Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021

This Direction, titled Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021, is a delegated instrument made by the Chief Executive Officer of the Australian Fisheries Management Authority (AFMA) under section 41A of the Fisheries Management Act 1991 (the Act), dated 15 March 2021 (see the instrument heading and s 3). Mechanically, it establishes a set of geographic closure areas in the Northern Prawn Fishery by (a) listing closed areas and describing their boundaries in Schedule 1, and (b) imposing a prohibition on fishing in those areas for persons to whom the Direction applies (s 7). The Direction also contains targeted, operational exemptions to the prohibition (s 8). Schedule 2 repeals an earlier instrument, Northern Prawn Fishery (Closures) Direction No. 169 (Schedule 2).

The instrument’s commencement mechanics are set out in s 2. The whole instrument is to commence 14 days after it is registered; the commencement table and its note are part of the document describing timing (s 2(1) and the commencement table). The Direction is to be read consistently with other Directions under the Act and relies on defined terms drawn both from the Act and from the Northern Prawn Fishery Management Plan 1995 (s 4, definitions and notes). The instrument specifies that geographical coordinates use the World Geodetic System 1984 (WGS84) as their datum (s 4).

Operationally the Direction applies to a holder of a fishing concession in the Northern Prawn Fishery and to a person acting on behalf of such a holder (s 6). It forbids fishing in the areas described in Schedule 1 (s 7). The exemptions in s 8 allow limited conduct where equipment is completely out of the water, or where any part of equipment in the water is drawn up to the boat, visible from a nearby aircraft or boat, cod ends (if present) are open, and lazy lines and blocks (if present) are on the blocks (s 8(1)). An additional exemption allows fishing that is authorised under another plan of management in force under the Act or a State or Territory law that applies to the Northern Prawn Fishery area (s 8(2)).

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Commonwealth Coat of Arms of Australia

Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021

I, Wez Norris, Chief Executive Officer of the Australian Fisheries Management Authority, as delegate under delegation No. 2 of 2016 made on 14th November 2016 from the Commission, make the following direction.

Dated 15 March 2021

Wez Norris

Chief Executive Officer

Australian Fisheries Management Authority

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules

6 To whom this applies

7 Prohibition on fishing

8 Exemption to the prohibition in Section 7

Schedule 1 – Closure areas

Part 1 - Caledon Bay area

Part 2 - Port Langdon area

Part 3 - North West Bay area

Part 4 - Bartalumba Bay area

Part 5 - Alyangula area

Part 6 - Dalumba Bay area

Part 7 - Cape Shield to West Island

Part 8 - Sir Edward Pellew Group

Part 9 - Darwin to Point Blaze

Part 10 - Port Essington area

Part 11 - Mornington Island area

Part 11A – Mornington Island Benthic Survey Sites

Part 12 - Arnhem Bay area

Schedule 2 – Repeals

Northern Prawn Fishery (Closures) Direction No. 169

1 Name

This instrument is the Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument This instrument commences on the 14th day after it is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under section 41A of the Act.

4 Definitions

Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:

(a) boat

(b) fishing

(d) holder

(e) plan of management

(f) statutory fishing right.

A number of expressions used in this instrument are defined in the interpretation section of the Northern Prawn Fishery Management Plan 1995, including the following:

(a) acting for

(b) Northern Prawn Fishery

In this instrument:

Act means the Fisheries Management Act 1991;

boat means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery, and includes carrier boats and fishing boats;

equipment means equipment for fishing;

rack means a structure on a boat (including a structure on, or forming a part of, the deck of the boat) designed specifically for carrying otter boards when the boards are not in use;

the one nautical mile line means the line, every point of which is one nautical mile seaward from the shore at low-water, of the mainland or an island of Australia and the two nautical mile line and the three nautical mile line have corresponding meanings;

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).

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

The origin of geographical coordinates used in this Direction is the World Geodetic System 1984 (WGS84).

5 Schedules

(1) The instrument that is specified in Schedule 2 to this instrument is repealed as set out in the applicable items in that Schedule.

(2) Schedule 1 to this instrument has effect according to its terms.

6 To whom this applies

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.

7 Prohibition on fishing

Fishing is not to be engaged in in an area described in Schedule 1 of this Direction.

8 Exemption to the prohibition in Section 7

(1) The prohibition in Section 7 does not apply to a person if the person:

(a) either carries the equipment out of the water; or

(b) if any part of the equipment is in the water, then:

(i) that part is drawn up to the boat; and

(ii) that part is visible from a nearby aircraft or boat; and

(iii) if the equipment includes cod ends - the cod ends are open; and

(iv) if the equipment includes lazy lines and blocks - the lazy lines are on the blocks.

(2) The prohibition in Section 7 does not apply to a person if the person is fishing in accordance with another plan of management in force under the Fisheries Management Act 1991, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.

Schedule 1 – Closure areas

Part 1 - Caledon Bay area

The area bounded by the line:

(a) commencing at the easternmost point of Point Alexander at mean low water, in the vicinity of the point of Latitude 12° 50.37' South, Longitude 136° 37.3' East;

(b) from there south west along the geodesic to the northernmost point of the unnamed point in the vicinity of point of Latitude 12° 52.4' South, Longitude 136° 32.98' East at mean low water;

Part 2 - Port Langdon area

The area bounded by the line:

(a) commencing at the northernmost point of Scott Point on Groote Eylandt at mean low water, in the vicinity of point of Latitude 13° 44.68' South, Longitude 136° 50.4' East;

(b) from there north-easterly along the geodesic to the westernmost point on Hawk Island at mean low water, in the vicinity of point of Latitude 13° 40.55' South, Longitude 136° 53.22' East;

(c) from there westerly along the geodesic to the easternmost point on Jagged Point on an unnamed island at mean low water, in the vicinity of point of Latitude 13° 41.43' South, Longitude 136° 45.27' East;

(d) from there west along the northern coastline of that unnamed island at mean low water to its northernmost point, in the vicinity of point of Latitude 13° 41.12' South, Longitude 136° 44.28' East;

(e) from there west along the parallel of latitude which passes through that northernmost point at mean low water to its intersection with the coastline of Groote Eylandt at mean low water, in the vicinity of point of Latitude 13° 41.17' South, Longitude 136° 43.87' East;

(f) from there generally south, east and north along the coastline of Groote Eylandt at mean low water to the point of commencement.

