NPF Direction No. 143 - Gear Trials

Administered by Department of Agriculture

Legislation au F2010L01946 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 143

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 made under the Management Act 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 4 major ecologically related species (namely squid, scampi, bugs and scallops). There are 2 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 143 makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas that are set aside for the trials.  Fish are not targeted during gear trials and, under this Direction the trial can be carried out prior to the commencement of the second fishing season. This 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. This alleviates the need for both operators and AFMA to administer special exemptions to closure arrangements during the season.

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 143 replaces Direction No. NPFD 136 and has the effect of changing the dates in which gear trials can take place to align them with the revised dates for the second fishing season of 2010.

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not mandatory on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 11556).

Consultation

AFMA consulted with the 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 NPF Direction No. 143.

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 136.

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

NPFD 143.

Overview

The Fisheries Management Act 1991 was enacted to provide for the sustainable management of fisheries resources in Australian waters, aiming to balance ecological, economic, and social objectives. It established the Australian Fisheries Management Authority (AFMA) as the body responsible for implementing this act. The Northern Prawn Fishery Management Plan 1995 was created under this act to manage the Northern Prawn Fishery, which includes prawns and four major ecologically related species, and operates within the Australian fishing zone along the northern coasts of Western Australia, the Northern Territory, and Queensland. This plan aims to implement efficient and cost-effective management of the fishery while considering the biological and economic objectives. Direction No. NPFD 143, issued by the Australian Fisheries Management Authority, specifies the conditions under which gear trials can be conducted in designated areas to ensure fishing equipment is in efficient working order before the fishing season. This direction is intended to contribute to the economic efficiency and cost-effective administration of the fishery by allowing operators to test their gear without requiring special exemptions to closure arrangements during the fishing season. The Direction aligns with the revised dates for the second fishing season of 2010 and replaces the previous Direction No. NPFD 136. AFMA consulted with relevant stakeholders, including the Northern Prawn Fishery Industry Pty Ltd, before issuing this direction, which is considered minor or machinery in nature and does not substantially alter existing arrangements.

Scope and Application

The Northern Prawn Fishery Management Plan 143 Gear Trials Direction, issued by the Australian Fisheries Management Authority (AFMA), applies to persons who are involved in fishing activities within the Northern Prawn Fishery (NPF), particularly targeting prawns and related species like squid, scampi, bugs, and scallops. This direction targets those holding Statutory Fishing Rights (SFRs) under the Northern Prawn Fishery Management Plan 1995, as they are permitted to engage in fishing activities for both target species and bycatch, subject to specific conditions and directions. The geographic scope of this direction encompasses the NPF, which extends from the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, to the outer limit of the Australian fishing zone. This includes areas where other fisheries for different species are managed by the states and territory, highlighting the need for coordinated management across jurisdictions. The direction stipulates that gear trials can be conducted in designated areas prior to the commencement of the second fishing season, provided that no fish are targeted during these trials. Additionally, operators must seek and receive confirmation of authority to conduct these trials, and the direction revokes the previous Direction No. NPFD 136, aligning the trial dates with the revised second fishing season of 2010. Exemptions may apply to operators who are fishing in accordance with another management plan under the Fisheries Management Act 1991 or state/territory laws.

Key Provisions

The main operative sections of the Northern Prawn Fishery Management Plan 1995 Direction No. NPFD 143 (Clauses 1-9) establish the parameters and procedures for gear trials within the Northern Prawn Fishery. Clause 1 names the direction as NPF Direction No. 143. Clause 2 specifies the commencement date of the direction, while Clause 3 identifies the operators to whom the direction applies. Clause 4 details the period during which the direction is in effect. Clause 5 interprets the direction by defining key terms and adopting definitions from the Northern Prawn Fishery Management Plan 1995 and the Fisheries Management Act 1991. Clause 6 prohibits fishing outside of specified gear trials periods and areas, Clause 7 mandates that operators must obtain and follow authority for conducting gear trials, and Clause 8 exempts operators fishing under another management plan from the restrictions in Clauses 6 and 7. Clause 9 revokes the previous direction, NPFD 136, in favour of this new direction. The Schedule describes the specific areas in the fishery where gear trials may be conducted. The obligations and requirements imposed by the direction on the parties governed by it are stringent and clearly defined. Operators must adhere to the specified periods for conducting gear trials, which are outlined in the Schedule. They must also seek and receive confirmation of authority from the Australian Fisheries Management Authority (AFMA) before conducting any gear trials. Failure to comply with these requirements could result in significant legal consequences. Additionally, operators must ensure that their activities do not conflict with the operations of other fisheries within the same geographic area. The direction requires operators to consult with AFMA and, under the current co-management arrangements, with the Northern Prawn Fishery Industry Pty Ltd (NPFI) before engaging in any gear trials. Failure to comply with the provisions of Direction No. NPFD 143 may result in significant civil and criminal consequences. Clause 6 makes it an offence to fish outside of the specified periods and areas for gear trials. If an operator engages in fishing activities during these prohibited periods, they may face penalties. The exact penalties are not detailed in the direction itself but are typically outlined in the Fisheries Management Act 1991 or other relevant legislation. Violators may also face additional consequences such as the suspension or revocation of their fishing rights. Furthermore, Clause 7 mandates that operators must obtain and follow authority for conducting gear trials. Failure to do so could lead to enforcement actions against the operators, potentially resulting in fines, legal proceedings, or other administrative penalties. The direction also specifies the conditions under which exemptions may apply. According to Clause 8, operators who are fishing in accordance with another plan of management in force under the Fisheries Management Act 1991 or State or Territory law may be exempt from the restrictions imposed by Clauses 6 and 7. This provision ensures that operators who are compliant with other regulatory frameworks are not unduly hindered by the restrictions of this direction. It is important for operators to ensure that they meet all the requirements of any applicable management plans to benefit from this exemption. The regulation impact statement confirms that this direction does not substantially alter existing arrangements and, therefore, does not require a detailed analysis of its potential effects.

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