The Australian Fisheries Management Authority determines this plan of management amendment under sections 17 and 20 of the Fisheries Management Act 1991.

Dated 7 July 2006

PETER WITHERIDGE

Common seal of the Australian Fisheries Management Authority

Accepted on 21 July 2006

ERIC ABETZ

1              Name of Management Plan Amendment

                This Management Plan Amendment is the Northern Prawn Fishery Management Plan Amendment 2006 (No. 1).

2              Commencement

                This Management Plan Amendment commences on the day after it is registered.

3              Amendment of Northern Prawn Fishery Management Plan 1995

                Schedule 1 amends the Northern Prawn Fishery Management Plan 1995.

Schedule 1        Amendments

(section 3)

[1]           Section 3, before definition of ecologically related species

insert

collecting broodstock means collecting live prawns for aquaculture operations.

[2]           Paragraph 7 (1) (a)

omit

is in force:

insert

is in force, for each method mentioned in the determination:

[3]           Subsection 7A (1), except the note

substitute

         (1)   AFMA may determine:

                (a)    one or more methods by which prawn trawl nets may be used in the Northern Prawn Fishery; and

               (b)    for each method so determined — the total length of operational headrope that may be used under gear statutory fishing rights when that method is employed in the Northern Prawn Fishery.

[4]           Subsection 7A (3)

omit

[5]           Paragraph 14 (3) (a)

substitute

                (a)    the person is, or is acting for the holder of:

                          (i)    a scientific permit for the Northern Prawn Fishery; or

                         (ii)    a fishing permit for collecting broodstock from the Northern Prawn Fishery area; and

[6]           Subsection 14 (6)

substitute

         (6)   However, the person may only engage in the commercial fishing mentioned in subsection (4) or (5) if:

                (a)    the person is using a method for trawling mentioned in a determination in force under subsection 7A (1); and

                (a)    the person is using prawn trawl nets that have a combined operational headrope and footrope length (except for the operational headrope and footrope length of a try-net) that is not greater than the combined operational headrope and footrope length that the gear and top up statutory fishing rights nominated for the boat allow the person to use.

[7]           After section 15

insert

15A         Maximum number of fishing permits for collecting broodstock

                AFMA must not allow more than 3 fishing permits for collecting broodstock from the Northern Prawn Fishery area to be in force at a time.

[8]           Paragraph 22 (2) (a)

substitute

                (a)    must not use, for the method being employed, prawn trawl nets having an operational headrope length, in total, greater than that allowed by the gear or top up statutory fishing rights nominated for the boat; and

[9]           Section 23A

omit

The holder of a fishing permit

insert

         (1)   The holder of a fishing permit, other than a holder to whom subsection (2) applies,

[10]         Section 23A

insert

         (2)   The holder of a fishing permit for collecting broodstock from the Northern Prawn Fishery area must:

                (a)    comply with any relevant direction given under section 25; and

               (b)    not undertake any fishing activity, other than collecting broodstock, when fishing in the area under the permit; and

                (c)    not retain on board any prawns other than live prawns when collecting broodstock; and

               (d)    make sure that a boat used in relation to the permit is not used for fishing in the area unless:

                          (i)    it is fitted with a VMS that is operating continuously; or

                         (ii)    AFMA has given written permission for the boat to be used without a VMS that operates continuously; and

                (e)    comply with all other conditions to which the fishing permit is subject.