Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1)
I, RICHARD MCLOUGHLIN, Managing Director of the Australian Fisheries Management Authority, make the following Management Plan Amendment under section 17 of the Fisheries Management Act 1991.
Dated 17 November 2004
RICHARD MCLOUGHLIN
Managing Director of the Australian Fisheries Management Authority
Accepted on 17 November 2004
IAN MACDONALD
Minister for Fisheries, Forestry and Conservation
1 Name of Management Plan Amendment
This Management Plan Amendment is the Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1).
2 Commencement
This Management Plan Amendment commences on the date of its notification in the Gazette.
3 Amendment of Bass Strait Central Zone Scallop Fishery Management Plan 2002
Schedule 1 amends the Bass Strait Central Zone Scallop Fishery Management Plan 2002.
Schedule 1 Amendments
(section 3)
[1] Section 3, definition of fishing season
substitute
fishing season means, for a fishing year:
(a) if a direction has been given closing the fishery for a period less than the whole year — the period the fishery is not closed; or
(b) if no such direction has been given for that year — the period from 1 May to 20 December, inclusive, in that year.
[2] Schedule 1, fifth dot point
omit
south-easterly along the geodesic to 40 37 00 S, 146 59 00 E;
insert
north-easterly along the geodesic to 40 37 00 S, 146 59 00 E;
[3] Schedule 2, table, item 1, column 5
omit
80 mm
insert
90 mm
Overview
The Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1) was introduced to address specific issues within the management of the scallop fishery in the Bass Strait Central Zone. Enacted by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, this legislative instrument aims to refine the management strategies and operational parameters of the fishery. The primary objective of this amendment is to ensure the sustainable management of scallop resources by adjusting the fishing season and modifying certain technical specifications related to the fishery's operations. The amendment was accepted by the Minister for Fisheries, Forestry and Conservation, indicating the government's commitment to balancing ecological sustainability with the needs of the fishing industry.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1) applies to entities involved in the scallop fishing industry within the designated Bass Strait Central Zone. This includes both individuals and corporations engaged in scallop fishing activities in this specific area. The amendment serves to modify the existing Bass Strait Central Zone Scallop Fishery Management Plan 2002, thereby directly impacting the fishing practices, seasons, and regulations for scallop fishing within the stated geographical zone. The jurisdictional reach of this amendment is national, as it pertains to a Commonwealth-managed fishery. There are no explicit exclusions or exemptions noted within the text; however, the specific provisions of the amended management plan would determine any practical limitations on application. The authority to further extend or restrict the application of this amendment is granted through subordinate instruments, as permitted under the Fisheries Management Act 1991.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1) modifies the existing Bass Strait Central Zone Scallop Fishery Management Plan 2002. Section 3 of the Amendment redefines the "fishing season" to clarify when the fishery is operational. Specifically, if a direction has been issued to close the fishery for less than the entire year, the fishing season will be the period during which the fishery is not closed. If no such direction has been issued, the fishing season will run from 1 May to 20 December, inclusive, in that year (section 3). Additionally, the Amendment changes a navigational direction in Schedule 1, replacing "south-easterly along the geodesic" with "north-easterly along the geodesic" to 40° 37' 00" S, 146° 59' 00" E (Schedule 1, fifth dot point). Furthermore, it increases the minimum shell height limit for scallops from 80 mm to 90 mm in Schedule 2, table, item 1, column 5 (Schedule 2).
The Amendment imposes obligations on parties involved in the scallop fishery to adhere to the new fishing season definitions and navigational directions. Fishers must ensure they comply with the specified fishing season, whether it is defined by an operational period or the set dates from 1 May to 20 December. Additionally, fishers must adjust their navigational routes to follow the new geodesic direction to 40° 37' 00" S, 146° 59' 00" E, as outlined in the Amendment. Compliance with the increased minimum shell height limit of 90 mm for scallops is also mandatory, impacting the selection and retention of scallops during fishing activities.
Failure to comply with the provisions of the Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1) may result in legal consequences. While the specific penalties are not detailed within the Amendment itself, breaches of the Fisheries Management Act 1991, under which this Amendment is made, could lead to fines or other penalties as prescribed by the relevant laws. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines in place. It is essential for all parties involved in the scallop fishery to be aware of and comply with the new provisions to avoid any potential legal repercussions.