EXPLANATORY STATEMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery (Closures) Direction No. 164
Mid Season Closure
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 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 contract between AFMA and NPFI.
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. 164 (the Direction) sets out a mid-season closure to protect stock prior to and during spawning periods between fishing seasons in the Northern Prawn Fishery.
The Direction revokes the Northern Prawn Fishery (Closures) Direction No. 163.
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. 164.
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 December 2013 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 commercial fishing in areas of the fishery detailed in Schedules 1 and 2, during certain periods.
Clause 7 Revokes NPF Direction No. 163.
Schedules 1 and 2 Describe the areas that are closed to fishing referred to in clause 6.
Overview
The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, aims to provide for the sustainable management of fisheries resources within Australia’s jurisdiction, ensuring the long-term sustainability of fish stocks while balancing economic and social needs. The Northern Prawn Fishery (Closures) Direction No. 164, issued by the Australian Fisheries Management Authority (AFMA) under the authority of the Act, seeks to address a gap in managing the Northern Prawn Fishery by imposing a mid-season closure to protect prawn stocks during critical spawning periods. This Direction is in line with the policy objective of maintaining the health and productivity of the fishery, ensuring that fishing activities do not adversely affect the ecological balance and future yield of the prawn stocks. AFMA is mandated to consult with relevant stakeholders, including the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishery Industry Pty Ltd, before issuing such Directions, ensuring a collaborative approach to fishery management.
Scope and Application
The Northern Prawn Fishery (Closures) Direction No. 164 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Direction applies to all persons and entities permitted to engage in commercial fishing within the Northern Prawn Fishery (the Fishery), which spans the northern coasts of Western Australia, the Northern Territory, and Queensland, extending to the outer limit of the Australian Fishing Zone. The Direction is designed to manage fishing activities within the Fishery, particularly to enforce a mid-season closure to protect prawn stocks during critical spawning periods. This Direction revokes the previous Northern Prawn Fishery (Closures) Direction No. 163, which had established different fishing restrictions. The AFMA is mandated to consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and the Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing such Directions, unless in emergency circumstances. The Direction, which commences the day after its registration on the Federal Register of Legislative Instruments and ceases on 31 December 2013 unless revoked earlier, prohibits commercial fishing in specified areas of the Fishery during particular periods to safeguard the ecological balance and sustainability of the fishery.
Key Provisions
The Northern Prawn Fishery (Closures) Direction No. 164 (the Direction) under the Fisheries Management Act 1991, establishes a mid-season closure to safeguard prawn stocks before and during their spawning periods between the fishing seasons in the Northern Prawn Fishery. Clause 5 specifies that the Direction applies to all persons who are permitted to fish in the Northern Prawn Fishery under the Northern Prawn Fishery Management Plan 1995. Clause 6 mandates that commercial fishing is prohibited in specific areas of the fishery, as detailed in Schedules 1 and 2, during certain periods. The Direction, outlined in Clause 2, takes effect the day after its registration on the Federal Register of Legislative Instruments and remains in force until 31 December 2013, unless revoked earlier, as per Clause 3. Clause 4 ensures that terms used in both the Direction and the Plan have the same meaning. Clause 7 revokes the previous Northern Prawn Fishery (Closures) Direction No. 163.
The obligations imposed by the Direction on those subject to it include adhering to the specified closures and prohibitions on commercial fishing in the designated areas during the outlined periods. This entails refraining from any fishing activities in the areas listed in Schedules 1 and 2 for the durations mentioned. The Direction also requires compliance with all other conditions and requirements stipulated in the Northern Prawn Fishery Management Plan 1995. Additionally, the Australian Fisheries Management Authority (AFMA) must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and the Northern Prawn Fishing Industry Pty Ltd (NPFI) before issuing the Direction, unless it is issued in an emergency.
Breaches of the Northern Prawn Fishery (Closures) Direction No. 164 can lead to serious consequences. Under subsection 41A(2) of the Fisheries Management Act 1991, any person who engages in fishing in a closed area or during a prohibited period may be subject to penalties. The specific penalties for non-compliance are not detailed in the Direction but would typically be determined in accordance with the provisions of the Fisheries Management Act 1991. These could include fines and, in more severe cases, criminal charges. The exact penalties would be decided by the relevant authorities based on the nature and extent of the breach.