Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the sustainable management of Australia's fisheries, ensuring their long-term health and productivity while balancing economic and social objectives. The Act established the Australian Fisheries Management Authority (AFMA) to develop and implement management plans for various fisheries, including the Northern Prawn Fishery, which spans parts of Western Australia, the Northern Territory, and Queensland. The policy objective of the Act is to maintain fishery resources within sustainable limits, ensuring their availability for future generations. The Authority is empowered to issue directions under the Act to manage fishing activities effectively, as outlined in the Northern Prawn Fishery Management Plan 1995. Direction No. NPFD 130, issued by AFMA, aims to prohibit daylight fishing in specific areas to protect mature female tiger prawns, which are crucial for the breeding stock, although conclusive research on their susceptibility to daylight trawling remains inconclusive. The legislative instrument, Direction No. NPFD 130, was created to address the need for precautionary measures in protecting the breeding stock of tiger prawns in the Northern Prawn Fishery. It was issued in consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), which supports the direction. The Direction replaces the previous Direction No. NPFD 129 to align with the new fishing season dates, reflecting a commitment to adaptive management based on the best available scientific information. The Authority concluded that a detailed Regulatory Impact Statement was unnecessary as the Direction is minor and does not substantially alter existing arrangements.

Scope and Application

The Northern Prawn Fishery Management Plan 1995, as amended by Direction No. NPFD 130, applies to the Northern Prawn Fishery which encompasses the waters off the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian fishing zone. This management plan is designed to regulate the fishing of prawns and four major ecologically related species: squid, scampi, bugs, and scallops. The regulation of the fishery is implemented through a series of input controls, which include restrictions on fishing time, equipment, boat numbers, and specifications to meet biological and economic objectives. The Australian Fisheries Management Authority (AFMA) has the authority to issue directions under the Fisheries Management Act 1991 to prohibit fishing in certain parts of the fishery, and Direction No. NPFD 130 specifically addresses the prohibition of trawling during daylight hours in key tiger prawn areas. This measure is precautionary, aiming to protect mature female tiger prawns, which are crucial for the breeding stock, although research confirming their susceptibility to daylight trawling remains inconclusive. The application of this direction is subject to consultation with the Northern Prawn Fisheries Management Advisory Committee, except in emergency situations. Direction No. NPFD 130 supersedes Direction No. NPFD 129 and adjusts the prohibitions to align with new season dates implemented in the fishery.

Key Provisions

The primary operative sections of Direction No. NPFD 130, under the Fisheries Management Act 1991, are set out in Clauses 6 and 7 (Clause 6 and Clause 7). Clause 6 establishes a prohibition on trawling during daylight hours in specific areas of the Northern Prawn Fishery, specifically between the hours of 2200 and 0830 (UTC) west of 138° E and 2200 and 0800 (UTC) east of 138° E, effective from 25 July to 31 December 2009. This prohibition is aimed at protecting mature female tiger prawns, which are more vulnerable to daylight trawling and are crucial for the fishery's breeding stock. Clause 7 allows for an exemption to this prohibition for those fishing under another plan of management under the Fisheries Management Act 1991 or state or territory law. This ensures that other regulated activities can continue without unnecessary hindrance, provided they adhere to their respective management plans. The Direction imposes specific obligations and requirements on the parties it governs. Operators engaged in the Northern Prawn Fishery must comply with the prohibition on trawling during specified daylight hours in defined areas. They must also ensure that their activities do not conflict with the exemptions outlined in Clause 7. Additionally, all operators must adhere to the measurement of time as defined in Clause 5, which adopts terms used in the Northern Prawn Fishery Management Plan 1995 and the Fisheries Management Act 1991. Failure to comply with these provisions can result in significant consequences. The Direction also delineates the consequences for non-compliance. While the explanatory statement does not explicitly list offences or penalties, it is clear that breaches of the prohibitions outlined in Clause 6 could lead to legal repercussions. Given that the Direction is made under the Fisheries Management Act 1991, penalties for non-compliance could include fines and other enforcement actions as prescribed by the Act. The exact penalties would depend on the nature and severity of the breach, but they could potentially include substantial financial penalties and other administrative actions to enforce compliance. Consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) is a mandatory step before issuing the Direction, as stipulated in the Management Plan (Subsection 25(3)). The consultation process ensures that the Direction is well-informed and supported by relevant stakeholders. Furthermore, the determination that a Business Cost Calculator or Regulation Impact Statement is not required, as advised by the Office of Best Practice Regulation, highlights the minor or machinery nature of the Direction, which does not substantially alter existing arrangements (ID 10708). This advisory also underscores the administrative efficiency and minimal economic impact intended by the Direction.