Southern and Eastern Scalefish and Shark Fishery Management Plan 2003
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
7/10 complexity
This Management Plan sets exact legal boundaries for sectors and zones of the Southern and Eastern Scalefish and Shark Fishery (using coordinates, isobaths, radii and specific inclusions/exclusions) and lists the species that are subject to quota. It tells regulators where particular rules apply.
It affects fishers, quota holders and fisheries managers by fixing where fishing rights and obligations attach and which species are regulated. Putting the rules into practice requires mapping, vessel compliance and administrative monitoring.
This instrument defines the spatial structure of a managed Commonwealth fishery and identifies the species that are subject to quota management within that fishery. Mechanically, it does two discrete things, both by means of textual schedules and coordinate-based boundaries.
First, it delineates a hierarchy of geographic units. It defines named Sectors (for example, the Commonwealth South East Trawl Sector, East Coast Deepwater Trawl Sector, Tasmanian Rock Lobster Sector) and multiple Zones within the fishery (Gemfish and deepwater shark eastern/western zones; north‑eastern remote; Cascade Plateau; orange roughy eastern/southern/western; southern remote; South Tasman Rise; GAB eastern, GAB Albany, GAB Esperance). Each area or zone is described either by a sequence of geodetic boundary steps using parallels and meridians of latitude and longitude, by references to other maritime boundaries (for example the outer limit of the AFZ, the outer limit of coastal waters, the 200 metre isobath), by named coastal waters of particular States, or by geometric primitives (a circle with a defined centre and radius). See the area definitions grouped under the headings "Area of Commonwealth South East Trawl Sector" (s 4), "Area of East Coast Deepwater Trawl Sector" (s 5), and so on through the Part 3 Zones of the fishery. The Cascade Plateau zone is an example of a pure geometric definition: a circle centred at 43° 55′ 06″ S, 150° 28′ 11″ E with a radius of 15 nautical miles (Part 3, zone 4).
Second, the instrument specifies a Schedule of "Quota species" (Schedule 2, noted as (section 3) in the source). Schedule 2 lists common names paired with scientific names or family-level descriptions for 34 numbered items (noting an apparent formatting anomaly in the last entries). The Schedule identifies multiple zone‑specific designations for certain species complexes: gemfish is listed as both eastern and western (items 5 and 6), orange roughy is listed across eastern, western, southern and Cascade Plateau instances (items 17-20 and 28), and deepwater shark and deepwater flathead entries are separated by eastern and western designations (items 29 and 30; 27). Some entries use family names rather than discrete species, for example elephant fish is described as "Members of the Families Callorhinchidae and Rhinochimaeridae" (item 23).
Current sections
Direct links to the current provisions in Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.
2
4
Area of Commonwealth South East Trawl Sector
4 Area of Commonwealth South East Trawl Sector
The area of the Commonwealth South East Trawl Sector is the part of the AFZ that is within the area bounded by a line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33 34 54 S, and running progressively as described in the following table (excluding any coastal waters).
Item
Description
1
East along that parallel to its intersection with the meridian of longitude 156 10 04 E
2
South along that meridian to its intersection with the outer limit of the AFZ
3
Generally southerly and westerly along that outer limit to its intersection south of Australia with the meridian of longitude 138 08 05 E
4
North along that meridian to its intersection with the outer limit of the coastal waters of South Australia
5
Generally easterly and northerly along the outer limit of the coastal waters of South Australia, Victoria and New South Wales to the point where the line began
5 Area of East Coast Deepwater Trawl Sector
The area of the East Coast Deepwater Trawl Sector is the part of the AFZ bounded by a line beginning at 24 29 54 S, 154 40 04 E, and running progressively as described in the following table (excluding waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).
Item
Description
1
South along that meridian to its intersection with the parallel of latitude 29 59 54 S
2
South‑westerly along the geodesic to 33 34 54 S, 153 16 58 E
3
East along that parallel to its intersection with the meridian of longitude 156 10 04 E
4
South along that meridian to its intersection with the outer limit of the AFZ
5
Generally south‑easterly and northerly along that outer limit to its intersection with the parallel of latitude 24 29 54 S
6
West along that parallel to the point where the line began
6 Area of Tasmanian Rock Lobster Sector
The area of the Tasmanian Rock Lobster Sector is the part of the AFZ bounded by a line beginning at 39 59 55 S, 140 57 59 E, and running progressively as described in the following table.
Item
Description
1
South along that meridian to its intersection with the outer limit of the AFZ
2
Generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 39 11 54 S
3
West along that parallel to its intersection with the meridian of longitude 143 40 05 E
4
South along that meridian to its intersection with the parallel of latitude 39 59 55 S
5
West along that parallel to the point where the line began
7 Area of South Australian Coastal Waters Sector
The area of the South Australian Coastal Waters Sector is the coastal waters of South Australia.
8 Area of Tasmanian Coastal Waters Sector
The area of the Tasmanian Coastal Waters Sector is the coastal waters of Tasmania.
9 Area of Victorian Coastal Waters Sector
The area of the Victorian Coastal Waters Sector is the coastal waters of Victoria, except the following areas, as described in Schedule Seven of the National Parks Act 1975 of Victoria, as in force at the commencement of this Management Plan:
(a) Bunurong Marine National Park;
(b) Ninety Mile Beach Marine National Park;
(c) Point Addis Marine National Park;
(d) Point Hicks Marine National Park;
(e) Port Phillip Heads Marine National Park;
(f) Wilsons Promontory Marine National Park.
Part 3 Zones of the fishery
1 Gemfish and deepwater shark eastern zone
The gemfish and deepwater shark eastern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the southernmost intersection of the meridian of longitude 146 22 00 E with the coastline of Victoria at low water, and running progressively as described in the following table (excluding waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).
