NPF Direction No. 120 - Gear Trials

Administered by Department of Agriculture

Legislation au F2008L02315 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 120

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 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 120 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 120 replaces Direction No. NPFD 116 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 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 Clause 1 provides for the determination to be cited as Direction No. NPFD 120.

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 116.

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

NPFD 120.

Overview

The Fisheries Management Act 1991 was enacted to provide a comprehensive framework for the management of fisheries resources in Australia, aiming to ensure sustainable use and conservation of marine resources. This Act was introduced to address the need for effective management of fisheries to balance ecological sustainability with economic viability. The Australian Fisheries Management Authority (AFMA), established under the Act, has the responsibility to implement management plans, including the Northern Prawn Fishery Management Plan 1995, which provides specific rules and regulations for the Northern Prawn Fishery. The policy objective of the Act is to promote efficient and cost-effective management of fisheries, ensuring that fishing activities do not harm the sustainability of fish stocks. Direction No. NPFD 120, issued by AFMA under the authority of the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, allows for gear trials in designated areas before the fishing season, aiming to enhance the economic efficiency and effective administration of the fishery by permitting operators to test their equipment without needing special exemptions from closure arrangements.

Scope and Application

Direction No. NPFD 120 applies to persons authorised under the Northern Prawn Fishery Management Plan 1995 to conduct fishing activities within the Northern Prawn Fishery, which encompasses parts of the waters off the northern coast of Western Australia, the Northern Territory, and Queensland. The Northern Prawn Fishery Management Plan 1995 allows specific holders of Statutory Fishing Rights (SFRs) to target prawns, squid, scampi, bugs, and scallops, as well as take other fish as bycatch, subject to directions issued under the Plan. Direction No. NPFD 120 specifically concerns gear trials, which are permitted in designated areas and times to allow operators to test their fishing equipment without targeting fish. This direction is in line with the broader objectives of the Plan, including the implementation of efficient and cost-effective management of the fishery. Operators must seek and receive confirmation of authority to carry out these trials, and certain exemptions apply for those fishing under another plan of management in force under the Fisheries Management Act 1991 or relevant State or Territory law. The Direction replaces Direction No. NPFD 116 and modifies the timing of gear trials to align with the revised dates for the fishing season.

Key Provisions

Direction No. NPFD 120, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, provides specific provisions for gear trials within the Northern Prawn Fishery. Clause 6 of the Direction prohibits fishing unless the operator is conducting gear trials during the specified periods and within the designated areas outlined in the Schedule (subsections 17(5A) and 25(1) of the Management Act). Clause 7 mandates that operators must seek and obtain confirmation of authority from AFMA before conducting any gear trials, with contact details provided for this purpose (subsection 25(3) of the Plan). Clause 8 allows an exemption for operators who comply with another plan of management under the Act or State or Territory law applicable in the area of the fishery (subsection 14(4) of the Plan). Clause 9 revokes the previous Direction No. NPFD 116 to update the timing for gear trials in alignment with the revised fishing season dates. Operators within the Northern Prawn Fishery must adhere to the provisions outlined in Direction No. NPFD 120. This includes ensuring that any fishing activities during the specified periods are limited to gear trials in the designated areas, unless an exemption applies. Operators must also seek and obtain confirmation of authority from AFMA before conducting gear trials (subsection 25(3) of the Plan). The Direction applies to all operators holding Statutory Fishing Rights (SFRs) for prawns, squid, scampi, bugs, and scallops within the Northern Prawn Fishery (subsection 14(4) of the Plan). Breaches of the Direction No. NPFD 120 may result in legal consequences. Specifically, Clause 6 prohibits fishing outside of the specified periods for gear trials and within the designated areas without proper authority. Clause 7 ensures that gear trials are conducted only with prior confirmation of authority from AFMA. Any person found fishing in violation of these clauses may face penalties, though the specific penalties are not detailed in the Direction. Operators must ensure strict compliance to avoid any legal repercussions.

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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.