EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of
Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery (Closures) Direction No.158
Byproduct Limits and Prohibited Species
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. 158 (the Direction) allows for operators to retain quantities of certain fish and crustacean species and prohibits them from retaining others.
A Memoranda of Understanding (MOU) between the Commonwealth and Queensland, and the Commonwealth and the Northern Territory, oblige AFMA to enforce trip limits and prohibit the take of some species within the NPF. A conversion factor is stipulated in the Direction to 1) give operators maximum flexibility for processing fish by allowing fishers to retain any combination of fillets, whole fish, gilled and gutted fish and headed and gutted fish, and 2) enable operators and compliance personnel to observe and enforce the trip limit, irrespective of how the fish have been processed.
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 Fishery 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 determination to be cited as Northern Prawn Fishery (Closures) Direction No. 158.
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 2017.
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 Sets limits for the take of species in Schedule 1 and those species listed in the section. Prohibits the take of species listed in Schedule 2.
Clause 7 Provides for exemptions to Clause 6 under certain conditions.
Clause 8 Revokes NPF Direction No. 106 and NPF Direction No. 118 with effect from the date of this Direction.
Schedule 1 Lists the species for which there is a limit on the take.
Schedule 2 Lists the species for which the take is prohibited