Northern Prawn Fishery (Closures Variation) Direction No. 1 2016

Overview

The Northern Prawn Fishery (Closures Variation) Direction No. 1 2016 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This direction aims to address the management of the Northern Prawn Fishery, which is critical to maintaining sustainable fishing practices and ensuring the long-term viability of prawn stocks. By amending the Northern Prawn Fishery (Closures) Direction No. 171, the new direction imposes additional area closures for specified times within the fishery, responding to the variable nature of banana prawn recruitment and the economic considerations of the fishery. The primary objective of the Direction is to achieve maximum net economic returns to the Australian community while ensuring that fishing activities remain sustainable. This measure is enacted without the need for additional consultation, as it falls under the existing legislative framework, but AFMA has nonetheless consulted with relevant industry stakeholders. The Direction is consistent with AFMA’s legislative mandate to manage fisheries in a manner that maximises economic benefits while safeguarding the ecological balance. The closures are set to take effect upon registration on the Federal Register of Legislative Instruments, ensuring timely implementation and compliance by fishery stakeholders. This legislative action underscores the importance of adaptive management strategies in responding to dynamic environmental conditions and economic factors within Australia's fisheries sector.

Scope and Application

The Northern Prawn Fishery (Closures Variation) Direction No. 1 2016, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, applies to holders of fishing concessions in the Northern Prawn Fishery, as well as any person acting on behalf of such holders. This Direction amends the previous Northern Prawn Fishery (Closures) Direction No. 171, introducing additional area closures for specified periods within the Northern Prawn Fishery, which spans 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. The primary aim of this Direction is to implement closures based on a maximum economic yield (MEY) catch trigger for banana prawns, which was triggered on 7 June 2016, resulting in the closure of the fishery west of 138 degrees (Northern Territory waters) and restricting daylight trawling east of 138 degrees (Queensland waters) between 8 am and 6 pm. However, outside these closures, access to the tiger prawn fishery remains available until 15 June 2016. The measures imposed by this Direction commence upon registration on the Federal Register of Legislative Instruments and are designed to align with AFMA’s legislative objectives of maximising net economic returns to the Australian community.

Key Provisions

The Northern Prawn Fishery (Closures Variation) Direction No. 1 2016, pursuant to subsection 41A(2) of the Fisheries Management Act 1991, mandates specific closures and variations in the Northern Prawn Fishery. Under subsection 41A(3), the Australian Fisheries Management Authority (AFMA) is empowered to direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during specified periods. This direction is further amended or revoked through a written instrument without needing to undergo the consultation process outlined in subsection 41A(2) and 41A(2A). However, when varying a direction, AFMA must ensure that a copy of the new direction is sent to the holder of a fishing concession as soon as practicable, as per subsection 41A(4). The Northern Prawn Fishery (Closures Variation) Direction No. 1 2016 imposes specific obligations on holders of fishing concessions and persons acting on their behalf. The direction mandates that fishing activities are to cease in certain areas and during specified times. Specifically, as of 7 June 2016, the banana prawn fishery must be entirely closed west of 138 degrees (Northern Territory waters) and closed to daylight trawling east of 138 degrees (Queensland waters) between 8 am and 6 pm. These measures are designed to protect the banana prawn stock and align with the maximum economic yield (MEY) based banana prawn catch trigger. Outside these closures, fishing for tiger prawns continues until 15 June 2016. The Direction imposes specific requirements on fishing activities within the Northern Prawn Fishery to ensure compliance with AFMA's legislative objectives. Any breach of the provisions set out in this Direction may result in penalties as outlined in the Fisheries Management Act 1991. The penalties for non-compliance can include fines and potential legal actions, although the exact penalties are not specified in this Direction. The measures imposed by the Direction commence upon registration on the Federal Register of Legislative Instruments. Consultation with relevant stakeholders, such as the Northern Prawn Fishery Industry Pty Ltd, has been undertaken, although it is not a statutory requirement under the Fisheries Management Act 1991. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not necessary for this instrument. Additionally, a Statement of Compatibility has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirming that the Direction does not infringe on any applicable rights or freedoms.