MUD CRAB FISHERY MANAGEMENT PLAN 2006

NORTHERN TERRITORY OF AUSTRALIA MUD CRAB FISHERY MANAGEMENT PLAN 2006 As in force at 25 July 2018 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Application of Plan ........................................................................... 1 4 Objects of Plan ................................................................................ 1 5 Review of management of fishery ................................................... 2 Part 2 Interpretation 6 Definitions ........................................................................................ 3 7 Meaning of complying commercial holding cage ............................. 4 9 Meaning of complying float for complying commercial holding cage ................................................................................................. 5 10 Meaning of complying float for complying pot .................................. 5 11 Meaning of map ............................................................................... 6 Part 3 General controls 12 No fishing in non-tidal waters........................................................... 6 13 No taking or possession of berried female mud crab....................... 6 13A Float must be attached to gear ........................................................ 6 Part 4 Commercial fishing Division 1 Licensing, units of entitlement and nominated places 14 Limitations on licences .................................................................... 7 14A Unit of entitlement............................................................................ 7 14B Transfer of units............................................................................... 7 14C Termination of transfer .................................................................... 7 15 Nominated place.............................................................................. 8 Division 2 Controls on commercial fishing Subdivision 1 Application of Division 16 Division applies to licensees ............................................................ 8 -- 1 of 29 -- Mud Crab Fishery Management Plan 2006 ii Subdivision 2 Control relating to closed waters 17 No fishing in closed waters .............................................................. 8 Subdivision 3 Controls relating to taking, possession and processing of mud crabs 18 Mud crab less than minimum size not to be taken ........................... 8 19 Commercially unsuitable mud crab not to be taken ......................... 9 20 When licensee deemed not to have taken or have possession of mud crab...................................................................................... 9 21 Mud crab to be restrained ................................................................ 9 22 Mud crab to be left intact ................................................................. 9 23 Processing mud crab ....................................................................... 9 Subdivision 4 Other controls 24 Limit on use of vessels .................................................................. 10 25 Prohibition on use of fishing gear – fishing for mud crabs ............. 10 26 Permitted number of pots .............................................................. 11 27 Abandoning pot in water ................................................................ 11 28 Limit on number of pots in possession .......................................... 11 28A Use of escape vents in pots........................................................... 12 29 Use of complying commercial holding cages ................................. 12 30 Limit on possession of complying commercial holding cages ........ 13 31 Prohibition on use of fishing gear – fishing for bait ........................ 13 32 Certain fish not to be taken or possessed...................................... 13 33 Use of restricted bait net ................................................................ 14 34 Prohibition of possession of restricted bait net in certain area ....... 14 Part 5 Amateur fishing 37 Part applies to amateur fishers ...................................................... 15 38 Mud crabs less than minimum size not to be taken ....................... 15 39 Limit on number of mud crabs taken in a day ................................ 15 40 Limit on number of mud crabs in possession................................. 16 41 Prohibition on use of fishing gear .................................................. 17 42 Limit on number of pots in use....................................................... 17 Part 6 Miscellaneous matters 42A Mud crab to be left intact ............................................................... 17 43 Review after 5 years ...................................................................... 17 Part 7 Repeal of management plans 44 Repeals ......................................................................................... 