EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
NPF Direction No. 149
Gear Trials
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in s41A(2), 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 41A(2) also provides that, before AFMA issues a direction, it must consult with the management advisory committee for the fishery, 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.
Section 22(5) of the Management Act provides that AFMA may specify a condition to which a fishing right is subject.
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
NPF Direction No. 149 makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas set aside for testing gear. Fish are not targeted during gear trials and, under the Direction, the trial can be carried out prior to the commencement of the fishing season. The 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 without the need to seek special exemptions to the closure arrangements.
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. NPF Direction No. 149 replaces Direction No. 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 2011 fishing seasons.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) 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 12423).
Consultation
AFMA consulted with Northern Prawn Fishery Industry Pty Ltd (NPFI) prior to making the Direction; NPFI supports the making of the Direction.
Details of the Direction are set out below:
Clause 1 Clause 1 provides for the determination to be cited as NPF Direction No. 149.
Clause 2 Clause 2 provides for the commencement of the Direction.
Clause 3 Clause 3 sets out the period of application of this Direction.
Clause 4 Clause 4 states to whom the Direction applies.
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 provides that it is a condition of all fishing concessions to which this Direction applies that the holder, or a person acting on behalf of the holder, complies with this Direction.
Clause 8 Clause 8 revokes NPF Direction No. 143.
The Schedule describes the areas in the fishery where gear trials may be carried out.