Fisheries Regulations (Amendment) (Australia)

Fisheries Regulations (Amendment)

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Statutory Rules 1980 No. 3691

Fisheries Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Fisheries Act 1952.
Dated 11 December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry

References to “authorized areas”
          1.   Regulation 21 of the Fisheries Regulations is amended —
                (a)    by omitting from sub-regulation (1) “, being the agreement”; and
               (b)    by omitting from paragraph (a) of sub-regulation (2) “and E” and substituting “, E, F and G”.
Schedule 3
          2.   Schedule 3 to the Fisheries Regulations is amended —
                (a)    by omitting from ARTICLE I “four” and substituting “eight”;
               (b)    by omitting from ARTICLE IX —
“This Subsidiary Agreement shall enter into force on the first day of November, 1979 and shall remain in force for a period of one year.
IN WITNESS WHEREOF, the undersigned being duly authorized by their respective Governments, have signed this Subsidiary Agreement.
DONE in duplicate at Canberra, this Seventeenth day of October, 1979, in the English language
For the Government of
For the Government of

Australia:
Japan:

PETER NIXON
YOSHIO OKAWARA”

and substituting —
“This Subsidiary Agreement shall enter into force on the first day of November, 1980 and shall remain in force for a period of one year.
IN WITNESS WHEREOF, the undersigned being duly authorized by their respective Governments, have signed this Subsidiary Agreement.
DONE in duplicate at Canberra, this Thirtieth day of October, 1980, in the English language.
For the Government of
For the Government of

Australia:
Japan:

