Northern Prawn Fishery (Closures) Direction No. 167

Link to law: https://www.comlaw.gov.au/Details/F2014L00254

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DIRECTION NOT TO ENGAGE IN FISHING
 
Fisheries Management Act 1991
Subsection 41A(2)
 
NORTHERN PRAWN FISHERY (Closures) DIRECTION No. 167
                                                                                                                                                      
 
I, James Findlay, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 6 of 2013 made on 16th September 2013 from the Commission, make the following Direction under subsection 41A(2) of the Fisheries Management Act 1991.
 
 
 
Dated:    11 March 2014
 
 
 
 
 
James Findlay
Chief Executive Officer
Australian Fisheries Management Authority
                                                                                                                                                      
 
Citation
1.      This Direction may be cited as the Northern Prawn Fishery (Closures) Direction No. 167.
Commencement
2.       This Direction commences the day after it is registered on the Federal Register of Legislative Instruments.
Cessation
3.       This Direction ceases as if it was revoked on 31 March 2015 unless earlier revoked.
Interpretation
4.1     In this Direction:
"boat" means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery;
"gear trial" means a test, or a series of short tests, of equipment on or towed by a boat and carried out under the following conditions:
(a)   the test is conducted in such a way as to avoid the capture of fish, primarily by keeping the cod end of nets fully open at all times; and
(b)   fish that are captured in the equipment during the test are returned to the sea as soon as practicable after it becomes apparent that the fish have been captured.
"equipment" means equipment for fishing;
"rack" means a structure on a boat (including a structure on, or forming a part of, the deck of the boat) designed specifically for carrying otter boards when the boards are not in use; and
"UTC" means Coordinated Universal Time, the time scale based on the second (SI), maintained by the International Bureau of Weights and Measures.  For the purposes of this Direction UTC is equivalent to mean solar time at the prime meridian (0 degrees longitude), formerly expressed in Greenwich Mean Time (GMT).
4.2  Terms used in this Direction that are defined for the purposes of the Northern Prawn Fishery Management Plan 1995 have the same meanings in this Direction as they have in that Plan.
Notes:      1.    Terms defined in the Fisheries Management Act 1991 have the same meanings in this Direction.
 
4.3  This Direction is to be read consistently with other Directions made under the Fisheries Management Act 1991.
4.4  The origin of geographical coordinates used in this Direction is the Australian Geodetic Datum 1966 (AGD66).
To whom this Direction applies
5.   This Direction applies to a holder of a fishing concession in the Northern Prawn Fishery and to a person acting on behalf of the holder.
Direction not to engage in fishing
6.1  Fishing is not to be engaged in in:
(a)   the areas described in Schedule 1 and 2 of this Direction during the period when this Direction commences and ending at 2200 hours UTC on 27 March 2014; and
(b)   the area described in Schedule 3 of this Direction, other than the sub areas within that area that are described in Schedules 4 and 5, during the period commencing at 2200 hours UTC on 27 March 2014 and ending at 1400 UTC 31 March 2014; and
(c)   the area described in Schedule 3 of this Direction, other than the areas described in Schedule 4, during the period commencing at 1400 UTC on 31 March 2014 and ending at 2200 hours UTC on 31 March 2014.
6.2   A person is prohibited from navigating in:
(a)   the area described in Schedule 3 of this Direction, other than the sub areas within that area that are described in Schedules 4 and 5, during the period commencing at 2200 hours UTC on 27 March 2014 and ending at 1400 UTC 31 March 2014; and
(b)   the area described in Schedule 3 of this Direction, other than the areas described in Schedule 4, during the period commencing at 1400 UTC on 31 March 2014 and ending at 2200 hours UTC on 31 March 2014.
 
