Small Pelagic Fishery (Closures) Direction No. 1 2015
made under subsection 41A(2) of the
Fisheries Management Act 1991
Compilation No. 1
Compilation date: 17/09/2015
Includes amendments up to: Small Pelagic Fishery (Closures Variation) Direction No. 1 2015
About this compilation
This compilation
This is a compilation of the Small Pelagic Fishery (Closures) Direction No. 1 2015 that shows the text of the law as amended and in force on 17/09/2015 (the compilation date).
This compilation was prepared on 23/09/2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
DIRECTION NOT TO ENGAGE IN FISHING
Fisheries Management Act 1991
Subsection 41A(2)
SMALL PELAGIC FISHERY (CLOSURES) DIRECTION No. 1 2015
Citation
1. This Direction may be cited as the Small Pelagic Fishery (Closures) Direction No. 1 2015.
Commencement
2. This Direction commences on 8 May 2015.
Cessation
3. This Direction ceases as if it was revoked on 8 May 2020 unless earlier revoked.
Interpretation
4. Terms used in this Direction that are defined for the purposes of the Small Pelagic Fishery Management Plan 2009 (the Plan) have the same meanings in this Direction as they have in the Plan.
4.1 “Interaction” has the same meaning as Regulation 9ZQ of the Fisheries Management Regulations 1992 as at 8 May 2015.
4.3 “Hours of darkness” means the hours after nautical evening twilight until nautical morning twilight. The exact times of nautical twilight are set forth in the Nautical Almanac tables for the relevant latitude, local time and date. A copy of the algorithm for calculating these times is available from the Commission for the Conservation of Antarctic Marine Living Resources website https://www.ccamlr.org/en/node/84096.
Notes: Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.
To whom this Direction applies
5. This Direction applies to a holder of a fishing concession in the Small Pelagic Fishery and to a person acting on behalf of the holder.
Direction not to engage in fishing
7. If a concession holder (or a person acting on behalf of a concession holder) in the Small Pelagic Fishery has an interaction with a dolphin or dolphins, resulting in the mortality of one or more dolphins in any management zone listed in Schedule 1-7, fishing is not to be engaged in in that management zone of the fishery by the mid-water trawl fishing method for a period of six months from the date of the interaction.
SCHEDULE 1 - MANAGEMENT ZONES
Management Zone One
The area of management zone one is the part of the AFZ bounded by a notional line
beginning at the intersection of the parallel of latitude 31° 00’ south and the coastline of
Western Australia, and running progressively as described in the following table
(excluding any coastal waters):
Item | Description |
1 | West along that parallel to the intersection with the outer limit of the AFZ |
2 | Generally southerly and easterly along that outer limit to the point of intersection with the meridian of longitude 122° 00’ east |
3 | North along that meridian to the intersection with the coastline of Western Australia |
4 | Generally westerly and northerly along the Australian coastline to the point of commencement
|
SCHEDULE 2- MANAGEMENT ZONES
Management Zone Two
The area of management zone two is the part of the AFZ bounded by a notional line
beginning at the intersection of the meridian of longitude 122° 00’ east and the coastline
of Western Australia, and running progressively as described in the following table
(excluding any coastal waters):
Item | Description |
1 | South along that meridian to the intersection with the outer limit of the AFZ |
2 | Generally easterly along that outer limit to the point of intersection with the meridian of longitude 133° 00’ east |
3 | North along that meridian to the intersection with the coastline of South Australia |
4 | Generally westerly along the Australian coastline to the point of commencement |
SCHEDULE 3- MANAGEMENT ZONES
Management Zone Three
The area of management zone three is the part of the AFZ bounded by a notional line
beginning at the intersection of the meridian of longitude 133° 00’ east and the coastline
of South Australia, and running progressively as described in the following table
(excluding any coastal waters):
Item | Description |
1 | South along that meridian to the intersection with the outer limit of the AFZ |
2 | Generally south-easterly along that outer limit to the point of intersection with the meridian of longitude 141° 00’ east |
3 | North along that meridian to the intersection with the coastline of Australia at the landward boundary between South Australia and Victoria |
4 | Generally north-westerly along the Australian coastline to the point of commencement |
SCHEDULE 4- MANAGEMENT ZONES
Management Zone Four
The area of management zone four is the part of the AFZ bounded by a notional line
