SESSF Direction No. 07 Freezer/Processing Sector of the Commonwealth South East Trawl Sector (Cth)

FISHERIES MANAGEMENT ACT 1991

SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY MANAGEMENT PLAN 2003

SESSF DIRECTION NO. 07

FREEZER/PROCESSING SECTOR OF THE COMMONWEALTH SOUTH EAST TRAWL SECTOR

I, Nick Rayns, Acting Manager Director of the Australian Fisheries Management Authority (AFMA), as delegate, make the following Direction under subsection 17(5B) of the Fisheries Management Act 1991 and subsection 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

Dated:            13 June 2007

(Signed) Nick Rayns

Acting Manager Director,

Australian Fisheries Management Authority

Citation

1.    This Direction may be cited as SESSF Direction No. 07.

Commencement

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

Application

3.   This Direction applies to a holder of a fishing concession in the Southern and Eastern Scalefish and Shark Fishery and to a person acting on behalf of the holder.

Period of Application

4.   This Direction applies for a period beginning on the date this Direction commences and ending on 31 December 2010.

Interpretation

5.1  In this Direction:

"boat"  means a boat that is nominated on a fishing concession for the Southern and Eastern Scalefish and Shark Fishery;

"fishing" means the commercial fishing activities that are referred to in section 20 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 and defined in the Fisheries Management Act 1991;

"equipment" means equipment for fishing;

"SED" means Seal Exclusion Device;

”UTC" means Coordinated Universal Time, the time scale based on the second (SI), maintained by the International Bureau of Weights and Measures.  For the purposes of this Direction UTC is equivalent to mean solar time at the prime meridian (0 degrees longitude), formerly expressed in Greenwich Mean Time (GMT).

5.2  A term used in this Direction that is defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 has the same meaning in this Direction as it has in that plan.

[Notes:        1. Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.

2. Terms defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 include "Southern and Eastern Scalefish and Shark Fishery” and "Southern and Eastern Scalefish and Shark Fishery area". ]

5.3  The origin of geographical coordinates used in this Direction is the Geocentric Datum of Australia, as defined in Gazette No. GN 35, 6 September 1995.

Prohibition on freezing/processing vessels

6.    Subject to clause 7, a person is prohibited from fishing in the area South of 40 degrees S and West of 147 degrees E of the Commonwealth South East Trawl Sector as defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan (the prohibited area) using a vessel that has the capacity to process and freeze catch (a factory vessel) for the period 1 June to 30 September each year.

7.    A person to whom this Direction applies is permitted to fish in the prohibited area using a factory vessel:

i.   if they comply with the use of Seal Exclusion Devices (SEDs), with the following specifications:

(a)       a two piece grid which is made of 25mm diameter stainless steel rod with the vertical bars at 250 to 300 mm, centres hinged horizontally along the centre and held together with 'hammer-locks' with the rounded shape, and size of the grip conforming as closely as possible to the corresponding cross-section dimensions of the net; and

(b)       a 'scoop' net made of 100mm mesh over the escape hatch with a kite made from a length of flexible conveyor belting attached to the leading edge to raise the escape hatch; and

(c)        a single 20cm diameter float attached at the centre of the leading edge of the kite for initial flotation, and

ii.if they comply with the following reporting procedure for each trawl shot:

(a)       by recording in the fishing logbook titled Eastern Finfish Trawl Daily Fishing Log (EFT01A/EFT01B) or successive logbook versions in accordance with the General Information and Instructions for completion of each logbook dated June 2003, the:

- number of "alive" captured seals; and/or

- number of "dead" captured seals; or

- if no seals are captured report "nil seals" and

(b)       immediately at the conclusion of a shot capturing seals, by sending an e-mail to [email protected], detailing the number of "alive" and/or "dead" seals.

8.The preceding two clauses shall be deemed to be a condition on all applicable concessions.

Revocation of SESSF Direction No. 03

9.SESSF Direction No. 03 of 26 June 2005 is revoked from the date of commencement of SESSF Direction No. 07.