NPF Direction No. 140 - First Season Closures

Administered by Department of Agriculture

Legislation au F2010L01074 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 140

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.

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.

Direction No. NPFD 140 replaces Direction No. NPFD 135 with the effect of updating the area of waters for the South West Corner closure. The amendment to the closure involved moving the eastern boundary of the closure landward to allow targeting of banana prawns. The amendment to this closure was supported by the scientific member of the Northern Prawn Fishery Management Advisory Committee (NORMAC) and has no impact on the sustainability of the stock.

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 11374).

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 NPF Direction No. 140.

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 8 revokes NPF Direction No. 135.

 

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 140.

 

Overview

The Fisheries Management Act 1991, enacted by the Parliament of Australia, addresses the need for effective management of fisheries to ensure their sustainability and efficient use. This Act, through the Northern Prawn Fishery Management Plan 1995, empowers the Australian Fisheries Management Authority (AFMA) to regulate fishing activities within the Northern Prawn Fishery. The primary objective is to manage the fishery in a way that is both economically viable and environmentally sustainable, ensuring the long-term health of the prawn stocks and related species. Direction No. NPFD 140, issued by AFMA, aims to further these objectives by implementing specific fishing closures to protect prawn populations during critical periods such as spawning. This legislative instrument is designed to balance ecological preservation with the needs of the fishing industry, consulting with relevant stakeholders to ensure informed decision-making.

Scope and Application

The Direction No. NPFD 140, issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA), pertains to the Northern Prawn Fishery Management Plan 1995. This legislative instrument governs the activities of holders of Statutory Fishing Rights (SFRs) within the Northern Prawn Fishery, which encompasses waters from the northern coast of Western Australia, the coast of the Northern Territory, and the coast of Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian fishing zone. The Direction applies to commercial fishing operations targeting prawns, squid, scampi, bugs, scallops, and other bycatch species during specified periods. AFMA has the authority to direct closures to protect spawning and small prawns, ensuring the fishery's sustainability and efficiency. Exemptions are provided for specific activities such as navigation through designated transit corridors, gear trials under a related direction, broodstock prawn fishing under AFMA authority, or fishing conducted under another plan of management or state/territory law. The Direction does not require any preconditions to be met before its implementation, and it replaces an earlier direction (NPFD 135) by updating the South West Corner closure area to accommodate banana prawn targeting. AFMA consulted with relevant industry stakeholders, who support the measures outlined in the Direction. The geographic scope of the Direction aligns with the jurisdictional reach of the Northern Prawn Fishery, which is overseen by AFMA. This legislative instrument is designed to manage the fishery efficiently and sustainably by imposing temporal and spatial restrictions on commercial fishing activities. The Direction ensures compliance with the objectives of the Northern Prawn Fishery Management Plan 1995 and aims to maintain the ecological balance and economic viability of the fishery. The exemption clauses allow for certain activities that do not impede the overarching management goals, thereby facilitating continued industry operations under regulated conditions.

Key Provisions

The Northern Prawn Fishery Management Plan 1995 Direction No. NPFD 140 outlines specific operational measures to manage the Northern Prawn Fishery. Section 1 of the Direction identifies it as NPFD 140, while Section 2 specifies its commencement date. Section 3 details the entities to which the Direction applies, focusing on operators within the fishery. Section 4 sets out the period during which the Direction is in effect, ensuring that the closures and regulations are adhered to for a specified duration. Section 5 defines key terms used in the Direction, ensuring clarity and consistency with the terms as defined in the Northern Prawn Fishery Management Plan 1995 and the Fisheries Management Act 1991. The Direction imposes specific obligations on operators within the Northern Prawn Fishery. According to Clause 6, commercial fishing is prohibited in the areas and during the periods specified in Schedules 1 to 8. This includes a closure of certain areas to protect spawning and small prawns during the first fishing season, as well as a mid-season closure to safeguard stock prior to and during spawning periods. Operators must ensure compliance with these closures to avoid any infringements. Clause 7 provides exemptions for certain activities, such as navigating in an exempt transit corridor, conducting gear trials in accordance with Direction No. NPFD 136, fishing for broodstock prawns under an authority provided by AFMA, or fishing in accordance with another plan of management in force under the Management Act, or State or Territory law. Failure to comply with the provisions of Direction No. NPFD 140 may result in civil and criminal consequences. Engaging in prohibited fishing activities within the closed areas and periods may lead to penalties under the Fisheries Management Act 1991. The specific penalties for breaching the Act are not detailed in the Direction itself but generally include fines and potential imprisonment for serious offences. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines provided by the Australian Fisheries Management Authority (AFMA). The Direction emphasises the importance of adhering to the specified closures to protect the fishery's sustainability and ecological balance.

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Fisheries Law
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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.