EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery Management Plan 1995
NPF Direction No. 154
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 subsection 41A(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.
Purpose
The fishery is managed with catch triggers which aim to ensure ecological and economical sustainable fishing practices are occurring. The trigger amounts and reporting times are set in consultation with the industry through the Northern Prawn Fishery Resource Assessment Group, the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishery Industry Pty Ltd (NPFI). The collection and analysis of data for the economic catch triggers is administered by NPFI under co-management arrangements between AFMA and NPFI.
The catch trigger management consists of a number of reporting periods during each season. In the current fishing season (running from 1st August 2011 to 30th November 2011 under NPF Direction 153) these triggers have not been met and as such under the fishery Harvest Strategy large areas of the fishery are to be closed at 2230 UTC 20 November 2011 (actually the morning of 21 November 2011). The Direction establishes the closure of these parts of the fishery, setting out the closure boundaries to protect stock during spawning periods.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Consultation
Subsection 41A(2) of the Management Act provides that, before giving a direction, AFMA must consult the Northern Prawn Fishery Management Advisory Committee (NORMAC) and consider its views. AFMA may also consider the views of other interested persons.
AFMA consulted with both NORMAC and the Northern Prawn Fishery Industry Pty Ltd (NPFI) prior to making the Direction. NORMAC and NPFI support the making of the Direction.
Details of the Direction are set out below:
Clause 1 provides for the Direction to be cited as NPF Direction No. 154.
Clause 2 provides for the commencement of the Direction.
Clause 3 sets out the period of application of this Direction.
Clause 4 revokes Direction No. NPFD 153.
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 states to whom the Direction applies.
Clause 7 closes areas of the fishery from 20th November 2011 until the 31st July 2012
Schedules 1 to 2 describe the areas that are closed.