NPF Direction No. 96 - Second Season Closures

Administered by Department of Agriculture

Legislation au F2006L02421 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

 

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 96

Second Season Closures

 

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

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 96 replaces Direction No. NPFD 95. 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 small prawns during the first fishing season and a broader mid-season closure to protect stock prior to and during spawning periods.

Regulation Impact Statement

The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 8480).

Consultation

AFMA consulted with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) prior to making the Direction and NORMAC supports the making of the Direction.

The Act does not specify any condition as needing to be met before the power to make the Direction may be exercised.

Direction NPFD 96 commences on the opening of the second fishing season at 0830 UTC 1 August 2006 after registration on the Federal Register of Legislative Instruments.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the Direction to be cited as Direction No. NPFD 96.

Clause 2  Clause 2 provides for the commencement of the Direction.

Clause 3  Clause 3 states to whom the Direction applies.

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

Clause 5  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  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  Clause 7 provides for an exemption to clause 6 half an hour before the commencement of the first season for persons who carry the fishing equipment in a particular manner; 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 98; 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  Clause 8 revokes Direction No. NPFD 95.

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 96.

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries within Australian waters, ensuring sustainable use of fish stocks and minimising environmental impact. The Act establishes the framework for the development and implementation of management plans for specific fisheries, including the Northern Prawn Fishery. The Northern Prawn Fishery Management Plan 1995, implemented under the Fisheries Management Act, aimed to address the need for efficient and cost-effective management of the fishery while protecting biological and economic objectives. The plan included provisions for input controls, such as limiting fishing effort through closures and other restrictions. Direction No. NPFD 96, issued under the authority of the Australian Fisheries Management Authority (AFMA), further refines the management of the Northern Prawn Fishery by establishing specific seasonal closures to protect spawning and small prawns, ensuring the sustainability of the fishery. This direction was made in consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), reflecting the collaborative approach mandated by the Plan.

Scope and Application

The Direction No. NPFD 96 under the Fisheries Management Act 1991 applies to individuals and entities that hold Statutory Fishing Rights (SFRs) within the Northern Prawn Fishery, which encompasses waters from the northern coast of Western Australia, the Northern Territory, and Queensland in the Gulf of Carpentaria, extending to the outer limit of the Australian fishing zone. This legislation governs the conduct of commercial fishing operations for prawns, squid, scampi, bugs, and scallops, as well as any bycatch that might occur during these activities. The application of this Direction is geographically confined to the specified areas of the Northern Prawn Fishery and does not extend beyond these jurisdictional boundaries. The authority to issue such directions is vested in the Managing Director of the Australian Fisheries Management Authority (AFMA), who is empowered to do so under the provisions of the Fisheries Administration Act 1991 and the Northern Prawn Fishery Management Plan 1995. This authority allows for the implementation of fishing closures intended to protect prawn stocks during critical periods such as spawning and the early growth stages of prawns. Exemptions to these closures are available under specific circumstances, including for certain transit activities and gear trials, subject to the conditions outlined in the Direction.

Key Provisions

The main operative sections of Direction No. NPFD 96 (Clauses 1 to 8) establish the citation, commencement, application, definitions, and specific fishing closures within the Northern Prawn Fishery. Clause 1 names the direction as NPFD 96, Clause 2 sets its commencement date, Clause 3 identifies those to whom the direction applies, Clause 4 outlines its period of application, Clause 5 defines terms used within the direction, and Clause 6 prohibits commercial fishing in specified areas during certain periods, with exemptions outlined in Clause 7. Schedules 1 to 10 further detail the closed areas, exempt transit corridors, and protocols for exemption applications. These provisions collectively regulate the timing and areas of allowable fishing activities within the fishery. The Direction imposes obligations on fishing operators within the Northern Prawn Fishery. Specifically, operators must adhere to the specified closures outlined in Clause 6, prohibiting commercial fishing in the designated areas during the specified periods to protect spawning and juvenile prawns. Exemptions, as detailed in Clause 7, allow certain activities such as gear trials and transit under specific conditions. Operators must also ensure they comply with the defined terms and conditions set out in Clause 5 and the schedules. Failure to comply with these provisions can result in penalties or other legal consequences. Non-compliance with the provisions of Direction No. NPFD 96 can result in civil and criminal penalties. Under the Fisheries Management Act 1991, breaches of the direction may be subject to fines and other enforcement actions. The maximum penalties for contravening the Act can include substantial fines, reflecting the seriousness of the offence. Additionally, continued non-compliance may lead to further enforcement actions, including court proceedings, which can result in additional penalties or even imprisonment in severe cases. Operators are therefore required to ensure strict adherence to the direction to avoid these potential consequences.

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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.