NPF Direction No. 135 - First Season Closures

Administered by Department of Agriculture

Legislation au F2010L00661 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 135

First Season Closures

 

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 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.

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. Under the current trial of co-management arrangements AFMA must consult with Northern Prawn Fishery Industry Pty Ltd (NPFI) on all operational matters for the fishery, including Directions. This is outlined in the co-management policy and memorandum of understanding between AFMA and NPFI and has been endorsed by NORMAC.

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 four major ecologically related species (namely squid, scampi, bugs and scallops).  There are two 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 135 replaces Direction No. NPFD 131 with the effect of updating dates for the 2010 seasons. It establishes closures in specified areas of the fishery.  The Direction sets out closure boundaries and prevents fishing in six specific areas within the fishery to protect spawning and small prawns during the first fishing season and a broader mid-season closure to protect stock prior to and during spawning periods.

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement or quantification of compliance costs are not required on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements. The OBPR considers that the impacts of amendments will be low (ID 11091).

Consultation

AFMA consulted with Northern Prawn Fishing Industry Pty Ltd (NPFI) prior to making the Direction; NPFI 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 Direction to be cited as Direction No. NPFD 135.

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 defines certain terms used in the Direction and provides that terms used in the Direction that are defined for the purposes of the Plan have the same meanings as they have 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 commercial fishing in areas of the fishery detailed in Schedules 1 to 8, during certain periods as set out in the table. 

Clause 7  Clause 7 provides for an exemption to clause 6 for persons who navigate in an exempt transit corridor; for persons carrying out gear trials in accordance with Direction No. NPFD 136; for persons fishing for broodstock prawns under an authority provided by AFMA; or who otherwise fish 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 10 revokes Direction No. NPFD 131.

 

Schedules 1 to 8 describe the areas that are closed to fishing referred to in clause 6.

Schedule 9  describes the exempt transit corridor areas referred to in clause 7.1

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NPFD 135.

 

Overview

The Fisheries Management Act 1991 was enacted to provide a comprehensive framework for the management of fisheries resources within Australia’s jurisdiction, addressing the need for effective and sustainable fisheries management practices. The Act empowers the Australian Fisheries Management Authority (AFMA) to create management plans for specific fisheries, ensuring that fishing activities are conducted in a manner that maintains the health of fish stocks and marine ecosystems while supporting economic viability. The Northern Prawn Fishery Management Plan 1995, which operates under the auspices of the Fisheries Management Act, aims to manage the Northern Prawn Fishery effectively, ensuring sustainable exploitation of prawns and related species through input controls and seasonal closures. Direction No. NPFD 135, issued by AFMA, updates the seasonal closures for the Northern Prawn Fishery to protect spawning and juvenile prawns during critical periods, reflecting the policy objective of maintaining the long-term sustainability of the fishery. AFMA, under the authority granted by the Fisheries Management Act, issued Direction No. NPFD 135 to update seasonal closures in the Northern Prawn Fishery. This direction aims to protect spawning and juvenile prawns during critical periods, aligning with the overarching policy objective of ensuring the sustainable management of the fishery. The Authority consulted with stakeholders, including the Northern Prawn Fishing Industry Pty Ltd (NPFI), prior to issuing the direction, ensuring that industry perspectives were considered in the decision-making process. The Direction replaces the previous Direction No. NPFD 131 and outlines specific areas and periods during which commercial fishing is prohibited, thereby safeguarding the fishery's resources for future generations.

Scope and Application

The Direction No. NPFD 135 applies to 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 limit of the Australian fishing zone. The Direction regulates commercial fishing activities within this fishery, targeting prawns, squid, scampi, bugs, and scallops. It applies to all persons and entities holding Statutory Fishing Rights (SFRs) under the Northern Prawn Fishery Management Plan 1995 and those carrying out fishing activities in accordance with other applicable plans of management or State and Territory laws. The Direction mandates that fishing in specified areas be halted during particular periods to safeguard spawning stocks and small prawns, thus supporting the biological and economic objectives of the fishery. Exemptions are provided for certain activities such as navigation through exempt transit corridors, gear trials, broodstock prawn fishing under AFMA authority, and fishing under other applicable management plans or laws. The Direction extends its regulatory reach through the schedules that detail the closed areas and exempt transit corridors. It supersedes the previous Direction No. NPFD 131, updating the dates for the 2010 fishing seasons.

Key Provisions

The Northern Prawn Fishery Management Plan 1995, Direction No. NPFD 135, primarily serves to establish closures within the Northern Prawn Fishery during specific periods. This legislative instrument, issued under the authority of the Australian Fisheries Management Authority (AFMA), is grounded in subsection 17(5A) of the Fisheries Management Act 1991 (section 17(5A)) and section 14(4) of the Northern Prawn Fishery Management Plan 1995 (section 14(4)). It prohibits commercial fishing in certain areas and during particular periods to protect the fishery's resources, specifically targeting the spawning and juvenile stages of prawns (section 6). These closures are designed to ensure the sustainability and efficient management of the fishery, aligning with the objectives outlined in section 4 of the Plan. The Direction imposes several obligations on parties and entities involved in the fishery. Firstly, it mandates that AFMA consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and, under the current co-management arrangements, also with Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing any directions unless an emergency necessitates immediate action (section 25(3)). Operators within the fishery must adhere to the specified closures and not engage in commercial fishing in the areas and periods detailed in the Direction, unless they qualify for an exemption (section 6 and 7). Exemptions are provided for activities such as navigating through an exempt transit corridor, conducting gear trials, fishing for broodstock prawns under AFMA's authority, or complying with other applicable plans of management under the Fisheries Management Act 1991 or State and Territory law (section 7). The Direction No. NPFD 135 also outlines potential consequences for non-compliance. Engaging in prohibited commercial fishing activities within the specified closed areas and periods could result in enforcement actions. The exact penalties for breaches of this Direction are not explicitly stated in the document; however, generally, under the Fisheries Management Act 1991, penalties for non-compliance can include fines and, in severe cases, imprisonment. The specific fines and penalties would depend on the nature and severity of the breach, as well as any applicable State or Territory laws.

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