Northern Prawn Fishery (Closures) Direction No. 160

Link to law: https://www.comlaw.gov.au/Details/F2012L01586

 
DIRECTION NOT TO ENGAGE IN FISHING
 
Fisheries Management Act 1991
Subsection 41A(2)
 
NORTHERN PRAWN FISHERY (Closures) DIRECTION No. 160
                                                                                                                                                      
 
I, Nick rayns, Acting 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:       12 July 2012
 
 
 
 
 
Nick Rayns
Acting Chief Executive Officer,
Australian Fisheries Management Authority
                                                                                                                                                      
 
Citation
1.      This Direction may be cited as Northern Prawn Fishery (Closures) Direction No. 160.
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      This Direction ceases to have effect as if repealed at 2200 hours UTC on 31 July 2013.
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 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 defined in Schedule 1 before 0830 hours UTC 1 August 2012.
6.2    Fishing is not to be engaged in in the area of the fishery defined in Schedule 2 before 0830 hours UTC 1 August 2012.
6.3    Fishing is not to be engaged in in the area of the fishery defined in Schedule 3 between 2200 hours UTC 30 September 2012 and 2200 hours UTC 30 November 2012.
6.4    Fishing is not to be engaged in in the area of the fishery defined in Schedule 4 between 2230 hours UTC 30 September 2012 and 2230 hours UTC 30 November 2012.
6.5    Fishing is not to be engaged in in the area of the fishery defined in Schedule 5 between 2230 hours UTC 30 September 2012 and 2230 hours UTC 30 November 2012.
6.6    Fishing is not to be engaged in in the area of the fishery defined in Schedule 6 between 2200 hours UTC 30 September 2012 and 2200 hours UTC 30 November 2012.
6.7    Fishing is not to be engaged in in the area of the fishery defined in Schedule 7 between 2230 hours UTC 30 September 2012 and 2230 hours UTC 30 November 2012.
6.8    Fishing is not to be engaged in in the area of the fishery defined in Schedule 8 between 0830 hours UTC 1 August 2012 and 2200 hours UTC 29 August 2012.
6.9    Fishing is not to be engaged in in the area of the fishery defined in Schedule 9 between 2200 hours UTC 30 November 2012 and 2200 hours UTC 31 July 2013.
6.10  Fishing is not to be engaged in in the area of the fishery defined in Schedule 10 between 2230 hours UTC 30 November 2012 and 2200 hours UTC 31 July 2013.
6.11  Fishing is not to be engaged in in the area of the fishery defined in Schedule 11 and Schedule 12 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 2012 and ending at 2230 hours UTC on 30 November 2012.  
6.12  Fishing is not to be engaged in in the area of the fishery defined in Schedule 12 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 2012 and ending at 2200 hours UTC on 30 November 2012.
Exemption to the prohibition in clauses 6.1, 6.2 and 6.3
7.1    The prohibition in clauses 6.1 and 6.2 do not apply to a person who is conducting a gear trial in an area of the fishery defined in Schedules 13, 14 or 15.
7.2     The prohibition in clause 6.3 does not apply to a person if the person:
1.                  is within an area defined in Schedule 16; 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
8.       This Direction revokes Northern Prawn Fishery (Closures) Direction No. 159 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 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
 
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 126°58' East;
(b)               then running north along that longitude to the intersection with latitude 13o28’;
(c)                then north easterly along the geodesic to the point of Latitude 13°21.4' South, Longitude 129°30.9' East;
(d)               then south westerly along the geodesic to the point of Latitude 13°45’ South, Longitude 129°12’ East;
(e)                then west along the parallel to the intersection with the mainland at low water mark;
(f)                then generally north easterly along the shore at low water mark to the parallel of latitude 13°10’ South;
(g)               then westerly along the parallel to the point of  Latitude 13°10’ South, Longitude 129°40 East;
(h)               then north along the meridian of Longitude 129°40' East to its intersection with the parallel of Latitude 10°30' South;
(i)                 then east along that parallel to its intersection with the meridian of Longitude 133°16' East;
(j)                 then south along that meridian to its intersection with the parallel of Latitude 11°00' South;
(k)               then south-easterly along the geodesic to the point of Latitude 11°25' South, Longitude 134°15' East;
(l)                 then east along the parallel of Latitude 11°25' South to its intersection with the meridian of Longitude 135°35' East;
(m)             then north-easterly along the geodesic to the point of Latitude 11°05' South, Longitude 136°10' East;
(n)               then north-easterly along the geodesic to the point of Latitude 10°30' South, Longitude 136°40' East;
(o)               then south-easterly along the geodesic to the point of Latitude 11°00' South, Longitude 137°05' East;
(p)               then south along the meridian of Longitude 137°05' East to its intersection with the parallel of Latitude 11°47' South;
(q)               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;
(r)                 then south along that meridian to its intersection with the mainland at low water mark;
(g)               then generally westerly along the shore at low water mark 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 shore of the mainland of Australia at low-water, in the vicinity of Tarrant Point, with the meridian of Longitude 139°25' East;
(b)       then running north-easterly along the geodesic to the point of Latitude 17°05.45' South, Longitude 139°34.4' East, in the vicinity of Raft Point on Bentinck Island;
(c)        then north-easterly along the geodesic to the point of Latitude 16°31.5' South, Longitude 139°42.66' East, in the vicinity of Cape Van Diemen on Mornington Island;
(d)       then north-easterly along the geodesic to the point of Latitude 16°29.5' South, Longitude 139°49.0' East, in the vicinity of Pisonia Island;
(e)        then south-easterly along the geodesic to the intersection of the meridian of Longitude 140°43' East with the northern shore of the mainland at low-water, in the vicinity of Bynoe Inlet;
(f)        then generally westerly along that shore at 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 shore of the mainland of Australia at low-water with the meridian of Longitude 137°10' East;
(b)       running then north along that meridian to its intersection with the parallel of Latitude 15°38.3' South;
(c)        then west along that parallel to its intersection with the northern shore of Vanderlin Island in the vicinity of Three Hummock Point;
(d)       then generally northerly, westerly, southerly along that shore to the intersection with the parallel of Latitude 15°38.3’ South, Longitude 136°57 East in the vicinity of Kedge Point;
(e)        then north along that meridian to Latitude 15°15’ South;
(f)        then west along the parallel of 15°15’ South to the intersection of the northern shore of Australia;
(g)       then generally south-easterly along that shore at 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 Latitude 15°30' South, Longitude 137°20' East;
(b)        then north along the meridian to Latitude 15°10' South;
(c)        then east along the parallel to Longitude 137°40' East;
(d)       then south along the meridian to Latitude 15°30' South; and
(e)        then west along the parallel to the point of commencement.
 