Exemptions to the prohibitions in clause 6.1 and clause 6.2
7.1     The prohibition in clause 6.1 does not apply during the period commencing at 2130 hours UTC 31 March 2014 and ending at 2200 hours UTC 31 March 2014, if the person carries the equipment out of the water or, if any part of the equipment is in the water:
(a)   that part is drawn up to the boat; and
(b)       that part is visible from a nearby aircraft or boat; and
(c)       if the equipment includes cod ends - the cod ends are open; and
(d)  if the equipment includes lazy lines and blocks - the lazy lines are on the blocks.
7.2     The prohibition in clause 6.1 does not apply to a person who is fishing in accordance with another plan of management in force under the Fisheries Management Act 1991, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.
7.3     The prohibition in clause 6.1(a) does not apply to a person who is carrying out a gear trial in the areas described in Part A, B or C in Schedule 7 of this Direction.
7.4     The prohibition in clause 6.2 does not to apply to a person who:
 (a)  is within an area described as an exempt designated steaming track in Schedule 5 of this Direction, and carries the equipment inboard on the boat with any boards, beams and skids that are part of the equipment stowed in a rack or on the deck; or
 (b) before entering the area described in Schedule 1 of this Direction during the period commencing on the day this Direction commences and ending at 2200 hours UTC on 31 March 2014, applies to AFMA and receives written confirmation from AFMA for an exemption in accordance with Schedule 6; or
 (c)  is within the area described in Schedule 2 of this Direction, during the period commencing at 1400 UTC on 31 March 2014 and ending at 2200 hours UTC on 31 March 2014 applies to AFMA and receives a written confirmation from AFMA for an exemption in accordance with Schedule 7; or.
(d)  is fishing in accordance with another plan of management in force under the Fisheries Management Act 1991, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.
Carriage of equipment
8.1     A person in an area described in Schedule 4 and Schedule 5 of this Direction who has in that person's possession or in that person's charge, boat equipment of the kind described in clause 8.3, during the period commencing on the day this Direction commences and ending at 1400 hours UTC on 31 March 2014, must:
(a)   carry the equipment inboard on the boat with any boards, beams and skids that are part of the equipment stowed in a rack or on the deck; or
(b)   be carrying out a gear trial in accordance with this Direction.
8.2     Any person in an area described in Schedule 3 of this Direction during the period commencing at 1400 UTC on 31 March 2014 and ending at 2200 hours UTC on 31 March 2014 must carry the equipment out of the water or, if any part of the equipment is in the water:
 
(a)   that part is drawn up to the boat; and
(b)   that part is visible from a nearby aircraft or boat; and
(c)    if the equipment includes cod ends - the cod ends are open; and
(d)   if the equipment includes lazy lines and blocks - the lazy lines are on the blocks.
8.3    The equipment referred to in clauses 8.1 and 8.2 is equipment that is:
(a)   capable of being used for any kind of trawling; or
(b)       capable of being used for taking fish that can be fished for under a     statutory fishing right for the Northern Prawn Fishery.
SCHEDULE 1
 
Prior to Season Closure
 
The area bounded by the line:
(a)        commencing at the intersection of the meridian of longitude 138° East and the mainland of Australia at the low water mark; and
(b)       then running north along that meridian to its intersection with the parallel of Latitude
11° 47' South; and
(c)        then east along the geodesic to the intersection of the parallel of Latitude
11°47’ South with the northern shore of the mainland at low water mark, in the vicinity of the Skardon River, on the eastern side of the Gulf of Carpentaria; and
(d)       then generally southerly and then generally westerly along that shore at low-water to the point of commencement.
 
 
SCHEDULE 2
 
Prior to Season Closure
 
The area bounded by the line:
(a)               commencing at the intersection of the north-western shore of the mainland of Australia at low-water with the meridian of Longitude 126°58' East;
(b)               then running north along that meridian to its intersection with the parallel of Latitude 13°28' South;    
(c)                then east along the parallel of Latitude 13º28’ South to the meridian of Longitude 127º42’ East;
(d)               then north easterly along the geodesic to the point of Latitude 12°45' South, Longitude 129°40' East;
(e)                then north along the meridian of Longitude 129°40' East to its intersection with the parallel of Latitude 10°30' South;
(f)                then east along that parallel to its intersection with the meridian of Longitude 133°16' East;
(g)               then south along that meridian to its intersection with the parallel of Latitude 11°00' South;
(h)               then south-easterly along the geodesic to the point of Latitude 11°25' South, Longitude 134°15' East;
(i)                 then east along the parallel of Latitude 11°25' South to its intersection with the meridian of Longitude 135°35' East;
(j)                 then north-easterly along the geodesic to the point of Latitude 11°05' South, Longitude 136°10' East;
(k)               then north-easterly along the geodesic to the point of Latitude 10°30' South, Longitude 136°40' East;
(l)                 then south-easterly along the geodesic to the point of Latitude 11°00' South, Longitude 137°05' East;
(m)             then south along the meridian of Longitude 137°05' East to its intersection with the parallel of Latitude 11°47' South;
(n)               then north easterly along the geodesic to the point of intersection of the parallel of Latitude 11° 29.16' South with the meridian of Longitude 138° East;
(o)               then south along that meridian to its intersection with the mainland at low water mark;
(p)               then generally westerly along the shore at low water mark to the point of commencement.
 
