Commonwealth Numbered Regulations

FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 3 - SCHEDULE 1

(regulation 3)

[1] Regulation 19A

omit

[2] After Part 11

insert

Part 12 Incidental catch of seabirds
Division 1 Longline fishing in southern waters
68 Application

This Division applies to:

(a)

Australian boats south of the parallel of latitude 30° south; and

(b)

foreign boats in the AFZ south of the parallel of latitude 30° south.

69 Tori poles

A person must not set a pelagic, or drifting, longline from a boat (other than a boat exempted under regulation 71) unless a tori pole apparatus (as described in Schedule 3D) is attached to the boat for each point at which hooks enter the water.

Penalty:
10 penalty units.

70 Line setting

(1)

A person must not set a pelagic, or drifting, longline from a boat (other than a boat exempted under regulation 71) unless:

(a)

all baits attached to the longline are set after nautical dusk on a day and before nautical dawn on the following day; and

(b)

only thawed baits are attached to the hooks.

Penalty:
10 penalty units.

(2)

In this regulation:

"ideal horizon", for a place at sea level, means the notional horizon that would be seen from the place if the earth's surface around the place were also at sea level.

"nautical dawn", for a place, means the time at sunrise when the centre of the sun is at a depression angle of 12° below the ideal horizon for the place.

"nautical dusk", for a place, means the time at sunset when the centre of the sun is at a depression angle of 12° below the ideal horizon for the place.

71 Exemptions

(1)

Regulation 69 does not apply to a boat if the operator of the boat is:

(a)

the holder of a fishing concession that contains a condition exempting the holder from complying with regulation 69; or

(b)

the holder of a scientific permit granted for the purpose of testing alternative measures to minimise the risk of incidental catch of seabirds.

(2)

AFMA may include a condition in a fishing concession exempting the holder of the concession from complying with regulation 69 only if the concession is for a boat with an overall length less than 20 metres.

(3)

Regulation 70 does not apply to a boat if the operator of the boat is the holder of a scientific permit granted for the purpose of testing alternative measures to minimise the risk of incidental catch of seabirds.

(4)

If a fishing concession or scientific permit mentioned in subregulation (1), or a scientific permit mentioned in subregulation (3), requires the holder of the concession or permit to take alternative action to minimise the risk of incidental catch of seabirds, the holder must take that action.

Penalty:
10 penalty units.

Division 2 Longline fishing in northern waters
72 Application

This Division applies to boats in the AFZ north of the parallel of latitude 30° south.

73 Tori poles

A person must not set a pelagic, or drifting, longline from a boat (other than a boat exempted under regulation 74) unless a tori pole apparatus (as described in Schedule 3D) is carried in the boat for each point at which hooks enter the water.

Penalty:
10 penalty units.

74 Exemptions

(1)

Regulation 73 does not apply to a boat if the operator of the boat is:

(a)

the holder of a fishing concession that contains a condition exempting the holder from complying with regulation 73; or

(b)

the holder of a scientific permit granted for the purpose of testing alternative measures to minimise the risk of incidental catch of seabirds.

(2)

AFMA may include a condition in a fishing concession exempting the holder of the concession from complying with regulation 73 only if the concession is for a boat with an overall length less than 20 metres.

(3)

If a fishing concession or scientific permit mentioned in subregulation (1) requires the holder of the concession or permit to take alternative action to minimise the risk of incidental catch of seabirds, the holder must take that action.

Penalty:
10 penalty units.

Division 3 Discharge of offal
75 Application

This Division applies to:

(a)

Australian boats; and

(b)

foreign boats in the AFZ.

76 When a person may discharge offal

(1)

A person must not discharge offal from a boat while the crew of the boat are setting:

(a)

a pelagic, or drifting, longline; or

(b)

a demersal longline; or

(c)

a trotline; or

(d)

a dropline.

Penalty:
10 penalty units.

(2)

A person must not discharge offal from a boat (other than a boat exempted under regulation 77) while the crew of the boat are hauling a line mentioned in subregulation (1).

Penalty:
10 penalty units.

(3)

However, if it is not practical to store offal on the boat until the crew has finished hauling the line, a person may discharge the offal during hauling:

(a)

while the vessel is not under way; and

(b)

from the opposite side of the vessel to that where the line is being hauled.

77 Exemptions

(1)

Subregulation 76 (2) does not apply to a boat if the operator of the boat is:

(a)

the holder of a fishing concession that contains a condition exempting the holder from complying with subregulation 76 (2); or

(b)

the holder of a scientific permit granted for the purpose of testing alternative measures to minimise the risk of incidental catch of seabirds.

(2)

AFMA may include a condition in a fishing concession exempting the holder of the concession from complying with subregulation 76 (2) only if the concession is for a boat with an overall length less than 20 metres.

(3)

Also, if a fishing concession or scientific permit mentioned in subregulation (1) requires the holder of the concession or permit to take alternative action to minimise the risk of incidental catch of seabirds, the holder must take that action.

Penalty:
10 penalty units.

[3] Schedule 3D, heading

substitute

Schedule 3D Tori pole apparatus — construction and mounting

(regulations 69 and 73)