NPF Direction No. 124 - Gear Trials

Administered by Department of Agriculture

Legislation au F2009L01230 Not in force Legislative Instrument

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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 124

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 124 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 first 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 124 replaces Direction No. NPFD 120 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 Business Cost Calculator (BCC) or Regulation Impact Statement (RIS) is not required on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 10111).

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 124.

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 120.

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

NPFD 124.

Overview

The Fisheries Management Act 1991, enacted to address the need for efficient and sustainable management of Australia's fisheries, empowers the Australian Fisheries Management Authority (AFMA) to make plans of management for specific fisheries, including the Northern Prawn Fishery. The Act aims to ensure that fisheries are managed in a way that is economically efficient and ecologically sustainable. Direction No. NPFD 124, issued by AFMA, facilitates gear trials in designated areas of the Northern Prawn Fishery, allowing operators to test their equipment before the fishing season begins. This measure enhances the economic efficiency and cost-effective administration of the fishery by permitting necessary pre-season testing without requiring special exemptions to closure arrangements. The Direction also aims to minimise the impact on prawn stocks while remaining practical for operators, thereby supporting the overarching objectives of the Northern Prawn Fishery Management Plan 1995.

Scope and Application

Direction No. NPFD 124 applies to persons engaged in the Northern Prawn Fishery who are permitted by the Northern Prawn Fishery Management Plan 1995 to fish for prawns, squid, scampi, bugs and scallops. This includes holders of Statutory Fishing Rights (SFRs) who are authorised to take target species and bycatch within the fishery. The geographic reach of the Direction spans 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. The Direction is applicable to the specific periods designated for gear trials, as outlined in the Schedule, and requires operators to seek and receive confirmation of authority to carry out such trials in the prescribed manner. Importantly, the Direction provides an exemption for operators fishing in accordance with another plan of management under the Fisheries Management Act 1991 or State or Territory law applicable in the area of the fishery. The application and enforcement of the Direction are subject to consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) unless the direction is issued in circumstances of an emergency. Furthermore, the Direction replaces Direction No. NPFD 120, adjusting the dates for gear trials to align with the revised dates for the fishing season.

Key Provisions

The Northern Prawn Fishery Management Plan 1995 (the Plan), under the Fisheries Management Act 1991, allows the Australian Fisheries Management Authority (AFMA) to issue directions regarding fishing activities. Specifically, Direction No. NPFD 124 (sections 17(5A) and 17(5B) of the Management Act) allows AFMA to direct that fishing activities are not to be engaged in certain parts of the fishery during particular periods. The Direction permits fishing operators to conduct gear trials in specified areas before the fishing season begins (subsection 25(1) of the Plan). These trials are designed to ensure that fishing equipment is in working order without needing special exemptions during the closure periods. Clause 4 of the Direction specifies the periods during which these trials can be conducted, while Clause 6 prohibits fishing unless it is part of a gear trial during the specified periods and in the areas outlined in the Schedule. Under this Direction, fishing operators must adhere to several obligations. They are required to seek and receive confirmation of authority before conducting gear trials, as outlined in Clause 7. This involves contacting AFMA for approval, and any gear trials must be conducted strictly in the areas and times permitted by the Direction. Operators must also ensure that they are not fishing outside of these approved gear trials unless they are exempt under Clause 8, which applies to those fishing under another plan of management in force under the Management Act or relevant State or Territory law. Furthermore, operators must follow the specific guidelines set out in the Schedule, which details the areas in the fishery where gear trials can take place. Failure to comply with the provisions of Direction No. NPFD 124 can result in various consequences. Clause 6 explicitly prohibits fishing outside of the designated gear trial periods and areas, and non-compliance with this prohibition could lead to enforcement actions. While the Direction does not explicitly state penalties, breaches of the Fisheries Management Act 1991 or the Northern Prawn Fishery Management Plan 1995 can attract penalties under general provisions of the Act. Typically, penalties for contravening fishing regulations can include fines up to several thousand dollars, depending on the severity and circumstances of the breach. Additionally, persistent non-compliance or serious breaches could result in further sanctions such as suspension or revocation of fishing licenses, thereby impacting the operator's ability to legally engage in fishing activities.

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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.