Northern Prawn Fishery (Closures) Direction No. 160

Administered by Department of Agriculture

Legislation au F2012L01586 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority of the

Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Northern Prawn Fishery (Closures) Direction No. 160

 

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 the industry representative body, the 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 which has been endorsed by NORMAC.  All gear statutory fishing right holders in the Northern Prawn Fishery (the Fishery) are eligible to join the NPFI.  The NPFI currently represents approximately 95 percent of these concession holders. 

The 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

The Northern Prawn Fishery (Closures) Direction No. 160 (the Direction) establishes closures in specified areas of the fishery.  The Direction sets out closure boundaries and prevents fishing in six specific areas within the fishery to protect spawning and small prawns during the second fishing season and broader mid and end of season closures to protect stock prior to and during spawning periods.

The Direction also prevents trawling during daylight hours in key tiger prawn areas because it is believed that mature female tiger prawns are more susceptible to daylight trawling.  It is important to protect these prawns as they form the breeding stock.  Research to confirm that mature females are more susceptible has been carried out however the results were inconclusive.  Accordingly AFMA has taken a precautionary approach and prohibited daylight trawling.

The Direction makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas that are set aside for the purpose.  Fish are not targeted during gear trials and under this Direction the trial can be carried out prior to the commencement of the second fishing season. The areas in which the gear trials are permitted to be carried out were selected so as to have minimal impact on prawn stocks in the fishery while still being practical for operators.

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

Subsection 41A(2) of the Management Act provides that, before giving a direction, AFMA must consult NORMAC and consider their views. AFMA may also consider the views of other interested persons. 

AFMA consulted with both NORMAC and the NPFI prior to making the Direction. NORMAC and NPFI support the making of the Direction.

 

Details of the Direction are set out below:

Clause 1 Provides for the Direction to be cited as the Northern Prawn Fishery (Closures) Direction No. 160.

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 to have effect as if repealed at 2200 hours UTC on 31 July 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 Provides for prohibitions of fishing in areas of the fishery detailed in Schedules 1 to 12, during certain periods. 

Clause 7 .1 Provides an exemption to the closures detailed at clauses 6.1 and 6.2 for a person that is conducting a gear trial in the prescribed areas.

Clause 7.2 Provides an exemption by way of a corridor for boats to transit through the closure prescribed in clause 6.3. The exemption only applies when a boat carries its gear in the manner prescribed in the clause.

Clause 8 Provides for the revocation of Northern Prawn Fishery (Closures) Direction No. 159 from the commencement date of the Direction.

Schedules 1 to 12 Define the areas that are closed to fishing referred to in clause 6.1 to 6.12.

Schedules 13 to 15 Define the areas where the gear trial referred to in clause 7.1 may be undertaken.

Schedule 16 Defines the area of the transit corridor referred to in clause 7.2 

 

 

Overview

The Fisheries Management Act 1991, enacted by the Parliament of Australia, establishes a framework for the sustainable management of fisheries in Australia, including the Northern Prawn Fishery. The Act aims to balance biological sustainability with economic efficiency. The Northern Prawn Fishery (Closures) Direction No. 160, issued by the Australian Fisheries Management Authority (AFMA), is designed to implement specific closures in the Northern Prawn Fishery to protect prawn stocks during critical periods such as spawning and daylight hours when mature female tiger prawns are more susceptible to trawling. This Direction addresses the problem of overfishing and the need for precautionary measures to ensure the long-term sustainability of the fishery. AFMA, as the enacting body, ensures compliance with the Act by consulting with the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishery Industry Pty Ltd, and the policy objective is to safeguard the fishery’s biological resources while allowing for necessary economic activities.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 160 is a legislative instrument issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA) to regulate fishing activities within the Northern Prawn Fishery. This Direction applies to all gear statutory fishing right holders in the Northern Prawn Fishery, which includes the waters off the northern coast of Western Australia, the coast of the Northern Territory, and the coast of Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian Fishing Zone. The Direction mandates closures in specific areas to protect prawn spawning and small prawns, particularly during the second fishing season, and prohibits trawling during daylight hours in key tiger prawn areas as a precautionary measure due to the susceptibility of mature female tiger prawns. The Direction also provides for gear trials in designated areas before the second fishing season, ensuring minimal impact on prawn stocks. AFMA must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and the Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing such directions, and both NORMAC and NPFI have expressed their support for this Direction. The Direction commences on the day after registration on the Federal Register of Legislative Instruments and ceases to have effect as if repealed at 2200 hours UTC on 31 July 2013.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 160 (Sections 1-8) sets out the specific closures in the Northern Prawn Fishery, preventing fishing in certain areas during particular periods to protect prawn stocks. This Direction specifies the boundaries of these closures and also prohibits trawling during daylight hours in key tiger prawn areas, due to concerns about the vulnerability of mature female prawns during this time. Additionally, the Direction allows for gear trials in specified areas to ensure minimal impact on prawn stocks while providing practical opportunities for operators. The Direction applies to all persons with statutory fishing rights in the Northern Prawn Fishery and comes into effect on the day after registration on the Federal Register of Legislative Instruments, ceasing on 31 July 2013. Operators within the Northern Prawn Fishery are required to adhere to the closures specified in the Direction to protect the fishery's biological and economic objectives. They must refrain from engaging in fishing activities in the closed areas during the designated periods, which include closures to protect spawning and small prawns during the second fishing season and broader closures to protect stock prior to and during spawning periods. Additionally, operators must comply with the prohibition on trawling during daylight hours in key tiger prawn areas, as specified in the Direction. Operators are also permitted to conduct gear trials in prescribed areas, ensuring that fish are not targeted during these trials. Failure to comply with the provisions of the Northern Prawn Fishery (Closures) Direction No. 160 may result in civil or criminal consequences, although specific penalties are not outlined in the explanatory statement. The Direction is issued under the authority of the Australian Fisheries Management Authority (AFMA) and is made in accordance with the Fisheries Management Act 1991. AFMA consulted with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and the Northern Prawn Fishery Industry Pty Ltd (NPFI) prior to issuing the Direction, both of which support its implementation. AFMA has assessed that this legislative instrument is compatible with human rights under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.