Northern Prawn Fishery (Closures) Direction No. 159

Link to law: https://www.comlaw.gov.au/Details/F2012L01174

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DIRECTION NOT TO ENGAGE IN FISHING
 
Fisheries Management Act 1991
Subsection 41A(2)
 
NORTHERN PRAWN FISHERY (Closures) DIRECTION No. 159
                                                                                                                                                      
 
I, James Findlay, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 1 of 2011 made on 28th January 2011 from the Commission, make the following Direction under subsection 41A(2) of the Fisheries Management Act 1991.
 
 
 
Dated:        8 June 2012
 
 
 
 
 
James Findlay
Chief Executive Officer
Australian Fisheries Management Authority
                                                                                                                                                      
 
Citation
1.       This Direction may be cited as the Northern Prawn Fishery (Closures) Direction No. 159.
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 at 2200 hours UTC on 31 December 2012 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;
"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 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 the area of the fishery west of Longitude 138°00’East.
6.2     Fishing is not to be engaged in in the area of the fishery east of Longitude 138°00’East between 2200 hours UTC and 0800 hours UTC.
6.3     Fishing is not to be engaged in in the area of the fishery defined in Schedule 1 of this Direction.
6.4     Fishing is not to be engaged in in the area of the fishery defined in Schedule 3 of this Direction between 0200 hours UTC on 15 June 2012 and 0830 hours UTC on 31 December 2012.
6.5     Fishing is not to be engaged in in the area of the fishery defined in Schedule 4 of this Direction between 0200 hours UTC on 15 June 2012 and 0830 hours UTC on 31 December 2012.
Exemption to the prohibition in clause 6.3
7.     The prohibition in clause 6.3 does not apply to a person if the person:
1.                  is within an area described as an exempt transit corridor in Schedule 2 of this Direction; and  
2.         either carries the equipment out of the water; or
3.         if any part of the equipment is in the water, then:
(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.  
Revocation of Northern Prawn Fishery (Closures) Direction No’s. 156 and 157
8.       This Direction revokes Northern Prawn Fishery (Closures) Direction No. 156 and Northern Prawn Fishery (Closures) Direction No. 157 with effect from the commencement date of this Direction.
SCHEDULE 1
Sweers Island - Mornington Island
 
The area bounded by the line:
(a)        commencing at the point of Latitude 17° 00 South and Longitude 139°36’East ;
(b)       then north easterly along the geodesic to the point of Latitude 16° 32’South Longitude 139° 42.66’East in the vicinity of Cape Van Diemen on Mornington Island;
(c)        then south easterly along the geodesic to the point of Latitude 16° 42.83’South Longitude 139° 49.5 East in the vicinity of the western side of South Bountiful Island;
(d)       then south along the meridian 139° 49.5’East to Latitude 17° 00’South;
(e)        then west along the parallel of Latitude 17° 00’South to the point of commencement;
(f)        with the exception of the exempt transit corridor listed in Schedule 2.
 
 
SCHEDULE 2
EXEMPT TRANSIT CORRIDOR
Sweers Island - Mornington Island
 
The area bounded by the line:
(a)        commencing at the point of Latitude 16°52.5' South, Longitude 139°37.83' East;
(b)       then running east along that parallel to its intersection with the meridian of Longitude 139° 49.5' East;
(c)        then generally south along the geodesic to the point of Latitude 16°56' South, Longitude 139° 49.5' East;
(d)       then west along that parallel to its intersection with the meridian of Longitude 139°37.08' East; and
(e)        then generally north to the point of commencement.
 
SCHEDULE 3
 
Mid 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 4
Mid 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 123°45' East;
(b)        then running north along that meridian to its intersection with the parallel of Latitude 15°28' South;
(c)        then north-easterly along the geodesic to the point of Latitude 14°53' South, Longitude 124°08' East;
(d)        then north-easterly along the geodesic to the point of Latitude 14°12' South, Longitude 124o50' East;
(e)        then north-easterly along the geodesic to the point of Latitude 13°28' South, Longitude 125°43' East;
(f)        then east along the parallel of Latitude 13º28’ South to the meridian of Longitude 127º00’ East;
(g)               then north easterly along the geodesic to the point of Latitude 13°21.4' South, Longitude 129°30.9' East;
(h)               then south westerly along the geodesic to the point of Latitude 13°45’ South, Longitude 129°12’ East;
(i)                 then west along the parallel to the intersection with the mainland at low water mark;
(j)                 then generally north easterly along the shore at low water mark to the parallel of latitude 13°10’ South;
(k)               then westerly along the parallel to the point of  Latitude 13°10’ South, Longitude 129°40’ East;
(l)                 then north along the meridian of Longitude 129°40' East to its intersection with the parallel of Latitude 10°30' South;
(m)             then east along that parallel to its intersection with the meridian of Longitude 133°16' East;
(n)               then south along that meridian to its intersection with the parallel of Latitude 11°00' South;
(o)               then south-easterly along the geodesic to the point of Latitude 11°25' South, Longitude 134°15' East;
(p)               then east along the parallel of Latitude 11°25' South to its intersection with the meridian of Longitude 135°35' East;
(q)               then north-easterly along the geodesic to the point of Latitude 11°05' South, Longitude 136°10' East;
(r)                then north-easterly along the geodesic to the point of Latitude 10°30' South, Longitude 136°40' East;
(s)                then south-easterly along the geodesic to the point of Latitude 11°00' South, Longitude 137°05' East;
(t)                then south along the meridian of Longitude 137°05' East to its intersection with the parallel of Latitude 11°47' South;
(u)               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;
(v)               then south along that meridian to its intersection with the mainland at low water mark;
(w)       then generally westerly along the shore at low water mark to the point of commencement.