NPF Direction No. 83 - Gear Trials

Administered by Department of Agriculture

Legislation au F2005L00788 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Managing Director

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Northern Prawn Fishery Management Plan 1995

 

Direction No. NPFD 83

 

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 17(5A) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular directions for the purposes of attaining the objectives of the plan of management.  The subsection also requires that the directions be made after the consultations (if any) that are set out in the plan of management.

Section 14 of the Northern Prawn Fishery Management Plan 1995 (the Plan) allows particular holders of Statutory Fishing Rights (SFRs) granted under the Plan to take prawns, squid, scampi, bugs and scallops (target species) from the Northern Prawn Fishery (the fishery).  Subsection 14(5) of the Plan allows those holders to also take other fish (bycatch) while conducting commercial fishing activities for the target species.  This ability to take target species and bycatch is subject to directions made under section 25 of the Plan.

Subsection 25(1) of the Plan provides that AFMA may direct that fishing is not to be engaged in the fishery, or a part of the fishery, during a particular period or periods.  Section 4 of the Plan provides objectives of the Plan, including the implementation of efficient and cost effective management of the fishery.

Subsection 25(3) of the Plan provides that, before AFMA issues a direction, it must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) about the content of the direction unless the direction is issued in circumstances of an emergency.

Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA.  Subsection 17 (11) of the Management Act permits AFMA to delegate its powers to make directions (among other things) only to the Managing Director.  AFMA has delegated its power to make directions to the Managing Director.

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 4 major ecologically related species (namely squid, scampi, bugs and scallops).  There are 2 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 83 makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas that are set aside for the trials.  Fish are not targeted during gear trials and, under the Direction, can be carried out prior to the commencement of the first fishing season.  The Direction contributes to the economic efficiency and cost effective administration of the fishery because it allows operators the flexibility to test their fishing gear to ensure that it is in efficient working order prior to the beginning of the fishing period without the need to seek special exemptions to the closure arrangements.

The areas in which the gear trials are permitted to be carried out were selected so as to have minimal impact on prawn stocks in the fishery while still being practical for operators.

Direction No. NPFD 83 replaces Direction No. NPFD 76 and has the effect of changing the dates in which gear trials can take place to align them with the revised dates for the fishing season.

AFMA consulted with NORMAC prior to making the Direction and NORMAC supports 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 83.

Clause 2  provides for the commencement of the Direction.

Clause 3  states to whom the Direction applies.

Clause 4  sets out the period of application of this Direction.

Clause 5  provides for the interpretation of the Direction.  In particular, the section defines the items to which the prohibitions apply and the measurement of time for the purposes of the Direction and also adopts defined terms used in the Plan and the Act.  The note indicates that terms defined in the Management Act and the Plan have the same meaning in the Direction.

Clause 6  prohibits a person from fishing unless they are carrying out gear trials during the periods specified in the section and in the particular areas described in the Schedule.

Clause 7  prohibits a person from carrying out gear trials referred to in section 6 unless they have sought and received confirmation of authority to carry out those trials in the manner described in section 7. The section provides contact details.

Clause 8  provides for an exemption to sections 6 and 7 for operators who fish in accordance with another plan of management in force under the Management Act, State of Territory law applying in the area of the fishery.

Clause 9 – revokes Direction No. NPFD 76.

The Schedule describes the areas in the fishery where gear trials may be carried on.

 

NPFD 83

Overview

The Fisheries Management Act 1991, enacted to provide for the sustainable management of Australia’s fisheries, addresses the need for comprehensive and effective management frameworks for various fisheries, including the Northern Prawn Fishery. This Act was introduced to ensure the protection and sustainable use of fish stocks, while also supporting the economic viability of the fishing industry. The problem or gap it was designed to address includes the necessity for coordinated and scientifically-based management plans that balance ecological sustainability with economic considerations. The Fisheries Management Act 1991 is an Act of the Australian Parliament and it aims to establish a framework that ensures the sustainable use of fisheries resources through effective management plans. The Northern Prawn Fishery Management Plan 1995, which is implemented under the authority of this Act, aims to achieve objectives such as efficient and cost-effective management, and the conservation of fish stocks. The policy objective of the plan is to manage the fishery in a way that maintains the health of the fishery while allowing for economic activity. Direction No. NPFD 83, issued by the Australian Fisheries Management Authority (AFMA), is a legislative instrument that provides for operators to conduct gear trials in specific areas prior to the commencement of the fishing season. This direction was made to allow flexibility for operators to test their equipment efficiently without the need for special exemptions, thereby contributing to the economic efficiency of the fishery. AFMA consulted with the Northern Prawn Fishery Management Advisory Committee (NORMAC) prior to issuing this direction, which NORMAC supports.

Scope and Application

The Northern Prawn Fishery Management Plan 1995, implemented under the Fisheries Management Act 1991, governs the activities within 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 limits of the Australian fishing zone. This legislation applies to holders of Statutory Fishing Rights (SFRs) who are authorised to harvest prawns, squid, scampi, bugs, and scallops within this fishery. These SFR holders, referred to as operators, must adhere to the input controls established by the Plan to manage fishing efforts effectively and sustainably. The Plan's objectives include efficient and cost-effective management of the fishery, achieved through measures like limiting fishing time, regulating equipment, and controlling the number and specifications of fishing vessels. Direction No. NPFD 83, issued by the Managing Director of the Australian Fisheries Management Authority (AFMA) under delegation from the Fisheries Management Act 1991, provides specific provisions for operators to conduct gear trials in designated areas prior to the fishing season. This Direction aims to ensure that fishing gear is in optimal working condition without requiring special exemptions, thereby supporting the economic efficiency and cost-effective administration of the fishery. The Direction is applicable only within the specified periods and areas outlined in the Schedule and replaces Direction No. NPFD 76, aligning with the revised fishing season dates. The consultation process with the Northern Prawn Fishery Management Advisory Committee (NORMAC) was undertaken before issuing this Direction, and NORMAC supports its implementation.

Key Provisions

The main sections of Direction No. NPFD 83 outline specific provisions for conducting gear trials within the Northern Prawn Fishery. Clause 1 names the direction as NPFD 83, Clause 2 specifies the commencement date, Clause 3 identifies those to whom the direction applies, Clause 4 details the period of application, and Clause 5 provides an interpretation of the terms used. Clause 6 sets the prohibition on fishing outside of gear trials during specified periods and areas, while Clause 7 mandates that any gear trials must have prior confirmation of authority. Clause 8 exempts certain operators from the prohibitions if they operate under another plan of management, and Clause 9 revokes the previous direction, NPFD 76, aligning with the new fishing season dates. Operators within the Northern Prawn Fishery are required to adhere to the provisions outlined in Direction No. NPFD 83. They must ensure that any fishing activities are restricted to the permitted gear trials periods and areas, and must obtain the necessary authority before conducting any trials. Operators must also be aware of the exemptions available under Clause 8 and comply with any additional requirements stipulated by other applicable plans of management. Failure to comply with the provisions of Direction No. NPFD 83 may result in legal consequences. Under the Fisheries Management Act 1991, any person who engages in fishing activities outside the specified gear trials periods or areas, without the necessary authority, commits an offence. The penalties for such offences are determined under the relevant State or Territory laws, which may include fines or other sanctions. Additionally, any person who knowingly contravenes the direction may be subject to enforcement actions by the Australian Fisheries Management Authority or other relevant authorities, leading to further penalties or legal proceedings.

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Area of Law
Environmental Law
Fisheries Law
Instrument
Direction
Concepts
Definitions & Interpretation
Enforcement Powers
Prohibited Conduct
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.