PETER NIXON
MIZUO KURODA”; and

                (c)    by omitting the APPENDIX and substituting the following APPENDIX:
APPENDIX
EXCEPTED AREAS AND TIMES
A.        At all times, the area landward of the line:
         (1)   commencing at the point, Latitude 9º 39' 26" South, Longitude 144º 28' East;
         (2)   thence south to the point, Latitude 9º 54' South, Longitude 144º 28' East;
         (3)   thence south-westerly to the point, Latitude 10º 15' South, Longitude 144º 12' East;
         (4)   thence south-westerly to the point, Latitude 10º 28' South, Longitude 144º 10' East;
         (5)   thence west along the parallel of Latitude 10º 28' South to its intersection with the outer edge of the Great Barrier Reef (Adm. 1039);
         (6)   thence southerly along the outer edge of the Great Barrier Reef to its intersection with the parallel of Latitude 10º 41' South (Adm. 1039);
         (7)   thence east to the point, Latitude 10º 41' South, Longitude 145º East;
         (8)   thence south to the point, Latitude 13º South, Longitude 145º East;
         (9)   thence south-easterly to the point, Latitude 15º South, Longitude 146º East;
       (10)   thence southerly to the point, Latitude 17º 30' South, Longitude 147º East;
       (11)   thence south-easterly to the point, Latitude 21º South, Longitude 152º 55' East;
       (12)   thence southerly to the point, Latitude 24º 30' South, Longitude 154º East;
       (13)   thence west along the parallel of Latitude 24º 30' South to its intersection with the 200-metre isobath (Aus. 4602);
       (14)   thence southerly along that isobath to its intersection with the parallel of Latitude 32º 45' South;
       (15)   thence west along the parallel of Latitude 32º 45' South to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
       (16)   thence southerly along that line to its intersection with the parallel of Latitude 34º South;
       (17)   thence east to the point, Latitude 34º South, Longitude 152º East;
       (18)   thence south to the point, Latitude 37º South, Longitude 152º East;
       (19)   thence southerly to the point, Latitude 39º South, Longitude 151º East;
       (20)   thence south to the point, Latitude 40º South, Longitude 151º East;
       (21)   thence west along the parallel of Latitude 40º South to its intersection with the 200-metre isobath at the western approach to Bass Strait (Aus. 4601);
       (22)   thence north-westerly along that isobath to its intersection with the meridian of Longitude 140º East (Aus. 4601, 4709);
       (23)   thence north along the meridian of Longitude 140º East to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
       (24)   thence north-westerly and westerly along that line to its first intersection with the line every point on which is 50 nautical miles seaward from the South Neptunes Lighthouse (Aus. 4709);
       (25)   thence westerly, north-westerly and northerly along that line to its intersection with the parallel of Latitude 35º South;
       (26)   thence west along the parallel of Latitude 35º South to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured, east of Albany;
       (27)   thence westerly, northerly and north-easterly along that line to its intersection with the meridian of Longitude 127º East;
       (28)   thence easterly to the point, Latitude 13º 21' South, Longitude 129º 40' East;
       (29)   thence north to the point, Latitude 10º 30' South, Longitude 129º 40' East;
       (30)   thence east to the point, Latitude 10º 30' South, Longitude 133º 16' East;
       (31)   thence south to the point, Latitude 11º South, Longitude 133º 16' East;
       (32)   thence south-easterly to the point, Latitude 11º 25' South, Longitude 134º 15' East;
       (33)   thence east to the point, Latitude 11º 25' South, Longitude 135º 10' East;
       (34)   thence north-easterly to the point, Latitude 11º 05' South, Longitude 136º 10' East;
       (35)   thence north-easterly to the point, Latitude 10º 30' South, Longitude 136º 40' East;
       (36)   thence south-easterly to the point, Latitude 11º South, Longitude 137º 05' East;
       (37)   thence south to the point, Latitude 11º 47' South, Longitude 137º 05' East;
       (38)   thence easterly to the point, Latitude 11º 10' South, Longitude 141º East;
       (39)   thence north to the point, Latitude 10º 22' 44" South, Longitude 141º East;
       (40)   thence north-easterly to the point, Latitude 9º 46' South, Longitude 142º East;
       (41)   thence easterly to the point, Latitude 9º 45' 24" South, Longitude 142º 03' 30" East;
       (42)   thence north to the point, Latitude 9º 15' 43" South, Longitude 142º 03' 30" East;
       (43)   thence north-easterly to the point, Latitude 9º 12' 50" South, Longitude 142º 06' 25" East;
       (44)   thence north-easterly to the point, Latitude 9º 11' 51" South, Longitude 142º 08' 33" East;
       (45)   thence easterly to the point, Latitude 9º 11' 58" South, Longitude 142º 10' 18" East;
       (46)   thence easterly to the point, Latitude 9º 11' 22" South, Longitude 142º 12' 54" East;
       (47)   thence easterly to the point, Latitude 9º 11' 34" South, Longitude 142º 14' 08" East;
       (48)   thence south-easterly to the point, Latitude 9º 13' 53" South, Longitude, 142º 16' 26" East;
       (49)   thence south-easterly to the point, Latitude 9º 16' 04" South, Longitude 142º 20' 41" East;
       (50)   thence south-easterly to the point, Latitude 9º 22' 04" South, Longitude 142º 29' 41" East;
       (51)   thence easterly to the point, Latitude 9º 21' 48" South, Longitude 142º 31' 29" East;
       (52)   thence south-easterly to the point, Latitude 9º 22' 33" South, Longitude 142º 33' 28" East;
       (53)   thence north-easterly to the point, Latitude 9º 21' 25" South, Longitude 142º 35' 29" East;
       (54)   thence easterly to the point, Latitude 9º 20' 21" South, Longtitude 142º 41' 43" East;
       (55)   thence easterly to the point, Latitude 9º 20' 16" South, Longitude 142º 43' 53" East;
       (56)   thence easterly to the point, Latitude 9º 19' 26" South, Longitude 142º 48' 18" East, on the line every point on which is 3 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
       (57)   thence easterly, south-easterly and southerly along that line to the point, Latitude 9º 23' 40" South, Longitude 142º 51' East;
       (58)   thence south to the point, Latitude 9º 40' 30" South, Longitude 142º 51' East;
       (59)   thence easterly to the point, Latitude 9º 40' South, Longitude 143º East;
       (60)   thence north-easterly to the point, Latitude 9º 33' South, Longitude 143º 05' East;
       (61)   thence east to the point, Latitude 9º 33' South, Longitude 143º 20' East;
       (62)   thence north-easterly to the point, Latitude 9º 24' South, Longitude 143º 30' East;
       (63)   thence easterly to the point, Latitude 9º 22' South, Longitude 143º 48' East;
       (64)   thence easterly to the point, Latitude 9º 30' South, Longitude 144º 15' East; and
       (65)   thence south-easterly to the point of commencement.
B.         At all times, the area bounded by the line:
         (1)   commencing at the point, Latitude 18º 43' 16" South, Longitude 149º East;
         (2)   thence north-westerly to the point, Latitude 17º 30' South, Longitude 147º East;
         (3)   thence northerly to the point, Latitude 15º South, Longitude 146º East;
         (4)   thence north-westerly to the point, Latitude 13º South, Longitude 145º East;
