Northern Prawn Fishery Management (Fishing Capacity) Determination 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L01867 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Northern Prawn Fishery Management Plan 1995

 

Northern Prawn Fishery Management (Fishing Capacity) Determination 2021

 

Legislative Authority

Subsection 17(1) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) must, in writing, after consultation with appropriate parties and considered their presentations, determine plans of management for all fisheries. Under that subsection, AFMA had determined the Northern Prawn Fishery Management Plan 1995 (the Management Plan).

The Management Plan provides for two types of statutory fishing rights (SFRs); a Class B SFR, which is a right to use a boat in the Northern Prawn Fishery, and a gear SFR, which under section 7 of the Management Plan, is defined as a right to use a particular length of net for commercial fishing in the area of the Northern Prawn Fishery.

Under section 14 of the Management Plan a person who holds a Class B SFR and gear SFRs as provided for in the Management Plan may take prawns, squid, scampi, bugs and scallops (target species) from the Northern Prawn Fishery. Subsection 14(5) of the Management Plan also allows those holders to take other fish (bycatch) while conducting commercial fishing activities for the target species. 

Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may determine, or provide for AFMA to determine the fishing capacity permitted for the Northern Prawn Fishery, or a part of the Northern Prawn Fishery, in respect of a particular period or periods.

Purpose

Subsection 7(1) of the Management Plan provides that the length of net allowed for each gear SFR is the length determined, by AFMA, under section 7A of the Management Plan.  Under section 7A of the Management Plan, AFMA may determine the total amount of operational headrope for particular methods of fishing that may be used for each gear SFR held. Once those amounts are determined, under section 7 of the Management Plan, those amounts are divided by the number of SFRs in the Northern Prawn Fishery. This equates to the length of headrope operators are able to use when employing the different determined net configurations.

The Northern Prawn Fishery Management (Fishing Capacity) Determination 2021 (the Determination) determines the total amount of operational headrope for the following methods:

a)      The total length of operational headrope for a twin trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 3193.11 metres. This equates to 9 cm per gear statutory fishing right.

b)     The total length of operational headrope for a twin tongue trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2873.41 metres. This equates to 8.1 cm per gear statutory fishing right.

c)      The total length of operational headrope for a triple trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2873.41 metres. This equates to 8.1 cm per gear statutory fishing right.

d)     The total length of operational headrope for a quad trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2873.41 metres. This equates to 8.1 cm per gear statutory fishing right.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003 (see subsection 17(6B) of the Act).

There is a 10 percent less headrope length for quad trawl nets and twin tongue trawl nets when compared with twin trawl net.  The 10 percent reduction was approved by the then AFMA Board in 2005 on the advice and recommendations by the Northern Prawn Fishery Management Advisory Committee (NORMAC). The AFMA Commission again, on the advice and recommendations of NORMAC, approved the same reduced headrope length for triple gear in March 2011. This is to ensure effort remained neutral when converting from a twin trawl net configuration to a quad, twin tongue or triple trawl net configuration.

In December 2021, AFMA Commission approved the same fishing capacity be retained, based on advice from NORMAC and the support from fishing industry.

 

The Fishery

Fishing in the Northern Prawn Fishery is managed under the provisions of the Management Plan and associated legislative instruments.

 

The Northern Prawn Fishery is located off Australia’s northern coast, extending from Cape York Peninsula, Queensland, in the east to Cape Londonderry in Western Australia. The Northern Prawn Fishery covers approximately 771,000 square kilometres of the Australian fishing zone. The Northern Prawn Fishery is managed by the Commonwealth through AFMA under the Management Plan and an Offshore Constitutional Settlement (OCS) Agreement with Queensland, the Northern Territory and Western Australia.

Banana, tiger and endeavour prawns are the main species targeted in the Northern Prawn Fishery using prawn trawl apparatus but the commercial catch also includes other species such as scampi, bugs, scallops, and squid. The Northern Prawn Fishery is managed using input controls including spatial and temporal closures, limited entry and gear restrictions. The closures are put in place to protect nursery areas and juvenile prawns during the fishing seasons, and mid-season closures to protect pre-spawning prawns.