18 Schedule 1 Coordinates for closed waters -- 2 of 29 -- Mud Crab Fishery Management Plan 2006 iii Schedule 2 Commercially unsuitable mud crabs Schedule 3 Mary River Fish Management Zone Schedule 4 Prohibited area for restricted bait net ENDNOTES -- 3 of 29 -- -- 4 of 29 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 25 July 2018 ____________________ MUD CRAB FISHERY MANAGEMENT PLAN 2006 Plan under the Fisheries Act 1988 Part 1 Preliminary matters 1 Citation This Plan may be cited as the Mud Crab Fishery Management Plan 2006. 2 Commencement This Plan comes into operation on 1 July 2010. 3 Application of Plan This Plan applies to the mud crab fishery declared under section 22 of the Act to be a managed fishery by notice published in Gazette G12 dated 28 March 1990 at page 3. 4 Objects of Plan The objects of this Plan are: (a) to manage the fishery resource, in accordance with the principles of ecologically sustainable development, to ensure the promotion of appropriate protection of: (i) the resource and its habitats; and (ii) by-product species and by-catch species; and (b) to maintain a stewardship of the fishery resource that promotes fairness, equity and access to the resource by all stakeholder groups, including: (i) indigenous people; and (ii) commercial operators; and (iii) amateur fishers; and -- 5 of 29 -- Part 1 Preliminary matters Mud Crab Fishery Management Plan 2006 2 (iv) others with an interest in the fishery resource of the Territory; and (c) to promote the optimum utilisation of the resource to the benefit of the community by a flexible approach to the management of the fishery resource and its habitats. Note for clause 4 The conduct of mud crab fishing is governed by this Plan and any other instrument made under the Act. 5 Review of management of fishery (1) The Director must review the management of the fishery if: (a) the total amount of mud crabs taken by licensees, or a stakeholder group, in a previous year decreases by at least 50%; or (b) the total amount of mud crabs taken by licensees, or a stakeholder group, in 2 consecutive years decreases by at least 10% each year; or (c) the total effort by licensees in 2 consecutive years increases by at least 10% each year; or (d) the median size of mud crabs taken by all fishers in 2 consecutive years decreases by at least 5 mm each year; or (e) the total amount of by-product species taken by licensees in consecutive years increases by at least 0.5 t; or (f) the total amount of by-catch species taken by licensees: (i) in a year increases by at least 50%; or (ii) in any 3 years increases by at least 100%; or (g) licensees, or officers or employees of Agencies and statutory authorities, identify a significant effect of the fishery on an ecosystem component, particularly a species or community listed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). (2) In conducting the review, the Minister must consult with stakeholder groups. -- 6 of 29 -- Part 2 Interpretation Mud Crab Fishery Management Plan 2006 3 Part 2 Interpretation 6 Definitions In this Plan: AGD 1966 means the Australian Geodetic Datum as defined in the Commonwealth Gazette No. 84 of 6 October 1966. berried female mud crab means a female mud crab on which eggs are visibly attached to the pleopods under the abdominal flap. by-catch species means a species of aquatic life taken but discarded by a licensee conducting operations for the purposes of a licence. by-product species means a non-target species of aquatic life taken and retained by a licensee conducting operations for the purposes of a licence. carapace, of a mud crab, means the large non-segmented piece of the hard external shell covering the dorsal and lateral parts of the crab. closed waters means the waters landward of a straight line connecting the coordinates stated in Schedule 1 for the waters stated in the Schedule. commercially unsuitable, for a mud crab, means: (a) for a female mud crab – the carapace at both points shown in Schedule 2 are flexible enough to move inwards and make an audible sound when pressed; or (b) for a male mud crab – both points shown in Schedule 2 can be pressed inwards. complying commercial holding cage , see clause 7. complying float for: (a) a complying commercial holding cage – see clause 9; or (b) a complying pot – see clause 10. complying pot means a complying marine pot or dilly pot. Note Definitions of complying marine pot and dilly pot are set out in regulation 4 of the Fisheries Regulations 1992. Those definitions apply to this Plan because of section 27(3) of the Act. -- 7 of 29 -- Part 2 Interpretation Mud Crab Fishery Management Plan 2006 4 excess pot means any pot in excess of the permitted number of pots. day means a 24 hour period starting at midnight. holding cage means a cage used, or designed for use, only to hold mud crabs on a temporary basis. licence means a Mud Crab Fishery licence. licensee means the holder of a licence, and includes a person assisting a licensee to