EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery (Closures Amendment) Direction No. 1 2019
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. Direction No. 172 is a direction made under subsection 41A(2) made after consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and notification to NPF 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 Northern Prawn Fishery (Closures Amendment) Direction No. 1 2019 (the Amendment Direction) varies the Northern Prawn Fishery (Closures) Direction No. 172 (Direction No. 172) by varying the instrument to:
- prohibit further targeted fishing for scampi during 2019 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).
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 Amendment Direction varies Direction No. 172 by adding a provision that prohibits fishing for scampi species for the remainder of 2019.
The Northern Prawn Fishery Harvest Strategy requires fishing for scampi to cease when catch levels reach specified trigger values (30 tonnes for 2019). This trigger has been reached during fishing in January and February 2019. In accordance with the harvest strategy scampi fishing can resume again on 1 January 2020. The amendment includes a definition of scampi as fish of the families Aristeidae and Nephropidae.
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 likely to have no more than minor regulatory impacts on business, community organisations or individuals (OBPR ID: 25124).
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 Statement of Compatibility with Human Rights is included in this statement.
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) and the Northern Prawn Fishery Management Advisory Committee (NPFMAC) prior to making the Amendment 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. Both NPFI and NPFMAC support the changes to prohibit scampi fishing during the remainder of 2019.
Details of the Direction are set out below:
Section 1 Provides for the Direction to be cited as the Northern Prawn Fishery (Closures Amendment) Direction No. 1 2019.
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 Direction No. 172.
Clause 1 Inserts the definition of “scampi” to provide clarity around exactly what species are included.
Clause 2 Amendment to paragraph 6.1(f) of Direction No. 172 to address the insertion of new paragraph 6.1(g).
Clause 3 Inserts paragraph 6.1(g) into Direction No. 172 which, in effect, provides that concession holders in the NPF may not fish for scampi for the remainder of the 2019 calendar year.