Fisheries Management Amendment Regulations 2000 (No. 6) (Cth)

Fisheries Management Amendment Regulations 2000 (No. 6)1

Statutory Rules 2000 No. 3392

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 13 December 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

warren truss

Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

 These Regulations are the Fisheries Management Amendment Regulations 2000 (No. 6).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Fisheries Management Regulations 1992

Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Part 11

substitute

Part 11Catch restrictions

Division 1Introductory

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.

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

trawling includes board trawling, midwater or pelagic trawling and Danish seining.

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 2Catch limits when fishing for tuna in northern waters

49Application of Division

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

50What this Division does

 This Division sets out the catch limits that apply as conditions of the permit.

51Catch limits

• (1)

  On a trip, the holder may take fish of a species mentioned in Part 2 of Schedule 5 from the waters only in accordance with subregulation (2).

• (2)

  The holder must not take from the waters more than:

  • (a)

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

  • (b)

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

  • (c)

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

• (3)

  However, the limit mentioned in paragraph (2) (a) does not apply to black kingfish (Rachycentron canadus) that are taken from northern waters west of the meridian of longitude 129° east.

  Division 3Catch limits for Victorian waters

52Application of Division

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

53What this Division does

 This Division sets out the catch limits that apply as conditions of the permit.

54Crustaceans

• (1)

  On a trip, the holder may take crustaceans, except crustaceans of a species mentioned in Part 2 of Schedule 6, from the waters only in accordance with subregulations (2), (3) and (4).

Note   The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

• (2)

  The holder must not take more than 50 kilograms of crustaceans, except crustaceans of a species mentioned in that Part, from the waters.

• (3)

  The holder must not take from the waters any:

  • (a)

    school prawns (Metapenaeus macleayi); or

  • (b)

    eastern king prawns (Penaeus plebejus).

• (4)

  The holder must not take from the waters more than:

  • (a)

    5 giant crabs (Pseudocarcinus gigas); or

  • (b)

    10 kilograms of bay bugs (family Scyllaridae).

55Molluscs

• (1)

  On a trip, the holder may take molluscs, except molluscs of a species mentioned in Part 3 of Schedule 6, from the waters only in accordance with subregulation (2).

Note   The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

• (2)

  The holder must not take more than 50 kilograms of molluscs, except molluscs of a species mentioned in that Part, from the waters.

56 Finfish

• (1)

  On a trip, subregulation (2) applies to the holder only if the holder uses a fishing method other than trawling.

• (2)

  On the trip, the holder may take finfish of a species mentioned in Division 1 of Part 4 of Schedule 6 from the waters only in accordance with subregulations (3), (4) and (5).

• (3)

  The holder must not take more than 200 kilograms of finfish of 1 or more species mentioned in that Division from the waters.

• (4)

  The holder must not take any finfish of a species mentioned in Subdivision 1 of that Division from the waters.

• (5)

  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).

    Division 4Catch limits for South Australian waters

57Application of Division

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

58What this Division does

 This Division sets out the catch limits that apply as conditions of the permit.

59Crustaceans

• (1)

  On a trip, the holder may take crustaceans, except crustaceans of a species mentioned in Part 2 of Schedule 6, from the waters only in accordance with subregulations (2), (3), (4) and (5).

Note   The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

• (2)

  The holder must not take from the waters more than 50 kilograms of crustaceans, except:

  • (a)

    crustaceans of a species mentioned in that Part; or

  • (b)

    bay bugs (family Scyllaridae).

• (3)

  The holder must not take more than 5 king crabs (Pseudocarcinus gigas) from the waters.

• (4)

  The holder must not take any prawns, except prawns of a species mentioned in Division 1 of Part 2 of Schedule 6, from the waters.

• (5)

  The holder must not take more than 200 kilograms of bay bugs (family Scyllaridae) from the waters.

60Molluscs

• (1)

  On a trip, the holder may take molluscs, except molluscs of a species mentioned in Part 3 of Schedule 6, from the waters only in accordance with subregulations (2) and (3).

Note   The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

• (2)

  The holder must not take more than 500 kilograms of molluscs, except molluscs of a species mentioned in that Part, from the waters.

