NPF Direction No. 136 - Gear Trials

Administered by Department of Agriculture

Legislation au F2010L00662 Not in force Legislative Instrument

Legislation content

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 136

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 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. 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 136 makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas set aside for testing gear.  Fish are not targeted during gear trials and, under the Direction, the trial can be carried out prior to the commencement of the 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 136 replaces Direction No. NPFD 128 and has the effect of changing the dates in which gear trials can take place to align them with the revised dates for the 2010 fishing seasons.

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 Fishery 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 determination to be cited as Direction No. NPFD 136.

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 128.

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

NPFD 136.

Overview

The Northern Prawn Fishery Management Plan 1995, enacted in 1995, addresses the need for sustainable and efficient management of the Northern Prawn Fishery, which is crucial for maintaining the ecological balance and supporting the economic interests of the fishing industry. The Australian Fisheries Management Authority (AFMA), established under the Fisheries Management Act 1991, is responsible for managing this fishery. The primary policy objective of the Plan is to implement effective management practices that ensure the long-term sustainability and economic viability of the fishery. One of the key tools provided by the Plan is the ability to direct that fishing is not to be engaged during specific periods, which can be applied to particular areas, species, or types of fishing equipment to manage the fishery efficiently. This legislative framework allows for adaptive management, ensuring that the fishery can respond to biological and economic changes effectively. Direction No. NPFD 136, issued under the authority of AFMA, provides for gear trials in designated areas before the fishing season begins. This initiative supports the overarching goal of the Northern Prawn Fishery Management Plan 1995 by allowing operators to test their equipment without targeting fish, thereby reducing the risk of overfishing and ensuring that gear is in optimal working condition. The Direction aligns with the policy objective of promoting economic efficiency and cost-effective administration of the fishery by eliminating the need for special exemptions during closure periods. This measure also minimises the impact on prawn stocks while allowing for practical testing of fishing gear.

Scope and Application

The Direction No. NPFD 136, issued under the Fisheries Management Act 1991, applies to persons engaged in the Northern Prawn Fishery, specifically those with Statutory Fishing Rights granted under the Northern Prawn Fishery Management Plan 1995. This legislation governs the conduct of operators within the fishery, which extends from the northern coast of Western Australia, through the Northern Territory, and to the Gulf of Carpentaria in Queensland, including the outer limits of the Australian fishing zone. The Direction allows for the testing of fishing equipment in specified areas to ensure operational efficiency prior to the fishing season, provided that no fish are targeted during these trials. The areas for the gear trials are chosen to minimise impact on prawn stocks while allowing practical testing by operators. The Direction applies during the specified periods and requires operators to seek and receive confirmation of authority to conduct the trials. Exemptions apply for operators fishing under another management plan under the Fisheries Management Act 1991 or relevant State or Territory law. The Direction revokes the previous Direction No. NPFD 128, updating the timing of the gear trials to align with the revised 2010 fishing season dates.

Key Provisions

Direction No. NPFD 136 under the Fisheries Management Act 1991 is a legislative instrument that outlines specific provisions for gear trials in the Northern Prawn Fishery (NPF). According to section 17(5A) and 17(5B) of the Management Act, AFMA can direct that fishing activities are temporarily halted in certain parts of the fishery, such as a specific area, species, type of fishing equipment, or method. Section 25(1) of the Northern Prawn Fishery Management Plan 1995 allows AFMA to issue such directions, with subsection 25(3) stipulating that AFMA must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) unless the direction is issued in an emergency. Clause 6 of Direction No. NPFD 136 prohibits fishing outside of the specified gear trial periods and areas, while Clause 7 mandates that operators must seek and receive confirmation of authority to conduct gear trials as described in the Direction. Operators and other stakeholders must comply with the provisions of Direction No. NPFD 136, ensuring that any fishing activities during the specified gear trial periods occur only within the designated areas and with the necessary authorisation. Operators must also adhere to the consultation requirements set out in the Plan, engaging with AFMA and NORMAC as necessary. Furthermore, operators must ensure that their fishing gear is in efficient working order prior to the commencement of the fishing season, as the gear trials are intended to facilitate this process without requiring special exemptions to the closure arrangements. Failure to comply with Direction No. NPFD 136 may result in legal consequences. Clause 6 of the Direction prohibits fishing outside the specified gear trial periods and areas, and Clause 7 mandates that operators must seek and receive confirmation of authority to conduct gear trials. Breach of these provisions could lead to enforcement actions by AFMA, potentially resulting in fines or other penalties as outlined in the Fisheries Management Act 1991. The exact penalties for non-compliance are not specified in the Direction but could include substantial financial penalties or other sanctions as determined by the relevant authorities. In summary, Direction No. NPFD 136 establishes specific requirements and prohibitions for gear trials in the Northern Prawn Fishery, ensuring that such activities are conducted within designated areas and periods, and with the necessary authorisation. Operators and stakeholders must adhere to these provisions to avoid potential legal consequences, including fines or other penalties as stipulated in the Fisheries Management Act 1991. The Direction aims to facilitate efficient and cost-effective management of the fishery while allowing operators to test their fishing gear prior to the commencement of the fishing season.

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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.