Northern Prawn Fishery (Closures) Direction No. 170

Link to law: https://www.comlaw.gov.au/Details/F2014L00991

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DIRECTION NOT TO ENGAGE IN FISHING
 
Fisheries Management Act 1991
Subsection 41A(2)
 
NORTHERN PRAWN FISHERY (CLOSURES) DIRECTION No. 170
                                                                                                                                                      
 
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 July 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. 170.
Commencement
2.             This Direction commences the day after it is registered on the Federal Register of Legislative Instruments.
Cessation
3.             This Direction ceases to have effect as if revoked at 2200 hours UTC on 31 July 2015 unless earlier revoked.
Interpretation
4.1         In this Direction:
"boat" means a boat that is nominated to 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;
"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 World Geodetic System 1984 (WGS84).
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 the area of the fishery defined in Schedule 1 and Schedule 2 until 0830 hours UTC on 1 August 2014.
6.2         Fishing is not to be engaged in in the area of the fishery defined in Schedule 3 and Schedule 6 during the period commencing at 2200 hours UTC on 30 September 2014 and ending at 2200 hours UTC on 30 November 2014.
6.3         Fishing is not to be engaged in in the area of the fishery defined in Schedule 4, Schedule 5 and Schedule 7 during the period commencing at 2230 hours UTC on 30 September 2014 and ending at 2230 hours UTC on 30 November 2014.
6.4         Fishing is not to be engaged in in the area of the fishery defined in Schedule 8 during the period commencing at 2200 hours UTC on 30 November 2014 and ending at 2200 hours UTC on 31 July 2015.
6.5         Fishing is not to be engaged in in the area of the fishery defined in Schedule 9 during the period commencing at 2230 hours UTC on 30 November 2014 and ending at 2200 hours UTC on 31 July 2015.
Daylight fishing ban for Northern Territory waters
6.6         Fishing is not to be engaged in in the area of the fishery defined in Schedule 10 and Schedule 11 which is west of the meridian of Longitude 138° E, between the times of 2230 hours UTC and 0830 hours UTC each day, during the period commencing at 0830 hours UTC on 1 August 2014 and ending at 2230 hours UTC on 30 November 2014.
Daylight fishing ban for Queensland waters
6.7         Fishing is not to be engaged in in the area of the fishery defined in Schedule 11 which is east of the meridian of Longitude 138° E, between the times of 2200 hours UTC and 0800 hours UTC each day, during the period commencing at 0800 hours UTC on 1 August 2014 and ending at 2200 hours UTC on 30 November 2014.
 
Exemption to the prohibition in clauses 6.1, 6.2, 6.3, 6.4 and 6.5
7.       The prohibition in clauses 6.1, 6.2, 6.3, 6.4 and 6.5 does not apply to a person who is conducting a gear trial in an area of the fishery defined in Schedule 12.
Revocation of previous Direction
8.             This Direction revokes the Northern Prawn Fishery (Closures) Direction No. 168 with effect from the commencement date of this Direction.
                              
SCHEDULE 1
Mid-Season Closure
 
The area bounded by the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water with the meridian of Longitude 138° East;
(b)               from there north along the meridian of Longitude 138° East to its intersection with the parallel of Latitude 11° 47' South;
(c)                from there east along the parallel of Latitude 11° 47' South to its intersection with the mainland of Australia at the mean low water;
(d)               from there generally southerly and then generally westerly along the coastline of the mainland of Australia at mean low water to the point of commencement.
 
SCHEDULE 2
Mid-Season Closure – Part 1
 
The area bounded by the line:
(a)                commencing at the intersection of the north-western coastline of the mainland of Australia at mean low water with the western boundary of the Northern Prawn Fishery;
(b)               from there north along the western boundary of the Northern Prawn Fishery to its intersection with the parallel of Latitude 13º 28' South;
(c)                from there east along the parallel of Latitude 13º 28' South to its intersection with the meridian of Longitude 127º 00' East;
(d)               from there north easterly along the geodesic to the point of Latitude 13° 21.4' South, Longitude 129° 30.9' East;
(e)                from there south westerly along the geodesic to the point of Latitude 13° 45' South, Longitude 129° 12' East;
(f)                from there west along the parallel of latitude 13° 45' South to the intersection with the mainland of Australia at mean low water mark;
(g)               from there generally south easterly along the coastline of the mainland of Australia at mean low water to the point of commencement.
 
