EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fisheries Management (Northern Prawn Fishery Gear Requirements) Direction 2021
Legislative authority
Subsection 41A(2) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) may, after meeting consultation requirements as set out in subsection 41A(2), direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods. A copy of a direction made by AFMA under subsection 41A(2) must be sent to each holder of a fishing concession, scientific permit or foreign master fishing licence to which the direction relates (see subsection 41A(2A) of the Act).
Subsection 41A(2AA) of the Act provides that a direction under subsection 41A(2) in relation to a particular part of the fishery may identify the part concerned in any way or ways.
Subsection 41A(5) provides the Direction is a legislative instrument for the purposes of the Legislation Act 2003.
The Fishery
The Northern Prawn Fishery is an area of waters that extends from the coastline to the edge of the Australian Fishing Zone (200 nm offshore) north of Western Australia, the Northern Territory and Queensland in the Gulf of Carpentaria. Fishing in the Fishery is for prawns and four major ecologically related species (namely squid, scampi, bugs and scallops). There are two fishing seasons in the Fishery. The area of the Fishery overlaps the areas of a number of fisheries for other species that are managed by Queensland, Western Australia and the Northern Territory.
The Fishery is managed by limiting the amount of fishing effort under the Northern Prawn Fishery Management Plan 1995 (the Plan). These limitations are known commonly as input controls and are used in the Fishery to address both the biological and economic objectives of the Fishery. The specific types of inputs that are controlled in the Fishery are the amount of fishing time (limited by within the fishing seasons), the amounts and types of fishing equipment and the number of boats in the Fishery.
The Direction
The Direction repeals and replaces the Fisheries Management (Northern Prawn Fishery Gear Requirements) Direction 2020 to remove the Square Mesh Codend, Fisheye, and Radial Escape Section as approved BRDs in the Fishery and specifies the position where each of the approved BRDs must be installed in the net.
The Direction also makes it compulsory to use either the Kon’s Covered Fisheyes, FishEX 70, Popeye Fishbox (at 70 meshes from the codend drawstrings) or Tom’s Fisheye BRD when fishing in the tiger prawn season and any approved BRD at all other times.
The Direction also specifies the minimum dimensions of the Turtle Excluder Device, the degrees between which it can be positioned in the net, the measurements for the escape opening and the measurements for the flaps covering the escape opening, the attachment of floats and maximum bar spacing. It also prohibits the attachment of weights, meshing or other material that could prevent the opening of the escape flap.
The Direction now specifies the seven types of BRDs approved for use in the Northern Prawn Fishery. These are the “Square Mesh Panel”, the “Yarrow Fisheye”, the “Popeye Fishbox”, the “Kon’s Covered Fisheyes”, the “FishEX 70”, the “Tom’s Fisheye” and the “Popeye Fishbox (at 70 meshes from the codend drawstring)”. The specifications for each of these are outlined in Schedules 1 and 3 of the Direction.
Consultation
Consistent with subsection 41A(2) and section 17 of the Legislation Act 2003, AFMA consulted with both Northern Prawn Fishery Management Advisory Committee (NORMAC) and NPF Industry Pty Ltd (NPFI) regarding the removal of the above BRDs and specifying the position where each of the approved BRDs must be installed in the net prior to remaking the Direction. The change in authorised BRDs is the outcome of an industry initiative to reduce bycatch in the NPF by trialling innovative BRD types. NPFI informed AFMA that it supports the removal of the above BRDs and specifying the position where each of the approved BRDs must be installed in the net. In February 2021, NORMAC was informed of the proposed changes. Seven out of nine NORMAC members provided comments, all in support of the proposed changes. In February 2021, NORMAC and NPFI were sent a draft copy of the Direction.
NPFI is the peak industry body and represents approximately 95% of the concession holders in the Fishery. NPFI keep all concession holders in the Fishery informed on matters relating to the management of the Fishery. NPFI and NORMAC support the changes to BRD specifications and support the making of the Direction.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for this instrument as the proposal is considered unlikely to have a more than minor regulatory impact (OBPR reference 43821).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument is compatible with the human rights and freedoms under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Details of the Direction are set out below:
Section 1 Provides for the Direction to be cited as the Fisheries Management (Northern Prawn Fishery Gear Requirements) Direction 2021.
Section 2 Provides that the Direction commences on the 14th day after it is registered.
Section 3 Provides that the Direction is made under subsection 41A of the Fisheries Management Act 1991.
Section 4 Defines certain terms for the purpose of the Direction and provides that a term used in the Direction and in the Act has the meaning given in the Act, and a term used in the Direction and in the Plan has the meaning given in the Plan. The term ‘boat’ is defined under the Act, and for the purposes of the Direction. ‘Boat’ is defined in the Direction to mean a boat (as defined in the Act, but that also has the additional characteristics of being a boat) that is licensed to fish in the Northern Prawn Fishery.
Section 5 Provides the instrument that is specified in Schedule 4 to the Direction is repealed as set out in the applicable items in that Schedule.
Provides Schedules 1 to 3 to the Direction have effect according to their terms.
Section 6 States that 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.
Section 7 States that fishing must not be engaged in in the Fishery unless the nets used are fitted with the devices described by this Direction.
Schedule 1 Schedule 1 describes the bycatch reduction devices that can be used in the Fishery outside of the tiger prawn season and the positioning of such devices.
Schedule 2 Schedule 2 describes a modified turtle excluder device.
Schedule 3 Schedule 3 describes the bycatch reduction devices that can be used in the Fishery and the positioning of such devices.
Schedule 4 Schedule 4 repeals the Fisheries Management (Northern Prawn Fishery Gear Requirements) Direction 2020.
ATTACHMENT A