         (5)   thence north to the point, Latitude 12º South, Longitude 145º East;
         (6)   thence south-easterly to the point, Latitude 14º South, Longitude 147º East;
         (7)   thence south-easterly to the point, Latitude 17º South, Longtiude 149º East; and
         (8)   thence south to the point of commencement.
C.         At all times, the areas, other than the excepted areas described in paragraph A and paragraph B of this Appendix, within 12 nautical miles seaward of the baselines from which the breadth of the territorial sea is measured.
D.        From 30 September to 31 March at 1600 hours GMT on each of those days (equivalent to midnight Australian Western Standard Time), the area bounded by the line:
         (1)   commencing, south of Australia, at the point on the meridian of Longitude 120º East which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
         (2)   thence north to the point, Latitude 35º South, Longitude 120º East;
         (3)   thence east to the point, Latitude 35º South, Longitude 130º East;
         (4)   thence south along the meridian of Longitude 130º East to its intersection with the line every point on which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured; and
         (5)   thence south-westerly along that line to the point of commencement.
E.         From 30 June to 31 March at 1430 hours GMT on each of those days (equivalent to midnight Australian Central Standard Time), the area bounded by the line:
         (1)   commencing, south of Australia, at the point on the meridian of Longitude 130º 05' East which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
         (2)   thence north to the point, Latitude 35º South, Longitude 130º 05' East;
         (3)   thence east along the parallel of Latitude 35º South to its intersection with the line every point on which is 50 nautical miles seaward from the South Neptunes Lighthouse (Aus. 4709);
         (4)   thence southerly, south-easterly and easterly along that line to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
         (5)   thence easterly and south-easterly along that line to its intersection with the meridian of Longitude 140º East;
         (6)   thence south along the meridian of Longitude 140º East to its intersection with the line every point on which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured; and
         (7)   thence north-westerly along that line to the point of commencement.
F.         From 15 September to 31 March at 1400 hours GMT on each of those days (equivalent to midnight Australian Eastern Standard Time), the area bounded by the line:
         (1)   commencing at the point, Latitude 39º South, Longitude 151º East;
         (2)   thence northerly to the point, Latitude 37º South, Longitude 151º East;
         (3)   thence north to the point, Latitude 34º South, Longitude 152º East;
         (4)   thence east along the parallel of Latitude 34º South to its intersection with the line every point on which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
         (5)   thence southerly along that line to its intersection with the parallel of Latitude 39º South; and
         (6)   thence west to the point of commencement.
G.         From 31 August to 30 April at 1400 hours GMT on each of those days (equivalent to midnight Australian Eastern Standard Time), the area bounded by the line:
         (1)   commencing, east of Australia, at the intersection of the parallel of Latitude 34º South with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
         (2)   thence northerly along that line to its intersection with the parallel of Latitude 32º 45' South;
         (3)   thence east along the parallel of Latitude 32º 45' South to its intersection with the 200-metre isobath (Aus. 4602);
         (4)   thence southerly along that isobath to its intersection with the parallel of Latitude 34º South (Aust. 4602); and
         (5)   thence west to the point of commencement.
Schedule 4
          3.   Schedule 4 to the Fisheries Regulations is repealed and the following Schedule substituted:
Schedule 4
AUTHORIZED AREA OF THE AUSTRALIAN FISHING ZONE FOR TAIWANESE VESSELS
            The area of the Australian fishing zone generally north and west of Australia within the area bounded by an imaginary line —
         (1)   commencing at the point of intersection of the parallel 21º 00' south latitude by the outer limit of the Australian Fishing Zone;
         (2)   thence east along that parallel to a point that is 12 nautical miles seaward of the baseline from which the breadth of the territorial limits are measured;
         (3)   thence generally north-easterly along a line on which every point is 12 nautical miles seaward of that baseline to its intersection by the meridian 117º 00' east longitude;
         (4)   thence north along that meridian to a point that is 25 nautical miles seaward of that baseline;
         (5)   thence generally north-easterly along a line on which every point is 25nautical miles seaward of that baseline to its intersection by the meridian 123º 00' east longitude;
         (6)   thence south along that meridian to a point that is 12 nautical miles seaward of that baseline;
         (7)   thence generally north-easterly along a line on which every point is 12 nautical miles seaward of that baseline to its intersection by the meridian 127º 00' east longitude;
         (8)   thence north-easterly along the rhumb line to the point 13º 21' south latitude, 129º 40' east longitude;
         (9)   thence north along the meridian 129º 40' east longitude to its intersection by the parallel 10º 30' south latitude;
       (10)   thence east along the parallel 10º 30' south latitude to its intersection by the meridian 133º 16' east longitude;
       (11)   thence south along the meridian 133º 16' east longitude to its intersection by the parallel 11º 00' south latitude;
       (12)   thence south-easterly along the rhumb line to the point 11º 25' south latitude, 134º 15' east longitude;
       (13)   thence east along the parallel 11º 25' south latitude to its intersection by the meridian 135º 35' east longitude;
       (14)   thence north-easterly along the rhumb line to the point 11º 05' south latitude, 136º 10' east longitude;
       (15)   thence north-easterly along the rhumb line to the point 10º 30' south latitude, 136º 40' east longitude;
       (16)   thence south-easterly along the rhumb line to the point 11º 00' south latitude, 137º 05' east longitude;
       (17)   thence south along the meridian 137º 05' east longitude to its intersection by the parallel 11º 47' south latitude;
Schedule 4—continued
       (18)   thence north-easterly along the rhumb line to the point 11º 10' south latitude, 141º 00' east longitude;
       (19)   thence north along the meridian 141º 00' 00" east longitude to its intersection by the parallel 10º 22' 44" south latitude; and
       (20)   thence generally south-westerly along the outer limits of the Australian Fishing Zone, to the point of commencement,
with the exception of waters within 12 nautical miles of the baseline of islands within the area.
Notes
1.       Notified in the Commonwealth of Australia Gazette on 18 December 1980.
2.       Statutory Rules 1954 No. 116 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 13 and see also Statutory Rules 1980 Nos. 13 and 279.