EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Direction No. NPFD 152
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 the Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in ss41A(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.
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.
Direction No. NPFD 152 prohibits the fishing for bugs (Thenus parindicus and Thenus australiensis) with a carapace width less than 60mm and for female egg-bearing bugs.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement (RIS) or quantification of compliance costs are not required on the basis that the Direction is of a minor or machinery nature. Therefore, a RIS is not required (RIS exemption number 12867). The OBPR considers that the impact of the amendments will be low.
Consultation
Subsection 41A(2) of the Management Act provides that, before giving a direction, AFMA must consult with the management advisory committee for the fishery, which in this case is the Northern Prawn Fishery Management Advisory Committee (NORMAC). AFMA may also consider the views of other interested persons. Under the current trial of co-management arrangements AFMA has agreed to consult with Northern Prawn Fishery Industry Pty Ltd (NPFI) on all operational matters for the fishery, including Directions.
AFMA consulted with NORMAC and NPFI prior to making the Direction; both NORMAC and NPFI support the making of the Direction.
Details of the Direction are set out below:
Clause 1 provides for the determination to be cited as Direction No. NPFD 152.
Clause 2 provides for the commencement of the Direction.
Clause 3 states the period for which the Direction applies.
Clause 4 states to whom the Direction applies.
Clause 5 defines certain terms used in the Direction and provides that terms used in the Direction that are defined for the purposes of the Plan have the same meanings as they have in the Plan. The note indicates that terms defined in the Management Act have the same meaning in the Direction.
Clause 6 sets the restrictions on the take of bugs.
Clause 7 revokes Direction No. NPFD 138.