Northern Prawn Fishery General Conditions 2014 Season
AREA OF WATERS
1.
This concession is granted for the area of waters described as:
(a) The area specified in Schedule 1 of the Northern Prawn Fishery Management Plan 1995.
Conditions applying to this Statutory Fishing Right
In addition to the conditions specified by sub section 22(3) of the Fisheries Management Act 1991, and the
condition in sub section 42(2) to comply with any log book determination, the condition to comply with any
Direction under s41A and the condition to comply with section 42A requiring facilitating boarding and
cooperating with inspection by foreign officials under the Fish Stocks Agreement, the following conditions
are specified for the purposes of sub section 22(4) paragraph (a).
Note: Under sub section 22(5) these conditions may be varied, revoked or a further condition
specified by written notice from AFMA.
In addition to the above, the holder must comply with all the obligations prescribed in the Northern Prawn
Fishery Management Plan 1995 in particular:
Section 14 titled
Section 22 titled
Section 22B titled
Section 32 titled
Who may fish commercially in the Northern Prawn Fishery area;
Obligations on the holders of fishing concessions;
Election about holding gear statutory fishing rights; and
Agents.
By s42B(2) of the Act, Regulations may prescribe conditions that apply to fishing concessions.
Regulations
have been prescribed in the Fisheries Management Regulations 1992 providing conditions that apply
to this fishing concession in particular:
Regulation 9D:
Regulation 9F:
Regulation 9G:
Regulation 9I:
Regulation 9J - 9ZL:
Regulation 9ZO:
Regulation 9ZP:
Regulation 9ZS:
Regulation 9ZT:
Regulation 9ZU:
Regulation 9ZV:
Regulation 9ZX:
Concession holder to ensure that vessel monitoring system is operational.
Concession holder to ensure provision for observer and equipment to be carried.
Concession holder to ensure observer enabled to perform functions.
Fish to be disposed of to fish receiver permit holder.*
Catch limits.*
Prohibited ways of processing fish.
Removal of shark liver.
No interaction with protected organism.
Recording and reporting interaction with protected organism.
Reporting interaction with protected organism if protected organism injured.
Reporting interaction with protected organism if protected organism killed.
Nominated boat used for trip.
* not applicable to some concessions
AREA LIMITATION
1. The holder must not fish under this concession outside the area of waters described in this
document.
GEAR LIMITATIONS
2. The holder must not carry nets on the boat nominated to this concession unless each net is measured
and tagged.
3. The holder must ensure that nets, headropes and footropes are measured in metres (to 2 decimal
places).
Note: If measurements are equal to or greater than 0.005m then the number must be rounded up. If
measurements are less than 0.005m the number must be rounded down.
4. The holder must notify AFMA of the date, time and location at which the nets will be measured no
later than 24 hours prior to the nets being measured. AFMA must be notified by calling the AFMA
Compliance Regional Duty Officer on 0428 196 114.
5. To prepare the net for measuring, the holder must ensure that:
(a) the net is laid out straight for measuring;
(b) the eye of the headrope or footrope is attached to a fixed object at ground level;
(c) the other eye of the headrope or footrope is attached to a hand winch or a vehicle; and
(d) the hand winch or vehicle is then used to straighten the headrope or footrope until it is
aligned
straight with the ground.
6. The holder must ensure the net is measured from the first hanging to the last hanging on the
headrope.
No net can extend beyond the limit of the first or last hanging of the net.
7. The holder must measure the length of the headrope and the length of the footrope.
8. The holder must complete the form titled Northern Prawn Fishery Net Measuring Form after the
net
has been measured and the tag stamped with the length of the net.
Note: These forms can be obtained from AFMA.
9. The holder must ensure that when the net, headrope and footrope are measured and the
measurements are verified, that the tags attached to the headrope are stamped with the appropriate
measurement.
10. For new nets, the holder must insert a blank net tag into one eye of the headrope when the headrope
is being made. Once the net has been measured, the holder must use a number punch to punch the
headrope length onto the net tag.
11. For existing nets, the holder must secure a net tag into one eye of the headrope using a piece of
stainless steel wire, which must be secured in place with a small swage or any other tamper resistant
means as approved by AFMA. The holder may use a steel D-shackle provided the shackle pin is
welded to the shackle body. Once the net has been measured, the holder must use a number punch
to punch the headrope length onto the net tag. The net tag must be taped to the headrope using
electrical tape.
12. The holder must secure the net in a manner that allows access for Fisheries Officers to inspect the
tag but avoids damaging the tag.
13. The holder must ensure that the tags remain attached to the nets at all times when fishing is being
undertaken under this concession in the fishery.
14. The holder must re-measure the net if a headrope breaks and needs to be replaced.
15. If a tag is lost from a net the holder must contact AFMA to inform a Compliance Officer that a
tag has been lost and advise the Compliance Officer which tag has been lost.
16. If a net is lost when fishing and cannot be retrieved, the holder must contact AFMA to inform a
Compliance Officer that a net has been lost and advise the Compliance Officer which tag
has been lost.
