Fisheries Management Regulations 1992

Part 1—Preliminary

1 Name of Regulations

These Regulations are the Fisheries Management Regulations 1992.

3 Interpretation

(1) In these Regulations, unless the contrary intention appears:

Act means the Fisheries Management Act 1991.

Australian port means a port in Australia or an external Territory.

authorised area, in relation to a foreign boat, means an area in the AFZ in which the boat may be used to take, process or carry fish under a foreign fishing licence.

boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:

(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Northern Prawn Fishery Management Plan 1995;
(c) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(d) the Western Tuna and Billfish Fishery Management Plan 2005.

coast radio station means an Australian coast radio station operated by the Overseas Telecommunications Corporation or the Australian and Overseas Telecommunications Corporation.

concession holder means the holder of a licence, permit or right that is a fishing concession.

declared fishery means a fishery in respect of which AFMA has published a declaration under subsection 91(1) of the Act.

designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:

(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002;
(b) the Heard Island and McDonald Islands Fishery Management Plan 2002;
(c) the Macquarie Island Toothfish Fishery Management Plan 2006;
(d) the Small Pelagic Fishery Management Plan 2009;
(e) the Southern Bluefin Tuna Fishery Management Plan 1995.

free area, in relation to an applicant for, or the holder of, a fishing permit, means a part of a fishery:

(a) to which the permit applies; and
(b) in relation to which section 7 of the Fisheries Legislation (Consequential Provisions) Act 1991 does not apply.

gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under any of the following:

(a) the Northern Prawn Fishery Management Plan 1995;
(b) the Southern Squid Jig Fishery Management Plan 2005.

nominated boat, in relation to a fishing concession, means a boat that has been nominated for the fishing concession in accordance with regulation 9B.

operating, in relation to a vessel monitoring system, means sending a signal that:

(a) is in a format that has been approved by AFMA; and
(b) identifies accurately the location of the vessel monitoring system.

provision subject to an infringement notice means section 93, 95 or 100 of the Act.

quota statutory fishing right means a right described in paragraph 21(1)(a) of the Act.

Southern Bluefin Tuna has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.

Subsidiary Agreement means the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long‑line Fishing signed on 10 December 1991 and published by the Department.

tender means a tender for the grant of a fishing right.

vessel monitoring system has the meaning given by subsection 167B(4) of the Act.

(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66). (3) In these Regulations, unless the contrary intention appears, a reference to a fishery mentioned in regulation 4B is a reference to the fishery so mentioned.

Part 2—Application of Act to areas outside the AFZ

4 Antarctic waters

For subsection 8(1) of the Act, the Act applies in relation to all waters within 200 nautical miles outwards of the baseline by reference to which the territorial limits of the Australian Antarctic Territory are defined under international law, to: (a) Australian citizens; and (b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and (c) Australian boats; and (d) persons on board Australian boats.

4AA High seas fishing zone—Southern Bluefin Tuna

(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (3) that is outside the AFZ (the high seas fishing zone), to: (a) Australian citizens; and (b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and (c) Australian boats; and (d) persons on board Australian boats. (2) However, the Act does not apply in relation to the high seas fishing zone to any of those persons or boats that are not fishing Southern Bluefin Tuna (Thunnus maccoyii) or Northern Bluefin Tuna (Thunnus thynnus). (3) The area of waters is the area bounded by a line: (a) beginning at the equator at its intersection with the meridian of longitude 50 west; and (b) running: (i) from there east along the equator, to its intersection with the meridian of longitude 140 west; and (ii) from there south along that meridian to its intersection with the parallel of latitude 60 south; and (iii) from there west along that parallel to its intersection with the meridian of longitude 50 west; and (iv) from there north along that meridian to the point where the line began.

Note: To find out where the outer limits of the AFZ are, see the definition of Australian fishing zone in subsection 4(1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.

4AB Convention on the Conservation of Antarctic Marine Living Resources sub‑area 58.5.2

(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (2) that is outside the AFZ, to: (a) Australian citizens; and (b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and (c) Australian boats; and (d) persons on board Australian boats. (2) The area of waters is the area bounded by a line: (a) beginning at latitude 55 south, longitude 60 east; and (b) running: (i) from there north along the meridian of longitude 60 east to its intersection with the parallel of 53 14' south; and (ii) from there generally east south‑easterly along the geodesic to latitude 53 14 07 south, longitude 67 03' 20" east; and (iii) from there north‑easterly along the geodesic to latitude 52 42' 28" south, longitude 68 05' 31" east; and (iv) from there north‑easterly along the geodesic to latitude 51 58' 18" south, 69 44' 02" east; and (v) from there north‑easterly along the geodesic to latitude 51 24' 32" south, longitude 71 12' 29" east; and (vi) from there north‑easterly along the geodesic to latitude 51 03' 09" south, longitude 72 28' 28" east; and (vii) from there north‑easterly along the geodesic to latitude 50 54' 23" south, longitude 72 49' 21" east; and (viii) from there north‑easterly along the geodesic to latitude 49 49' 34" south, longitude 75 36' 08" east; and (ix) from there north‑easterly along the geodesic to latitude 49 24' 07" south, longitude 76 24' 17" east; and (x) from there east along that parallel to its intersection with the meridian of longitude 80 east; and (xi) from there south along that meridian to its intersection with the parallel of latitude 55 south; and (xii) from there west along that parallel to the point where the line began.

