NPF Direction No. 105 - Gear Trials

Administered by Department of Agriculture

Legislation au F2007L00890 Not in force Legislative Instrument

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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 105

Gear Trials

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 Northern Prawn Fishery Management Plan 1995 (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 105 makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas that are set aside for the trials.  Fish are not targeted during gear trials and, under the Direction, the trial can be carried out prior to the commencement of the first fishing season. The Direction contributes to the economic efficiency and cost effective administration of the fishery because it allows operators the flexibility to test their fishing gear to ensure that it is in efficient working order prior to the beginning of the fishing period without the need to seek special exemptions to the closure arrangements.

The areas in which the gear trials are permitted to be carried out were selected so as to have minimal impact on prawn stocks in the fishery while still being practical for operators.

Direction No. NPFD 105 replaces Direction No. NPFD 98 and has the effect of changing the dates in which gear trials can take place to align them with the revised dates for the fishing season.

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 9041).

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.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the Direction to be cited as Direction No. NPFD 105.

Clause 2 Clause 2 provides for the commencement of the Direction to be the day after it is registered.

Clause 3 Clause 3 states that the Direction applies to holders of Statutory Fishing Rights in the Northern Prawn Fishery, and people acting on their behalf.

Clause 4 Clause 4 sets out that this Direction applies until 31 July 2008.

Clause 5 Clause 5 provides for the interpretation of the Direction.  In particular, the section defines the items to which the prohibitions apply and the measurement of time for the purposes of the Direction and also adopts defined terms used in the Plan and the Act.  The note indicates that terms defined in the Management Act and the Plan have the same meaning in the Direction.

Clause 6 Clause 6 prohibits a person from fishing unless they are carrying out gear trials during the periods specified in the section and in the particular areas described in the Schedule.

Clause 7 Clause 7 prohibits a person from carrying out gear trials referred to in section 6 unless they have sought and received confirmation of authority to carry out those trials in the manner described in section 7. The section provides contact details.

Clause 8 Clause 8 provides for an exemption to sections 6 and 7 for operators who fish in accordance with another plan of management in force under the Management Act, State or Territory law applying in the area of the fishery.

Clause 9 Clause 9 revokes Direction No. NPFD 98.

The Schedule describes the areas in the fishery where gear trials may be carried out.

NPFD 105

Overview

The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, aims to establish a comprehensive framework for the management of fisheries in Australian waters, ensuring their sustainable use while balancing ecological, economic, and social objectives. This legislation provides the Australian Fisheries Management Authority (AFMA) with the authority to develop and implement management plans for specific fisheries, including the Northern Prawn Fishery, which is critical for the economic viability of the regions involved. Direction No. NPFD 105, issued under the authority of AFMA, addresses a specific need within the Northern Prawn Fishery Management Plan 1995 by allowing operators to conduct gear trials in designated areas before the commencement of the fishing season. This provision supports the economic efficiency of the fishery by enabling operators to test their equipment without needing special exemptions to the fishing closures, thereby ensuring their gear is in optimal working condition when the season begins. This Direction is made possible by the provisions in the Fisheries Management Act that allow for such trials, subject to consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) and alignment with the fishery's management plan.

Scope and Application

Direction No. NPFD 105, made under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, applies specifically to holders of Statutory Fishing Rights within the Northern Prawn Fishery, as well as to individuals acting on their behalf. The Direction pertains to the management of 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 limits of the Australian fishing zone. This fishery involves prawns and four major ecologically related species: squid, scampi, bugs, and scallops. The Direction facilitates gear trials for fishing equipment in specified areas prior to the commencement of the fishing season, allowing operators to ensure their gear is in working order without requiring special exemptions from the fishing closures. The Direction mandates consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before its issuance, except in emergency situations. The Direction is set to remain in effect until 31 July 2008, replacing the previous Direction No. NPFD 98, and it aligns with the revised dates for the fishing season.

Key Provisions

The primary operative sections of Direction No. NPFD 105 (Clauses 1-9) establish the framework and conditions for gear trials in the Northern Prawn Fishery, as provided for under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995. Clause 1 identifies the Direction by its number, NPFD 105, while Clause 2 specifies that the Direction will take effect the day after its registration. Clause 3 clarifies that the Direction applies to holders of Statutory Fishing Rights in the Northern Prawn Fishery and those acting on their behalf. Clause 4 stipulates that the Direction will be in force until 31 July 2008. Clause 5 outlines the interpretation of the Direction, including definitions and the adoption of terms from the Management Plan and the Act. Clause 6 prohibits fishing outside of specified gear trial periods unless the fishing is part of a gear trial. Clause 7 requires that operators seeking to conduct gear trials must obtain prior authorisation, with contact details provided for this purpose. Clause 8 provides an exemption for operators fishing under another management plan in force under the Act or relevant State or Territory law. Lastly, Clause 9 revokes the previous Direction No. NPFD 98. The Direction imposes several obligations on the parties it governs. Firstly, it mandates that any fishing activities must be part of approved gear trials during the specified periods. Operators must obtain prior authorisation from the relevant authorities to conduct gear trials, as outlined in Clause 7. Additionally, the Direction requires that operators who wish to conduct gear trials must ensure they comply with the conditions set out in the Schedule, which details the specific areas where such trials can be conducted. Operators must also ensure that their activities do not negatively impact prawn stocks in the fishery, aligning with the overall management objectives of the fishery. In terms of consequences for non-compliance, the Direction does not explicitly state offences, penalties, or specific civil or criminal consequences for breach. However, any breach of the Direction, such as conducting unauthorised fishing or gear trials outside the specified periods or areas, would likely be addressed under the broader provisions of the Fisheries Management Act 1991. Under this Act, unauthorised fishing activities can lead to significant penalties, including fines and potential imprisonment. The exact penalties would depend on the nature and severity of the breach, but they can be substantial, reflecting the importance of adhering to the regulatory framework designed to manage and protect the fishery sustainably.

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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.