Direction No. HIMIFD 11 Closure of Waters Adjacent to Heard Island and McDonald Islands (Cth)

FISHERIES MANAGEMENT ACT 1991

HEARD ISLAND AND McDONALD ISLANDS FISHERY MANAGEMENT PLAN 2002

DIRECTION No. HIMIFD 11

CLOSURE OF WATERS ADJACENT TO HEARD ISLAND AND McDONALD ISLANDS

I, Glenn Hurry, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate, make the following Direction under subsection 17(5A) of the Fisheries Management Act 1991 and subsection 31(1) of the Heard Island and McDonald Islands Fishery Management Plan 2002.

Dated      1    April 2009

Signed – Glenn Hurry

Chief Executive Officer

Australian Fisheries Management Authority

Citation

1.    This Direction may be cited as Direction No. HIMIFD 11.

Commencement

2.    This Direction commences at the start of 22 April 2009.

Application

3.    This Direction applies to a holder of statutory fishing rights in the fishery and to a person acting on behalf of the holder.

Period of Application

4.    This Direction applies for a period of five years from the date of commencement.

Interpretation

5.1     In this Direction:

“fishery” means the Heard Island and McDonald Islands Fishery as defined in the Plan.

“Plan” means the Heard Island and McDonald Islands Fishery Management Plan 2002.

5.2  Where a term used in this Direction is not defined, it has the meaning given to it in the Plan, or, if it is not defined in the Plan, in the Fisheries Management Act 1991.

5.3  The origin of geographical coordinates used in this Direction is the World Geodetic Datum System 1972 (WGS72).

Prohibition on fishing

6.    No fishing is to be engaged in in that part of the fishery on the landward side of the line one mile to seaward of the outer edge of the territorial sea of the Territory of Heard Island and McDonald Islands.

Note: The territorial sea of the Territory of Heard Island and McDonald Islands means the waters surrounding those Islands that extends to 12 nautical miles from the Territory of the Islands.

Exemption to the Prohibition on fishing in clause 6

7.    An exemption to the prohibition on fishing in clause 6 above applies to a person who fishes under a scientific permit in accordance with section 15 of the Plan.

Revocation of Direction No. HIMIFD 6

8.    Direction No. HIMIFD 6, made on 1 April 2004, is revoked.