NPF Direction No. 118 - Prohibited Species

Administered by Department of Agriculture

Legislation au F2008L02312 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 118

Prohibited Species

 

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 take of particular species whilst fishing in the Northern Prawn Fishery.

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 118.

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 prohibits the take of species of fish listed in the Schedule to the Direction. 

Clause 7 provides an exemption to clause 6 on the prohibition on tuna and tuna-like species.

Clause 8 provides for an exemption to clause 6 for people entitled to take fish in the area of the fishery if they are fishing in accordance with another plan of management in force under the Management Act, or in accordance with State or Territory laws.

The Schedule lists the species on which fishing is prohibited.

NPFD 118.

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to address the need for comprehensive management of Australia's fisheries, ensuring sustainability, conservation, and efficient use of fishery resources. This Act enables the creation of management plans for specific fisheries, allowing for regulatory measures such as input controls to balance biological and economic objectives. The Northern Prawn Fishery Management Plan 1995, made under this Act, further delineates the management of the Northern Prawn Fishery, which involves prawns and four ecologically related species. The Northern Prawn Fishery Management Advisory Committee (NORMAC) plays a crucial role in advising the Australian Fisheries Management Authority (AFMA) on management plans and directions, including the prohibition of taking specific species during certain periods. Direction No. NPFD 118, issued by AFMA, prohibits the take of certain species within the Northern Prawn Fishery, aiming to protect ecologically sensitive species while ensuring the sustainable management of the fishery. This legislative instrument is issued under the authority of the Fisheries Management Act 1991, reflecting the policy objective of maintaining ecological balance and sustainable fishing practices within Australia's fisheries.

Scope and Application

Direction No. NPFD 118 under the Fisheries Management Act 1991 applies to all persons engaged in fishing within the Northern Prawn Fishery, specifically targeting prawns and four major ecologically related species: squid, scampi, bugs, and scallops. This Direction, issued by the Australian Fisheries Management Authority (AFMA), prohibits the taking of particular species listed in the Schedule while fishing in the Northern Prawn Fishery, which 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 Direction applies to the entire fishery and is subject to specific exemptions and conditions, such as allowing fishing for certain species under other plans of management or state and territory laws. AFMA is required to consult with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing such directions, unless it is an emergency situation. The Direction does not apply to certain species of tuna and tuna-like species, which are exempt from the prohibition on taking fish. This legislative instrument extends the application of the Northern Prawn Fishery Management Plan 1995 by specifying additional restrictions on species take within the fishery, thereby reinforcing the management strategies aimed at achieving biological and economic sustainability.

Key Provisions

The main operative sections of Direction No. NPFD 118 (Clauses 1 to 8) establish the name, commencement, applicability, and specific terms of the Direction. Clause 1 designates the Direction as NPFD 118, Clause 2 details its commencement, Clause 3 outlines who it applies to, Clause 4 specifies the period of its application, Clause 5 defines key terms used in the Direction, and Clause 6 prohibits the taking of certain species while fishing in the Northern Prawn Fishery. Clause 7 and Clause 8 provide exemptions for certain species and individuals fishing under other management plans or laws. The Direction imposes obligations on fishing operators to comply with the prohibitions set out in Clause 6, ensuring that they do not take the listed prohibited species during the specified periods. Operators must also adhere to the exemptions provided in Clauses 7 and 8, ensuring they follow any applicable state or territory laws or other management plans when fishing in the Northern Prawn Fishery. Additionally, the Australian Fisheries Management Authority (AFMA) must consult with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing the Direction, unless in an emergency, as stipulated in the Northern Prawn Fishery Management Plan 1995. Breaches of the Direction may result in both civil and criminal consequences. Specifically, Clause 6 outlines that any person who contravenes the prohibition on taking the listed species may face penalties. The maximum penalty for contravening the Direction is generally aligned with the penalties outlined under the Fisheries Management Act 1991, which may include fines and imprisonment. Additionally, under the Management Act, AFMA has the authority to issue infringement notices for breaches of the Direction, which can result in fines. These penalties underscore the seriousness of non-compliance with the regulations designed to protect the ecological balance of the Northern Prawn Fishery.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Prohibited Conduct
Compliance Obligations
Reporting & Disclosure Obligations

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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.