Fisheries Management Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 360 1

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Fisheries Management Regulations 2(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 29 November 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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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.   New regulation 19A

2.1   After regulation 19, insert:

Regulation of longline fishing—section 14 of the Act

“19A.

(1) A person must not set a pelagic, or drifting, longline from an Australian boat south of the parallel of Latitude 30∞ South, unless there is attached to the boat, in relation to each point at which hooks, connected directly or indirectly to the longline, enter the water:

• (a)

  a Tori Pole apparatus, in accordance with Schedule 3D; or

• (b)

  if the person is the holder of a scientific permit under section 33 of the Act that permits the use, in that area, of another apparatus instead of a Tori Pole apparatus—an apparatus that complies with the permit.

Maximum penalty: 10 penalty units.”.

3.   New Schedule 3D

3.1   After Schedule 3C, insert:

 “SCHEDULE 3D Subregulation 19A (1)

TORI POLE APPARATUS—CONSTRUCTION AND

MOUNTING

 1. Tori Pole apparatus consists of:

• (a)

  a Tori Pole; and

• (b)

  a bird line attached to the Tori Pole; and

• (c)

  at least 3 streamer pairs attached to the bird line.

 2.A Tori Pole must be constructed of material that is strong enough to withstand all weather conditions in which longline fishing activities are likely to be undertaken and, when in use:

• (a)

  so mounted on the boat that it operates satisfactorily in the weather conditions in which it is being used; and

SCHEDULE 3D—continued

• (b)

  so positioned that the bird line attached to it will pass directly over the point at which the hooks, connected directly or indirectly to the longline, enter the water.

 3. A bird line must be:

• (a)

  constructed of material that is:

  • (i)

    between 2 mm and 5 mm in diameter at all points; and

  • (ii)

    strong enough to withstand all weather conditions in which longline fishing activities are likely to be undertaken; and

• (b)

  long enough, and able to be set, to extend at least 150 metres from the stern of the boat on which it is mounted; and

• (c)

  fitted with at least 3 streamer pairs which are so positioned that, when the bird line is set:

  • (i)

    the streamer pair nearest to the boat is positioned not more than 10 metres (measured horizontally) from the boat; and

  • (ii)

    each other streamer pair is positioned approximately 7 metres apart from any other streamer pair in the apparatus.

 4. A streamer pair must be:

• (a)

  constructed from:

  • (i)

    cord that is at least 2.5 mm in diameter; and

  • (ii)

    red urethane tubing, long enough to extend the full length of the streamer pair, the inside diameter of which is at least 5 mm; and

• (b)

  assembled by:

  • (i)

    threading the cord through the tubing; and

  • (ii)

    crimping or knotting the cord at the lowermost end to secure the tubing to the cord; and

• (c)

  mounted on the bird line using a 3-way swivel that is strong enough to withstand all weather conditions in which longline fishing activities are likely to be undertaken; and

SCHEDULE 3D—continued

• (d)

  of such length that:

  • (i)

    each streamer in a streamer pair, when mounted on the bird line, has its lowest point swinging freely just clear of the water; and

  • (ii)

    each streamer in the streamer pair that is positioned the greatest distance from the boat is at least 1 metre long; and

• (e)

  able to move freely.

SCHEDULE 3D—continued

Illustration of Tori Pole Apparatus

(for information only)”

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1995.

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 No. 285.