Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery (Closures) Direction 2016

made under subsection 41A(2) of the

Fisheries Management Act 1991

Compilation No. 1

Compilation date:   2 August 2018

Includes amendments up to: Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery (Variation of Closures) Direction 2018

About this compilation

This compilation

This is a compilation of the Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery (Closures) Direction 2016 that shows the text of the law as amended and in force on 2 August 2018 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Citation

1.  This Direction may be cited as the Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery (Closures) Direction 2016.

Cessation

3. This Direction is repealed on 1 May 2021 unless earlier revoked.

Interpretation

4. Terms used in this Direction that are defined for the purposes of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 or the Small Pelagic Fishery Management Plan 2009 have the same meanings in this Direction as they have in the Plans.

‘Adjacent Area Boundary’ means the offshore State and Northern Territory boundaries established under Schedule 2 of the Petroleum and Submerged Lands Act 1967 as amended.

‘Automatic baiting equipment’ means any mechanical operation that automatically positions bait on the hooks without the need for each hook/snood to be individually clipped onto the mainline directly by hand during the setting of the gear.

‘Hydraulic hand reel droplining’ means a method of individual droplines which stay attached to the boat, with a maximum soak time of 90 minutes and no more than 25 hooks per individual line.

All geographic coordinates contained within the schedules attached to this document are in terms of the Geocentric Datum of Australia 1994 (GDA94).

Unless otherwise stated, the lines between coordinates are geodesics.

Notes: 1. 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 the holder of a fishing concession:

(a)     in the Southern and Eastern Scalefish and Shark Fishery and to a person acting on behalf of the holder; and

(b)     in the Small Pelagic Fishery and to a person acting on behalf of the holder.

Direction not to engage in fishing

6. (a) Fishing is not to be engaged in using gillnet methods in the area described in Schedule 1.

 (b) Fishing is not to be engaged in using demersal otter trawl methods in the area described in Schedule 2.

 (c) Fishing is not to be engaged in the area described in Schedule 3.

 (d) Fishing is not to be engaged in using trawl methods in the area described in Schedule 4.

 (e) Fishing is not to be engaged in using gillnet methods in the area described in Schedule 5.

 (f) Fishing is not to be engaged in the areas described in Schedule 6 and Schedule 7.

 (g) If a concession holder takes more than three Harrisson’s Dogfish (C. harrissoni), three Southern Dogfish (C. zeehaani) or three Harrisson’s Dogfish (C. harrissoni) and Southern Dogfish (C. zeehaani) combined in Schedule 8 under a fishing concession in a season, the holder must not engage in fishing in the area described in Schedule 8 under that fishing concession for a period of 12 months commencing from the date the concession holder caught the third Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani). If the concession holder takes a species of Dogfish that cannot be identified by AFMA, for the purposes of this condition it will be deemed to be a Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani).

 (h) If a concession holder takes more than three Harrisson’s Dogfish (C. harrissoni), three Southern Dogfish (C. zeehaani) or three Harrisson’s Dogfish (C. harrissoni) and Southern Dogfish (C. zeehaani) combined in Schedule 9 under a fishing concession in a season, the holder must not engage in fishing in the area described in Schedule 9 under that fishing concession for a period of 12 months commencing from the date the concession holder caught the third Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani). If the concession holder takes a species of Dogfish that cannot be identified by AFMA, for the purposes of this condition it will be deemed to be a Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani).

 (i) Fishing is not to be engaged in using hook or trawl methods in the area described in Schedule 10.

 (j) Fishing is not to be engaged in the areas described in Schedule 11 and Schedule 12.

 (k) Fishing is not to be engaged in using trawl methods in the areas described in Schedule 13.

 (l) Fishing is not to be engaged in using demersal otter trawl methods in the areas described in Schedule 14, 15, 16, 17 and 18.

 (m) Fishing is not to be engaged in using trawl methods in the areas described in Schedule 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29.

