EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery Management Plan 1995
Direction No. NPFD 117
Bug Size Limits
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 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.
This Direction prohibits the fishing for bugs (Thenus indicus and Thenus orientalis) with a carapace width less than 75mm: and/or female egg-bearing bugs.
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 9673).
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 provides for the determination to be cited as Direction No. NPFD 117.
Clause 2 provides for the commencement of the Direction.
Clause 3 states to whom the Direction applies.
Clause 4 sets out the period of application for this Direction.
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 sets the restrictions on the take of bugs.
Clause 7 provides an exemption to the prohibition in clause 6.1.
NPFD 117.
Overview
The Fisheries Management Act 1991 was enacted to provide a framework for the management of fisheries in Australia, aiming to ensure sustainable fishing practices and the conservation of fish stocks. This legislation was introduced to address the need for a cohesive and effective management system across the various fisheries operating within Australian waters, which were previously governed by a fragmented set of laws. The Act empowers the Australian Fisheries Management Authority (AFMA) to develop management plans for different fisheries, ensuring that they are managed in a manner that is both ecologically sustainable and economically viable. The policy objective of the Act is to balance the needs of the fishing industry with the imperative of conserving marine resources for future generations. The Authority operates under the auspices of the Australian Government and is responsible for the administration and enforcement of fisheries laws and management plans.
The Northern Prawn Fishery Management Plan 1995, made under the Fisheries Management Act 1991, outlines the specific measures for managing the Northern Prawn Fishery, which includes waters off the northern coast of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria. The plan incorporates input controls to regulate the fishing effort, including limitations on fishing time, equipment, and vessel specifications. Direction No. NPFD 117, issued by AFMA, introduces a prohibition on fishing for certain sizes of bugs within the fishery, specifically those with a carapace width less than 75mm or female egg-bearing bugs, to protect the bug population and support the fishery's ecological balance. The Direction was developed following consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), which endorsed the measures, ensuring that the management actions are well-informed and supported by industry stakeholders.
Scope and Application
Direction No. NPFD 117 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. It applies to all persons engaged in fishing for bugs (Thenus indicus and Thenus orientalis) 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. The Direction specifically targets operators permitted by the Northern Prawn Fishery Management Plan 1995 to fish within the fishery, imposing restrictions on the size of bugs that can be fished. The Direction aims to ensure sustainable fishing practices by prohibiting the capture of bugs with a carapace width less than 75mm, including female egg-bearing bugs, except as provided under the exemption in the Direction. This measure is designed to protect the reproductive capacity of the bug population and maintain the ecological balance within the fishery. The application of this Direction is complemented by consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), ensuring that the Direction aligns with the objectives of the fishery management plan. The Direction does not introduce any new conditions for its implementation, relying instead on existing provisions within the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995.
Key Provisions
The main operative sections of Direction No. NPFD 117 are contained in Clause 6, which sets the restrictions on the take of bugs, and Clause 7, which provides an exemption to the prohibition in Clause 6 (Clauses 6 and 7). Clause 6 of the Direction stipulates that fishing for bugs, specifically Thenus indicus and Thenus orientalis, with a carapace width less than 75mm, or female egg-bearing bugs, is prohibited. This prohibition aims to protect the breeding stock and ensure the sustainability of the bug population within the Northern Prawn Fishery. Clause 7 provides an exemption to the prohibition in Clause 6 for certain scientific research activities conducted under the authority of the Australian Fisheries Management Authority (AFMA). This exemption ensures that necessary research can continue to inform management decisions without hindering the primary objective of the Direction.
The Direction imposes specific obligations and requirements on the parties governed by it, primarily those engaged in fishing activities within the Northern Prawn Fishery. Operators must adhere to the size limits set out in Clause 6, ensuring that only bugs with a carapace width of 75mm or more, and not female egg-bearing bugs, are targeted or retained. This requirement aims to prevent the overfishing of bugs and to promote the long-term sustainability of the fishery. Additionally, operators must ensure that their activities comply with any exemptions provided under Clause 7, such as those for scientific research purposes. Failure to comply with these requirements could result in regulatory action being taken against the operator.
Breaches of the provisions set out in Direction No. NPFD 117 may result in both civil and criminal consequences. Under the Fisheries Management Act 1991, individuals or entities found to be in breach of a direction issued by AFMA may be subject to penalties. The maximum penalties for contravening a direction can include fines of up to $11,000 for individuals and $55,000 for corporations, as well as potential imprisonment for serious offences. These penalties reflect the seriousness of non-compliance and the need to enforce the provisions to protect the fishery's resources. Furthermore, any person who knowingly or recklessly contravenes the Direction may also be subject to enforcement actions by AFMA, which could include the imposition of fines, the suspension or cancellation of fishing permits, or other regulatory measures deemed appropriate by the Authority.