Commonwealth Numbered Regulations

FISHERIES MANAGEMENT AMENDMENT REGULATIONS 1999 (No. 1) 1999 No. 22 - SCHEDULE

Schedule 1 Amendments
(regulation 3) (1) Regulation 1
substitute 1 Name of regulations
These regulations are the Fisheries Management Regulations 1992. (2)
Subregulation 3 (1), definition of relevant offence, paragraph (b)
omit
Part 9 of these Regulations;
insert
Part 9 or 11. (3) Subregulation 4AA (1)
omit
subregulation (4)
insert
subregulation (3) (4) Regulation 8A
omit (5) After regulation 46
insert Part 11 By-catch restrictions Division 1 Preliminary 47 Definitions
In this Part: crustacean means any species of the phylum Crustacea. finfish
means fish of the class Osteichthyes. mollusc means any invertebrate of the
phylum Mollusca. northern waters means the area described in Part 1 of
Schedule 5. South Australian waters means the area described in Division 2 of
Part 1 of Schedule 6. Southern waters means Victorian waters, South Australian
waters and Tasmanian waters. Tasmanian waters means the area described in
Division 3 of Part 1 of Schedule 6. trip means a voyage by boat that:

   (a)  begins at a place on, or within, the coastline of Australia; and

   (b)  continues to and from, or through, northern, Victorian, South
        Australian or Tasmanian waters; and

   (c)  ends (whether or not the boat calls at a place outside Australia) at a
        place on, or within, the coastline of Australia. tuna means fish:

   (a)  of the family Scombridae (commonly known as tuna and tuna-like fish),
        except fish of the genera Scomberomorus, Scomber, Acanthocybium,
        Grammatorcynus and Rastrelliger (commonly known as mackerel); and

   (b)  of the families Istiophoridae and Xiphiidae (commonly known as
        billfish); and

   (c)  of the family Bramidae (commonly known as pomfrets or rays bream).
        Victorian waters means the area described in Division 1 of Part 1 of
        Schedule 6. 48 Interpretation

(1) For this Part, fish on a boat at the end of a trip are taken to have been
taken during the trip.

(2) For this Part, a king crab is taken to be a giant crab.

(3) For this Part, the weight of a fish is taken to be the weight of the whole
fish before it is processed.

(4) In this regulation: processed does not include frozen. Division 2 By-catch
limits for Northern waters 49 Application of Division
This Division applies to the holder of a fishing concession that authorises
the use of a boat for taking tuna in northern waters. 50 By-catch limits

(1) On a trip, the holder must not take fish of a species mentioned in Part 2
of Schedule 5 from northern waters unless:

   (a)  the fish are taken as by-catch; and

   (b)  the holder does not take more than:

        (i)    2 fish of a species mentioned in Division 1 of that Part; and

        (ii)   10 fish of a species mentioned in Division 2 of the Part; and

        (iii)  20 fish of a species mentioned in Division 3 of the Part.
               Penalty: 10 penalty units.

(2) However, the limitation in subparagraph (1) (b) (i) does not apply to
black kingfish (Rachycentron canadus) that are taken as by- catch from
northern waters west of the meridian of longitude 129 degrees east. Division 3
By-catch limits for Victorian waters 51 Application of Division
This Division applies to the holder of a fishing concession that authorises
the use of a boat for fishing in Victorian waters. 52 Crustaceans

(1) On a trip, the holder must not take crustaceans from Victorian waters
unless:

   (a)  the crustaceans are taken as by-catch; and

   (b)  the holder does not take more than 50 kilograms of crustaceans.
        Penalty: 10 penalty units.

(2) However, the holder must not take from the waters any:

   (a)  rock lobsters (family Palinuridae); or

   (b)  school prawns (Metapenaeus macleayi); or

   (c)  eastern king prawns (Penaeus plebejus). Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take from the waters more than:

   (a)  5 giant crabs; or

   (b)  10 kilograms of bay bugs (family Scyllaridae). Penalty: 10 penalty
        units. 53 Molluscs

(1) On a trip, the holder must not take molluscs from the waters unless:

   (a)  the molluscs are taken as by-catch; and

   (b)  the holder does not take more than 50 kilograms of molluscs. Penalty:
        10 penalty units.

