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
Determination No. NPFGD 03
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.
Subsection 17(6)(aa) of the Act provides that a plan of management for a fishery may determine, or 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 17(11) of the Act provides, among other things, that AFMA may, by writing under its common seal, delegate any powers conferred on it under a plan of management in accordance with paragraph 17(6)(aa) to the Managing Director of AFMA, but to no other person. AFMA has made such a delegation to the Managing Director.
Subsection 7(1) of the Plan was recently amended to provide that, if a determination under subsection 7A is in force, for each method mentioned in the determination, the calculation of the length of prawn trawl net allowed for each gear SFR is determined by reference to the total length of operational headrope specified in the determination. The recently amended subsection 7A(1) now allows AFMA to determine one or more methods by which prawn trawl nets may be used in the Fishery. It also allows AFMA to determine, for each method determined, the total length of operational headrope that may be used under gear statutory fishing rights when that method is used in the Fishery.
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 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) 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. Under the Plan, AFMA may determine the value of gear SFRs (total operational headrope in metres in the fishery). From 2005, the value of a gear SFR was determined to be 5.625cm.
Under this Determination each gear SFR will represent 5.625 centimetres of operational headrope for twin trawl nets and 5.063 centimetres of operational headrope for both quad trawl nets and twin tongue trawl nets. This is a 10 percent reduction for quad trawl nets and twin tongue trawl nets on the current value of 5.625 centimetres determined in 2005 for twin trawl nets. A reduction of 10% on the value of a gear SFR was approved by NORMAC and the AFMA Board as a means to ensure effort remained neutral when converting from a twin trawl net configuration to a quad or twin tongue net trawl configuration.
The Managing Director has determined that:
a) the total operational headrope for the fishery for a twin trawl net configuration should be 3,028.725 metres;
b) the total operational headrope for the fishery for a quad trawl net configuration should be 2,725.853 metres;
c) the total operational headrope for the fishery for a twin tongue trawl net configuration should be 2,725.853 metres.
Consultation
NORMAC considered the Determination at its meeting of 20/21 June 2006. Comments in relation to this Determination were invited from SFR holders and interested parties on 10 July 2006. There were no comments received on the Determination.
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 (ORR ID 8358).
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 as 3,028.725 metres for a twin trawl net configuration.
Clause 5 sets the total length of operational headrope for the fishery as 2,725.853 metres for a quad trawl net configuration.
Clause 6 sets the total length of operational headrope for the fishery as 2,725.853 metres for a twin ‘tongue’ trawl net configuration.
Clause 7 revokes Direction No NPFGD 02.