The AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY determines this amendment of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 under section 20 of the Fisheries Management Act 1991.

Dated:   11 March 2016       

Made in accordance with a decision made by the Commissioners under s23 of the Fisheries Administration Act 1991, this instrument is accepted on behalf of the Commission by:

Andrew Pearson

Executive Secretary

Australian Fisheries Management Authority

Accepted on:    12 April 2016

Contents

 1 Name of Management Plan Amendment

 2 Commencement 2

 3 Amendment of Southern and Eastern Scalefish and Shark Fishery Management Plan 2003              2

Schedule 1 Amendment of Southern and Eastern Scalefish and Shark Fishery Management Plan 2003              3

1 Name of Management Plan Amendment

  This Management Plan Amendment is the Southern and Eastern Scalefish and Shark Fishery Management Plan Amendment 2016.

2 Commencement

  This Management Plan Amendment commences on the day after it is registered.

3 Amendment of Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

  Schedule 1 amends the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003.

Schedule 1 Amendment of Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

(section 3)

[1] Section 3

After definition of by-catch

insert

cascade plateau zone means the area described in clause 4 of Part 3 of Schedule 1.

[2] Section 3

After definition of Commonwealth South East Trawl Sector

insert

deepwater shark (eastern) means deepwater shark from the gemfish and deepwater shark eastern zone of the fishery.

deepwater shark (western) means deepwater shark from the gemfish and deepwater shark western zone of the fishery.

[3] Section 3

After definition of East Coast Deepwater Trawl Sector

insert

gemfish and deepwater shark eastern zone means the area described in clause 1 of Part 3 of Schedule 1.

gemfish and deepwater shark western zone means the area described in clause 2 of Part 3 of Schedule 1.

[4] Section 3 fishing year definition

substitute

fishing year means a period of 12 months commencing on 1 May each year.

[5] Section 3 gemfish (eastern), gemfish (western), gemfish eastern zone, gemfish western zone definitions

substitute

gemfish (eastern) means gemfish from the gemfish and deepwater shark eastern zone of the fishery.

gemfish (western) means gemfish from the gemfish and deepwater shark western zone of the fishery.

[6] Section 3 orange roughy (Cascade Plateau) definition

substitute

orange roughy (Cascade Plateau) means orange roughy from the cascade plateau zone of the fishery.

[7] Section 3

After definition of shark hook boat statutory fishing right

insert

smooth oreodory (Cascade Plateau) means smooth oreodory from the cascade plateau zone of the fishery.

Smooth oreodory (other) means smooth oreodory from any zone other than the cascade plateau zone of the fishery.

[8] Section 3 Type N quota statutory fishing right definition

omit

[9] Section 3 Type T quota statutory fishing right definition

omit

[10] Subsection 11(1)

substitute

AFMA must determine a TAC for each quota species for a fishing year no later than 31 March immediately before the commencement of the fishing year.

[11] Section 23

substitute

[12] Section 27

substitute

(1)   A person satisfies the condition for registration as an eligible person for the grant of a quota statutory fishing right for a quota species mentioned in items 29 to 34 of Schedule 2 if, immediately before the end of the notice period, the person was authorised to take under a fishing permit a number of quota units of that species in the fishery.

(2)   In this section:

notice period, for a statutory fishing right of a kind mentioned in subsection (1) and for a species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that species, in the fishery under section 24 of the Act. 

Note   See the notes under section 26 in relation to provision in the Act relating to registration for the grant of statutory fishing rights. 

 [13] Section 28

substitute

(1)   This section applies to a person who is registered as an eligible person for the grant of a statutory fishing right.

(2)   AFMA must make a provisional grant to the person as follows:

(a)   if the person is registered as an eligible person for the grant of a quota statutory fishing right for a quota species under subsection 27 (1) — 1 quota statutory fishing right for the quota species for each quota unit of that quota species that the person was authorised to take in the fishery in accordance with a fishing permit held by the person immediately before the end of the notice period.

(3)   In this section:

notice period, for a statutory fishing right of a kind mentioned in paragraph (2) (a) and for a quota species, means the period specified in a notice published in relation to statutory fishing rights of that kind, and for that quota species, in the fishery under section 24 of the Act.

Note   See:

(a)     section 23 of the Act about the provisional grant of statutory fishing rights; and

(b)    Part 8, Division 3 of the Act about review by the Statutory Fishing Rights Allocation Review Panel.   

[14] Subsection 29(3)

substitute

(3) If the person does not apply for the grant within the period stated in the reminder notice, AFMA must send another notice (the final notice) to the person stating that the person’s registration will be cancelled if the person does not; within 14 days after the final notice is sent apply for the grant.

[15] Subsection 29(4)

substitute

(4) AFMA must cancel the person’s registration as an eligible person if, despite a final notice, the person does not apply for the grant within 14 days after the final notice is sent.

[16] Schedule 1 Part 3 Clause 1

omit

Gemfish eastern zone

insert

Gemfish and deepwater shark eastern zone

[17] Schedule 1 Part 3 Clause 2

omit

Gemfish western zone

insert

Gemfish and deepwater shark western zone

[18] Schedule 1 Part 3 Clause 4

omit

Orange roughy Cascade Plateau zone

insert

Cascade plateau zone

[19] Schedule 2

substitute

Schedule 2 Quota species

(section 3)