Part 3 - North West Bay area

The area bounded by the line:

(a) commencing at the northernmost point on Alyinga Island at mean low water, in the vicinity of point of Latitude 13° 43.6' South, Longitude 136° 32.83' East;

(b) from there west along the parallel of latitude which passes through that point to its intersection with the eastern coastline of Winchelsea Island at mean low water, in the vicinity of point of Latitude 13° 43.6' South, Longitude 136° 32.05' East;

(c) from there generally southerly and south-westerly along the coastline of Winchelsea Island at mean low water to its southernmost point, in the vicinity of the southern end of Winchelsea Passage at of point of Latitude 13° 47.52' South, Longitude 136° 31.15' East;

(d) from there east along the parallel of latitude which passes through that point to its intersection with the coastline of Groote Eylandt at mean low water, in the vicinity of point of Latitude 13° 47.52' South, Longitude 136° 31.42' East;

(e) from there generally easterly and northerly along the coastline of Groote Eylandt at mean low water to its intersection with the parallel of latitude that passes through the northernmost point of Finch Island at mean low water, in the vicinity of point of Latitude 13° 43.3' South, Longitude 136° 35.28' East;

(f) from there west along that parallel to the northernmost point on Finch Island at mean low water, in the vicinity of point of Latitude 13° 43.3' South, Longitude 136° 34.85' East;

(g) from there westerly along the geodesic to the point of commencement.

Part 4 - Bartalumba Bay area

The area bounded by the line:

(a) commencing at the westernmost point on Winchelsea Island at mean low water, in the vicinity of point of Latitude 13° 44.25' South, Longitude 136° 27.98' East;

(b) from there west along the parallel which passes through that point to its intersection with the one nautical mile line, in the vicinity of point of Latitude 13° 44.25' South, Longitude 136° 26.98' East;

(c) from there generally south-easterly, westerly and north-westerly along the one nautical mile line to its intersection with the meridian of Longitude 136° 27.3' East in the vicinity of Latitude 13° 48.17' south;

(d) from there south along the meridian of Longitude 136° 27.3' to its intersection with the northern coastline of Groote Eylandt at mean low water, in the vicinity Ngadumiyerrka;

(e) from there generally easterly and northerly along the coastline of Groote Eylandt at mean low water to its intersection with the meridian of Longitude 136° 31.75' East, in the vicinity of Winchelsea Passage;

(f) from there north along the meridian of Longitude 136° 31.75' East to its intersection with the south-eastern coastline of Winchelsea Island at mean low water;

(g) from there south westerly and then generally north-westerly along the coastline of Winchelsea Island at mean low water to the point of commencement.

Part 5 - Alyangula area

The area bounded by the line:

(a) commencing at the point of intersection of the western coastline of Groote Eylandt at mean low water with the parallel of Latitude 13° 51.52' South, in the vicinity of the jetty at Alyangula;

(b) from there west along the parallel of Latitude 13° 51.52' South its intersection with the one nautical mile line;

(c) from there generally southerly along the one nautical mile line to its intersection with the parallel of Latitude 13° 58' South;

(d) from there east along the parallel of Latitude 13° 58' South to its intersection with the western coastline of Groote Eylandt at mean low water, in the vicinity of the northern bank of the mouth of Angurugu Creek;

(e) from there generally north along the coastline of Groote Eylandt at mean low water to the point of commencement.

Part 6 - Dalumba Bay area

The area bounded by the line:

(a) commencing at the southernmost point of Lugadamanja Point on Groote Eylandt at mean low water, in the vicinity of point of Latitude 14° 05.27' South, Longitude 136° 45.1' East;

(b) from there generally north westerly, south westerly, south easterly and northerly along the eastern coastline of Groote Eylandt at mean low water to the northernmost point on the unnamed headland, approximately 1.3 nm west of Adilyagba Point, in the vicinity of point of Latitude 14° 08.68' South, Longitude 136° 46.58' East;

Part 7 - Cape Shield to West Island

The area bounded by the line:

(a) commencing at the southernmost point on Cape Shield on the mainland of Australia at mean low water, in the vicinity of point of Latitude 13° 19.57' South, Longitude 136° 19.97' East;

(b) from there south along the geodesic to the westernmost point on Connexion Island at mean low water, in the vicinity of point of Latitude 13° 50.32' South, Longitude 136° 20.03' East;

(d) from there west along the parallel of Latitude 14° 30' South to its intersection with the eastern coastline of Edward Island at mean low water, in the vicinity of point of Latitude 14° 30' South, Longitude 135° 37.67' East;

(e) from there generally south-westerly along the coastline of Edward Island at mean low water to its southernmost point, in the vicinity of point of Latitude 14° 31.1' South, Longitude 135° 36.67' East;

(f) from there south-westerly along the geodesic to the point of intersection of the two nautical mile line around Wilipili Island with the two nautical mile line around the mainland of Australia, in the vicinity of point of Latitude 14° 33.75' South, Longitude 135° 35.35' East;

(g) from there generally south-westerly and south-easterly along the two nautical mile line to its intersection with the two nautical mile line around West Island in the Sir Edward Pellew Group, in the vicinity of point of Latitude 15° 37.4' South, Longitude 136° 27.97' East;

(h) from there south-easterly along the geodesic to the southernmost point on Crocodile Point on West Island at mean low water, the vicinity of point of Latitude 15° 38.63' South, Longitude 136° 29.67' East;

(i) from there south-westerly along the geodesic to the point of intersection of the meridian of Longitude 136° 28' East with the northern coastline of the mainland of Australia at mean low water, in the vicinity of point of Latitude 15° 39.85' South, Longitude 136° 28' East;

(j) from there generally north-westerly and north-easterly along the coastline of the mainland of Australia at mean low water to the point of commencement.

