Fisheries Management Regulations (Amendment) (Cth)

Statutory Rules 1998No. 24 1

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Fisheries Management Regulations2(Amendment)

I, The 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 4 March 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

WARWICK PARER

Minister for Resources and Energy

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1.   Amendment

1.1   The Fisheries Management Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]

2.   Part 2 (Application of the Act)

2.1   Omit the Part, substitute:

“PART 2—APPLICATION OF ACT TO AREAS OUTSIDE THE AFZ

Antarctic waters

 “4. For subsection 8 (1) of the Act, the Act applies in relation to all waters within 200 nautical miles outwards of the baselines by reference to which the territorial limits of the Australian Antarctic Territory are defined under international law, to:

• (a)

  Australian citizens; and

• (b)

  bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

• (c)

  Australian boats; and

• (d)

  persons on board Australian boats.

High seas fishing zone—Southern Bluefin Tuna

 “4AA. (1) For subsection 8 (1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (4) that is outside the AFZ (‘the high seas fishing zone’), to:

• (a)

  Australian citizens; and

• (b)

  bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

• (c)

  Australian boats; and

• (d)

  persons on board Australian boats.

 “(2) However, the Act does not apply in relation to the high seas fishing zone to any of those persons or boats that are not fishing Southern Bluefin Tuna (Thunnus maccoyii) or Northern Bluefin Tuna (Thunnus thynnus).

“(3) The area of waters is the area bounded by a line:

• (a)

  beginning at the equator at its intersection with the meridian of longitude 50° west; and

• (b)

  running:

  • (i)

    from there east along the equator, to its intersection with the meridian of longitude 140° west; and

  • (ii)

    from there south along that meridian to its intersection with the parallel of latitude 60° south; and

  • (iii)

    from there west along that parallel to its intersection with the meridian of longitude 50° west; and

  • (iv)

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

“[NOTE:  To find out where the outer limits of the AFZ are, see the definition of ‘Australian fishing zone’ in subsection 4 (1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.]

Convention for the Conservation of Antarctic Marine Living Resources sub-area 58.5.2

 “4AB. (1) For subsection 8 (1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (2) that is outside the AFZ, to:

• (a)

  Australian citizens; and

• (b)

  bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

• (c)

  Australian boats; and

• (d)

  persons on board Australian boats.

“(2) The area of waters is the area bounded by a line:

• (a)

  beginning at latitude 55° south, longitude 60° east; and

• (b)

  running:

  • (i)

    from there north along the meridian of longitude 60° east to its intersection with the parallel of 53° 14' south; and

  • (ii)

    from there generally east south-easterly along the geodesic to latitude 53° 14' 07'' south, longitude 67° 03' 20'' east; and

  • (iii)

    from there north-easterly along the geodesic to latitude 52° 42' 28'' south, longitude 68° 05' 31'' east; and

  • (iv)

    from there north-easterly along the geodesic to latitude 51° 58' 18'' south, 69° 44' 02'' east; and

  • (v)

    from there north-easterly along the geodesic to latitude 51° 24' 32'' south, longitude 71° 12' 29'' east; and

  • (vi)

    from there north-easterly along the geodesic to latitude 51° 03' 09'' south, longitude 72° 28' 28'' east; and

  • (vii)

    from there north-easterly along the geodesic to latitude 50° 54' 23'' south, longitude 72° 49' 21'' east; and

  • (viii)

    from there north-easterly along the geodesic to latitude 49° 49' 34'' south, longitude 75° 36' 08'' east; and

  • (ix)

    from there north-easterly along the geodesic to latitude 49° 24' 07'' south, longitude 76° 24' 17'' east; and

  • (x)

    from there east along that parallel to its intersection with the meridian of longitude 80° east; and

  • (xi)

    from there south along that meridian to its intersection with the parallel of latitude 55° south; and

  • (xii)

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

“[NOTE:  To find out where the outer limits of the AFZ are, see the definition of ‘Australian fishing zone’ in subsection 4 (1) of the Actand the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.]

South Tasman Rise

 “4AC. (1) For subsection 8 (1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to:

• (a)

  Australian citizens; and

• (b)

  bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and

• (c)

  Australian boats; and

• (d)

  persons on board Australian boats.

 “(2) The area of waters is the area bounded by a line:

• (a)

  beginning at the intersection of the outer limit of the AFZ with the meridian of longitude 150° 00' east; and

• (b)

  running:

  • (i)

    from there south along that meridian to its intersection with the parallel of 48° 30' south; and

  • (ii)

    from there west along that parallel to its intersection with the meridian of longitude 146° 30' east; and

  • (iii)

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

  • (iv)

    from there generally north easterly along that outer limit to the point where the line began.”.

3.   Regulation 4B (Fisheries)

3.1   After paragraph 4B (k), insert:

• “(ka)

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

4.   Schedule 1A, Part 3A (Heard Island and McDonald Islands Fishery)

4.1   Omit the Part, substitute:

“PART 3A—AREA OF THE HEARD ISLAND AND McDONALD ISLANDS FISHERY

The waters within the area bounded by a line:

• (a)

  beginning at latitude 55° south, longitude 60° east; and

• (b)

  running:

  • (i)

    from there north along the meridian of longitude 60° east to its intersection with the parallel of 53° 14' south; and

  • (ii)

    from there generally east south-easterly along the geodesic to latitude 53° 14' 07'' south, longitude 67° 03' 20'' east; and

  • (iii)

    from there north-easterly along the geodesic to latitude 52° 42' 28'' south, longitude 68° 05' 31'' east; and

  • (iv)

    from there north-easterly along the geodesic to latitude 51° 58' 18'' south, 69° 44' 02'' east; and

  • (v)

    from there north-easterly along the geodesic to latitude 51° 24' 32'' south, longitude 71° 12' 29'' east; and

  • (vi)

    from there north-easterly along the geodesic to latitude 51° 03' 09'' south, longitude 72° 28' 28'' east; and

  • (vii)

    from there north-easterly along the geodesic to latitude 50° 54' 23'' south, longitude 72° 49' 21'' east; and

  • (viii)

    from there north-easterly along the geodesic to latitude 49° 49' 34'' south, longitude 75° 36' 08'' east; and

  • (ix)

    from there north-easterly along the geodesic to latitude 49° 24' 07'' south, longitude 76° 24' 17'' east; and

  • (x)

    from there east along that parallel to its intersection with the meridian of longitude 80° east; and

  • (xi)

    from there south along that meridian to its intersection with the parallel of latitude 55° south; and

  • (xii)

    from there west along that parallel to the point where the line began.”.

5.   Schedule 1A (Area of fisheries)

5.1   After Part 11, insert:

“PART 11A—AREA OF THE SOUTH TASMAN RISE FISHERY

The waters within the area bounded by a line:

• (a)

  beginning at the intersection of the outer limit of the AFZ with the meridian of longitude 150° 00' east; and

• (b)

  running:

  • (i)

    from there south along that meridian to its intersection with the parallel of 48° 30' south; and

  • (ii)

    from there west along that parallel to its intersection with the meridian of longitude 146° 30' east; and

  • (iii)

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

  • (iv)

    from there generally north easterly along that outer limit to the point where the line began.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 March 1998.

2. 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.