NPF Direction No. 142 - Prohibition on Fishing

Administered by Department of Agriculture

Legislation au F2010L01364 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 142

Prohibition on Fishing

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 142 prohibits trawling 24 hrs a day for the banana season in part of the Gulf of Carpentaria and around the Goulburn Islands to reduce the catch of pre-spawning tiger prawns in the first season.

Direction No. NPFD 142 replaces Direction No. NPFD 137 and has the effect of amending the area of waters for the Gulf of Carpentaria closure. The amendment to the closure will allow fishing east of longitude 138º00E.

The area was closed to reduce effort on tiger prawns during the banana season. The agreement to amend the closure was based on indications from the size-based assessment that an increase in effort on brown tiger prawns during the banana season would not affect the sustainability of the stock.

The amendment to the area follows agreement from the NPFI, Northern Prawn Fishery Resource Assessment Group (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 11419).

Consultation

AFMA consulted with Northern Prawn Fishery Industry Pty Ltd (NPFI) prior to making the Direction and 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 NPF Direction No.142.

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 clause defines the matters 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. The note indicates that terms defined in the Management Act have the same meaning in the Direction.

Clause 6 Clause 6 prohibits fishing in the areas described in Schedule 1.

Clause 7 Clause 7 provides an exemption to clause 6 for persons fishing 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 137.

Schedule 1 describes two areas to which the trawling prohibition applies, Area A being the Gulf of Carpentaria area and Area B being the Goulburn Islands area during the first season.

NPFD 142.

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to provide a framework for the management of Australia's fisheries, ensuring their sustainable use. The Act authorises the creation of management plans for specific fisheries, such as the Northern Prawn Fishery Management Plan 1995, and enables the Australian Fisheries Management Authority (AFMA) to issue directions to regulate fishing activities within these plans. The policy objective is to balance the economic, environmental, and social objectives of fisheries management. Direction No. NPFD 142, issued under the Act, aims to prohibit fishing in certain areas during the banana season to protect pre-spawning tiger prawns and ensure the fishery's sustainability. This direction replaces an earlier one, NPFD 137, and amends the area of closure in the Gulf of Carpentaria based on assessments and consultations with stakeholders, including the Northern Prawn Fishery Industry Pty Ltd (NPFI), Northern Prawn Fishery Resource Assessment Group (NPRAG), Northern Prawn Fishery Management Advisory Committee (NORMAC), and AFMA.

Scope and Application

The Northern Prawn Fishery Management Plan 1995, implemented by Direction No. NPFD 142 under the Fisheries Management Act 1991, governs the prohibition of certain fishing activities within specific areas of the Northern Prawn Fishery to ensure the sustainability of prawn stocks. This direction applies to all operators engaged in trawling activities within the specified areas, namely the Gulf of Carpentaria and the Goulburn Islands, during the first fishing season. The geographic reach of this legislation encompasses the waters extending 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. Notably, the legislation is subject to consultation requirements with relevant stakeholders, including the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishery Industry Pty Ltd, before any direction is issued, except in emergency situations. Exemptions to the prohibition on fishing may apply if operators are adhering to other management plans under the Fisheries Management Act 1991 or relevant state and territory laws. The Direction replaces and amends the area of closure previously established by Direction No. NPFD 137, following consultations and agreements among stakeholders.

Key Provisions

The key provisions of Direction No. NPFD 142 under the Fisheries Management Act 1991 (the "Management Act") and the Northern Prawn Fishery Management Plan 1995 (the "Plan") include the prohibition on trawling in specific areas of the Northern Prawn Fishery during certain periods, particularly during the first fishing season (banana season) to protect pre-spawning tiger prawns. This prohibition is detailed in Clause 6 of the Direction, which applies to the areas described in Schedule 1, namely, the Gulf of Carpentaria and around the Goulburn Islands. The commencement and applicability of this Direction are set out in Clauses 2 and 3 respectively, and the interpretation of terms used in the Direction is provided in Clause 5. The Direction imposes obligations on the parties or entities it governs, primarily the operators within the Northern Prawn Fishery. These obligations include adherence to the fishing prohibitions outlined in Clause 6 unless they are granted an exemption under Clause 7, which allows persons to continue fishing if they are operating under another plan of management in force under the Management Act or State or Territory law. The Australian Fisheries Management Authority (AFMA) is mandated to consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI) before issuing such directions, as outlined in Subsection 25(3) of the Plan, unless the direction is issued in an emergency. This consultation requirement ensures that the stakeholders are informed and their inputs considered in the decision-making process. Breach of the provisions of Direction No. NPFD 142 may result in civil and/or criminal penalties. Although the specific penalties are not detailed in the Direction, the Management Act generally provides for enforcement measures that include fines and other penalties for violations. The seriousness of the breach, including factors such as intent and repetition, may influence the severity of the penalties imposed. The Office of Best Practice Regulation has advised that the Direction is considered minor or of a machinery nature, implying that the compliance costs and impacts are anticipated to be low.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Prohibited Conduct; Enforcement Powers

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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.

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