Fisheries Management Amendment Regulations 2004 (No. 1) (Cth)

Fisheries Management Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 702

I, PHILIP MICHAEL JEFFERY, 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 22 April 2004

P. M. JEFFERY

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 2004 (No. 1).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Fisheries Management Regulations 1992

Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1Amendments

(regulation 3)

[1]After paragraph 4B (d)

insert

1. (da)

   the Eastern Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method engaged in in the area set out in Division 1 of Part 2B of Schedule 1A;

Note The area of the Eastern Skipjack Fishery is divided into the sub-areas set out in Division 2 of Part 2B of Schedule 1A.

[2]Paragraphs 4B (e) and (m)

omit

fishing activity

insert

fishing, other than commercial fishing for skipjack tuna by the purse‑seining method,

[3]After paragraph 4B (p)

insert

1. (pa)

   the Western Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method engaged in in the area that is made up of the sub-areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A;

[4]Paragraph 4B (q)

omit

fishing activity

insert

fishing, other than commercial fishing for skipjack tuna by the purse‑seining method,

[5]Paragraph 4C (1) (ka)

omit

method; or

insert

method.

[6]Paragraphs 4C (1) (l) to (p)

omit

[7]Schedule 1A, after Part 2A

insert

Part 2BArea of the Eastern Skipjack Fishery

Division 1Area of the fishery

The part of the AFZ that is:

1. (a)

   within the area bounded by a notional line beginning at the intersection of the eastern coastline of the mainland at low water with the parallel of latitude 37° 30¢ 24² south, in the vicinity of the border between New South Wales and Victoria, and running progressively:

   1. (i)

      generally southerly and westerly along that coastline at low water to its intersection with the meridian of longitude 141° east, in the vicinity of the border between Victoria and South Australia;

   2. (ii)

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

   3. (iii)

      generally southerly, easterly and northerly along that outer limit to its intersection with the meridian of longitude 144° 28¢ east, off the coast of Queensland;

   4. (iv)

      south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;

   5. (v)

      south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;

   6. (vi)

      southerly along the geodesic to the point of latitude 10° 28¢ south, longitude 144° 10¢ east;

   7. (vii)

      west along that parallel to its intersection with the meridian of longitude 142° 31¢ 49² east;

   8. (viii)

      south along that meridian to its intersection with the northern coastline of the mainland at low water, in the vicinity of Cape York;

   9. (ix)

      generally southerly along that coastline at low water to the point where the line began; or

2. (b)

   adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35¢ south, longitude 167° 25¢ east, and running progressively:

   1. (i)

      east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;

   2. (ii)

      south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;

   3. (iii)

      west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;

   4. (iv)

      north along that meridian to the point where the line began.

Division 2Sub-areas

1.Sub-area 1 (Northern inshore)

The part of the AFZ that is:

1. (a)

   within the area bounded by a notional line beginning at latitude 10° 28¢ south, longitude 144° 10¢ east and running progressively:

   1. (i)

      south along that meridian to its intersection with the parallel of latitude 10° 41¢ 14² south;

   2. (ii)

      easterly along the geodesic to the point of latitude 10° 41¢ south, longitude 145° east;

   3. (iii)

      south along that meridian to its intersection with the parallel of latitude 12° south;

   4. (iv)

      south-easterly along the geodesic to the point of latitude 14° south, longitude 147° east;

   5. (v)

      south-easterly along the geodesic to the point of latitude 17° south, longitude 149° east;

   6. (vi)

      south along that meridian to its intersection with the parallel of latitude 18° south;

   7. (vii)

      east along that parallel to its intersection with the meridian of longitude 152° east;

   8. (viii)

      south along that meridian to its intersection with the parallel of latitude 20° 28¢ 49² south;

   9. (ix)

      south-easterly along the geodesic to the point of latitude 21° south, longitude 152° 55¢ east;

   10. (x)

       south-easterly along the geodesic to the point of latitude 24° 30¢ south, longitude 154° east;

   11. (xi)

       west along that parallel to its intersection with the eastern coastline of the mainland at low water, in the vicinity of Baffle Creek;

   12. (xii)

       generally southerly along that coastline at low water to its intersection with the parallel of latitude 37° 30¢ 24² south, in the vicinity of the border between New South Wales and Victoria;

   13. (xiii)

       south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;

   14. (xiv)

       generally northerly along that outer limit to its intersection with the meridian of longitude 144° 28¢ east, off the coast of Queensland;

   15. (xv)

       south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;

   16. (xvi)

       south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;

   17. (xvii)

       southerly along the geodesic to the point where the line began; or

2. (b)

   adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35¢ south, longitude 167° 25¢ east, and running progressively:

   1. (i)

      east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;

   2. (ii)

      south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;

   3. (iii)

      west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;

   4. (iv)

      north along that meridian to the point where the line began.

