NPF Direction No. 149 Gear Trials (Cth)

DIRECTION NOT TO ENGAGE IN FISHING

Fisheries Management Act 1991

Subsections 41A(2) and 22(5)

NPF DIRECTION No. 149

(revoking NPF Direction No. 143)

GEAR TRIALS

I, JAMES FINDLAY, Acting Chief Executive Officer of the Australian Fisheries Management Authority, as delegate, make the following Direction under subsections 41A(2) and 22(5) of the Fisheries Management Act 1991.

Dated:    17    March 2011

James Findlay

Acting Chief Executive Officer,

Australian Fisheries Management Authority

Citation

1.         This Direction may be cited as NPF Direction No. 149.

Commencement

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

Period of Application

3.This Direction applies for a period beginning on the date this Direction commences and ends at the end of 31 March 2012.

To Whom This Applies

4.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.

Interpretation

5.1In 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;

"gear trial" means a test, or a series of short tests, of equipment on or towed by a boat and carried out under the following conditions:

(a)   the test is conducted in such a way as to avoid the capture of fish, primarily by keeping the cod end of nets fully open at all times; and

(b)   fish that are captured in the equipment during the test are returned to the sea as soon as practicable after it becomes apparent that the fish have been captured.

"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).

5.2A 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". ]

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

Prohibition on fishing other than gear trials

6.1       Fishing is not to be engaged in in the areas described in Divisions A, B and C of the Schedule, prior to 2200 UTC 31 March 2011.

6.2       The prohibition in 6.1 dose not apply to a person who is conducting a gear trial during the period commencing at 2200 hours UTC on the day this Direction commences and ending at 2200 hours UTC on 29 March 2011.

Condition

7.It is a condition of all fishing concessions to which this Direction applies that the holder, or a person acting on behalf of the holder, complies with this Direction.

Revocation of NPF Direction No. 143

8.         This Direction revokes NPF Direction No. 143 with effect from the commencement of this Direction.

THE SCHEDULE

GEAR TRIAL AREAS

Division A - Karumba southern gear trial area

The area bounded by the line:

(a)        commencing at the point of Latitude 17°20' South, Longitude 140°35' East;

(b)       then running north along the meridian of Longitude 140°35' East to its intersection with the parallel of Latitude 17°15' South;

(c)        then east along that parallel to its intersection with the meridian of Longitude 140°45' East;

(d)       then south along that meridian to its intersection with the parallel of Latitude 17°20' South; and

(e)        then west along that parallel to the point of commencement.

Division B - Karumba northern gear trial area

The area bounded by the line:

(a)        commencing at the point of Latitude 16°35' South, Longitude 140°25' East;

(b)       running then north along the meridian of Longitude 140°25' East to its intersection with the parallel of Latitude 16°30' South;

(c)        then east along that parallel to its intersection with the meridian of Longitude 140°30' East;

(d)       then south along that meridian to its intersection with the parallel of Latitude 16°35' South;    and

(e)        then west along that parallel to the point of commencement.

Division C - Darwin gear trial area

The area bounded by the line:

(a)        commencing at the point of Latitude 12°20' South and Longitude 130°36' East,

(b)       then running north along that meridian of Longitude 130°36' East to its intersection with the parallel of Latitude 12°15' South;

(c)        then east along that parallel to its intersection with the meridian Longitude 130°41' East;

(d)       then south along that meridian to the intersection with the parallel of Latitude 12°20' South, and

(e)        then west along that parallel to the point of commencement.