Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L00045 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the Authority

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020

 

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.

Northern Prawn Fishery (Closures) Direction No. 172 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 Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020 (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 until 22.30 hours UTC on 30 November 2020 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 Direction No. 172 by adding a provision that prohibits fishing for scampi species until 22.30 hours UTC on 30 November 2020.

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 2019). This trigger has been reached during fishing in January 2020. In accordance with the Harvest Strategy, scampi fishing can resume again at 22.30 hours UTC on 30 November 2020.

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% 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. NPFI support the changes to prohibit scampi fishing until 22.30 hours UTC on 30 November 2020.

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required 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 Acting 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 Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020.

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 Amendment to paragraph 7.1(g) of Direction No. 172 which, in effect, provides that concession holders in the NPF may not fish for scampi until 22.30 hours UTC on 30 November 2020.

 


ATTACHMENT

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to provide for the management and sustainable use of fisheries resources under the jurisdiction of the Commonwealth of Australia. This legislation addresses the need for a comprehensive and coordinated approach to managing fisheries to ensure their sustainability and the protection of marine ecosystems. The Australian Fisheries Management Authority (AFMA), established under this Act, is responsible for the implementation and enforcement of fisheries management measures. The Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020 is a legislative instrument made under the Fisheries Management Act 1991 by AFMA, following consultation with the Northern Prawn Fishery Management Advisory Committee and notification to the concession holders. The policy objective of this direction is to manage the Northern Prawn Fishery by temporarily prohibiting targeted fishing for scampi until 22.30 hours UTC on 30 November 2020 in line with the Northern Prawn Fishery Harvest Strategy. This measure is implemented to ensure the sustainability of scampi stocks and to comply with the specified trigger values set by the Harvest Strategy.

Scope and Application

The Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020 applies to entities and individuals who hold fishing concessions within the Northern Prawn Fishery (NPF) under the Fisheries Management Act 1991. This includes all commercial and recreational fishermen who operate within the waters of the Northern Prawn Fishery, which encompasses the waters extending 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. The direction specifically addresses the cessation of targeted fishing for scampi species, which is aligned with the Northern Prawn Fishery Harvest Strategy. The Amendment Direction modifies the Northern Prawn Fishery (Closures) Direction No. 172, extending the prohibition on scampi fishing until 22.30 hours UTC on 30 November 2020, in response to the catch levels reaching specified trigger values. The amendment is made under the authority of the Australian Fisheries Management Authority (AFMA), which consulted with the Northern Prawn Fishery Industry Pty Ltd prior to implementing the changes, although formal consultation with the Management Advisory Committee was not required for this variation. The Amendment Direction does not include any exclusions or exemptions and is effective across the entire Northern Prawn Fishery, impacting all concession holders operating within the fishery.

Key Provisions

The main operative sections of the Northern Prawn Fishery (Closures Amendment) Direction No. 1 2020 (Amendment Direction) include section 3, which provides that this direction is made under subsection 41A(3) of the Fisheries Management Act 1991 (Management Act). Section 4 gives effect to Schedule 1, which outlines the variations to the previous Direction No. 172. The key variation is detailed in Clause 1, which amends paragraph 7.1(g) of Direction No. 172 to prohibit concession holders from fishing for scampi until 22:30 hours UTC on 30 November 2020, in line with the Northern Prawn Fishery Harvest Strategy. This amendment ensures compliance with the catch levels specified in the Harvest Strategy, which mandates that scampi fishing must cease when certain trigger values are reached. The Amendment Direction imposes several obligations and requirements on the parties governed by it. Firstly, it mandates that concession holders in the Northern Prawn Fishery must not engage in targeted fishing for scampi until the specified time of 22:30 hours UTC on 30 November 2020. This requirement is crucial for adhering to the Northern Prawn Fishery Harvest Strategy, which is designed to manage and conserve the fishery sustainably. Additionally, the Australian Fisheries Management Authority (AFMA) is required to consult with the Northern Prawn Fishery Industry Pty Ltd (NPFI), the peak industry body representing the majority of concession holders, prior to making the Amendment Direction. This ensures that industry stakeholders are informed and can provide input on the management of the fishery. Furthermore, AFMA must ensure that each concession holder receives a copy of the direction seven days before it takes effect, as required by subsection 41A(2) of the Management Act. The Amendment Direction does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, under the Management Act, any failure to comply with the direction could potentially result in enforcement actions by AFMA. The Management Act includes provisions for the imposition of fines and other penalties for non-compliance with fishing regulations and directions. Typically, penalties for breaches of fishing regulations can include fines, revocation of fishing licences, or other administrative actions deemed necessary by AFMA. While the Amendment Direction itself does not specify maximum penalties, the overarching Fisheries Management Act 1991 provides a framework within which such enforcement actions can be taken.

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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.