conduct operations for the purposes of the licence. map , see clause 11. Mary River Fish Management Zone means the area described in Schedule 3. mud crab means a crab, or part of a crab, of the genus Scylla and includes, in relation to a mud crab: (a) an egg or larva; and (b) a dead body; and (c) a shell. nominated place, for a licensee, means the place nominated under clause 15 as the licensee's nominated place. permitted number, of pots, means the number of pots the licensee is permitted to use under the units of entitlement currently held by the licensee. prohibited area, for a restricted bait net, means the area stated in Schedule 4. unit of entitlement, in relation to pots, means an entitlement to use 30 complying pots. year means a period of 12 months starting at the beginning of any day of a calendar year. 7 Meaning of complying commercial holding cage A complying commercial holding cage is a holding cage that: (a) is constructed in a way that is not likely to cause aquatic life to become entangled in it; and -- 8 of 29 -- Part 2 Interpretation Mud Crab Fishery Management Plan 2006 5 (b) has an internal capacity of not less than 1 m 3 and not more than 2 m 3; and (c) has a minimum mesh size of 65 mm x 45 mm. 9 Meaning of complying float for complying commercial holding cage (1) A complying float for a complying commercial holding cage is a float that: (a) has a minimum diameter and length of 130 mm; and (b) is orange in colour; and (c) is marked legibly and indelibly with the licence number under which it is used in Arabic numerals and no other number. (2) Without limiting subclause (1)(c), a float may be marked by: (a) incising the number into it; or (b) painting the number onto it with waterproof paint. (3) The marking must be made in a way that the licence number can be easily read at all times. 10 Meaning of complying float for complying pot (1) A complying float for a complying pot is a float that: (a) has a minimum diameter and length of 100 mm; and (b) is marked legibly and indelibly: (i) if the pot to which it is attached is used as part of a vessel's registration – with the unit of entitlement number in Arabic numerals and no other number; or (ii) if the pot to which it is attached is amateur fishing gear – with the full name and telephone number of the person using the gear; and (c) is attached to a pot with a line that has a minimum diameter of 6 mm; and (d) is specifically designed as a buoy. (2) Without limiting subclause (1)(b), a float may be marked by: (a) incising the number or name into it; or -- 9 of 29 -- Part 3 General controls Mud Crab Fishery Management Plan 2006 6 (b) painting the number or name onto it with waterproof paint. (3) The marking must be made in a way that the number or name can be easily read at all times. 11 Meaning of map A map mentioned in this Plan is a map that is part of the National Topographic Map Series Australia 1:100 000, AGD 1966. Part 3 General controls 12 No fishing in non-tidal waters A person must not fish for mud crabs in waters that are not subject to tidal influence. Maximum penalty: 85 penalty units. 13 No taking or possession of berried female mud crab (1) A person must not take or have possession of a berried female mud crab. Maximum penalty: 40 penalty units. (2) For subclause (1), a person must not be regarded as having taken a mud crab if, immediately after its capture, the person returns it to the place from which it was captured with as little injury to it as possible. 13A Float must be attached to gear (1) This clause applies to a person who is using a pot to fish for mud crabs or a holding cage to hold mud crabs. (2) The person commits an offence if at any time while the pot or holding cage is in use: (a) a complying float is not attached to the pot or cage; or (b) the float is not above water level. Maximum penalty: 40 penalty units. -- 10 of 29 -- Part 4 Commercial fishing Division 1 Licensing, units of entitlement and nominated places Mud Crab Fishery Management Plan 2006 7 Part 4 Commercial fishing Division 1 Licensing, units of entitlement and nominated places 14 Limitations on licences (1) The Director must not issue more than 49 licences. (2) However, if a licence is cancelled or not renewed, the number of licences the Director may issue is reduced by one. (3) It is a condition of each licence that the licensee must not take mud crabs under the licence if less than 2 units of entitlement are attached to the licence at the time. Example for subclause (3) Under clause 14B, a licensee can transfer one or both of the units of entitlement that are attached to the licence. If one unit is transferred, the licensee must not fish for mud crabs under the licence until the transferred unit reverts to the licensee or the licensee takes a transfer of another unit from another licensee. 14A Unit of entitlement Subject to a transfer of a unit of entitlement under clause 14B, 2 units of entitlement attach to each licence. 