NPF Fishing Capacity Determination No. NPFGD 06

Administered by Department of Agriculture

Legislation au F2011L00482 Not in force Legislative Instrument

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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 Fishing Capacity Determination No. NPFGD 06

 

Subsection 17(1) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority must determine plans of management for all fisheries and under that subsection AFMA has determined the Northern Prawn Fishery Management Plan 1995 (the Plan).

The Plan provides for two types of statutory fishing rights (SFRs); a Class B SFR, which is a right to use a boat in the fishery, and a gear SFR, which under section 7 of the Plan is defined as a right to use a particular length of net for commercial fishing in the area of the fishery.

Under section 14 of the Plan a person who holds a Class B SFR and gear SFRs as provided for in the Plan may take prawns, squid, scampi, bugs and scallops (target species) from the Northern Prawn Fishery (the fishery). Subsection 14(5) of the Plan also allows those holders to take other fish (bycatch) while conducting commercial fishing activities for the target species. 

Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Management Act may provide for the AFMA to determine the fishing capacity permitted for the fishery, or a part of the fishery, in respect of a particular period or periods.

Subsection 7(1) of the Plan provides that the length of net allowed for each gear SFR is the length determined under section 7A of the Plan.  Subsection 7A(2) of the Plan requires that before making a determination of the total operational headrope under subsection 7A(1) of the Plan, AFMA must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and invite comments from interested persons.

 

The Fishery

Fishing in the fishery is managed under the provisions of the Plan and associated legislative instruments.

 

The Fishery is located off Australia’s northern coast, extending from Cape York Peninsula, Queensland, in the east to Cape Londonderry in Western Australia. The Fishery covers approximately 771,000 square kilometres of the Australian fishing zone. The Fishery is managed by the Commonwealth through AFMA under the Plan and an Offshore Constitutional Settlement (OCS) Agreement with Queensland, the Northern Territory and Western Australia.

Banana, tiger and endeavour prawns are the main species targeted in the Fishery using prawn trawl apparatus but the commercial catch also includes other species such as scampi, bugs, scallops, and squid. The fishery is managed using input controls including spatial and temporal closures, limited entry and gear restrictions. The closures are put in place to protect nursery areas and juvenile prawns during the fishing seasons, and mid-season closures to protect pre-spawning prawns.

To operate, each trawler needs a Class B (boat) Statutory Fishing Right (SFR) and the appropriate number of gear SFRs to cover the amount of net that they wish to use. The gear SFR is set as a specified amount of headrope and footrope length and the total number of gear SFRs in the fishery is restricted under the Plan to a maximum of 53,844. Of the total gear SFRs offered, 35,479 are currently available to the fishery.

Under section 7A of the Plan, AFMA may determine the total amount of operational headrope for particular methods of fishing that may be used for each gear SFR held. Once those amounts are determined, under section 7 of the Plan, those amounts are divided by the number of SFRs in the fishery. This equates to the length of headrope operators are able to use when employing the different methods of fishing.

AFMA has determined the following:

 

a)      The total length of operational headrope for a twin trawl net configuration that may be used under gear statutory fishing rights in the area of the Northern Prawn Fishery is 2951.45 metres. This equates to 8.319 cm per gear statutory fishing right.

b)     The total length of operational headrope for a twin tongue trawl net configuration that may be used under gear statutory fishing rights in the area of the Northern Prawn Fishery is 2655.95 metres. This equates to 7.486 cm per gear statutory fishing right.

c)      The total length of operational headrope for a triple trawl net configuration that may be used under gear statutory fishing rights in the area of the Northern Prawn Fishery is 2655.95 metres. This equates to 7.486 cm per gear statutory fishing right.

d)     The total length of operational headrope for a quad trawl net configuration that may be used under gear statutory fishing rights in the area of the Northern Prawn Fishery is 2655.95 metres. This equates to 7.486 cm per gear statutory fishing right.

There is a 10 percent reduction for quad trawl nets and twin tongue trawl nets which was approved by NORMAC and the AFMA Board in 2005. NORMAC and the AFMA Commission approved the use of triple gear with a 10 percent reduction in March 2011. This is to ensure effort remained neutral when converting from a twin trawl net configuration to a quad or twin tongue net trawl configuration. In 2010 it was agreed to retain this penalty.

 

Consultation

 

In 2010 the Northern Prawn Resource Assessment Group (NPRAG) recommended that the effort in the fishery be increased for the 2010 and 2011 seasons. The Northern Prawn Fishery Management Advisory Committee supported NPRAG’s advice. Finally, the Northern Prawn Fishery Industry Pty Ltd was consulted and supports the determined effort levels.

 

Regulation Impact Statement

 

The Office of Regulation Review has advised that a Regulation Impact Statement is not required on the basis that the Determination is of a minor or machinery nature and does not substantially alter existing arrangements (OBPR ID 12423).

 

Details of Determination

 

Clause 1  provides the citation for the Determination.

