EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
NPF Direction No. 150
Gear Requirements
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. 150 replaces Direction No. 133. It establishes the type of Turtle Excluder Devices (TEDs) and Bycatch Reduction Devices (BRDs) that can be used in the Fishery. The Direction specifies the minimum dimensions of the TED, the degrees between which it can positioned in the net, the measurements for the escape opening and the measurements for the flaps covering the escape opening, the attachment of floats and maximum bar spacing. It also prohibits the attachment of weights, meshing or other material that could prevent the opening of the escape flap.
The Direction specifies the six types of BRDs currently approved for use in the Northern Prawn Fishery. These are the “Square Mesh Codend”, the “Square Mesh Panel”, the “Fisheye”, the “Yarrow Fisheye”, the “Radial Escape Section” and the “Popeye Fishbox”. The specifications for each of these is outlined in Schedule 1 of the Direction
The Direction specifies that each net used for fishing in the Northern Prawn Fishery must have installed a BRD of one of the given types, a TED and if a codend cover (skirt) is used, it is attached no further than 60 meshes from the codend drawstrings. The direction also exempts operators from using a TED in waters deeper that 200m.
The exemption for the use of TEDs in waters greater than 200m reflects the very low potential for interactions with turtles in waters of this depth. There are only a small amount of locations within the NPF area that are depths of greater than 200m and most of the fishing occurs in depths of 50m or less.
Government representatives of the United States of America National Oceanic and Atmospheric Administration (NOAA) have provided advice to AFMA that the exemption for the use of TEDs in waters greater than 200m depth will not impact the current accreditation, which permits export of product caught in the NPF to the United States. Changes to the TED specifications in this Direction are consistent with the deep-water exemption issued in the United States.
This Direction covers both the first and second fishing seasons.
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 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 Direction to be cited as NPF Direction No. 150.
Clause 2 Clause 2 provides for the commencement of the Direction[1].
Clause 3 Clause 3 states to whom the Direction applies.
Clause 4 Clause 4 provides for the interpretation of the Direction. In particular, the section defines the type of and specifications for bycatch and turtle excluder devices with can be used in the Fishery.
Clause 5 Clause 5 states that fishing must not be engaged in unless the nets used are fitted with the devices described by this Direction.
Clause 6 Clause 6 states that the requirement to use a TED does not apply in waters deeper than 200m.
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. 133.
Schedule 1 Schedule 1 describes the bycatch reduction devices that can be used in the Fishery and the positioning of such devices.
Schedule 2 Schedule 2 describes a modified turtle excluder device.
Schedule 3 Schedule 3 tabulates the different mesh sizes used in the Fishery and the equivalent maximum number of meshes a bycatch reduction device can be positioned from the codend drawstrings.
[1] Directions have a maximum application of ten years with a review period at five years. As such this Direction will be reviewed in 2016 and will remain in force until such time as it is revoked or the ten year period expires.