of May 2005

 

 

Richard McLoughlin

 

Managing Director,

Australian Fisheries Management Authority

 

1. This Direction may be cited as SESSF Direction No. 01.

2. This Direction commences on the day after it is registered.

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.

4.      This Direction applies for a period beginning on the date this Direction commences and ending on 31 December 2006.

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;

"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).

5.2 A term used in this Direction that is defined for the purposes of 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 determination.

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 The origin of geographical coordinates used in this Direction is the Geocentric Datum of Australia, as defined in Gazette No. GN 35, 6 September 1995.

6. A person in:

(a)   an area described in Schedule 1 is prohibited from fishing using a gillnet boat statutory fishing right or a fishing permit for South Australian Coastal Waters Sector that permits gillnetting.

(b)   an area described in Schedule 2 is prohibited from fishing using a scalefish hook boat statutory fishing right.

(c)   an area described in Schedule 3 is prohibited from fishing using a fishing permit for Victorian Coastal Waters Sector.

(d)     an area described in Schedule 4 is prohibited from fishing using a gillnet statutory fishing right at a depth of more than 200 metres from the surface of the sea.

(e)     An area described in Schedule 5 is prohibited from fishing using a trawl boat statutory fishing right.

(f)      An area described in Schedule 6, 7 and 8 is prohibited from fishing using a fishing permit for South Australian Coastal Waters Sector.

(g)     An area described in Schedule 9 is prohibited from fishing using a fishing permit for East Coast Deepwater Trawl Sector.

7.      The prohibitions in section 6 do not apply to a person if the person is fishing in accordance with another plan of management in force under the Act, or a law of a State or Territory that is in force in relation to the Southern and Eastern Scalefish and Shark Fishery area.


SCHEDULE 1

 

The area bounded by the line:

 

(a)   commencing at Point Brown with the intersection of the Parallel of Latitude 32 degrees 32 minutes 35 seconds South and the Meridian of Longitude 133 degrees 50 minutes 50 seconds East;

(b)   then north-westerly to the southern most point of the Franklin Island group at the intersection of the Parallel of Latitude 32 degrees 28 minutes 20 seconds South and Meridian of Longitude 133 degrees 37 minutes 50 seconds East;

(c)   then north-westerly to Point Bell at the intersection of the Parallel of Latitude 32 degrees 12 minutes 31 seconds South and Meridian of Longitude 133 degrees 07 minutes 36 seconds East;

(d)   then generally easterly and southerly along the shore at low water mark to the point of commencement.

 

SCHEDULE 2

 

The area bounded by a line:

 

(a)   drawn at a 15 nautical mile radius from the point of intersection of parallel of Latitude 43 degrees 55 minutes 12 seconds South and the meridian of Longitude 150 degrees 28 minutes 06 seconds East.

 

SCHEDULE 3

Victorian Marine Park Closures

 

The areas as described in Schedule 7 Part 2 of the National Parks Act 1975 of Victoria:

 

(a)     Cape Howe Marine National Park;

(b)     Discovery Bay Marine National Park; and

(c)     Twelve Apostles Marine National Park.

 

SCHEDULE 4

  The area bounded by the line:

a)      beginning at the intersection of the parallel of latitude 41 South with the outer limit of the Australian Fishing Zone;

b)     then running from there generally south and west along that outer limit to its first intersection south of Australia with the meridian of longitude 140 east;

c)      from there north along that meridian to its intersection with the latitude 41 South; and

d)     then running east to the point of commencement.

SCHEDULE 5

The area bounded by the line:

(a) Commencing at the intersection of the parallel of latitude 41 degrees 5 minutes South and the meridian of longitude 148 degrees 39 minutes East; and

(b)  Then east along that parallel to its intersection with the meridian of longitude 148 degrees 52 minutes 30 seconds East;

(c)  Then south along that meridian to its intersection with the parallel of latitude 41 degrees 21 minutes South;

(d)  Then west along that parallel to its intersection with the meridian of longitude 148 degrees 39 minutes east;

(e)  Then north along the meridian to the point of commencement.

 

SCHEDULE 6

The area bounded by a line:

(a)   commencing at the intersection of the southern shore of Kangaroo Island at low water mark with the meridian of longitude 137°16.984’E.

(b)   then running south along that meridian to its intersection with the parallel of latitude 36°0.014’S;

(c)   then easterly to the point 36°00.414’S and 137°19.484’E;

(d)   then easterly and southerly 1 nautical miles off the coast to the point 36°01.414’S and 137°23.084’E;

(e)   then northerly along that meridian of longitude until it intercepts with the coast;

(f)    then westerly and northerly along the coast until the point of commencement.

SCHEDULE 7

The area within 1 nautical mile around:

(a)     North Pages Island located at the intersection of the parallel of latitude 35 degrees 45.54 second South with the meridian of longitude 138 degrees 18.08 seconds East; and

(b)     South Pages Island located at the intersection of the parallel of latitude 35 degrees 46.67 seconds South with the meridian of Longitude 138 degrees 17.49 East.

SCHEDULE 8

 

The area bounded by a line:

(a)     commencing at the intersection of the southern shore of the mainland of Australia at low water with the meridian of Longitude 129º East;

(b)     then running south along that meridian to its intersection with the parallel of Latitude 31º44’16.1" South;

(c)     then easterly to the point 31º 44' 16.1'' S - 129º 05' 52.1'' East;

(a)(d)then northerly to the intersection with the point 31º 42' 13.1'' South - 129º 05' 52.1'' East then easterly, north easterly, south easterly within 2nm adjacent to the coast until the intersection with the point 31º 59' 32.8'' - 132º 42' 53.3'' and then northerly to the intersection with the mainland at the point 31º 57' 32.8'' - 132º 42' 53.3'' in the vicinity of Eyre Bluff.

(e)     then running west along the coast to the point of commencement.

SCHEDULE 9

The area bounded by the line:

 

(a)     beginning at the point of latitude 24° 29 54 south and longitude 155° 30 east and running progressively:

(b)     south along the meridian of longitude 155° 30 east to its intersection with the parallel of latitude 27° south;

(c)     south-easterly along the geodesic to the point of latitude 30° south and longitude 157° east;

(d)     south along the meridian of longitude 157° east to its intersection with the parallel of latitude 33° 34 54 south;

(e)     west along that parallel to its intersection with longitude 153° 1658

(f)      generally north-easterly along the geodesic to 29° 5954 S and 154° 40 04 E;

(g)     north along that parallel to latitude 24° 29’ 54 south;

(h)     east along that parallel to the point where the line began.