NPFD Determination No. 02 - Determination of Fishing Capacity

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, was introduced to provide a comprehensive framework for the sustainable management of fisheries in Australia, addressing issues such as overfishing, habitat degradation, and the need for conservation measures. Specifically, the Northern Prawn Fishery Management Plan 1995 was established under the Fisheries Management Act to manage the Northern Prawn Fishery effectively. The policy objective of this Plan is to ensure the long-term sustainability of the fishery, while balancing economic, social, and environmental considerations. This legislative instrument, Determination No. NPFD 02, was made by the Australian Fisheries Management Authority under section 17(6)(aa) of the Fisheries Management Act 1991 and section 7A(1) of the Northern Prawn Fishery Management Plan 1995. It sets the total length of operational headrope that may be used in the Northern Prawn Fishery from 26 March 2005 to 26 March 2010, aiming to control fishing capacity and prevent overfishing in the region.

Scope and Application

The Determination No. NPFD 02, made by the Australian Fisheries Management Authority under section 17(6)(aa) of the Fisheries Management Act 1991 and section 7A(1) of the Northern Prawn Fishery Management Plan 1995, applies specifically to the Northern Prawn Fishery, governing the total length of operational headrope that can be utilised under gear statutory fishing rights within the designated area of the fishery. This legislative instrument is applicable to all persons or entities operating within the Northern Prawn Fishery during the period from 26 March 2005 to 26 March 2010. The Determination ensures a clear limit on fishing capacity to manage the fishery sustainably, and it revokes the previous Direction No NPFGD 01 with effect from the same commencement date. The application of this Determination is confined to the Northern Prawn Fishery, and it does not extend to other fisheries or regions unless explicitly stated or inferred through subordinate instruments. There are no stated exclusions or exemptions mentioned in the text, and any further specifications regarding application or restrictions would need to be referred to in subordinate legislation or related plans.

Key Provisions

The Determination No. NPFD 02 sets the total length of operational headrope permitted under gear statutory fishing rights in the Northern Prawn Fishery for the period from 26 March 2005 to 26 March 2010, as specified in section 4. This limit is set at 3028.725 metres, thereby defining the maximum allowable fishing capacity for this fishery during the period. Additionally, section 5 revokes Direction No NPFGD 01, which was in effect prior to this Determination, effective from the same date of 26 March 2005. The Act imposes specific obligations on the parties involved in the Northern Prawn Fishery. Operators must ensure that their fishing activities comply with the specified headrope length, as outlined in section 4. This requirement is essential for maintaining the sustainability of the fishery and adhering to the management plan. Furthermore, the revocation of Direction No NPFGD 01, as stated in section 5, signifies a shift in regulatory approach, mandating that all parties operate under the new provisions outlined in this Determination. Failure to comply with the provisions set out in this Determination may result in various consequences. Section 4 stipulates the maximum allowable fishing capacity, and any deviation from this could lead to regulatory action. Under the Fisheries Management Act 1991, non-compliance with such regulations may incur civil or criminal penalties. The maximum penalties for breaches of fishing capacity regulations are not explicitly stated in this Determination but typically include fines and potential revocation of fishing rights. These penalties are designed to enforce adherence to the established fishing capacity and ensure the sustainability of the Northern Prawn Fishery.