14B Transfer of units (1) A unit of entitlement is transferable, but only to a person who holds a licence (including a licence held under a temporary transfer). (2) A transfer must be for a period not less than 30 days. (3) An application for transfer must be made to the Director in the approved form. (4) A transfer is not effective until the Director has approved the transfer in writing. 14C Termination of transfer A transfer of a unit of entitlement terminates on the earlier of the following: (a) the date shown on the application for transfer as the expiry date of the transfer; (b) the date on which the transferee ceases to hold a licence; -- 11 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 3 Controls relating to taking, possession and processing of mud crabs Mud Crab Fishery Management Plan 2006 8 (c) the end of the financial year in which the transfer took effect. 15 Nominated place (1) The holder of a licence must nominate one place as the licensee's nominated place for this Plan. (2) The nomination must be made to the Director in the form approved by the Director. (3) The holder of the licence must not nominate a vessel, or a part of a vessel, that is used to fish for mud crabs as a nominated place. (4) In this clause: licensee means the holder of a licence. Division 2 Controls on commercial fishing Subdivision 1 Application of Division 16 Division applies to licensees This Division applies to a licensee conducting operations for the purposes of a licence. Subdivision 2 Control relating to closed waters 17 No fishing in closed waters A licensee must not fish in closed waters. Maximum penalty: 85 penalty units. Subdivision 3 Controls relating to taking, possession and processing of mud crabs 18 Mud crab less than minimum size not to be taken A licensee must not take or have possession of a mud crab that is less than: (a) for a female – 150 mm across the widest part of its carapace; or (b) for a male – 140 mm across the widest part of its carapace. Maximum penalty: 40 penalty units. -- 12 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 3 Controls relating to taking, possession and processing of mud crabs Mud Crab Fishery Management Plan 2006 9 19 Commercially unsuitable mud crab not to be taken A licensee must not take or have possession of a mud crab that is commercially unsuitable. Maximum penalty: 40 penalty units. 20 When licensee deemed not to have taken or have possession of mud crab For clauses 18 and 19, a licensee must not be regarded as having taken or had possession of a mud crab if the licensee, before the licensee returns to the licensee's nominated place, returns the mud crab: (a) to the water as soon as practicable (but not within 200 m of the nominated place); and (b) with as little injury to the mud crab as possible. 21 Mud crab to be restrained A licensee must, before placing a mud crab in a holding cage or at the licensee's nominated place, restrain the crab so that its chelipeds (limbs with claws or chela) are firmly restrained against its body and minimal movement of the cheliped between the carpus and merus (elbow joint) is possible. Maximum penalty: 40 penalty units. 22 Mud crab to be left intact A licensee must ensure the carapace and abdomen of a mud crab taken by the licensee remain intact: (a) while it is held in a holding cage of the licensee or kept at the licensee's nominated place; or (b) until it is sold by the licensee. Maximum penalty: 40 penalty units. 23 Processing mud crab (1) A licensee must not process a mud crab for sale other than by cooking, freezing or chilling. Maximum penalty: 40 penalty units. (2) Subclause (1) does not apply to the processing of a mud crab on the premises of a person licensed to buy and sell fish. -- 13 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 4 Other controls Mud Crab Fishery Management Plan 2006 10 Subdivision 4 Other controls 24 Limit on use of vessels (1) A licensee must not use more than one vessel to catch, take or harvest mud crabs. Maximum penalty: 85 penalty units. (2) However, subclause (1) does not apply to a licensee's use of a vessel: (a) in accordance with an approval given under subclause (3); or (b) at the licensee's nominated place. (3) On written application, the Director may give approval to a licensee to use more than one vessel to catch, take or harvest mud crabs. (4) The approval must be in writing and may be given on the conditions the Director considers appropriate. (5) For the definition prescribed decision in section 4 of the Act, the Director's decision on an application under subclause (3) is a prescribed provision. (6) The licensee must keep the approval, or a copy of it, on the vessel. Maximum penalty: 40 penalty units. 