Fisheries Management Amendment Regulations 1999 (No. 1) (Cth)

Fisheries Management Amendment Regulations 1999 (No. 1)

Statutory Rules 1999No. 22

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Fisheries Management Act 1991.

Dated 23 February 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

MARK VAILE

Minister for Agriculture, Fisheries and Forestry

Fisheries Management Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999

No. 222

made under the

Fisheries Management Act 1991

   

Contents

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1Name of regulations

 These regulations are the Fisheries Management Amendment Regulations 1999 (No. 1).

2Commencement

 These regulations commence on gazettal.

3Amendment of Fisheries Management Regulations

 Schedule 1 amends the Fisheries Management Regulations.

Schedule 1Amendments

(regulation 3)

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[1]Regulation 1

substitute

1Name of regulations

 These regulations are the Fisheries Management Regulations 1992.

[2]Subregulation 3 (1), definition of relevant offence, paragraph (b)

omit

 Part 9 of these Regulations;

insert

 Part 9 or 11.

[3]Subregulation 4AA (1)

omit

 subregulation (4)

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 subregulation (3)

[4]Regulation 8A

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[5]After regulation 46

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Part 11By-catch restrictions

Division 1Preliminary

47Definitions

 In this Part:

crustacean means any species of the phylum Crustacea.

finfish means fish of the class Osteichthyes.

molluscmeans any invertebrate of the phylum Mollusca.

northern waters means the area described in Part 1 of Schedule 5.

South Australianwaters means the area described in Division 2 of Part 1 of Schedule 6.

Southern waters means Victorian waters, South Australian waters and Tasmanian waters.

Tasmanian waters means the area described in Division 3 of Part 1 of Schedule 6.

trip means a voyage by boat that:

• (a)

  begins at a place on, or within, the coastline of Australia; and

• (b)

  continues to and from, or through, northern, Victorian, South Australian or Tasmanian waters; and

• (c)

  ends (whether or not the boat calls at a place outside Australia) at a place on, or within, the coastline of Australia.

tuna means fish:

• (a)

  of the family Scombridae (commonly known as tuna and tuna-like fish), except fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); and

• (b)

  of the families Istiophoridae and Xiphiidae (commonly known as billfish); and

• (c)

  of the family Bramidae (commonly known as pomfrets or rays bream).

Victorian waters means the area described in Division 1 of Part 1 of Schedule 6.

48Interpretation

• (1)

  For this Part, fish on a boat at the end of a trip are taken to have been taken during the trip.

• (2)

  For this Part, a king crab is taken to be a giant crab.

• (3)

  For this Part, the weight of a fish is taken to be the weight of the whole fish before it is processed.

• (4)

  In this regulation:

processed does not include frozen.

Division 2By-catch limits for Northern waters

49Application of Division

 This Division applies to the holder of a fishing concession that authorises the use of a boat for taking tuna in northern waters.

50By-catch limits

• (1)

  On a trip, the holder must not take fish of a species mentioned in Part 2 of Schedule 5 from northern waters unless:

  • (a)

    the fish are taken as by-catch; and

  • (b)

    the holder does not take more than:

    • (i)

      2 fish of a species mentioned in Division 1 of that Part; and

    • (ii)

      10 fish of a species mentioned in Division 2 of the Part; and

    • (iii)

      20 fish of a species mentioned in Division 3 of the Part.

      Penalty:   10 penalty units.

• (2)

  However, the limitation in subparagraph (1) (b) (i) does not apply to black kingfish (Rachycentron canadus) that are taken as by-catch from northern waters west of the meridian of longitude 129° east.

  Division 3By-catch limits for Victorian waters

51Application of Division

 This Division applies to the holder of a fishing concession that authorises the use of a boat for fishing in Victorian waters.

52Crustaceans

• (1)

  On a trip, the holder must not take crustaceans from Victorian waters unless:

  • (a)

    the crustaceans are taken as by-catch; and

  • (b)

    the holder does not take more than 50 kilograms of crustaceans.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take from the waters any:

  • (a)

    rock lobsters (family Palinuridae); or

  • (b)

    school prawns (Metapenaeus macleayi); or

  • (c)

    eastern king prawns (Penaeus plebejus).

    Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take from the waters more than:

  • (a)

    5 giant crabs; or

  • (b)

    10 kilograms of bay bugs (family Scyllaridae).

    Penalty:   10 penalty units.