beginning at the intersection of the meridian of longitude 141° 00’ east and the coastline
of Australia at the landward boundary between South Australia and Victoria and running
progressively as described in the following table (excluding any coastal waters):
Item | Description |
1 | South along that meridian to the intersection with the outer limit of the AFZ |
2 | Generally south-easterly along that outer limit to the point of intersection with the meridian of longitude 146° 30’ east |
3 | North along that meridian to the intersection with the southern coastline of Tasmania
|
4 | Generally north-westerly and easterly along the coastline of Tasmania to the point of intersection with the meridian of longitude 146° 30’ east |
5 | North along that meridian to the intersection with the coastline of Victoria |
6 | Generally westerly along that coastline to the point of commencement |
SCHEDULE 5- MANAGEMENT ZONES
Management Zone Five
The area of management zone five is the part of the AFZ bounded by a notional line
beginning at the point of intersection of parallel of latitude 40° 00’ south and the
meridian of longitude 146° 30’ east and running progressively as described in the
following table (excluding any coastal waters):
Item | Description |
1 | South along that meridian to the intersection with the northern coastline of Tasmania |
2 | Generally easterly, southerly and westerly along that coastline to the point of intersection with the meridian of longitude 146° 30’ east |
3 | South along that meridian to the intersection with the outer limit of the AFZ |
4 | Generally easterly, north-easterly and northerly along that outer limit to the point of intersection with the parallel of latitude 40° 00’ south |
5 | West along that parallel to the point of commencement |
SCHEDULE 6- MANAGEMENT ZONES
Management Zone Six
The area of management zone six is the part of the AFZ bounded by a notional line
beginning at the intersection of the meridian of longitude 146° 30’ east and the coastline
of Victoria and running progressively as described in the following table (excluding any
coastal waters):
Item | Description |
1 | South along that meridian to the point of intersection with the parallel of latitude 40° 00’ south |
2 | East along that parallel to the intersection with the outer limit of the AFZ |
3 | Generally north-easterly along that outer limit to the point of intersection with the parallel of latitude 34° 00’ south |
4 | West along that parallel to the intersection with the coastline of New South Wales |
5 | Generally southerly along that coastline to the landward boundary between New South Wales and Victoria |
6 | Generally westerly along that coastline to the point of commencement |
SCHEDULE 7- MANAGEMENT ZONES
Management Zone Seven
The area of management zone seven is the part of the AFZ bounded by a notional line
beginning at the intersection of the parallel of latitude 34° 00’ south and the coastline of
New South Wales and running progressively as described in the following table
(excluding any coastal waters):
Item | Description |
1 | East along that parallel to the intersection with the outer limit of the AFZ |
2 | Generally northerly to the point of intersection with the parallel of latitude 24° 29’ 54” south |
3 | West along that parallel to the point of intersection with the meridian of longitude 154° 40’ 04” east |
4 | South along that meridian to the point of intersection with the parallel of latitude 28° 10’ south |
5 | West along that parallel to the intersection with the of the landward boundary between Queensland and New South Wales |
6 | Generally south along the coastline of New South Wales to the point of commencement |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
Endnote 2—Abbreviation key
A = Act | orig = original |
ad = added or inserted | par = paragraph(s)/subparagraph(s) |
am = amended | /sub‑subparagraph(s) |
amdt = amendment | pres = present |
c = clause(s) | prev = previous |
C[x] = Compilation No. x | (prev…) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LI = Legislative Instrument | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment | SR = Statutory Rules |
mod = modified/modification | Sub‑Ch = Sub‑Chapter(s) |
No. = Number(s) | SubPt = Subpart(s) |
o = order(s) | underlining = whole or part not |
Ord = Ordinance | commenced or to be commenced |
Endnote 3—Legislation history
Name | FRLI registration | Commencement | Application, saving and transitional provisions |
Small Pelagic Fishery (Closures) Direction No. 1 2015 | F2015L00663 | 08/05/2015 |
|
Small Pelagic Fishery (Closures Variation) Direction No.1 2015 | F2015L01450 | 17/09/2015 |
|
Endnote 4—Amendment history
Provision affected | How affected |
c. 6 | rep. F2015L01450 |
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