25 Prohibition on use of fishing gear – fishing for mud crabs A licensee must not use fishing gear for fishing for mud crabs other than: (a) a complying pot to take a mud crab; or (b) a complying commercial holding cage to hold a mud crab. Maximum penalty: 40 penalty units. -- 14 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 4 Other controls Mud Crab Fishery Management Plan 2006 11 26 Permitted number of pots A licensee must not use more than the permitted number of pots to fish for mud crabs. Maximum penalty: For a contravention involving the use of not more than 10 excess pots – 40 penalty units. For a contravention involving the use of more than 10 excess pots – 170 penalty units. 27 Abandoning pot in water (1) A licensee must not abandon a pot in water. Maximum penalty: 40 penalty units. (2) For subclause (1), a licensee is taken to have abandoned a pot if the licensee leaves the pot in water unattended for more than 48 hours. (3) However, subclause (1) does not apply if: (a) before the end of the 24 hours, the licensee informs the Director: (i) the licensee is unable to remove the pot from the water; and (ii) the reasons why the licensee is unable to remove the pot from the water; and (iii) details of the location of the pot; and (iv) when the licensee will remove the pot from the water; and (b) the Director gives instructions to the licensee about the removal of the pot; and (c) the licensee complies with the instructions. 28 Limit on number of pots in possession (1) A licensee must not have possession of more than the permitted number of pots while fishing for mud crabs. Maximum penalty: 40 penalty units. -- 15 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 4 Other controls Mud Crab Fishery Management Plan 2006 12 (2) However, a licensee does not commit an offence against subclause (1) only because the licensee has possession of: (a) excess pots at the licensee's permanent residence; or (b) not more than 30 excess pots in total, either at the licensee's nominated place or in transit, by the most practicable direct route, between the licensee's permanent residence and the licensee's nominated place. (3) If a licensee has a second vessel that is not used to catch, take or harvest mud crabs, the licensee must not have possession of more than 15 spare pots on the vessel. Maximum penalty: 40 penalty units. (4) In this clause: spare pot means any pot that does not have entrance funnels installed and does not have a complying float attached. 28A Use of escape vents in pots A licensee must not use a pot made of wire, steel or other rigid material unless the pot has one or more escape vents as follows: (a) if the pot has one escape vent – the vent is not less than 46 mm in height and 240 mm in width; (b) if the pot has 2 or more escape vents – each vent is not less than 46 mm in height and 120 mm in width. Maximum penalty: 40 penalty units. 29 Use of complying commercial holding cages (1) This clause prescribes requirements for a licensee's use of a complying commercial holding cage. (2) The licensee must keep the holding cage: (a) in water within 200 m of the licensee's nominated place; and (b) in a place that does not pose a hazard to vessels navigating the water. Maximum penalty: 17 penalty units. -- 16 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 4 Other controls Mud Crab Fishery Management Plan 2006 13 (3) The licensee must not keep a mud crab in the holding cage for more than 7 days. Maximum penalty: 17 penalty units. (4) The licensee must not feed a mud crab in the holding cage. Maximum penalty: 17 penalty units. 30 Limit on possession of complying commercial holding cages A licensee must not have possession of complying commercial holding cages that have a total internal capacity of more than 4 m 3. Maximum penalty: 17 penalty units. 31 Prohibition on use of fishing gear – fishing for bait (1) A licensee may only use the following fishing gear to take fish for use by the licensee as bait for fishing for mud crabs: (a) a restricted bait net; (b) a cast net; (c) a scoop net; (d) a hook and line. (2) A licensee who contravenes subclause (1) commits an offence. Maximum penalty: 40 penalty units. 32 Certain fish not to be taken or possessed A licensee must not take or have possession of the following species: (a) barramundi; (b) black jewfish; (c) golden snapper; (d) Spanish mackerel; (e) king threadfin. Maximum penalty: 40 penalty units. -- 17 of 29 -- Part 4 Commercial fishing Division 2 Controls on commercial fishing Subdivision 4 Other controls Mud Crab Fishery Management Plan 2006 14 33 Use of restricted bait net (1) This clause prescribes requirements for a licensee's use of a restricted bait net. (2) The licensee must not use the restricted bait net other than in the area extending seaward from the coast from the high water mark to a line following the coastline 3 nautical miles from the low water mark. Maximum penalty: 40 penalty units. (3) Despite subclause (2), the licensee must not use the restricted bait net in: (a) the part of the Mary River Fish Management Zone in the area mentioned in subclause (2); or (b) the prohibited area for a restricted bait net. Maximum penalty: 40 penalty units. (4) The licensee must not use the restricted bait net unless: (a) it is not fixed, anchored or staked or it is fixed, anchored or staked at one end only and the other end is hauled by hand or a vessel: (i) to which it is attached; and (ii) that is not anchored or fixed; and (b) it is in not less than 30 cm of water when a catch is being cleared; and (c) it is not left unattended while in use. Maximum penalty: 40 penalty units. 