Part 8 - Sir Edward Pellew Group

The area bounded by the line:

(a) commencing at the point of intersection of the meridian of Longitude 136° 28' East with the northern coastline of the mainland of Australia at mean low water;

(b) from there north-easterly along the geodesic to the southernmost point on Crocodile Point on West Island in the Sir Edward Pellew Group at mean low water;

(c) from there generally easterly along the southern coastline of West Island at mean low water to its south-easternmost point, the vicinity of point of Latitude 15° 38.72' South, Longitude 136° 35.45' East;

(d) from there south-easterly along the geodesic to the northernmost point on South West Island at mean low water, in the vicinity of point of Latitude 15° 39.83' South, Longitude 136° 40.32' East;

(e) from there north-easterly along the geodesic to the westernmost point on Toby Point on Watson Island at mean low water;

(f) from there generally north-easterly along the western coastline of Watson Island at mean low water to the north-westernmost point on an unnamed headland, in the vicinity of point of Latitude 15° 33.6' South, Longitude 136° 47.68' East;

(g) from there north-easterly along the geodesic to the southernmost point of Paradice Bay on North Island at mean low water, in the vicinity of point of Latitude 15° 32.33' South, Longitude 136° 50.73' East;

(h) from there north-easterly along the coastline of North Island at mean low water to the most northern point on Cape Pellew at mean low-water;

(i) from there south-easterly along the geodesic to the point of Latitude 15° 34.7’ South, Longitude 136° 58.7' East;

(j) from there south along the meridian of Longitude 136° 58.7' East to its intersection with northern coastline of Vanderlin Island at mean low water, in the vicinity of Kedge Point;

(k) from there generally north and south-easterly along the eastern coastline of Vanderlin Island at mean low water to the southernmost point on Goat Point, in the vicinity of point of Latitude 15° 50.77' South, Longitude 137° 04.52' East;

(l) then south along the meridian which passes through that point to its intersection with the two nautical mile line, in the vicinity of point of Latitude 15° 53.75' South, Longitude 137° 04.52' East;

(m) from there generally south-easterly along the two nautical mile line to its intersection with the meridian of Longitude 138° 00' East;

(n) from there south along the meridian of Longitude 138° 00' East to its intersection with the northern coastline of the mainland of Australia at mean low water;

(o) from there generally north-westerly along the coastline of Australia at mean low water to the point of commencement.

Part 9 - Darwin to Point Blaze

The area bounded by the line:

(a) commencing at the westernmost point on Point Blaze on the mainland of Australia at mean low water, in the vicinity of point of Latitude 12° 55.82' South, Longitude 130° 08.3' East;

(b) from there west along the parallel of Latitude that passes through that point to its intersection with the three nautical mile line, in the vicinity of point of Latitude 12° 55.82' South, Longitude 130° 05.3' East;

(c) from there generally north-easterly along the three nautical mile line to its intersection with the parallel of Latitude 12° 15' South;

(d) from there east along the parallel of Latitude 12° 15' South to its intersection with northern coastline of the mainland of Australia at mean low water;

(e) from there generally south-westerly along the coastline of the mainland of Australian at mean low water to the point of commencement.

Part 10 - Port Essington area

The area bounded by the line:

(a) commencing at the most northerly point on Vashion Head at mean low water, in the vicinity of point of Latitude 11° 07.5' South, Longitude 131° 59.65' East;

(b) from there generally south east and north around the coastline of Port Essington at mean low water to the northern most point of Smith Point, in the vicinity of point of Latitude 11° 07.35' South, Longitude 132° 08.2' East;

Part 11 - Mornington Island area

The area bounded by the line:

(a) commencing at the intersection of the mainland of Australia at mean low water with the meridian of Longitude 139° 25' East, in the vicinity of a point on the coast about 2.5 nm north west of Tarrant Point;

(b) from there north-easterly along the geodesic to the point of Latitude 17° 05.65' South, Longitude 139° 34.72' East, in the vicinity of Raft Point on Bentinck Island;

(c) from there north-easterly along the geodesic to the point of Latitude 16° 31.92' South, Longitude 139° 42.75' East, in the vicinity of Cape Van Diemen on Mornington Island;

(d) from there north-easterly along the geodesic to the point of Latitude 16° 29.5' South, Longitude 139° 49' East, in the vicinity of Pisonia Island;

(e) from there north-westerly along the geodesic to the point of Latitude 16° 27' South, Longitude 139° 43.5' East, in the vicinity of Mudgun Point on Lingnoonganee (Wallaby) Island;

(f) from there north-westerly along the geodesic to the point of Latitude 16° 21.5' South, Longitude 139° 33' East;

(g) from there south along the meridian of Longitude 139° 33' East to the intersection of the coastline on Mornington Island at mean low water, in the vicinity of Nyuldora at Latitude 16° 23.47' South;

(h) from there generally south-westerly along the coastline of Mornington Island at mean low water to the westernmost point of Gee Wee point, in the vicinity of point of Latitude 16° 38.05' South, Longitude 139° 09.02' East;

(i) from there south-westerly along the geodesic to the intersection of the meridian of Longitude 138° 50' East with the coastline of the mainland of Australia at mean low water, in the vicinity of Bundella Creek;

(j) from there generally south-easterly along the coastline of the mainland of Australia at mean low water to the point of commencement.

