Northern Prawn Fishery (Closures) Direction No. 158

Overview

The Northern Prawn Fishery (Closures) Direction No. 158, issued under the Fisheries Management Act 1991, was enacted to regulate the Northern Prawn Fishery by setting byproduct limits and prohibiting the retention of certain species. The Australian Fisheries Management Authority (AFMA) issued this Direction to manage the fishery sustainably, ensuring the balance between biological and economic objectives. This legislative instrument aims to implement the co-management policy and the Memorandum of Understanding between AFMA and Northern Prawn Fishery Industry Pty Ltd (NPFI), endorsed by the Northern Prawn Fishery Management Advisory Committee (NORMAC). AFMA consulted with NPFI, who support the Direction, to address issues such as trip limits and species prohibitions as mandated by agreements with Queensland and the Northern Territory. The Direction sets out specific species for which there are byproduct limits and those that are prohibited, aiming to maintain the ecological balance and economic viability of the fishery. The Direction, effective from its registration on the Federal Register of Legislative Instruments and expiring on 31 March 2017, outlines the terms used in conjunction with the Northern Prawn Fishery Management Plan 1995. It applies to operators in the fishery and specifies limits on the retention of certain species while prohibiting others, with exemptions under certain conditions. This measure ensures that the fishery operates within sustainable parameters, protecting ecologically sensitive species and maintaining the integrity of the fishery for future generations. The Direction also revokes previous Directions No. 106 and No. 118, aligning regulatory practices with current management needs.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 158, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, applies to operators permitted to fish in the Northern Prawn Fishery, which encompasses waters from the northern coast of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria to the outer limit of the Australian Fishing Zone. This Direction regulates the take of certain fish and crustacean species within the fishery, setting specific limits for some species and prohibiting the retention of others. AFMA must consult with the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishery Industry Pty Ltd when issuing such directions, particularly under the current trial of co-management arrangements. The Direction, which commences on the day after its registration and ceases on 31 March 2017, revokes previous directions (NPF Direction No. 106 and NPF Direction No. 118) effective from the date of its issuance. It incorporates specific terms defined in the Northern Prawn Fishery Management Plan 1995 and includes exemptions under certain conditions. The Direction is compatible with human rights, as per the Human Rights (Parliamentary Scrutiny) Act 2011, and was deemed not to require a Regulation Impact Statement by the Office of Best Practice Regulation.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 158 (Clauses 1 to 8) is a legislative instrument issued under the Fisheries Management Act 1991, specifying certain restrictions on fishing activities within the Northern Prawn Fishery. Clause 1 names the Direction as Northern Prawn Fishery (Closures) Direction No. 158, while Clause 2 stipulates that it comes into effect on the day following its registration on the Federal Register of Legislative Instruments. Clause 3 sets the cessation date of the Direction as 31 March 2017. Clause 4 ensures that terms used in the Direction and the Northern Prawn Fishery Management Plan 1995 have the same meanings. Clause 5 specifies the individuals and entities to which the Direction applies. Clause 6 establishes limits on the retention of certain species as listed in Schedule 1, and prohibits the retention of species listed in Schedule 2. Clause 7 allows for exemptions to Clause 6 under certain conditions, providing flexibility in specific circumstances. Lastly, Clause 8 revokes the previous NPF Direction No. 106 and NPF Direction No. 118 from the date of this Direction. The Direction imposes several obligations on the operators of the Northern Prawn Fishery. Primarily, it mandates strict adherence to the specified limits on the retention of certain species as outlined in Schedule 1. Furthermore, operators are prohibited from retaining the species listed in Schedule 2. These restrictions are designed to manage the fishery sustainably, ensuring the long-term viability of the prawn and related species within the fishery. Additionally, operators must comply with the exemptions provided in Clause 7, which allows for certain exceptions under specific conditions. Breaches of the Northern Prawn Fishery (Closures) Direction No. 158 may result in various consequences, depending on the nature and severity of the offence. While the legislation does not explicitly state maximum penalties, breaches of fishing regulations under the Fisheries Management Act 1991 can lead to substantial fines and other penalties. The Australian Fisheries Management Authority (AFMA) is responsible for enforcing compliance with the Direction, and operators found in violation of its provisions may face legal action, including potential civil or criminal penalties. It is crucial for operators to fully understand and comply with the Direction to avoid these potential consequences.