Untitled document

Northern Prawn Fishery (Closures) Direction No. 172

made under section 41A of the

Fisheries Management Act 1991

Compilation No. 1               

Compilation date:   18 April 2019

Includes amendments up to:          Northern Prawn Fishery (Closures Amendment) Direction No. 1 2019

About this compilation

This compilation

This is a compilation of the Northern Prawn Fishery (Closures) Direction No. 172 that shows the text of the law as amended and in force on 18 April 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

DIRECTION NOT TO ENGAGE IN FISHING

Fisheries Management Act 1991

Subsection 41A(2)

NORTHERN PRAWN FISHERY (Closures)

DIRECTION No. 172

I, JAMES FINDLAY, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 1 of 2011 made on 28^th January 2011 from the Commission, make the following Direction under subsection 41A(2) of the Fisheries Management Act 1991.

Dated:      4   December 2015

James Findlay

Chief Executive Officer,

Australian Fisheries Management Authority

Citation

1. This Direction may be cited as the Northern Prawn Fishery (Closures) Direction No. 172.

Cessation

1. This Direction is repealed on 30 September 2025 unless earlier revoked.

Interpretation

4.1In this Direction:

“boat” means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery;

“bugs” means fish of the species Thenus parindicus and Thenus australiensis;

“carapace width” means the width of the carapace when measured at its widest point;

“egg-bearing female bugs” includes bugs that have been scrubbed to remove any eggs and includes bugs that have had their eggs removed using chemicals;

“equipment” means equipment for fishing;

“fishing” means the commercial fishing activities that are referred to in section 14 of the Northern Prawn Fishery Management Plan 1995;

“rock lobster” means a whole lobster of the species Panulirus ornatus and/ or a lobster tail of that species;

“scampi” means fish of the families Aristeidae and Nephropidae. 

“trip” means the period between departing port and the unloading of a catch, or part of a catch, to a mothership or port or any other point where catch is unloaded;

“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) ;

“W” means the whole weight of fish in kilograms;

“GG” means the gilled and gutted weight of fish in kilograms;

“F” means the fish fillet weight in kilograms; and

“HG” means the headed and gutted weight of fish in kilograms.

4.2For the purposes of this Direction, the master of a boat is, at any time, presumed to have taken all of the fish present on the boat at that time and, in so doing, to have been acting on behalf of the holder of the statutory fishing rights in respect of which the boat is nominated.

4.3For the purposes of this Direction, fish and/or bugs that are on board a boat are presumed to have been taken: during the current trip; or, if the boat is not on a trip, the most recent trip.

4.4Terms used in this Direction that are defined for the purposes of the Northern Prawn Fishery Management Plan 1995 have the same meanings in this Direction as they have in that Plan.

Notes:    Terms defined in the Fisheries Management Act 1991 (the Act) have the same meanings in this Direction.

4.5This Direction is to be read consistently with other Directions made under the Fisheries Management Act 1991.

4.6The origin of geographical coordinates used in this Direction is the Australian Geodetic Datum 1966 (AGD66).

To whom this Direction applies

5.1This 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.

Prohibitions on taking bugs

6.1            Fishing is not to be engaged in in the Northern Prawn Fishery for:

(a)bugs with a carapace width less than 60mm; or

(b)egg-bearing female bugs.

Direction not to engage in fishing

7.1Fishing is not to be engaged in the Northern Prawn Fishery for:

(a)the species named in Part 1 of Schedule 1 (the First Species) in excess of a combined catch of one kilogram per trip;

(b)the species named in Part 2 of Schedule 1 (the Second Species) in excess of a combined catch of 10 individual fish per trip;

(c)for mudcrabs in excess of a catch of 10 individuals per trip;

(d)for rock lobsters in excess of a catch of 6 individuals per trip;

(e)for species named in Schedule 2; or

(f)for tuna or tuna-like species; or

(g)scampi in the period commencing at 22.00 hours UTC on 19 April and ending at 14.30 hours UTC on 31 December 2019.

Exemptions to the prohibition in clause 7

8.1The prohibition in subclause 7.1(a) does not apply:   

(a)if the trip ends during the period beginning on 1 March in a year and ending on 30 June in the same year during the period of application of the Direction; and

(b)if no more than a cumulative total of 550 kilograms (whole weight) (the First Weight Limit) of the First Species are taken per trip; and

(c)if the First Weight Limit or any part thereof has been processed, the whole weight equivalent of the processed First Weight Limit or part thereof is determined using the conversion factors:

W = GG x 1.1

W = F x 2.6

W = HG x 1.4

8.2The prohibition in subclause 7.1 does not apply:

(a)if the trip ends during any other period of the year outside of the period defined in subclause 8.1(a) during the period of application of the Direction; and

(b)if no more than a cumulative total of 50 kilograms (whole weight) (the Second Weight Limit) of the First Species are taken per trip; and

(c)if the Second Weight Limit or any part thereof has been processed, the whole weight equivalent of the processed Second Weight Limit or part thereof is determined using the conversion factors:

W = GG x 1.1

W = F x 2.6

W = HG x 1.4

8.3The prohibition in subclause 7.1(f) above does not apply if:

(a)the only tuna and tuna-like species on board the vessel are longtail tuna (Thunnus tonggol); and

(b)no more than 10 longtail tuna (Thunnus tonggol) are taken per trip.

8.4The prohibitions in clause 7.1 do not apply to a person if the person is fishing in accordance with another plan of management in force under the Act, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.

SCHEDULE 1

Part 1

Common name	Scientific name
Saddle Tailed Snapper	Lutjanus malabaricus
Red Snapper	Lutjanus erythropterus
Red Emperor	Lutjanus sebae

Part 2

Common name	Scientific name
Broad-barred Spanish Mackerel	Scomberomorus semifasciatus
Coral trouts, Rock cods etc	Serranidae family
Gold Band Snapper	Pristipomoides multidens
Longtail Tuna	Thunnus tonggol
Narrow -barred Spanish Mackerel	Scomberomorus commerson
Emperors, sea breams	Lethrinidae family

SCHEDULE 2

Common name

Scientific name

Barramundi

Lates calcarifer

Black jewfish

Protonidea diacanthus

Blue salmon

Eleutheronema tetradactylum

Coral

Jewel fish (Yellow Jew)

Nibea squammosa

Pearl shell

Pinctada spp

Queenfish

Scomberoides lysan;

Scomberoides commersonianus

Spotted grunter-bream

Pomadasys kaakan

Threadfin salmon

Polydactylus sheridani

Beche-de-mer

Class Holothuroidae

Trochus

Class Trochidae

Sharks, rays and skates

Subclass Elasmobranchii

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.

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

o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislation	rep = repealed
gaz = gazette	rs = repealed and substituted
LA = Legislation Act 2003	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Northern Prawn Fishery (Closures Amendment) Direction No. 1 2019	F2019L00618	18/04/2019

Endnote 4—Amendment history

Provision affected	How affected
s 2	rep LA s 48D
s 4.1	am F2019L00618
s 7.1	am F2019L00618
s 9	rep LA s 48C