Northern Prawn Fishery (Closures) Direction No. 155

Administered by Department of Agriculture

Legislation au F2012L00683 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority of the

Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Northern Prawn Fishery (Closures) Direction No. 155

Protected Area Closures

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in s41A(2), direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.

Subsection 41A(2) also provides that, before AFMA issues a Direction, it must consult with the management advisory committee for the fishery, the Northern Prawn Fishery Management Advisory Committee (NORMAC), about the content of the Direction unless the Direction is issued in circumstances of an emergency. Under the current trial of co-management arrangements AFMA must consult with Northern Prawn Fishery Industry Pty Ltd (NPFI) on all operational matters for the fishery, including Directions. This is outlined in the co-management policy and memorandum of understanding between AFMA and NPFI and has been endorsed by NORMAC.

The Fishery

The Northern Prawn Fishery (the Fishery) extends from the northern coast of Western Australia, the coast of the Northern Territory and the coast of Queensland in the Gulf of Carpentaria, to the outer limit of the Australian Fishing Zone.  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, bounded by closures.   The area of the Fishery overlaps the areas of a number of fisheries for other species that are managed by the States and the Territory.

The Fishery is managed by limiting the amount of fishing effort that is employed by the persons permitted by the Northern Prawn Fishery Management Plan 1995 (the Plan) to fish in the Fishery (operators).  These limitations are known generically 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 closures of all or parts of the Fishery), the amounts and types of fishing equipment, the number of boats in the fishery and the specifications of those boats.

The Direction

Northern Prawn Fishery (Closures) Direction No. 155 (the Direction) closes specified areas of the Fishery to fishing.  The Direction prohibits fishing in eleven specific areas within the Fishery that provide essential habitats for the juvenile growth phase of penaeid prawns, a major species in the fishery.  Fishing in these areas would not only cause destruction to vital seagrass habitat but would also result in the capture of underdeveloped and undersize prawns. 

The Direction also closes two areas to fishing, as they are the sites of research surveys investigating the impact of trawling on the benthos. To avoid confounding the results of this research it is important that these areas remain closed to commercial fishing for the duration of this project.

The Direction revokes and replaces NPF Direction No. 147.

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature. 

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This legislative instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in AFMA’s assessment, this legislative instrument is compatible with human rights.

 Consultation

AFMA consulted with Northern Prawn Fishing Industry Pty Ltd (NPFI) prior to making the Direction; NPFI supports the making of the Direction.

 

Details of the Direction are set out below:

Clause 1 Provides for the Direction to be cited as Northern Prawn Fishery (Closures) Direction No. 155.

Clause 2 Provides that the Direction commences on the day after registration on the Federal Register of Legislative Instruments.

Clause 3 Provides that the Direction ceases on 31 March 2013.

Clause 4 Provides that a term used in the Direction and in the Plan has the same meaning in the Direction as in the Plan.

Clause 5 States to whom the Direction applies.

Clause 6 Prohibits fishing in the areas described in Schedule 1.

Clause 7 Provides for an exemption to clause 6.

Clause 8 Revokes NPF Direction No. 147.

Schedule 1 Describes the prohibited areas.

Schedule 2 Describes the exempt transit corridors where boats may navigate.

 

 

Overview

The Northern Prawn Fishery (Closures) Direction No. 155, issued by the Australian Fisheries Management Authority (AFMA) in 2012, is a legislative instrument made under the Fisheries Management Act 1991. This Direction aims to protect critical habitats and juvenile growth phases of penaeid prawns in the Northern Prawn Fishery, which spans the northern coasts of Western Australia, the Northern Territory, and Queensland. By prohibiting fishing in eleven specific areas, the Direction seeks to prevent the destruction of vital seagrass habitats and the capture of undersize prawns, which is crucial for the sustainability of the fishery. Additionally, two areas are closed to fishing to ensure the integrity of research surveys investigating the impact of trawling on the benthos. The enactment of this Direction is mandated by Subsection 41A(2) of the Fisheries Management Act 1991, which empowers AFMA to direct closures in the fishery after consulting with the Northern Prawn Fishery Management Advisory Committee and, under current co-management arrangements, with the Northern Prawn Fishery Industry Pty Ltd.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 155 applies to persons and entities engaged in fishing activities within the Northern Prawn Fishery, specifically those who are permitted by the Northern Prawn Fishery Management Plan 1995 to fish in the fishery. This legislation is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, with the purpose of closing certain areas of the Northern Prawn Fishery to fishing to protect essential habitats for the juvenile growth phase of penaeid prawns and to safeguard the integrity of research surveys investigating the impact of trawling on the benthos. The geographic scope of this legislation encompasses the Northern Prawn Fishery, which extends from the northern coast of Western Australia, the coast of the Northern Territory, and the coast of Queensland in the Gulf of Carpentaria, to the outer limit of the Australian Fishing Zone. The Direction revokes and replaces the previous Northern Prawn Fishery (Closures) Direction No. 147 and specifies the areas that are closed to fishing, as outlined in Schedule 1. AFMA must consult with the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishing Industry Pty Ltd before issuing the Direction, except in emergency circumstances. The Direction is compatible with human rights, as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 155 (the Direction) under the Fisheries Management Act 1991 (the Management Act) primarily mandates the closure of certain areas within the Northern Prawn Fishery to fishing activities. This is done to protect vital habitats and ensure the sustainability of prawn stocks. Section 41A(2) of the Management Act allows the Australian Fisheries Management Authority (AFMA) to issue such Directions, provided it consults with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI) unless the Direction is issued in an emergency. The Direction specifically prohibits fishing in eleven areas that are critical for the juvenile growth phase of penaeid prawns, as well as two areas designated for research on the impact of trawling on the benthos. The Direction revokes and replaces the previous NPF Direction No. 147. Under this Act, the operators permitted to fish in the Northern Prawn Fishery must adhere to the closures specified in the Direction. This means they cannot engage in fishing activities in the areas outlined in Schedule 1, which are crucial for the protection of juvenile prawns and the integrity of benthic habitats. These restrictions are intended to preserve the ecological balance and ensure the long-term viability of the fishery. The operators must also navigate through any specified transit corridors in Schedule 2 without engaging in fishing activities. Breaching the provisions of this Direction can result in significant consequences. The Management Act provides for various offences related to non-compliance with such Directions. Penalties for contravening the Direction can include substantial fines and, in severe cases, imprisonment. The exact penalties are determined by the courts and may vary based on the nature and extent of the breach. Additionally, operators found in violation of the Direction may face civil actions for damages related to environmental harm caused by unauthorised fishing activities in the closed areas.

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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.