Fisheries Management (Eastern Tuna and Billfish Fishery Management Plan 2005) Temporary Order 2009 (Cth)

Fisheries Management (Eastern Tuna and Billfish Fishery Management Plan 2005) Temporary Order 2009

Fisheries Management Act 1991

I GLENN HURRY, delegate of the Australian Fisheries Management Authority, make this order under subsection 43(2) of the Fisheries Management Act 1991 (the Fisheries Management Act), being satisfied that:

(a) it is necessary to take action under s43 of the Fisheries Management Act;

(b)     the action is consistent with AFMA objectives; and

(c)     no other action is appropriate.

Dated:  25  September 2009

GLENN HURRY

Chief Executive Officer

Australian Fisheries Management Authority

1          Name of Order

This Order is the Fisheries Management (Eastern Tuna and Billfish Fishery Management Plan 2005) Temporary Order 2009.

2          Commencement

This Order commences the day after it is registered.

3.         Replacement of methods for recording the number of clips used by longline SFR holders during pelagic longline fishing operations

(1)        Section 48 of the Eastern Tuna and Billfish Fisheries Management Plan 2005 (the Management Plan) is suspended.

(2)        For the purposes of section 20 of the Management Plan, the number of ‘branchline clips’ is the number of branchline clips that are recorded for the holder pursuant to sub-sections 3(3) to 3(5) of this Order.

(3)        Prior to the commencement of each fishing season, AFMA will determine, for that fishing season (the Season), a single fixed number of branchline clips (the fixed number) that all holders of longline SFRs will be deemed to use during each pelagic longline operation in the fishery, or a specified part of the fishery, in the Season.

(4)        Subject to sub-section (5), the fixed number will be the average number of branchline clips used by all holders of longline SFRs during each pelagic longline operation in the fishery, or the part of the fishery, in a 12 month period, as determined by AFMA (rounded down to the nearest ten (10) hooks), being a period that commences not more than 2 years before the start of the Season and that ends before the start of the Season.

(5)        If AFMA considers that insufficient data is available to determine the exact average number of branchline clips used by the holders of longline SFRs during each pelagic longline operation in the 12 month period, the fixed number will be AFMA’s estimate of that average based upon the data available to AFMA.  

1. Correction of reference in the Management Plan to the ETBF Regulations

In the Management Plan, ‘ETBF Regulations’ means the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009.

Note

This is a Legislative Instrument and must be registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003