Part 11A – Mornington Island Benthic Survey Sites

The area bounded by the line:

(a) commencing at the point Latitude 16° 27.85' South, Longitude 139° 07.72' East;

(b) then east along the parallel of Latitude 16° 27.85' South to its intersection with the meridian of Longitude 139° 12.37' East;

(c) from there south along the meridian of Longitude 139° 12.37' East to its intersection with the parallel of Latitude 16° 30.24' South;

(d) from there west along the parallel of Latitude 16° 30.24' South to its intersection with the meridian of Longitude 139° 07.72' East;

(e) from there north along the meridian of Longitude 139° 07.72' East to the point of commencement.

The area bounded by the line:

(a) commencing at the point Latitude 16° 33.08' South, Longitude 140° 06.11' East;

(b) from there east along that parallel of Latitude 16° 33.08' South to its intersection with the meridian of Longitude 140° 12.32' East;

(c) from there south along the meridian of Longitude 140° 12.32' East to its intersection with the parallel of Latitude 16° 39.77' South;

(d) from there west along the parallel of Latitude 16° 39.77' South to its intersection with the meridian of Longitude 140° 09.42' East;

(e) from there north along that meridian of Longitude 140° 09.42' East to its intersection with the parallel of Latitude 16° 35.55' South;

(f) from there west along the parallel of Latitude 16° 35.55' South to its intersection with the meridian of Longitude 140° 06.11' East;

(g) from there north along the meridian of Longitude 140° 06.11' East to the point of commencement.

Part 12 - Arnhem Bay area

The area bounded by the line:

(a) commencing at most western point on Cape Newbald on the mainland of Australia at mean low water, in the vicinity of point of Latitude 12° 09.85' South, Longitude 136° 10.02' East;

(b) from there north-westerly along the geodesic to the northern most point on Flinders Point at mean low water, in the vicinity of point of Latitude 12° 03.78' South, Longitude 136° 02.7' East;

(c) from there generally southerly, westerly, north westerly and easterly along the coastline of Arnhem Bay at mean low water to the point of commencement.

Schedule 2 – Repeals

Northern Prawn Fishery (Closures) Direction No. 169

1 The whole of the instrument

Repeal the instrument

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Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021

Dated 15 March 2021

Wez Norris

Chief Executive Officer

Australian Fisheries Management Authority

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules

6 To whom this applies

7 Prohibition on fishing

8 Exemption to the prohibition in Section 7

Schedule 1 – Closure areas

Part 1 - Caledon Bay area

Part 2 - Port Langdon area

Part 3 - North West Bay area

Part 4 - Bartalumba Bay area

Part 5 - Alyangula area

Part 6 - Dalumba Bay area

Part 7 - Cape Shield to West Island

Part 8 - Sir Edward Pellew Group

Part 9 - Darwin to Point Blaze

Part 10 - Port Essington area

Part 11 - Mornington Island area

Part 11A – Mornington Island Benthic Survey Sites

Part 12 - Arnhem Bay area

Schedule 2 – Repeals

Northern Prawn Fishery (Closures) Direction No. 169

1 Name

This instrument is the Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details

The instrument rests on a small number of interlocking legal and technical concepts. First, legal authority and scope. The Direction is made under s 41A of the Fisheries Management Act 1991 (s 3) and contains a directional prohibition that, on its face, binds concession-holders and those acting on their behalf (s 6). The text instructs readers to read the Direction consistently with other Directions under the Act (s 4), indicating it is part of a broader regulatory instrument set.

Second, the regulated actor concept. The instrument restricts its reach to "a holder of a fishing concession in the Northern Prawn Fishery and to a person acting on behalf of the holder" (s 6). The definition of "boat" in s 4 is limited to "a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery" and specifically includes carrier boats and fishing boats. Therefore two distinct nomination-based limiting concepts operate: (a) the Direction applies to concession-holders and their agents, and (b) the definition of "boat" invoked in the instrument is confined to boats nominated on statutory fishing rights.

Third, the geographic closure concept. Schedule 1 contains 12 Parts, each describing by points, geodesics, parallels, meridians, and references to the one, two and three nautical mile lines particular closure polygons or polygons bounded by coastline segments. Latitude and longitude are specified in WGS84 (s 4). The instrument uses mean low water as the baseline for many coastline references. Several parts also use nautical-mile lines to define offshore limits.

Fourth, the substantive prohibition and narrow operational exemptions. Section 7 states the prohibition: "Fishing is not to be engaged in in an area described in Schedule 1." Section 8 provides two exemptions. The first (s 8(1)) is an operational, equipment-focused exemption that permits presence provided fishery equipment is out of the water, or if any part is in the water that part is drawn up to the vessel and visible from a nearby aircraft or boat, cod ends (if any) are open, and lazy lines are on the blocks. The second (s 8(2)) is a legal-exemption that allows fishing authorised under another plan of management under the Act or a State or Territory law relevant to the Northern Prawn Fishery area.

Fifth, continuity and repeal. The instrument expressly repeals the earlier Northern Prawn Fishery (Closures) Direction No. 169 (Schedule 2). Section 5(1) states that the instrument specified in Schedule 2 is repealed as set out. The Direction therefore functions as a replacement scheme for closures previously set out in Direction No. 169.