Item
Description
1
South along that meridian to its intersection with the northern coastline of Tasmania at low water
2
Generally easterly, southerly, westerly and northerly along the coastline of Tasmania at low water to its westernmost intersection with the parallel of latitude 42 00 00 S
3
West along that parallel to its intersection with the outer limit of the AFZ
4
Generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 24 29 54 S
5
West along that parallel to its intersection with the meridian of longitude 154 40 04 E
6
South along that meridian to its intersection with the parallel of latitude 29 59 54 S
7
South‑westerly along the geodesic to 33 34 54 S, 153 16 58 E
8
West along that parallel to its intersection with the outer limit of the coastal waters of New South Wales
9
Generally southerly along that outer limit to its intersection with the boundary between the adjacent areas of New South Wales and Victoria
10
North‑westerly along that boundary to its intersection with the south‑eastern coastline of mainland Australia at low water
11
Generally westerly along the coastline of Victoria at low water to the point where the line began
2 Gemfish and deepwater shark western zone
The gemfish and deepwater shark western zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the meridian of longitude 115 08 06 E with the 200 metre isobath south of Australia, and running progressively as described in the following table.
Item
Description
1
South along that meridian to its intersection with the outer limit of the AFZ
2
Generally easterly and south‑easterly along that outer limit to its first intersection with the parallel of latitude 42 00 00 S
3
East along that parallel to its intersection with the western coastline of Tasmania at low water
4
Generally northerly and easterly along the coastline of Tasmania at low water to its northernmost intersection with the meridian of longitude 146 22 00 E
5
North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6
Generally westerly along the southern coastline of mainland Australia at low water to its intersection with the boundary between South Australia and Western Australia
7
South along that boundary to the outer limit of coastal waters south of Australia
8
Generally westerly along the outer limit of the coastal waters of Western Australia to its intersection with the meridian of longitude 125 00 05 E
9
South along that meridian to its intersection with the 200 metre isobath
10
Generally westerly along that isobath to the point where the line began
3 North‑eastern remote zone
The north‑eastern remote zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33 34 54 S, and running progressively as described in the following table.
Item
Description
1
East along that parallel to its intersection with the meridian of longitude 156 10 04 E
2
South along that meridian to its intersection with the outer limit of the AFZ
3
Generally southerly along that outer limit to its intersection with the parallel of latitude 39 30 00 S
4
West along that parallel to its intersection with the meridian of longitude 146 22 00 E
5
North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6
Generally north‑easterly along the coastline of Victoria at low water to its intersection with the boundary between New South Wales and Victoria
7
South‑easterly along the boundary between the coastal waters of New South Wales and Victoria to its intersection with the outer limit of coastal waters
8
Generally northerly along the outer limit of the coastal waters of New South Wales to the point where the line began
4 Cascade Plateau zone
The area of the cascade plateau zone of the fishery is the part of the fishery that is within the area bounded by a circle with its centre at 43 55 06 S, 150 28 11 E, and a radius of 15 nautical miles.
5
Orange roughy eastern zone
5 Orange roughy eastern zone
The orange roughy eastern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the meridian of longitude 146 22 00 E with the northern coastline of Tasmania at low water, and running progressively as described in the following table.
Item
Description
1
North along that meridian to its intersection with the parallel of latitude 39 30 00 S
2
East along that parallel to its intersection with the outer limit of the AFZ
3
Generally southerly along that outer limit to its intersection with the parallel of latitude 43 10 00 S
4
West along that parallel to its easternmost intersection with the eastern coastline of Tasmania at low water
5
Generally northerly and westerly along the coastline of Tasmania at low water to the point where the line began
6 Orange roughy southern zone
The orange roughy southern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the easternmost intersection of the eastern coastline of Tasmania at low water with the parallel of latitude 43 10 00 S, and running progressively as described in the following table.
Item
Description
1
East along that parallel to its intersection with the meridian of longitude 149 30 00 E
2
South along that meridian to its intersection with the parallel of latitude 45 00 00 S
3
West along that parallel to its intersection with the outer limit of the AFZ
4
Generally north‑westerly along that outer limit to its intersection with the parallel of latitude 42 00 00 S
5
East along that parallel to its intersection with the western coastline of Tasmania at low water
6
Generally southerly, easterly and northerly along the coastline of Tasmania at low water to the point where the line began
7 Orange roughy western zone
The orange roughy western zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the southernmost intersection of the meridian of longitude 138 08 05 E with the coastline of South Australia at low water, and running progressively as described in the following table.
Item
Description
1
South along that meridian to its intersection with the outer limit of the AFZ
2
Generally south‑easterly along that outer limit to its first intersection with the parallel of latitude 42 00 00 S
3
East along that parallel to its intersection with the western coastline of Tasmania at low water
4
Generally northerly and easterly along the coastline of Tasmania at low water to its northernmost intersection with the meridian of longitude 146 22 00 E
5
North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6
Generally westerly along the southern coastline of mainland Australia at low water to the point where the line began
8 Southern remote zone
The southern remote zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the parallel of latitude 43 10 00 S with the meridian of longitude 149 30 00 E, and running progressively as described in the following table (excluding any waters within the orange roughy Cascade Plateau zone).
Item
Description
1
South along that meridian to its point of intersection with the parallel of latitude 45 00 00 S
2
West along that parallel to its point of intersection with the outer limit of the AFZ
3
Generally southerly and easterly along that outer limit to its intersection with the meridian of longitude 146 30 05 E
4
North along that meridian to its intersection with the parallel of latitude 46 26 02 S
5
East along that parallel to its first intersection with the outer limit of the AFZ
6
Generally north‑easterly along that outer limit to its intersection with the parallel of latitude 43 10 00 S
7
West along that parallel to the point where the line began
9 South Tasman Rise zone
The South Tasman Rise zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the parallel of latitude 46 26 02 S with the meridian of longitude 146 30 05 E, and running progressively as described in the following table.
Item
Description
1
South along that meridian to its intersection with the outer limit of the AFZ
2
Generally north easterly along that outer limit to its intersection with the parallel of latitude 46 26 02 S
3
West along that parallel to the point where the line began
10 GAB eastern zone
The GAB eastern zone is the part of the fishery that is within the Commonwealth GAB Trawl Sector and east of the meridian of longitude 136 E.