2.Sub-area 2 (Northern offshore)

The part of the AFZ that is:

1. (a)

   within the area bounded by a notional line beginning at latitude 10° 28¢ south, longitude 144° 10¢ east and running progressively:

   1. (i)

      south along that meridian to its intersection with the parallel of latitude 10° 41¢ 14² south;

   2. (ii)

      easterly along the geodesic to the point of latitude 10° 41¢ south, longitude 145° east;

   3. (iii)

      south along that meridian to its intersection with the parallel of latitude 12° south;

   4. (iv)

      south-easterly along the geodesic to the point of latitude 14° south, longitude 147° east;

   5. (v)

      south-easterly along the geodesic to the point of latitude 17° south, longitude 149° east;

   6. (vi)

      south along that meridian to its intersection with the parallel of latitude 18° south;

   7. (vii)

      east along that parallel to its intersection with the meridian of longitude 152° east;

   8. (viii)

      south along that meridian to its intersection with the parallel of latitude 20° 28¢ 49² south;

   9. (ix)

      south-easterly along the geodesic to the point of latitude 21° south, longitude 152° 55¢ east;

   10. (x)

       south-easterly along the geodesic to the point of latitude 24° 30¢ south, longitude 154° east;

   11. (xi)

       east along that parallel to its intersection with the 50 nautical mile line;

   12. (xii)

       generally southerly along that line to its intersection with the parallel of latitude 37° 53¢ south;

   13. (xiii)

       south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;

   14. (xiv)

       generally northerly along that outer limit to its intersection with the meridian of longitude 144° 28¢ east, off the coast of Queensland;

   15. (xv)

       south along that meridian to its intersection with the parallel of latitude 9° 54¢ south;

   16. (xvi)

       south-westerly along the geodesic to the point of latitude 10° 15¢ south, longitude 144° 12¢ east;

   17. (xvii)

       southerly along the geodesic to the point where the line began; or

2. (b)

   adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35¢ south, longitude 167° 25¢ east, and running progressively:

   1. (i)

      east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;

   2. (ii)

      south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;

   3. (iii)

      west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;

   4. (iv)

      north along that meridian to the point where the line began.

3.Sub-area 3 (Southern inshore north)

The part of the AFZ that is:

1. (a)

   within the area bounded by a notional line beginning at the intersection of the eastern coastline of the mainland at low water with the parallel of latitude 37° 30¢ 24² south, in the vicinity of the border between New South Wales and Victoria, and running progressively:

   1. (i)

      south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;

   2. (ii)

      generally southerly, westerly and northerly along that outer limit to its intersection with the meridian of longitude 141° east;

   3. (iii)

      north along that meridian to its intersection with the coastline of the mainland at low water, in the vicinity of the border between Victoria and South Australia;

   4. (iv)

      generally easterly and north-easterly along that coastline at low water to the point where the line began; or

2. (b)

   adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35¢ south, longitude 167° 25¢ east, and running progressively:

   1. (i)

      east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;

   2. (ii)

      south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;

   3. (iii)

      west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;

   4. (iv)

      north along that meridian to the point where the line began.

4.Sub-area 4 (Southern inshore south)

The part of the AFZ that is:

1. (a)

   within the area bounded by a notional line beginning at the point of latitude 37° 53¢ south, longitude 151° east and running progressively:

   1. (i)

      south-easterly along the geodesic to the intersection between the outer limit of the AFZ and the parallel of latitude 38° 58¢ south;

   2. (ii)

      generally southerly, westerly and northerly along that outer limit to its intersection with the meridian of longitude 141° east;

   3. (iii)

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

   4. (iv)

      east along that parallel to its intersection with the meridian of longitude 151° east;

   5. (v)

      north along that meridian to the point where the line began; or

2. (b)

   adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35¢ south, longitude 167° 25¢ east, and running progressively:

   1. (i)

      east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;

   2. (ii)

      south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;

   3. (iii)

      west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;

   4. (iv)

      north along that meridian to the point where the line began.