Finally, technical and interpretative details. The Direction requires use of WGS84 coordinates (s 4). It defines "the one nautical mile line" and corresponding two and three nautical mile lines in relation to the shore at low-water (s 4). UTC is defined and equated to mean solar time at the prime meridian, though the Direction contains no specific time-triggered provisions; the UTC definition provides consistency with other Directions that may reference time (s 4). The instrument also defines "rack" and other fishing equipment language for clarity (s 4).

These concepts combine to create a defined, geospatially bounded prohibition on fishing activities by concession-holders and their agents in specified areas, with narrow operational exceptions and an explicit mechanism to coexist with other management plans or State and Territory laws.

The instrument identifies its regulated population narrowly and precisely. Section 6 states the Direction "applies to a holder of a fishing concession in the Northern Prawn Fishery and to a person acting on behalf of the holder." Therefore the legal obligations and prohibitions in this Direction bind concession-holders whose fishing concessions relate to the Northern Prawn Fishery, and agents, crew, contractors and others acting on their behalf when they engage in fishery activities. The definition of "boat" in s 4 limits the Direction’s conceptual reach when the term is used elsewhere, defining "boat" as one that is nominated on statutory fishing rights for the Northern Prawn Fishery and explicitly including carrier boats and fishing boats. That definition matters operationally for assessing whether particular vessels that might be present in closed areas are within the Direction’s actor scope.

The Direction does not purport to apply to persons who are not holders of a fishing concession in the Northern Prawn Fishery or not acting for such a holder. The prohibition in s 7 is phrased as a general instruction that "Fishing is not to be engaged in in an area described in Schedule 1," but the instrument’s own application clause (s 6) defines who is subject to that instruction. Consequently, recreational fishers, commercial fishers who do not hold Northern Prawn Fishery fishing concessions, or other sea users are not expressly captured by the instrument’s application clause. That said, some of the Schedule 1 closures are bounded by nautical mile lines and coastline references that implicate state coastal waters and may overlap with other statutory regimes; the Direction explicitly preserves fishing authorised by another plan of management under the Act or a State or Territory law in force in relation to the Northern Prawn Fishery area (s 8(2)). This legal-exemption recognises the possibility of concurrent rules.

Practical effects for operators with Northern Prawn Fishery concessions include immediate navigational and operational adjustments. Concession-holders must ensure their nominated vessels do not "engage in fishing" in any Schedule 1 area (s 7). The instrument’s exemptions in s 8(1) set narrow conditions under which equipment may be present, and they require observable configurations: equipment carried out of the water, or parts drawn up to the boat and visible to a nearby aircraft or boat, cod ends open, and lazy lines on blocks. Those technical conditions will affect how crew handle nets and gear when approaching or transiting near closure boundaries. For vessels not nominated on statutory fishing rights, the instrument’s definitions may limit direct application, but other laws or management plans could still apply; the Direction does not displace other applicable legal regimes.

Administratively, AFMA’s CEO made the Direction as delegate under delegation No. 2 of 2016 from the Commission, dated 14 November 2016. The opening text therefore documents the delegated authority enabling this instrument. Schedule 2 repeals the previous closures Direction No. 169 in whole, so holders previously operating under No. 169 must transition to the geographic and exemption framework in this Direction.

The Direction creates a small portfolio of legal duties and corresponding permissive rights for the persons to whom it applies. Duties are direct and operational. Section 7 imposes the core duty: "Fishing is not to be engaged in in an area described in Schedule 1." For holders of Northern Prawn Fishery fishing concessions and persons acting on their behalf (s 6), that is a standing prohibition against engaging in fishing activity within the closure polygons and lines described part-by-part in Schedule 1.

Section 8 supplies the principal operational qualifications to that duty. Under s 8(1), a person is not subject to the prohibition if they meet one of two equipment-based conditions. First, if the person "carries the equipment out of the water," fishing is permitted in the sense that the prohibition does not apply. Second, where any part of the equipment is in the water, the person must ensure four sub-conditions are met simultaneously: (i) that part is drawn up to the boat; (ii) that part is visible from a nearby aircraft or boat; (iii) where equipment includes cod ends, those cod ends are open; and (iv) where equipment includes lazy lines and blocks, the lazy lines are on the blocks (s 8(1)(b)(i)-(iv)). These sub-conditions create conditional rights to operate in or transit through closure areas while carrying gear, provided the gear is in a non-deployed, observable configuration. The Right created is narrow and operationally prescriptive.

Section 8(2) creates a further legal right: the prohibition in s 7 "does not apply to a person if the person is fishing in accordance with another plan of management in force under the Fisheries Management Act 1991, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area." That clause preserves the continuing authority of other management instruments and State or Territory laws. Practically, a holder who has explicit authorisation under another plan or a relevant State or Territory law may continue to fish notwithstanding the closures set out in this Direction, to the extent that the other instrument permits it. The Direction therefore does not operate as an absolute exclusion without regard to other statutory authorisations.

Interpretative and compliance duties are also implied by the instrument’s technical definitions. Section 4 fixes WGS84 as the coordinate datum for the Direction. Parties must therefore use WGS84 coordinates when plotting closure boundaries. The instrument defines nautical mile lines in relation to the shore at low-water and refers repeatedly to mean low water for coastline baselines in Schedule 1. That creates an operational duty to use the specified tidal datum when interpreting where coastline-based boundaries fall. The Direction also defines "boat," "equipment," and "rack," and includes a note that several other expressions are defined in the Act and the Northern Prawn Fishery Management Plan 1995. Concession-holders therefore carry a duty to consult those external definitions when applying the Direction.

