NPF Direction No. 116 - Gear Trials

Administered by Department of Agriculture

Legislation au F2008L01694 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority of

Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Northern Prawn Fishery Management Plan 1995

 

Direction No. NPFD 116

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.

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 116 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.

Direction No. NPFD 116 replaces Direction No. NPFD 110 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 9541).

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 116.

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 110.

 

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

NPFD 116

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the management of fisheries under federal jurisdiction in Australia, ensuring sustainable and efficient use of fishery resources. The Northern Prawn Fishery Management Plan 1995 was created under this Act to specifically manage the Northern Prawn Fishery, which encompasses prawns and four major ecologically related species. The Plan aims to implement efficient and cost-effective management practices, including the control of fishing effort and the regulation of fishing activities to maintain the ecological balance and economic viability of the fishery. Direction No. NPFD 116, issued by the Australian Fisheries Management Authority (AFMA), aligns with these objectives by facilitating gear trials in designated areas before the fishing season, thereby allowing operators to test their equipment without needing special exemptions from seasonal closures. This measure contributes to the economic efficiency and cost-effective administration of the fishery by ensuring that gear is in optimal working condition before the fishing period begins, while minimizing the impact on prawn stocks.

Scope and Application

Direction No. NPFD 116 applies to operators holding Statutory Fishing Rights (SFRs) under the Northern Prawn Fishery Management Plan 1995, who are permitted to fish for prawns, squid, scampi, bugs, and scallops in the Northern Prawn Fishery. This legislation governs the conduct of gear trials in specific areas set aside for this purpose, which are designed to have minimal impact on prawn stocks while being practical for operators. The geographic scope of the Direction encompasses the Northern Prawn Fishery, extending 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 Direction is subject to consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), except in emergency circumstances. Furthermore, the Direction exempts operators who fish in accordance with another plan of management in force under the Fisheries Management Act 1991 or State or Territory law applying in the area of the fishery. This Direction replaces Direction No. NPFD 110, effectively altering the dates for gear trials to align with the revised fishing season dates.

Key Provisions

The key operative sections of Direction No. NPFD 116 establish specific parameters for conducting gear trials within the Northern Prawn Fishery (NPFD 116). Clause 1 (Clause 1) names the direction, Clause 2 (Clause 2) specifies the commencement date, Clause 3 (Clause 3) identifies the parties to whom it applies, and Clause 4 (Clause 4) delineates the periods during which the direction is in effect. Clause 5 (Clause 5) provides definitions and interpretations relevant to the Direction, including terms adopted from the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, ensuring consistency in terminology. Clause 6 (Clause 6) imposes a prohibition on fishing unless the activity is part of a permitted gear trial within the specified times and locations. Clause 7 (Clause 7) mandates that operators must obtain explicit authorisation before conducting gear trials, providing contact details for obtaining such authorisation. Clause 8 (Clause 8) offers an exemption from Clauses 6 and 7 for operators who comply with other management plans under the Fisheries Management Act or relevant State/Territory laws. Finally, Clause 9 (Clause 9) revokes the previous Direction No. NPFD 110. The Direction imposes several obligations on the operators within the Northern Prawn Fishery. Primarily, operators must refrain from fishing outside of the specified gear trial periods unless they have received explicit authorisation for such trials (Clause 6 and Clause 7). They must ensure that any gear trials are conducted within the designated areas outlined in the Schedule to the Direction to minimise the impact on prawn stocks (Clause 6). Additionally, operators are required to seek and obtain confirmation of their authority to conduct gear trials, as detailed in Clause 7. For operators who are also subject to other management plans, Clause 8 provides an exemption, allowing them to follow the requirements of those alternative plans while still complying with the overarching objectives of the Northern Prawn Fishery Management Plan. Breaches of Direction No. NPFD 116 may lead to significant consequences. Clause 6 (Clause 6) and Clause 7 (Clause 7) explicitly prohibit fishing and gear trials outside of the specified conditions, and any violations could result in enforcement actions under the Fisheries Management Act 1991. While the specific penalties are not detailed in the Direction itself, the Act provides for a range of sanctions, including fines and potential criminal charges, for non-compliance with fishing regulations. The severity of penalties would depend on the nature and extent of the breach, with potential maximum penalties as stipulated in the relevant sections of the Fisheries Management Act. It is essential for operators to adhere strictly to the provisions of Direction No. NPFD 116 to avoid these adverse outcomes.

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