(2) However, the holder must not take any abalone (family Haliotidae) from the
waters. Penalty: 10 penalty units. 54 Finfish

(1) On a trip, the holder must not take finfish from the waters unless:

   (a)  the finfish are taken as by-catch; and

   (b)  the holder does not take more than 200 kilograms of finfish. Penalty:
        10 penalty units.

(2) However, the holder must not take any finfish of a species mentioned in
Division 2 of Part 3 of Schedule 6 from the waters. Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take from the waters more than:

   (a)  10 yellowtail kingfish (Seriola lalandi); or

   (b)  20 kilograms of striped trumpeter (Latris lineata); or

   (c)  50 kilograms of snapper (Pagrus auratus). Penalty: 10 penalty units.
        Division 4 By-catch limits for South Australian waters 55 Application
        of Division
This Division applies to the holder of a fishing concession that authorises
the use of a boat for fishing in South Australian waters. 56 Crustaceans

(1) On a trip, the holder must not take crustaceans from South Australian
waters unless:

   (a)  the crustaceans are taken as by-catch; and

   (b)  the holder does not take more than 50 kilograms of crustaceans.
        Penalty: 10 penalty units.

(2) However, the holder of the concession must not take from the waters any:

   (a)  rock lobsters (family Palinuridae); or

   (b)  king crabs (Pseudocarcinus gigas). Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take any prawns, except prawns of a
species mentioned in Part 2 of Schedule 6, from the waters. Penalty: 10
penalty units. 57 Molluscs

(1) On a trip, the holder must not take molluscs from the waters unless:

   (a)  the molluscs are taken as by-catch; and

   (b)  the holder does not take more than 500 kilograms of molluscs. Penalty:
        10 penalty units.

(2) However, the holder must not take from the waters any:

   (a)  abalone (family Haliotidae); or

   (b)  scallops (family Pectinidae). Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take more than 50 kilograms of
specimen shells or shellfish (class Gastropoda) from the waters. Penalty: 10
penalty units. 58 Finfish

(1) On a trip, the holder must not take finfish from the waters unless:

   (a)  the finfish are taken as by-catch; and

   (b)  the holder does not take more than 200 kilograms of finfish. Penalty:
        10 penalty units.

(2) However, the holder must not take any finfish of a species mentioned in
Division 1 of Part 3 of Schedule 6 from the waters. Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take from the waters more than:

   (a)  10 yellowtail kingfish (Seriola lalandi); or

   (b)  20 kilograms of finfish of a species mentioned in Division 3 of Part 3
        of Schedule 6; or

   (c)  50 kilograms of finfish of a species mentioned in Division 4 of Part 3
        of Schedule 6. Penalty: 10 penalty units. Division 5 By-catch limits
        for Tasmanian waters 59 Application of Division
This Division applies to the holder of a fishing concession that authorises
the use of a boat for fishing in Tasmanian waters. 60 Crustaceans

(1) On a trip, the holder must not take crustaceans from Tasmanian waters
unless:

   (a)  the crustaceans are taken as by-catch; and

   (b)  the holder does not take more than 50 kilograms of crustaceans.
        Penalty: 10 penalty units.

(2) However, the holder must not take from the waters any:

   (a)  rock lobsters (family Palinuridae); or

   (b)  prawns, except prawns of a species mentioned in Part 2 of Schedule 6.
        Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take more than 5 giant crabs from the
waters. Penalty: 10 penalty units. 61 Molluscs

(1) On a trip, the holder must not take molluscs from the waters unless:

   (a)  the molluscs are taken as by-catch; and

   (b)  the holder does not take more than 500 kilograms of molluscs. Penalty:
        10 penalty units.

(2) However, the holder must not take from the waters any:

   (a)  abalone (family Haliotidae); or

   (b)  limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea
        and Siphonariacea). Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take more than 50 kilograms of
specimen shells and shellfish (class Gastropoda) from the waters. Penalty: 10
penalty units. 62 Finfish

(1) On a trip, the holder must not take finfish from the waters unless:

   (a)  the finfish are taken as by-catch; and

   (b)  the holder does not take more than 200 kilograms of finfish. Penalty:
        10 penalty units.

(2) However, the holder must not take any finfish of a species mentioned in
Division 1 of Part 3 of Schedule 6 from the waters. Penalty: 10 penalty units.