11 GAB Albany zone
The GAB Albany zone is the part of the fishery that is within the area formed by a line beginning at the intersection of the meridian of longitude 118andthe parallel of latitude S and running progressively as described in the following table.
Item
Description
1
South along the meridian of longitude 118 to the intersection with the parallel of latitude 35 S
2
East along the parallel of latitude 35 S to the intersection with the meridian of longitude 118
3
North along the meridian of longitude 118 to the parallel of latitude 35 S
4
Generally westerly to the point where the line began
12 GAB Esperance zone
The GAB Esperance zone is the part of the fishery that is within the area formed by a line beginning at the intersection of the meridian of longitude 125 and the parallel of latitude S and running progressively as described in the following table.
Item
Description
1
South along the meridian of longitude 125 to the intersection with the parallel of latitude 34 S
2
Generally easterly to the intersection of the meridian of longitude 126 20 E and the parallel of latitude 34 S
3
North along the meridian of longitude 126 20 E to the intersection with the parallel of latitude 33 46 S
4
Generally westerly to the point where the line began
Schedule 2 Quota species
(section 3)
Item
Quota species
Scientific name
1
Blue eye trevalla
Hyperoglyphe antarctica
Schedophilus labyrinthicus
2
Blue grenadier
Macruronus novaezelandiae
3
Blue warehou
Seriolella brama
4
Flathead
Platycephalus aurimaculatus
Platycephalus richardsoni
Platycephalus bassensis
Platycephalus caeruleopunctatus
Platycephalus speculator
5
Gemfish (eastern)
Rexea solandri
6
Gemfish (western)
Rexea solandri
7
Jackass morwong
Nemadactylus macropterus
8
John dory
Zeus faber
9
Pink ling
Genypterus blacodes
10
Mirror dory
Zenopsis nebulosa
11
Ocean perch
Helicolenus species
12
Redfish
Centroberyx affinis
13
Royal red prawn
Haliporoides sibogae
14
School whiting
Sillago flindersi
15
Silver trevally
Pseudocaranx georgianus
16
Silver warehou
Seriolella punctata
17
Orange roughy (eastern)
Hoplostethus atlanticus
18
Orange roughy (western)
Hoplostethus atlanticus
19
Orange roughy (southern)
Hoplostethus atlanticus
20
Orange roughy (Cascade Plateau)
Hoplostethus atlanticus
21
School shark
Galeorhinus galeus
22
Gummy shark
Mustelus antarcticus
23
Elephant fish
Members of the Families Callorhinchidae and Rhinochimaeridae
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
4 Area of Commonwealth South East Trawl Sector
4 Area of Commonwealth South East Trawl Sector
The area of the Commonwealth South East Trawl Sector is the part of the AFZ that is within the area bounded by a line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33 34 54 S, and running progressively as described in the following table (excluding any coastal waters).
Item
Description
1
East along that parallel to its intersection with the meridian of longitude 156 10 04 E
2
South along that meridian to its intersection with the outer limit of the AFZ
3
Generally southerly and westerly along that outer limit to its intersection south of Australia with the meridian of longitude 138 08 05 E
4
North along that meridian to its intersection with the outer limit of the coastal waters of South Australia
5
Generally easterly and northerly along the outer limit of the coastal waters of South Australia, Victoria and New South Wales to the point where the line began
5 Area of East Coast Deepwater Trawl Sector
The area of the East Coast Deepwater Trawl Sector is the part of the AFZ bounded by a line beginning at 24 29 54 S, 154 40 04 E, and running progressively as described in the following table (excluding waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).
Item
Description
1
South along that meridian to its intersection with the parallel of latitude 29 59 54 S
2
South‑westerly along the geodesic to 33 34 54 S, 153 16 58 E
3
East along that parallel to its intersection with the meridian of longitude 156 10 04 E
4
South along that meridian to its intersection with the outer limit of the AFZ
5
Generally south‑easterly and northerly along that outer limit to its intersection with the parallel of latitude 24 29 54 S
Operationally, the two classes of text work together. Spatial bounds identify where particular zones and sectors apply; the schedule identifies which species are "Quota species" for the fishery (Schedule 2, s 3). The text also explicitly excludes some areas from application in particular definitions, for example excluding "any coastal waters" from the Commonwealth South East Trawl Sector (s 4), and excluding "waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water" from the East Coast Deepwater Trawl Sector and certain zones (s 5 and Part 3 zone 1). The instrument cross‑references an external statute for marine park exclusions: the Victorian coastal waters sector excludes specific marine national parks as described in Schedule Seven of the National Parks Act 1975 of Victoria "as in force at the commencement of this Management Plan" (s 9).
The excerpt does not contain express regulatory obligations such as licensing, catch limits, reporting requirements, or enforcement mechanisms. Its mechanical change is therefore definitional: it creates the map and the species list that other parts of the management regime will rely on. Any compliance duties, penalties and administrative powers are not included in the portion of the text supplied.
Main concepts
The core structural concept presented is spatial definition. The instrument uses geodetic coordinates, isobaths, coasts, outer limits of the AFZ, meridians and parallels, geodesic segments, and named coastal waters to partition the marine area into management units. Each unit is named (for example "Gemfish and deepwater shark eastern zone", "Cascade Plateau zone") and its boundary is given as an ordered set of steps. That method converts what would otherwise be a policy decision into a set of machine‑tractable polygons for mapping and enforcement, subject to correct interpretation of terms such as "outer limit of the AFZ", "coastal waters", and "200 metre isobath".
A second key concept is species designation. Schedule 2 identifies the set of quota species. The schedule pairs common names with scientific names where possible and, in some entries, with family names. The pairing indicates the taxonomic scope of quota control is intended to be precise in many cases, but not uniformly so. For example, blue eye trevalla lists two scientific names (Hyperoglyphe antarctica and Schedophilus labyrinthicus) under one common name (item 1). Elephant fish are designated by family membership rather than by species (item 23). Deepwater shark entries list multiple species under the eastern and western designations (items 29 and 30).
