I, the Minister for Primary Industries, in pursuance of section 221IG of the Fisheries Management Act 1994, make the following interim Order.

Dated, this 10th day of June 2005.

IAN MICHAEL MACDONALD, M.L.C.,

Minister for Primary Industries

Explanatory note

Southern bluefin tuna is listed as an endangered species under the Fisheries Management Act 1994.

However, the Act enables the Minister to make an order authorising a class of persons to carry out an activity that may result in harm to an endangered species, population or ecological community or damage to its habitat. As an interim measure (that is, while such a proposed order is being assessed under the Act), the Minister may make an order lasting up to 6 months to allow an existing activity to be continued. The Act also provides for the remaking of an interim order.

The object of this interim Order is to remake the Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2004 (which took effect on 10 December 2004 for a period of 6 months) to permit recreational fishers to continue to take and possess southern bluefin tuna, for a further period of 6 months, subject to compliance with any applicable fishing regulatory controls (for example, the daily bag limit applying in relation to the taking and possessing of southern bluefin tuna under Division 3 of Part 2 of the Fisheries Management (General) Regulation 2002).

This interim Order is made under section 221IG of the Fisheries Management Act 1994.

1   Name of interim Order

This interim Order is the Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2005.

2   Commencement and duration

This interim Order:

(a)  takes effect on 10 June 2005, and

(b)  ceases to have effect 6 months after that day.

Editorial note. The Order appointed 10.6.2005 as the date of its commencement. However, section 221IG of the Fisheries Management Act 1994 provides that such an order is made by publication in the Gazette. Accordingly, as the Order cannot have effect before its publication in the Gazette, the Order commenced on 17.6.2005 (the day on which it was so published) instead of from the earlier day.

3   Continuation of existing activities

Recreational fishers may continue to take and possess Thunnus maccoyii (southern bluefin tuna), subject to compliance with any applicable fishing regulatory controls.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2005 (249). GG No 73 of 17.6.2005, p 2454. Date of commencement, on gazettal (The Order appointed 10.6.2005 as the date of its commencement. However, section 221IG of the Fisheries Management Act 1994 provides that such an order is made by publication in the Gazette. Accordingly, as the Order cannot have effect before its publication in the Gazette, the Order commenced on 17.6.2005 (the day on which it was so published) instead of from the earlier day.).