To operate, each trawler needs a Class B (boat) SFR and the appropriate number of gear SFRs to cover the amount of net that they wish to use. The gear SFR is set as a specified amount of headrope length, and the total number of gear SFRs in the Northern Prawn Fishery is restricted under the Management Plan to a maximum of 53,844. Of the total gear SFRs offered, 35,479 are currently available to the Northern Prawn Fishery.

 

 

 

Consultation

Subsection 7A(2) of the Management Plan requires that before making a determination of the total operational headrope under subsection 7A(1) of the Management Plan, AFMA must consult with NORMAC and invite comments from interested persons.

In December 2021, NORMAC was consulted and supported reinstating the fishing capacity from the NPF Fishing Capacity Determination No. NPFGD 07. The relevant interested persons are the Northern Prawn Fishery Industry Pty Ltd and Northern Prawn Fishery SFR holders who were also consulted and supported the determined fishing capacity.

 

Regulation Impact Statement

 

The Office of Regulation Review has advised that a Regulation Impact Statement is not required on the basis that the Determination is of a minor change and does not substantially alter existing arrangements (OBPR21- 01279).

Details of the Determination are set out in Attachment A.

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Determination is compatible with the human rights and freedoms under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment B.

 


Attachment A

The Northern Prawn Fishery Management (Fishing Capacity) Determination 2021

Details of the Determination are set out below:

 Section 1       provides the Determination is the Northern Prawn Fishery Management (Fishing Capacity) Determination 2021.

 

Section 2        provides the Determination commences on the day after it is registered.

 

Section 3        provides the Determination is made pursuant to paragraph 17(6)(aa) of the Act  and under subsection 7A(1) of the Management Plan.

 

Section 4       defines relevant definitions for the Determination.

Note 1 explains a number of expressions used in the Determination are defined in the interpretation section of the Act including: boat and fishing.

boat means launch, vessel or floating craft of any description.

fishing means:

(a)            searching for, or taking, fish; or

(b)            attempting to search for, or take, fish; or

(c)            engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or

(d)            placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

(e)            any operations at sea directly in support of, or in preparation for, any activity described in this definition; or

(f)            aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or

(g)            the processing, carrying or transhipping of fish that have been taken.

   Note 2 explains a number of expressions used in the Determination are defined in the interpretation section of the Management Plan including: gear statutory fishing right, headrope, Northern Prawn Fishery area and operational headrope.

 gear statutory fishing right means a statutory fishing right described in section 7 [of the Management Plan].

headrope, means for a prawn trawl net, means the rope to which the netting at the top of the net is attached at the mouth of the net.

Northern Prawn Fishery area means the area described in Schedule 1 [to the Management Plan].

operational headrope, for a prawn trawl net, means the part of the footrope of the net that lies between the 2 outermost points at which the netting at the bottom of the net is attached to the footrope.

 Section 5(1)  determines the total length of operational headrope for a twin trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 3193.11 metres. This equates to 9 cm per gear statutory fishing right

 

Section 5(2)   determines the total length of operational headrope for a twin tongue trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2873.41 metres. This equates to 8.1 cm per gear statutory fishing right.

 

Section 5(3)   determines the total length of operational headrope for a triple trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2873.41 metres. This equates to 8.1 cm per gear statutory fishing right. 

 

Section 5(4)     determines the total length of operational headrope for a quad trawl net configuration that may be used under gear statutory fishing rights in the Northern Prawn Fishery area is 2873.41 metres. This equates to 8.1 cm per gear statutory fishing right.

 

 

 

 


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Northern Prawn Fishery Management (Fishing Capacity) Determination 2021

 This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) may, after consultation with the Management Advisory Committee for and interested parties in the Northern Prawn Fishery, determine the fishing capacity for the Northern Prawn Fishery or part of the Fishery in respect of a particular period or periods.