• (3)

  The holder must not take more than 50 kilograms of specimen shells or shellfish (class Gastropoda) from the waters.

61 Finfish

• (1)

  On a trip, the holder may take finfish of a species mentioned in Division 2 of Part 4 of Schedule 6 from the waters only in accordance with subregulations (2), (3), (4) and (5).

• (2)

  The holder must not take more than 200 kilograms of finfish of 1 or more species mentioned in that Division from the waters by trawling.

• (3)

  The holder must not take more than 200 kilograms of finfish of 1 or more species mentioned in Subdivision 1, 2, 3 or 4 of that Division from the waters by a method other than trawling.

• (4)

  The holder must not take any finfish of a species mentioned in Subdivision 1 of that Division from the waters.

• (5)

  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 Subdivision 2 of that Division; or

  • (c)

    50 kilograms of finfish of a species mentioned in Subdivision 3 of that Division; or

  • (d)

    100 kilograms of mulloway (Argyrosomus hololepidotus).

    Division 5Catch limits for Tasmanian waters

62Application of Division

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

63What this Division does

 This Division sets out the catch limits that apply as conditions of the permit.

64Crustaceans

• (1)

  On a trip, the holder may take crustaceans, except crustaceans of a species mentioned in Part 2 of Schedule 6, from the waters only in accordance with subregulations (2), (3) and (4).

Note   The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

• (2)

  The holder must not take more than 50 kilograms of crustaceans, except crustaceans of a species mentioned in that Part, from the waters.

• (3)

  The holder must not take any prawns, except prawns of a species mentioned in Division 1 of that Part, from the waters.

• (4)

  The holder must not take more than 5 giant crabs (Pseudocarcinus gigas) from the waters.

65Molluscs

• (1)

  On a trip, the holder may take molluscs, except molluscs of a species mentioned in Part 3 of Schedule 6, from the waters only in accordance with subregulations (2), (3) and (4).

Note   The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.

• (2)

  The holder must not take more than 500 kilograms of molluscs, except molluscs of a species mentioned in that Part, from the waters.

• (3)

  The holder must not take any limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea and Siphonariacea) from the waters.

• (4)

  The holder must not take more than 50 kilograms of specimen shells and shellfish (class Gastropoda) from the waters.

66 Finfish

• (1)

  On a trip, the holder may take finfish of a species mentioned in Division 3 of Part 4 of Schedule 6 from the waters only in accordance with subregulations (2) and (3).

• (2)

  The holder must not take any finfish of a species mentioned in Subdivision 1 of that Division from the waters.

• (3)

  The holder must not take from the waters more than:

  • (a)

    20 kilograms of finfish of a species mentioned in Subdivision 2 of that Division; or

  • (b)

    50 kilograms of finfish of a species mentioned in Subdivision 3 of that Division; or

  • (c)

    250 kilograms of finfish of 1 or more species mentioned in Subdivision 4 of that Division.

67Other species

 The holder must not take any fish of a species mentioned in Part 5 of Schedule 6 from the coastal waters of Tasmania.

Note See section 5 of the Act about the meaning of coastal waters.

[2]Schedule 5

substitute

Schedule 5Catch limits — northern waters

(regulations 47 and 51)

Part 1Northern waters

 That part of the AFZ that is within the area bounded by a notional line beginning at the point of intersection of the southern coastline of Australia and the meridian of longitude 129° east and running progressively:

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

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

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

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

Part 2Restricted species for northern waters

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
Hapuku	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

[3]Schedule 6

substitute

Schedule 6Catch limits — Victorian, South Australian and Tasmanian waters

(regulations 47, 56, 59, 61, 64, 66 and 67)

Part 1Areas of application

Division 1Victorian waters

 The area of water bounded by a notional line beginning at the intersection of the coastline at mean low water mark with the border between New South Wales and Victoria and 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;

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

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

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

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

 · southerly along the meridian to the parallel of latitude 40° 00¢ south;

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

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

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

but excluding:

• (a)

  the area described in Part 1 (Wilsons Promontory Marine Reserve) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and

• (b)

  the area described in Part 2 (Wilsons Promontory Marine Park) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and

• (c)

  the area described in Part 7 (Bunurong Marine Park) of Schedule 4 to the National Parks Act 1975 of Victoria as in force on 1 November 1997; and

• (d)

  the area described in Schedule 2 (Point Lonsdale) to the Harold Holt Marine Reserves Proclamation 1979 of Victoria, published in the Government Gazette of Victoria, No. 11 on 7 February 1979; and

• (e)

  the area described in Schedule 3 (Point Nepean) to the Harold Holt Marine Reserves Proclamation 1979 of Victoria, published in the Government Gazette of Victoria, No. 11 on 7 February 1979.

