Fisheries Management Regulations (Amendment) (Cth)

Statutory Rules 1997No. 186 1

__________________

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 30 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

WARWICK PARER

Minister for Resources and Energy

____________

1.   Commencement

1.1   Regulations 3, 4, 9 and 10 commence on 1 July 1997.

[Note: The remaining provisions of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

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

3.   Regulation 4C (Eastern Tuna and Billfish Fishery—sectors, etc.)

3.1   After paragraph 4C (1) (k), insert:

• “(ka)

  the PLL (Sub-area 10) Sector, being commercial fishing for tuna in Sub-area 10 by the pelagic longlining method; or”.

4.   Regulation 4E (Southern Tuna and Billfish Fishery—Zone Z)

4.1   Omit the regulation.

5.   Regulation 10AB (Records—fish received)

5.1   Subregulation 10AB (3):

Omit the subregulation, substitute:

 “(3) In addition, the record must include the number (if any) of fish received that are of any of the following kinds:

• (a)

  yellowfin tuna (Thunnus albacares);

• (b)

  bigeye tuna (Thunnus obesus);

• (c)

  longtail tuna (Thunnus tonggol);

• (d)

  albacore tuna (Thunnus alalunga);

• (e)

  black marlin (Makaira indica);

• (f)

  blue marlin (Makaira nigricans);

• (g)

  striped marlin (Tetrapturus audax);

• (h)

  broadbill swordfish (Xiphias gladius);

• (i)

  fish of the family Bramidae (commonly known as pomfrets or rays bream).”.

6.   Regulation 10AC (Records—fish disposed of)

6.1   Subregulation 10AC (3):

Omit the subregulation, substitute:

 “(3) In addition, the record must include the number (if any) of fish disposed of that are of any of the following kinds:

• (a)

  yellowfin tuna (Thunnus albacares);

• (b)

  bigeye tuna (Thunnus obesus);

• (c)

  longtail tuna (Thunnus tonggol);

• (d)

  albacore tuna (Thunnus alalunga);

• (e)

  black marlin (Makaira indica);

• (f)

  blue marlin (Makaira nigricans);

• (g)

  striped marlin (Tetrapturus audax);

• (h)

  broadbill swordfish (Xiphias gladius);

• (i)

  fish of the family Bramidae (commonly known as pomfrets or rays bream).”.

7.   New regulation 10AD

7.1   After regulation 10AC, insert

Records—scallop tags

 “10AD.(1) In this regulation:

‘AFMA tag’ means a tag stamped with the letters ‘AFMA’ that is required to be attached to a bag of scallops under a condition of a fishing permit that authorises the use of a boat for fishing for scallops;

‘scallops’ means bivalve molluscs of the family Pectinidae.

“(2)For subsection 92 (2) of the Act, the holder of a fish receiver permit who receives scallops must:

• (a)

  remove the AFMA tag attached to each bag of scallops received; and

• (b)

  keep the tag for at least 1 year at the premises where the holder keeps the record of scallops received.”.

8.   Regulation 10B (Returns—South East Trawl Fishery and Southern Bluefin Tuna Fishery)

8.1   Paragraph 10B (3) (c):

Omit the paragraph, substitute:

• “(c)

  be signed by:

  • (i)

    the permit holder; or

  • (ii)

    a person authorised by the permit holder and for whom AFMA has a specimen signature; and”.

9.   Schedule 1A, Part 3 (Area of the Eastern Tuna and Billfish Fishery)

9.1   Division 1 (Area of the fishery):

Omit the Division, substitute:

“Division 1—Area of the fishery

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

• (a)

  beginning at the intersection of parallel of latitude 37° 30' 24'' south with the coastline of the mainland at low water mark, in the vicinity of the border between New South Wales and Victoria; and

• (b)

  running:

  • (i)

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

  • (ii)

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

  • (iii)

    from there 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; and

  • (iv)

    from there south along that meridian to its intersection with the parallel of latitude

    9° 54' south; and

  • (v)

    from there south-westerly along the geodesic to latitude 10° 15' south, longitude 144° 12' east; and

  • (vi)

    from there southerly along the geodesic to latitude 10° 28' south, longitude 144° 10' east; and

  • (vii)

    from there west along the parallel of latitude 10° 28' south to its intersection with the meridian of longitude 142° 31' 49'' east; and

  • (viii)

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

  • (ix)

    from there generally southerly along that coastline at low water mark to the point where the line began.”.

9.2   Division 2 (Sub-areas), items 6, 7 and 8:

Omit the items, substitute:

“6.   Sub-area 6 (Southern inshore north (pelagic longline and purse-seine))

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

• (a)

  beginning at the intersection of the eastern coastline of Australia at low water mark, in the vicinity of Cape Howe, with the parallel of latitude 37° 30' 24'' south; and

• (b)

  running:

  • (i)

    from there generally south-easterly along the geodesic to the outer limit of the AFZ at the parallel of latitude 38° 58' south, off the coast of Victoria; and

  • (ii)

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

  • (iii)

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

  • (iv)

    from there generally easterly and north-easterly along that coastline at low water mark to the point where the line began.

“7.   Sub-area 7 (Southern inshore south (pelagic longline and purse-seine))

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

• (a)

  beginning at latitude 37° 53' south, longitude 151° east; and

• (b)

  running:

  • (i)

    from there generally south-easterly along the geodesic to the outer limit of the AFZ at the parallel of latitude 38° 58' south, off the coast of Victoria; and

  • (ii)

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

  • (iii)

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

  • (iv)

    from there east along that parallel to its intersection with the meridian of longitude

    151° east; and

  • (v)

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

“8.   Sub-area 8 (Southern offshore (pelagic longline and

purse-seine))

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

• (a)

  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

• (b)

  running:

  • (i)

    from there generally south-westerly, southerly and north-westerly along that outer limit to its intersection with the meridian of longitude

    141° east; and

  • (ii)

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

  • (iii)

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

  • (iv)

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

  • (v)

    from there east along that parallel to its intersection with the meridian of longitude

    151° east; and

  • (vi)

    from there north along that meridian to its intersection with the parallel of latitude

    37° 53' south; and

  • (vii)

    from there south-easterly along the geodesic to the point where the line began.”.

9.3   Division 2 (Sub-areas), new item 10:

Add at the end:

“10.   Sub-area 10 (Southern offshore west (pelagic longline))

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

• (a)

  beginning at the intersection of the southern coastline of Australia at low water mark with the meridian of longitude 141° east, in the vicinity of the border between South Australia and Victoria; and

• (b)

  running:

  • (i)

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

  • (ii)

    from there south-easterly along that outer limit to its intersection with the meridian of longitude 146° east; and

  • (iii)

    from there north along that meridian to its intersection with the southern coastline of Tasmania at low water mark, in the vicinity of South West Cape; and

  • (iv)

    from there generally westerly, northerly and easterly along the western coastline of Tasmania to its intersection with the meridian of longitude 146° east, in the vicinity of Emu Bay; and

  • (v)

    from there north along that meridian to its intersection with the coastline of Australia at low water mark, in the vicinity of Cape Liptrap; and

  • (vi)

    from there generally westerly along that coastline at low water mark to the point where the line began.”.

10.   Schedule 1A, Part 11 (Area of the Southern Tuna and Billfish Fishery)

10.1   Omit the Part, substitute:

“PART 11—AREA OF THE SOUTHERN TUNA AND BILLFISH FISHERY

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

• (a)

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

• (b)

  running:

  • (i)

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

  • (ii)

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

  • (iii)

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

  • (iv)

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

_______________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1997.

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 and 95.