NPF Direction No. 141 - First Season Closures

Administered by Department of Agriculture

Legislation au F2010L01363 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 141

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 specific areas within the fishery to protect spawning and small prawns during the first fishing season as well as a broader mid-season closure to protect stock prior to and during spawning periods.

Direction No. NPFD 141 replaces Direction No. NPFD 140 with the effect of removing the Sweers Island – Mornington Island closure. The removal of the closure follows agreement by the Northern Prawn Fishery Resource Assessment Group (NPRAG) and NORMAC to allow fishing for tiger prawns during the banana season in areas east of the 138º00 latitude. The Sweers Island-Mornington Island closure was in place to protect sub-adult tiger prawns early in the banana season. Opening this area towards the end of the 2010 banana season, as the tiger prawns mature, will allow access to this sustainable stock through the efficient distribution of effort over both seasons. Permanent spatial closures continue to protect juvenile and sub-adult prawns.

The removal of this closure was supported by the NPFI, NPRAG, NORMAC and AFMA.

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 11418).

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. 141.

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 7, 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 Direction No. NPFD 140.

 

Schedules 1 to 7 describe the areas that are closed to fishing referred to in clause 6.

Schedule 8  describes the exempt transit corridor areas referred to in clause 7.1

.

NPFD 141.

 

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the sustainable management of Australia's fisheries, ensuring both ecological sustainability and the economic viability of the fishing industry. This Act was introduced to address the need for effective management of marine resources, particularly in the context of Australia's extensive fishing zones. The Australian Fisheries Management Authority (AFMA) is the enacting body responsible for the administration of the Act, with a policy objective of achieving sustainable fisheries management through the establishment of management plans. One such management plan is the Northern Prawn Fishery Management Plan 1995, which outlines the specific measures necessary for the management of the Northern Prawn Fishery. Direction No. NPFD 141, issued under the authority of AFMA, provides for the closure of certain areas within the Northern Prawn Fishery during particular periods to protect spawning and small prawns, ensuring the long-term sustainability of the fishery while allowing for efficient distribution of fishing effort.

Scope and Application

The Northern Prawn Fishery Management Plan 1995, administered by the Australian Fisheries Management Authority (AFMA), governs the management of the Northern Prawn Fishery, which 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. This legislation applies to operators holding Statutory Fishing Rights (SFRs) granted under the Plan who are permitted to take prawns, squid, scampi, bugs, and scallops within the specified fishery. The Act mandates that AFMA, following consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and the Northern Prawn Fishery Industry Pty Ltd (NPFI), may direct closures within the fishery to protect spawning and small prawns during certain periods. Direction No. NPFD 141 specifically prohibits commercial fishing in designated areas during particular periods, while allowing exemptions for certain activities such as navigating in an exempt transit corridor, conducting gear trials, fishing for broodstock prawns under AFMA authority, or operating under another applicable management plan or state/territory law. This Direction replaces the previous Direction No. NPFD 140, reflecting adjustments supported by NPRAG, NORMAC, and AFMA, and aims to enhance sustainable fishing practices by distributing effort efficiently over both fishing seasons.

Key Provisions

The main operative sections of Direction No. NPFD 141 (Clauses 2 to 8) set out the commencement, application, definitions, prohibitions, exemptions, and revocation of previous directions in relation to the Northern Prawn Fishery (NPF) (Clause 2 to 7). Clause 6 specifically prohibits commercial fishing in specified areas and periods to protect prawn stocks during critical spawning times. Clause 7 includes exemptions for certain activities, such as navigation through an exempt transit corridor or specific research and management-related fishing activities (Clause 7). Clause 8 revokes the previous Direction No. NPFD 140, reflecting changes in the fishery management strategy (Clause 8). The Direction imposes obligations on parties such as the Australian Fisheries Management Authority (AFMA), holders of Statutory Fishing Rights (SFRs), and operators in the NPF. AFMA must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing the Direction, unless it is an emergency situation (Subsection 25(3) of the Plan). Operators must comply with the fishing prohibitions and closures as detailed in the Direction to ensure the sustainability of the fishery. They must also adhere to any exemptions outlined in Clause 7, such as navigating through designated transit corridors or conducting authorised research activities. Breaches of the provisions outlined in Direction No. NPFD 141 can result in both civil and criminal consequences. Under the Fisheries Management Act 1991, engaging in prohibited fishing activities can lead to fines and potential imprisonment. The specific penalties are not detailed in the Direction itself but are governed by the broader fisheries legislation. For instance, under section 127 of the Fisheries Management Act, a person who contravenes a direction can be subject to a fine of up to 500 penalty units (approximately AUD 75,000) for an individual and up to 5,000 penalty units (approximately AUD 750,000) for a body corporate, as well as imprisonment for up to two years. These penalties underscore the importance of compliance with the management plan and directions issued by AFMA.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers
Consultation Requirements

Interactions

Authorises

All Versions

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.