Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2009 Prohibition on Fishing (Cth)

FISHERIES MANAGEMENT ACT 1991

BASS STRAIT CENTRAL ZONE SCALLOP FISHERY MANAGEMENT PLAN 2002

BASS STRAIT CENTRAL ZONE SCALLOP FISHERY (Closures) DIRECTION No. 1 2009

PROHIBITION ON FISHING

I, Paul Murphy, Acting Chief Executive Officer of the Australian Fisheries Management Authority, as delegate, make the following Direction under section 17(5A) of the Fisheries Management Act 1991 and section 23(1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002.

Dated  16        April 2009

Signed – Paul Murphy

Acting Chief Executive Officer,

Australian Fisheries Management Authority

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Citation

1. This Direction may be cited as BSCZSF (Closures) Direction No. 1 2009.

Commencement

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

Application

1. This Direction applies to a holder of statutory fishing rights in the Bass Strait Central Zone Scallop Fishery and to a person acting on behalf of the holder.

Period of Application

1. This Direction applies for a period beginning on the date this Direction commences and ending when it is revoked.

Definitions

1. In this direction:

“boat” means a boat that is nominated to statutory fishing rights for the Bass Strait Central Zone Scallop Fishery.

Unless otherwise stated, a term used in this Direction and in the Bass Strait Central Zone Scallop Fishery Management Plan 2002 has the same meaning in this Direction as in the Bass Strait Central Zone Scallop Fishery Management Plan 2002.

Unless otherwise stated, a term used in this Direction and in the Fisheries Management Act 1991 has the same meaning in this Direction as in the Fisheries Management Act 1991.

All geographic coordinates contained within the schedules attached to this document are in terms of the Geocentric Datum of Australia 1994 (GDA94).

Unless otherwise stated, the lines between coordinates are geodesics.

Prohibition on fishing

1. Fishing is prohibited in the area of the Bass Strait Central Zone Scallop Fishery.

Exemption from prohibition

1. The prohibition in clause 6 does not apply to the area of waters contained within and bounded by a line:

(a)commencing at the point of intersection of the parallel of latitude 39°26'30" South and the meridian of longitude 148°25'00" East;

(b)and proceeding east along that parallel of latitude to its intersection with the meridian of longitude 148°35'00" East;

(c)then south along the meridian of longitude to its intersection with the parallel of latitude 39°35'00" South;

(d)then west along that parallel of latitude to its intersection with the meridian of longitude 148°25'00" East;

(e)then north along the parallel of latitude to the point of commencement.

1. The prohibition in clause 6 does not apply to navigation in the area of the Bass Strait Central Zone Scallop Fishery except for the areas defined in clause 9 and 10.

Eastern Protected Zone

1. Navigation is prohibited in the area of waters contained within and bounded by a line:

(a)commencing at the point of intersection of the parallel of latitude 39°10'00" South and the meridian of longitude 147°55'00" East;

(b)and proceeding east along that parallel of latitude to its intersection with the meridian of longitude 148°10'00" East;

(c)then south along the meridian of longitude to its intersection with the parallel of latitude 39°20'00" South;

(d)then west along that parallel of latitude to its intersection with the meridian of longitude 147°55'00" East;

(e)then north along the parallel of latitude to the point of commencement.

Western Protected Zone

10.  Navigation is prohibited in the area of waters contained within and bounded by a line:

(a)commencing at the point of intersection of the parallel of latitude 39°10'00" South and the meridian of longitude 148°20'00" East;

(b)and proceeding east along that parallel of latitude to its intersection with the meridian of longitude 148°32'30" East;

(c)then south along the meridian of longitude to its intersection with the parallel of latitude 39°26'30" South;

(d)then west along that parallel of latitude to its intersection with the meridian of longitude 148°20'00" East;

(e)then north along the parallel of latitude to the point of commencement.

11.  Prohibition of navigation in the areas defined in clause 9 and 10 does not apply if:

(a)AFMA has given approval for the boat to be navigated in the area because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and,

(b)the boat has navigated in the area in accordance with any instructions given by AFMA.