EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 1 2019
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (AFMA) may, after consultation with the Management Advisory Committee for the Fishery, direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods. Prior to making such a direction, AFMA must ensure that each holder of the fishing concession in the relevant fishery is provided with a copy of the direction seven (7) days before that direction takes effect. Direction No. 174 is a direction made under subsection 41A(2) made after consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and notification to NPF concession holders.
Subsection 41A(3) of the Management Act provides that AFMA may, at any time, vary or revoke a direction made under subsection 41A(2). Any variation direction under subsection 41A(3) is not made subject to the Management Advisory Committee consultation process and concession holder notification process as is required for a subsection 41A(2) direction.
The Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 1 2019 (the Amendment Direction) varies the Northern Prawn Fishery (Gear Requirements) Direction No. 174 (Direction No. 174) by varying the instrument to:
- update the specifications for approved Turtle Excluder Devices (TED) in the Northern Prawn Fishery (the Fishery) (clause 3 of Schedule 1 to the Amendment Direction); and
- add one new Bycatch Reduction Device (BRD) (known as the Toms Fisheye) to the list of approved devices that can be used in the Fishery (clause 5 of Schedule 1); and
- modify the specifications of one BRD (the Popeye Fishbox) when used in the tiger prawn season; and
- vary the conditions by which BRDs must be installed in nets rigged for fishing (clause 4 of Schedule 1). The conditions make it compulsory to use either the Kon’s Covered Fisheye (KCF), FishEX70, Popeye Fishbox (at 70 meshes from the codend drawstrings) or Toms Fisheye BRD in at least half of a vessel’s nets rigged for fishing when fishing in the tiger prawn season and any of the other approved BRDs in the remaining nets rigged for fishing. An approved BRD is required in all nets rigged for fishing at all other times.
The Amendment Direction is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
The Fishery
The Northern Prawn Fishery is an area of waters that extends from the coastline to the edge of the Australian Fishing Zone (200 nm offshore) north of Western Australia, the Northern Territory and Queensland in the Gulf of Carpentaria. 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. The area of the Fishery overlaps the areas of a number of fisheries for other species that are managed by Queensland, Western Australia and the Northern Territory.
The Fishery is managed by limiting the amount of fishing effort under the Northern Prawn Fishery Management Plan 1995 (the Plan). 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 within the fishing seasons), the amounts and types of fishing equipment and the number of boats in the Fishery.
The Direction
The Amendment Direction varies Direction No. 174 by amending the specifications of Turtle Excluder Devices (TED) approved for use in the fishery and by adding a new BRD, Toms Fisheye, to the list of approved devices that can be used in the Fishery and to vary the conditions by which BRDs must be installed in nets rigged for fishing. The Direction varies the conditions of the use of BRDs by making it compulsory to use use either the Kon’s Covered Fisheye (KCF), FishEX70, Popeye Fishbox (at 70 meshes from the coded drawstrings) or Toms Fisheye BRD in at least half of a vessel’s nets rigged for fishing when fishing in the tiger prawn season and any of the other approved BRDs in the remaining nets rigged for fishing. An approved BRD is required in all nets rigged for fishing at all other times.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for this instrument (OBPR ID 24786) as the proposal is likely to have no more than minor regulatory impacts on business, community organisations or individuals.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Chief Executive Officer of AFMA, as the relevant rule-maker, has assessed this legislative instrument under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as compatible with human rights. A Statement of Compatibility with Human Rights is included in this statement.
Consultation
Variations made under subsection 41A(3) of the Act do not require AFMA to consult. However, consistent with section 17 of the Legislation Act, AFMA consulted with the Northern Prawn Fishery Industry Pty Ltd (NPFI) and the NORMAC prior to making the Amendment Direction. NPFI is the peak industry body and represents approximately 95% of the concession holders in the Fishery. NPFI keep all concession holders in the Fishery informed on matters relating to the management of the Fishery. NPFI and NORMAC support the changes to TED and BRD specifications and support the making of the Amendment Direction.
Details of the Direction are set out below:
Section 1 Provides for the Direction to be cited as the Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 1 2019.
Section 2 Provides that the Direction commences on the day after registration on the Federal Register of Legislation.
Section 3 Provides that this Direction is made under subsection 41A(3) of the Fisheries Management Act 1991.
Section 4 Gives effect to Schedule 1.
Schedule 1 Schedule 1 outlines the variations to Direction No. 174.
Clause 1 Replaces the definition of “By-Catch Reduction Device” to provide that the hyphen in Bycatch is removed to be consistent with accepted terminology.
Clause 2 Replaces the definition of “forward edge” to provide that the hyphen in the word Bycatch is removed to be consistent with accepted terminology.
Clause 3 Replaces the definition of “Turtle Excluder Device” to provide that device escape openings must be completely clear of any obstruction or modifications, including sewing a rope along the ‘horizontal cut’.
Clause 4 Replaces subsection 6.1A of Direction No. 174 with a new subsection 6.1A. This new subsection provides that certain types of BRDs must be installed in a concession holder’s nets rigged for fishing during different times of the year.
Clause 5 Replaces subsection 6.1B of Direction No. 174 with new subsections 6.1B and 6.1C. These new subsections provide that certain types of BRDs must be installed in a concession holder’s nets rigged for fishing during different times of the year.
Clause 6 Inserts new clause 6.1D into Subsection 6.1 of Direction No. 174. That clause provides a definition of what is meant by ‘a net is rigged for fishing’ referred to in subsection 6.1B.
Clause 7 Inserts new clauses 3 and 4 into Schedule 4 of Direction No. 174. Those clauses provide for one new approved BRD and one modified BRD. Those BRDs are:
- the ‘Toms Fisheye’ which is one escape opening device installed in a net rigged for fishing to the following specification at 60 meshes from the codend drawstring for which the escape opening device has the following characteristics prior to being installed in a net rigged for fishing:
a) a vertical escape opening held open by a rigid frame that supports a rigid enclosed cone; and
b) an escape opening measuring no less than 360 mm wide by 200 mm high and must face the codend; and
c) a rigid cone measuring no less than 340 mm wide by 185 mm high by 290 mm in length fixed to the rigid frame; and
d) with an escape gap between the rigid frame and rigid cone of 94 mm; and
e) with an escape gap clear of any obstructions (including mesh ties).
- the ‘Popeye Fishbox’ which is one device located at 70 meshes from the codend drawstrings that has the following characteristics:
a) a vertical escape opening held open by a rigid frame; and
b) an escape opening measuring no less than 375 mm wide x 375 mm; and
c) a rigid foil positioned at the forward edge of the BRD no less than 200 mm in depth; and
d) no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations.