Northern Prawn Fishery (Closures) Direction No. 163

Overview

The Northern Prawn Fishery (Closures) Direction No. 163, enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, aims to address the need for managing fishing activities in the Northern Prawn Fishery to ensure sustainability and protect ecologically sensitive periods such as spawning. This legislative instrument was introduced to provide clear guidelines on the closure of specific fishing areas during particular periods to safeguard the prawn population and related species. AFMA, as the enacting body, exercised its authority to issue this direction following consultations with the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishing Industry Pty Ltd, in line with the co-management policy and the relevant memorandum of understanding. The primary policy objective is to balance ecological conservation with sustainable fishing practices, ensuring that fishing activities do not adversely impact the reproductive cycles and overall health of the prawn stocks. The Direction revokes the previous Northern Prawn Fishery (Closures) Direction No. 160 and sets new boundaries and periods for closures to better align with the latest scientific data and management needs. It specifies the prohibited fishing areas and periods, allowing for exemptions in certain transit corridors and for gear trials, thereby maintaining operational flexibility while enforcing ecological protections. This measure is part of AFMA's broader strategy to manage the fishery sustainably, ensuring long-term viability and ecological balance within the fishery.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 163 applies to all persons involved in commercial fishing activities within the specified areas of the Northern Prawn Fishery. This includes individuals and entities permitted to fish under the Northern Prawn Fishery Management Plan 1995. The Direction aims to protect spawning prawns and small prawns during the first fishing season and to protect stock during mid-season spawning periods. Geographically, the Direction applies to the Northern Prawn Fishery, which spans 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 Direction revokes the previous Northern Prawn Fishery (Closures) Direction No. 160, which was in effect prior to the issuance of this new Direction. Exemptions are provided for persons navigating in an exempt transit corridor and for those carrying out gear trials in accordance with Direction No. 162. The Direction is a legislative instrument created under the Fisheries Management Act 1991, and it is subject to consultation requirements as outlined in the co-management policy and memorandum of understanding between the Australian Fisheries Management Authority (AFMA) and the Northern Prawn Fishing Industry Pty Ltd (NPFI).

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 163, under the Fisheries Management Act 1991, establishes specific provisions to manage and protect the Northern Prawn Fishery (sections 1-8). This Direction, issued by the Australian Fisheries Management Authority (AFMA), outlines areas that are closed to commercial fishing (section 6) and details the boundaries and periods during which fishing is prohibited to safeguard spawning and small prawns. Clause 6 prohibits commercial fishing in certain areas delineated in Schedules 1 to 11 for specified periods, while Clause 7 allows exemptions for transit navigation in designated corridors and for conducting gear trials as per Northern Prawn Fishery (Closures) Direction No. 162. This Direction revokes the previous Northern Prawn Fishery (Closures) Direction No. 160, ensuring that updated regulations are in effect. The Direction imposes several obligations on the parties involved. AFMA must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishing Industry Pty Ltd (NPFI) on the content of the Direction, unless it is issued under emergency circumstances (section 41A(2)). Additionally, AFMA must adhere to the co-management policy and memorandum of understanding with NPFI, ensuring consultation on all operational matters, including the issuance of Directions (section 41A(2)). NPFI, in turn, must support the making of the Direction as evidenced by their consultation and agreement on the current Direction (Clause 6). Failure to comply with the provisions of the Direction may result in civil or criminal penalties. Engaging in commercial fishing within the closed areas during the specified periods is an offence under the Fisheries Management Act 1991. The penalties for such violations can include substantial fines and, in severe cases, imprisonment. The specific penalties are determined by the relevant courts based on the nature and severity of the breach but are subject to the maximum penalties prescribed by the Act. Additionally, any activities that contravene the Direction without the appropriate exemptions or approvals may also result in enforcement actions by AFMA.