 
SCHEDULE 6
 
Weipa
 
The area bounded by the line:
(a)        commencing at the point on the mainland of Australia at high water at Latitude 12° S;
(b)        then running west along that parallel to the intersection of Longitude 141° 46’E;
(c)        then south westerly along the geodesic to the intersection of Latitude 12° 34’S Longitude 141° 30.5’E;
(d)       then south easterly to the point on the mainland at 12° 59.6S Longitude 141° 31.5’E;
(e)        then south along the meridian of Longitude 141° 31.5’E to Latitude 13° 15’S;
(f)        then east along the parallel to the high water mark on mainland Australia.
 
 
SCHEDULE 7
 
Cambridge Gulf
 
The area bounded by the line:
(a)        commencing at the intersection of the northern shore of the mainland of Australia and Longitude 128° 45’East;
(b)        then running north along the meridian to the intersection with Latitude 14° 06’East;
(c)        then running west to its intersection with Longitude 128° 06.5’ East;
(d)       then running south to the intersection with Latitude 14° 09’ South;
(e)        then running west to the intersection with Longitude 127° 46.5’ East;
(f)        then running north to the intersection with Latitude 14° 06” East;
(g)        then running west to the intersection with the mainland;
(h)       then generally south easterly, southerly, easterly and northerly along that shore at low-water to the point of commencement.
 
 
 
 
 
 
 
SCHEDULE 8
 
Native Point
 
The area bounded by the line:
(a)        commencing at the intersection of Latitude 12° 36’ South, Longitude 130° 09’ East;
(b)        then running east along the parallel to the intersection with Longitude 130° 14’East;
(c)        then running south along the meridian to the intersection with Latitude 12° 40’ South;
(d)       then running west along the meridian to the intersection with Longitude 130° 09’ East;
(e)        then running north along the meridian to the point of commencement.
 
 
SCHEDULE 9
 
End of 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 10
 
End of 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 11
 
Goulburn Islands
 
The area bounded by the line:
(a)        commencing at the intersection of the northern shore of the mainland of Australia at low-water with the meridian of Longitude 132°57.7' East;
(b)            then running north along that meridian to its intersection with the parallel of Latitude 11°10.5' South; and
(c)            then east along that parallel to its intersection with the meridian of Longitude 133°31' East;
(d)            then south along that meridian to the northern shore of the mainland of Australia at low-water;
(e)            then west along that shore at low water mark to the point of commencement.
 
 
SCHEDULE 12
 
Gulf of Carpentaria
 
The area bounded at the line:
(a)        commencing at the intersection of the northern shore of the mainland of Australia at low-water with the meridian of Longitude 135°56.5’ East;
(b)            then north-easterly along the geodesic to the southern most point of Alger Island;
(c)            then north-easterly along the eastern coastline of Alger Island, that is along the low-water line on the coast to the northern most point of Alger Island;
(d)            then along the geodesic to the point of Latitude 11°45.8’ South, Longitude 136°00.2’ East, being the southern most point of Cunningham Island;
(e)            then north-easterly across all islands to the Wessel Island Group, that is along the low-water line on the coast to Cape Wessel;
(f)             then generally easterly to the point of Latitude 11°00' South, Longitude 137°05' East;
(g)            then south along the meridian of Longitude 137°05' East to its intersection with the parallel of Latitude 11°47' South;
(h)            then generally easterly to the intersection of the parallel of Latitude 11°00' South with the northern shore of the mainland of Australia at low-water, in the vicinity of Crab Island, on the eastern side of the Gulf of Carpentaria; and
(i)             then generally southerly, north-westerly, northerly, westerly and south-westerly along that shore at low-water to the point of commencement.
 
 
SCHEDULE 13
 
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.
 
 
SCHEDULE 14
 
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.
 
 
SCHEDULE 15
 
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.
 
 
SCHEDULE 16
 
Tarrant Point - Mornington Island - Bynoe River Transit Corridor
 
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 140°09.5' East;
(c)       then generally south along the geodesic to the point of Latitude 16°56' South, Longitude 140°12.5' 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.
 
 
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