Northern Prawn Fishery (Closures) Direction No. 157

Overview

The Northern Prawn Fishery (Closures) Direction No. 157, issued under the Fisheries Management Act 1991, was enacted to manage and protect the Northern Prawn Fishery by imposing specific seasonal closures. This legislative instrument, issued by the Australian Fisheries Management Authority (AFMA), addresses the need to safeguard prawn stocks during critical periods such as spawning and the early life stages of prawns. The enactment of this Direction ensures that fishing activities are appropriately regulated to meet both biological and economic objectives, thereby maintaining the sustainability of the fishery. AFMA consulted with relevant stakeholders, including the Northern Prawn Fishery Industry Pty Ltd and the Northern Prawn Fishery Management Advisory Committee, in developing this Direction, reflecting a commitment to collaborative management practices. The Direction replaces the previous Northern Prawn Fishery (Closures) Direction No. 154 and aims to enforce closures in designated areas during specified periods to protect prawn stocks. Exemptions are provided for certain activities, such as navigation through designated transit corridors and gear trials, as per another Direction. This measure underscores the policy objective of balancing fishing activities with the need for stock conservation, ensuring the long-term viability of the Northern Prawn Fishery.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 157 applies to all commercial fishing activities within the Northern Prawn Fishery, which spans the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian Fishing Zone. This Direction governs the operations of entities and individuals permitted by the Northern Prawn Fishery Management Plan 1995, ensuring adherence to specific closures to protect prawn stocks during critical periods. The Australian Fisheries Management Authority (AFMA) has the authority to issue such Directions under the Fisheries Management Act 1991, requiring consultation with relevant stakeholders such as the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishing Industry Pty Ltd, particularly under the current trial of co-management arrangements. This Direction revokes and replaces the previous Northern Prawn Fishery (Closures) Direction No. 154, establishing new closure boundaries and periods to safeguard prawn populations during spawning and other sensitive times. Exemptions are provided for specific activities such as navigating in designated transit corridors and conducting gear trials in accordance with another Direction, as outlined in the accompanying schedules.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 157 (the Direction) outlines specific closures within the Northern Prawn Fishery (the Fishery) to protect prawn spawning and juvenile prawns during the first fishing season and implements a mid-season closure to safeguard the stock before and during the spawning periods (clauses 5 and 6). The Direction revokes and replaces the previous NPF Direction No. 154 (clause 8). It is important to note that the term 'fishery' as used in the Direction has the same meaning as in the Northern Prawn Fishery Management Plan 1995 (the Plan) (clause 4). The Direction will commence on the day after its registration on the Federal Register of Legislative Instruments and will cease on 31 December 2012 (clauses 2 and 3). The Direction imposes specific obligations on the parties involved in the fishery, notably prohibiting commercial fishing in specified areas of the Fishery during certain periods as detailed in Schedules 1 to 11 (clause 6). However, there are exceptions to this prohibition, such as for persons navigating in an exempt transit corridor and for persons conducting gear trials in accordance with Northern Prawn Fishery (Closures) Direction No. 156 (clause 7). The Direction also mandates consultation between the Australian Fisheries Management Authority (AFMA) and Northern Prawn Fishing Industry Pty Ltd (NPFI) prior to its issuance, as endorsed by the Northern Prawn Fishery Management Advisory Committee (NORMAC) (subsection 41A(2)). Failure to comply with the provisions of the Direction may result in civil or criminal consequences, although the specific penalties are not detailed within the Direction itself. Typically, breaches of fishing regulations under the Fisheries Management Act 1991 can attract penalties such as fines or imprisonment, depending on the severity of the offence. The exact penalties for breaching this Direction would be governed by the broader provisions of the Fisheries Management Act 1991 and any relevant regulations or subsidiary legislation.