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
Overview
The Northern Prawn Fishery (Gear Requirements Variation) Direction No. 175, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, aims to address gaps in the Northern Prawn Fishery's management by clarifying certain gear requirements and introducing exemptions for specified By-catch Reduction Devices (BRDs). This legislative instrument, enacted to improve the efficiency and sustainability of the fishery, provides an exemption from the prohibition against fishing where a specified BRD is installed and varies the minimum specifications for one such BRD, the "Kon’s Covered Fisheye" (KCF). Although the Authority was not required to consult under subsection 41A(3) of the Act, AFMA consulted with the Northern Prawn Industry Pty Ltd (NPFI), the peak industry body, which supported the making of this Direction. The Direction is compatible with human rights, according to the Authority’s assessment, and will be communicated to all fishing concession holders within seven days of its registration.
The Authority issued this Direction in line with section 17 of the Legislation Act and under the authority provided by the Fisheries Management Act 1991. The Office of Best Practice Regulation provided a standing carve-out to AFMA, 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. The Direction 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, and is therefore considered compatible with human rights. The Direction is set to commence on the day after its registration on the Federal Register of Legislative Instruments and will amend the Northern Prawn Fishery (Gear Requirements) Direction 174 as outlined in Schedule 1.
Scope and Application
The Northern Prawn Fishery (Gear Requirements Variation) Direction No. 175 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Direction applies to the Northern Prawn Fishery, which encompasses the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian Fishing Zone. It specifically targets the fishing of prawns and four major ecologically related species within the fishery. The Direction aims to modify the existing Northern Prawn Fishery (Gear Requirements) Direction No. 174 by providing an exemption from the prohibition on fishing where a specified By-catch Reduction Device (BRD) is installed and by varying the minimum specifications for one such BRD, the "Kon's Covered Fisheye" (KCF). Although variations under subsection 41A(3) of the Management Act do not require consultation with the Management Advisory Committee, AFMA consulted with the Northern Prawn Industry Pty Ltd (NPFI), the peak industry body representing approximately 95% of fishing concession holders in the Northern Prawn Fishery, prior to making this Direction. The Direction will be communicated to all fishing concession holders within 7 days of its registration, as required by the Management Act.
Key Provisions
The Northern Prawn Fishery (Gear Requirements Variation) Direction No. 175 amends the Northern Prawn Fishery (Gear Requirements) Direction No. 174 (section 3). This amendment provides clarity on the prohibition of fishing in the Northern Prawn Fishery (NPF) and introduces an exemption for fishing if a specified By-catch Reduction Device (BRD) is installed. Furthermore, it alters the minimum specifications for one type of BRD, the “Kon’s Covered Fisheye” (KCF). This direction is intended to enhance the efficiency and sustainability of the fishery by controlling fishing methods and reducing by-catch.
Under this Direction, fishing in the NPF is subject to stringent requirements to ensure sustainable practices and conservation of marine life. Specifically, the Direction mandates that fishing activities must adhere to the gear specifications outlined in Direction No. 174, as amended by Direction No. 175. This includes the installation of a specified BRD to mitigate the impact on non-target species. Additionally, the Direction imposes limitations on the types and specifications of fishing equipment that can be used, aiming to reduce environmental impact and support the fishery’s biological and economic objectives.
Failure to comply with the provisions of this Direction may result in significant legal consequences. The Australian Fisheries Management Authority (AFMA) has the power to enforce compliance and take action against those who contravene the Direction. Potential penalties include fines and other sanctions that could be imposed under the Fisheries Management Act 1991. The specific maximum penalties for breaches are not detailed in the Direction itself but are governed by the broader provisions of the Act.
The Direction also imposes specific obligations on fishing concession holders and other relevant parties. These include adhering to the specified gear requirements, ensuring that any BRD installed meets the stipulated standards, and complying with all other provisions of the Direction. Concession holders are required to notify AFMA of any changes to their fishing practices that may affect compliance with the Direction. Furthermore, AFMA retains the authority to inspect fishing vessels and equipment to ensure compliance, and it may revoke or vary the Direction as necessary to achieve the fishery’s management objectives.