NPF Direction No. 112 - Second Season Closures

Administered by Department of Agriculture

Legislation au F2007L04304 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 112

Second Season Extension and 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.

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 112 replaces Direction No. NPFD 109. This new Direction is to extend the tiger or second season for a period of two weeks. 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 second 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 9362).

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 112 commences the day 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 112.

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 provides for an exemption to clause 6 half an hour before the commencement of the first season for persons who carry the fishing equipment in a particular manner; for persons who navigate in an exempt transit corridor or specified closure and carry the fishing equipment in a particular manner; for persons who apply for and receive an exemption from AFMA in accordance with Schedule 10; for persons carrying out gear trials in accordance with Direction No. NPFD 110; for persons entitled to take fish in the area of the fishery if they are fishing for gravid prawns under an authority provided by AFMA, or who otherwise fish in accordance with another plan of management in force under the Management Act, or State or Territory law applying in the area of the fishery.

Clause 8  Clause 8 revokes Direction No. NPFD 109.

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 7.3

Schedule 10 describes the protocols for applications for exemptions referred to in clause 7.2.

NPFD 112.

Overview

The Fisheries Management Act 1991, enacted to provide a framework for the management of fisheries in Australia, includes provisions that allow for the creation of management plans to ensure the sustainable use of fishery resources. One such plan is the Northern Prawn Fishery Management Plan 1995, which sets out the rules for the management of the Northern Prawn Fishery. This fishery, which spans parts of Western Australia, the Northern Territory, and Queensland, is crucial for commercial prawn fishing and involves the use of various fishing techniques that need to be regulated to protect both the target species and the broader ecosystem. Direction No. NPFD 112, issued under the authority of the Australian Fisheries Management Authority (AFMA), extends the second fishing season by two weeks and introduces closures in certain areas to protect prawn stocks during critical periods such as spawning. This direction ensures that the fishery is managed in a manner that aligns with the objectives of the Northern Prawn Fishery Management Plan, including the implementation of efficient and cost-effective management practices. The policy objective of this direction is to maintain the sustainability of the fishery by preventing overfishing and protecting vulnerable life stages of the prawn population.

Scope and Application

Direction No. NPFD 112, issued under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, applies to operators who hold Statutory Fishing Rights (SFRs) granted under the Plan and who are authorised to take prawns, squid, scampi, bugs, and scallops from the Northern Prawn Fishery. This fishery spans the northern coast of Western Australia, the coast of the Northern Territory, and the coast of Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian fishing zone. The Direction extends the second fishing season by two weeks and establishes closures in specified areas to protect spawning and small prawns during the second fishing season and a broader mid-season closure to protect stock prior to and during spawning periods. The Managing Director of the Australian Fisheries Management Authority (AFMA) has the authority to issue such directions, subject to consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) unless in an emergency. The Direction includes exemptions for certain activities such as gear trials and specific transit corridors, and it revokes the previous Direction No. NPFD 109. This Direction applies nationally within the scope of the fishery and does not require any specified conditions to be met before it is exercised.

Key Provisions

Direction No. NPFD 112 under the Fisheries Management Act 1991, establishes specific rules and closures for the Northern Prawn Fishery to ensure sustainable management of prawns and related species. Section 25(1) of the Northern Prawn Fishery Management Plan 1995 empowers the Australian Fisheries Management Authority (AFMA) to direct that fishing is not to be engaged in certain parts of the fishery during particular periods. Clause 6 of Direction No. NPFD 112 prohibits commercial fishing in designated areas of the fishery, specifically during certain periods as outlined in the schedules attached to the Direction. These closures are intended to protect spawning and small prawns during the second fishing season and to implement a broader mid-season closure to safeguard the stock prior to and during spawning periods. This measure aims to maintain the health and sustainability of the fishery, aligning with the objectives set out in Section 4 of the Management Plan. The obligations imposed by this Direction on the parties governed by it include adhering to the specified fishing closures and prohibitions. Operators must ensure they do not engage in commercial fishing within the closed areas during the prohibited periods. This includes obtaining any necessary exemptions as detailed in Clause 7 of the Direction. Operators must also comply with the terms defined in the Direction, which align with those defined in the Northern Prawn Fishery Management Plan 1991 and the Fisheries Management Act 1991. Furthermore, operators must consult with AFMA to apply for and receive exemptions, if applicable, as outlined in Schedule 10. Failure to comply with these obligations may result in legal consequences. Breach of the provisions set out in Direction No. NPFD 112 may result in civil or criminal penalties. Under the Fisheries Management Act 1991, any person who contravenes the provisions of a direction made under the Act may be liable to a penalty. The maximum penalty for contravening a direction under the Act is generally significant, reflecting the importance of compliance with fishing regulations to protect the fishery resources. Additionally, any person found to be engaging in prohibited fishing activities in the closed areas may be subject to enforcement actions, which could include fines or other penalties as determined by the relevant authorities. The specific penalties may vary depending on the nature and severity of the breach, but they are designed to ensure compliance with the fishery management plan and protect the sustainability of the fishery.

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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.