Rights are limited to the exemptions described above. There is no express provision in the Direction for compensation, permits authorising otherwise prohibited activity, or administrative appeal mechanisms within the text. The Direction requires concession-holders to rely on other management plans or State/Territory laws for broader authorisations, and it leaves enforcement and any consequential disciplinary or civil measures to other parts of the legal framework.

The Direction itself does not set out a schedule of penalties, specific sanctions, or detailed enforcement procedures. Its operative provisions are the prohibition in s 7 and the exemptions in s 8. There is no clause in the text that prescribes fines, administrative sanctions, or criminal offences for non-compliance within this Direction. The instrument is made under the Fisheries Management Act 1991 (s 3) and is to be read consistently with other Directions made under the Act (s 4). Therefore enforcement, penalties and investigative powers related to breaches of this Direction would be located in the Act and any other applicable regulatory instruments and enforcement policies, rather than in this Direction itself.

Because the Direction applies to holders of fishing concessions in the Northern Prawn Fishery and people acting for those holders (s 6), any enforcement action for a contravention of the Direction would be taken against those individuals or entities under the enforcement regime that governs holders of fishing concessions. The Direction’s operational exemptions require observable conditions such as visibility of gear from a nearby aircraft or boat and cod ends being open (s 8(1)(b)(ii)-(iii)). Those visibility requirements create practical evidentiary considerations for any enforcement activity. For example, an enforcement officer or inspector would need to establish the state of equipment at the material time and whether it was visible to a nearby aircraft or boat, or whether equipment was carried out of the water.

The text also includes material relevant to monitoring and interpretation that bears on enforcement. Schedule 1 defines closure boundaries in precise latitude and longitude terms, referencing WGS84 as the coordinate system (s 4). Mean low water is the baseline used for multiple coastline references. Those technical specifications will inform how an alleged breach is determined spatially: whether a vessel or gear was inside a closed polygon will be established by mapping against WGS84 coordinates and using mean low water baselines where coastline references are invoked.

Because the Direction repeals Northern Prawn Fishery (Closures) Direction No. 169 (Schedule 2), any historical enforcement actions under that earlier instrument would need to be considered in light of the repeal, but the Direction itself does not specify transitional enforcement arrangements.

In sum, the Direction creates a binding prohibition and narrow exemptions but leaves penalties, compliance powers and mechanisms to the broader Fisheries Management Act 1991 framework and other regulatory instruments. The Direction contains the legal rule and the technical boundaries, but not specific sanctions or monitoring protocols; those elements are deployed through AFMA’s statutory powers and associated enforcement policies outside the text of this Direction.

The Direction explicitly situates itself within a nested legal framework. It is made under s 41A of the Fisheries Management Act 1991 (s 3), and contains a note instructing that it is to be read consistently with other Directions made under the Act (s 4). It also draws on definitions contained in both the Act and the Northern Prawn Fishery Management Plan 1995 (s 4). Those cross-references create a web of interaction: definitions and operational rules not set out in this Direction may be taken from the Act or the Management Plan.

Section 8(2) creates direct legal interaction with other statutory instruments. It states the prohibition does not apply if the person is "fishing in accordance with another plan of management in force under the Fisheries Management Act 1991, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area." That clause operates as a saving for other authorisations. In practice, if a separate plan of management under the Act or a State or Territory law authorises fishing in an area that this Direction lists as closed, the Direction does not displace that other legal authorisation. The text therefore envisions concurrent or overlapping regulatory regimes and provides a mechanism for those regimes to coexist.

The Direction also repeals the prior Northern Prawn Fishery (Closures) Direction No. 169 in its entirety (Schedule 2). The repeal is a direct interaction: the previous instrument is displaced, and the geographic closures and exemptions in the current Direction operate in its stead. The commencement clause (s 2) and the note attached to the commencement table make clear that the table relates only to provisions of the instrument as originally made; this means any future modifications will be separately documented.

Technical cross-legal interactions are also evident. The instrument uses the terms "one nautical mile line," "two nautical mile line," and "three nautical mile line," defined in s 4 as lines every point of which is the stated distance seaward from the shore "at low-water." Because these nautical mile lines involve the coastline baseline, the interplay between federal closures and State coastal boundaries may be relevant. The Direction uses mean low water as the baseline for coastline references in Schedule 1. State and Territory laws that regulate coastal waters and foreshore activities typically use similar or different tidal datums, so careful cross-checking is required when mapping boundaries where state waters adjoin Commonwealth-managed waters.

The Direction’s definition of "boat" as a vessel nominated on statutory fishing rights potentially intersects with the statutory rights regime established under the Act. That nominative link means the practical group of vessels and operators subject to the Direction is determined by the statutory fishing rights register or nominations created under the Act or the Northern Prawn Fishery Management Plan 1995.

Finally, the instrument includes a definition of UTC and explains equivalence to mean solar time at the prime meridian, formerly GMT (s 4). While the Direction itself contains no timing provisions, that definitional choice aligns reporting and monitoring practices with other Directions or instruments that may use UTC, so it facilitates temporal consistency across the fisheries regulatory framework.

In short, the Direction operates as a piece of a multi-layered regulatory system. It displaces the earlier closures Direction, preserves other authorisations under the Act and State/Territory law, relies on external definitions in the Act and in the Northern Prawn Fishery Management Plan 1995, and establishes technical coordinate and tidal baselines that will interact with other spatially defined legal regimes.

