Fisheries Management (Southern and Eastern Scalefish and Shark Fishery, Pink Ling) Temporary Order 2015 No. 1

Link to law: https://www.comlaw.gov.au/Details/F2015L00144

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Fisheries Management (Southern and Eastern Scalefish and Shark Fishery, Pink Ling) Temporary Order 2015 No. 1
 
Fisheries Management Act 1991                                              
 
I, JAMES FINDLAY, Chief Executive Officer and delegate of the Australian Fisheries Management Authority, make this order under subsection 43(2) of the Fisheries Management Act 1991, being satisfied that:
(a)     it is necessary to take action under section 43 of the Management Act;
(b)     the action is consistent with AFMA objectives; and
(c)     no other action is appropriate.
 
Dated:  11 February 2015
 
 
 
 
JAMES FINDLAY
Chief Executive Officer
Australian Fisheries Management Authority
                                                                                                                                                  
 
1.         Name of Order
This Order may be cited as the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery, Pink Ling) Temporary Order 2015 No. 1.
 
2.         Commencement and Cessation
This Order commences on the day after registration on the Federal Register of Legislative Instruments and ceases on 1 May 2015.
3.         Definitions
In this Order:
a.       Eastern Pink Ling Zone means the area of the Southern and Eastern Scalefish and Shark Fishery east of longitude 147o East.
Terms used have the same meaning that they have in the Fisheries Management Act 1991 (the Management Act) and in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Management Plan).
4.         Concession holder to not take more than 50 kilograms of Pink Ling per day
Subject to Clause 6 and despite any condition recorded on a fishing concession, or clause of the Management Plan, the holder of a boat statutory fishing right must not take more than 50 kilograms of Pink Ling (Genypterus blacodes) in the Eastern Pink Ling Zone per calendar day of each trip.
5.         Fifty kilogram daily allowance not to apply in certain circumstances
Clause 4 of this Order does not apply to a concession holder whose fishing concession included as of 1 January 2015 a condition that the concession holder not take more than 25% of their caught and uncaught Pink Ling quota from the Eastern Ping Ling Zone.
6.         Fishing not to take place in certain areas of the fishery
Despite any condition recorded on a fishing concession, or clause of the Management Plan, a concession holder must not engage in fishing by any method in the areas specified in Schedule 1 of this Order.
 
Schedule 1 – Areas of the fishery where fishing prohibited
1.         For the purpose of Clause 6 fishing by any method is prohibited in the following areas of the Fishery:
Maria Island
The area of Maria Island is the part of the Australian Fishing Zone contained within and bounded by a line:
a)      commencing at the point  of latitude 42o 42.000’ south, longitude 148o 21.000’ east, and running progressively;
b)      east along the parallel of latitude 42o 42.000’ south to its intersection with the meridian of longitude 148o 26.000’ east;
c)      then south along the parallel of longitude 148o 26.000’ east to its intersection with the meridian of latitude 42o 45.000’ south;
d)     then west along the parallel of latitude 42o 45.000’ south to its intersection with the meridian of longitude 148o 21.000’ east;
e)      then north to the point of commencement.
Seiner’s Horseshoe
The area of Seiner’s Horseshoe is the part of the Australian Fishing Zone contained within and bounded by a line:
a)      commencing at the point  of latitude 38o 18.374’ south, longitude 148o 35.870’ east, and running progressively;
b)      east along the parallel of latitude 38o 18.374’ south to its intersection with the meridian of longitude 148o 40.236’ east;
c)      then southeasterly along the geodesic to the point of latitude 38o 27.116’ south, longitude 148o 45.124’ east;
d)     then southwesterly along the geodesic to the point of latitude 38o 31.829’ south, longitude 148o 32.703’ east;
e)      then north northeasterly to the point of commencement.
Everard Horseshoe  
The area of Everard Horseshoe is the part of the Australian Fishing Zone contained within and bounded by a line:
a)      commencing at the point  of latitude 38o 04.914’ south, longitude 149o 21.490’ east, and running progressively;
b)      easterly along the geodesic to the point of latitude 38o 04.788’ south, longitude 149o 24.089’ east;
c)      then southeasterly along the geodesic to the point of latitude 38o 09.837’ south, longitude 149o 33.324’ east;
d)     then southerly along the geodesic to the point of latitude 38o 16.500’ south, longitude 149o 32.912’ east;
e)      then west along the parallel of latitude 38o 16.500’ south to its intersection with the meridian of longitude 149o 26.800’ east;
f)       then northeasterly along the geodesic to the point of latitude 38o 13.151’ south, longitude 149o 30.083’ east;
g)      then northwesterly to the point of commencement.