(3) Also, on a trip, the holder must not take from the waters more than:

   (a)  10 yellowtail kingfish (Seriola lalandi); or

   (b)  20 kilograms of finfish of a species mentioned in Division 3 of Part 3
        of Schedule 6; or

   (c)  50 kilograms of finfish of a species mentioned in Division 4 of Part 3
        of Schedule 6. Penalty: 10 penalty units. 63 Other species
The holder must not take any fish of a species mentioned in Part 4 of Schedule
6 from the waters. Penalty: 10 penalty units. (6) Schedules 3A, 3B and 3C
omit (7) After Schedule 4
insert Schedule 5 By-catch Ñ northern waters
(regulations 47 and 50) Part 1 Northern waters
That part of the AFZ that is within the area bounded by a notional line:

   (a)  beginning at the point of intersection of the southern coastline of
        Australia and the meridian of longitude 129 degrees east; and

   (b)  running progressively:
. south along that meridian to the outer limit of the AFZ; and
. generally westerly, northerly, easterly and southerly along that outer limit
to its second intersection with the parallel of latitude 28 degrees 10' south;
and
. west along that parallel to its intersection with the eastern coastline of
Australia at the border of Queensland and New South Wales; and
. generally northerly, westerly, southerly and easterly along that coastline
to the point where the line began. Part 2 Various species Division 1

Common name                    Scientific name
Amberjack                      Seriola dumerili
Black kingfish                 Rachycentron canadus
Yellowtail kingfish            Seriola lalandi
Division 2

Common name                    Scientific name
Australian bonito              Sardi australis
Australian spotted mackerel    Scomberomorus munroi
Bar cod                        Polyprion moeone
Blue eye trevalla              Hyperoglyphe antarctica
Cod                            Family Serranidae
Dog toothed tuna               Gymnosarda unicolor
Dolphinfish                    Coryphaena hippurus
Emperor                        Families Lethrinidae and Lutjanidae
Frigate mackerel               Auxis thazard
Grouper                        Family Serranidae
Hapuka                         Polyprion oxygeneios
Leaping bonito                 Cybiosarda elegans
Mackerel tuna                  Euthynnus affinis
Oriental bonito                Sarda orientalis
Rainbow runner                 Elagatis bipinnulata
Rake gilled mackerel           Rastrelliger kanagurta
Shark mackerel                 Grammatorcynus bicarinatus
Snapper                        Pagrus auratus
Spanish mackerel               Scomberomorus commerson
Trevally                       Family Carangidae (except genus 
Seriola)
Tropical snapper               Families Lethrinidae and Lutjanidae

Tuskfish                       Family Labridae

Wrasse                         Family Labridae
Division 3

Common name                    Scientific name
Butterfly mackerel             Gasterochisma melampus
Shark                          Subclass Elasmobranchii and Family 
Serranidae
Slender tuna                   Allothunnus fallai

Wahoo                          Acanthocybium solandri
Schedule 6 By-catch Ñ southern waters
(regulations 54, 56, 58, 60, 62 and 63) Part 1 Areas of application Division 1
Victorian waters

(1) The area of water bounded by a notional line:

   (a)  beginning at the intersection of the coastline at mean low water mark
        with the border between New South Wales and Victoria; and

   (b)  running progressively:
. south easterly along the geodesic towards a point of latitude 37 degrees 35'
south, longitude 150 degrees 10' east to its intersection with a line parallel
to, and 3 nautical miles distant from, the coastline at mean low water mark;
and
. along that line to its intersection with the geodesic which is a
continuation of the landward border between New South Wales and Victoria; and
. south easterly along the geodesic to its intersection with the outer limit
of the AFZ; and
. generally southerly along that outer limit to its intersection with the
parallel of latitude 39 degrees 12' south; and
. westerly along the parallel to its intersection with the meridian of
longitude 143 degrees 40' east; and
. southerly along the meridian to the parallel of latitude 40 degrees 00'
south; and
. westerly along the parallel to its intersection with the meridian of
longitude 140 degrees 57.9' east; and
. northerly along that meridian to its intersection with the coastline at mean
low water mark; and
. along the coastline of Victoria at mean low water mark to the point where
the line began; but excluding:
. the area known as Wilson's Promontory Marine Reserve as set out in Part 1 of
Schedule 4 of the National Parks Act; and
. the area known as Wilson's Promontory Marine Park as set out in Part 2 of
Schedule 4 of that Act; and
. the area known as Bunurong Marine Park as set out in Part 7 of Schedule 4 of
that Act; and
. the area known as Harold Holt Marine Reserves (Point Nepean Reserve) as
proclaimed in the Harold Holt Marine Reserves Proclamation 1979; and
. the area known as Harold Holt Marine Reserves (Point Lonsdale Reserve) as
proclaimed in that Proclamation.

