Fisheries Management (Small Pelagic Fishery Closures) Direction 2021 (Cth)

Fisheries Management (Small Pelagic Fishery Closures) Direction 2021

I, WEZ NORRIS, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under Delegation No. 2 of 2016 made on 14 November 2016 from the AFMA Commission, make the following Direction pursuant to 41(A)(2) of the Fisheries Management Act 1991.

Dated   7 July 2021

Wez Norris

Chief Executive Officer, Australian Fisheries Management Authority

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Cessation.................................................................................................................................. 1

4  Authority.................................................................................................................................. 1

5  Definitions................................................................................................................................ 1

6  To whom this applies............................................................................................................... 2

7  Direction not to engage in fishing............................................................................................. 2

Schedule 1 — Small Pelagic Fishery Management Grid G101  3

Schedule 2 — Small Pelagic Fishery Management Grid G103  3

Schedule 3 — Small Pelagic Fishery Management Grid G105  3

1  Name

This instrument is the Fisheries Management (Small Pelagic Fishery Closures) Direction 2021.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of the instrument	8 July 2021.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Cessation

This Direction ceases on 1 November 2021.

4  Authority

This Direction is made under subsection 41(A)(2) of the Act.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the interpretation      section of the Act, including the following:

(a)    AFZ;

(b)    coastal waters;

(c)    fishery;

(d)    fishing;

(e)    fishing concession;

(f)    holder;

Terms used in this Direction that are defined for the purposes of the Fisheries Management Regulations 2019 have the same meanings in this Direction as they have in the Regulations.

Terms used in this Direction that are defined for the purposes of the Small Pelagic Fishery Management Plan 2009 have the same meanings in this Direction as they have in the Plan.

In this instrument:

Act means the Fisheries Management Act 1991.

Spatial Management Grids in the Small Pelagic Fishery means the document titled “Spatial Management Grids in the Small Pelagic Fishery” published in Commonwealth Gazette number C2018G00272, as that document exists at the commencement of this instrument.

Note:      The Spatial Management Grids in the Small Pelagic Fishery could in 2021 be viewed on the website of the Commonwealth Government Federal Register of Legislation (

All geographic coordinates contained within the schedules attached to this document are in terms of the Geocentric Datum of Australia (GDA94).

Unless otherwise stated, the lines between coordinates are geodesics.

6  To whom this applies

This Direction applies to the holder of a fishing concession (or a person acting on behalf of that holder) in the Small Pelagic Fishery.

7  Direction not to engage in fishing

(a)  Fishing is not to be engaged using midwater trawl methods in the area described in Schedule 1.

(b)  Fishing is not to be engaged using midwater trawl methods in the area described in Schedule 2.

(c)  Fishing is not to be engaged using midwater trawl methods in the area described in Schedule 3.

Schedule 1 — Small Pelagic Fishery Management Grid G101

The Fishery area specified within Spatial Management Grids in the Small Pelagic Fishery, and identified as Grid G101 is that part of the AFZ and part of the coastal waters of the state of New South Wales contained within and bounded by a line:

a)commencing at the point 37° 00’ south, 150° 00’ east and progressing due east to the point of longitude at 151° 00’ east; then

b)progressing due south to the point of latitude at 38° 00’ south; then

c)progressing due west to the point of longitude at 150° 00’ east; then

d)progressing due north to the point 37° 00’ south, 150° 00’ east.

Schedule 2 — Small Pelagic Fishery Management Grid G103

The Fishery area specified within Spatial Management Grids in the Small Pelagic Fishery, and identified as Grid G103 is that part of the AFZ and part of the coastal waters of the state of New South Wales contained within and bounded by a line:

a)commencing at the point 37° 00’ south, 149° 30’ east and progressing due east to the point of longitude at 151° 00’ east; then

b)progressing due north to the point of latitude at 36° 00’ south; then

c)progressing due west to the eastern coastline of New South Wales at the mean low water mark; and

d)progressing southward along the coastline to the point 37° 00’ south, 149° 30’ east.

Schedule 3 — Small Pelagic Fishery Management Grid G105

The Fishery area specified within Spatial Management Grids in the Small Pelagic Fishery, and identified as Grid G105 is that part of the AFZ and part of the coastal waters of the state of New South Wales contained within and bounded by a line:

a)commencing at the point 36° 00’ south, 150° 00’ east and progressing due east to the point of longitude at 151° 30’ east; then

b)progressing due north to the point of latitude at 35° 00’ south; then

c)progressing due west to the eastern coastline of New South Wales at the mean low water mark; and

d)progressing southward along the coastline to the point 37° 00’ south, 149° 30’ east.