Interdependence between the spatial and species concepts is explicit. Several quota species are specified with zone modifiers (for example "Gemfish (eastern)" and "Gemfish (western)"; "Orange roughy (eastern)", "Orange roughy (western)", "Orange roughy (southern)", "Orange roughy (Cascade Plateau)"; "Orange roughy (GAB Albany and Esperance zones)"). That indicates that quota management is intended to operate at both species and spatially delimited stock or management unit levels, as captured by the Schedule labels. The differential listing across zones implies that allocation, monitoring and potentially biological reference points may differ by zone.
Terminology reliance is another concept to note. The instrument makes repeated use of terms that are not defined in the supplied excerpt: "AFZ", "coastal waters", "outer limit of the AFZ", "200 metre isobath", "geodesic", and references to the National Parks Act 1975 (Victoria) (s 9). Those terms anchor the definitions, but their legal content is external to the supplied text and must be read from the instrument or statutes where they are defined.
Precision versus interpretative risk is inherent. The boundary descriptions are precise where they provide coordinates, but they also include constructs such as "generally southerly and westerly along that outer limit" and "generally easterly, southerly, westerly and northerly along the coastline", which require a chart or GIS conversion to operationalise reliably. The Cascade Plateau is a fully geometric zone; most others rely on chained geographic references that will need synthesis into polygon layers for mapping and for use with vessel monitoring systems. The Schedule’s taxonomic approach ranges from single species to families and multi‑species lists, which adds complexity to on‑board species identification, reporting, enforcement and quota accounting.
Finally, exclusionary clauses are conceptually important because they carve out areas from sectors (for example, excluding coastal waters from particular sectors or excluding 25 nm buffers around islands). These carve‑outs will affect where regulated activities are permitted and where different management regimes may apply. The Victorian coastal waters sector explicitly excludes named marine national parks as they are described in another statute (s 9), which creates a direct cross‑legal dependency.
Who it affects
The text explicitly affects participants in the Commonwealth fishery whose operations fall within the defined sectors and zones and who target the listed quota species. That includes, as parties referenced by the text, commercial fishers, harvesters, quota holders, vessel masters who operate in the AFZ zones identified in sections 4-12 and Part 3, and anyone who fishes for species that appear on Schedule 2 (s 3; Schedule 2).
State jurisdictions and their coastal management agencies are implicated because the instrument repeatedly relies on "coastal waters" of particular States (for example the South Australian coastal waters sector is "the coastal waters of South Australia" (s 7); similar provisions are used for Tasmania (s 8) and Victoria (s 9)). The instrument also cross‑refers to a Victorian statute for marine park boundaries (Schedule Seven of the National Parks Act 1975 of Victoria) (s 9). That means state marine managers and parks agencies are implicitly connected to how the Commonwealth boundaries operate in practice.
Marine spatial planners, fisheries managers and compliance agencies need to translate the textual boundaries into usable geospatial layers. The definition of the Cascade Plateau zone by a circle of known centre and radius (Part 3, zone 4) illustrates the kind of precise mapping the instrument expects. The regular reliance on the outer limit of the AFZ and the 200 metre isobath requires oceanographic and nautical data providers to supply authoritative charts for implementation.
Processors, wholesalers and supply chain actors who buy or sell the listed quota species will be affected through the downstream compliance obligations that flow from quota designation, even though the supplied excerpt does not set out those obligations. For species that are zone‑specific (for example orange roughy variants, gemfish eastern/western), buyers will need to be alert to origin declarations and to zone‑specific quota arrangements that are likely to be set elsewhere in the management regime.
Marine scientists and stock assessment practitioners are affected because the Schedule distinguishes the same nominal species across zones. Assessors will need to treat, for example, Rexea solandri as at least two management units in practice (items 5 and 6), and to reconcile biological stock boundaries with the legal zone boundaries when advising on quotas and reference points.
Finally, third parties such as environmental NGOs, Indigenous stakeholders, and recreational fishers are indirectly affected because the instrument reallocates the legal map of where particular commercial management arrangements apply and excludes certain coastal waters and marine parks from those zones (s 4, s 5, s 9). The text itself does not create direct rights for those third parties, but it modifies the spatial legal context in which other regulatory and conservation measures operate.
Key duties and rights
The supplied excerpt is primarily definitional and does not itself create explicit operative duties such as reporting, quota limits, or licensing conditions. Instead, the key "duties and rights" that flow from this text are implicit and structural: the document allocates jurisdictional and management boundaries and identifies the objects of quota management. Two concrete legal designations in the extract are instructive.
Designation of geographic units. By defining Sectors and Zones in text, the instrument creates legal areas that will determine where particular management rules apply. The "Area of Commonwealth South East Trawl Sector" (s 4) and other sector definitions exclude "any coastal waters" which, in effect, reserve coastal waters to a different legal regime. Those definitions will be the legal referent for duties set out elsewhere: when an operative rule refers to "in the South East Trawl Sector", compliance requires precise spatial alignment with s 4. The duty to operate in accordance with sector‑specific rules therefore exists only as the rest of the management regime prescribes it, but the definition here is the foundational coordinate‑level duty anchor.
Designation of quota species. Schedule 2 is captioned "Quota species (section 3)". That is a legal label: these species are designated as quota species under whatever operative rule section 3 establishes. The right created for quota holders (if granted elsewhere) and the duty imposed on fishers to not exceed allocated quota are not contained in the excerpt, but the schedule supplies the necessary list for administrative action. Practically, a quota designation creates an expectation that the management agency will administer allocation, monitoring and transfer rules for those species; the duty of a fisher to comply with quota limits must be checked against the sections that follow or the enabling Act.
Other items of legal effect in the text relate to exclusions and cross‑references that limit rights. For example, the East Coast Deepwater Trawl Sector excludes "waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water" (s 5). That exclusion removes the right to fish in those 25 nm bands under the sector rules. The Victorian coastal waters sector excludes named marine national parks as they appear in Schedule Seven of the National Parks Act 1975 "as in force at the commencement of this Management Plan" (s 9). That cross‑reference removes the applicability of the Commonwealth sector mapping in favour of the existing Victorian marine park regime for those park areas.
