Small Pelagic Fishery (Closures) Direction No. 1 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00663

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DIRECTION NOT TO ENGAGE IN FISHING
Fisheries Management Act 1991
Subsection 41A(2)
SMALL PELAGIC FISHERY (CLOSURES) DIRECTION No. 1 2015
                                                                                                                                                      
I, JAMES FINDLAY, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 6 of 2013 made on 16th September 2013 from the Commission, make the following Direction under subsection 41A(2) of the Fisheries Management Act 1991.
Dated:   8 May 2015
James Findlay
Chief Executive Officer
Australian Fisheries Management Authority
                                                                                                                                                      
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       This Direction ceases as if it was revoked on 8 May 2020 unless earlier revoked.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
6.            Fishing by the mid-water trawl fishing method is not to be engaged in in the Small Pelagic Fishery during the hours of darkness. For the avoidance of doubt, the concession holder must not have any fishing gear in the water during the hours of darkness.
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.
a.        
 
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