 (n) If a concession holder takes more than three Harrisson’s Dogfish (C. harrissoni), three Southern Dogfish (C. zeehaani) or three Harrisson’s Dogfish (C. harrissoni) and Southern Dogfish (C. zeehaani) combined in Schedule 29 under a fishing concession in a season, the holder must not engage in fishing in the area described in Schedule 29 under that fishing concession for a period of 12 months commencing from the date the concession holder caught the third Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani). If the concession holder takes a species of Dogfish that cannot be identified by AFMA, for the purposes of this condition it will be deemed to be a Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani).

 (o) Fishing is not to be engaged in the area described in Schedule 30 unless the method used is the hydraulic hand reel droplining method.

 (p) Fishing is not to be engaged in the area described in Schedule 31 and Schedule 32.

 (q) Fishing is not to be engaged in using trawl methods in the area described in Schedule 33.

 (r) If a concession holder takes more than three Harrisson’s Dogfish (C. harrissoni), three Southern Dogfish (C. zeehaani) or three Harrisson’s Dogfish (C. harrissoni) and Southern Dogfish (C. zeehaani) combined in Schedule 33 under a fishing concession in a season, the holder must not engage in fishing in the area described in Schedule 33 under that fishing concession for a period of 12 months commencing from the date the concession holder caught the third Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani). If the concession holder takes a species of Dogfish that cannot be identified by AFMA, for the purposes of this condition it will be deemed to be a Harrisson’s Dogfish (C. harrissoni) or Southern Dogfish (C. zeehaani).

 (s) Fishing is not to be engaged in using gillnet methods in the area described in Schedules 35 and 36.

 (t) Fishing is not to be engaged in using automatic baiting equipment if fishing under the authority of a scalefish hook boat statutory fishing right in the area described in Schedule 37.

 (u)  Fishing is not to be engaged in by trawl methods in the part of the Southern and Eastern Scalefish and Shark Fishery described in Schedule 38 in a season if an aggregated amount of 25 tonnes of Orange Roughy (western) (Hoplosthethus atlanticus) has been taken in the part of the Southern and Eastern Scalefish and Shark Fishery described in Schedule 38 for the fishing season beginning on 1 May and ending on 30 April of the following year. 

 (v) Fishing is not to be engaged in in the part of the Southern and Eastern Scalefish and Shark Fishery known as the Flinders Research Zone Closure as described in Schedule 39. 

Exemption to the prohibitions – Small Pelagic Fishery concession holders

7.    (a)   Clauses 6(d), 6(i), 6(j), 6(k), 6(m), 6(o), 6(p), 6(q), 6(u) and 6(v) do not apply to holders fishing under a concession granted in accordance with the Small Pelagic Fishery Management Plan 2009 using the mid-water trawl or mid-water pair trawl method(s).

(b)   Clause 6 does not apply to fishing by the purse seine, jigging or minor line methods.

(c)   If the holder of a Small Pelagic Fishery concession takes more than three Harrisson’s Dogfish (C. harrissoni), Southern Dogfish (C. zeehaani), Endeavour dogfish (C.harrissoni) or Greeneye Spurdog dogfish (S. chloroculus combined in a fishing season in the areas specified in Schedules 10, 11, 12, 28, 29, 30, 31, 32 and/or 33 while fishing under the authority of a concession granted in accordance with the Small Pelagic Fishery Management Plan 2009, the holder must notify AFMA and not engage in fishing in the area described in the relevant Schedule under that fishing concession until further notified by AFMA in writing. 

(d) If the holder of a Small Pelagic Fishery concession finds any evidence of benthic impacts while fishing under the authority of a concession granted in accordance with the Small Pelagic Fishery Management Plan 2009 in the area specified in Schedule 4 the holder must notify AFMA and not engage in fishing in the area described in the relevant Schedule under that fishing concession until further notified by AFMA in writing.