The Schedule’s taxonomy carries rights and duties through identification accuracy. Where Schedule 2 lists a quota species by family (for example "Members of the Families Callorhinchidae and Rhinochimaeridae" for elephant fish, item 23), the duty to identify catch correctly, and the right to hold quota, will depend on how the wider regime operationalises family‑level designation. The listing of multiple scientific names under a single common name creates a duty on the administration and industry to apply consistent species identification protocols and on fishers to report according to those protocols.
Absent from the supplied text are express enforcement rights, compliance procedures, and licence conditions. Those operational elements, such as the power to board vessels, impose penalties, set Total Allowable Catches, issue quota shares, are not present in the excerpt and must be located in the full Management Plan or the enabling statute to determine the full set of duties and rights that flow from these definitions and species listings.
Penalties and enforcement
The excerpt contains no provisions that prescribe penalties, infringement notices, or enforcement powers. It does not specify offences, monetary fines, administrative sanctions, warrants, powers of inspection, monitoring requirements, or the issuing authority for enforcement. As a result, the text is silent on enforcement modalities; the definitions and schedule provided must be read as the spatial and taxonomic inputs that enforcement agencies will use under separate provisions.
The practical consequence of that silence is twofold. First, the areas and species listed here will be the legal baseline that enforcement provisions elsewhere in the instrument and the enabling legislation will rely on when determining whether a vessel or person has acted in breach. For example, if an enforcement provision elsewhere prohibits trawling in the Cascade Plateau zone except under a permit, the Cascade Plateau boundary in Part 3 zone 4 supplies the geographic test for a breach. Second, absence of penalties in the excerpt means readers should not assume any particular enforcement regime applies; they must locate and analyse the concurrent provisions in the Management Plan or the Fisheries Act that establish offences, sanctions, compliance procedures and evidentiary rules.
Several implementation risks for enforcement follow directly from the content of the excerpt. Boundary complexity creates evidentiary friction. Many boundaries are expressed in chained narrative steps that reference the "outer limit of the AFZ", coastal water limits, geodesics between fixed points, or meridians and parallels; converting those narrative chains into definitive GIS polygons is a necessary first step before a compliance authority can effectively enforce. In particular, clauses that use language such as "generally southerly and westerly along that outer limit" or "generally easterly, southerly, westerly and northerly along the coastline" will require an authoritative mapping protocol to avoid disputes over whether a vessel was inside or outside a zone at a given time.
Taxonomic granularity affects enforcement evidence. Schedule 2 contains multi‑species lists, family‑level designations, and multiple scientific names under single common names. Enforcement requires species identification to a standard acceptable in proceedings. Where a Schedule entry is family‑level, a prosecutor or regulator will need to prove that the seized catch belongs to the designated family. That imposes costs on sampling, testing, and species verification.
Cross‑jurisdictional interactions increase enforcement complexity. The instrument excludes certain state coastal waters and Victorian marine parks by reference (s 4, s 5, s 9). Enforcement agencies will need interjurisdictional cooperation frameworks and clarity about which body enforces what rule in areas where Commonwealth zones abut state waters or where park exclusions apply.
Readers seeking penalties and enforcement detail must therefore consult the remainder of the Management Plan and the relevant primary legislation that authorises the plan. This excerpt indicates where enforcement will be directed spatially and taxonomically, but it does not supply the coercive mechanisms nor the sanction schedules needed to assess compliance risk and penalty exposure.
How it interacts with other laws
The excerpt explicitly intersects with at least one named external statute and implicitly depends on the definitions and boundaries established elsewhere in Australian maritime and fisheries law.
Explicit cross‑reference. Section 9(1) specifies that the "Victorian Coastal Waters Sector" excludes certain areas "as described in Schedule Seven of the National Parks Act 1975 of Victoria, as in force at the commencement of this Management Plan." That is a direct legal pointer: the Management Plan’s spatial regime defers to the statutory description of Victoria’s marine national parks as they stood when the Plan commenced. Practically, any rights or restrictions created by those Victorian park listings will operate as exclusions from the Commonwealth sector mapping. Implementation therefore requires harmonisation between the Plan and the National Parks Act geometry as of the Plan commencement date.
Implicit dependencies. The document repeatedly uses terms that are standard in maritime and fisheries law , "AFZ", "coastal waters", "outer limit of the AFZ", "200 metre isobath" , but does not define them in the excerpt. The legal content of those terms is external. For example, "coastal waters" is normally a jurisdictional concept deriving from the Seas and Submerged Lands Act or state legislation; "AFZ" is a standard abbreviation for "Australian Fishing Zone" in many fisheries instruments. The boundaries described by parallels and meridians rely on the internationally accepted geodetic conventions for latitude and longitude. To interpret these phrases with legal certainty, readers must cross‑check the enabling Act or definitional schedules that define "AFZ" and "coastal waters" and the relevant datum for coordinates.
Interplay with marine spatial management. The instrument’s exclusions for marine parks (s 9) and coastal waters (s 4 and elsewhere) mean that the spatial footprint of the Commonwealth zones sits within a mosaic of overlapping legal regimes. The Commonwealth sector boundaries will therefore interact operationally with: state marine park regimes, state fisheries rules in coastal waters, and Commonwealth or regional marine protected areas. Where activities cross boundaries, operators and enforcement bodies will need to apply the correct law for the relevant area.
Zone‑based species management. Schedule 2’s multiple zone‑coded species entries mean that quota rules and species management measures applied under other provisions will have to be zone‑specific. That creates legal interaction between the spatial definitions in this excerpt and catch limit, quota allocation and reporting rules in other parts of the plan or in the enabling statute. For example, the listing of "Orange roughy (GAB Albany and Esperance zones)" (item 28) indicates that the GAB zone geometry interacts with species listing to form the unit of management for those populations.
Administrative cross‑linkage. The Plan’s references to isobaths and geodesics imply reliance on Australian hydrographic charts and potentially on data produced under other statutory mechanisms. For instance, the use of the "200 metre isobath" as a boundary (Gemfish and deepwater shark western zone, Part 3, zone 2 and other zones) requires agreement on the source bathymetric dataset. If a dispute arises over whether a point lies inside or outside a 200 m contour for legal purposes, the evidentiary authority of the charting body and the datum used will matter.
