EXPLANATORY STATEMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Amendment Direction No. 1 2022
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (AFMA) may, after consultation with the Management Advisory Committee for the Fishery, direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods. Prior to making such a direction, AFMA must ensure that each holder of the fishing concession in the relevant fishery is provided with a copy of the direction seven (7) days before that direction takes effect.
Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Direction 2021 is a direction made under subsection 41A(2) after consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and notification to Northern Prawn Fishery concession holders.
Subsection 41A(3) of the Management Act provides that AFMA may, at any time, vary or revoke a direction made under subsection 41A(2). Any variation direction under subsection 41A(3) is not made subject to the Management Advisory Committee consultation process and concession holder notification process, as is required for a subsection 41A(2) direction.
The Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Amendment Direction No. 1 2022 (the Amendment Direction) varies the Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Direction 2021 (Limited-take and Prohibited-take Species Direction) by varying the instrument to:
- prohibit further targeted fishing for scampi until 2230 hours UTC on 30 November 2022 in accordance with the Northern Prawn Fishery Harvest Strategy.
The Amendment Direction is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
Objectives
The Amendment Direction varies Limited-take and Prohibited-take Species Direction by adding a provision that prohibits fishing for scampi species until 2230 hours UTC on 30 November 2022.
The Northern Prawn Fishery Harvest Strategy requires fishing for scampi to cease when catch levels reach specified trigger values (30 tonnes for the 12-month period beginning 1 December 2021). This trigger has been reached during fishing in July 2022. In accordance with the Harvest Strategy, scampi fishing can resume again at 2230 hours UTC on 30 November 2022.
Background on 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.
Consultation
Variations made under subsection 41A(3) of the Act do not require AFMA to consult. However, consistent with section 17 of the Legislation Act, AFMA consulted with the Northern Prawn Fishery Industry Pty Ltd (NPFI) prior to making the Amendment Direction. NPFI is the peak industry body and represents approximately 95 per cent of the concession holders in the Fishery. NPFI keeps all concession holders in the Fishery informed on matters relating to the management of the Fishery. NPFI supports the changes to prohibit scampi fishing until 2230 hours UTC on 30 November 2022.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for this instrument, consistent with the carve-out agreement with AFMA (OBPR reference 14421) for instruments of a minor or machinery nature.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Chief Executive Officer of AFMA, as the relevant rule-maker, has assessed this legislative instrument under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as compatible with human rights. A full statement of compatibility is included in the Attachment.
Direction
The details of the Amendment Direction are set out below:
Section 1 Provides for the Direction to be cited as the Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Amendment Direction No. 1 2022.
Section 2 Provides that the Direction commences on the day after registration on the Federal Register of Legislation.
Section 3 Provides that this Direction is made under subsection 41A(3) of the Fisheries Management Act 1991.
Section 4 Gives effect to Schedule 1.
Schedule 1 Schedule 1 outlines the variations to Limited-take and Prohibited-take Species Direction.
Clause 1 Amendment to paragraph 8(g) of Limited-take and Prohibited-take Species Direction which, in effect, provides that concession holders in the NPF may not fish for scampi until 2230 hours UTC on 30 November 2022.
ATTACHMENT A