NPF Direction No. 129 - Prohibition on Fishing

Administered by Department of Agriculture

Legislation au F2009L02668 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 129.

Prohibition on Fishing

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 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 129 prevents trawling during daylight hours in key tiger prawn areas because it is believed that mature female tiger prawns are more susceptible to daylight trawling. It is important to protect these prawns as they form the breeding stock. Research to confirm that mature females are more susceptible has been carried out however the results were inconclusive. Accordingly AFMA has taken a precautionary approach and banned daylight trawling. This Direction also prohibits trawling 24 hrs a day for the banana season in part of the Gulf of Carpentaria and around the Goulburn Islands to reduce the catch of pre-spawning tiger prawns in the first season.

Direction No. NPFD 129 replaces Direction No. NPFD 125 and has the effect of adjusting the prohibitions to make them consistent with the new season dates that are being implemented in the fishery.

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 10447).

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 129.

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 clause defines the matters 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. The note indicates that terms defined in the Management Act have the same meaning in the Direction.

Clause 6 Clause 6 prohibits fishing in Area A and Area B described in Schedule 1 from 2200 hrs UTC 6 April 2009 to 2200 hours UTC on 31 December 2009. Prohibits daylight fishing between the hours of 2230 and 0830 (Universal Time Constant) in areas west of 138 E defined in Schedule 2 for the period from 1 August until 31 December 2009 and prohibits daylight fishing between the hours of 2200 and 0800 (Universal Time Constant) in areas east of 138 E defined in Schedule 2 for the period from 1 August until 31 December 2009.

Clause 7 Clause 7 provides an exemption to clause 6 for persons fishing in accordance with another plan of management in force under the Management Act or State or Territory law applying in the area of the fishery.

Clause 8 Clause 8 revokes Direction No. NPFD 125.

Schedule 1 describes two areas to which the trawling prohibition applies. Area A being the Gulf of Carpentaria area and Area B being the Goulburn Islands area during the first season.

Schedule 2 describes an area within which the daylight trawling prohibition applies Area C being the Gulf of Carpentaria area and Area D being the Goulburn Islands area during the second season.

NPFD 129.

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries in Australia, with the aim of ensuring that fisheries are managed sustainably. The Act established the Australian Fisheries Management Authority (AFMA) to develop and implement management plans for fisheries, including the Northern Prawn Fishery. Direction No. NPFD 129, issued by AFMA under the authority of the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, is a legislative instrument aimed at addressing specific issues within the fishery. It prohibits certain types of fishing activities in designated areas to protect the breeding stock of tiger prawns and to manage the fishery sustainably. The policy objective is to ensure that the fishery is managed in a way that maintains the ecological balance and supports the long-term viability of the prawn population. Direction No. NPFD 129 specifically targets the timing and methods of trawling to mitigate potential harm to mature female tiger prawns and pre-spawning prawns. The prohibitions are based on a precautionary approach due to inconclusive research results regarding the vulnerability of mature females to daylight trawling. This Direction replaces an earlier one, NPFD 125, and adjusts the prohibitions to align with new seasonal dates. Consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) was undertaken prior to the issuance of this Direction, and NORMAC supports the measures implemented. The Direction aims to balance the needs of the fishery with the imperative to protect critical prawn stocks, thereby supporting the overarching goals of sustainable fisheries management as outlined in the Act.

Scope and Application

The Northern Prawn Fishery Management Plan 1995, as amended by Direction No. NPFD 129, applies to all persons and entities engaged in fishing activities within the Northern Prawn Fishery, which spans the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limits of the Australian fishing zone. This direction specifically targets operators permitted under the Plan to fish for prawns and four major ecologically related species: squid, scampi, bugs, and scallops. The scope of the Direction includes prohibiting certain fishing practices such as trawling during specific times of the day and in designated areas to protect the breeding stock of tiger prawns, particularly mature females. The geographic reach of the Direction encompasses the entire Northern Prawn Fishery, which includes areas managed by both the Commonwealth and the states and territory, ensuring consistency in management practices across these jurisdictions. The Direction applies to all operators within the fishery unless they are exempt under Clause 7 for fishing under another plan of management. The regulation also includes provisions for the revocation of previous directions, such as Direction No. NPFD 125, to align with the new season dates and management objectives.

Key Provisions

Direction No. NPFD 129 is a legislative instrument issued under the Fisheries Management Act 1991, aimed at managing the Northern Prawn Fishery. Section 17(5A) of the Act allows the Australian Fisheries Management Authority (AFMA) to direct that fishing should not be conducted in the fishery or certain parts of it during specific periods, after consulting with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) unless it's an emergency (Section 25(3)). This Direction, NPFD 129, replaces the previous Direction, NPFD 125, and adjusts prohibitions to align with new season dates. It prohibits trawling during daylight hours in specific areas to protect mature female tiger prawns, which are crucial for the breeding stock, and restricts trawling 24 hours a day in certain areas during the banana prawn season to reduce the catch of pre-spawning tiger prawns. The fishery encompasses the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, and it involves multiple species including prawns, squid, scampi, bugs, and scallops. The Direction imposes obligations on the parties involved, primarily those permitted to fish in the fishery, to adhere to the specified restrictions on fishing times, equipment, and methods. Operators must ensure they do not engage in trawling during the prohibited hours in designated areas as outlined in Schedule 1 and Schedule 2 of the Direction. Additionally, operators must comply with the closure periods set forth in the Direction to manage fishing effort effectively. AFMA must also consult with NORMAC before issuing any direction unless it is an emergency situation. Clause 6 of the Direction prohibits trawling in specific areas during certain hours, with exemptions provided for those fishing under another management plan under the Fisheries Management Act 1991 or relevant State or Territory laws. Clause 7 specifies that these prohibitions do not apply to persons fishing in accordance with another plan of management. Failure to comply with the provisions of this Direction may result in civil or criminal penalties. Although the specific penalties are not detailed in the explanatory statement, breaches of fishing regulations under the Fisheries Management Act 1991 can generally result in fines and other penalties as stipulated by the Act.

Area of Law: Environmental Law; Fisheries Law
Instrument: Legislative Instrument
Concepts: Prohibited Conduct; Licensing & Registration; Reporting & Disclosure Obligations; Regulatory Standards; Enforcement Powers

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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.

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