In short, the excerpt is a spatial and taxonomic scaffolding that presumes co‑operative operation with other laws: the enabling Fisheries Act/Management Plan provisions that set offences, quotas and powers; state law that governs coastal waters and parks; and technical standards for mapping and species identification. To resolve practical legal questions, readers must consult those linked instruments and the data sources they adopt.
Amendment history
The supplied text contains no explicit amendment history. It includes a textual note in s 9 that refers to "Schedule Seven of the National Parks Act 1975 of Victoria, as in force at the commencement of this Management Plan", which implicitly anchors the Plan to the state of that Schedule at the Plan’s commencement date, but the excerpt does not provide the commencement date itself, nor does it record any amendments, repeal dates, or past versions.
Because the excerpt lacks an expressed amendment record, users should treat it as a snapshot of the Plan definitions and Schedule as they were at the time the excerpt was produced. Any changes to boundaries, exclusions or the species list that post‑date this text would not be visible here.
To determine amendment history reliably, a reader must consult the legislative or administrative record where the Management Plan was published: the gazettal instrument that gives the Plan legal effect, the legislative notice of commencement, subsequent amending instruments, and the compilations maintained by official legal information services. The cross‑reference to the National Parks Act 1975 (s 9) also signals that amendments to that Victorian statute may alter the effective exclusions if the Plan’s commencement anchoring is altered by an express amendment; however, the excerpt provides no procedural history for such interactions.
Where the Schedule 2 numbering appears to contain typographical or formatting issues (for example the items numbered "3334" and the concatenation of species names in the final table rows), care is required in interpreting whether those are transcription errors or reflect prior amendment insertions. The absence of an amendment log in the excerpt means one cannot tell whether the formatting anomalies represent substantive changes or clerical errors. Therefore, to rely on the Schedule for administrative or legal purposes, a user should check the official published version of the Management Plan (or the instrument’s consolidated version) for authoritative numbering and for any notes about amendments.
Litigation history
The supplied excerpt does not reference any court decisions, tribunal determinations, or litigation outcomes. It contains no case citations and does not purport to summarise judicial interpretation. Consequently, there is no litigation history contained within this text.
If litigation has arisen concerning the boundaries, species listings, or cross‑jurisdictional interactions present in these provisions, that litigation would be recorded in court or tribunal databases and in consolidated legislative histories, not in the excerpt supplied. Practitioners seeking to understand how courts have interpreted similar zone descriptions, isobath boundaries, family‑level species designations, or cross‑references to state park Schedules must therefore conduct a targeted search of relevant case law, administrative decisions and appeal records.
Given the operational centrality of spatial boundaries and species definitions to compliance and enforcement, disputes that could have generated litigation include: whether a vessel was in a particular zone at a particular time; whether a particular species falls within a Schedule designation when taxonomic ambiguity exists; and conflicts between Commonwealth sector boundaries and state marine park or coastal water rules. None of those case types are addressed in the excerpt. Users should not infer absence of litigation from silence in the text; instead, they should perform a jurisdictional case law search and consult the management authority’s administrative determination record.
Gotchas
The text contains multiple practical pitfalls for operators, compliance officers and advisers that arise from its mixture of precise coordinates, referential boundaries and taxonomic variation. These are concrete issues the text itself either creates or leaves unresolved.
Referential dependency on external definitions. The repeated use of terms such as "AFZ", "coastal waters", "outer limit of the AFZ" and "200 metre isobath" shifts definitional work outside the excerpt. Without the enabling Act’s definitions or authoritative cartographic sources, parties cannot be certain where the legal boundary lies. For compliance, do not rely on intuition; obtain the Act’s definitions and the official charts that the administration uses.
Exclusions by distance and named features. Several provisions exclude waters within 25 nautical miles of Lord Howe Island and Balls Pyramid (s 5; Part 3 zone 1). That 25 nm buffer is measured "at low water" according to the text. The low‑water reference point affects the baseline for measurement and will require nautical surveying expertise. If vessels operate near those islands, they must use the exact low‑water baseline points and the administration’s method for drawing a 25 nm buffer.
Chain of boundaries and "generally" language. Many steps use directional qualifiers such as "generally southerly, easterly and northerly along that outer limit" (s 4 item 3) or "generally westerly to the point where the line began" (Part 3 zone 11). These descriptors demand a protocol to convert them into precise polygon edges. Without an authoritative polygon layer, parties face uncertainty. The gotcha is that differing interpretations of "generally" may shift small but commercially material areas.
Zone overlaps and adjacency to state waters. The instrument repeatedly carves around "coastal waters" and names state coastal waters as sectors. Operators who fish close to shore must ensure their position relative to the offshore Commonwealth boundary and the state boundary. Misreading could expose a vessel to the wrong enforcement regime.
Taxonomic complexity in Schedule 2. The Schedule lists species at different taxonomic resolutions. Examples: a. Item 1 lists two scientific names for "Blue eye trevalla". b. Item 23 lists families rather than species for "Elephant fish". c. Deepwater shark entries enumerate many species under one heading (items 29 and 30). For on‑board species identification, reporting and sampling this creates practical challenges. Misidentification can lead to incorrect quota accounting or enforcement action if the administration treats one taxon differently from another.
Duplicate/common names across zones. Gemfish and orange roughy are listed in multiple zone variants. The same common name may correspond to the same scientific species across zones (Rexea solandri for gemfish) but be managed as separate quota stocks. The gotcha is assuming that a quota entitlement for "gemfish" in one zone applies to catch in another zone. The Schedule suggests zone‑specific treatment; check the allocation provisions and the quota register.
Formatting/numbering anomalies. The Schedule’s final rows appear to be misnumbered ("3334") and concatenated ("Smooth oreodory (Cascade Plateau)Smooth oreodory (other)" with "Pseudocyttus maculatusPseudocyttus maculatus"). That could reflect a transcription error in the supplied text. If the official document mirrors that formatting, it creates ambiguity about the intended number of distinct Schedule entries and their scope. For legal certainty, consult the authoritative published instrument.