The Northern Prawn Fishery Management (Fishing Capacity) Determination 2021 provides for the fishing capacity to be set within the Northern Prawn Fishery.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Northern Prawn Fishery Management (Fishing Capacity) Determination 2021 was issued by the Australian Fisheries Management Authority (AFMA) under the authority of the Fisheries Management Act 1991. This legislative instrument aims to establish the fishing capacity for the Northern Prawn Fishery, ensuring sustainable management of the fishery while maintaining its economic viability. The Determination outlines specific total lengths of operational headrope for different net configurations, ensuring that fishing activities are conducted within the bounds set by the Northern Prawn Fishery Management Plan 1995. The policy objective is to balance ecological sustainability with the interests of the fishing industry, facilitating effective resource management and conservation efforts in the Northern Prawn Fishery. The enactment of this Determination follows the statutory requirement for AFMA to determine fishing capacity after consulting with the Northern Prawn Fishery Management Advisory Committee and other interested parties. This process ensures that the regulations are informed by industry input and expert advice, thereby promoting a collaborative approach to fishery management. The Determination specifies the total operational headrope lengths for various net configurations, thereby providing clarity and consistency in the application of fishing rights. The goal is to prevent overfishing and protect the fishery's ecosystem while supporting the livelihoods of those dependent on the industry.

Scope and Application

The Northern Prawn Fishery Management (Fishing Capacity) Determination 2021 applies to the management of fishing capacity within the Northern Prawn Fishery, which is overseen by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This legislation pertains to entities and individuals holding Class B Statutory Fishing Rights (SFRs) and gear SFRs in the Northern Prawn Fishery, effectively regulating the allowable length of net that can be used for prawn, squid, scampi, bugs, and scallop fishing, as well as other fish bycatch during commercial fishing operations. The Northern Prawn Fishery spans approximately 771,000 square kilometres off Australia's northern coast, from Cape York Peninsula in Queensland to Cape Londonderry in Western Australia, and is managed under an Offshore Constitutional Settlement Agreement with Queensland, the Northern Territory, and Western Australia. The legislation sets specific limits on the total length of operational headrope for different trawl net configurations, ensuring that the fishing capacity remains neutral when transitioning between net types. The Determination was made following consultations with the Northern Prawn Fishery Management Advisory Committee and relevant industry stakeholders, and it does not require a Regulation Impact Statement as it represents a minor change to existing arrangements.

Key Provisions

The Northern Prawn Fishery Management (Fishing Capacity) Determination 2021, made under the Fisheries Management Act 1991, establishes specific fishing capacity limits for the Northern Prawn Fishery. The Determination, as detailed in section 5, sets the total length of operational headrope for various net configurations. For a twin trawl net configuration, the allowable length is 3193.11 metres, equating to 9 cm per gear statutory fishing right. For twin tongue, triple, and quad trawl net configurations, the allowable length is 2873.41 metres, equating to 8.1 cm per gear statutory fishing right (sections 5(1) to 5(4)). This determination is made under the authority of section 17(6)(aa) of the Fisheries Management Act 1991 and section 7A(1) of the Northern Prawn Fishery Management Plan 1995, after consultation with the Northern Prawn Fishery Management Advisory Committee and relevant stakeholders (sections 3 and 4). The obligations imposed by the Determination on entities and individuals include adhering to the specified fishing capacity limits. Operators must ensure their net configurations comply with the determined headrope lengths, which are essential for maintaining sustainable fishing practices in the Northern Prawn Fishery. These requirements are designed to control the fishing effort and protect the fishery's resources. The Northern Prawn Fishery Management Plan 1995 mandates that any fishing activities within the designated area must be conducted with the appropriate statutory fishing rights, which include both Class B (boat) and gear statutory fishing rights (section 14). Failure to comply with these regulations could result in penalties under the Fisheries Management Act 1991. Breaches of the provisions outlined in the Determination may lead to enforcement actions. Under the Fisheries Management Act 1991, penalties for non-compliance can include fines and potential revocation of fishing rights. The maximum penalties for contravening the Act are set out in the relevant sections of the legislation and may vary depending on the severity and frequency of the offence. Operators found to be in breach of the fishing capacity limits or other related provisions may face significant legal consequences, including financial penalties and the suspension or cancellation of their fishing rights.

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