North West Slope Fishery Direction No. 02 - Area Closure

Administered by Department of Agriculture

Legislation au F2009L03842 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

North West Slope Fishery (Partial Area Closure) Direction No. 02.

 

Section 41A of the Fisheries Management Act 1991 (FM Act) provides that AFMA may direct that fishing not be engaged in a fishery, or part of a fishery, for a specified period, if after consultation AFMA is satisfied that such a direction is necessary in pursuit of its objectives. Section 41A only applies to fisheries not subject to a plan of management.

The North West Slope Fishery

The North West Slope Fishery (the Fishery) extends from a western boundary of longitude 114°E to an eastern boundary of approximately 125°E, extending seaward from a boundary approximating the 200m isobath. There are no seasons in the Fishery, although traditionally it is fished during periods when the Northern Prawn Fishery is closed. Historically, the Fishery has been primarily for scampi and deepwater prawns with some finfish taken.

The Fishery is managed by limiting the amount of fishing effort. These limitations are known generically as input controls and are used to address both biological and economic objectives. The specific types of inputs that are controlled are the number of boats and the gear specifications of those boats. These inputs are managed through the grant of fishing permits and conditions specified in such permits. No plan of management has been determined for the Fishery.

In 2007, AFMA was alerted to fishing activity in the northeast corner of the Fishery, in an area that is less than 200 metres in depth which resulted in high catches of finfish, including goldband snapper and red emperor. Information provided to AFMA by the Western Australia Department of Fisheries (DoF) shows that these two species groups are already heavily fished by State fishers. According to the Western Australia DoF, in 2008, landings of these species exceeded acceptable limits.

Following consultation, AFMA considers that a short-term partial closure of the Fishery in the north east corner is necessary in pursuit of its legislative objectives as:

 the stocks of red emperor and goldband snapper in the area are considered to be below acceptable levels by Fisheries WA. AFMA considers that additional pressure by Commonwealth operators on these stocks is not ecologically sustainable in the absence of appropriate trigger limits.

 An area closure is the most effective method to reduce fishing mortality of these overfished stocks by prohibiting fishing in the area of concern whilst AFMA develops trigger limits in consultation with WA fisheries.

The North West Slope Fishery (Partial Area Closure) Direction No. 02 (the Direction) implements an area closure in the northeast corner of the Fishery in the area that is less than 200 metres in depth. The partial area closure applies to all persons who are entitled to fish in the Fishery and will expire on 31 December 2010. To address long-term sustainability risks to the snapper species in this part of the Fishery, AFMA will implement trigger limits to restrict total catch once the closure lapses if the Offshore Constitional settlement has not been amended to more accurately reflect the 200m isobath. The geographical coordinates of the closure are expressed in terms of the World Geodetic System 1984 (WGS84). WGS84 is the datum adopted for use on hydrographic charts. As mariners are familiar with its use, it is a popular choice for describing maritime boundaries and was therefore considered appropriate for this Direction by Geoscience Australia.

 

 

 

Consultation

In accordance with section 41A(2) of the FM Act, AFMA is required to consult with the management advisory committee for the Fishery and all holders of fishing permits, scientific permits, foreign fishing licences or foreign master fishing licences entitling the holders to participate in the Fishery. The Fishery is a limited entry Fishery.  There are a total of seven fishing permits entitled to participate in the Fishery.

As the Western Trawl Fisheries Management Advisory Committee (WestMAC) was disbanded on 30 June 2009, AFMA consulted with the western trawl fisheries consultative panel that replaced WestMAC.  The consultative panel includes a research member, a State government member and four industry members.

AFMA also wrote to all fishing permit holders outlining the proposed measures and inviting them to make submissions within a ten (10) day period. Three submissions were received asking AFMA to reconsider the area closure and to consider implementing trigger limits.

AFMA considered all submissions received and giving due regard to the precautionary principle referred to in Section 3(1)(b) of the Fisheries Management Act 1991, decided that an area closure is necessary to immediately limit fishing mortality by prohibiting fishing in the area of concern whilst catch sharing arrangements, such as trigger limits are developed.

 

Regulatory Impact Statement

The Office of Best Practice Regulation (OBPR) have advised that a Regulation Impact Statement was not required for the Direction (OBPR ID #10766).

Details of Direction are set out below.

