{"id":"F2021L00253","name":"Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Direction 2021","slug":"fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101376,"registerId":"commonwealth-F2021L00253-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Direction 2021.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 41A of the Act.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n    (a) boat\n    (b) fish\n    (c) fishing\n    (d) holder\n    (e) master\n    (f) plan of management\n    (g) processing\n    (h) statutory fishing right\n    (i) take.\n\n> Note: A number of expressions used in this instrument are defined in the interpretation section of the Northern Prawn Fishery Management Plan 1995, including the following:\n\n    (a) acting for\n    (b) Northern Prawn Fishery\n    (c) Northern Prawn Fishery area.\n\n  In this instrument:\n\n> Act means the Fisheries Management Act 1991;\n\n> boat means a boat that is nominated on statutory fishing rights for the Northern Prawn Fishery;\n\n> bugs means fish of the species Thenus parindicus and Thenus australiensis;\n\n> carapace width means the width of the carapace when measured at its widest point;\n\n> egg-bearing female bugs includes bugs that have been scrubbed to remove any eggs and includes bugs that have had their eggs removed using chemicals;\n\n> equipment means equipment for fishing;\n\n> fishing means the commercial fishing activities that are referred to in section 14 of the Northern Prawn Fishery Management Plan 1995;\n\n> rock lobster means a whole lobster of the species Panulirus ornatus and/ or a lobster tail of that species;\n\n> scampi means fish of the families Aristeidae and Nephropidae;\n\n> trip means the period between departing port and the unloading of a catch, or part of a catch, to a mothership or port or any other point where catch is unloaded;\n\n> UTC means Coordinated Universal Time, the time scale based on the second (SI), maintained by the International Bureau of Weights and Measures. For the purposes of this Direction UTC is equivalent to mean solar time at the prime meridian (0 degrees longitude), formerly expressed in Greenwich Mean Time (GMT);\n\n> W means the whole weight of fish in kilograms;\n\n> GG means the gilled and gutted weight of fish in kilograms;\n\n> F means the fish fillet weight in kilograms; and\n\n> HG means the headed and gutted weight of fish in kilograms.\n\n> For the purposes of this Direction, the master of a boat is, at any time, presumed to have taken all of the fish present on the boat at that time and, in so doing, to have been acting on behalf of the holder of the statutory fishing rights in respect of which the boat is nominated.\n\n> For the purposes of this Direction, fish and/or bugs that are on board a boat are presumed to have been taken: during the current trip; or, if the boat is not on a trip, the most recent trip.\n\n> This Direction is to be read consistently with other Directions made under the Fisheries Management Act 1991.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n  (1) The instrument that is specified in Schedule 3 to this instrument is repealed as set out in the applicable items in that Schedule.\n  (2) Schedules 1 and 2 to this instrument have effect according to their terms.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"To whom this applies","content":"#### 6 To whom this applies\n\n  This Direction applies to a holder of statutory fishing rights in the Northern Prawn Fishery, and to a person acting on behalf of the holder, when fishing in the Northern Prawn Fishery area.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Prohibitions on taking bugs","content":"#### 7 Prohibitions on taking bugs\n\n  (1) Fishing is not to be engaged in in the Northern Prawn Fishery for:\n  (a) bugs with a carapace width less than 60 mm; or\n  (b) egg-bearing female bugs.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition on fishing","content":"#### 8 Prohibition on fishing\n\n  (1) Fishing is not to be engaged in in the Northern Prawn Fishery for:\n  (a) the species named in Part 1 of Schedule 1 (the First Species) in excess of a combined catch of one kilogram per trip; or\n  (b) the species named in Part 2 of Schedule 1 (the Second Species) in excess of a combined catch of 10 individual fish per trip; or\n  (c) for mudcrabs in excess of a catch of 10 individuals per trip; or\n  (d) for rock lobsters in excess of a catch of 6 individuals per trip; or\n  (e) for species named in Schedule 2; or\n  (f) for tuna or tuna-like species; or\n  (g) for scampi in the period commencing on the day this instrument commences and ending at 2230 hours UTC on 30 November 2022.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Exemptions to the prohibition in Section 8","content":"#### 9 Exemptions to the prohibition in Section 8\n\n  (1) The prohibition in subsection 8(1)(a) does not apply:\n  (a) if the trip ends during the period beginning on 1 March in a year and ending on 30 June in the same year during the period of application of the Direction; and\n  (b) if no more than a cumulative total of 550 kilograms (whole weight) (the First Weight Limit) of the First Species are taken per trip; and\n  (c) if the First Weight Limit or any part thereof has been processed, the whole weight equivalent of the processed First Weight Limit or part thereof is determined using the conversion factors:\n\nW = GG x 1.1\n\nW = F x 2.6\n\nW = HG x 1.4\n\n  (2) The prohibition in subsection 8(1)(a) does not apply:\n  (a) if the trip ends during any other period of the year outside of the period defined in subsection 9(1)(a) during the period of application of the Direction; and\n  (b) if no more than a cumulative total of 50 kilograms (whole weight) (the Second Weight Limit) of the First Species are taken per trip; and\n  (c) if the Second Weight Limit or any part thereof has been processed, the whole weight equivalent of the processed Second Weight Limit or part thereof is determined using the conversion factors:\n\nW = GG x 1.1\n\nW = F x 2.6\n\nW = HG x 1.4\n\n  (3) The prohibition in subsection (8)(1)(f) above does not apply if:\n  (a) the only tuna and tuna-like species on board the vessel are longtail tuna (Thunnus tonggol); and\n  (b) no more than 10 longtail tuna (Thunnus tonggol) are taken per trip.