NPF Direction No. 152 - Direction Not to Engage in Fishing

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to comprehensively manage Australia's fisheries and marine resources to ensure their sustainable use. The Act provides the framework for the regulation of fishing activities, including the establishment of management plans and the delegation of authority to the Australian Fisheries Management Authority (AFMA). The policy objective of the Act is to balance the economic, social, and environmental objectives of the fishing industry while ensuring the long-term sustainability of marine resources. The legislative instrument F2011L01538, issued under the authority of AFMA, pertains to Direction No. NPFD 152, which aims to prohibit fishing for certain sizes of bugs and female egg-bearing bugs in the Northern Prawn Fishery. This direction was made following consultations with the Northern Prawn Fishery Management Advisory Committee and Northern Prawn Fishery Industry Pty Ltd, both of which support the measure. The direction is designed to protect vulnerable stocks of bugs, thereby contributing to the sustainability objectives outlined in the Fisheries Management Act 1991. The Office of Best Practice Regulation has determined that a Regulation Impact Statement is not required for this direction due to its minor nature.

Scope and Application

The Fisheries Management Act 1991, through Direction No. NPFD 152, provides for specific restrictions on fishing activities within a designated fishery area in northern Australia. This area 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 in question pertains to prawns and four major ecologically related species: squid, scampi, bugs, and scallops. The Direction applies to operators permitted by the Plan to fish in this fishery, regulating their activities to ensure both biological sustainability and economic viability. The primary regulatory mechanism employed is input controls, which limit fishing time, fishing equipment, boat numbers, and specifications. The Direction specifically prohibits fishing for bugs with a carapace width less than 60mm and for female egg-bearing bugs, thereby aiming to protect these species during critical periods. The application of this Direction is contingent on consultation with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI), both of whom support the measures outlined. The Direction does not require a Regulation Impact Statement or quantification of compliance costs, as it is considered to be of a minor or machinery nature.

Key Provisions

The key provisions of Direction No. NPFD 152 under the Fisheries Management Act 1991 (section 41A(2)) include the establishment of fishing restrictions in the Northern Prawn Fishery, which spans the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria. Clause 6 of the Direction specifically prohibits fishing for bugs (Thenus parindicus and Thenus australiensis) with a carapace width less than 60mm and for female egg-bearing bugs, thereby safeguarding the stock by preventing the capture of undersized and reproductively active individuals. The Direction also specifies the period for which these restrictions apply, ensuring that the measures are in effect during the appropriate fishing seasons. The obligations imposed by the Direction primarily concern the operators permitted to fish in the Northern Prawn Fishery. These operators must adhere to the restrictions outlined in Clause 6, which includes avoiding the capture of bugs below the specified size and refraining from targeting egg-bearing females. The Direction further mandates that operators comply with other input controls such as limitations on fishing time, equipment, and boat specifications as determined by the Northern Prawn Fishery Management Plan. Additionally, operators are expected to be aware of and comply with any additional consultations and operational directives issued by the Australian Fisheries Management Authority (AFMA) in collaboration with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and Northern Prawn Fishery Industry Pty Ltd (NPFI). Failure to comply with the provisions of Direction No. NPFD 152 may result in various civil and criminal consequences. The specific penalties for breaches are not detailed in the Direction but would typically be in line with the Fisheries Management Act 1991, which may include fines and other enforcement actions. The exact penalties would be determined by the courts, taking into account the nature and severity of the breach. Operators found in violation of the restrictions on bug fishing could face substantial fines and potential legal action, which could also impact their licences and permits to fish in the future. It is therefore imperative for operators to fully understand and adhere to the terms of the Direction to avoid these repercussions.