Clause 1 provides for the Direction to be cited as North West Slope Fishery (Partial Area Closure) Direction No. 02.

Clause 2 provides that the Direction will commence the day it is registered.

Clause 3 provides that the Direction applies to persons engaged in fishing in the Fishery.

Clause 4  provides that the Direction applies from the date it commences until it is revoked or 31 December 2010.

Clause 5 defines terms specific to the Direction and defines the geographic coordinate system used to establish the closure.

Clause 6 provides that commercial fishing is prohibited in the area specified in Schedule 1.

Schedule 1 defines the part of the Fishery that is the subject of the partial area closure.

Overview

The Fisheries Management Act 1991, enacted by the Parliament of Australia, provides the legislative framework for the management and regulation of fisheries within Australian waters. This Act empowers the Australian Fisheries Management Authority (AFMA) to implement measures to ensure sustainable fishing practices and the conservation of fish stocks. The North West Slope Fishery (Partial Area Closure) Direction No. 02, issued under Section 41A of the Act, addresses a specific problem identified in the North West Slope Fishery where fishing activity in the northeast corner, particularly targeting goldband snapper and red emperor, had resulted in overfishing and depleted stocks. This measure was introduced to mitigate the immediate ecological risks by prohibiting fishing in the affected area while AFMA develops and implements appropriate trigger limits. The policy objective is to ensure the sustainability of fish stocks within the Fishery by preventing further depletion through targeted area closures.

Scope and Application

The North West Slope Fishery (Partial Area Closure) Direction No. 02 applies to all persons engaged in fishing within the North West Slope Fishery, encompassing both commercial and recreational fishers. The direction is issued under Section 41A of the Fisheries Management Act 1991, and its purpose is to implement a partial area closure in response to overfishing of certain species, specifically red emperor and goldband snapper, in the northeast corner of the fishery. This closure is necessary to ensure ecological sustainability while AFMA develops appropriate trigger limits. The geographic scope of this direction covers the specific area less than 200 metres in depth within the Fishery, with coordinates defined using the World Geodetic System 1984 (WGS84). The direction applies from its commencement date until it is revoked or until 31 December 2010, whichever comes first. The closure is a temporary measure to mitigate immediate pressure on the affected fish stocks, and AFMA will implement trigger limits to manage total catch once the closure lapses if the Offshore Constitutional settlement remains unchanged. This direction does not apply to fisheries that are subject to a management plan, and it was developed after consulting with relevant stakeholders, including the western trawl fisheries consultative panel and permit holders.

Key Provisions

The North West Slope Fishery (Partial Area Closure) Direction No. 02, under the Fisheries Management Act 1991, provides the Australian Fisheries Management Authority (AFMA) with the power to prohibit fishing in a specified part of the North West Slope Fishery for a limited period (Clause 6). This partial area closure is aimed at protecting overfished stocks of red emperor and goldband snapper by reducing fishing pressure in an area less than 200 metres in depth (Section 41A). The closure applies to all persons entitled to fish in the Fishery, as defined in Clause 3, and remains in effect until it is revoked or until 31 December 2010 (Clause 4). In implementing this Direction, AFMA is required to consult with relevant stakeholders, including the Western Trawl Fisheries consultative panel and permit holders, to ensure that all parties are informed of the measures being taken and to consider any submissions they may have (Clause 1, 41A(2)). AFMA is also mandated to consider the precautionary principle when making decisions, which involves taking proactive measures to prevent or mitigate potential harm to fish stocks (Section 3(1)(b)). Failure to comply with the provisions of this Direction may result in civil or criminal penalties. Specifically, under Section 277 of the Fisheries Management Act 1991, a person who contravenes any provision of the Act or a direction made under it may be liable for a civil penalty not exceeding $22,200 for a corporation and $4,440 for an individual. Additionally, under Section 278, a person who engages in fishing in a closed area may be subject to criminal penalties, including fines of up to $111,000 for a corporation and $22,200 for an individual, as well as potential imprisonment. This Direction seeks to balance the need for sustainable fishing practices with the rights and interests of those who depend on the fishery for their livelihoods. By implementing a partial area closure, AFMA aims to protect overfished stocks while also working towards long-term sustainability through the development of trigger limits and other management measures. The Direction's focus on consultation and the precautionary principle reflects a commitment to collaborative decision-making and responsible resource management.

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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.