NPF Direction No. 119 - Second Season Closures

Overview

The Fisheries Management Act 1991 was enacted to provide for the sustainable management of Australia's fisheries. The Act establishes a framework for the management of fisheries, including the creation of management plans and the implementation of measures to ensure the conservation and sustainable use of fishery resources. The Act was introduced to address the need for a comprehensive and coordinated approach to fisheries management across Australia, recognising the importance of fisheries to the economy and the need to balance economic, environmental, and social objectives. The Australian Fisheries Management Authority (AFMA), as the relevant authority under the Act, has the power to make directions to achieve the objectives of the management plans. In this context, Direction No. NPFD 119 was issued to establish specific closures within the Northern Prawn Fishery to protect spawning and small prawns during the second fishing season and to safeguard stock before and during spawning periods, thereby ensuring the long-term sustainability of the fishery. The Direction No. NPFD 119 was issued by the Australian Fisheries Management Authority in accordance with the Fisheries Management Act 1991. The policy objective of the Direction is to protect and manage the Northern Prawn Fishery effectively by implementing specific closures to safeguard spawning and small prawns during critical periods, ensuring the fishery's sustainability. AFMA consulted with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) and received their support before issuing the Direction. The Direction aims to address biological and economic objectives for the fishery by controlling fishing effort and protecting essential fish habitats, thereby contributing to the efficient and cost-effective management of the fishery as outlined in the Northern Prawn Fishery Management Plan 1995.

Scope and Application

Direction No. NPFD 119 applies to persons engaged in commercial fishing activities within the Northern Prawn Fishery, which encompasses areas from 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. This legislation is specifically aimed at holders of Statutory Fishing Rights (SFRs) who are permitted to take target species such as prawns, squid, scampi, bugs, and scallops, as well as incidental bycatch. The Northern Prawn Fishery Management Plan 1995 provides the framework for this fishery management, and the Direction is made under the authority of the Fisheries Management Act 1991. The Direction is designed to manage fishing effort to ensure sustainable fishery practices by imposing closures during specified periods to protect spawning and small prawns. AFMA must consult with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing such directions unless an emergency exists. Exemptions are provided for certain activities such as gear trials, transit through exempt corridors, and specific fishing under other management plans or authorities. The geographic scope of Direction No. NPFD 119 is confined to the specified areas of the Northern Prawn Fishery as outlined in Schedules 1 to 8, and it supersedes the previous Direction No. NPFD 113. The Direction provides detailed boundaries and periods of closure to ensure compliance with the objectives of the Northern Prawn Fishery Management Plan, which include efficient and cost-effective management of the fishery. The Direction also includes provisions for exemptions to ensure that certain authorised activities can continue, as detailed in Clause 7 and Schedules 9 and 10. The Regulation Impact Statement indicates that this Direction is of minor or machinery nature, not requiring a formal review, as it does not substantially alter existing arrangements.

Key Provisions

The Northern Prawn Fishery Management Plan 1995 (the Plan) allows certain holders of Statutory Fishing Rights (SFRs) to take prawns, squid, scampi, bugs and scallops (target species) within the Northern Prawn Fishery (the fishery), subject to the directions made under the Plan (section 14(5)). Direction No. NPFD 119, issued under the Fisheries Management Act 1991, sets out specific areas and periods during which commercial fishing is not permitted (clause 6). This Direction is designed to protect prawn spawning and small prawns during the second fishing season, as well as to implement a broader mid-season closure to protect stock prior to and during spawning periods. The Australian Fisheries Management Authority (AFMA) must consult with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing such directions, unless it is an emergency (subsection 25(3) of the Plan). Under Direction No. NPFD 119, commercial fishing is prohibited in specified areas of the fishery during certain periods to protect the fishery's biological and economic objectives (clause 6). These areas and periods are detailed in Schedules 1 to 8. The Direction applies to all operators who are permitted to fish in the fishery under the Plan. There are, however, certain exemptions to this prohibition. For instance, operators can continue to fish half an hour before the commencement of the first season if they carry their fishing equipment in a specific manner (clause 7). Similarly, operators navigating in an exempt transit corridor or specified closure and carrying their fishing equipment in a particular manner are also exempt. Operators can apply for and receive an exemption from AFMA, provided they follow the protocols outlined in Schedule 10. Additionally, those carrying out gear trials in accordance with Direction No. NPFD 120, or those entitled to take fish under specific conditions, are exempt from the fishing prohibition. Failure to comply with Direction No. NPFD 119 may result in various legal consequences. While the specific offences and penalties are not detailed in the Direction, breaches of similar provisions under the Fisheries Management Act 1991 can result in civil or criminal penalties. Civil penalties can include fines of up to $55,000 for individuals and $275,000 for corporations, depending on the severity of the breach. Criminal offences can lead to penalties of up to $1,100,000 and/or imprisonment for up to 10 years for corporations, and $55,000 and/or imprisonment for up to 5 years for individuals. These penalties reflect the importance of adhering to the fishery management plan and its associated directions to ensure the sustainable management of the fishery resources.