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Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2007

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FISHERIES MANAGEMENT ACT 1991
 
SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY MANAGEMENT PLAN 2003
 
SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY (MINIMUM GEAR REQUIREMENTS) DIRECTION 2007
 
I, Glenn  David Hurry, Managing Director of the Australian Fisheries Management Authority, as delegate, make the following Direction under section 17(5A)(a) of the Fisheries Management Act 1991 and section 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.
 
Dated        20 August              2007
 
 
 
(signed)
Glenn David Hurry
 
 
 
Managing Director,
Australian Fisheries Management Authority
 
Citation
 
1          This Direction may be cited as the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2007.
 
Commencement
 
2          This Direction commences on the day after it is registered.
 
Application
 
3.1       This Direction applies to a holder of a fishing concession in the Southern and Eastern Scalefish and Shark Fishery and to a person acting on behalf of the holder.
 
3.2              However, this Direction does not apply to the holder of a scientific permit that authorises the use of an alternative fishing gear type.
 
Period of Application
 
4.         This Direction applies for a period beginning on the date this Direction commences and ending on 30 June 2010.
 
Interpretation
 
5.1              In this Direction:
 
"boat"  means a boat that is nominated on a boat statutory fishing right for the Southern and Eastern Scalefish and Shark Fishery;
 
"bycatch reduction device" means a device that allows fish and other animals to escape immediately after being taken in the net and is constructed in accordance with Schedule 1;
 
"equipment" means equipment for fishing;
 
"fishing" means the commercial fishing activities that are referred to in section 20 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003  and defined in the Fisheries Management Act 1991 (the Act);
 
5.2       A term used in this Direction that is defined for the purposes of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 has the same meaning in this Direction as it has in that plan.
 
[Notes:                   1. Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.
2. Terms defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 include "Southern and Eastern Scalefish and Shark Fishery “and "Southern and Eastern Scalefish and Shark Fishery area".]
 
Gear requirements – Commonwealth South East Trawl Sector and East Coast Deepwater Trawl Sector
6          Applies to trawl methods in the Commonwealth South East Trawl Sector (excludes Danish seine) and East Coast Deepwater Trawl Sector. The fishery is closed to a boat using an otter trawl net when fishing for fish unless the otter trawl net used by the boat has the following requirements:
6.1       Wing and net mouth:
That 115 mm mesh (4 ½ inch) is the minimum mesh size in the wings and the net mouth (shoulders, belly and veranda). The net mouth is determined as at least 50 meshes from the centre of the headline towards the codend.
6.2              Codend:
 
(a)    A codend of 90 mm single twine mesh; or
(b)   A codend of double twine mesh of at least 102 mm (4 inch) or greater; or
(c)    A codend of 90 mm double twine mesh, with one or more bycatch reduction devices (as described in Schedule 1).
 
 Gear requirement – Great Australian Bight Trawl Sector
 
7          Applies to trawl methods in the Great Australian Bight Trawl Sector. The fishery is closed to a boat unless any net used to fish for fish has a mesh size that is not less than 90 millimetres (3.5 inches) at the codend of the net.
 
Gear requirements – Gillnet Sector
 
8          Applies to gillnet methods in the Gillnet Sector. The fishery is closed to a boat using a gillnet unless the gillnet used by the boat has the following requirements:
 
8.1       The total headrope length of gillnets must not exceed 4,200 metres. The total length of headrope does not include the length of any bridles.  No allowance will be made for stretch.
 
8.2              Gillnets may be deployed as a single unit fishing gear, provided that the total headrope length does not exceed 4,200 metres, or any number of the following sub-units:
 
(a)    A total gillnet headrope length of 4,200 metres by 20 meshes deep; or
(b)   A total gillnet headrope length of 3,360 metres by 25 meshes deep; or
(c)    A total gillnet headrope length of 2,800 metres by 30 meshes deep; or
(d)   A total gillnet headrope length of 2,100 metres by 40 meshes deep.
 
8.3       A mesh in a gillnet must be:
 
(a)    greater than or equal to 150 millimetres in width; and
(b)   less than or equal to 165 millimetres in width.
 
Gear requirement – Scalefish and Shark Hook Sector
 
9                    Applies to hook methods in the scalefish and shark hook sector. The use of automatic baiting equipment is prohibited.
 
Concession Conditions
 
10.       The preceding clauses 6, 7, 8 and 9 shall be deemed to be a condition on all applicable concessions.
 
To whom the prohibition does not apply
 
11.       The prohibition in section 9 does not apply if the concession holder applies for and is granted a fishing permit that allows the use of automatic baiting equipment.
 
To whom do the prohibitions in sections 6 – 9 not apply
 
12.       The prohibitions in sections 6-9 do not apply to a person if the person:
 
(a)    is fishing in accordance with another plan of management in force under the Act, or a law of a State or Territory that is in force in relation to the Southern and Eastern Scalefish and Shark Fishery area; and
(b)   is fishing in accordance with specific conditions attached to a boat Statutory Fishing Right that permits this type of fishing gear.
 
 
SCHEDULE 1
 
The following are Bycatch Reduction Devices in the Commonwealth Trawl and East Coast Deepwater Trawl Sectors:
1          A single large square mesh (of at least 90 mm) panel in the upper side of the codend bag (of minimum dimensions 15 bars X 20 bars).
 
2          A single large rotated mesh (of at least 90 mm) panel (called a T90) in the upper side of the codend bag (of minimum dimensions 15 meshes X 18 meshes).