NPF Direction No. 88 - Second Season Closures

Administered by Department of Agriculture

Legislation au F2005L01956 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 88

 

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 88 replaces Direction No. NPFD 87. It establishes closures in specified areas of the fishery.  The Direction sets out closure boundaries and prevents fishing in six specific areas within the fishery to protect spawning and juvenile prawns during the second fishing season and east and west end of season closures to protect stock prior to and during spawning periods.

The dates in this Direction reflect those for the second fishing season of 1 August to 15 November 2005.

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 Direction to be cited as Direction No. NPFD 88.

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 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 prohibits commercial fishing in areas of the fishery detailed in Schedules 1 to 8, during certain periods as set out in the table. 

Clause 7 provides for an exemption to clause 6; for persons who navigate in an exempt transit corridor or specified closure and carry the fishing equipment in a particular manner; for persons who apply for and receive an exemption from AFMA in accordance with Schedule 10; for persons carrying out gear trials in accordance with Direction No. NPFD 89; for persons entitled to take fish in the area of the fishery if they are fishing for gravid prawns under an authority provided by AFMA, or who otherwise fish in accordance with another plan of management in force under the Management Act, or State or Territory law applying in the area of the fishery.

Clause 8  revokes Direction No. NPFD 87.

Schedules 1 to 8 describe the areas that are closed to fishing referred to in clause 6.

Schedule 9 describes the exempt transit corridor areas referred to in clause 7.3

Schedule 10 describes the protocols for applications for exemptions referred to in clause 7.3.

 

NPFD 88.

 

 

Overview

The Fisheries Management Act 1991 was enacted to address the need for effective management of Australia's fisheries, ensuring their sustainability and conservation while balancing economic and social objectives. The Act establishes a framework for the management of fisheries, including the creation of management plans and the issuance of directions to control fishing activities. The Northern Prawn Fishery Management Plan 1995 was introduced under the Act to manage the Northern Prawn Fishery, which is a significant commercial fishery in northern Australia. The plan aims to protect and conserve prawn stocks while allowing for sustainable commercial fishing activities. Direction No. NPFD 88 was issued by the Australian Fisheries Management Authority (AFMA) under the authority delegated by the Managing Director, as per section 92 of the Fisheries Administration Act 1991. This direction was developed to implement specific closures within the Northern Prawn Fishery to protect spawning and juvenile prawns during critical periods, thereby supporting the objectives of the Northern Prawn Fishery Management Plan. The policy objective behind this direction is to manage the fishery efficiently and cost-effectively while ensuring the long-term sustainability of prawn stocks.

Scope and Application

The Northern Prawn Fishery Management Plan 1995, under the Fisheries Management Act 1991, applies to specific holders of Statutory Fishing Rights (SFRs) granted under the Plan, allowing them to take target species such as prawns, squid, scampi, bugs, and scallops, as well as bycatch, within the Northern Prawn Fishery. This fishery spans from the northern coast of Western Australia, the coast of the Northern Territory, and the coast of Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian Fishing Zone. The legislation also includes provisions for the Australian Fisheries Management Authority (AFMA) to issue Directions to manage and control fishing activities, such as establishing closures in specific areas to protect prawn spawning and juvenile prawns during the second fishing season. The Direction No. NPFD 88 replaces Direction No. NPFD 87 and prohibits commercial fishing in designated areas during certain periods, with exemptions for activities such as exempt transit corridors, gear trials, and other specific authorised activities. The Direction was made after consulting with the Northern Prawn Fishery Management Advisory Committee and reflects the fishery's objectives of efficient and cost-effective management.

Key Provisions

Direction No. NPFD 88 is a legislative instrument under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995, aimed at managing the Northern Prawn Fishery. It establishes specific closures within the fishery to protect prawn populations during critical periods, such as spawning and juvenile stages. Clause 6 of the Direction explicitly prohibits commercial fishing in certain areas and during specific periods to ensure the sustainability of prawn stocks (Clause 6). Clause 7 outlines exceptions to this prohibition, allowing certain activities such as navigating through exempt transit corridors, conducting gear trials, or obtaining specific exemptions from the Australian Fisheries Management Authority (AFMA) (Clause 7). The Direction imposes several obligations on the parties it governs, primarily those holding Statutory Fishing Rights (SFRs) under the Plan. Operators must adhere to the specified closures and not engage in fishing activities within the closed areas during the defined periods (Clause 6). Additionally, operators must comply with the application protocols for exemptions if they intend to conduct activities that would otherwise be prohibited under the Direction (Schedule 10). These obligations are designed to ensure that fishing practices do not adversely impact the prawn population and to maintain the ecological balance of the fishery. Failure to comply with the provisions of Direction No. NPFD 88 can result in significant legal consequences. Operators found to be in breach of the Direction may face enforcement actions under the Fisheries Management Act 1991. The potential penalties for such breaches can include substantial fines, as stipulated by the legislation. For instance, individuals or entities found guilty of contravening the Direction could be subject to financial penalties that may vary depending on the severity and frequency of the offence. These penalties serve as a deterrent to non-compliance and help uphold the regulatory framework designed to protect the fishery's resources.

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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.