Torres Strait Fisheries Management Notice No. 43 (08/02/1995)

CITATION

1. This notice may be cited as
 torres Strait Fisheries
 Management Notice No 43.

COMMENCEMENT

2. This notice commences on
 gazettal.

NOTICE TO APPLY WITH
OTHER NOTICES

3. This notice applies in conjunction
 with any other notice in force in
 the area of the prawn fishery.

INTERPRETATION

4.1 In this notice, unless the contrary
 intention appears, words have
 the same meaning as in the
 Torres Strait Fisheries Act 1984,
 and:

"prawns" means fish of the family
 Penaeidae; and

"reporting area" means the area  of water described in
 schedule 1 that does not lie
 within the area of water
 described in schedule 2; and

"the Act" means the Torres Strait
 Fisheries Act 1984; and

"transit zone" means the area
  described in schedule 2.

4.2 Where for the purposes of this
 Notice it is necessary to
 determine the position on the
 surface of the Earth of a point,
 line or area, that position shall be
 determined by reference to the
 Australian Geodetic Datum, that
 is by reference to a spheroid
 having its centre at the centre of
 the Earth and a major
 (equatorial) radius of 6,378,160
 

 metres and flattening of 1/298.25
 and by reference to the Johnston
 Geodetic Station in the Northern
 Territory of Australia.  That
 station shall be taken to be
 situated at Latitude 25°
 56'54.5515" South and at
 Longitude 133°12'30.0771" East
 and to have a ground level of
 571.2 metres above the spheroid
 referred to above.

REVOCATION OF FISHERIES MANAGEMENT NOTICE NO 37

5. Fisheries Management Notice No
 37 dated 26 February 1993 is
 revoked.

PROHIBITIONS (GENERAL)

6.1 Pursuant to paragraph 16(1)(a)
of the Act, the taking of prawns
is prohibited.

6.2 Pursuant to paragraph 16(1)(a)
of the Act, the processing or
carrying of prawns is prohibited.

6.3 Pursuant to paragraph 16(1)(o)
of the Act, the possession of any
equipment capable of being used
for prawn trawling is prohibited,
unless it is carried by having the
boards unshackled from the nets
and placed on board the boat.

6.4 The prohibitions in paragraphs
6.1, 6.2 and 6.3 apply in the
reporting area.

EXEMPTIONS FROM
PROHIBITIONS

7.1 Pursuant to paragraph 16(1A)(d)
of the Act, if:

 (a) a person is, or is acting on
behalf      of,     the    holder  of   a

 licence in respect of a boat,
granted under subsection
19(2) of the Act, or is the
master of a boat in respect of
which such a licence is in
force; and

(b) before the boat entered the
area of the prawn fishery the
master of the boat notified
the Minister in accordance
with the procedures in
schedule 3; and

(c) there is specified in the
licence a condition, under
subsection 22(1) of the Act,
that limits the number of
days in a year that the boat
can be in the reporting area; and

(d) the number of days that the
boat, and any other boats in
respect of which that licence
was in force, have been in
the reporting area since the
start of the year is less than
the number specified in the
licence

then the person is exempt from
the prohibitions in paragraphs
6.1, 6.2 and 6.3.

7.2 For the purposes of paragraph
7.1, if a boat is in the reporting
area at any time between 1700
hours local time on one day and
0600 hours local time on the next
day, then it is taken to have been
in the area for one full day.

7.3 For the purposes of paragraph
7.1 a boat is deemed to have left
the reporting area at the time that
notification in accordance with
paragraph 9 is received.

7.4 Pursuant to paragraph 16(1A)(d)
of the Act, a person who holds a
licence under subsection 19(3) of
the Act in respect of the
reporting area is exempt from the
prohibition in paragraph 6.2.

7.5 Pursuant to paragraph 16(1A)(d)
of the Act, if:

(a)     a person holds a licence, in
respect of a boat, that was
issued under the law of
Papua New Guinea; and

(b) the boat is authorised to
trawl for prawns in the
reporting area

then the person is exempt from
the prohibitions in paragraphs
6.1, 6.2 and 6.3 in respect of the
boat.

PROHIBITIONS
(transit zone)

8.1 Pursuant to paragraph 16(1)(a)
of the Act, the taking of prawns
is prohibited.

8.2 Pursuant to paragraph 16(1)(o)
of the Act, a person is prohibited
from having in that persons
possession or in that persons
charge in a boat, equipment that
is:

(i)       capable of being used for any
kind of trawling; or

(ii)     capable of being used for
taking prawns

unless that equipment is carried
so that all of the equipment is out
of the water, or if any part of the
equipment is in the water:

Longitude 142°31'49"
East;".

