Northern Prawn Fishery (Closures Amendment) Direction No. 1 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00024 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 2021

 

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 2021 (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 2021 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 2021.

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 2020). This trigger has been reached during fishing in December 2020. In accordance with the Harvest Strategy, scampi fishing can resume again at 22.30 hours UTC on 30 November 2021.

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 per cent of the concession holders in the Fishery. NPFI keeps all concession holders in the Fishery informed on matters relating to the management of the Fishery. NPFI supports the changes to prohibit scampi fishing until 22.30 hours UTC on 30 November 2021.

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 2021.

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 2021.

 


ATTACHMENT

 

        

Overview

The Northern Prawn Fishery (Closures Amendment) Direction No. 1 2021 was enacted under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This direction was introduced to address the issue of scampi catch levels reaching specified trigger values, as outlined in the Northern Prawn Fishery Harvest Strategy, thereby necessitating a temporary cessation of scampi fishing. The policy objective of this amendment is to ensure the sustainability of the scampi species within the Northern Prawn Fishery by adhering to the prescribed catch limits. AFMA consulted with the Northern Prawn Fishery Industry Pty Ltd (NPFI) prior to making this amendment, and NPFI supports the changes. The amendment aims to align fishing activities with the requirements of the Harvest Strategy, ensuring the long-term viability of the fishery and its associated species.

Scope and Application

The Northern Prawn Fishery (Closures Amendment) Direction No. 1 2021 applies to all entities and individuals involved in the Northern Prawn Fishery (NPF), particularly those holding fishing concessions within the designated waters of the fishery which extend from the coastline to the edge of the Australian Fishing Zone north of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria. This legislative instrument amends the previous Northern Prawn Fishery (Closures) Direction No. 172 by imposing a prohibition on targeted fishing for scampi until 22.30 hours UTC on 30 November 2021, in accordance with the Northern Prawn Fishery Harvest Strategy. The primary objective is to manage catch levels to ensure the sustainability of the fishery, specifically addressing the ecological impact of scampi fishing. This direction is made under the authority of the Australian Fisheries Management Authority (AFMA) pursuant to the Fisheries Management Act 1991 and is applicable to the entire geographic scope of the Northern Prawn Fishery. Variations or revocations under this direction do not require consultation with the Management Advisory Committee or notification to concession holders, as per subsection 41A(3) of the Management Act. However, AFMA did consult with the Northern Prawn Fishery Industry Pty Ltd, representing the majority of concession holders, prior to implementing the Amendment Direction.

Key Provisions

The Northern Prawn Fishery (Closures Amendment) Direction No. 1 2021 amends the previously issued Northern Prawn Fishery (Closures) Direction No. 172 by prohibiting targeted fishing for scampi until 22.30 hours UTC on 30 November 2021. This prohibition is in line with the Northern Prawn Fishery Harvest Strategy, which mandates that scampi fishing should cease when certain catch levels are reached. Specifically, the strategy requires that fishing for scampi stops once the catch levels reach 30 tonnes for the 12-month period beginning 1 December 2020. Given that this threshold was surpassed in December 2020, the Amendment Direction extends the closure until the specified date and time in November 2021. This measure is intended to ensure sustainable fishing practices and protect the stock of scampi in the Northern Prawn Fishery. The Amendment Direction imposes specific obligations on the concession holders within the Northern Prawn Fishery. These concession holders, who represent approximately 95% of the fishing activity in the fishery, are required to comply with the prohibition on targeted scampi fishing until 22.30 hours UTC on 30 November 2021. Failure to adhere to this prohibition could result in legal consequences, as the Australian Fisheries Management Authority (AFMA) has the authority to enforce compliance with this direction. Additionally, the Amendment Direction requires concession holders to cease all activities related to targeted scampi fishing during the specified period. There are no specific offences or penalties outlined in the Amendment Direction itself, but the Fisheries Management Act 1991 provides for various enforcement measures and penalties for non-compliance with fishery management directions. Under section 41A(4) of the Act, a person who contravenes a direction made under subsection 41A(2) is liable for a penalty. The penalty for an individual is up to 50 penalty units, and for a body corporate, the penalty can be up to 500 penalty units. In addition to financial penalties, non-compliance with fishery management directions can also result in civil or criminal proceedings being taken against the offender. These can include actions such as seizure of fishing equipment, fines, and potential imprisonment, depending on the severity and frequency of the offence.

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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.