\n  (4) The prohibitions in subsection 8(1) do not apply to a person if the person is fishing in accordance with another plan of management in force under the Act, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.\n\n  \n\nSchedule 1 – Limited-take species\n\n#### Part 1 – the First Species\n\n| Common name           | Scientific name        |\n| --------------------- | ---------------------- |\n| Saddle Tailed Snapper | Lutjanus malabaricus   |\n| Red Snapper           | Lutjanus erythropterus |\n| Red Emperor           | Lutjanus sebae         |\n\n#### Part 2 – the Second Species\n\n| Common name                     | Scientific name             |\n| ------------------------------- | --------------------------- |\n| Broad-barred Spanish Mackerel   | Scomberomorus semifasciatus |\n| Coral trouts, Rock cods etc     | Serranidae family           |\n| Gold Band Snapper               | Pristipomoides multidens    |\n| Longtail Tuna                   | Thunnus tonggol             |\n| Narrow -barred Spanish Mackerel | Scomberomorus commerson     |\n| Emperors, sea breams            | Lethrinidae family          |\n\nSchedule 2 – Prohibited-take species\n\n| Common name             | Scientific name                                |\n| ----------------------- | ---------------------------------------------- |\n| Barramundi              | Lates calcarifer                               |\n| Black jewfish           | Protonidea diacanthus                          |\n| Blue salmon             | Eleutheronema tetradactylum                    |\n| Coral                   |                                                |\n| Jewel fish (Yellow Jew) | Nibea squammosa                                |\n| Pearl shell             | Pinctada spp                                   |\n| Queenfish               | Scomberoides lysan;Scomberoides commersonianus |\n| Spotted grunter-bream   | Pomadasys kaakan                               |\n| Threadfin salmon        | Polydactylus sheridani                         |\n| Beche-de-mer            | Class Holothuroidae                            |\n| Trochus                 | Class Trochidae                                |\n| Sharks, rays and skates | Subclass Elasmobranchii                        |","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Direction appears consistent with its original purpose as a technical fisheries management instrument. It sets specific bycatch limits and prohibited species for the Northern Prawn Fishery, which aligns with the standard function of Directions made under section 41A of the Fisheries Management Act 1991. The scope remains focused on regulating incidental catch during prawn fishing operations."},"complexity_factors":["Multiple nested conditional exemptions (Section 9 has different weight limits depending on time of year, with different conversion formulas for processed fish)","Cross-references to external definitions: relies on definitions from both the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995","Presumption rules that shift legal burden: master presumed to have taken all fish on board, and fish presumed taken on current/most recent trip","Mathematical conversion factors required for processed fish weights (W = GG x 1.1, etc.)","Temporal limitation for scampi prohibition with specific UTC timestamp (2230 hours UTC on 30 November 2022)","Dual classification system: species split across two schedules with different limit structures (weight-based vs. individual count-based)"],"plain_english_summary":"This Direction imposes strict catch rules for commercial fishers (and their masters) in the Northern Prawn Fishery, limiting sizes, quantities, and entirely banning certain species to prevent bycatch and protect vulnerable stocks. It treats captains as responsible for catches, requires formulas to convert processed weights back to whole weight, and allows exemptions where other approved fisheries plans or state laws apply.\n\nIt matters because it enforces sustainable trawling practices while permitting tightly controlled retention of a few species under set conditions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Direction narrows and specifies allowable take in the Northern Prawn Fishery by listing prohibited species, imposing minimum size and egg‑bearing bans for bugs, and setting per‑trip weight/number caps and seasonal exemptions (ss.7–9; Schedules). It therefore changes the operational scope of what statutory fishing‑right holders may lawfully take within the fishery. The instrument also repeals an earlier instrument via Schedule 3 (s.5(1)), but that Schedule is not supplied here so precise differences from the prior instrument cannot be fully enumerated."},"complexity_factors":["Extensive cross-referencing to definitions in the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995 (s.4), creating reliance on external instruments for meaning.","Multiple numeric limits that vary by species group, unit (whole weight vs. counts), and trip timing (s.8; