NPF Direction No. 110 - Gear Trials

Administered by Department of Agriculture

Legislation au F2007L02382 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 110

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) of the Management Act in relation to a part of a 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.

Section 14(4) of the Northern Prawn Fishery Management Plan 1995 (the Plan) allows particular holders of Statutory Fishing Rights (SFRs) granted under the Plan to take prawns, squid, scampi, bugs and scallops (target species) from the Northern Prawn Fishery (the fishery).  Subsection 14(5) of the Plan allows those holders to also take other fish (bycatch) while conducting commercial fishing activities for the target species.  This ability to take target species and bycatch is subject to directions made under section 25 of the Plan.

Subsection 25(1) of the Plan provides that AFMA may direct that fishing is not to be engaged in the fishery, or a part of the fishery, during a particular period or periods.  Section 4 of the Plan provides objectives of the Plan, including the implementation of efficient and cost effective management of the fishery.

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.

Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA.  Subsection 17 (11) of the Management Act permits AFMA to delegate its powers to make directions (among other things) only to the Managing Director.  AFMA has delegated its power to make directions to the Managing Director.

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 110 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 second 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.

 

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 determination to be cited as Direction No. NPFD 110.

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 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 of Territory law applying in the area of the fishery.

Clause 9 Clause 9 revokes Direction No. NPFD 105.

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

NPFD 110

Overview

The Fisheries Management Act 1991 was enacted to establish a framework for the sustainable management of Australia's fisheries, ensuring that fish stocks are conserved and managed effectively. This legislation addresses the problem of overfishing and the need for a coordinated approach to managing Australia's extensive marine resources. The Act empowers the Australian Fisheries Management Authority (AFMA) to make management plans and directions to regulate fishing activities, with the overarching policy objective of achieving sustainable fisheries that balance ecological, economic, and social considerations. AFMA was established under the Act to implement these management plans and directions. Direction No. NPFD 110, issued under the authority of the Managing Director of AFMA, is a legislative instrument aimed at facilitating gear trials within the Northern Prawn Fishery. This Direction allows authorised operators to test their fishing equipment in designated areas prior to the commencement of the second fishing season, without targeting fish. The purpose of this Direction is to enhance the economic efficiency and cost-effective administration of the fishery by enabling operators to ensure their gear is in optimal working condition. AFMA consulted with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), which supports the Direction, ensuring that it aligns with the objectives of the Northern Prawn Fishery Management Plan 1995, including efficient and cost-effective management.

Scope and Application

Direction No. NPFD 110 is a legislative instrument issued under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, administered by the Australian Fisheries Management Authority (AFMA). This Direction applies to operators who hold Statutory Fishing Rights (SFRs) under the Plan and are engaged in commercial fishing activities for prawns, squid, scampi, bugs, and scallops within the Northern Prawn Fishery. The fishery encompasses parts of 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. The Direction facilitates gear trials in specified areas to allow operators to test their fishing equipment before the second fishing season, thereby contributing to the economic efficiency and effective management of the fishery. However, fishing for target species or bycatch is prohibited during these trials. AFMA must consult with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing such directions unless in an emergency. Operators must seek and receive authority to conduct gear trials as outlined in the Direction, and those fishing under other management plans are exempt from these restrictions. The Direction revokes the previous Direction No. NPFD 105.

Key Provisions

The main operative sections of Direction No. NPFD 110 under the Fisheries Management Act 1991 allow for the conduct of gear trials in specific areas of the Northern Prawn Fishery. Section 6 prohibits fishing unless it is part of a gear trial during the specified periods. Section 7 requires that any gear trial must have prior confirmation of authority from the Australian Fisheries Management Authority (AFMA). Clause 8 exempts operators who comply with another plan of management from these prohibitions, provided they are fishing under State or Territory law. Clause 9 revokes the previous Direction No. NPFD 105. Operators under this Direction are obligated to ensure that any fishing activity within the specified areas and periods is part of a permitted gear trial. They must obtain confirmation of authority from AFMA before conducting any such trials. Failure to comply with these requirements may result in sanctions or penalties under the Fisheries Management Act 1991. Importantly, operators must also ensure that their activities do not negatively impact prawn stocks or other managed species within the fishery. The Direction imposes civil and criminal consequences for breaches, although specific penalties are not detailed within the Direction itself. Penalties for breaches of the Fisheries Management Act 1991 can include fines and imprisonment. The exact penalties depend on the severity and nature of the breach, as outlined in the principal Act. Operators who fail to comply with the requirements for gear trials or who engage in unauthorised fishing activities may face significant legal repercussions, including potential fines and imprisonment. In summary, Direction No. NPFD 110 provides a framework for conducting gear trials within the Northern Prawn Fishery, ensuring that these activities are properly authorised and do not interfere with the overall management objectives of the fishery. Compliance with the Direction is crucial for operators to avoid legal penalties under the Fisheries Management Act 1991.

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