34 Prohibition of possession of restricted bait net in certain area (1) A licensee must not have possession of a restricted bait net in the prohibited area for a restricted bait net. Maximum penalty: 40 penalty units. (2) However, subclause (1) does not apply to a licensee's possession of a restricted bait net: (a) in accordance with an approval given under subclause (3); or -- 18 of 29 -- Part 5 Amateur fishing Mud Crab Fishery Management Plan 2006 15 (b) on a road between Borroloola and Bing Bong. (3) On written application, the Director may give approval to a licensee to have possession of a restricted bait net in the prohibited area. (4) The approval must be in writing and may be given on the conditions the Director considers appropriate. (5) For the definition of prescribed decision in section 4 of the Act, the Director's decision on an application under subclause (3) is a prescribed provision. (6) The licensee must keep the approval, or a copy of it, in the proximity of the restricted bait net while in the prohibited area. Maximum penalty: 40 penalty units. Part 5 Amateur fishing 37 Part applies to amateur fishers This Part applies to a person carrying out amateur fishing. 38 Mud crabs less than minimum size not to be taken (1) A person must not take or have possession of a mud crab that is less than: (a) for a female – 140 mm across the widest part of its carapace; or (b) for a male – 130 mm across the widest part of its carapace. Maximum penalty: 40 penalty units. (2) For subclause (1), a person is deemed not to have taken or have possession of a mud crab if, as soon as practicable after its capture and the end of the time that is reasonably necessary to enable it to be measured, the person returns it to the place from which it was captured with as little injury to it as possible. 39 Limit on number of mud crabs taken in a day A person must not fish for mud crabs on any one day if the person has previously taken 10 mud crabs on that day. Maximum penalty: 40 penalty units. -- 19 of 29 -- Part 5 Amateur fishing Mud Crab Fishery Management Plan 2006 16 40 Limit on number of mud crabs in possession (1) Subject to subclause (3), a person must not have possession of more than 10 mud crabs other than at the person's permanent residence. Maximum penalty: For possession of 11 to 20 crabs – 40 penalty units and, in addition, $50 for each crab in excess of 10. For possession of 21 or more crabs – 85 penalty units and, in addition, $50 for each crab in excess of 20. (2) In determining the number of mud crabs in a person's possession for subclause (1), a mud crab lawfully acquired from a licensee and for which the person has a receipt or other proof of acquisition must be disregarded. (3) A person who has possession of more than 10 mud crabs does not commit an offence against subclause (1) if the person: (a) establishes he or she is a member of a fishing party; and (b) no member of the party would be in contravention of subclause (1) if the mud crabs were apportioned as equally as possible among the members of the party who are present or able to be assembled in a short period of time. (4) If: (a) the members of a fishing party have possession of more than 10 mud crabs; and (b) each person who is a member of the party would have possession of more than 10 mud crabs in contravention of subclause (1) if the mud crabs in their possession were apportioned as equally as possible among the members of the party; and (c) it is not readily ascertainable which person has possession of the crabs, each of the persons is, for subclause (1), taken to have possession of all the mud crabs. (5) If: (a) there are more than 3 persons in or on a vessel; and -- 20 of 29 -- Part 6 Miscellaneous matters Mud Crab Fishery Management Plan 2006 17 (b) there are more than 30 mud crabs in or on the vessel, each of the persons is, for subclause (1), taken to have possession of all the mud crabs. (6) In determining the number of mud crabs in or on a vessel for subclause (5)(b), a mud crab lawfully acquired from a licensee and for which a person on the vessel has a receipt or other proof of acquisition must be disregarded. (7) In this clause: licensee means the holder of a Mud Crab Fishery licence, Fish Trader/Processor licence, Fish Retailer licence or Aquaculture licence. 41 Prohibition on use of fishing gear A person must not fish for mud crabs other than by hand or by using a complying pot, dilly pot, hand-spear, hand-held hook, hook and line, scoop-net, cast-net or amateur drag net. Maximum penalty: 40 penalty units. 