NPF Direction No. 101 - First Season Closures

Administered by Department of Agriculture

Legislation au F2007L00666 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

 

Issued by the Authority of the Managing Director

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Northern Prawn Fishery Management Plan 1995

 

Direction No. NPFD 101

First Season Closures

 

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 17(5A) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA), after such consultation as set out in the plan of management, to direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods.

Subsection 17(5B) of the Management Act provides that a direction under Subsection 17(5A) in relation to a particular part of the fishery may identify the part concerned in any way or ways, including by reference to a particular area, a particular species or type of fish, a particular kind or quantity of fishing equipment, a particular method of fishing, or any combination of the above.

Subsection 25(3) of the Plan provides that, before AFMA issues a direction, it must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) about the content of the direction unless the direction is issued in circumstances of an emergency.

The Fishery

The 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.  The fishery is for prawns and 4 major ecologically related species (namely squid, scampi, bugs and scallops).  There are 2 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 Plan to fish in the fishery (operators).  These limitations are known generically as input controls and are used in the fishery to address both biological and economic objectives for 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, the number of boats in the fishery and the specifications of those boats.

Direction No. NPFD 101 replaces Direction No. NPFD 100. It establishes closures in specified areas of the fishery.  The Direction sets out closure boundaries and prevents fishing in six specific areas within the fishery to protect spawning and small prawns during the first fishing season and a broader mid-season closure to protect stock prior to and during spawning periods.

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not mandatory on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 9038).

Consultation

AFMA consulted with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) prior to making the Direction and NORMAC supports the making of the Direction.

The Act does not specify any condition as needing to be met before the power to make the Direction may be exercised.

Direction NPFD 101 commences on the opening of the first fishing season at 2200 UTC 6 April 2007 after registration on the Federal Register of Legislative Instruments.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the Direction to be cited as Direction No. NPFD 101.

Clause 2  Clause 2 provides for the commencement of the Direction.

Clause 3  Clause 3 states to whom the Direction applies.

Clause 4  Clause 4 sets out the period of application of this Direction.

Clause 5  Clause 5 defines certain terms used in the Direction and provides that terms used in the Direction that are defined for the purposes of the Plan have the same meanings as they have in the Plan.  The note indicates that terms defined in the Management Act have the same meaning in the Direction.

Clause 6  Clause 6 prohibits commercial fishing in areas of the fishery detailed in Schedules 1 to 8, during certain periods as set out in the table. 

Clause 7  Clause 7 revokes Direction No. NPFD 100.

Schedules 1 to 8 describe the areas that are closed to fishing referred to in clause 6.

Schedule 9  describes the exempt transit corridor areas referred to in clause 7.

Schedule 10 describes the protocols for applications for exemptions to Clause 6.

NPFD 101

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to provide a comprehensive framework for the management of fisheries in Australia. This Act enables the Australian Fisheries Management Authority (AFMA) to develop management plans for individual fisheries, ensuring sustainable use of aquatic resources while balancing economic, social, and environmental objectives. Direction No. NPFD 101, issued under the authority of the AFMA, is an example of the Act in action, focusing on the management of the Northern Prawn Fishery. This direction implements specific fishing closures to protect prawn stocks during critical periods, reflecting the policy objective of maintaining the ecological balance and productivity of the fishery. The enactment body, the Parliament, established these mechanisms to ensure effective and sustainable fisheries management, with AFMA playing a key role in executing these plans through practical directives such as NPFD 101.

Scope and Application

Direction No. NPFD 101, issued under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, applies to operators permitted to fish within 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. This Direction specifically regulates the commercial fishing activities within this extensive area, targeting prawns and four major ecologically related species: squid, scampi, bugs, and scallops. The regulation aims to manage the fishery through input controls, limiting factors such as fishing time, equipment types, boat numbers, and specifications to meet biological and economic objectives. Clause 6 of Direction No. NPFD 101 prohibits commercial fishing in designated areas during specific periods to protect spawning and small prawns, while Clause 7 revokes the previous Direction No. NPFD 100. The Australian Fisheries Management Authority (AFMA) consulted with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing this Direction, which is effective from the opening of the first fishing season on 6 April 2007, after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Northern Prawn Fishery Management Plan 1995 Direction No. NPFD 101 primarily functions to establish specific closures within the Northern Prawn Fishery, a significant area for prawn and related species fishing, extending from the northern coasts of Western Australia, the Northern Territory, and Queensland. Clause 6 of the Direction prohibits commercial fishing in particular areas of the fishery during certain periods as outlined in Schedules 1 to 8, designed to protect spawning and small prawns during the first fishing season and to implement a broader mid-season closure aimed at safeguarding stock before and during spawning periods. The Direction identifies these closures to ensure sustainable fishing practices by protecting critical life stages of prawns and related species, thereby maintaining the fishery's ecological balance and supporting its long-term productivity. Under this legislation, operators within the Northern Prawn Fishery are obligated to adhere to the specified closures. These obligations include refraining from engaging in commercial fishing activities in the designated areas during the periods outlined in Schedules 1 to 8. This requirement is essential for complying with the management objectives of the fishery, which aim to balance biological sustainability with economic viability. Operators must also be aware of the protocols for applying for exemptions as described in Schedule 10, should they need to seek exceptions to the closures for legitimate reasons, such as operational or logistical needs. Failure to comply with the provisions of Direction No. NPFD 101 may result in legal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of fishing regulations under the Fisheries Management Act 1991 generally attract fines and potential prosecution. The penalties for contravening fishery management directions can be severe, reflecting the importance of adhering to the regulations designed to protect marine resources. Operators found in breach of the Direction may face substantial financial penalties, and in serious cases, criminal charges could be pursued, leading to imprisonment. These consequences underscore the necessity for operators to comply strictly with the fishery management plan and its associated directions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.