Northern Prawn Fishery Amendment (Early Closure) Direction 2018

Overview

The Northern Prawn Fishery Amendment (Early Closure) Direction 2018 is an instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Direction was enacted to address the need for early closure of the Northern Prawn Fishery (NPF) due to reaching the maximum economic yield (MEY) threshold, as informed by the Northern Prawn Fishery Industry Pty Ltd (NPFI). The purpose of this Direction is to align with AFMA's legislative objectives to maximise net economic returns to the Australian community, by ensuring the fishery is closed for the remainder of the season once the MEY threshold has been reached. This Direction was made without the need for consultation as it is pursuant to subsection 41A(3) of the Management Act. However, AFMA has engaged with NPFI regarding the closure, who have coordinated the catch reporting and informed AFMA of the decision rule trigger. AFMA will notify all NPF concession holders of the Direction upon its registration on the Federal Register of Legislation.

Scope and Application

The Northern Prawn Fishery Amendment (Early Closure) Direction 2018 is a legislative instrument issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This Direction pertains to the Northern Prawn Fishery, which encompasses the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limits of the Australian Fishing Zone. The fishery involves prawns and four major ecologically related species, managed under the Northern Prawn Fishery Management Plan 1995. The Direction applies to persons and entities authorised to fish in the Northern Prawn Fishery, regulating the timing, equipment, and number of boats used in the fishery to achieve both biological and economic objectives. The Direction imposes additional area closures for specified periods, triggered by the maximum economic yield catch threshold for tiger prawns, which was reached on 3 November 2018, necessitating an early closure of the fishery. This decision aligns with AFMA's objective to maximise net economic returns to the Australian community, as stipulated in the Management Act. The Direction comes into effect upon registration on the Federal Register of Legislation and is consistent with established procedures, as recognised by the Office of Best Practice Regulation. AFMA has consulted with the Northern Prawn Fishery Industry Pty Ltd (NPFI) regarding the Direction, and no infringement on human rights has been identified.

Key Provisions

The Northern Prawn Fishery Amendment (Early Closure) Direction 2018 (the Direction) amends the existing Northern Prawn Fishery (Closures) Direction No. 171 by introducing additional area closures for specified periods within the fishery (Clause 3). This Direction is made under subsection 41A(3) of the Fisheries Management Act 1991 (the Management Act), and therefore, unlike other directions, it does not require consultation (subsection 41A(3)). The Direction is designed to implement an early closure of the fishery due to the triggering of a maximum economic yield (MEY) based tiger prawn catch threshold, as reported by the industry body NPFI. The Direction is set to commence on the day after it is registered on the Federal Register of Legislation (Clause 2). Under the Direction, the Australian Fisheries Management Authority (AFMA) is required to ensure that fishing is not engaged in within the specified areas of the Northern Prawn Fishery during the periods outlined in the Direction (Clause 3). AFMA must also notify all holders of a fishing concession in respect of the fishery of the Direction as soon as practicable (subsection 41A(4) of the Management Act). The primary objective of this Direction is to achieve the maximum net economic returns to the Australian community, in line with AFMA’s legislative objectives under the Management Act. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Direction itself for breaches of the provisions. However, any breaches of the provisions of the Management Act or the Direction could potentially lead to enforcement actions by AFMA, including fines, sanctions, or other regulatory measures. The maximum penalties for breaches of the Management Act are set out in the Act itself and can include fines of up to $165,000 for individuals and $825,000 for bodies corporate, as well as potential imprisonment terms. The Direction ensures compliance by imposing specific closures and limitations on fishing activities within the Northern Prawn Fishery, thereby protecting the fishery’s resources and economic interests. AFMA’s role in enforcing the Direction is supported by the Office of Best Practice Regulation, which has recognised that setting the opening and closing dates for a fishing season is a machinery decision under current regulatory settings and follows established procedures (OBPR No. 14421). This Direction aligns with AFMA’s legislative objectives and is compatible with human rights, as confirmed in the Statement of Compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.