EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Northern Prawn Fishery Management Plan 1995
Determination No. NPFGD 05
Determination of fishing capacity
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. Under the current trial of co-management arrangements AFMA must consult with Northern Prawn Fishery Industry Pty Ltd (NPFI) on all operational matters for the fishery, including Directions. This is outlined in the co-management policy and memorandum of understanding between AFMA and NPFI and has been endorsed by NORMAC.
The Fishery
Fishing in the NPF 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 the Plan, AFMA may determine the value of gear SFRs (total operational headrope in metres in the fishery). Under this Determination each gear SFR will represent 8.319 centimetres of operational headrope for twin trawl nets, and 7.486 centimetres of operational headrope for both quad trawl nets and twin tongue trawl nets. 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 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.
AFMA has determined that 35,479 SFRs are available for the fishery and that:
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 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.
c) 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.
Consultation
On 29 April 2010, the Northern Prawn Resource Assessment Group (NPRAG) considered the outcomes of the 2010 bio-economic assessment for the NPF which aims to achieve maximum economic yield (MEY). This is the second time that the combined bio-economic model has been used to undertake the assessment for the fishery.
The results of the 2010 assessment indicate that stocks for both species of tigers i.e. grooved tigers and brown tigers are not overfished. In particular the stock of brown tigers is well above the target and limit reference point.
The assessment model showed that to pursue a maximum economic yield (Emey) target for the tiger prawn fishery, effort should be increased considerably in 2010. The assessment recommended an increase in effort of more than 80% for the fishery (equivalent to approximately 4000 boat days). Of this, the model recommended that most of the effort increase should be applied to brown tigers during the 2010 banana season.
Following the recommendation by Northern Prawn Fishery Management Advisory Committee (NORMAC) to support NPRAG’s advice, AFMA considered the effort increase and agreed to:
- Remove the 39.6 tonne trigger limit and allow for fishing for tiger prawns in the first season
- An 11.2% increase in gear which equates to an actual overall effort increase of 2.918% to be implemented through additional headrope length (and corresponding footrope) in the 2010 tiger season.
The AFMA Commission supported the outputs of the simulations in the model and agreed to the increase in effort for 2010, which is in accordance with the effort/gear curve in the NPF Harvest Strategy and the Commonwealth Harvest Strategy Policy.
Under current co-management arrangements the new conversions were determined between NPFI and AFMA.
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 11556).
Details of Determination
Clause 1 provides the citation for the determination.
Clause 2 provides the date of commencement and period of application.
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 quad trawl net configuration.
Clause 6 sets the total length of operational headrope for the fishery for a twin ‘tongue’ trawl net configuration.
Clause 7 revokes Determination No. NFPGD 04.
NPFGD 05.