EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery Management Plan 1995
Northern Prawn Fishery (Fishing Capacity) Determination 2025
Legislative Authority
Subsection 17(1) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) must, in writing, after consulting with appropriate parties and considering their presentations, determine plans of management for all fisheries. Under that subsection, AFMA had determined the Northern Prawn Fishery Management Plan 1995 (the Management Plan).
The Management Plan provides for two types of statutory fishing rights (SFRs); a Class B SFR, which is a right to use a boat in the Northern Prawn Fishery (NPF), and a gear SFR, which under section 7 of the Management Plan, is defined as a right to use a particular length of net for commercial fishing in the area of the NPF.
Under section 14 of the Management Plan a person who holds a Class B SFR and gear SFRs as provided for in the Management Plan may take prawns, squid, scampi, bugs and scallops (target species) from the NPF. Subsection 14(5) of the Management Plan also allows those holders to take other fish (bycatch) while conducting commercial fishing activities for the target species.
Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may determine, or provide for AFMA to determine the fishing capacity permitted for the NPF, or a part of the NPF, in respect of a particular period or periods.
Purpose
Subsection 7(1) of the Management Plan provides that the length of net allowed for each gear SFR is the length determined, by AFMA, under section 7A of the Management Plan. Under section 7A of the Management Plan, AFMA may determine the total amount of operational headrope for particular methods of fishing that may be used for each gear SFR held. Once those amounts are determined, under section 7 of the Management Plan, those amounts are divided by the number of SFRs in the NPF. This equates to the length of headrope operators are able to use when employing the different determined net configurations.
The Northern Prawn Fishery (Fishing Capacity) Determination 2025 (the Determination) determines the total amount of operational headrope for the following methods:
a) The total length of operational headrope for a twin trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2203.25 metres. This equates to 6.2 cm per gear statutory fishing right.
b) The total length of operational headrope for a twin tongue trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 1982.65 metres. This equates to 5.6 cm per gear statutory fishing right.
c) The total length of operational headrope for a triple trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 1982.65 metres. This equates to 5.6 cm per gear statutory fishing right.
d) The total length of operational headrope for a quad trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 1982.65 metres. This equates to 5.6 cm per gear statutory fishing right.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003 (see subsection 17(6B) of the Act).
In November 2025, the AFMA Commission approved a 31 per cent reduction in the total fishing capacity to be used in the fishery. This decision was based on the continuing poor economic performance of the NPF against the objectives set out in the Management Plan, the Northern Prawn Fishery Harvest Strategy 2024 and the Act.
In forming its decision, the Commission undertook consultation with Northern Prawn Fishery Management Advisory Committee (NORMAC). The Commission agreed that the fishery had been experiencing poor economic conditions over the last five years and that, while the performance of individual businesses may differ, the overall economic outlook continued to look depressed. The Commission proposed the changes to create more certainty for industry to support achievement of the fishery’s maximum economic yield in the 2026 season and beyond.
The Fishery
Fishing in the NPF is managed under the provisions of the Management Plan and associated legislative instruments.
The NPF is located off Australia’s northern coast, extending from Cape York Peninsula, Queensland, in the east to Cape Londonderry in Western Australia. The NPF covers approximately 771,000 square kilometres of the Australian fishing zone. The NPF is managed by the Commonwealth through AFMA under the Management Plan and an Offshore Constitutional Settlement Agreement with Queensland, the Northern Territory and Western Australia.
Banana, tiger and endeavour prawns are the main species targeted in the NPF using prawn trawl apparatus, but the commercial catch also includes other species such as scampi, bugs, scallops, and squid. The NPF is managed using input controls including spatial and temporal closures, limited entry and gear restrictions. The closures are put in place to protect nursery areas and juvenile prawns during the fishing seasons, and mid-season closures to protect pre-spawning prawns.
To operate, each trawler needs a Class B (boat) SFR and the appropriate number of gear SFRs to cover the amount of net that they wish to use. The gear SFR is set as a specified amount of headrope length, and the total number of gear SFRs in the NPF is restricted under the Management Plan with 35,479 currently issued in the NPF.
