Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010

Administered by Department of Agriculture

Legislation au F2010L03166 Not in force Legislative Instrument

Legislation content

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010

as amended

made under section 17(5A) of the Fisheries Management Act 1991

and

section 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

This compilation was prepared on 4 November 2011
taking into account amendments up to Southern and Eastern Scalefish and Shark Fishery (Closures) Direction Variation No. 1 2011

 

Prepared by the Australian Fisheries Management Authority

 

 

 

 

 


1. Citation

This Direction may be cited as SESSF (Closures) Direction No. 5 2010.

2. Commencement

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

3. Application

This Direction applies to all Commonwealth Trawl Sector Boat Statutory Fishing Right holders in the Southern and Eastern Scalefish and Shark Fishery and to a person acting on behalf of those holders.

4. Period of Application

This Direction applies for a period of 18 months from the commencement date or until revoked, whichever is the earlier.

5. Definitions

An expression used in this direction has the same meaning as in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

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.

6. Direction not to engage in fishing

Fishing for Snapper (Pagrus auratus) using trawl method is not to be engaged in in Victorian waters except for circumstances set out below.

(1) Subject to clause 2, on a trip, a Trawl Boat SFR holder (the holder) may take up to 50 kg of Snapper from Victorian waters.

(2) For the purposes only of undertaking an assessment of Snapper catch and discard levels for AFMA, the holder may take on a trip in excess of 50 kg of Snapper provided:

b.  Fishing only take place prior to the assessment being terminated on:

  1.          30th April 2012; or
  2. the taking of an aggregated amount of 20 tons of Snapper under the assessment prior to 30th April 2011; or
  3. the taking of an aggregated amount of 27 tons of Snapper under the assessment after 1st May 2011 and prior to 30th April 2012;

with AFMA to notify holders in writing of such terminating event.

b.      All fishing on a trip including embarkation and landing takes place only in an area bounded by a notional line beginning at the intersection of the coastline at mean low water mark with the border between New South Wales and Victoria and running progressively

  1. south easterly along the geodesic towards a point of latitude 37 degrees 35 minutes south, longitude 150 degrees 10 minutes east to its intersection with a line parallel to, and 3 nautical miles distant from, the coastline at mean low water mark; then
  2. along that line to its intersection with the geodesic which is a continuation of the landward border between New South Wales and Victoria; then
  3. south easterly along the geodesic to its intersection with the outer limit of the AFZ; then
  4. generally southerly along that outer limit to its intersection with the parallel of latitude 39 degrees 12 minutes south; then
  5. westerly along the parallel to its intersection with meridian longitude 146 degrees 24 minutes east; then
  6. northerly along that meridian to its intersection with the coastline of Victoria at Wilson’s Promontory; then
  7. generally north easterly along the coastline of Victoria at mean low water mark to the point where the line began;
  1. The holder does not target Snapper;
  2. The holder records all Snapper taken on a shot by shot basis;
  3. The holder lands any Snapper at Lakes Entrance Fishermen’s Cooperative Limited for the recording, aggregating and assessment of Snapper catch taken and
  4. The holder does not take excess Snapper catch for the purpose of this assessment unless the vessel monitoring system is operational and the holder has carried an observer when requested.

(3) For the purpose of this Direction, “Victorian waters” and “trip” have the same meanings as defined in s47 of the Fisheries Management Regulations 1992.

 

 

 

 

 

 

 

 

 

 

 

 

Notes to the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010

Note 1

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 (in force under section 17(5A) of the Fisheries Management Act 1991 and section 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010

14 Dec 2010 (see

F2010L03166)

15 Dec 2010

 

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction Variation No.  1 2011

25 Oct 2011 (see

F2011L02125)

26 Oct 2011

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 6.................

am. F2011L02125

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 is a legislative instrument made under section 17(5A) of the Fisheries Management Act 1991 and section 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. This direction aims to address the specific issue of managing the fishing of Snapper in Victorian waters, particularly through the trawl method, to ensure sustainability and compliance with regulatory requirements. Enacted by the Australian Fisheries Management Authority, the policy objective of this direction is to provide clear guidelines and restrictions on Snapper fishing to facilitate the assessment of catch and discard levels, while also protecting the fishery's resources. The Direction applies to all Commonwealth Trawl Sector Boat Statutory Fishing Right holders in the fishery and those acting on their behalf, with a specific focus on limiting the amount of Snapper that can be caught and the areas where fishing can occur. The direction is in effect for 18 months from its commencement date unless revoked earlier.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 applies to all holders of Commonwealth Trawl Sector Statutory Fishing Rights (SFR) in the Southern and Eastern Scalefish and Shark Fishery, as well as any person acting on their behalf. Specifically, it concerns fishing activities for Snapper (Pagrus auratus) using trawl methods within Victorian waters. This legislation is a regulatory instrument made under the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. It aims to impose specific restrictions on Snapper trawl fishing to support management and conservation efforts. The Direction is in effect for a period of 18 months from its commencement date or until it is revoked, whichever occurs first. The scope of the Direction is geographically limited to Victorian waters, defined as per the Fisheries Management Regulations 1992. It further stipulates that while trawl fishing for Snapper is generally prohibited, exceptions are made for limited Snapper catches during trips and for specific assessment purposes conducted for the Australian Fisheries Management Authority (AFMA). The Direction also outlines specific conditions that must be met for such exceptions, including catch limits, non-targeting of Snapper, and the operational status of vessel monitoring systems. This legislation does not extend to other types of fishing or other fisheries unless explicitly stated.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 ((F2010L03166)) sets out specific provisions for the prohibition and regulation of trawl fishing for Snapper (Pagrus auratus) in Victorian waters. Section 6 of the Direction prohibits trawl fishing for Snapper in Victorian waters, except under certain circumstances. Section 6(1) allows a holder to take up to 50 kg of Snapper on a trip, while Section 6(2) permits taking in excess of 50 kg for an assessment of Snapper catch and discard levels for the Australian Fisheries Management Authority (AFMA). This fishing must occur within a defined area and adhere to specific conditions, including not targeting Snapper and recording catch on a shot-by-shot basis. The Direction imposes obligations on the holders of Commonwealth Trawl Sector Boat Statutory Fishing Rights (SFR) in the Southern and Eastern Scalefish and Shark Fishery and any person acting on their behalf. They must comply with the specified conditions when fishing for Snapper, such as adhering to the 50 kg limit on a trip or following the assessment guidelines if applicable. They must also ensure that all fishing activities take place within the designated area and record all Snapper catches accurately. Compliance with these obligations is critical to avoiding penalties and maintaining the sustainability of the fishery. Breach of the provisions outlined in the Direction may lead to civil and criminal consequences. The maximum penalties for contravening the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, under which this Direction is made, can include fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but they are designed to enforce compliance with fishery regulations and protect the resources within the fishery. Failure to adhere to the conditions set out in the Direction could result in enforcement action by the relevant authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.