Mid-Season Closure – Part 2
 
The area bounded by the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water with the parallel of Latitude 13° 10' South, in the vicinity of Channel Point;
(b)               from there west along the parallel of Latitude 13° 10' South to the intersection with the meridian of Longitude 129° 40' East;
(c)                from there north along the meridian of Longitude 129° 40' East to its intersection with the parallel of Latitude 10° 30' South;
(d)               from there east along the parallel of Latitude 10° 30' South to its intersection with the meridian of Longitude 133° 16' East;
(e)                from there south along meridian of Longitude 133° 16' East to its intersection with the parallel of Latitude 11° 00' South;
(f)                from there south-easterly along the geodesic to the point of Latitude 11° 25' South, Longitude 134° 15' East;
(g)               from there east along the parallel of Latitude 11° 25' South to its intersection with the meridian of Longitude 135° 35' East;
(h)               from there north-easterly along the geodesic to the point of Latitude 11° 05' South, Longitude 136° 10' East;
(i)                 from there north-easterly along the geodesic to the point of Latitude 10° 30' South, Longitude 136° 40' East;
(j)                 from there south-easterly along the geodesic to the point of Latitude 11° 00' South, Longitude 137° 05' East;
(k)               from there south along the meridian of Longitude 137° 05' East to its intersection with the parallel of Latitude 11° 47' South;
(l)                 from there north easterly along the geodesic to the point of intersection of the parallel of Latitude 11° 29.17' South with the meridian of Longitude 138° East;
(m)             from there south along the meridian of Longitude 138° East to its intersection with the coastline of the mainland of Australia at mean low water;
(n)               from there generally north westerly along the coastline of Australia at mean low water to the point of commencement.
SCHEDULE 3
Tarrant Point - Mornington Island - Bynoe River
The area bounded by the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water, in the vicinity of Tarrant Point, with the meridian of Longitude 139° 25' East;
(b)               from there north-easterly along the geodesic to the point of Latitude 17° 05.65' South, Longitude 139° 34.72' East, in the vicinity of Raft Point on Bentinck Island;
(c)                from there north-easterly along the geodesic to the point of Latitude 16° 31.92' South, Longitude 139° 42.75' East, in the vicinity of Cape Van Diemen on Mornington Island;
(d)               from there north-easterly along the geodesic to the point of Latitude 16° 29.5' South, Longitude 139° 49' East, in the vicinity of Pisonia Island;
(e)                from there south-easterly along the geodesic to the intersection of the meridian of Longitude 140° 43' East with the northern coastline of the mainland of Australia at mean low water, in the vicinity of Bynoe Inlet;
(f)                from there generally westerly along that coastline at mean low water to the point of commencement;
SCHEDULE 4
Sir Edward Pellew Group
The area bounded by the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water with the meridian of Longitude 137° 10' East;
(b)               from there north along the meridian of Longitude 137° 10' East to its intersection with the parallel of Latitude 15° 38.3' South;
(c)                from there west along the parallel of Latitude 15° 38.3' South to its intersection with the meridian of Longitude 136° 57' East;
(d)               from there north along the meridian of Longitude 136° 57' East to its intersection with the parallel of Latitude 15° 15' South;
(e)                from there west along the parallel of Latitude 15° 15' South to its intersection with the northern coastline of the mainland of Australia at mean low water;
(f)                from there generally south-easterly along that coastline at mean low water to the point of commencement.
SCHEDULE 5
North East Vanderlin Island 83 Patch
The area bounded by the line:
(a)                commencing at the intersection of parallel of Latitude 15° 30' South and meridian of Longitude 137° 20' East;
(b)               from there north along the meridian of Longitude 137° 20' East to its intersection with the parallel of Latitude 15° 10' South;
(c)                from there east along the parallel of Latitude 15° 10' South to its intersection with the meridian of Longitude 137° 40' East;
(d)               from there south along the meridian of Longitude 137° 40' East to its intersection with the parallel of Latitude 15° 30' South;
(e)                from there west along the parallel of Latitude 15° 30' South to the point of commencement.
SCHEDULE 6
Weipa
The area bounded by the line:
(a)                commencing at the intersection of the mainland of Australia at mean low water with parallel of Latitude 12° South;
(b)               from there west along the parallel of Latitude 12° South to its intersection with the meridian of Longitude 141° 46' East;
(c)                from there south westerly along the geodesic to the point of Latitude 12° 34' South, Longitude 141° 30.5' East;
(d)               from there south easterly along the geodesic to the point of Latitude 12° 59.6' South, Longitude 141° 31.5' East;
(e)                from there south along the meridian of Longitude 141° 31.5' East to its intersection with the parallel of Latitude 13° 15' South;
