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.
Overview
The Fisheries Management Act 1991 was enacted to provide a comprehensive framework for the management of fisheries within Australia's jurisdiction. This legislation was introduced to address the need for effective management of marine resources, ensuring that fishing practices are sustainable both ecologically and economically. The Act empowers the Australian Fisheries Management Authority (AFMA) to implement various measures to regulate fishing activities, including the establishment of fishery management plans and the issuance of directions under the Act. The policy objective of the Act is to facilitate sustainable fisheries management, which includes the protection of marine ecosystems and the long-term viability of fishery resources. The Authority derives its power from the Parliament of Australia, enabling it to make legislative instruments such as NPF Direction No. 154, which aims to enforce specific fishing closures in the Northern Prawn Fishery to protect stock during critical periods.
Scope and Application
NPF Direction No. 154 applies to the management and regulation of the Northern Prawn Fishery, which spans the northern coasts of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian fishing zone. This Direction is pertinent to any person or entity engaged in fishing activities for prawns and four ecologically related species: squid, scampi, bugs, and scallops, within the specified fishery area. The application of the Direction is overseen by the Australian Fisheries Management Authority (AFMA), which has the authority to direct fishing closures pursuant to the Fisheries Management Act 1991. The primary aim of this Direction is to implement fishing closures to protect prawn stocks during critical spawning periods, thereby ensuring ecological and economical sustainability of the fishery. The Direction revokes the preceding Direction No. 153, which was in effect for the season running from 1 August 2011 to 30 November 2011. AFMA has consulted with relevant stakeholders, including the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishery Industry Pty Ltd, in accordance with the statutory requirements, and both entities have expressed their support for the Direction.
Key Provisions
The key operative sections of the NPF Direction No. 154 (Clauses 1 to 7) establish the name, commencement, application period, and the specific areas that are to be closed, as well as the definitions and scope of the Direction. Clause 1 provides that the Direction is to be cited as NPF Direction No. 154 (Clause 1). Clause 2 sets out when the Direction comes into effect (Clause 2). Clause 3 outlines the period during which the Direction applies (Clause 3). Clause 4 revokes the previous direction, NPF Direction No. 153 (Clause 4). Clause 5 defines certain terms used in the Direction and specifies that terms defined in the Management Plan and the Management Act have the same meanings in the Direction (Clause 5). Clause 6 states that the Direction applies to all parties engaged in the Northern Prawn Fishery (Clause 6). Clause 7, along with Schedules 1 and 2, specifies the areas of the fishery that are to be closed from 20th November 2011 until 31st July 2012 (Clause 7).
The obligations and requirements imposed by the NPF Direction No. 154 on the parties involved are primarily focused on compliance with the specified closures. Under Clause 7, all fishing activities are prohibited in the areas described in Schedules 1 and 2 from 20th November 2011 until 31st July 2012. The closure aims to protect prawn stocks during their spawning periods. The obligation to comply with these closures is crucial for the sustainability of the fishery and is supported by the Northern Prawn Fishery Management Advisory Committee and the Northern Prawn Fishery Industry Pty Ltd. Any parties engaged in fishing within the closed areas must cease their activities to adhere to the provisions of the Direction.
Breach of the NPF Direction No. 154 may result in various civil or criminal consequences, though specific penalties are not detailed within the Direction itself. Generally, under the Fisheries Management Act 1991, contravention of the provisions of the Act or any direction made under it can lead to penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant legislation, including the Fisheries Management Act 1991 and any other applicable laws. It is important for parties to ensure strict compliance with the closures to avoid potential legal repercussions.