The Direction, as presented in the instrument text, is an original instrument titled Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021. The instrument contains a commencement table in s 2 that records commencement mechanics for the instrument as originally made, with the whole instrument commencing 14 days after registration (s 2(1) and the commencement table). The instrument contains a specific repeal entry: Schedule 2 repeals the Northern Prawn Fishery (Closures) Direction No. 169 in whole. Item 1 of Schedule 2 provides the operative repeal text, "The whole of the instrument. Repeal the instrument." That is the only express repeal or amendment recorded within the instrument.

The opening statement of the instrument identifies the administrative provenance: the Direction was made by the AFMA Chief Executive Officer, Wez Norris, as delegate under delegation No. 2 of 2016 dated 14 November 2016 from the Commission. That internal delegation detail anchors the internal administrative authorisation for the CEO to make the Direction under s 41A of the Act.

The instrument’s s 5(1) states that the instrument specified in Schedule 2 is repealed "as set out in the applicable items in that Schedule." Section 5(2) confirms that Schedule 1 has effect according to its terms. The commencement table contains an editorial note stating the table relates only to the provisions of the instrument as originally made and will not be amended to deal with any later amendments of the instrument. This preserves the original commencement record as historical detail.

The text contains no other amendments, transitional provisions, savings clauses or later modification records. There are no schedules or clauses that indicate staged implementation, sunset clauses, or a built-in periodic review. The Direction establishes permanent closures as set out in Schedule 1. The instrument’s title uses the word "Permanent," and the body contains no clause prescribing periodic review or automatic expiry.

If further changes are made in future, they would appear as separate instruments amending or replacing this Direction or by new Directions made under the Act, but those subsequent changes are not recorded in the present text. The only historical instrument explicitly addressed is Direction No. 169, which is repealed in full. The commencement note and the repeal of the prior Direction are the only materials in the instrument that speak to amendment and historical continuity.

The text of the Direction contains no reference to litigation, court decisions, tribunal determinations, administrative appeals, or judicial review proceedings. The instrument does not mention any past, pending or intended legal challenges. It contains no procedural clauses describing review rights, merits review, or internal administrative appeal routes specific to decisions to apply or enforce the Direction.

Because the Direction is made under s 41A of the Fisheries Management Act 1991 (s 3), any legal challenges that arise from application or enforcement of the Direction would be situated within the general legal remedies available against administrative action under Australian law. Those remedies are not addressed in the Direction’s text. The instrument does include definitional and technical material that will appear in any enforcement or contested factual matrix, such as WGS84 as the coordinate origin and the use of mean low water for coastline baselines (s 4 and Schedule 1). Those technical specifications would be material in any litigation that turns on spatial positioning.

The repeal of Northern Prawn Fishery (Closures) Direction No. 169 (Schedule 2) could have litigation consequences for actions that were taken under No. 169 prior to repeal, but the present instrument does not address transitional rights, ongoing proceedings, or saved actions. The instrument does not indicate whether prior enforcement actions under Direction No. 169 were to be continued, discontinued, or otherwise treated following repeal; any such issues would need to be resolved in accordance with standard transitional law principles and practices or by reference to AFMA’s enforcement protocols outside the text of this Direction.

In short, the instrument contains no litigation history or records. It does not set out appeal mechanisms or specify how disputes over interpretation, boundary location, or compliance are to be adjudicated. Any legal contestation will therefore rely on general statutory and common law avenues rather than on processes described in the Direction itself.

Several specific features of the Direction create potential operational pitfalls for concession-holders and their advisers.

Limited application population. Section 6 states the Direction applies to holders of fishing concessions in the Northern Prawn Fishery and persons acting on their behalf. The prohibition in s 7 is therefore directed at that population. Operators who are not concession-holders, or vessels not nominated on statutory fishing rights, are not explicitly covered. Misunderstanding this scope could lead to incorrect compliance assumptions or enforcement interactions with third parties. Conversely, a vessel that is nominally a carrier rather than a fishing vessel can still fall within the definition of "boat" if it is nominated on statutory fishing rights, because the definition in s 4 expressly includes carrier boats and fishing boats.
Spatial and datum precision. Schedule 1 uses latitude/longitude coordinates and references to mean low water, and s 4 specifies WGS84 as the coordinate origin. Interpreting the closure polygons correctly requires mapping with WGS84 coordinates, applying mean low water as the coastline baseline, and correctly plotting geodesics, meridians and parallels. Small mapping errors can put a vessel inside a closure without intending to be so. Planners must ensure charting software and GPS devices use WGS84; using a different datum will produce coordinate offsets.
Nautical-mile line complexity. Several parts of Schedule 1 invoke the one, two and three nautical mile lines as boundary markers (s 4 definition of those lines and multiple Schedule 1 Parts). Those lines are defined relative to the shore "at low-water" and can be irregular where the coastline is complex. Determining where the one nautical mile or two nautical mile line intersects a given meridian or parallel may require specialist hydrographic plotting. Ambiguity about whether a vessel is on the seaward or shoreward side of a nautical mile line is an operational risk.
Exemption evidentiary requirements. Section 8(1)(b) requires that, where any part of equipment is in the water, that part is "drawn up to the boat" and "visible from a nearby aircraft or boat," cod ends are open if present, and lazy lines are on the blocks if present. Three practical issues arise. First, "drawn up to the boat" is a qualitative description and may produce disputes about the precise state of nets or gear. Second, "visible from a nearby aircraft or boat" introduces an evidentiary and factual test that depends on presence and positioning of a nearby aircraft or boat. The Direction does not specify what qualifies as "nearby" or how "visibility" is to be measured. Third, verifying that cod ends are open or that lazy lines are on the blocks may require inspection; absent an inspector, a compliance officer would rely on contemporaneous records, photographs or third-party observations. These features create evidentiary exposure for operators transiting near closures.
Overlap with other plans and laws. Section 8(2) preserves fishing authorised under another plan of management or State or Territory law. Operators relying on other authorisations must be confident that those instruments do indeed authorise fishing within the closure area. The Direction does not itself certify or list any such authorisations. Failure to check whether an alternate plan or law supplies an authorisation could lead to inadvertent non-compliance.
Repeal of earlier Direction. The wholesale repeal of Direction No. 169 (Schedule 2) replaces prior closure geometry and possibly prior enforcement expectations. Operators with compliance procedures keyed to No. 169 need to update their systems to the new polygons and textual conditions in Schedule 1.
No penalties or enforcement detail. The Direction does not specify penalties, monitoring regimes, or reporting obligations. Operators cannot find in the Direction the precise enforcement outcomes for non-compliance, so they must refer to the Act and AFMA’s enforcement policies. That gap can complicate risk assessment.
Technical definitions used but not exercised. The instrument defines "rack" and UTC, and references to plan of management definitions in the Northern Prawn Fishery Management Plan 1995. Some defined terms are not used in the operative prohibition but may be material in cross-referenced instruments. Operators should consult the Plan and the Act for complementary definitions.
Mean low water baseline. Many coastline references are to "mean low water." Different jurisdictions and charting products may use varying tidal datums. Operators must ensure their coastal plotting aligns to "mean low water" as specified in the Direction to avoid positional mistakes.
Permanent label. The title uses "Permanent Closures" and the body contains no expiry or review requirement. This permanence means the closure geometry and conditions are expected to remain in place until amended or repealed by another instrument. Long-term operational planning should reflect that.

