Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 1 2019 (Cth)
Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 1 2019
I, Anna Willock, Acting Chief Executive Officer of the Australian Fisheries Management Authority, make the following direction.
Dated: 20 March 2019
Anna Willock
Acting Chief Executive Officer
1 Citation
This Direction is the Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 1 2019
2 Commencement
This Direction commences the day after it is registered.
3 Authority
This instrument is made under subsection 41A(3) of the Fisheries Management Act 1991.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Northern Prawn Fishery (Gear Requirements) Direction No. 174
1 Subsection 4.1, definition of “By-catch Reduction Device”
Omit the definition, substitute:
“Bycatch 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 Schedules 1 or 4.
2 Subsection 4.1, definition of “forward edge”
Omit the definition, substitute:
“forward edge” is the edge of a Bycatch Reduction Device where the funnel is attached to the codend.
3 Subsection 4.1, definition of “Turtle Excluder Device”
Omit the definition, substitute:
“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 81 cm by 81 cm. 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:
(i) a double flap rectangular net opening where the cut immediately forward of the TED (‘horizontal cut’) 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. The passage from the mouth of the trawl through the escape opening must be completely clear of any obstruction or modifications, other than those specified in this Direction, or;
(ii) a single flap rectangular net opening where the cut immediately forward of the TED (‘horizontal cut’) 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 338 cm 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. The passage from the mouth of the trawl through the escape opening must be completely clear of any obstruction or modifications, other than those specified in this Direction; and
c) a maximum bar spacing of 120 mm.
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:
(i) 3 small hard plastic floats that are at least 150 mm, but less than 200 mm, in diameter; or
(ii) 2 medium hard plastic floats that are at least 200 mm, but less than 250 mm, in diameter; or
(iii) 1 large hard plastic float that is at least 250 mm in diameter.
e) weights, meshing or other materials which may inhibit the opening of this escape flap must not be attached.
4 Subsection 6.1A
Omit the subsection, substitute:
6.1A The holder of a fishing concession in respect of the Northern Prawn Fishery is exempt from the prohibition in subclause 6.1 if subclauses 6.1B and 6.1C apply to the concession holder.
5 Subsection 6.1B
Omit the subsection, substitute:
6.1B This subclause applies to a concession holder:
(a) during the period commencing at 0830 hours UTC 1 August and ending at 2230 hours UTC on 30 November each year—if:
(i) a Bycatch Reduction Device described in Schedule 1 is installed in 50% of the concession holder’s nets rigged for fishing and a Bycatch Reduction Device described in Schedule 4 is installed in the other 50% of the concession holder’s nets; or
(ii) a Bycatch Reduction Device described in Schedule 4 is installed in each of the concession holder’s nets rigged for fishing; or
(b) outside the period described in paragraph (a)—if a Bycatch Reduction Device is installed in each of the concession holder’s nets rigged for fishing.
6.1C This subclause applies to a concession holder:
(a) when fishing where the depth of water is less than 200 metres—if a TED or a Modified Turtle Excluder Device is installed in all the concession holder’s nets rigged for fishing, and
(c) if a codend cover is used in a concession holder’s net—if the codend cover is attached no further than 60 meshes from the codend drawstrings.
6 Subsection 6.1, after clause 6.1C
Insert:
6.1D A net is rigged for fishing for the purpose of subsection 6.1B 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.
7 Schedule 4, after clause 2
Insert:
3. “Toms Fisheye” means one escape opening device installed in a net rigged for fishing to the following specification at 60 meshes from the codend drawstring for which the escape opening device has the following characteristics prior to being installed in a net rigged for fishing:
a) a vertical escape opening held open by a rigid frame that supports a rigid enclosed cone; and
b) an escape opening measuring no less than 360 mm wide by 200 mm high and must face the codend; and
c) a rigid cone measuring no less than 340 mm wide by 185 mm high by 290 mm in length fixed to the rigid frame; and
d) with an escape gap between the rigid frame and rigid cone of 94 mm; and
e) with an escape gap clear of any obstructions (including mesh ties).
4. “Popeye Fishbox” means one device located at 70 meshes from the codend drawstrings 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) no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations.
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