5.Sub-area 5 (Southern offshore)

The part of the AFZ that is:

1. (a)

   within the area bounded by a notional line beginning at the intersection of the outer limit of the AFZ with the parallel of latitude 38° 58¢ south, off the coast of Victoria and running progressively:

   1. (i)

      generally south-westerly, southerly and north-westerly along that outer limit to its intersection with the meridian of longitude 141° east;

   2. (ii)

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

   3. (iii)

      east along that parallel to its intersection with the 12 nautical mile line, west of Flinders Island;

   4. (iv)

      southerly, westerly, south-easterly and generally north-easterly along the 12 nautical mile line around Tasmania and Flinders Island to its intersection with the parallel of latitude 40° south, east of Flinders Island;

   5. (v)

      east along that parallel to its intersection with the meridian of longitude 151° east;

   6. (vi)

      north along that meridian to its intersection with the parallel of latitude 37° 53¢ south;

   7. (vii)

      south-easterly along the geodesic to the point where the line began; or

2. (b)

   adjacent to Norfolk Island, except the area bounded by a notional line beginning at the point of latitude 28° 35¢ south, longitude 167° 25¢ east, and running progressively:

   1. (i)

      east along that parallel to its intersection with the meridian of longitude 168° 25¢ east;

   2. (ii)

      south along that meridian to its intersection with the parallel of latitude 29° 50¢ south;

   3. (iii)

      west along that parallel to its intersection with the meridian of longitude 167° 25¢ east;

   4. (iv)

      north along that meridian to the point where the line began.

[8]Schedule 1A, Part 3, Division 2, clause 3

omit

[9]Schedule 1A, Part 3, Division 2, clause 4, heading

substitute

4.Sub-area 4 (Northern offshore (pelagic longline))

[10]Schedule 1A, Part 3, Division 2, clause 6, heading

substitute

6.Sub-area 6 (Southern inshore north (pelagic longline))

[11]Schedule 1A, Part 3, Division 2, clause 7, heading

substitute

7.Sub-area 7 (Southern inshore south (pelagic longline))

[12]Schedule 1A, Part 3, Division 2, clause 8, heading

substitute

8.Sub-area 8 (Southern offshore (pelagic longline))

[13]Schedule 1A, after Part 12

insert

Part 12AArea of the Western Skipjack Fishery

Division 1Sub-area 1

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

1. (a)

   beginning at the intersection of the western coastline of Australia with the parallel of latitude 34° south; and

2. (b)

   running:

   1. (i)

      from there west along that parallel to the outer limit of the AFZ; and

   2. (ii)

      from there generally southerly and easterly along that outer limit to its intersection with the meridian of longitude 141° east; and

   3. (iii)

      from there north along that meridian to its first intersection with the southern coastline of Australia; and

   4. (iv)

      from there generally westerly along that coastline to the point where the line began.

Division 2Sub-area 2

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

1. (a)

   beginning at the intersection of the northern coastline of Australia with the meridian of longitude 142° 30¢ east; and

2. (b)

   running:

   1. (i)

      from there north along that meridian to the outer limit of the AFZ; and

   2. (ii)

      from there generally westerly and southerly along that outer limit to its intersection with the parallel of latitude 34° south; and

   3. (iii)

      from there east along that parallel to its intersection with the western coastline of Australia; and

   4. (iv)

      from there generally northerly and easterly to the point where the line began.

Division 3Sub-area 3

Those parts of the AFZ:

1. (a)

   surrounding Christmas Island and the Cocos (Keeling) Islands; and

2. (b)

   extending, from a notional line every point of which is 12 nautical miles from the Australian territorial sea baseline, toward the outer limit of the AFZ.

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, 157 and 304; 2003 Nos. 9 and 112.

2. Notified in the Commonwealth of Australia Gazette