Eastern Tuna and Billfish Fishery Direction No. 1 of 2006

Overview

The Eastern Tuna and Billfish Fishery Direction No. 1 of 2006 was enacted to address the need for specific management measures within the Eastern Tuna and Billfish Fishery, as stipulated under the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2005. This direction was introduced by the Commonwealth Parliament to ensure the sustainable management of the fishery, aiming to protect the tuna and billfish populations from overfishing and to regulate fishing activities within specified areas. This legislative instrument provides clear guidelines on fishing prohibitions and exemptions to maintain the ecological balance of the fishery. The policy objective is to preserve the health of the fishery resources, thereby supporting the long-term viability of the fishing industry within the specified areas.

Scope and Application

The Eastern Tuna and Billfish Fishery Direction No. 1 of 2006, as amended, is a legislative instrument made under the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2005. It applies to holders of fishing permits authorising the use of a boat in the Eastern Tuna and Billfish Fishery and to persons acting on behalf of permit holders when fishing within the designated fishery area. This Direction came into effect on 13 July 2006 and is in force until 9 August 2006, although it can be further amended through subordinate instruments. The prohibition on fishing within specified waters south of latitude 35° South, west of longitude 156° East, and north of latitude 40° South does not apply during the period between nautical dusk and nautical dawn, nor does it apply to the hauling of a longline that was legitimately shot and soaked within this time period. This Direction is to be read in conjunction with other Directions made under the Eastern Tuna and Billfish Fishery Management Plan 2005 and must be interpreted consistently with these related instruments.

Key Provisions

The Eastern Tuna and Billfish Fishery Direction No. 1 of 2006 (Section 2) commences on 13 July 2006 and applies until 9 August 2006. This Direction applies specifically to holders of fishing permits and their representatives who are fishing within the Eastern Tuna and Billfish Fishery area. The primary objective of this Direction is to prohibit fishing activities in certain specified waters (Section 6). Specifically, fishing is prohibited in waters south of latitude 35° South, west of longitude 156° East, and north of latitude 40° South within the fishery area. This legislation imposes several obligations and requirements on permit holders and their representatives. They must ensure that no fishing activities are undertaken within the prohibited areas as outlined in Section 6. The definitions provided in Section 5.1 and 5.2 clarify the terms used, such as what constitutes "fishing," "hauling," "soaking," and "shooting." Additionally, geographical terms like "nautical dawn" and "nautical dusk" are defined to ensure precise understanding and compliance. This Direction also mandates that permit holders must adhere to other relevant Directions made under the Eastern Tuna and Billfish Fishery Management Plan 2005. Section 7 provides exemptions to the general prohibition on fishing. Specifically, it allows fishing activities to occur between nautical dusk and nautical dawn. Furthermore, it permits the hauling of longlines that were legitimately shot and soaked between nautical dusk and nautical dawn. This exemption aims to balance conservation efforts with practical considerations for fishers. Compliance with these provisions is crucial, and any breaches may lead to civil or criminal consequences. The specific penalties for non-compliance are not detailed within the provided text, but under the Fisheries Management Act 1991, breaches could result in fines or other sanctions as deemed appropriate by the relevant authorities.