Fisheries Management Amendment Regulations 2002 (No. 4) (Cth)

Fisheries Management Amendment Regulations 2002 (No. 4)1

Statutory Rules 2002 No. 3042

I, PETER JOHN HOLLINGWORTH, 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 12 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Fisheries, Forestry and Conservation

1Name of Regulations

These Regulations are the Fisheries Management Amendment Regulations 2002 (No. 4).

2Commencement

These Regulations commence on gazettal.

3Amendment of Fisheries Management Regulations 1992

Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 4B

substitute

4BFisheries

For the purposes of the Act, there are, in addition to fisheries for which plans of management have been made under section 17 of the Act, the following fisheries:

1. (a)

   the Bass Strait Scallop Fishery, being fishing activity engaged in in the area set out in Part 1 of Schedule 1A;

2. (b)

   the Christmas Island and Cocos (Keeling) Islands Fishery, being fishing activity engaged in in the area set out in Part 1A of Schedule 1A;

3. (c)

   the Coral Sea Fishery, being fishing activity engaged in in the area set out in Part 2 of Schedule 1A;

4. (d)

   the East Coast Deepwater Zone Fishery, being fishing activity engaged in in the area set out in Part 2A of Schedule 1A;

5. (e)

   the Eastern Tuna and Billfish Fishery, being fishing activity engaged in in the area set out in Part 3 of Schedule 1A;

6. (f)

   the Gillnet, Hook and Trap Fishery, being fishing activity engaged in in the area set out in Part 3A of Schedule 1A;

7. (g)

   the Small Pelagic Fishery, being fishing activity engaged in in the area set out in Part 4 of Schedule 1A;

8. (h)

   the Macquarie Island Fishery, being fishing activity engaged in in the area set out in Part 5 of Schedule 1A;

9. (i)

   the Norfolk Island Offshore Demersal Finfish Fishery, being fishing activity engaged in in the area set out in Part 5A of Schedule 1A;

10. (j)

    the North West Slope Fishery, being fishing activity engaged in in the area set out in Part 6 of Schedule 1A;

11. (k)

    the South East Trawl Fishery, being fishing activity engaged in in the area set out in Part 7 of Schedule 1A;

12. (l)

    the Southern Squid Fishery, being fishing activity engaged in in the area set out in Part 10 of Schedule 1A;

13. (m)

    the Southern Tuna and Billfish Fishery, being fishing activity engaged in in the area set out in Part 11 of Schedule 1A;

14. (n)

    the South Tasman Rise Fishery, being fishing activity engaged in in the area set out in Part 11A of Schedule 1A;

15. (o)

    the Victorian Inshore Trawl Fishery, being fishing activity engaged in in the area set out in Part 11B of Schedule 1A;

16. (p)

    the Western Deep Water Trawl Fishery, being fishing activity engaged in in the area that is made up of the sub‑areas set out in Divisions 1 and 2 of Part 12 of Schedule 1A;

17. (q)

    the Western Tuna and Billfish Fishery, being fishing activity engaged in in the area that is made up of the sub‑areas set out in Divisions 1 and 2 of Part 13 of Schedule 1A.

Note 1 The following plans of management have been made under section 17 of the Act:

(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (notified in Gazette No. S422 of 7 November 2002);

(b) the Great Australian Bight Trawl Fishery Management Plan (notified in Gazette No. S205 of 2 July 1993);

(c) the Heard Island and McDonald Islands Fishery Management Plan 2002 (notified in Gazette No. GN 21 of 29 May 2002);

(d) the Northern Prawn Trawl Fishery Management Plan 1995 (notified in Gazette No. S49 of 10 February 1995);

(e) the Southern Bluefin Tuna Fishery Management Plan 1995 (notified in Gazette No. S34 of 3 February 1995).

Note 2 Certain other fishing activities are permitted by AFMA under arrangements it describes as informally managed fisheries.

[2]Regulations 4CA and 4D

omit

[3]Paragraph 10B (2) (d)

substitute

1. (d)

   fishing in the Bass Strait Scallop Fishery or the East Coast Tuna and Billfish Fishery;

[4]Schedule 1A, Part 1A, Division 1

omit

[5]Schedule 1A, Part 1A, Division 3

omit

[6]Schedule 1A, Part 3A

substitute

Part 3AArea of the Gillnet, Hook and Trap Fishery

The part of the AFZ that is within the area bounded by a notional line beginning at the point of latitude 24° 29¢ 54² South, longitude 154° 40¢ 04² East and running progressively:

· east along the parallel of latitude 24° 29¢ 54² South to its intersection with the outer limit of the AFZ;

· generally southerly and westerly along that outer limit to its intersection, south of Australia, with the boundary between the adjacent areas of South Australia and Western Australia;

· north along that boundary to its intersection with the southern coastline of the mainland at low water;

· generally easterly along the coastline of South Australia and Victoria to its intersection with the boundary between the coastal waters of New South Wales and the coastal waters of Victoria;

· south-easterly along the prolongation of the boundary between the coastal waters of New South Wales and the coastal waters of Victoria to latitude 37° 34¢ 54² South, longitude 150° 10¢ 04² East;

· east along that parallel to its intersection with the meridian of longitude 151° 35¢ 04² East;

· north-easterly along the geodesic to latitude 29° 59¢ 54² South, longitude 154° 40¢ 04² East;

· north along the meridian of longitude 154° 40¢ 04² East to the point where the line began;

· excluding the part of the coastal waters of New South Wales that surrounds Lord Howe Island.

[7]Schedule 1A, Part 7

substitute

Part 7Area of the South East Trawl Fishery

The part of the AFZ that is within the area bounded by a notional line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33° 34¢ 54² South and running progressively:

· east along that parallel to its intersection with the meridian of longitude 156° 10¢ 04² East;

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

· generally southerly and westerly along that outer limit to its first intersection south of Australia with the meridian of longitude 138° 08¢ 05² East;

· north along that meridian to its intersection with the outer limit of the coastal waters of South Australia;

· generally easterly and northerly along the outer limit of the coastal waters of South Australia, Victoria and New South Wales to the point where the line began;

· excluding the coastal waters of Tasmania.

[8]Schedule 1A, Part 9

omit

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, 338 and 339; 2001 Nos. 3, 22, 190 (repealed by 2002 No. 179) and 302; 2002 Nos. 25, 27, 60 and 157.

2. Notified in the Commonwealth of Australia Gazette