Note: AFMA may be contacted as follows:
(a) business hours - by telephone to (08) 8943 0333 or 0428 196 114;
(b) after hours - by telephone to 0428 196 114 (Darwin) or 0419 205 329 (Canberra) or;
(c) any time - by fax to (08) 8942 2897.
17. The holder may only carry an untagged net in the Northern Prawn Fishery if they have applied
for and received an exemption to carry untagged nets in the fishery by AFMA.
18. An application for exemption to AFMA must be made either by telephone or fax as follows:
(a) business hours - by telephone to (08) 8943 0333 or 0428 196 114;
(b) after hours - by telephone to 0428 196 114 (Darwin) or 0419 205 329 (Canberra) or;
(c) any time - by fax to (08) 8942 2897.
TAKING/CARRYING OF SHARK OBLIGATIONS
19. The holder must not carry or possess any shark (Class Chondricthyes) dorsal, pectoral, caudal,
pelvic or anal fins on board the boat nominated to this concession that are not attached to the
shark’s carcass.
LANDING/DISPOSAL OBLIGATIONS
20. The holder must ensure that all bugs of the species Thenus parindicus and Thenus australiensis
retained on board the nominated boat must be kept whole.
OTHER OBLIGATIONS
21. The holder must ensure that relevant information about fish taken in the area of the Northern
Prawn Fishery is accurately and fully recorded and submitted on a Seasonal Landing Return
(SLR-T01) at the conclusion of the banana prawn season (1st season) and the tiger prawn
season (2nd season) respectively. These forms must be submitted in accordance with the
information and instructions provided by AFMA.
22. If a boat is nominated to this concession, at all times when the boat is being used under this
concession, the holder must have provided to AFMA a current emergency contact facility
for the nominated boat.
23. An emergency contact facility must enable AFMA to contact the boat immediately and directly
at any time when the boat is at sea, including in the event of an emergency.
24. AFMA must be notified immediately of any change in contact details, by fax sent to (02) 6225 5440
or by email to licensing@afma.gov.au; and the boat must not depart on a fishing trip unless
AFMA has been so notified of the change in contact details.
Note: The emergency contact facility may take the form of a satellite phone number,
or skipper or crew member’s mobile phone number - any number that may be used
by AFMA to contact the boat while it is at sea at any time, including in the event of
an emergency.
AGENT OBLIGATIONS
25.The holder accepts concurrent liability for all conduct by its servants or agents infringing the
Fisheries Management Act 1991 (or the Regulations, Management Plans or concession
conditions made by virtue of that Act) who may be engaged by the holder to conduct on the
holder’s behalf activity under this concession.
Liability for the conduct of the holder’s servants or agents arises, even if the conduct may be, or
actually is, beyond the scope of the servant or agent’s actual or apparent authority where it is a
breach that occurs during the conduct of activity authorised by this concession.
The holder may avoid concurrent liability for conduct whilst conducting activity under this
concession if, but only if, the holder can establish that the infringing conduct could not possibly
have been prevented by any action or precaution that the holder might have reasonably taken.
The giving of an indemnity by the servant or agent to the holder for any penalties incurred by the
holder, for infringing conduct by the servant or agent is not, of itself, a reasonable precaution to
prevent infringing conduct.
TEMPORARY ORDER OBLIGATIONS
26. The holder must comply with any Temporary Order made under sub section 43(2) of the Fisheries
Management Act 1991 and to the extent that any provision herein is inconsistent with such
Temporary Order sub section 43(9) provides that the provision herein is overridden by the
Temporary Order until the Temporary Order ceases to have effect.
DIRECTION OBLIGATIONS
27. The holder must comply with any Direction that fishing is not to be engaged in in the fishery,
or a particular part of the fishery or during a particular period or periods made under sub section
41A of the Fisheries Management Act 1991.
NAVIGATING IN CLOSED ZONES
28. AFMA may suspend this concession in accordance with this condition, pursuant to section 38(1)(c)
of the Fisheries Management Act 1991, if it reasonably appears by VMS transmission from the
nominated boat, that there is a failure by that boat while in a closed zone for the purposes of
regulation
37B of the Fisheries Management Regulations 1992, to meet the exempting provisions of sub
regulations 37C(2), or (3) or sub regulation 37D(2) or (3). Such suspension will then continue until
the
concession holder provides a full written explanation, to the satisfaction of the delegate responsible
for issuing that suspension, of the lawful reason for the boat being in that closed zone at that time,
or until the expiration of the suspension under sub section 38(2); whichever is the earlier.
Definitions
"boat" means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery,
and includes carrier boats and fishing boats.
"footrope" means the operational footrope of the net that lies between the two outermost points
at which the netting at the bottom of the net is attached to the footrope.
"headrope" means the operational headrope of the net that lies between the two outermost points
at which the netting at the top of the net is attached to the headrope.
"net" means a net used for trawling except a try-net.
"net tag" means a uniquely numbered stainless steel tag with the AFMA logo embossed on it.
"number punch" means the punch used to mark the length of the headrope onto the net tag.
"small swage" means a copper swage approximately 1 cm in length used to secure the net tag in
place on an existing net.