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 07
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 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 3193.11 metres. This equates to 9 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 2873.41 metres. This equates to 8.1 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 2873.41 metres. This equates to 8.1 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 2873.41 metres. This equates to 8.1 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 12841).
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 06.