EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery Management Plan 1995
NPF Direction No. 145
Revocation
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management for a fishery (in this case the Northern Prawn Fishery) is to set out the objectives of the plan of management, measures by which the objectives are to be attained and performance criteria against which the measures taken may be assessed. In accordance with subsection 17(5A) of the Management Act the measures to be set out by which the objectives of the plan of management are to be attained include:
a) providing for AFMA, after such consultations (if any) as are 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; and
b) providing for holders of fishing concessions in respect of the fishery to be notified of the direction; and
c) obliging those holders to comply with the direction.
Section 14 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.
Prior to the commencement of the first season in 2010 (April – June), two large closures were implemented (Direction No. 137) in order to protect tiger prawns and allow them to mature before harvesting commenced in the second season (August – November). On the basis of scientific research, it was found that tiger prawn stocks in parts of those closure areas were of a sufficient size to allow early harvesting. Direction No. 142, which came into effect on 25 May 2010, revoked Direction No. 137 and implemented smaller closure areas, allowing fishing for tiger prawns in areas previously closed.
It is necessary to revoke Direction No. 142 in order to remove the remaining closed areas and grant full access for harvesting tiger prawns in the second season (subject to daylight settings closure Direction No. 144).
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 11888).
Consultation
In accordance with s25 of the Plan, AFMA consulted with the Northern Prawn Fishery Management Advisory Committee appointed under s56 of the Fisheries Administration Act 1991. The Committee includes industry representatives.
This Direction commences on the day after this Direction is registered on the Federal Register of Legislative Instruments.
Details of the Direction are set out below:
Clause 1 Clause 1 provides for the Direction to be cited as NPF Direction No. 145.
Clause 2 Clause 2 provides for the commencement of the Direction.
Clause 3 Clause 3 revokes NPF Direction No. 142.
NPFD 145.