Northern Prawn Fishery (Closures) Direction No. 159

Administered by Department of Agriculture

Legislation au F2012L01174 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. 159

 

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 subsection 41A(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 also 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. 159 (the Direction) closes an area of the fishery to fishing while allowing for night time fishing in another area of the fishery. 

The Direction allows for the targeting of tiger prawns during night time hours while also enforcing mid season closures for certain areas of the fishery. 

Schedule 2 provides for an exemption for the area closed in the Direction described at Schedule 1 to allow for navigating through the closed area.  Exemptions will always be approved where navigation is required because of boat breakdown, distress, medical emergency, cyclone or weather warning, or to access an anchorage where no transit corridor has been provided. 

The Direction revokes and replaces Northern Prawn Fishery (Closures) Directions No. 156 and No. 157 which provided for pre season area closures and closures for the first fishing season (banana prawn season).

 

 

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction 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

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 

Consultation

AFMA consulted with the 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. 159.

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 at 2200 hours on 31 December 2012.

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  Provides for prohibitions of fishing in certain areas of the fishery at certain times.

Clause 7 Provides for an exemption to the prohibition in Clause 6.3 to allow for navigating in the area prescribed at Schedule 2.

Clause 8 Revokes Northern Prawn Fishery (Closures) Direction No. 156 and Northern Prawn Fishery (Closures) Direction No. 157.

Schedule 1 Describes one of the areas where fishing is prohibited under the Direction.

Schedule 2 Describes the exempt area where boats may navigate with fishing gear stowed.

Overview

The Northern Prawn Fishery (Closures) Direction No. 159, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, aims to manage fishing activities in the Northern Prawn Fishery, addressing the need for regulated closures to protect prawn populations and ensure sustainable fishing practices. Enacted to fill a legislative gap in the management of fishing activities within the Northern Prawn Fishery, this Direction is a response to the biological and economic objectives outlined in the Northern Prawn Fishery Management Plan 1995. The Direction mandates specific fishing closures and allows for exemptions in certain circumstances, reflecting a policy objective of balancing ecological sustainability with operational needs. This legislative instrument was introduced by the Australian Fisheries Management Authority, following consultation with the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishery Industry Pty Ltd, in accordance with the requirements set out in the Fisheries Management Act 1991. The Direction is designed to ensure that fishing activities are conducted in a manner that preserves the health of the fishery while providing for the economic viability of the industry. The Direction revokes previous Directions and comes into effect upon registration on the Federal Register of Legislative Instruments, ceasing at the end of 2012.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 159 applies to all operators permitted by the Northern Prawn Fishery Management Plan 1995 to fish in the Northern Prawn Fishery. This encompasses individuals, companies, and other entities involved in fishing activities within the specified areas and periods outlined in the Direction. The jurisdictional reach of the Direction is governed by the Commonwealth under the Fisheries Management Act 1991, with specific reference to the Northern Prawn Fishery, which spans from the northern coast of Western Australia, through the Northern Territory, to the Gulf of Carpentaria in Queensland, extending to the outer limit of the Australian Fishing Zone. The Direction mandates closures to certain areas of the fishery to protect ecological and economic objectives, while allowing for exemptions in specific circumstances, such as navigation through closed areas in cases of emergency or distress. The application of this Direction is subject to consultation with the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishery Industry Pty Ltd, ensuring collaborative management and compliance with the co-management policy. The Direction also revokes and replaces previous Directions, streamlining regulatory measures within the fishery.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 159 (section 3) is a legislative instrument issued under the Fisheries Management Act 1991 (section 41A(2)) by the Australian Fisheries Management Authority (AFMA). This Direction establishes specific closures within the Northern Prawn Fishery, prohibiting fishing in certain areas during particular periods while permitting night-time fishing for tiger prawns in other designated areas. The Direction aims to balance the biological and economic objectives of the fishery by implementing input controls, such as limiting fishing time, equipment types, and the number of boats allowed. Schedule 2 of the Direction includes exemptions for navigation through closed areas in cases of emergencies, boat breakdowns, or other specified circumstances. The Direction imposes several obligations on the parties involved. Operators permitted to fish in the Northern Prawn Fishery must adhere to the specified closures and only engage in fishing activities during the allowed times and locations. AFMA must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing such Directions, unless it is an emergency. NPFI has been consulted and supports the Direction, indicating a collaborative approach in managing the fishery. Compliance with the Direction is crucial to ensure sustainable fishing practices and to protect the fishery's resources. Violations of the Northern Prawn Fishery (Closures) Direction No. 159 can result in legal consequences. Under the Fisheries Management Act 1991, breaches of the Direction may lead to civil and criminal penalties. Civil penalties can include fines, while criminal penalties might involve imprisonment, reflecting the seriousness with which the authorities treat non-compliance. The exact penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to the regulatory framework established to manage the fishery effectively.

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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.