(2) In this Division: National Parks Act means the National Parks Act 1975 of
Victoria as in force on the commencement of these regulations. Note The Harold
Holt Marine Reserves Proclamation 1979 was published in the Victoria
Government Gazette No. 11, dated 7 February 1979. Division 2 South Australian
waters
The area of water bounded by a notional line:

   (a)  beginning at a point on the meridian of longitude 140 degrees 57.9'
        east that is the intersection of the coastline at mean low water mark
        with the border between South Australia and Victoria; and

   (b)  running progressively:
. south along the meridian to its intersection with the outer limit of the
AFZ; and
. west along that outer limit to its intersection with the meridian of
longitude 129 degrees east; and
. north along the meridian to its intersection with the parallel of latitude
31 degrees 45' south; and
. north along the geodesic to the intersection of the coastline at mean low
water mark with the border between South Australia and Western Australia; and
. along the coastline of South Australia at mean low water mark to the point
where the line began. Division 3 Tasmanian waters
The area of waters bounded by a notional line:

   (a)  beginning at the point of latitude 40 degrees south, longitude 140
        degrees 57.9' east; and

   (b)  running progressively:
. south along the meridian of longitude 140 degrees 57.9' east to its
intersection with the outer limit of the AFZ; and
. generally southerly, easterly and northerly along that outer limit to its
intersection with the parallel of latitude 39 degrees 12' south; and
. west along that parallel to its intersection with the meridian of longitude
143 degrees 40' east; and
. south along that meridian to its intersection with the parallel of latitude
40 degrees south; and
. west along that parallel to the point where the line began. Part 2 Prawns

Common name                  Scientific name
Deepwater prawn              Haliporoides cristatus
Prawn                        Genus Aristeus
Red prawn                    Aristeomorpha foliacea
Royal red prawn              Haliporoides sibogae
Scarlet prawn                Plesiopenaeus edwardsianus
Part 3 Finfish Division 1

Common name                  Scientific name
Australian anchovy           Engraulis australis
Australian salmon/Tommy ruff Genus Arripis
Banded morwong               Nemodactylus spectabilis

Black bream                  Acanthopagrus butcheri

Blue sprat                   Spratelloides robustus

Dusky morwong                Dactylophora nigricans

Garfish                      Hyporhamphus melanochir

Grassy (rock) flathead       Platycephalus laevigatus

King gar                     Scomberesox forsteri

King George whiting          Sillaginodes punctata

Luderick                     Girrella tricuspidata

Magpie morwong               Cheilodactylus nigripes

Mulloway                     Argyrosomus hololepidotus

Pilchard                     Sardinops neopilchardus

Red mullet                   Upeneichthys vlamingii

Sea sweep                    Scorpis aequipinnis

Snook                        Sphyraena novaehollandiae

Sprat                        Clupea bassensis

Wrasse                       Family Labridae

Yellow eye mullet            Aldrichetta forsteri

Yellow-finned whiting        Sillago schomburgkii
Division 2

Common name                  Scientific name
Australian anchovy           Engraulis australis
Australian salmon            Genus Arripis
Blue sprat                   Spratelloides robustus
King George whiting          Sillaginodes punctata
Pilchard                     Sardinops neopilchardus
Sprat                        Clupea bassensis
Wrasse                       Family Labridae
Division 3

Common name                  Scientific name
Bastard trumpeter            Latridopsis forsteri
Striped trumpeter            Latris lineata
Division 4

Common name                  Scientific name
Blue groper                  Achoerodus gouldii
Snapper                      Pagrus auratus
Part 4 Other species

Common name                  Scientific name
Handfish                     Family Brachionichthyidae
Great White Shark            Carcharodon carcharias
Seahorses and Pipefish       Family Sygnathidae
Three-finned blennies        Family Tripterygiidae