Northern Prawn Fishery (Early Closure) Direction No. 175

Administered by Department of Agriculture

Legislation au F2017L01453 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the

Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Northern Prawn Fishery (Early Closure) Direction No. 175

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 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 (Early Closure) Direction No. 175 (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 2 November 2017 the decision rule requirements to close the tiger prawn fishery has now been triggered (as informed by industry (NPFI).  Therefore the tiger prawn fishery needs to be totally closed for the rest of the season.

The Direction

The Direction varies the Northern Prawn Fishery (Closures) Direction No. 171.  The variation provides for additional area closures for specified times within the Fishery. 

The NPF Harvest Strategy 2014 includes a maximum economic yield (MEY) based tiger prawn catch trigger used to calculate the length of the tiger 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 of tiger prawn recruitment results in significant variations in stock availability from year to year, and therefore this decision rule allows AFMA to close the tiger prawn fishery once the MEY threshold is reached.

The decision rule was triggered on 2 November 2017 and the requirement to close the tiger prawn fishery has now been triggered as informed by industry (NPFI).  Therefore this Direction closes the fishery area for the remainder of the tiger prawn season.

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 Legislation.

 

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 provided a standing carve out to AFMA (OBPR No. 14421) recognising that setting the opening and closing dates for a fishing season is a machinery decision under current regulatory settings and follows established procedures. 

 

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 (Early Closure) Direction No. 175.

Clause 2

Provides that the Direction commences on the day after it is registered on the Federal Register of Legislation.

Clause 3

 

Clause 4

 

Provides that the Direction is repealed on 1st December 2017 unless earlier revoked.

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 5

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 6

Varies the Northern Prawn Fishery (Closures) Direction No.171 by closing the fishery early.  

 

 

 

 

 

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, establishes the legal framework for the management of fisheries in Australian waters. This legislation was introduced to address the need for sustainable management of fish stocks and to ensure that fishing activities do not harm marine ecosystems. The Australian Fisheries Management Authority (AFMA), under the authority of this Act, aims to achieve maximum net economic returns to the Australian community while ensuring the sustainability of fish stocks. In line with this policy objective, the Northern Prawn Fishery (Early Closure) Direction No. 175 was issued by AFMA to implement early closures of the Northern Prawn Fishery due to the triggering of a maximum economic yield-based catch threshold. This measure ensures that the fishery is managed sustainably and economically, reflecting the high variability in tiger prawn recruitment and stock availability. The Direction, which does not require consultation as per the Act, aligns with AFMA's mandate to balance ecological sustainability with economic benefits.

Scope and Application

The Northern Prawn Fishery (Early Closure) Direction No. 175, issued by the Australian Fisheries Management Authority (AFMA), applies to holders of fishing concessions in the Northern Prawn Fishery and any persons acting on their behalf. The Fishery extends from the northern coast of Western Australia, through the Northern Territory, and into Queensland in the Gulf of Carpentaria, up to the outer limit of the Australian Fishing Zone, encompassing prawns and four major ecologically related species. This direction varies the Northern Prawn Fishery (Closures) Direction No. 171 by imposing additional area closures for specified times within the Fishery. The closure was triggered by the maximum economic yield (MEY) based tiger prawn catch threshold, calculated in-season by the Northern Prawn Fishery Industry Pty Ltd (NPFI), which determines the length of the tiger prawn fishing season. The Direction is consistent with AFMA’s legislative objectives under the Fisheries Management Act 1991 to maximise net economic returns to the Australian community. Although consultation is not required under subsection 41A(3) of the Management Act, AFMA has consulted with NPFI in relation to this Direction. The measures imposed by the Direction commence upon registration on the Federal Register of Legislation and the Direction will be repealed on 1st December 2017 unless earlier revoked.

Key Provisions

The main operative sections of the Northern Prawn Fishery (Early Closure) Direction No. 175 (the Direction) vary the Northern Prawn Fishery (Closures) Direction No. 171, with specific references to clauses 2 to 5. Clause 2 specifies the commencement date of the Direction as the day after it is registered on the Federal Register of Legislation. Clause 3 sets the Direction's expiry date as 1 December 2017, unless earlier revoked. Clause 4 clarifies that terms used in the Direction that are defined in the Northern Prawn Fishery Management Plan 1995 and the Fisheries Management Act 1991 (the Management Act) retain their meanings from those documents. Clause 5 extends the application of the Direction to holders of fishing concessions in the fishery and to persons acting on behalf of such holders. Clause 6 is the substantive provision, varying Direction No. 171 to close the fishery early, triggered by the maximum economic yield (MEY) catch threshold for tiger prawns. The Direction imposes obligations on holders of fishing concessions in the Northern Prawn Fishery and those acting on their behalf. These obligations include compliance with the new early closure provisions set out in Clause 6. Specifically, they must cease fishing activities in the specified areas for the remainder of the season as mandated by the Direction. The Direction also mandates that any fishing effort must align with the updated management plan provisions and the overarching objectives of the Management Act, which aims to maximise net economic returns to the Australian community. Breaches of the provisions outlined in the Direction may lead to civil or criminal penalties as stipulated under the Fisheries Management Act 1991. The Management Act provides for substantial fines and potential imprisonment for violations of its provisions. For instance, under Section 429 of the Act, a person found guilty of contravening a direction under the Act may be liable to a penalty of up to 500 penalty units for an individual and up to 2,500 penalty units for a body corporate. Additionally, under Section 430, a person found guilty of an offence against the Act may be subject to imprisonment for up to two years. These penalties underscore the seriousness with which the Act treats non-compliance with its provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.