Citation
1. This Direction may be cited as Northern Prawn Fishery (Gear Requirements) Direction No. 174
Cessation
3. This Instrument is repealed on 30th June 2026 unless revoked earlier.
Interpretation
4.1 In this Direction:
“boat” means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery, and includes carrier boats and fishing boats;
“By-catch Reduction Device” (BRD) means a device that allows fish and other animals to escape immediately after being taken in the net and is constructed in accordance with Schedule 1;
“forward edge” is the edge of a By-catch Reduction Device where the funnel is attached to the codend;
“Modified Turtle Excluder Device” means a device described in Schedule 2;
“net” means a net used for trawling except a try-net;
“Turtle Excluder Device” (TED) means a device fitted to a net, and modification made to a net, that allows turtles to escape immediately after being taken in the net, and which has:
a) a rigid or semi-rigid inclined barrier grid comprised of bars extending from the foot to the head of the net that is attached to the circumference of the net which must guide turtles towards an escape hole immediately forward of the grid. The minimum dimensions of this grid to be at least 81cm by 81cm. This structure is to be set at a minimum angle of between 30 and 55 degrees in relation to the horizontal plane of water through the net; and
b) an escape opening which must be:
- a double flap rectangular net opening where the cut immediately forward of the TED must allow a minimum opening of 61 cm when attached to the frame and the two forward cuts of the escape opening must not be less than 51 cm long from the points of the cut immediately forward of the TED frame. The resultant length of the leading edge of the escape opening cut must be no less than 142 cm stretched, or a double flap net triangular opening where the cut immediately forward of the TED must allow a minimum opening of 102 cm when attached to the frame with minimum forward cuts of 101 cm. The flaps must be composed of two mesh panels. Each panel must be a minimum of 147 cm wide when stretched and may overlap each other no more than 38 cm along the leading edge when stretched. The panels can be tapered two bar, one point so the flap overlap increases as they get closer to the bottom of the TED frame. The panels may only be sewn together along the leading edge of the cut and down the entire length of the outside edge of each panel. The trailing edge of each panel must not extend more than 61 cm past the posterior edge of the TED frame, or;
- a single flap rectangular net opening where the cut immediately forward of the TED must be a minimum of 61 cm when attached to the frame and the two forward cuts of the escape opening must not be less than 66 cm long from the points of the cut immediately forward of the TED frame. The resultant length of the leading edge of the escape opening cut must be no less than 181 cm stretched, or a single flap triangular net opening where the cut immediately forward of the TED must be a minimum of 102 cm with minimum forward cuts of 136 cm. The flap must be a minimum of 338cm by 132 cm piece of mesh. The 132 cm edge of the flap is attached to the forward edge of the escape opening cut. The flap may extend no more than 61 cm behind the posterior edge of the TED frame; and
c) a maximum bar spacing of 120mm.
d) floats attached to the top one-half of all TEDs with bottom escape openings. The floats may be attached either outside or inside the net, but not to a flap. The following floats must be attached to the grid:
- 3 small hard plastic floats that are at least 150mm, but less than 200mm, in diameter; or
- 2 medium hard plastic floats that are at least 200mm, but less than 250mm, in diameter; or
- 1 large hard plastic float that is at least 250mm in diameter.
e) weights, meshing or other materials which may inhibit the opening of this escape flap must not be attached.
4.2 For the purposes of this Direction, all net measurements refer to the measurement extending from the centre of opposing knots, when the mesh is pulled taut.
4.3 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 determination. 2. Terms defined in the Northern Prawn Fishery Management Plan 1995 include "Northern Prawn Fishery" and "Northern Prawn Fishery area".]
To Whom This 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.
Prohibition on fishing
6.1 Fishing is not to be engaged in in the Northern Prawn Fishery area until this Direction ceases unless earlier revoked.
6.1A Holders of fishing concessions in respect of the Northern Prawn Fishery are exempt from the prohibition in subclause 6.1 where:
i) a By-catch Reduction Device (as described in Schedule 1) installed in each net that is rigged for fishing, and;
ii) if fishing where the depth of water is less than 200 metres, either a TED or a Modified Turtle Excluder Device (as described in Schedule 2) installed in each net that is rigged for fishing: and
iii) if a codend cover (skirt) is used; the codend cover (skirt) is attached no further than 60 meshes from the codend drawstrings.
6.1B A net is rigged for fishing for the purpose of paragraph 6.1A(i) if part or all of the net is in the water, or if it is shackled, tied or otherwise connected to any trawl door or trawl board, or to any tow rope or cable, either on board the boat or attached in any manner to the boat.
6.2 A net is considered rigged for fishing if part or all of the net is in the water, or if it is shackled, tied or otherwise connected to any trawl door or trawl board, or to any tow rope or cable, either on board the boat or attached in any manner to the boat.
Revocation of NPF Direction No. 150
7 This Direction revokes NPF Direction No. 150 with effect from the commencement date of this Direction.
SCHEDULE 1
Each of the following are bycatch reduction devices:
1. “Square Mesh Codend” means a codend with at least half the circumference of the codend, and that has the following characteristics:
a) a nominal mesh size no less that 45mm; and
b) netting orientated so that the Direction of twine is longitudinal and transverse to the length of the codend; and
c) an overall length no less than 75 meshes (3.375 metres); and
d) no pieces of netting or other material covering any escape openings of the square mesh, nor any opening closed by any other means, during fishing operations.
