Northern Prawn Fishery (Closures) Direction No. 161

Administered by Department of Agriculture

Legislation au F2013L00431 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Northern Prawn Fishery (Closures) Direction No. 161

Protected Area Closures

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 the 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.  Fishing in 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. 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. 161 (the Direction) closes specified areas of the Fishery to fishing.  The Direction prohibits fishing in eleven specific areas within the Fishery that provide essential habitats for the juvenile growth phase of penaeid prawns, a major species in the Fishery.  Fishing in these areas would not only cause destruction to vital seagrass habitat but would also result in the capture of underdeveloped and undersize prawns. 

The Direction also closes two areas to fishing, as they are the sites of research surveys investigating the impact of trawling on the benthos. To avoid confounding the results of this research it is important that these areas remain closed to commercial fishing for the duration of this project.

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this instrument 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 Northern Prawn Fishing 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 Direction to be cited as the Northern Prawn Fishery (Closures) Direction No. 161.

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 2014 unless earlier revoked.

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 Prohibits fishing in the areas described in Schedule 1.

Clause 7 Provides for an exemption to clause 6.

Schedule 1 Describes the prohibited areas.

Schedule 2 Describes the exempt transit corridors where boats may navigate.

 

 

 

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries in Australia, and it established the Australian Fisheries Management Authority (AFMA) to oversee the implementation of fisheries management plans. The Act was introduced to address the need for a comprehensive and sustainable approach to managing Australia's fisheries, ensuring the long-term health of marine resources and the livelihoods of those who depend on them. The Northern Prawn Fishery (Closures) Direction No. 161, issued by AFMA in 2013, aims to protect critical habitats and support research into the impacts of trawling on marine ecosystems within the Northern Prawn Fishery. The Direction, which is subject to consultation with relevant stakeholders, closes specific areas to fishing to safeguard juvenile prawn habitats and prevent the capture of undersize prawns, thereby supporting both biological and economic objectives of the fishery.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 161 applies to all persons and entities permitted under the Northern Prawn Fishery Management Plan 1995 to engage in fishing activities within the Northern Prawn Fishery, which encompasses the waters off 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 legislative instrument is issued under the authority of the Australian Fisheries Management Authority (AFMA) and is intended to complement the overarching provisions of the Fisheries Management Act 1991. The Direction specifically prohibits fishing in eleven areas that are critical for the juvenile growth phase of penaeid prawns and two areas designated for ongoing research into the impacts of trawling on the benthos, to ensure the integrity of the research and the preservation of vital seagrass habitats. The Direction is applicable nationwide, encompassing the Commonwealth waters and the areas managed under state and territory jurisdictions where the fishery overlaps. While the Direction primarily targets the fishing industry operating within the specified areas, it does not extend to all other fisheries or areas outside the Northern Prawn Fishery. Exemptions may apply to transit corridors where boats are navigating through the prohibited areas, as detailed in Schedule 2.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 161 (the Direction) is a legislative instrument issued under the Fisheries Management Act 1991 (the Act). This Direction, which is subject to the legislative requirements outlined in section 41A(2) of the Act, mandates specific closures within the Northern Prawn Fishery to protect vital habitats and ensure sustainable fishing practices. Clause 6 of the Direction explicitly prohibits fishing in the areas detailed in Schedule 1, which are crucial for the juvenile growth phase of penaeid prawns, thereby safeguarding seagrass habitats and preventing the capture of undersize prawns. Additionally, Clause 6 also prohibits fishing in areas specified for research surveys investigating the impact of trawling on the benthos, ensuring the integrity of the research data. Under the Act, the Australian Fisheries Management Authority (AFMA) is obligated to consult with relevant stakeholders before issuing such a Direction, particularly with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishing Industry Pty Ltd (NPFI). This consultation process is crucial to ensure that the Direction aligns with the objectives of the Northern Prawn Fishery Management Plan 1995 (the Plan). Furthermore, the Direction must be registered on the Federal Register of Legislative Instruments, as stipulated in Clause 2, and it will cease to have effect on 31 March 2014 unless revoked earlier, as per Clause 3. Breach of the Direction, which prohibits fishing in the specified areas, may result in civil or criminal penalties. The specific penalties for such breaches are not detailed in the Direction itself but would be in accordance with the broader provisions of the Fisheries Management Act 1991. Violations could potentially incur significant fines and other legal consequences, reflecting the importance of adhering to the provisions designed to protect fishery resources and habitats.

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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.