Use of geodesic segments. Some boundary steps say "South‑westerly along the geodesic to [coordinate]". "Geodesic" implies great‑circle routes. Implementation depends on the datum and the method used to compute geodesics. GIS practitioners must match the administration’s geodetic datum or an interpretative dispute may follow.
Circle definition requires datum. The Cascade Plateau’s circle (centre coordinates and radius 15 nautical miles) is precise but requires a datum for the listed coordinates to be meaningful for charting. Failing to match datums can produce small positional errors that matter at zone boundaries.
Cross‑reference to Victorian park Schedule at commencement. The exclusion in s 9 relies on the text of Schedule Seven of the National Parks Act 1975 "as in force at the commencement of this Management Plan". If the Plan has multiple commencements or if that Schedule has been amended since the Plan’s commencement, the effective exclusion may not match current park boundaries. Practitioners must verify which version of the National Parks Act the Plan references.
These gotchas point to the need for authoritative spatial layers, species identification protocols, and cross‑referencing of the enabling statutory materials before making operational decisions.
How to comply
Compliance with the arrangements implicit in this excerpt requires a practical compliance programme that translates the text into operational maps, reporting procedures and species identification practices. The following steps are derived strictly from the content of the excerpt.
Obtain authoritative legal versions. Secure the officially published Management Plan (consolidated text) and the enabling Act or instrument that contains definitions of "AFZ", "coastal waters", and other foundational terms. The excerpt relies on those terms; they must be read from the legal source that defines them.
Build official geospatial layers. Convert every coordinate and narrative boundary in the excerpt into GIS polygon layers. Pay special attention to: a. Parallels and meridians precisely as stated (e.g. 33° 34′ 54″ S, meridian 156° 10′ 04″ E (s 4)); b. Geodesic segments between coordinates; c. The "outer limit of the AFZ" and "outer limit of coastal waters", which require the administration’s official polygons; d. The 200 metre isobath referenced in several zones; e. The Cascade Plateau circle centre at 43° 55′ 06″ S, 150° 28′ 11″ E with a radius of 15 nm (Part 3, zone 4). Validate coordinate datum and chart sources with the fisheries administration and hydrographic office.
Implement a boundary‑of‑operations check. Ensure all vessel monitoring systems (VMS), electronic logbooks and skipper procedures incorporate the official polygon layers so that operators and compliance officers can verify in near real time whether the vessel is in (a) a sector, (b) a zone, or (c) an excluded area, such as the 25 nm Lord Howe Island buffer (s 5) or identified Victorian marine parks (s 9).
Reconcile species lists with reporting systems. Update catch reporting forms, logbooks, and onboard species identification guides to reflect Schedule 2 names and scientific names (Schedule 2, s 3). Where Schedule 2 lists families or multiple scientific names under a single common name, adopt the administration’s species identification protocols for reporting. Invest in crew training, photographic guides and where necessary DNA or morphological verification procedures for high‑value or ambiguous taxa.
Map quota entitlements to zones. For species listed with zone variants (for example, Rexea solandri as gemfish eastern and western (items 5 and 6), or multiple orange roughy zone listings (items 17-20, 28)), ensure that quota entitlements, catch accounting and landing declarations are resolved by zone. Do not assume interchangeability of quota across zones without checking the quota rules elsewhere in the Plan or in allocation registers.
Use the correct measurement baselines. For distance‑based exclusions measured "at low water" (for example the 25 nm exclusion around Lord Howe Island and Balls Pyramid in s 5 and Part 3 zone 1) use the legal low‑water baseline points adopted by the administration. Clarify which datum and tidal phase the administration uses for measurement to avoid inadvertent incursions.
Cross‑check marine park exclusions. For operations near Victoria, check Schedule Seven of the National Parks Act 1975 "as in force at the commencement of this Management Plan" as referenced in s 9. Determine whether the Plan’s commencement reference freezes an older set of park boundaries or whether current park boundaries apply under other instruments. Align vessel routing and permit applications accordingly.
Confirm taxonomic scope for families and complexes. For entries that list families (item 23) or multiple species under one heading (items 29-30), obtain the administration’s interpretative guidance on which taxa are covered for catch accounting, tagging, and quota deductions. If no guidance exists, request a formal administrative clarification to reduce enforcement uncertainty.
Verify Schedule formatting with the administration. If the official published Schedule mirrors the formatting anomalies visible in the excerpt (final rows concatenated or misnumbered), obtain a certified copy and, if necessary, an administrative corrigendum to confirm the intended entries. A corrected Schedule will reduce the risk of disputes over whether a species is or is not a quota species.
Maintain records that match legal references. Logbook entries must include coordinates, date/time, declared species using Schedule 2 nomenclature, and the zone or sector of capture. Retain vessel position records and any species verification evidence to support compliance or to respond to enforcement actions.
Engage with the administration on edge cases. Where boundaries, species identifications or cross‑jurisdictional questions are ambiguous, seek written administrative guidance or published technical notes. Such guidance is often decisive in enforcement contexts and reduces operational risk.
Audit and train. Conduct periodic internal audits that test edge scenarios (for example, fishing at the margin of a zone, or catching a species whose identification is ambiguous) and run crew training on spatial boundary awareness and the Schedule 2 species list.
These compliance steps translate the definitional material in the excerpt into operational practice. Because the excerpt does not itself contain licensing, quota accounting and penalty rules, compliance requires concurrent attention to the rest of the management regime and to any registers or administrative instruments that implement catch limits and permit conditions.
6
West along that parallel to the point where the line began
6 Area of Tasmanian Rock Lobster Sector
The area of the Tasmanian Rock Lobster Sector is the part of the AFZ bounded by a line beginning at 39 59 55 S, 140 57 59 E, and running progressively as described in the following table.