  Division 2South Australian waters

 The area of water bounded by a notional line 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 running progressively:

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

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

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

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

 · 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 beginning at the point of latitude 40° south, longitude 140° 57.9¢ east and running progressively:

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

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

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

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

 · west along that parallel to the point where the line began;

but excluding:

• (a)

  the area known as South West National Park, being all waters to the north and east of a notional line extending from Hilliard Head to Point Vincent; and

• (b)

  the area known as Nine Pin Point Marine Nature Reserve, being all waters within 500 metres of Nine Pin Point; and

• (c)

  the area known as Tinderbox Marine Nature Reserve, being the area of waters bounded by a notional line beginning at Piersons Point and running progressively:

  • •

    200 metres due east;

  • •

    generally southerly and westerly 200 metres from and parallel to the low water mark to the point of latitude 43° 3.84¢ south, longitude 147° 19.13¢ east;

  • •

    due north to high water mark;

  • •

    generally northerly and easterly along the high water mark to the point of commencement; and

• (d)

  the area known as Governor Island Marine Nature Reserve, being the area of waters bounded by a notional line beginning at the southernmost point of Governor Island and running progressively:

  • •

    due south for 400 metres;

     
  • •

    generally easterly, northerly and westerly at 600 metres from and parallel to low water mark to its intersection with the notional line of longitude that passes through the northernmost point of Governor Island.

    Part 2Crustaceans

    Division 1Prawns

 

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

Division 2Other crustaceans

 

Common name	Scientific name
Carid	Family Pandalidae

Part 3Molluscs

 

Common name	Scientific name
Arrow squid	Nototodarus gouldi
Red ocean squid	Ommastrephes bartrami
Southern ocean arrow squid	Todarodes filippovae
Yellowback squid	Sthenoteuthis oualaniensis
Scallops	Family Pectinidae

Part 4Finfish

Division 1Victorian waters

Subdivision 1

 

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

Subdivision 2

 

Common name	Scientific name
Barracouta	Thyrsites atun
Leatherjackets, all species	Family Monocanthidae
Snapper	Pagrus auratus
Striped trumpeter	Latris lineata
Yellowtail kingfish	Seriola lalandi

Division 2South Australian waters

Subdivision 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
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

Subdivision 2

 

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

Subdivision 3

 

Common name	Scientific name
Blue groper	Achoerodus gouldii
Snapper	Pagrus auratus

Subdivision 4

 

Common name	Scientific name
Mulloway	Argyrosomus hololepidotus
Yellowtail kingfish	Seriola lalandi

Subdivision 5

 

Common name	Scientific name
Black reef leatherjacket	Eubalichthys bucephalus

Chinaman leatherjacket	Nelusetta ayraudi
Parrotfish (or knifejaw)	Oplegnathus woodwardi
Rough leatherjacket	Monacanthus chinensis

Division 3Tasmanian waters

Subdivision 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

Subdivision 2

 

Common name	Scientific name
Bastard trumpeter	Latridopsis forsteri

Subdivision 3

 

Common name	Scientific name
Blue groper	Achoerodus gouldii

Subdivision 4

 

Common name		Scientific name
Snapper	Pagrus auratus
Striped trumpeter	Latris lineata
Yellowtail kingfish	Seriola lalandi

Part 5Other species

 

Common name	Scientific name
Handfish	Family Brachionichthyidae
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; 1999 Nos. 22, 98, 130 and 285; 2000 Nos. 56, 92, 310, 337 and 338.

2. Notified in the Commonwealth of Australia Gazette