10.2 Fisheries Management Notice No
40, schedule 3, dated 24 February
1994 is amended by deleting
paragraph (4) and substituting the
following:

"(4A) then south east along the
geodesic to the point of
Latitude 10°41'17" South,
Longitude 142°38'30" East;

(4B) then west along that
parallel to its intersection
by the meridian of
Longitude 142°31'49" East;

(4C) the south along that
meridian to its
northernmost intersection
by the coastline of Cape
York Peninsula at low
water;".

__________________

schedule 1

Area of the Prawn Fishery

The area consisting of:

(a)          the area of waters in the Protected
Zone to the south of the Fisheries
Jurisdiction Line; and

(b)          the area of waters (excluding any
waters within the limits of
Queensland) bounded by a line–

(1) commencing at the point of
intersection of the parallel
of Latitude 10°28'00"
South and the meridian of
Longitude 142°09'00" East;

 (2) running then east along the
  parallel       of             Latitude

(2) then east along the Latitude of 10°
28'00" South, to its intersection
by the meridian of Longitude 142°
31'49" East;

(3) then in a south easterly direction
to its intersection by the parallel
of Latitude 10°41'17" South, and
the meridian of Longitude
142°38'30" East;

(4) then west along that parallel to its
intersection by the meridian of Longitude 142°31'49" East;

(5) then south along that meridian to
its northernmost intersection by
the coastline of Cape York
Peninsula at low water;

(6) then generally south-westerly
along the western coastline of
Cape York Peninsula, that is
along the low water line on that
coast and across any river mouth,
to its intersection by the meridian
of Longitude 142°09'00" East;
and

(7) then north along that meridian to
the point of commencement.

(iii) that all cod ends are open and drawn up to the boat so that the cod ends would be visible from an aircraft or another boat; and

(iv) the boards are at the blocks.

8.3 The prohibitions in paragraphs
8.1 and 8.2 apply in the transit
zone.

MASTER REQUIRED TO GIVE
NOTICE

9.1 Pursuant to subsection 14(2a) of
the Act, a person who is the
master of a boat in respect of
which a licence is in force under
section 19 of the Act must
immediately after leaving the
reporting area notify the Minister
in accordance with the
procedures set out in schedule 3
and state the time and date that
the boat left.

9.2 A notification under paragraph
9.1 must be made in the manner
specified in schedule 3.

AMENDMENT OF FISHERIES MANAGEMENT NOTICE NO 40

10.1 fisheries Management Notice No
40, schedule 2, dated 24 February
1994 is amended by deleting
paragraph (26) and substituting
the following:

"(26A) then south east along the
 geodesic to the point of
 Latitude 10°41'17" South,
 Longitude 142°38'30" East;

 (26B) then west along that
parallel to its intersection
by        the        meridian    of

  10°28'00" South to its
intersection by the meridian
of Longitude 144° East;

(3) then south along that
meridian to its intersection
by the parallel of Latitude
10°41'17" South;

(4) then west along that
parallel to its intersection
by the meridian of
Longitude 142°31'49" East;

(5) then south along that
meridian to its
northernmost intersection
by the coastline of Cape
York Peninsula at low
water;

(6) then generally south-
westerly along the western
coastline of Cape York
Peninsula, that is along the
low water line on that coast
and across any river mouth,
to its intersection by the
meridian of Longitude 142°
09'00" East;

(7) then north along that
meridian to the point of
commencement; and

 (c) the territorial sea of Australia
north of the Fisheries Jurisdiction
Line.

schedule 2

Transit Zone

The area of waters bounded by
a line:

(1) commencing at the point of
intersection of the parallel of
Latitude 10°28'00" South and the
meridian of Longitude 142°
09'00" East;

schedule 3

Form and Manner of Notification

(1) A notification must specify:

(a)       the name and distinguishing
number of the boat; and

(b)      the name of the master; and

(c)       the next consecutive number
from the list provided with
the Torres Strait fishing
vessel licence granted in
respect of the boat; and

(d)      that the boat is entering or
leaving the reporting area;
and

(e)       the date and time of entering
or leaving the reporting area.

(2) A notification must be made by
telephone to the number
07-830 5852.

(3) The information contained in the
notification as specified in (1)
shall be recorded in a register.

(5) A notification made in
accordance with this schedule is
taken to have been made to the
Minister.