Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018 (Cth)

Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018

I, James Findlay, Chief Executive Officer of the Australian Fisheries Management Authority, make the following direction. 

Dated:  1 August 2018

James Findlay

Chief Executive Officer

Australian Fisheries Management Authority

1  Citation

This Direction is the Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Omit the definition “By-catch Reduction Device”, substitute:

4.1       “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 Schedules 1 and/or 4;

2  Subsection 6.1A

Omit the subsection, substitute:

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) is installed in fifty per cent of a vessel’s nets that are rigged for fishing, and a Bycatch Reduction Device (as described in Schedule 4) is installed in at least fifty per cent of a vessel’s nets that are rigged for fishing, or a Bycatch Reduction Device (as described in Schedule 4) is 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.

3  Subsection 6(2)

Omit the subsection.

4  Item 7 of Schedule 1

Omit the item, substitute:

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.

5  After Schedule 3

Insert:

SCHEDULE 4

1.         “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.

2.         “FishEX70” means an escape opening device installed in a net rigged for fishing to the following specification:

a) one device located at 65 meshes from the codend drawstring; and

b) with an escape gap clear of any obstructions (including mesh ties); and

for which the escape opening device has the characteristics detailed in Figure 1 prior to being installed in a net rigged for fishing.

Figure 1 – FishEX70 bycatch reduction device dimensions