Northern Prawn Fishery (Early Closure) Direction No. 173

Overview

The Northern Prawn Fishery (Early Closure) Direction No. 173 was enacted under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA) to address the issue of managing the Northern Prawn Fishery effectively in response to fluctuating stock levels. The Northern Prawn Fishery, which encompasses areas along the coasts of Western Australia, the Northern Territory, and Queensland, is subject to seasonal closures to balance biological sustainability and economic objectives. The direction was necessitated by the triggering of a decision rule on 2 November 2016, indicating that the tiger prawn fishery should be entirely closed for the remainder of the season to prevent overfishing and ensure the long-term viability of the stock. This legislative instrument is consistent with AFMA's objective to maximise net economic returns to the Australian community, while also safeguarding the fishery's ecological integrity. AFMA has ensured that this direction is compatible with human rights, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Northern Prawn Fishery (Early Closure) Direction No. 173, made under the Fisheries Management Act 1991, applies to holders of fishing concessions in the Northern Prawn Fishery and to any person acting on behalf of those holders. This direction is part of a Commonwealth legislative instrument issued by the Australian Fisheries Management Authority (AFMA) to manage the Northern Prawn Fishery, which extends from the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria to the outer limit of the Australian Fishing Zone. The Direction specifically targets the early closure of the fishery due to a decision rule triggered on 2 November 2016, which was informed by the peak industry body, Northern Prawn Fishery Industry Pty Ltd (NPFI). This closure is necessary to maintain the maximum economic yield (MEY) based tiger prawn catch trigger, which is variable and calculated in-season based on economic data. The measures imposed by this Direction become effective upon registration on the Federal Register of Legislative Instruments and remain in effect until 1 January 2017, unless earlier revoked. The Direction is made under subsection 41A(3) of the Management Act and therefore does not require consultation, though AFMA has engaged with NPFI regarding its contents.

Key Provisions

The Northern Prawn Fishery (Early Closure) Direction No. 173 (the Direction) under the Fisheries Management Act 1991 (the Management Act) establishes specific provisions for the early closure of certain parts of the Northern Prawn Fishery. Section 41A(2) of the Management Act allows the Australian Fisheries Management Authority (AFMA) to direct that fishing in a particular part of the fishery must cease for a specific period, and section 41A(3) allows for the variation or revocation of such a direction at any time. This Direction, which varies the Northern Prawn Fishery (Closures) Direction No. 171, is implemented to address the management needs of the fishery, particularly in light of the maximum economic yield (MEY) based tiger prawn catch trigger. This trigger, calculated in-season by NPF Industry Pty Ltd (NPFI), mandates the closure of the tiger prawn fishery once the MEY threshold is reached. The Direction imposes specific obligations on parties governed by it, including holders of fishing concessions and their representatives. Clause 5 of the Direction clearly states that it applies to both the holders of fishing concessions in the fishery and to any person acting on behalf of the holder. Clause 6 then specifies the variation to Direction No. 171 by mandating an early closure of the fishery. This early closure is intended to manage the fishery sustainably and economically, aligning with AFMA's legislative objectives to maximise net economic returns to the Australian community. Furthermore, Clause 2 specifies that the Direction commences on the day after its registration on the Federal Register of Legislative Instruments, and Clause 4 states that the Direction will be repealed on 1 January 2017 unless earlier revoked. Breaches of the provisions set out in the Direction may result in various consequences. While specific offences and penalties are not detailed within the Direction, violations of the Management Act or associated regulations may result in civil or criminal penalties. These penalties can include fines and imprisonment, depending on the severity of the breach. It is essential for parties subject to the Direction to comply fully to avoid any legal repercussions. Additionally, Clause 3 ensures that the Direction is repealed on 1 January 2017 unless earlier revoked, providing a clear timeline for its operational scope.