Taken together, these points create a catalogue of practical operational risks that require careful mapping, affirmative evidence of gear configuration, cross-checking of other authorisations, and administrative attention to nomination status and statutory fishing rights.

Compliance with this Direction involves discrete spatial, operational and administrative steps grounded in the instrument’s text. The steps below are concrete actions that follow from the Direction’s provisions.

Confirm applicability. Determine whether you are a "holder of a fishing concession in the Northern Prawn Fishery" or a person acting on behalf of such a holder (s 6). If you hold statutory fishing rights, check which vessels are nominated on those rights, because s 4 defines "boat" as a boat nominated on statutory fishing rights for the Northern Prawn Fishery. Update your internal register of concession-holders and nominated vessels to confirm coverage.
Map Schedule 1 areas using WGS84 and mean low water. Use WGS84 datum as required by s 4 to plot the latitude and longitude points in Schedule 1 accurately. Where Schedule 1 references mean low water baselines and nautical mile lines, ensure charting software uses mean low water as the coastal datum and calculates one, two and three nautical mile lines accordingly. Where sections of Schedule 1 use geodesics, parallels or meridians, plot those lines precisely on WGS84 charts. Keep high-resolution geospatial files for vessel navigation and compliance audits.
Update voyage planning and routeing. Program exclusion polygons into navigation systems and electronic chart displays on nominated vessels. Establish buffer zones outside closure boundaries to account for GPS and charting tolerances, especially around points where the coastline is complex or nautical-mile line intersections occur.
Train masters and crew in the operational exemptions. Section 8(1) permits limited presence where gear is carried out of the water, or where parts in the water are drawn up to the boat and visible to a nearby aircraft or boat, cod ends are open, and lazy lines are on blocks. Train crew to ensure that, where passage near closure areas is necessary, all equipment is stowed out of the water where practicable, or alternatively that the gear is hauled and visibly secured. Ensure cod ends are open and lazy lines on blocks before approaching or entering a closure area, and document the state of gear with time-stamped photographs or log entries to create an evidentiary trail.
Develop evidentiary practices. Because s 8(1)(b) uses visibility from a "nearby aircraft or boat" as a condition, create standard procedures to produce contemporaneous evidence. That can include photographs with GPS metadata, witness statements, VHF calls noting vessel proximity to enforcement craft, or logbook entries. Where an aircraft is used for routine monitoring by AFMA, coordinate to establish what will qualify as "nearby" in practice; absent such coordination, adopt conservative positioning outside closure boundaries.
Check for other authorisations. Before relying on s 8(2), confirm whether you are "fishing in accordance with another plan of management in force under the Fisheries Management Act 1991, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area." Do not assume permissive overlap. Obtain documentary evidence of any other authorisation and retain it onboard the vessel while operating in or near closed areas.
Update compliance management systems. Revise standard operating procedures, permit checklists and electronic navigational warnings to reflect the new polygons in Schedule 1 and the repeal of Direction No. 169. Ensure chartering and carrier arrangements account for the definition of "boat" as nominated on statutory fishing rights where relevant.
Maintain records and logs. Record all transits near closure areas, gear configuration states, and any communications with regulators. Maintain vessel position logs with high-frequency GPS records that can demonstrate whether fishing was engaged in inside a closed area.
Engage with AFMA where ambiguity exists. The Direction leaves some terms functional rather than precisely defined, for example "nearby" and the operational meaning of "drawn up to the boat." If there is uncertainty, contact AFMA for clarifications, or seek express authorisation where necessary. Because the Direction is a delegated instrument, AFMA is the relevant administrative body to approach for operational guidance and to seek authorisation under other plans where applicable.
Legal review for edge cases. For operations where fishing activity is likely to be near closure boundaries, obtain legal advice to interpret the Direction in the context of your concession conditions and any overlapping State or Territory authorisations. Ensure any reliance on "another plan of management" is documented and supported by explicit written authority.

By following these steps, concession-holders and their agents can align vessel navigation, gear handling and administrative practices with the Direction’s requirements, create an evidentiary record for compliance, and reduce the risk of operating inadvertently within a closed area.

Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021

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