NPF Direction No. 130 Prohibition on Fishing (Cth)

FISHERIES MANAGEMENT ACT 1991

NORTHERN PRAWN FISHERY MANAGEMENT PLAN 1995

NPF DIRECTION No. 130

(revoking NPF Direction No.129)

PROHIBITION ON FISHING

I, Glenn Hurry, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate pursuant to Delegation 78 of 2008 of powers conferred upon AFMA under the Plan of Management in accordance with s17(5A), make the following Direction under sub-section 25(1) of the Northern Prawn Fishery Management Plan 1995.

Date         21    September 2009

GLENN HURRY

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Chief Executive Officer

Australian Fisheries Management Authority

Citation

1.         This Direction may be cited as NPF Direction No. 130.

Commencement

2.This Direction commences 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 December 2009.

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;

"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       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 

5.3The origin of geographical coordinates used in this Direction is the Australian Geodetic Datum 1966 (AGD66).

Prohibition on daylight fishing in the Gulf of Carpentaria and around the Goulburn Islands

6.1      West of 138° E

No fishing is to be engaged in Area C of Schedule 1 and that part of the area described in Area D of Schedule 1 which is west of the meridian of Longitude 138° E, between the times of 2230 hours UTC and 0830 hours UTC each day, during the period commencing at 0830 hours UTC on 25 July and ending at 2200 hours UTC on 31 December 2009.   

6.2East of 138° E

No fishing is to be engaged in that part of the area described in Area D of Schedule 1 which is east of the meridian of Longitude 138° E, between the times of 2200 hours UTC and 0800 hours UTC each day, during the period in any year commencing at 0800 hours UTC on 25 July and ending at 2200 hours UTC on 31 December 2009.

To whom do the prohibitions in clause 6 not apply?

7The prohibitions in clause 6 do not apply to a person if the person is fishing in accordance with another plan of management in force under the Fisheries Management Act, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.

Revocation of NPF Direction No. 129

8This Direction revokes NPF Direction No. 129 with effect from the date of this Direction.

SCHEDULE 1

Area C - Goulburn Islands

The area bounded by the line:

(a)            commencing at the intersection of the northern shore of the mainland of Australia at low-water with the meridian of Longitude 132°57.7' East;

(b)            then running north along that meridian to its intersection with the parallel of Latitude 11°10.5' South; and

(c)            then east along that parallel to its intersection with the meridian of Longitude 133°31' East;

(d)            then south along that meridian to the northern shore of the mainland of Australia at low-water;

(e)            then west along that shore at low water mark to the point of commencement.

Area D - Gulf of Carpentaria

The area bounded at the line:

(a)            commencing at the intersection of the northern shore of the mainland of Australia at low-water with the meridian of Longitude 135°56.5’ East;

(b)            then north-easterly along the geodesic to the southern most point of Alger Island;

(c)            then north-easterly along the eastern coastline of Alger Island, that is along the low-water line on the coast to the northern most point of Alger Island;

(d)            then along the geodesic to the point of Latitude 11°45.8’ South, Longitude 136°00.2’ East, being the southern most point of Cunningham Island;

(e)            then north-easterly across all islands to the Wessel Island Group, that is along the low-water line on the coast to Cape Wessel;

(f)             then generally easterly to the point of Latitude 11°00' South, Longitude 137°05' East;

(g)            then south along the meridian of Longitude 137°05' East to its intersection with the parallel of Latitude 11°47' South;

(h)            then generally easterly to the intersection of the parallel of Latitude 11°00' South with the northern shore of the mainland of Australia at low-water, in the vicinity of Crab Island, on the eastern side of the Gulf of Carpentaria; and

(i)             then generally southerly, north-westerly, northerly, westerly and south-westerly along that shore at low-water to the point of commencement.