(f)                from there east along the parallel of Latitude 13° 15' South to its intersection with the mainland of Australia at mean low water;
(g)               from there generally north along that coastline at mean low water to the point of commencement.
SCHEDULE 7
Cambridge Gulf
The area bounded by the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water with the meridian of Longitude 128° 45' East;
(b)               from there north along the meridian of Longitude 128° 45' East to its intersection with parallel of Latitude 14° 06' East;
(c)                from there west along the parallel of Latitude 14° 06' East to its intersection with meridian of Longitude 128° 06.5' East;
(d)               from there south along the meridian of Longitude 128° 06.5' East to its intersection with parallel of Latitude 14° 09' South;
(e)                from there west along the parallel of Latitude 14° 09' South to its intersection with meridian of Longitude 127° 46.5' East;
(f)                from there north along the meridian of Longitude 127° 46.5' East to its intersection with parallel of Latitude 14° 06' East;
(g)               from there west along the parallel of Latitude 14° 06' East to its intersection with the coastline of the mainland of Australia at mean low water;
(h)               from there generally south easterly along the coastline of Australia at mean low water to the point of commencement.
SCHEDULE 8
End of Season Closure
The area bounded by the line:
(a)                commencing at the intersection of the mainland of Australia at mean low water with the meridian of Longitude 138° East;
(b)               from there north along meridian of Longitude 138° East to its intersection with the parallel of Latitude 11° 47' South;
(c)                from there east along the parallel of Latitude 11° 47' South to its intersection with the mainland of Australia at the mean low water;
(d)               from there generally southerly and then generally westerly along the coastline of the mainland of Australia at mean low water to the point of commencement.
SCHEDULE 9
End of Season Closure
The area bounded by the line:
(a)                commencing at the intersection of the north-western coastline of the mainland of Australia at mean low water with the western boundary of the Northern Prawn Fishery;
(b)               from there running north along the western boundary of the Northern Prawn Fishery to its intersection with the parallel of Latitude 13° 28' South;
(c)                from there east along the parallel of Latitude 13º 28' South to the meridian of Longitude 127° 42' East;
(d)               from there north easterly along the geodesic to the point of Latitude 12° 45' South, Longitude 129° 40' East;
(e)                from there north along the meridian of Longitude 129° 40' East to its intersection with the parallel of Latitude 10° 30' South;
(f)                from there east along the parallel of Latitude 10° 30' South to its intersection with the meridian of Longitude 133° 16' East;
(g)               from there south along the meridian of Longitude 133° 16' East to its intersection with the parallel of Latitude 11° 00' South;
(h)               from there south-easterly along the geodesic to the point of Latitude 11° 25' South, Longitude 134° 15' East;
(i)                 from there east along the parallel of Latitude 11° 25' South to its intersection with the meridian of Longitude 135° 35' East;
(j)                 from there north-easterly along the geodesic to the point of Latitude 11° 05' South, Longitude 136° 10' East;
(k)               from there north-easterly along the geodesic to the point of Latitude 10° 30' South, Longitude 136° 40' East;
(l)                 from there south-easterly along the geodesic to the point of Latitude 11° 00' South, Longitude 137° 05' East;
(m)             from there south along the meridian of Longitude 137° 05' East to its intersection with the parallel of Latitude 11° 47' South;
(n)               from there north easterly along the geodesic to the point of Latitude 11° 29.17' South, Longitude 138° East;
(o)               from there south along meridian of Longitude 138° East to its intersection with the mainland of Australian at mean low water;
(p)               from there generally westerly along the coastline of the mainland of Australia at mean low water to the point of commencement.
SCHEDULE 10
Goulburn Islands
The area bounded by the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water with the meridian of Longitude 132° 57.7' East;
(b)               from there north along the meridian of Longitude 132° 57.7' East to its intersection with the parallel of Latitude 11° 10.5' South;
(c)                from there east along the parallel of Latitude 11° 10.5' South to its intersection with the meridian of Longitude 133° 31' East;
(d)               from there south along the meridian of Longitude 133° 31' East to the northern coastline of the mainland of Australia at mean low water;
(e)                from there generally northwest along the coastline of the mainland of Australia at mean low water to the point of commencement.
SCHEDULE 11
Gulf of Carpentaria
The area bounded at the line:
(a)                commencing at the intersection of the northern coastline of the mainland of Australia at mean low water with the meridian of Longitude 135° 56.78' East;
(b)               from there north along the meridian of Longitude 135° 56.78' East to its intersection with the southern coastline of Alger Island at mean low water, in the vicinity of the point of Latitude 11° 54.3' South, Longitude 135° 56.77' East;