Exemption to the prohibitions – Orange Roughy

8.  Despite clause 6(k), fishing using trawl methods is permitted within the areas described in Schedule 34.

Exemption to the prohibitions – Hydraulic Hand Reel Droplining

9.   Clauses 6(g), 6(h), 6(n) and 6(r) do not apply to fishing by the hydraulic hand reel droplining method.

SCHEDULE 1

Murat Bay

The area of the Murat Bay is that part of the AFZ and part of the coastal waters of the State of South Australia contained within and bounded by a line:

a)      commencing at the intersection of the southern coastline of South Australia at mean low water and the meridian of longitude 133° 50.83’ east, in the vicinity of Point Brown and running progressively;

b)      north westerly along the geodesic to the point of latitude 32° 28.33’ south, longitude 133° 37.83’ east, near the southernmost point of the Franklin Island group at mean low water;

c)      then north westerly along the geodesic to the intersection of the southern coastline of South Australia at mean low water and the meridian of longitude 133° 07.60’ east, in the vicinity of Point Bell;

d)      then generally easterly and southerly along that mean low water line to the point of commencement.

SCHEDULE 2

Bass Strait – Trawl Closure

The area of the Bass Strait – Trawl Closure is that part of the AFZ contained within and bounded by a line:

a)      commencing at the point of latitude 39˚ 00.00’ south, longitude 143˚ 55.00’ east and running progressively;

b)     east along the parallel of latitude 39˚ 00.00’south to its intersection with the meridian of longitude 144˚ 50.00’ east;

c)      then south along that meridian to its intersection with the parallel of latitude 39˚ 30.00’ south;

d)     then east along that parallel to its intersection with the meridian of longitude 146˚ 34.00’ east;

e)      then south along that meridian to its intersection with the parallel of latitude 39˚ 36.00’ south;

f)       then east along that parallel to the intersection with meridian of longitude 147˚ 28.00’ east;

g)     then north along that meridian to the intersection with parallel 39˚ 22.00’ south;

h)     then generally north westerly to the point of latitude 39˚ 06.00’ south, longitude 147˚ 06.00’ east;

i)       then north easterly to the point of latitude 38˚ 40.00’ south, longitude 147˚ 50.00’ east;

j)       then south south easterly to the point of latitude 39˚ 25.05’ south, longitude 148˚ 32.36’ east;

k)     then south south easterly to the point of latitude 39˚ 45.001’ south, longitude 148˚ 34.30’ east;

l)       then south easterly to the point of latitude 40˚ 02.10’ south, longitude 148˚ 36.40’ east;

m)   then south easterly to the point of latitude 40˚ 24.10’ south, longitude 148˚ 48.60’ east;

n)     then south westerly to the point of latitude 40˚ 27.917’ south, longitude 148˚ 35.20’ east;

o)     then south along that meridian to its intersection with the parallel of latitude 40˚ 51.017’ south;

p)     then west along that parallel to its intersection with the outer limit of the coastal waters of Tasmania, close to longitude 148˚ 19.573’ east;

q)     then initially northerly but generally westerly along the outer limit of the coastal waters of Tasmania (along the northern coast of Tasmania) to the intersection of that outer limit with the meridian of longitude 144˚ 40.00’ east, close to latitude 40˚ 19.283’ south;

r)       then generally westerly along the geodesic, diverting northerly but generally westerly from this geodesic, around the outer limit of the coastal waters of Tasmania, surrounding Reid Rocks, before re-joining the geodesic and continuing to the intersection of the outer limit of the coastal waters of Tasmania (in the vicinity of the southern tip of King Island, Tasmania), with the meridian of longitude 143˚ 56.00’ east, close to latitude 40˚ 12.888’ south;

s)      then initially easterly but generally northerly along the outer limit of the coastal waters of Tasmania (adjacent to King Island, Tasmania) to the intersection of these coastal waters with the meridian of longitude 143˚ 55.00’ east;

t)       then north along that meridian of longitude to the point of commencement.

