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. 176 2018
This Direction varies the Northern Prawn Fishery (Gear Requirements) Direction No. 174 (Direction No. 174) by adding a new Bycatch Reduction Device (BRD) to the list of approved devices that can be used in the Northern Prawn Fishery (the Fishery). It also varies the conditions with respect to the use of BRDs by making it compulsory to use either the Kon’s Covered Fisheye (KCF) or the FishEX70 BRD in at least half of a vessel’s nets rigged for fishing and any of the other approved BRDs in the remaining nets rigged for fishing.
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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 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. 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 within the fishing seasons), the amounts and types of fishing equipment and the number of boats in the Fishery.
The Direction
This Direction varies Direction No. 174 by adding a new BRD, the FishEX70, 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 either the KCF or the FishEX70 in at least half of a vessel’s nets rigged for fishing and any of the other approved BRDs in the remaining nets rigged for fishing.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for this instrument (OBPR ID 21895) consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
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 2003, AFMA consulted with the Northern Prawn Fishery Industry Pty Ltd (NPFI) and the NORMAC prior to making the 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 instigated the development of the new BRD, the FishEX70, and the amendments to requirements concerning the KCF, and support the making of the Direction.
Details of the Direction are set out below:
Clause 1 Provides for the Direction to be cited as the Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018.
Clause 2 Provides that the Direction commences on the day after registration on the Federal Register of Legislation.
Clause 3 Provides that this Direction is made under subsection 41A(3) of the Fisheries Management Act 1991.
Schedule 1 Schedule 1 outlines the variations to Direction No. 174