Northern Prawn Fishery (Closures) Direction No. 168

Overview

The Northern Prawn Fishery (Closures) Direction No. 168 was enacted in 2014 by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This legislative instrument aims to address the need for protecting prawn stocks during critical periods of the fishing season, particularly focusing on spawning and the safeguarding of small prawns. AFMA, in exercising its authority under the Act, mandated specific closures in certain areas of the Northern Prawn Fishery to ensure sustainable fishing practices. The Direction was formulated after consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI), reflecting a collaborative approach in fishery management. The policy objective is to maintain the ecological balance of the fishery while supporting its economic viability. The Direction, which revokes the previous Northern Prawn Fishery (Closures) Direction No. 165, sets out detailed closure boundaries to prevent fishing in specific areas during the first fishing season and includes a broader mid-season closure to protect the prawn stock. This measure was deemed necessary to align with both biological and economic objectives of the fishery, ensuring the long-term sustainability of prawn populations. The regulatory impact statement indicated that no further assessment was required as the changes were considered minor. AFMA has also affirmed the Direction’s compatibility with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Northern Prawn Fishery (Closures) Direction No. 168 applies to all persons and entities involved in commercial fishing within the specified areas of the Northern Prawn Fishery, which encompasses parts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, up to the outer limit of the Australian Fishing Zone. This includes those fishing for prawns and four ecologically related species: squid, scampi, bugs, and scallops. The Direction is applicable to all activities conducted within the specified closed areas during the designated periods to ensure compliance with the closures aimed at protecting spawning and small prawns during the first fishing season and providing a broader mid-season closure to safeguard stock before and during spawning periods. The Australian Fisheries Management Authority (AFMA), which issues the Direction under the Fisheries Management Act 1991, ensures thorough consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and the Northern Prawn Fishery Industry Pty Ltd (NPFI) as part of the co-management arrangements. This legislative instrument ceases to have effect on 31 December 2014 unless revoked earlier. The Direction revokes the previous Northern Prawn Fishery (Closures) Direction No. 165, effective from its commencement. It sets out specific closures to protect critical prawn habitat and ensure sustainable fishing practices. Exemptions are provided for persons navigating through specified transit corridors and those carrying out gear trials in accordance with Northern Prawn Fishery (Closures) Direction No. 167. The closures and exemptions are detailed in the schedules to the Direction, ensuring clear guidance on the areas affected and the conditions under which exceptions are allowed. This Direction is a critical component in the management of the Northern Prawn Fishery, balancing ecological sustainability with economic viability.

Key Provisions

The Northern Prawn Fishery (Closures) Direction No. 168, issued under the Fisheries Management Act 1991, specifies certain areas within the Northern Prawn Fishery (the Fishery) that are closed to commercial fishing during particular periods (clause 6). This is intended to protect prawns, especially during spawning and when they are small, and to provide broader mid-season closures to safeguard the stock prior to and during spawning periods (clause 5). The closure boundaries are detailed in Schedules 1 to 11. The Direction also contains an exemption for certain activities such as navigating in an exempt transit corridor and conducting gear trials, as outlined in clause 7 and Northern Prawn Fishery (Closures) Direction No. 167. Furthermore, this Direction revokes the previous Northern Prawn Fishery (Closures) Direction No. 165, effective from the date of its commencement (clause 8). Under the Act, the Australian Fisheries Management Authority (AFMA) must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing a Direction, unless it is an emergency situation (subsection 41A(2)). The Direction applies to all commercial fishing activities within the specified areas and periods unless an exemption applies (clause 5). The Authority must ensure compliance with the closures and exemptions as stipulated in the Direction. A breach of the Direction may result in civil or criminal penalties. Civil penalties may be imposed for non-compliance, with the exact nature and amount of penalties determined by the relevant legislation. Criminal penalties may apply for more serious breaches, potentially leading to fines and imprisonment. The maximum penalties are not specified in the Direction but are generally outlined in the Fisheries Management Act 1991 or other related legislation. Compliance with the Direction is crucial to avoid these consequences and to ensure the sustainable management of the Northern Prawn Fishery.