Consultation
Subsection 7A(2) of the Management Plan requires that before making a determination of the total operational headrope under subsection 7A(1) of the Management Plan, AFMA must consult with NORMAC and invite comments from interested persons.
NORMAC is established under section 56 of the Fisheries Administration Act 1991 and comprises an independent Chair, scientific members, a conservation member, industry and AFMA management. NORMAC met in July and October 2025 to discuss a potential effort reduction in the NPF, through a reduction in fishing capacity to address the profitability of the fishery, which has not been positive since 2019 and has resulted in under-utilisation of statutory fishing rights. Taking into consideration advice of NORMAC, the Commission determined in November 2025 that to support achievement of the fishery’s maximum economic yield, there be a 31% reduction in the headrope value of gear SFRs. This is consistent with the objective of maximising net economic returns to the Australian community from the management of fisheries under the Act.
In November 2025, the Northern Prawn Fishery Industry Pty Ltd and Northern Prawn Fishery SFR holders were also invited to comment on the new fishing capacity determination.
Regulation Impact Statement
The Office of Impact Analysis has advised that a Regulation Impact Statement is not required on the basis that AFMA is required to make decisions around total allowable effort limits under current regulatory settings and follow certain procedures when making those decisions (OIA23-06107).
Details of the Determination are set out in Attachment A.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Determination is compatible with the human rights and freedoms under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment B.
Attachment A
The Northern Prawn Fishery (Fishing Capacity) Determination 2025
Details of the Determination are set out below:
Section 1 provides the Determination is the Northern Prawn Fishery (Fishing Capacity) Determination 2025.
Section 2 provides the Determination commences on 16 June 2026.
Section 3 provides the Determination is made pursuant to paragraph 17(6)(aa) of the Act and under subsection 7A(1) of the Management Plan.
Section 4 defines relevant definitions for the Determination.
Note 1 explains a number of expressions used in the Determination are defined in the interpretation section of the Act including: boat and fishing.
boat means launch, vessel or floating craft of any description.
fishing means:
(a) searching for, or taking, fish; or
(b) attempting to search for, or take, fish; or
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(e) any operations at sea directly in support of, or in preparation for, any activity described in this definition; or
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(g) the processing, carrying or transhipping of fish that have been taken.
Note 2 explains a number of expressions used in the Determination are defined in the interpretation section of the Management Plan including: gear statutory fishing right, headrope, Northern Prawn Fishery area and operational headrope.
gear statutory fishing right means a statutory fishing right described in section 7 [of the Management Plan].
headrope, means for a prawn trawl net, means the rope to which the netting at the top of the net is attached at the mouth of the net.
Northern Prawn Fishery area means the area described in Schedule 1 [to the Management Plan].
operational headrope, for a prawn trawl net, means the part of the footrope of the net that lies between the 2 outermost points at which the netting at the bottom of the net is attached to the footrope.
Section 5 this instrument repeals itself on 15 June 2036.
Section 6(1) determines the total length of operational headrope for a twin trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2203.25 metres. This equates to 6.2 cm per gear statutory fishing right.
Section 6(2) determines the total length of operational headrope for a twin tongue trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 1982.65 metres. This equates to 5.6 cm per gear statutory fishing right.
Section 6(3) determines the total length of operational headrope for a triple trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 1982.65 metres. This equates to 5.6 cm per gear statutory fishing right.
Section 6(4) determines the total length of operational headrope for a quad trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 1982.65 metres. This equates to 5.6 cm per gear statutory fishing right.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Northern Prawn Fishery (Fishing Capacity) Determination 2025
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) may, after consultation with the Management Advisory Committee for and interested parties in the Northern Prawn Fishery, determine the fishing capacity for the Northern Prawn Fishery or part of the Fishery in respect of a particular period or periods.
The Northern Prawn Fishery (Fishing Capacity) Determination 2025 provides for the fishing capacity to be set within the Northern Prawn Fishery.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.