Item
Description
1
South along that meridian to its intersection with the outer limit of the AFZ
2
Generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 39 11 54 S
3
West along that parallel to its intersection with the meridian of longitude 143 40 05 E
4
South along that meridian to its intersection with the parallel of latitude 39 59 55 S
5
West along that parallel to the point where the line began
7 Area of South Australian Coastal Waters Sector
The area of the South Australian Coastal Waters Sector is the coastal waters of South Australia.
8 Area of Tasmanian Coastal Waters Sector
The area of the Tasmanian Coastal Waters Sector is the coastal waters of Tasmania.
9 Area of Victorian Coastal Waters Sector
The area of the Victorian Coastal Waters Sector is the coastal waters of Victoria, except the following areas, as described in Schedule Seven of the National Parks Act 1975 of Victoria, as in force at the commencement of this Management Plan:
(a) Bunurong Marine National Park;
(b) Ninety Mile Beach Marine National Park;
(c) Point Addis Marine National Park;
(d) Point Hicks Marine National Park;
(e) Port Phillip Heads Marine National Park;
(f) Wilsons Promontory Marine National Park.
Part 3 Zones of the fishery
1 Gemfish and deepwater shark eastern zone
The gemfish and deepwater shark eastern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the southernmost intersection of the meridian of longitude 146 22 00 E with the coastline of Victoria at low water, and running progressively as described in the following table (excluding waters within 25 nautical miles of the coastline of Lord Howe Island and Balls Pyramid at low water).
Item
Description
1
South along that meridian to its intersection with the northern coastline of Tasmania at low water
2
Generally easterly, southerly, westerly and northerly along the coastline of Tasmania at low water to its westernmost intersection with the parallel of latitude 42 00 00 S
3
West along that parallel to its intersection with the outer limit of the AFZ
4
Generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 24 29 54 S
5
West along that parallel to its intersection with the meridian of longitude 154 40 04 E
6
South along that meridian to its intersection with the parallel of latitude 29 59 54 S
7
South‑westerly along the geodesic to 33 34 54 S, 153 16 58 E
8
West along that parallel to its intersection with the outer limit of the coastal waters of New South Wales
9
Generally southerly along that outer limit to its intersection with the boundary between the adjacent areas of New South Wales and Victoria
10
North‑westerly along that boundary to its intersection with the south‑eastern coastline of mainland Australia at low water
11
Generally westerly along the coastline of Victoria at low water to the point where the line began
2 Gemfish and deepwater shark western zone
The gemfish and deepwater shark western zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the meridian of longitude 115 08 06 E with the 200 metre isobath south of Australia, and running progressively as described in the following table.
Item
Description
1
South along that meridian to its intersection with the outer limit of the AFZ
2
Generally easterly and south‑easterly along that outer limit to its first intersection with the parallel of latitude 42 00 00 S
3
East along that parallel to its intersection with the western coastline of Tasmania at low water
4
Generally northerly and easterly along the coastline of Tasmania at low water to its northernmost intersection with the meridian of longitude 146 22 00 E
5
North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6
Generally westerly along the southern coastline of mainland Australia at low water to its intersection with the boundary between South Australia and Western Australia
7
South along that boundary to the outer limit of coastal waters south of Australia
8
Generally westerly along the outer limit of the coastal waters of Western Australia to its intersection with the meridian of longitude 125 00 05 E
9
South along that meridian to its intersection with the 200 metre isobath
10
Generally westerly along that isobath to the point where the line began
3 North‑eastern remote zone
The north‑eastern remote zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the outer limit of the coastal waters of New South Wales with the parallel of latitude 33 34 54 S, and running progressively as described in the following table.
Item
Description
1
East along that parallel to its intersection with the meridian of longitude 156 10 04 E
2
South along that meridian to its intersection with the outer limit of the AFZ
3
Generally southerly along that outer limit to its intersection with the parallel of latitude 39 30 00 S
4
West along that parallel to its intersection with the meridian of longitude 146 22 00 E
5
North along that meridian to its southernmost intersection with the coastline of Victoria at low water
6
Generally north‑easterly along the coastline of Victoria at low water to its intersection with the boundary between New South Wales and Victoria
7
South‑easterly along the boundary between the coastal waters of New South Wales and Victoria to its intersection with the outer limit of coastal waters
8
Generally northerly along the outer limit of the coastal waters of New South Wales to the point where the line began
4 Cascade Plateau zone
The area of the cascade plateau zone of the fishery is the part of the fishery that is within the area bounded by a circle with its centre at 43 55 06 S, 150 28 11 E, and a radius of 15 nautical miles.
5 Orange roughy eastern zone
5 Orange roughy eastern zone
The orange roughy eastern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the intersection of the meridian of longitude 146 22 00 E with the northern coastline of Tasmania at low water, and running progressively as described in the following table.
Item
Description
1
North along that meridian to its intersection with the parallel of latitude 39 30 00 S
2
East along that parallel to its intersection with the outer limit of the AFZ
3
Generally southerly along that outer limit to its intersection with the parallel of latitude 43 10 00 S
4
West along that parallel to its easternmost intersection with the eastern coastline of Tasmania at low water
5
Generally northerly and westerly along the coastline of Tasmania at low water to the point where the line began
6 Orange roughy southern zone
The orange roughy southern zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the easternmost intersection of the eastern coastline of Tasmania at low water with the parallel of latitude 43 10 00 S, and running progressively as described in the following table.
Item
Description
1
East along that parallel to its intersection with the meridian of longitude 149 30 00 E
2
South along that meridian to its intersection with the parallel of latitude 45 00 00 S
3
West along that parallel to its intersection with the outer limit of the AFZ
4
Generally north‑westerly along that outer limit to its intersection with the parallel of latitude 42 00 00 S
5
East along that parallel to its intersection with the western coastline of Tasmania at low water
6
Generally southerly, easterly and northerly along the coastline of Tasmania at low water to the point where the line began
7 Orange roughy western zone
The orange roughy western zone of the fishery is the part of the fishery that is within the area bounded by a line beginning at the southernmost intersection of the meridian of longitude 138 08 05 E with the coastline of South Australia at low water, and running progressively as described in the following table.
| Item | Description
This is an opening excerpt, not the complete document.