Federal Register of Legislation - Australian Government

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NPFD No. 86 Directions/Other as made
Direction No. NPFD 86 prevents trawling during daylight hours in key tiger prawn areas because it is believed that mature female tiger prawns are more susceptible to daylight trawling. It is important to protect these prawns as they form the breeding stock. Research to confirm that mature females are more susceptible has been carried out however the results were inconclusive. Accordingly AFMA has taken a precautionary approach and banned daylight trawling.
Administered by: Agriculture, Fisheries and Forestry
Registered 31 Mar 2005
Tabling HistoryDate
Tabled HR10-May-2005
Tabled Senate10-May-2005
Date of repeal 17 Mar 2006
Repealed by NPF Direction No. 92 - Prohibition on Trawling

 

 

FISHERIES MANAGEMENT ACT 1991

NORTHERN PRAWN FISHERY MANAGEMENT PLAN 1995

 

NPF DIRECTION No. 86

(revoking NPF Direction No.80)

PROHIBITION ON DAYLIGHT TRAWLING

 

 

I, Richard McLoughlin, Managing Director of the Australian Fisheries Management Authority, as delegate, make the following Direction under section 17(5A) of the Fisheries Management Act 1991 and section 25(1) of the Northern Prawn Fishery Management Plan 1995.

 

 

Dated     29           March 2005

 

 

Richard McLoughlin

 

 

 

Managing Director

Australian Fisheries Management Authority

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Citation

1.         This Direction may be cited as NPF Direction No. 86

Commencement

2.         This Direction commences the day after it is registered.

Application

3.         This Direction applies to a holder of statutory fishing rights in the Northern Prawn Fishery and to a person acting on behalf of the holder.

Period of Application

4.         This Direction applies for a period beginning on the date this Direction commences and ending on 31 March 2008 .

Interpretation

5.1       In this Direction:

"boat" means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery;

"fishing" means the commercial fishing activities that are referred to in section 14 of the Northern Prawn Fishery Management Plan 1995;

"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).

5.2       A term used in this Direction that is defined for the purposes of the Northern Prawn Fishery Management Plan 1995 has the same meaning in this Direction as it has in that plan.

                [Notes:  1.  Terms defined in the Fisheries Management Act 1991 have the same meanings in this determination.          2.                Terms defined in the Northern Prawn Fishery Management Plan 1995 include “Northern  Prawn Fishery” and “Northern Prawn Fishery” area 

5.3       The origin of geographical coordinates used in this Direction is the Australian Geodetic Datum 1966 (AGD66).

Prohibition on fishing west of  138° E

6.         No fishing is to be engaged in in Area A of Schedule 1 and that part of the area described in Area B of Schedule 1 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 and ending at 2200 hours UTC on 31 December.     

Prohibition on fishing east of  138° E

7.         No fishing is to be engaged in that part of the area described in Area B of Schedule 1 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 in any year commencing at 0800 hours UTC on 1 August and ending at 2200 hours UTC on 31 December.   

Prohibition on fishing around the Goulburn Islands

8.         No fishing is to be engaged in the area described in Schedule 2 between the times of 2230 hours UTC and 0830 hours UTC each day, during the period in any year commencing at 2200 hours UTC on 8 April and ending at 0200 hours UTC on (21 May)

Carriage of Equipment

9.         A person in the areas A and B described in Schedule 1 during the period in any year commencing at 0830 UTC on 1 August and 2200 UTC on 31 December.      and a person in the area described in Schedule 2 during the period 2200 hours UTC 8 April and 0200 UTC (21 May) is prohibited between the times of 2230 hours UTC and 0830 hours UTC each day, from having in that person's possession or in that person's charge in a boat equipment that is:

a)    capable of being used for any kind of trawling; or

b)   capable of being used for taking the fish that can be fished for under a statutory fishing right for the Northern Prawn Fishery;

unless that equipment is carried so that all of that equipment is out of the water, or if any part of the equipment is in the water:

a)    that equipment is drawn up to the boat; and

b)   that equipment is visible from an aircraft or another boat; and

c)    all cod ends are open; and

d)   all lazy lines are on the blocks.

To whom do the prohibitions in clauses 6, 7, 8 and 9 not apply?

10.       The prohibitions in clauses 6, 7, 8 and 9 do not apply to a person if the person is fishing in accordance with another plan of management in force under the Management Act, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.

Revocation of NPF Direction No.  80

11.       This Direction revokes NPF Direction No. 80 with effect from the date of this Direction.

 


SCHEDULE 1

Area A - 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.

 

 

Area B - 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 point of Latitude 11°55’ South, Longitude 135°55.2’ East, being 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 2

Goulburn Islands

 

The area bounded by the line:

(a)        commencing at the intersection of the mainland at low-water mark and Longitude 133°30' East; 

(b)        then north along the meridian to the intersection with Latitude 11°20' South;

(c)        then west along the geodesic to the point Latitude 11º 20’ South and Longitude 132°55' East in the vicinity of De Courcy Head;

(d)        then generally southerly and easterly along that shore at low-water to the point of commencement.