NPF Direction No. 138 - Bug Size Limits

Administered by Department of Agriculture

Legislation au F2010L00664 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 138

Bug Size Limits

 

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) 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. 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 138 prohibits the fishing for bugs (Thenus indicus and Thenus orientalis) with a carapace width less than 75mm and for female egg-bearing bugs.

Direction No. NPFD 138 replaces Direction No. NPFD 117 and has the effect of amending to clarify that all bugs taken in the Northern Prawn Fishery must be taken in accordance with this Direction.

 

 

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  provides for the determination to be cited as Direction No. NPFD 138.

Clause 2 provides for the commencement of the Direction.

Clause 3  states to whom the Direction applies.

Clause 4  sets out the period of application for this Direction.

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  sets the restrictions on the take of bugs. 

Clause 7  provides an exemption to the prohibition in clauses 6.1 and 6.2.

Clause 8 revokes Direction No. NPFD 117.

 

NPFD 138.

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries and fishing in Australian waters, aiming to ensure the sustainable use of fisheries resources. This legislation established the framework for the Australian Fisheries Management Authority (AFMA) to manage fisheries through plans of management, including setting rules and restrictions on fishing activities. Direction No. NPFD 138, issued under the authority of AFMA, aims to address specific concerns within the Northern Prawn Fishery by setting size limits for bugs (Thenus indicus and Thenus orientalis). This direction was introduced to clarify and update the existing regulations concerning the size of bugs that can be fished, ensuring compliance with sustainability objectives and enhancing the protection of the fishery's resources. The policy objective of this direction is to maintain the health and productivity of the Northern Prawn Fishery by preventing the capture of undersized and egg-bearing bugs, thereby supporting long-term ecological balance and economic viability.

Scope and Application

Direction No. NPFD 138 issued under the Fisheries Management Act 1991 applies to all operators engaged in 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 fishery, which includes prawns and four major ecologically related species, is managed through input controls to address biological and economic objectives. Specifically, this direction pertains to the size limits for the capture of bugs (Thenus indicus and Thenus orientalis) within the fishery. Direction No. NPFD 138 prohibits the fishing of bugs with a carapace width less than 75mm and specifically bans the capture of female egg-bearing bugs. This direction supersedes Direction No. NPFD 117 and ensures that all bug catches within the Northern Prawn Fishery comply with the specified size limits. The Australian Fisheries Management Authority (AFMA) must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing such a direction, unless it is issued in an emergency. The regulation impact statement indicated that this direction, being of a minor or machinery nature, does not substantially alter existing arrangements and does not require a quantification of compliance costs.

Key Provisions

The key operative sections of Direction No. NPFD 138 (Clauses 6 and 7) establish specific rules for the take of bugs in the Northern Prawn Fishery. Clause 6 sets out the restrictions, prohibiting the fishing for bugs with a carapace width less than 75mm and for female egg-bearing bugs. This means that any bugs caught during fishing activities must meet the minimum size requirement of 75mm and cannot be egg-bearing females. Clause 7 provides an exemption to the prohibition, allowing certain activities under specified conditions, such as scientific research or the use of traditional Aboriginal methods, subject to compliance with additional conditions that may be set by the Authority. These provisions are intended to protect the bug population and ensure sustainable fishing practices within the fishery. The obligations imposed by the Direction on the parties or entities it governs primarily revolve around compliance with the specified bug size limits and any exemptions granted. Operators within the Northern Prawn Fishery must ensure that their fishing activities adhere to the size restrictions outlined in Clause 6, avoiding the capture of bugs that are too small or egg-bearing females. This involves monitoring and verifying the size of bugs caught during fishing operations. Additionally, operators who wish to take advantage of the exemptions provided in Clause 7 must comply with any additional conditions set by the Authority to ensure that their activities do not adversely impact the sustainability of the bug population. Failure to comply with these obligations could result in regulatory action. The Direction imposes civil and criminal consequences for breaches, though specific penalties are not detailed within the Direction itself. Generally, under the Fisheries Management Act 1991, breaches of fishing directions or management plans can result in substantial fines. For individuals, the maximum penalty can be significant, often reaching hundreds of thousands of dollars, depending on the severity of the breach and any previous convictions. For corporations, the penalties can be even higher. Additionally, repeat offenders or those who cause significant harm to the fishery or its resources may face more severe penalties, including potential imprisonment. The exact penalties would be determined in the context of any enforcement action taken under the relevant provisions of the Fisheries Management Act.

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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.