Note: To find out where the outer limits of the AFZ are, see the definition of Australian fishing zone in subsection 4(1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.

4AC South Tasman Rise

(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to: (a) Australian citizens; and (b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and (c) Australian boats; and (d) persons on board Australian boats. (2) The area of waters is the area bounded by a line: (a) beginning at the intersection of the outer limit of the AFZ with the meridian of longitude 150 00' east; and (b) running: (i) from there south along that meridian to its intersection with the parallel of 48 30' south; and (ii) from there west along that parallel to its intersection with the meridian of longitude 146 30' east; and (iii) from there north along that meridian to the intersection with the outer limit of the AFZ; and (iv) from there generally north easterly along that outer limit to the point where the line began.

4AD Further area to which the Convention on the Conservation of Antarctic Marine Living Resources applies

(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to: (a) Australian citizens; and (b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and (c) Australian boats; and (d) persons on board Australian boats. (2) The area of waters is the area bounded by a line beginning
at latitude 62º south, longitude 30º east and running progressively:  east along the parallel of latitude 62º south to its intersection with the meridian of longitude 60º east  north along that meridian to its intersection with the parallel of latitude 55º south  east along that parallel to its intersection with the meridian of longitude 89º east  south along that meridian to its intersection with the parallel of latitude 64º south  west along that parallel to its intersection with the meridian of longitude 80º east  south along that meridian to its intersection with
the baseline by reference to which the territorial limits
of the Australian Antarctic Territory are defined under international law  generally westerly along that baseline to its intersection with the meridian of longitude 30º east  north along that meridian to the point where the line began.

Part 2A—Application of amendments of the Treaty

4A Amendment of the Treaty

For the purposes of subsection 4(7) of the Act, the amendments of the Treaty set out in Schedule 4: (a) have effect for the purposes of the Act; and (b) take effect for the purposes of the Act on 16 June 1993.

Part 2B—Fisheries and described areas

4B Described areas of waters within the AFZ

For the purpose of managing fishing activities in certain areas of the AFZ, the following areas are described.

Note: AFMA may regulate the fishing activities described above by taking actions under certain provisions of the Act, such as sections 32, 33, 34 and 91.

Note to item 2 The area of the Eastern Skipjack Fishery is divided into sub‑areas in Division 2 of Part 2B of Schedule 1A.

Note to item 7 The area of the Western Skipjack Fishery is made up of the sub‑areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A.

4C Eastern Tuna and Billfish Fishery—sectors etc

(1) For the purposes of the management of the Eastern Tuna and Billfish Fishery, the Fishery is taken to be divided into the following sectors: (a) the ML Sector, being commercial fishing for tuna by any method, except pelagic longlining, purse‑seining or poling; or (c) the PL Sector, being commercial fishing for tuna by the poling method; or (d) the PLL (Sub‑area 1) Sector, being commercial fishing for tuna in Sub‑area 1 by the pelagic longlining method; or (e) the PLL (Sub‑area 2) Sector, being commercial fishing for tuna in Sub‑area 2 by the pelagic longlining method; or (f) the PLL (Sub‑area 4) Sector, being commercial fishing for tuna in Sub‑area 4 by the pelagic longlining method; or (g) the PLL (Sub‑area 5) Sector, being commercial fishing for tuna in Sub‑area 5 by the pelagic longlining method; or (h) the PLL (Sub‑area 6) Sector, being commercial fishing for tuna in Sub‑area 6 by the pelagic longlining method; or (i) the PLL (Sub‑area 7) Sector, being commercial fishing for tuna in Sub‑area 7 by the pelagic longlining method; or (j) the PLL (Sub‑area 8) Sector, being commercial fishing for tuna in Sub‑area 8 by the pelagic longlining method; or (k) the PLL (Sub‑area 9) Sector, being commercial fishing for tuna in Sub‑area 9 by the pelagic longlining method; or (ka) the PLL (Sub‑area 10) Sector, being commercial fishing for tuna in Sub‑area 10 by the pelagic longlining method. (2) In subregulation (1), a reference to a Sub‑area by number
is a reference to the Sub‑area of that number described in Division 2 of Part 3 of Schedule 1A. (3) In this regulation, tuna means: (a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish) except: (i) fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and (ii) Southern Bluefin Tuna (Thunnus maccoyii (Castelnau)) and Northern Bluefin Tuna (Thunnus thynnus); and (b) fish of the families Istiophoridae and Xiphiidae (commonly known as billfish); and (c) fish of the family Bramidae (commonly known as pomfrets or rays bream).

Part 2C—Regulation etc. of certain practices

4D Requirements relating to boats used by persons engaged in fishing in the AFZ

(1) For section 14 of the Act, this regulation sets out requirements relating to boats used by persons engaged in fishing in the AFZ. (2) A person commits an offence if: (a) the person uses a boat to engage in a fishing‑related activity in the AFZ; and (b) the boat is more than 130 metres in length.

Penalty: 25 penalty units.

(3) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.