SCHEDULE 3
 
VMS Controlled Start
 
The area bounded by the line:
(a)        commencing at the intersection of the northern shore of the mainland of Australia by the parallel of Latitude 11° 45’South in the vicinity of Kerr Reef;
(b)       then running west along the parallel of Latitude 11° 45’South to the meridian of Longitude 141° 27.6’ East;
(c)        then running south westerly along the geodesic to the point of Latitude 12° 13.2 South, 141° 05’East;
(d)       then running south along the meridian to its intersection with the Latitude 15°30’ South;
(e)        then running south westerly to the point of Latitude 16°40’ South and Longitude 140°40’ East;
(f)        then running west along the parallel to the intersection of the point of Latitude 16°40 South and 140°09’ East;
(g)       then running north along the meridian to the intersection with the point of Latitude 15°50’ South;
(h)       then running north westerly to the point of Latitude 15°00’ South and 137°12’ East;
hen north along the meridian to the intersection with Latitude 12°00’ South;
(i)        then north westerly to the intersection with the point of Latitude 11°00’ South and Longitude 136°46’ East in the vicinity of Cape Wessel;
(j)        then west along the parallel to the intersection with Longitude 136°26’ East;
(k)       then south westerly to the intersection with the point Latitude 11°23’ South and Longitude 135°43’ East;
(l)        then south westerly to the intersection with the point Latitude 11°30’ South and Longitude 134°34’ East;
(m)      then north westerly to the intersection with the point Latitude 10°40’ South and Longitude 132°50’ East;
(n)       then west along that parallel to the intersection with the meridian of Longitude 132°30’ East;
(o)       then south westerly to the intersection with the point Latitude 10°50’ South and Longitude 132°05’ East;
(p)       then west along the parallel to the intersection with Longitude 130°18’ East;
(q)       then south westerly to the intersection with the point of Latitude 11°07’ South and Longitude 129°48’ East;
(r)        then south along the meridian to its intersection with the parallel of Latitude 11°50’ South;
(s)        then south easterly to the intersection with the point Latitude 12°15’ South and Longitude 129°55’ East;
(t)        then south along the meridian to the intersection with the parallel of Latitude 12°37’ South;
(u)       then south westerly to the intersection with the point Latitude 13°28.5’ South and Longitude 127° 39’ East;
(v)       then west along that parallel to the intersection with Longitude 126°58’ East;
(w)      then south along that meridian to its intersection with Latitude 13°44’ South in the vicinity of Cape Londonderry;
(x)       then generally easterly along the shore at low water mark to the point of commencement.
 
 
 
 
SCHEDULE 4
 
Assembly Areas
 
Part A - Weipa assembly area
The areas of proclaimed waters contained within the area bounded by the line:
(a)        commencing at the intersection of the northern shore of the mainland of Australia on the Weipa Peninsular, in the vicinity of Gonbung Point (Evans Point), at low-water by the parallel of Latitude 12°40' South;
(b)       then running west along that parallel to its intersection with the meridian of Longitude 141°43.3' East;
(c)        then south along that meridian to its intersection with the parallel of Latitude 12°43.2' South;
(d)       then east along that parallel to its intersection with the northern shore of the mainland of Australia on Cape York Peninsula at low-water; and
(e)        then generally northerly along that shore at low-water to the point of commencement.
 
Part B - Karumba assembly area
The area of proclaimed waters contained within the area bounded by the line:
(a)        commencing at the intersection of the southern shore of the Gulf of Carpentaria at low-water by the meridian of Longitude 140°40' East;
(b)       running then north along that meridian to its intersection with the parallel of Latitude 17°21' South;
(c)        then east along that parallel to its intersection with the eastern shore of the Gulf of Carpentaria at low-water; and
(d)       then generally south-westerly along that shore at low-water to the point of commencement.
 
Part C - Darwin assembly area
The area of waters known as Darwin Harbour Waters landward of the geodesic between the westernmost point on East Point at low-water and the easternmost point on West Point at low-water.
 
Part D - Gove assembly area
The area of waters known as Gove Harbour landward of the geodesic between the easternmost point on Shepherd Bluff at low-water and the northernmost point on Wargarpunda Point at low-water.
 
SCHEDULE 5
 
Designated Steaming Tracks
 
Darwin - west
(a)        commencing at the point of Latitude 12° 18.48’ South and Longitude 129°55’ East;
(b)       then south easterly to the position Latitude 12°15’ South and Longitude 130°20 East;
(c)        then ending at Latitude 12º20.2’ South Longitude 130º41.8’ East at the fairway buoy entering the Port of Darwin
 
Darwin – east 1
(a)        commencing at Latitude 12º20.2’ South Longitude 130º41.8’ East which is the fairway buoy at the entry to the Port of Darwin heading north easterly to the intersection of the point Latitude 12°19’ South and Longitude 130°41.9’ East;
(b)       then north easterly to the point Latitude 12° 04.6’ South and Longitude 130°55.9’ East;
(c)        then easterly to the point Latitude 12°04.7’ South and Longitude 131°01.1’ East;
(d)       then easterly to the point Latitude 12°05.5’ South and Longitude 131°08’ East;
(e)        then easterly to the point Latitude 12°04.8’ South and Longitude 131°11.4’ East;
(f)        then north easterly to the point Latitude 11°53’ South and Longitude 131°21.5’ East;
(g)       then north easterly to the point Latitude 11°53.3’ and Longitude 131°33’ East;
(h)       then north easterly to the point Latitude 11°39.8’ South and Longitude 131°37.6’ East;
(i)        then north easterly to the point Latitude 11°11.2’ South and Longitude 131°42.1’ East;
(j)        and then north easterly to the point Latitude 10°50’ South and Longitude 132°05’ East.
 
