Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to provide for the sustainable management of fisheries within Australia’s jurisdiction. The Act aims to balance the ecological, economic, and social objectives of fisheries management. The Australian Fisheries Management Authority (AFMA), acting under the authority of the Act, issued the Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018 to modify existing gear requirements in the Northern Prawn Fishery. This legislative instrument seeks to address concerns about bycatch and improve the sustainability of prawn fishing by updating the approved devices for Bycatch Reduction Devices (BRDs) and altering the mandatory usage of these devices. The Direction makes it compulsory for vessels to use either the Kon’s Covered Fisheye (KCF) or the FishEX70 BRD in at least half of their nets, with any other approved BRDs used in the remaining nets. The AFMA consulted with the Northern Prawn Fishery Industry Pty Ltd and the Northern Prawn Fishery Management Advisory Committee before issuing this Direction, ensuring industry input and support for the changes.

Scope and Application

The Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018, issued by the Australian Fisheries Management Authority (AFMA), amends the Northern Prawn Fishery (Gear Requirements) Direction No. 174 by adding the FishEX70 as an approved Bycatch Reduction Device (BRD) and modifying the conditions governing the use of BRDs. The Direction applies to all vessels permitted to fish in the Northern Prawn Fishery, which encompasses the waters off the coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian Fishing Zone. This Amendment Direction modifies the requirements for the use of BRDs by mandating that either the Kon’s Covered Fisheye (KCF) or the FishEX70 BRD must be used in at least half of a vessel’s nets, with any of the other approved BRDs permitted for the remaining nets. The Direction is a legislative instrument under the Legislative Instruments Act 2003 and is made under subsection 41A(3) of the Fisheries Management Act 1991, which allows AFMA to vary directions without the need for prior consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) or notification to concession holders. However, AFMA did consult with the Northern Prawn Fishery Industry Pty Ltd (NPFI) and NORMAC before issuing this Direction. The Direction is effective from the day after its registration on the Federal Register of Legislation.

Key Provisions

The Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018 (the Direction) primarily serves to amend the existing Northern Prawn Fishery (Gear Requirements) Direction No. 174 ((1)). Specifically, it introduces a new Bycatch Reduction Device (BRD), the FishEX70, into the list of approved devices for use in the fishery (Schedule 1). Additionally, it mandates that at least half of a vessel's nets rigged for fishing must incorporate either the Kon’s Covered Fisheye (KCF) or the FishEX70 BRD, while the remaining nets can use any other approved BRD (Schedule 1). This Direction is instrumental in refining the gear requirements within the fishery, aiming to enhance bycatch reduction strategies. The Direction imposes several obligations on the parties involved in the Northern Prawn Fishery. Primarily, it mandates that fishing vessels must use the specified BRDs in a prescribed proportion of their nets. This requirement is designed to ensure that bycatch reduction measures are effectively implemented across the fishery. Furthermore, the Direction necessitates compliance with the updated gear specifications, which includes integrating the newly approved FishEX70 BRD into the fishing operations. Vessel operators and concession holders are expected to adhere to these specifications to maintain the integrity and sustainability of the fishery. Non-compliance with the provisions set forth in the Direction may lead to various consequences. While the specific civil or criminal penalties are not detailed within the Direction itself, it is reasonable to infer that breaches could result in enforcement actions under the Fisheries Management Act 1991. Such actions might include fines, penalties, or other corrective measures deemed necessary by the Australian Fisheries Management Authority (AFMA). The maximum penalties for violations would align with those stipulated under the overarching legislation, which may include substantial financial penalties for non-compliance with fishing regulations. In summary, the Northern Prawn Fishery (Gear Requirements Amendment) Direction No. 176 2018 is a pivotal legislative instrument that introduces significant changes to the gear requirements within the Northern Prawn Fishery. It mandates the use of specified BRDs in fishing operations, imposes obligations on vessels and concession holders to comply with these specifications, and leaves the door open for potential enforcement actions in the event of non-compliance. The implications of these changes are intended to bolster the sustainability and ecological balance of the fishery, reflecting a commitment to responsible and regulated fishing practices.