EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery (Gear Requirements Variation) Direction No. 175
The Direction is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (the Authority) may, after consultation with the relevant 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.
Subsection 41A(3) of the Management Act provides that the Authority 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, 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.
The Direction
This Direction (Direction No. 175) varies the Northern Prawn Fishery (Gear Requirements) Direction No. 174 (Direction No. 174) by clarifying that fishing is not to be engaged in in the NPF, by providing an exemption from the prohibition against fishing where a specified By-catch Reduction Device (BRD) is installed, and to vary the minimum specifications for one such BRD, the “Kon’s Covered Fisheye” (KCF).
Regulation Impact Statement
The Office of Best Practice Regulation provided a standing carve out to AFMA (OBPR No. 14421) recognising that the continuation of a requirement to use a turtle or seal excluder device in a fishery 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 the Authority’s assessment, this legislative instrument is compatible with human rights.
Consultation
Nothwithstanding that Directions under subsection 41A(3) of the Management Act do not require the Authority to consult, AFMA consulted with the Northern Prawn Industry Pty Ltd (NPFI) prior to making this Direction in line with section 17 of the Legislation Act. NPFI is the peak industry bodfy and represents approximately 95% of fishing concession holders in the Northern Prawn Fishery. NPFI support the making of this Direction.
The Authority will advise all fishing concessions holders of this Direction within 7 days of the Direction being registered, consistent with subsection 41A(4) of the Management Act.
Details of the Direction are set out below:
Clause 1 Provides for the Direction to be cited as the Northern Prawn Fishery (Gear Requirements Variation) Direction No. 175.
Clause 2 Provides that the Direction commences on the day after registration on the Federal Register of Legislative Instruments.
Clause 3 Provides that this Direction amends the Northern Prawn Fishery (Gear Requirements) Direction 174 as outlined in Schedule 1.
Schedule 1 Schedule 1 outlines the variations to Direction No. 174