Darwin – east 2
(a)                commencing at Latitude 12°04’ South, Longitude 130°55’ East;
(b)               then following north channel through Vernon Islands in a north easterly direction to the point Latitude 11°55’ South and Longitude 131°11’ East;
(c)                then north easterly to the point Latitude 11°37’ South and Longitude 131°30’ East;
(d)               then north easterly to join steaming track ‘Darwin east 1’ at the point Latitude 11°30’ South and Longitude 131°40’ East;
 
Gove
(a)        commencing at the point of Latitude 11° 42.73’ South and Longitude 136°53.73’East; and
(b)       ending at the point of Latitude 12°11.21’ South and Longitude 136°39.2’ East at the entry to Gove Harbour.
 
Karumba
(a)        commencing at the point of Latitude 16°30’ South and Longitude 140°30’ East;
(b)       then southerly to the point of Latitude 16°35.44’ South and Longitude 140°30’ East;
(c)        then south easterly to the point of Latitude 17°25.5’ East and Longitude 140°43’ East at the entry to the Port of Karumba.
Weipa – north
(a)                commencing at the point of Latitude 11º 45’ South and Longitude 141º 27.6’ East
(b)               then south-westerly to the Weipa north-west designated steaming track at the point of Latitude 12º 35’ South and Longitude 141º 32.3’ East
 
Weipa - north-west
(a)        commencing at the point of Latitude 12°00’ South and Longitude 141°05’ East;
(b)       then south easterly to the point of Latitude 12°42’ South and Longitude 141°37.7’ East;
(c)        then easterly along that meridian to the intersection with Longitude 141°40.3’ East at the entry to the Port of Weipa.
 
Weipa – west
(a)        commencing at the point of Latitude 12°42’ South and Longitude 141°37.7 East;
(b)       then west along that meridian to the intersection with Longitude 141°05.
 
 
SCHEDULE 6
 
Application for Exemption to Schedule 1 and Schedule 2
 
1.         An applications for an exemption to the prohibition on navigation in the closed area (Schedule 1) will be considered for approval in exceptional circumstances, including vessel breakdown, distress, medical emergency, cyclone or weather warning, or to access an anchorage where no transit corridor has been provided.
 
2.         In circumstances where an exemption is granted by AFMA, navigation through a closed area must be in accordance with the navigation rules specified in Part 9A of the Fisheries Management Regulations 1992, or in accordance with any instructions given by AFMA.
 
 
SCHEDULE 7
 
Part A - Karumba southern gear trial area
 
The area bounded by the line:
(a)        commencing at the point of Latitude 17°20' South, Longitude 140°35' East;
(b)       then running north along the meridian of Longitude 140°35' East to its intersection with the parallel of Latitude 17°15' South;
(c)        then east along that parallel to its intersection with the meridian of Longitude 140°45' East;
(d)       then south along that meridian to its intersection with the parallel of Latitude 17°20' South; and
(e)        then west along that parallel to the point of commencement.
 
Part B - Karumba northern gear trial area
 
The area bounded by the line:
(a)        commencing at the point of Latitude 16°35' South, Longitude 140°25' East;
(b)       running then north along the meridian of Longitude 140°25' East to its intersection with the parallel of Latitude 16°30' South;
(c)        then east along that parallel to its intersection with the meridian of Longitude 140°30' East;
(d)       then south along that meridian to its intersection with the parallel of Latitude 16°35' South;    and
(e)        then west along that parallel to the point of commencement.
 
 
 
Part C - Darwin gear trial area
 
The area bounded by the line:
(a)        commencing at the point of Latitude 12°20' South and Longitude 130°36' East,
(b)       then running north along that meridian of Longitude 130°36' East to its intersection with the parallel of Latitude 12°15' South;
(c)        then east along that parallel to its intersection with the meridian Longitude 130°41' East;
(d)       then south along that meridian to the intersection with the parallel of Latitude 12°20' South, and
(e)        then west along that parallel to the point of commencement.
 
Part D – West of Cape York gear trial area
 
The area bounded by the line:
(a)        commencing at the point of Latitude 11°59' South and Longitude 141°32' East,
(b)       then running north along that meridian of Longitude 141°32' East to its intersection with the parallel of Latitude 11°54' South;
(c)        then east along that parallel to its intersection with the meridian Longitude 141°37' East;
(d)       then south along that meridian to the intersection with the parallel of Latitude 11°59' South, and
(e)        then west along that parallel to the point of commencement.