2. “Square Mesh panel” means a continuous panel of netting that has the following characteristics:
a) a nominal mesh size no less than 101mm; and
b) an overall dimension no less than 400mm wide and 600mm long; and
c) the aft edge of the panel is located no further forward from the codend drawstrings than the number of meshes for a codend mesh size described in Schedule 3; and
d) no pieces of netting or other material covering any escape openings of the square mesh, nor any opening closed by any other means, during fishing operations.
3. “Fisheye” means a device that has the following characteristics:
a) a vertical escape opening held open by a rigid frame; and
b) an escape opening measuring no less than 350mm wide x 150mm high; and
c) an escape opening located no further forward from the codend drawstrings than the number of meshes for a codend mesh size described in Schedule 3; and
d) no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations.
4. “Yarrow Fisheye” means a device that has the following characteristics:
a) a vertical escape opening held open by a rigid frame; and
b) an escape opening measuring no less than 350mm wide x 150mm with the width of the escape opening divided in half by a solid bar; and
c) an additional rigid bar running from the apex of the frame to the top of the escape opening; and
d) an escape opening located no further forward from the codend drawstrings than the number of meshes for a codend mesh size described in Schedule 3; and
e) no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations.
5. “Radial Escape Section” (RES) means a device that has the following characteristics:
a) a funnel of netting or other material located within the codend; and
b) the circumference of the leading edge of the funnel must be of equivalent length to and attached to the circumference of the codend, where the circumference of the codend is equivalent to the product of the mesh size and the number of meshes around the codend; and
c) the leading edge of the funnel must be attached to the codend no less than 10 meshes from the leading edge of the escape openings; and
d) the circumference of the trailing edge of the funnel is less than or equal to 0.6 times the number of meshes in the circumference of the codend; and
e) individual escape openings no less than a square mesh size of 100mm; and
f) overall escape openings no less than a panel of netting measuring 350mm long and extending radially around the codend for at least half the circumference of the codend; and
g) the trailing edge of the funnel extending no more than 500mm past the aft edge of the escape openings, and
h) an escape opening located no further forward from the codend drawstrings than the number of meshes for a codend mesh size described in Schedule 3; and
i) the forward edge of the RES located no further forward than 900mm of the TED grid, or if located further forward than 900mm of the TED grid a wire hoop must be attached to the forward edge1 of the RES; and
j) a rigid or semi-rigid wire hoop with a minimum diameter of 650mm located no more than 5 meshes behind the escape openings; and
k) no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations.
6. “Popeye Fishbox” means a device that has the following characteristics:
a) a vertical escape opening held open by a rigid frame; and
b) an escape opening measuring no less than 375 mm wide x 375 mm; and
c) a rigid foil positioned at the forward edge of the BRD no less than 200 mm in depth; and
d) an escape opening located no further forward from the codend drawstrings than the number of meshes for a codend mesh size described in Schedule 3; and
e) no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations.
7. “Kon’s Covered Fisheye” means two escape opening devices installed in a net rigged for fishing to the following specification:
a) one escape opening device located at 78 meshes from the codend drawstring; and
b) one escape opening device located at 55 meshes from the codend drawstring; and
for which each escape opening device has the following characteristics prior to being installed in a net rigged for fishing:
c) a vertical escape opening held open by a rigid frame that encloses a rigid cone; and
d) an escape opening measuring no less than 430 mm wide by 205 mm high and must face the codend; and
e) a rigid cone measuring no less than 295 mm wide by 145 mm high by 275 mm in length fixed to the rigid frame; and
f) with an escape gap between the rigid frame and the rigid cone of 55 mm.
SCHEDULE 2
“Modified Turtle Excluder Device” means a device that:
a) is a TED with the escape opening in the top of the codend; and
b) a bar spacing no more than 60mm; and
c) In addition the Modified Turtle Excluder Device may have;
d) an escape flap over the escape opening (but no part of the escape flap may be closer than 150mm to any part of the grid, when the TED is fitted to a codend hung vertically); and
e) a guiding funnel or flap inside the codend ahead of the grid (but no part of the guiding funnel or flap may be closer than 150mm to any part of the grid, when the TED is fitted to a codend hung vertically
SCHEDULE 3
The following table details the maximum number of meshes for placement of BRDs from the codend drawstrings for different codend mesh sizes. The formula to calculate the maximum number of meshes using linear or metric mesh sizes is as follows:
- for imperial mesh sizes: (2 / actual mesh size in inches) x 120
- for metric mesh sizes: (50.8 / actual mesh size in mm) x 120
Mesh Size (mm) | Mesh Size (inches) | Maximum number of meshes required |
31.25 | 1.25 | 195 |
32 | 1.28 | 191 |
35 | 1.4 | 174 |
40 | 1.6 | 152 |
43.75 | 1, 3/4 | 139 |
46 | 1.84 | 133 |
46.875 | 1, 7/8 | 130 |
48 | 1.92 | 127 |
50 | 2 | 122 |
53 | 2.12 | 115 |
56.25 | 2, 1/4 | 108 |
58 | 2.32 | 105 |
62.5 | 2, 1/2 | 98 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Northern Prawn Fishery (Gear Requirements) Direction No. 174 | 28 Feb 2017 (F2017L00176) | 29 Feb 2017 (s 2) | |
Northern Prawn Fishery (Gear Requirements Variation) Direction No. 175 | 1 Aug 2017 (F2017L00981) | 2 Aug 2017 (s 2) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 6..................... | am F2017L00981 |
Schedule 1 | |
Schedule 1................ | am F2017L00981 |