53Molluscs

• (1)

  On a trip, the holder must not take molluscs from the waters unless:

  • (a)

    the molluscs are taken as by-catch; and

  • (b)

    the holder does not take more than 50 kilograms of molluscs.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take any abalone (family Haliotidae) from the waters.

  Penalty:   10 penalty units.

54 Finfish

• (1)

  On a trip, the holder must not take finfish from the waters unless:

  • (a)

    the finfish are taken as by-catch; and

  • (b)

    the holder does not take more than 200 kilograms of finfish.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take any finfish of a species mentioned in Division 2 of Part 3 of Schedule 6 from the waters.

  Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take from the waters more than:

  • (a)

    10 yellowtail kingfish (Seriola lalandi); or

  • (b)

    20 kilograms of striped trumpeter (Latris lineata); or

  • (c)

    50 kilograms of snapper (Pagrus auratus).

    Penalty:   10 penalty units.

    Division 4By-catch limits for South Australian waters

55Application of Division

 This Division applies to the holder of a fishing concession that authorises the use of a boat for fishing in South Australian waters.

56Crustaceans

• (1)

  On a trip, the holder must not take crustaceans from South Australian waters unless:

  • (a)

    the crustaceans are taken as by-catch; and

  • (b)

    the holder does not take more than 50 kilograms of crustaceans.

    Penalty:   10 penalty units.

• (2)

  However, the holder of the concession must not take from the waters any:

  • (a)

    rock lobsters (family Palinuridae); or

  • (b)

    king crabs (Pseudocarcinus gigas).

    Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take any prawns, except prawns of a species mentioned in Part 2 of Schedule 6, from the waters.

  Penalty:   10 penalty units.

57Molluscs

• (1)

  On a trip, the holder must not take molluscs from the waters unless:

  • (a)

    the molluscs are taken as by-catch; and

  • (b)

    the holder does not take more than 500 kilograms of molluscs.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take from the waters any:

  • (a)

    abalone (family Haliotidae); or

  • (b)

    scallops (family Pectinidae).

    Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take more than 50 kilograms of specimen shells or shellfish (class Gastropoda) from the waters.

  Penalty:   10 penalty units.

58 Finfish

• (1)

  On a trip, the holder must not take finfish from the waters unless:

  • (a)

    the finfish are taken as by-catch; and

  • (b)

    the holder does not take more than 200 kilograms of finfish.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take any finfish of a species mentioned in Division 1 of Part 3 of Schedule 6 from the waters.

  Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take from the waters more than:

  • (a)

    10 yellowtail kingfish (Seriola lalandi); or

  • (b)

    20 kilograms of finfish of a species mentioned in Division 3 of Part 3 of Schedule 6; or

  • (c)

    50 kilograms of finfish of a species mentioned in Division 4 of Part 3 of Schedule 6.

    Penalty:   10 penalty units.

    Division 5By-catch limits for Tasmanian waters

59Application of Division

 This Division applies to the holder of a fishing concession that authorises the use of a boat for fishing in Tasmanian waters.

60Crustaceans

• (1)

  On a trip, the holder must not take crustaceans from Tasmanian waters unless:

  • (a)

    the crustaceans are taken as by-catch; and

  • (b)

    the holder does not take more than 50 kilograms of crustaceans.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take from the waters any:

  • (a)

    rock lobsters (family Palinuridae); or

  • (b)

    prawns, except prawns of a species mentioned in Part 2 of Schedule 6.

    Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take more than 5 giant crabs from the waters.

  Penalty:   10 penalty units.

61Molluscs

• (1)

  On a trip, the holder must not take molluscs from the waters unless:

  • (a)

    the molluscs are taken as by-catch; and

  • (b)

    the holder does not take more than 500 kilograms of molluscs.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take from the waters any:

  • (a)

    abalone (family Haliotidae); or

  • (b)

    limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea and Siphonariacea).

    Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take more than 50 kilograms of specimen shells and shellfish (class Gastropoda) from the waters.

  Penalty:   10 penalty units.

62 Finfish

• (1)

  On a trip, the holder must not take finfish from the waters unless:

  • (a)

    the finfish are taken as by-catch; and

  • (b)

    the holder does not take more than 200 kilograms of finfish.

    Penalty:   10 penalty units.

• (2)

  However, the holder must not take any finfish of a species mentioned in Division 1 of Part 3 of Schedule 6 from the waters.

  Penalty:   10 penalty units.

