Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2022L01075 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 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 a fishing concession and scientific permit 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 Seasonal Closures) Direction 2021 (the Seasonal Closures Direction) is a direction made on 15 March 2021 under subsection 41A(2) after consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and notification to concession holders of the Northern Prawn Fishery (the Fishery). 

Subsection 41A(3) of the Management Act provides that AFMA may, at any time, vary or revoke a direction made under subsection 41A(2). Subsection 41(2B) also provides that in an emergency a direction may be given under subsection (2) without any consultation, provided a copy of the direction is sent to each holder of a fishing concession. However, AFMA has consulted with the Northern Prawn Fishing 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. AFMA has met the requirements of Subsection 41A(4) of the Management Act, which stipulates that AFMA must ensure a copy of the varied direction is sent to each concession holder in the relevant fishery as soon as possible.

The Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022 (the Amendment Direction) varies the Seasonal Closures Direction to provide for additional area closures for specified periods within the Fishery.

The Amendment Direction is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

Objectives

The Amendment Direction varies the Seasonal Closures Direction by providing for additional area closures for specified times within the fishery. Naturally high variability and environmental dependency of tiger prawn recruitment results in significant variations in stock availability from year to year.

While the 2022 tiger prawn stock assessment assessed the spawning stock size as above the biomass limit, it assessed it as below maximum economic and sustainable yield. Additionally, the results of the February 2022 recruitment surveys showed relatively poor abundances. These low levels of recruitment continued the low, or declining levels, of the previous couple of years. The early closure of the NPF fishing grounds is the most effective way of removing access to the tiger prawn fishery to protect tiger prawn stocks and maximise profits in the fishery.

Background on the Fishery

The Fishery is an area of waters that extends from the coastline to the edge of the Australian Fishing Zone (200 nautical miles 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. 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 within the fishing seasons), the amounts and types of fishing equipment and the number of boats.

Consultation

Variations made under subsection 41A(3) of the Management Act do not require AFMA to consult. However, consistent with section 17 of the Legislation Act, AFMA consulted with NPFI prior to making the Amendment Direction. NPFI supports the making of the Amendment Direction.

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

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 the Attachment A.

Direction

Details of the Amendment Direction are set out below:

Section 1 Provides that the name of the instrument is the Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022.

Section 2 Provides that the instrument commences on the day after registration on the Federal Register of Legislation.

Section 3 Provides that the instrument 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 amendments to the Fisheries Management (Northern Prawn Fishery Seasonal Closures) Direction 2021. 

Item 1 of

Schedule 1 Omits subsection 11(3) which is no longer applicable and replaces with an updated provision that provides that fishing is not to be engaged in the area defined in Schedule 1 of the fishery during the period commencing at 2200 hours UTC on 31 October 2022 and ending at 2200 hours UTC on 30 November 2022.

Item 2 of  

Schedule 1 Inserts subsection 11(4) which provides that fishing is not to be engaged in the area defined in Schedule 2 of the fishery during the period commencing at 2230 hours UTC on 31 October 2022 and ending at 2200 hours UTC on 30 November 2022.

 

ATTACHMENT A

Overview

The Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022 was enacted to address concerns regarding the sustainability of tiger prawn stocks in the Northern Prawn Fishery (NPF). This legislation is a variation of the 2021 Seasonal Closures Direction, made under the authority of the Australian Fisheries Management Authority (AFMA) pursuant to the Fisheries Management Act 1991. The policy objective behind the Amendment Direction is to provide for additional area closures for specified periods within the NPF, aiming to protect the tiger prawn stocks and maximize profits in the fishery. This measure responds to the naturally high variability and environmental dependency of tiger prawn recruitment, which has resulted in significant variations in stock availability over the years. By implementing these additional closures, AFMA seeks to mitigate the effects of the relatively poor abundances observed in the February 2022 recruitment surveys. The Amendment Direction varies the Seasonal Closures Direction by providing for additional area closures for specified times within the NPF, as outlined in Schedule 1. It is important to note that while variations made under subsection 41A(3) of the Management Act do not require AFMA to consult, AFMA has chosen to consult with the Northern Prawn Fishing Industry Pty Ltd (NPFI), the peak industry body representing approximately 95 per cent of the concession holders in the fishery. NPFI supports the making of the Amendment Direction. This consultation process ensures that the industry has a say in the decision-making process, and the views of the stakeholders are taken into account in the regulation of the fishery.

Scope and Application

The Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022 applies to the Northern Prawn Fishery (NPF) in Australian waters, specifically in the areas north of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria. This legislative instrument is enacted under the Fisheries Management Act 1991 and is issued by the Australian Fisheries Management Authority (AFMA) to regulate and manage the timing and areas of prawn fishing within the fishery. The amendment specifically addresses the seasonal closures to protect tiger prawn stocks and ensure sustainable fishing practices. The Amendment Direction is subject to consultation with the Northern Prawn Fishing Industry Pty Ltd (NPFI), which represents the majority of concession holders in the fishery. The Amendment Direction varies the existing Seasonal Closures Direction by introducing additional area closures for specified periods, reflecting the need to manage prawn stocks effectively in response to variable recruitment and stock assessments. This direction does not require consultation under subsection 41A(3) of the Management Act but was undertaken with NPFI to ensure industry alignment. The instrument's application is limited to the NPF and does not extend to other fisheries or regions outside the specified areas.

Key Provisions

The Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022 (Amendment Direction) is an amendment to the 2021 Seasonal Closures Direction under subsection 41A(3) of the Fisheries Management Act 1991 (Management Act). The Amendment Direction specifies additional area closures within the Northern Prawn Fishery (Fishery) for the specified period of 31 October 2022 to 30 November 2022. These closures are intended to protect the tiger prawn stocks and to ensure the economic sustainability of the fishery. Section 4 of the Amendment Direction gives effect to the changes outlined in Schedule 1, which details the specific areas and time frames for the closures. Under the Amendment Direction, fishing activities are prohibited in two distinct areas of the Fishery, as defined in Schedule 1 and Schedule 2 of the Direction. The first area, defined in Schedule 1, will be closed from 2200 hours UTC on 31 October 2022 to 2200 hours UTC on 30 November 2022. The second area, detailed in Schedule 2, will be closed from 2230 hours UTC on 31 October 2022 to 2200 hours UTC on 30 November 2022. These provisions are intended to provide additional protection for the tiger prawn stocks, especially given the recent recruitment survey results indicating relatively poor abundance. Holders of fishing concessions and scientific permits within the Fishery must comply with the Amendment Direction. Specifically, they are required to refrain from engaging in fishing activities within the specified areas and during the specified times as outlined in the Direction. The Australian Fisheries Management Authority (AFMA) must ensure that all concession and permit holders receive a copy of the Amendment Direction at least seven days before it takes effect. AFMA is also required to consult with the Northern Prawn Fishing Industry Pty Ltd (NPFI), the peak industry body representing approximately 95 per cent of the concession holders in the Fishery, before making such an amendment. Failure to comply with the provisions of the Amendment Direction may result in civil or criminal penalties under the Management Act. The exact penalties are not specified in the Amendment Direction itself, but generally, non-compliance with fishing regulations can result in significant fines and potential imprisonment. For instance, under section 41D of the Management Act, a person who engages in prohibited fishing activities can be subject to a fine of up to $330,000 for an individual and $1.65 million for a body corporate, as well as imprisonment for up to five years. Additionally, the Authority may impose administrative penalties, which can include fines of up to $11,000 for individuals and $55,000 for bodies corporate. These penalties underscore the importance of compliance with the seasonal closures to protect the fishery's resources and ensure its long-term sustainability.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.