(c)                from there north-easterly along the eastern coastline of Alger Island at mean low water to the northern most point of Alger Island at mean low water, in the vicinity of the point of Latitude 11° 50.9' South, Longitude 135° 59' East;
(d)               from there north easterly along the geodesic to the southernmost coastline of Warnawi Island at mean low water, in the vicinity of the point of Latitude 11° 48.77' South, Longitude 136° 01.7' East;
(e)                from there north easterly along the geodesic to the southernmost coastline of Jirrgari Island at mean low water, in the vicinity of the point of Latitude 11° 43.53' South, Longitude 136° 07.85' East;
(f)                from there north-easterly along the eastern coastline of Jirrgari Island at mean low water to the easternmost point of Jirrgari Island at mean low water, in the vicinity of the point of Latitude 11° 41.92' South, Longitude 136° 09.32' East;
(g)               from there north easterly along the geodesic to the most south westerly point of Raragala Island at mean low water, in the vicinity of the point of Latitude 11° 41.6' South, Longitude 136° 09.55' East;
(h)               from there north-easterly along the eastern coastline of Raragala Island at mean low water to the southern end of Gugari Rip (Hole in the Wall) at mean low water, in the vicinity of the point of Latitude 11° 34.07' South, Longitude 136° 22.33' East;
(i)                 from there north easterly along the geodesic, across the southern end of Gugari Rip (Hope in the Wall), to the southernmost point of Guluwaru Island at mean low water, in the vicinity of the point of Latitude 11° 34' South, Longitude 136° 22.45' East;
(j)                 from there north-easterly along the eastern coastline of Guluwuru Island at mean low water to the northern most point of Guluwuru Island at mean low water, in the vicinity of the point of Latitude 11° 28' South, Longitude 136° 28.32' East;
(k)               from there north easterly along the geodesic, across the southern end of Cumberland Straight, to the southernmost point of Marchinbar Island at mean low water, in the vicinity of the point of Latitude 11° 27.68' South, Longitude 136° 29.6' East;
(l)                 from there north-easterly along the eastern coastline of Marchinbar Island at mean low water to the northern most point of Marchinbar Island at mean low water, in the vicinity of the point of Latitude 11° 01.1' South, Longitude 136° 45.58' East;
(m)             from there north easterly along the geodesic to the easternmost point of Rimbija Island at mean low water, in the vicinity of the point of Latitude 11° 0.33' South, Longitude 136° 45.77' East;
(n)               from there north-westerly along the coastline of Rimbija Island at mean low water to the northern most point of Cape Wessel at mean low water, in the vicinity of the point of Latitude 11° 00.05' South, Longitude 136° 45.42' East;
(o)               from there easterly along the geodesic to the point of Latitude 11°00' South, Longitude 137° 05' East;
(p)               from there south along the meridian of Longitude 137° 05' East to its intersection with the parallel of Latitude 11° 47' South;
(q)               from there north easterly along the geodesic to the intersection of the parallel of Latitude 11° 00' South with the coastline of the mainland of Australia at mean low water, in the vicinity of Crab Island, on the eastern side of the Gulf of Carpentaria;
(r)                  from there generally southerly and north-westerly along the coastline of the mainland of Australia at mean low water to the point of commencement.
SCHEDULE 12
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)               from there north along the meridian of Longitude 140° 35' East to its intersection with the parallel of Latitude 17° 15' South;
(c)                from there east along the parallel of Latitude 17° 15' South to its intersection with the meridian of Longitude 140° 45' East;
(d)               from there south along the meridian of Longitude 140° 45' East to its intersection with the parallel of Latitude 17° 20' South;
(e)                from there west along the parallel of Latitude 17° 20' South 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)               from there north along the meridian of Longitude 140° 25' East to its intersection with the parallel of Latitude 16° 30' South;
(c)                from there east along the parallel of Latitude 16° 30' South to its intersection with the meridian of Longitude 140° 30' East;
(d)               from there south along the meridian of Longitude 140° 30' East to its intersection with the parallel of Latitude 16° 35' South;
(e)                from there west along the parallel of Latitude 16° 35' South 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)               from there north along the meridian of Longitude 130° 36' East to its intersection with the parallel of Latitude 12° 15' South;
(c)                from there east along the parallel of Latitude 12° 15' South to its intersection with the meridian of Longitude 130° 41' East;
(d)               from there south along the meridian of Longitude 130° 41' East to its intersection with the parallel of Latitude 12° 20' South;
(e)                from there west along the parallel of Latitude 12° 20' South 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.