EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery (Closures Variation) Direction No. 1 2016
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides 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(3) of the Management Act provides that AFMA may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2). A direction given under subsection 41A(3) of the Management Act is not subject to the notification requirements under section 41A(2) and 41A(2A).
Pursuant to subsection 41A(4) of the Management Act, if AFMA varies a direction given under subsection 41A(2) it must ensure a copy of the direction given under subsection (3) is sent to the holder of a fishing concession in respect of the fishery as soon as practicable.
The Northern Prawn Fishery (Closures Variation) Direction No. 1 2016 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003.
The Fishery
The Northern Prawn 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 commonly 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 and the number of boats in the Fishery.
As of 7 June 2016 the decision rule requirements to close the banana prawn fishery has now been triggered (as informed by industry (NPFI). Therefore the banana prawn fishery needs to be totally closed west of 138 degrees (NT waters) and closed to daylight trawling east of 138 degrees (QLD waters) between 8 am and 6 pm. Outside this closure there is continued access to the tiger prawn fishery until 15 June 2016.
The Direction
The Direction amends the Northern Prawn Fishery (Closures) Direction No. 171. The amendment provides for additional area closures for specified times within the Fishery.
The NPF Harvest Strategy 2014 includes a maximum economic yield (MEY) based banana prawn catch trigger used to calculate the length of the banana prawn fishing season. This trigger is variable and is calculated in-season, based on economic data provided by the peak industry body for the fishery, NPF Industry Pty Ltd (NPFI). The high variability and environmental dependency of banana prawn recruitment results in significant variations in stock availability from year to year, and therefore this decision rule allows AFMA to close the banana prawn fishery once the MEY threshold is reached (noting the NPF is still open to target tiger prawns).
The decision rule was triggered on 7 June 2016 and the requirement to close the banana prawn fishery has now been triggered as informed by industry (NPFI). Therefore this Direction closes the fishery area to all fishing west of 138 degrees (NT waters) and closes the fishery area to daylight trawling east of 138 degrees (QLD waters) between 8 am and 6 pm. Outside these closures there is continued access to the tiger prawn fishery until 15 June 2016.
The Direction is consistent with AFMA’s legislative objectives under the Management Act to maximise net economic returns to the Australian community.
The measures imposed by the Direction commence upon registration on the Federal Register of Legislative Instruments.
Consultation
The Direction is made under subsection 41A(3) of the Management Act, therefore no consultation is required. However, AFMA has consulted with the Northern Prawn Fishery Industry Pty Ltd in relation to the Direction.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this instrument (OBPR ID: 20942).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Accordingly, in AFMA’s assessment, this legislative instrument is compatible with human rights and a declaration is attached.
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as the Northern Prawn Fishery (Closures Variation) Direction No. 1 2016. |
Clause 2 | Provides that the Direction commences upon registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that terms used in the Direction that are defined in the Northern Prawn Fishery Management Plan 1995 (the Plan) and the Fisheries Management Act 1991 (Management Act), and have the same meanings they have in the Plan and Management Act. |
Clause 4 | Provides that the Direction applies to a holder of a fishing concession in the Fishery and to a person acting on behalf of the holder. |
Clause 5 | Varies the Northern Prawn Fishery (Closures) Direction No.171 by amending Clause 7 of the instrument. |