42 Limit on number of pots in use A person must not use more than 5 pots to fish for mud crabs. Maximum penalty: 40 penalty units. Part 6 Miscellaneous matters 42A Mud crab to be left intact A person must ensure the carapace and abdomen of a mud crab taken by the person remain intact unless: (a) it is being used for immediate consumption; or (b) it is at the person's place of permanent residence. Maximum penalty: 40 penalty units. 43 Review after 5 years (1) The Minister must review the first 5 years of operation of this Plan. (2) In conducting the review, the Minister must consult with stakeholder groups. -- 21 of 29 -- Part 7 Repeal of management plans Mud Crab Fishery Management Plan 2006 18 Part 7 Repeal of management plans 44 Repeals The following management plans are repealed: (a) Mud Crab Fishery Management Plan 1991 made on 24 January 1991 and published in Gazette S5 on 31 January 1991; (b) amendments of the Mud Crab Fishery Management Plan 2006 made on 2 April 1993 and notified in Gazette S35 on 5 April 1993; (c) amendments of the Mud Crab Fishery Management Plan 1995 (No. 38 of 1995) made on 14 November 1995 and notified in Gazette G48 on 29 November 1995. -- 22 of 29 -- Schedule 1 Coordinates for closed waters Mud Crab Fishery Management Plan 2006 19 Schedule 1 Coordinates for closed waters clause 6, definition closed waters Buffalo Creek Coordinates: Map Sheet: Darwin 5073 7073 E 86353 N to 7077 E 86351 N Micket Creek Coordinates: Map Sheet: Darwin 5073 7115 E 86344 N to 7119 E 86342 N Port of Darwin Coordinates: Map Sheet: Darwin 5073 6919 E 86236 N to 7059 E 86360 N South Alligator River Coordinates: Map Sheet: Field Island 5373 2116 E 86498 N to 2213 E 86554 N West Alligator River Coordinates: Map Sheet: Field Island 5373 2032 E 86468 N to 2050 E 86472 N Wildman River Coordinates: Map Sheet: Field Island 5373 1804 E 86378 N to 1811 E 86384 N Howard River Coordinates: Map Sheet: Koolpinyah 5173 7208 E 86324 N to 7219 E 86329 N King Creek Coordinates: Map Sheet: Koolpinyah 5173 7181 E 86332 N to 7183 E 86330 N 7190 E 86325 N to 7194 E 86325 N Leaders Creek Coordinates: Map Sheet: Koolpinyah 5173 7301 E 86527 N to 7301 E 86534 N -- 23 of 29 -- Schedule 2 Commercially unsuitable mud crabs Mud Crab Fishery Management Plan 2006 20 Schedule 2 Commercially unsuitable mud crabs clause 6, definition commercially unsuitable Female in top figure and male in bottom figure -- 24 of 29 -- Schedule 3 Mary River Fish Management Zone Mud Crab Fishery Management Plan 2006 21 Schedule 3 Mary River Fish Management Zone clause 6, definition Mary River Fish Management Zone All that part of the Territory bounded by a line: (a) to the south by the northern boundary of the Arnhem Highway; and (b) to the east by the westernmost part of the Point Stuart Road commencing at its junction with the Arnhem Highway northwards to its junction with the road to the Old Point Stuart Homestead and then by the westernmost part of that road to the site of the Old Point Stuart Homestead at grid reference 8060 E 86324 N map 5273 Point Stuart and then by an imaginary line drawn due north from that reference point to the low water mark in Chambers Bay and then westerly along the low water mark to a point on the low water mark (that may be indicated by a marker), being a point 3 km east in a straight line from the northernmost part of the eastern bank of the mouth of Sampan Creek and then due north for 3 nautical miles; and (c) to the west by the right side of the formed road known as the Old Wildbore Station Road commencing at its junction with the Arnhem Highway at about grid reference 7725 E 85871 N map 5272 Mary River, then north to grid reference 7766 E 86047 N map 5272 Mary River, then east to grid reference 7813 E 86044 N map 5272 Mary River, then generally north to the road's end at grid reference 7858 E 86216 N map 5273 Point Stuart and then by an imaginary line drawn from that reference point due north to the low water mark in Chambers Bay and then easterly along the low water mark to a point on the low water mark (that may be indicated by a marker), being a point 3 km west in a straight line from the northernmost part of the western bank of the mouth of Tommycut Creek and then due north for 3 nautical miles; and (d) to the north by a line drawn between the seaward ends of the eastern and western boundaries mentioned in paragraphs (b) and (c) which runs along the shore and river mouths of Chambers Bay at low water, and includes the Mary River upstream of the Mary River Bridge on the Arnhem Highway for approximately 6 km until the river braids at about grid reference 7916 E 86688 N map 5272 Mary River, and also includes the boat ramp immediately south of the bridge and the parking and camping areas adjacent to the boat ramp, but does not -- 25 of 29 -- Schedule 3 Mary River Fish Management Zone Mud Crab Fishery Management Plan 2006 22 include any permanent residence or the buildings and grounds and immediately adjacent parking areas of the