• (3)

  Also, on a trip, the holder must not take from the waters more than:

  • (a)

    10 yellowtail kingfish (Seriola lalandi); or

  • (b)

    20 kilograms of finfish of a species mentioned in Division 3 of Part 3 of Schedule 6; or

  • (c)

    50 kilograms of finfish of a species mentioned in Division 4 of Part 3 of Schedule 6.

    Penalty:   10 penalty units.

63Other species

 The holder must not take any fish of a species mentioned in Part 4 of Schedule 6 from the waters.

Penalty:   10 penalty units.

[6]Schedules 3A, 3B and 3C

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[7]After Schedule 4

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Schedule 5By-catch — northern waters

 (regulations 47 and 50)

Part 1Northern waters

 That part of the AFZ that is within the area bounded by a notional line:

• (a)

  beginning at the point of intersection of the southern coastline of Australia and the meridian of longitude 129° east; and

• (b)

  running progressively:

  • •

    south along that meridian to the outer limit of the AFZ; and

  • •

    generally westerly, northerly, easterly and southerly along that outer limit to its second intersection with the parallel of latitude 28° 10' south; and

  • •

    west along that parallel to its intersection with the eastern coastline of Australia at the border of Queensland and New South Wales; and

  • •

    generally northerly, westerly, southerly and easterly along that coastline to the point where the line began.

  Part 2Various species

  Division 1

Common name	Scientific name
Amberjack	Seriola dumerili
Black kingfish	Rachycentron canadus
Yellowtail kingfish	Seriola lalandi

Division 2

Common name	Scientific name
Australian bonito	Sardi australis
Australian spotted mackerel	Scomberomorus munroi
Bar cod	Polyprion moeone
Blue eye trevalla	Hyperoglyphe antarctica
Cod	Family Serranidae
Dog toothed tuna	Gymnosarda unicolor
Dolphinfish	Coryphaena hippurus
Emperor	Families Lethrinidae and Lutjanidae
Frigate mackerel	Auxis thazard
Grouper	Family Serranidae
Hapuka	Polyprion oxygeneios
Leaping bonito	Cybiosarda elegans
Mackerel tuna	Euthynnus affinis
Oriental bonito	Sarda orientalis
Rainbow runner	Elagatis bipinnulata
Rake gilled mackerel	Rastrelliger kanagurta
Shark mackerel	Grammatorcynus bicarinatus
Snapper	Pagrus auratus
Spanish mackerel	Scomberomorus commerson
Trevally	Family Carangidae (except genus Seriola)
Tropical snapper	Families Lethrinidae and Lutjanidae
Tuskfish	Family Labridae
Wrasse	Family Labridae

Division 3

Common name	Scientific name
Butterfly mackerel	Gasterochisma melampus
Shark	Subclass Elasmobranchii and Family Serranidae
Slender tuna	Allothunnus fallai
Wahoo	Acanthocybium solandri

schedule 6By-catch — southern waters

 (regulations 54, 56, 58, 60, 62 and 63)

Part 1Areas of application

Division 1Victorian waters

• (1)

  The area of water bounded by a notional line:

  • (a)

    beginning at the intersection of the coastline at mean low water mark with the border between New South Wales and Victoria; and

  • (b)

    running progressively:

    • •

      south easterly along the geodesic towards a point of latitude 37° 35' south, longitude 150° 10' east to its intersection with a line parallel to, and 3 nautical miles distant from, the coastline at mean low water mark; and

    • •

      along that line to its intersection with the geodesic which is a continuation of the landward border between New South Wales and Victoria; and

    • •

      south easterly along the geodesic to its intersection with the outer limit of the AFZ; and

    • •

      generally southerly along that outer limit to its intersection with the parallel of latitude 39° 12' south; and

    • •

      westerly along the parallel to its intersection with the meridian of longitude 143° 40' east; and

    • •

      southerly along the meridian to the parallel of latitude 40° 00' south; and

    • •

      westerly along the parallel to its intersection with the meridian of longitude 140° 57.9' east; and

    • •

      northerly along that meridian to its intersection with the coastline at mean low water mark; and

    • •

      along the coastline of Victoria at mean low water mark to the point where the line began;

 but excluding:

• •

  the area known as Wilson’s Promontory Marine Reserve as set out in Part 1 of Schedule 4 of the National Parks Act; and

• •

  the area known as Wilson’s Promontory Marine Park as set out in Part 2 of Schedule 4 of that Act; and

• •

  the area known as Bunurong Marine Park as set out in Part 7 of Schedule 4 of that Act; and

• •

  the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as proclaimed in the Harold Holt Marine Reserves Proclamation 1979; and

• •

  the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as proclaimed in that Proclamation.

