Macquarie Island Toothfish Fishery Closure Direction No. 1 of 2008 (Cth)

FISHERIES MANAGEMENT ACT 1991

MACQUARIE ISLAND TOOTHFISH FISHERY MANAGEMENT PLAN 2006

Macquarie Island Toothfish Fishery

Closure Direction No.1 of 2008

Prohibition on Fishing in the Aurora Trough sector of the Macquarie Island Toothfish Fishery

The Australian Fisheries Management Authority makes the following Direction under section 17(5A) of the Fisheries Management Act 1991 and section 30(1) of the Macquarie Island Toothfish Fishery Management Plan 2006.

Dated this     23 June 2008

The Common seal of the Australian

Fisheries Management Authority

was affixed in accordance with a

resolution of the Board

Peter Witheridge

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Citation

1. This Direction may be cited as Macquarie Island Toothfish Fishery Closure Direction No. 1 of 2008.

Commencement

1. This Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.

   Application

3.         This Direction applies to the holder of a fishing concession in the Macquarie Island Toothfish Fishery and to a person acting on behalf of the holder of that fishing concession

Period of Application

4.         This Direction applies for a period beginning 30 June 2008 and ending on 30 September 2008.

Interpretation

5.1       In this Direction:

“Fishery” means the Macquarie Island Toothfish Fishery as defined in the Plan.

“Plan” means the Macquarie Island Toothfish Fishery Management Plan 2006.

“Aurora Trough sector” means

The area of waters as follows (falling within the Aurora Trough):

(a)        the eastern boundary is the 3 mile limit off the western side of               Macquarie Island;

(b)        the western boundary is the meridian of longitude 158° 40’ East;

(c)        the southern boundary is the parallel of latitude 54° 49’ South;

(d)        the northern boundary is the parallel of latitude 54° 33’  South.

5.2       A term used in this Direction by way of priority, or if there is any inconsistency:

(a)takes the meaning given to it in the interpretation section of this Direction; then;

(b) if no meaning is given to the word in the interpretation section of this Direction, takes the meaning given to it in the Plan; and then;

(c) if no meaning is given to the word in this Direction nor in the Plan, takes the meaning given to that word under the Fisheries Management Act 1991.

5.3The origin of geographical coordinates used in this Direction is the World Geodetic Datum System 1972 (WGS72).

Prohibition on fishing

1. Fishing in the Aurora Trough sector of the Macquarie Island Toothfish   Fishery is prohibited for the period specified in this Direction.

   Exemption to the prohibition on fishing in clause 6

2. .         An exemption to the prohibition on fishing in clause 6 above applies to a person who fishes under a scientific permit in accordance with section 15 of the Plan.