NPF Direction No. 151 - Direction Not to Engage in Fishing

Overview

The Fisheries Management Act 1991 was enacted to establish a framework for the sustainable management of fisheries in Australia, addressing the need for comprehensive and integrated management practices to ensure the long-term health and productivity of fishery resources. This Act empowers the Australian Fisheries Management Authority (AFMA) to create and enforce management plans for various fisheries, including the Northern Prawn Fishery. The Northern Prawn Fishery Management Plan 1995, governed under this Act, specifies the management strategies and regulations for this particular fishery. The policy objective of the Act is to balance the economic benefits derived from fisheries with the ecological sustainability of marine resources, ensuring that fishing activities do not lead to overexploitation or degradation of the fishery ecosystem. The Northern Prawn Fishery Management Plan 1995, through Direction No. NPF Direction No. 151, aims to protect critical prawn stocks during spawning periods and safeguard ecological integrity by imposing closures and restricting certain fishing activities. This legislative instrument, issued by AFMA, is designed to prevent fishing in specified areas during particular periods to protect spawning and juvenile prawns, and to prohibit trawling during daylight hours in key tiger prawn areas based on a precautionary approach due to inconclusive research on the vulnerability of mature female prawns. The Direction also allows for gear trials in designated areas to test fishing equipment while minimising impact on prawn stocks. This approach reflects AFMA's commitment to sustainable management practices and its consideration of stakeholder views, including those of the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishery Industry Pty Ltd.

Scope and Application

The NPF Direction No. 151 applies to persons and entities involved in fishing activities within the Northern Prawn Fishery, 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. This includes prawns and four ecologically related species: squid, scampi, bugs, and scallops. The Direction is issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA) and is intended to manage and protect prawn stocks by implementing seasonal closures and prohibiting certain types of fishing. Specifically, it prohibits fishing in six areas during the second fishing season to protect spawning and small prawns, and during broader mid and end of season closures to safeguard stock prior to and during spawning periods. Additionally, it bans trawling during daylight hours in key tiger prawn areas to protect mature female tiger prawns, which are considered more vulnerable during daylight trawling. The Direction also allows for gear trials in specific areas prior to the second fishing season to enable operators to test their equipment with minimal impact on prawn stocks. The exemptions and provisions for gear trials are detailed in Schedules 1 to 15, while Schedule 16 outlines the transit corridor for boats through certain closures.

Key Provisions

The Northern Prawn Fishery Management Plan 1995 Direction No. NPF Direction No. 151 establishes specific closures within the Northern Prawn Fishery to protect prawn stocks, particularly during critical periods such as spawning seasons and daylight hours when trawling is believed to be more harmful to mature female prawns (clauses 7.1 to 7.12). This direction, authorised under the Fisheries Management Act 1991, is designed to safeguard the fishery's sustainability by implementing measures that reduce fishing activities in certain areas and during specific times. The closures are intended to protect both the breeding stock and smaller prawns, ensuring that the fishery remains viable for future generations. Entities and individuals subject to this Direction are required to adhere strictly to the specified closures and conditions outlined in the Direction. They must refrain from engaging in any fishing activities in the areas and during the periods designated as closed (clause 6). Additionally, operators are mandated to carry out any fishing equipment trials in designated areas and under the conditions specified, ensuring minimal impact on prawn stocks while still allowing for practical testing of gear (clause 8.1). The Direction also allows for a transit corridor for boats to move through certain closures, provided they carry their gear in the prescribed manner (clause 8.2). Failure to comply with the provisions of this Direction can result in significant consequences. The Management Act and any related regulations outline the penalties for non-compliance, which may include fines and other sanctions. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce compliance and protect the fishery's resources. Operators who engage in prohibited fishing activities in the closed areas or during specified periods can face enforcement actions, including potential prosecution and significant financial penalties. Similarly, any misuse of the gear trial provisions or the transit corridor could result in enforcement measures being taken against the offending party. In summary, NPF Direction No. 151 is a crucial legislative instrument aimed at managing and protecting the Northern Prawn Fishery. It mandates specific closures and conditions to safeguard prawn stocks, imposes obligations on operators to comply with these measures, and sets out potential penalties for non-compliance. These provisions are designed to ensure the long-term sustainability and productivity of the fishery, balancing the needs of the industry with the imperative to protect marine resources.