 

Clause 2  provides the date of commencement of the Determination.

 

Clause 3  defines the terms used in the Determination.

 

Clause 4  sets the total length of operational headrope for the fishery for a twin trawl net configuration.

 

Clause 5  sets the total length of operational headrope for the fishery for a twin ‘tongue’ trawl net configuration.

 

Clause 6  sets the total length of operational headrope for the fishery for a twin triple trawl net configuration.

 

Clause 7  sets the total length of operational headrope for the fishery for a quad trawl net configuration.

 

Clause 8  revokes Determination No. NFPGD 05.

Overview

The Fisheries Management Act 1991, enacted to establish a comprehensive framework for the management of Australia's fisheries, addresses the need for effective regulation and sustainable use of fishery resources. Under this Act, the Australian Fisheries Management Authority (AFMA) is tasked with determining management plans for all fisheries, including the Northern Prawn Fishery. The Northern Prawn Fishery Management Plan 1995, made under the Fisheries Management Act 1991, allows AFMA to manage the fishery through statutory fishing rights (SFRs) and associated input controls. The explanatory statement outlines the process by which AFMA determined the total length of operational headrope for different trawl net configurations, following consultation with the Northern Prawn Fishery Management Advisory Committee and the AFMA Board. This determination aims to ensure sustainable fishing practices while balancing the interests of the fishing industry and conservation objectives.

Scope and Application

The NPF Fishing Capacity Determination No. NPFGD 06 applies to persons and entities engaged in fishing activities within the Northern Prawn Fishery (NPF), which spans from Cape York Peninsula in Queensland to Cape Londonderry in Western Australia, covering approximately 771,000 square kilometres of the Australian fishing zone. This determination, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, specifically governs the operational headrope length for various trawl net configurations used in the fishery. The determination applies to holders of Class B Statutory Fishing Rights (SFRs) and gear SFRs, which permit the commercial fishing of target species such as prawns, squid, scampi, bugs, and scallops, as well as incidental bycatch. The regulatory framework ensures that fishing activities adhere to the Northern Prawn Fishery Management Plan 1995, which includes measures such as spatial and temporal closures, limited entry, and gear restrictions. The determination sets specific headrope lengths for different trawl net configurations, with adjustments to maintain effort neutrality when transitioning between net types. The authority to make such determinations is subject to consultation with the Northern Prawn Fishery Management Advisory Committee and feedback from interested parties, ensuring that the regulatory adjustments reflect industry input and expert advice.

Key Provisions

The Northern Prawn Fishery Management Plan 1995, as determined by the Australian Fisheries Management Authority (AFMA) under subsection 17(1) of the Fisheries Management Act 1991 (the Act), provides for two types of statutory fishing rights (SFRs); a Class B SFR, which is a right to use a boat in the fishery, and a gear SFR, which is defined as a right to use a particular length of net for commercial fishing in the area of the fishery. Individuals holding both a Class B SFR and gear SFRs are permitted to take prawns, squid, scampi, bugs and scallops (target species) from the Northern Prawn Fishery (the fishery). They may also take other fish (bycatch) while conducting commercial fishing activities for the target species (subsection 14(5) of the Plan). AFMA has the authority to determine the fishing capacity permitted for the fishery, or a part of the fishery, in respect of a particular period or periods (paragraph 17(6)(aa) of the Act). The length of net allowed for each gear SFR is determined under section 7A of the Plan, which requires AFMA to consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) and invite comments from interested persons before making such a determination (subsection 7A(2) of the Plan). The obligations and requirements imposed by the Plan include the need for each trawler to hold a Class B (boat) Statutory Fishing Right (SFR) and the appropriate number of gear SFRs to cover the amount of net they wish to use. The total number of gear SFRs in the fishery is restricted to a maximum of 53,844, of which 35,479 are currently available. The gear SFR is set as a specified amount of headrope and footrope length, and the total length of operational headrope for different net configurations is determined by AFMA. AFMA has determined that the total length of operational headrope for a twin trawl net configuration is 2951.45 metres, equating to 8.319 cm per gear statutory fishing right. For a twin tongue trawl net configuration, the total length of operational headrope is 2655.95 metres, equating to 7.486 cm per gear statutory fishing right. For a triple trawl net configuration, the total length of operational headrope is also 2655.95 metres, equating to 7.486 cm per gear statutory fishing right. For a quad trawl net configuration, the total length of operational headrope is 2655.95 metres, with a 10 percent reduction, equating to 7.486 cm per gear statutory fishing right. The Plan does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, but the overarching Fisheries Management Act 1991 and associated regulations would apply. AFMA’s determinations under the Plan, such as the operational headrope lengths, are binding and failure to comply with these could potentially result in enforcement actions under the Fisheries Management Act 1991. This might include fines, penalties, or other sanctions for non-compliance with the statutory fishing rights and other provisions of the Plan. The maximum penalties would be determined according to the specific breach and the relevant provisions of the Fisheries Management Act 1991 and associated regulations.

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