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NPF Direction No. 118 - Prohibited Species

Authoritative Version
NPFD No. 118 Directions/Other as made
This Direction prohibits the take of species of fish listed in the Schedule to the Direction.
Administered by: Agriculture, Fisheries and Forestry
Registered 03 Jul 2008
Tabling HistoryDate
Tabled HR26-Aug-2008
Tabled Senate26-Aug-2008
Date of repeal 21 Mar 2012
Repealed by Northern Prawn Fishery (Closures) Direction No. 158

 

FISHERIES MANAGEMENT ACT 1991

NORTHERN PRAWN FISHERY MANAGEMENT PLAN 1995

 

NPF DIRECTION No. 118

PROHIBITED SPECIES

 

 

The Australian Fisheries Management Authority makes 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 this   25    June 2008

 

The Common seal of the Australian

Fisheries Management Authority

was affixed in accordance with a

resolution of the Board

 

 

Peter Witheridge

 

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Citation

1.         This Direction may be cited as NPF Direction No. 118.

Commencement

2.         This Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.

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, when fishing in the Northern Prawn Fishery area.

Period of Application

4.         This Direction applies for a period beginning on the date this Direction commences and ending on 31 March 2012.

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;

trip” means the period between the unloading of a catch, or part of a catch, to a mothership or port or any other point where catch is unloaded;

"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       For the purposes of this Direction, the master of a boat is, at any time, presumed to have taken all of the fish present on the boat at that time and, in so doing, to have been acting on behalf of the holder of the statutory fishing rights in respect of which the boat is nominated.

5.3       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 direction. 2. Terms defined in the Northern Prawn Fishery Management Plan 1995 include "Northern Prawn Fishery" and "Northern Prawn Fishery area". ]

5.4       This Direction is to be read consistently with other Directions made under the Northern Prawn Fishery Management Plan 1995.

5.5       The origin of geographical co ordinates used in this Direction is the Australian Geodetic Datum 1966 (AGD66). 

Prohibitions on taking fish

6.1       Fishing for species in the Schedule is prohibited.

6.2              Fishing for tuna or tuna-like species is prohibited.

6.3       Fish that are on board a boat are presumed to have been taken during:

   (a)        the current trip; or

            (b)        if the boat is not on a trip, the most recent trip.

Exemption to the prohibition on tuna and tuna-like species in clause 6.2     

7.                   The prohibition in clause 6.2 above does not apply if:

(a)               the only tuna and tuna-like species on board the vessel are longtail tuna (Thunnus tonggol); and

(b)               no more than 10 longtail tuna (Thunnus tonggol) are taken per trip.

Exemption to fishing in clauses 6.1 and 6.2

8.                   The prohibitions in clauses 6.1 and 6.2 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.

SCHEDULE

Common name

Scientific name

Barramundi

Lates calcarifer

Black jewfish

               Protonidea diacanthus

Blue salmon

         Eleutheronema tetradactylum

Coral

 

Jewel fish (Yellow Jew)

Nibea squammosa

Pearl shell

                       Pinctada spp

Queenfish

Scomberoides lysan;

Scomberoides commersonianus

Spotted grunter-bream

Pomadasys kaakan

Threadfin salmon

Polydactylus sheridani

Beche-de-mer

Class Holothuroidae

Trochus

Class Trochidae

Sharks, rays and skates

Subclass Elasmobranchii