• (2)

  In this Division:

National Parks Act means the National Parks Act 1975 of Victoria as in force on the commencement of these regulations.

Note  The Harold Holt Marine Reserves Proclamation 1979 was published in the Victoria Government Gazette No 11, dated 7 February 1979.

Division 2South Australian waters

 The area of water bounded by a notional line:

• (a)

  beginning at a point on the meridian of longitude 140° 57.9' east that is the intersection of the coastline at mean low water mark with the border between South Australia and Victoria; and

• (b)

  running progressively:

  • •

    south along the meridian to its intersection with the outer limit of the AFZ; and

  • •

    west along that outer limit to its intersection with the meridian of longitude 129° east; and

  • •

    north along the meridian to its intersection with the parallel of latitude 31° 45' south; and

  • •

    north along the geodesic to the intersection of the coastline at mean low water mark with the border between South Australia and Western Australia; and

  • •

    along the coastline of South Australia at mean low water mark to the point where the line began.

  Division 3Tasmanian waters

 The area of waters bounded by a notional line:

• (a)

  beginning at the point of latitude 40° south, longitude 140° 57.9' east; and

• (b)

  running progressively:

  • •

    south along the meridian of longitude 140° 57.9' east to its intersection with the outer limit of the AFZ; and

  • •

    generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 39° 12' south; and

  • •

    west along that parallel to its intersection with the meridian of longitude 143° 40' east; and

  • •

    south along that meridian to its intersection with the parallel of latitude 40° south; and

  • •

    west along that parallel to the point where the line began.

  Part 2Prawns

Common name	Scientific name
Deepwater prawn	Haliporoides cristatus
Prawn	Genus Aristeus
Red prawn	Aristeomorpha foliacea
Royal red prawn	Haliporoides sibogae
Scarlet prawn	Plesiopenaeus edwardsianus

Part 3Finfish

Division 1

Common name	Scientific name
Australian anchovy	Engraulis australis
Australian salmon/Tommy ruff	Genus Arripis
Banded morwong	Nemodactylus spectabilis
Black bream	Acanthopagrus butcheri
Blue sprat	Spratelloides robustus
Dusky morwong	Dactylophora nigricans
Garfish	Hyporhamphus melanochir
Grassy (rock) flathead	Platycephalus laevigatus
King gar	Scomberesox forsteri
King George whiting	Sillaginodes punctata
Luderick	Girrella tricuspidata
Magpie morwong	Cheilodactylus nigripes
Mulloway	Argyrosomus hololepidotus
Pilchard	Sardinops neopilchardus
Red mullet	Upeneichthys vlamingii
Sea sweep	Scorpis aequipinnis
Snook	Sphyraena novaehollandiae
Sprat	Clupea bassensis
Wrasse	Family Labridae
Yellow eye mullet	Aldrichetta forsteri
Yellow-finned whiting	Sillago schomburgkii

Division 2

Common name	Scientific name
Australian anchovy	Engraulis australis
Australian salmon	Genus Arripis
Blue sprat	Spratelloides robustus
King George whiting	Sillaginodes punctata
Pilchard	Sardinops neopilchardus
Sprat	Clupea bassensis
Wrasse	Family Labridae

Division 3

Common name	Scientific name
Bastard trumpeter	Latridopsis forsteri
Striped trumpeter	Latris lineata

Division 4

Common name	Scientific name
Blue groper	Achoerodus gouldii
Snapper	Pagrus auratus

Part 4Other species

Common name	Scientific name
Handfish	Family Brachionichthyidae
Great White Shark	Carcharodon carcharias
Seahorses and Pipefish	Family Sygnathidae
Three-finned blennies	Family Tripterygiidae

Notes

1. These regulations amend Statutory Rules 1992 No. 20, as amended by 1992 No. 455; 1993 Nos. 74, 118 and 296; 1994 Nos. 77, 125 and 419; 1995 Nos. 285 and 360; 1996 Nos. 67 and 317; 1997 Nos. 19, 95, 186, 278 and 410; 1998 No. 24.

2. Made by the Governor-General on 23 February 1999, and notified in the Commonwealth of Australia Gazette