Annaburroo Roadhouse (also known as the Bark Hut Inn) on the Arnhem Highway and being that part of the Territory as shown edged in red on the map held in the head office of the Fisheries Group of the Agency responsible for the administration of this Plan. -- 26 of 29 -- Schedule 4 Prohibited area for restricted bait net Mud Crab Fishery Management Plan 2006 23 Schedule 4 Prohibited area for restricted bait net clause 6, definition prohibited area All that part of the Territory bounded by a line: (a) commencing on the western side of Bing Bong Creek at grid reference 6410 E 82759 N (Sheet 6166 Edition 1 Bing Bong) then due north to a point 3 nautical miles past the straight baselines surrounding the Sir Edward Pellew Group then easterly and southerly parallel to the straight line baseline to within 3 nautical miles of the coast at low water mark then south-easterly along the coast 3 nautical miles from the low water mark to the border of the Territory with Queensland; and (b) from there to the east commencing at a point along the border of the Territory with Queensland 3 nautical miles from the low water mark then south to a point where the border intersects the northern side of the Carpentaria Highway near Wollogorang at grid reference 8191 E 80944 N (Sheet 6463 Edition 1 Wollogorang); and (c) from there to the south commencing at a point where the border intersects the northern side of the Carpentaria Highway at grid reference 8191 E 80944 N (Sheet 6463 Edition 1 Wollogorang) then in a north-westerly direction towards the township of Borroloola to the turn off from the Carpentaria Highway to Borroloola at grid reference 6394 E 82207 N (Sheet 6165 Edition 1 Borroloola); and (d) from there to the west in a north, north-westerly direction from grid reference 6394 E 82207 N (Sheet 6165 Edition 1 Borroloola) to the Blue Lagoon Yard at grid reference 6238 E 82498 N (Sheet 6166 Edition 1 Bing Bong) then northeast back to the point of commencement at the western side of Bing Bong Creek at grid reference 6410 E 82759 N (Sheet 6166 Edition 1 Bing Bong). -- 27 of 29 -- ENDNOTES Mud Crab Fishery Management Plan 2006 24 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Mud Crab Fishery Management Plan (SL No. 12, 2006) Notified 26 April 2006 Commenced 1 May 2006 (cl 2) Mud Crab Fishery Management Plan Amendment 2010 (SL No. 9, 2010) Notified 30 June 2010 Commenced 1 July 2010 (cl 2) Mud Crab Fishery Management Plan Amendment 2012 (SL No. 7, 2012) Notified 8 February 2012 Commenced 13 February 2012 (cl 2 and r 2 Fisheries Amendment (Fishing Gear and Amateur Fishing) Regulations 2012 (SL No. 3, 2012)) Mud Crab Fishery Management Plan Amendment 2017 (SL No. 4, 2017) Notified 22 March 2017 Commenced 22 March 2017 Mud Crab Fishery Management Plan Amendment 2018 (SL No. 21, 2018) Notified 25 July 2018 Commenced 25 July 2018 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: cl 1, 6 and 44. -- 28 of 29 -- ENDNOTES Mud Crab Fishery Management Plan 2006 25 4 LIST OF AMENDMENTS cl 4 amd No. 21, 2018, cl 4 cl 6 amd No. 9, 2010, cl 4; No. 7, 2012, cl 4; No. 4, 2017, cl 3 cl 7 sub No. 7, 2012, cl 5 cl 8 rep No. 7, 2012, cl 5 cl 9 amd No. 7, 2012, cl 8 cl 10 and No. 9, 2010, cl 5; No. 7, 2012, cl 8; No. 21, 2018, cl 5 cl 11 amd No. 7, 2012, cl 8 cl 12 – 13 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8 cl 13A ins No. 7, 2012, cl 6 pt 4 div 1 hdg amd No. 9, 2010, cl 6 cl 14 amd No. 9, 2010, cl 7 cl 14A – 14C ins No. 9, 2010, cl 8 cl 17 amd No. 9, 2010, cl 19; No. 7, 2012, cl 8 cl 18 amd No. 9, 2010, cl 19; No. 7, 2012, cl 8; No. 4, 2017, cl 4 cl 19 amd No. 9, 2010, cl 10; No. 7, 2012, cl 8; No. 4, 2017, cl 5 cl 20 sub No. 21, 2018, cl 6 cl 21 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8; No. 21, 2018, cl 7 cl 22 – 23 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8 pt 4 div 2 subdiv 4 hdg sub No. 4, 2017, cl 6 cl 24 – 25 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8 cl 26 sub No. 9, 2010, cl 11 amd No. 7, 2012, cl 8; No. 4, 2017, cl 7 cl 27 amd No. 9, 2010, cl 12; No. 7, 2012, cl 8 cl 28 sub No. 9, 2010, cl 13 amd No. 7, 2012, cl 8; No. 21, 2018, cl 8 cl 28A ins No. 21, 2018, cl 9 cl 29 – 30 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8 cl 31 amd. No. 9, 2010, cl 14; No. 7, 2012, cl 8; No. 4, 2017, cl 8 cl 32 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8; No. 4, 2017, cl 9 cl 33 – 34 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8 pt 4 div 3 hdg rep No. 4, 2017, cl 10 cl 35 sub No. 9, 2010, cl 15 rep No. 4, 2017, cl 10 cl 36 amd No. 9, 2010, cl 16 rep No. 4, 2017, cl 10 cl 38 – 39 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8 cl 40 amd No. 7, 2012, cl 8 cl 41 amd No. 9, 2010, cl 18; No. 7, 2012, cl 8; No. 21, 2018, cl 10 cl 42 amd No. 9, 2010, cl 18 sub No. 7, 2012, cl 7 cl 42A ins No. 21, 2018, cl 11 pt 8 hdg ins No. 9, 2010, cl 17 rep No. 4, 2017, cl 10 cl 45 ins No. 9, 2010, cl 17 rep No. 4, 2017, cl 10 sch 1 – 4 amd No. 7, 2012, cl 8 -- 29 of 29 --