SCHEDULE 3

Head of the Great Australian Bight

The area of the Head of the Great Australian Bight is that part of the AFZ and coastal waters of the State of South Australia contained within and bounded by a line:

a)      commencing at the intersection of the southern coastline of the mainland of Australia at mean low water with the meridian of longitude 129° 00.135’ east and running progressively;

b)      south along that meridian to its intersection with the parallel of latitude 31° 44.268’ south;

c)      then east along that parallel to its intersection with the meridian of longitude 129° 05.868' east;

d)      then north along that meridian to its intersection with a line every point of which is two nautical miles seaward of the mean low water line of the southern coast of the mainland of Australia, near latitude 31° 42.218' south;

e)      then generally easterly, north easterly and then south easterly along that two nautical mile line to its intersection with the meridian of longitude 132° 42.888' east;

f)       then north along that meridian to its intersection with the mean low water line of the southern coast of the mainland of Australia, in the vicinity of Eyre Bluff, South Australia;

g)      then generally westerly along that mean low water line to the point of commencement.

SCHEDULE 4

East Coast Deepwater Trawl Sector Exclusion Zone

The area of the East Coast Deepwater Trawl Sector Exclusion Zone is that part of the AFZ contained within and bounded by a line:

a)      commencing at the point of latitude 24° 29.90’ south, longitude 155° 30.00’ east and running progressively;

b)      south along the meridian of longitude 155° 30.00’ east to its intersection with the parallel of latitude 27° south;

c)      then south easterly along the geodesic to the point of latitude 30° south, longitude 157° east;

d)      then south along the meridian of longitude 157° east to its intersection with the parallel of latitude 33° 34.90’ south;

e)      then west along that parallel of latitude to its intersection with the meridian of longitude 153° 16.966’ east;

f)       then north easterly along the geodesic to the point of latitude 29° 59.90’ south, longitude 154° 40.067’ east;

g)      then north along that meridian of longitude to latitude 24° 29.90’ south;

h)      then east along that parallel of latitude to the point of commencement.

SCHEDULE 5

South Australian Gillnet Closure – Backstairs Passage

The area of the South Australian Gillnet Closure – Backstairs Passage is that part of the AFZ and the coastal waters of the State of South Australia contained within and bounded by a line:

a)      commencing at the intersection of the southern coast line of mainland Australia at mean low water with the meridian of longitude 137° 40.649’ east in the vicinity of Troubridge Point, South Australia and running progressively;

b)      south easterly along the geodesic to the intersection of the southern coast line of mainland Australia at mean low water with the parallel of latitude 35° 36.231’ south in the vicinity of Cape Jervis;

c)      then initially southerly but generally easterly along the mean low water line of the coast to the intersection of this line with the meridian of longitude 138° 31.336’ east in the vicinity of Newland Head;

d)      then south westerly along the geodesic to the intersection of the coastline of Kangaroo Island, South Australia at mean low water with the meridian of longitude 138° 08.082’ east in the vicinity of Cape Willoughby ;

e)      then generally north westerly along the mean low water line of that coast to its intersection with the meridian of longitude 137° 37.922’ east in the vicinity of Point Marsden, South Australia;

f)       then northerly along the geodesic to the point of commencement.

SCHEDULE 6

South Australian Shark Closure – Kangaroo Island

The area of the South Australian Shark Closure – Kangaroo Island is that part of the AFZ and coastal waters of the State of South Australia contained within and bounded by a line:

a)      commencing at the intersection of the coastline of Kangaroo Island, South Australia at mean low water with the parallel of latitude of 35° 50.494’ south, in the vicinity of Cape Willoughby and running progressively;

b)      generally south westerly along the mean low water line of the southern coastline of Kangaroo Island to its intersection with the meridian of longitude 136° 42.310’ east in the vicinity of Cape du Couedic;

c)      then south along that meridian to its intersection with a line every point of which is one nautical mile seaward of the mean low water line of the southern coastline of Kangaroo Island;

d)      then generally north easterly along that one nautical mile line to its intersection with the parallel of latitude of 35° 50.494’ south;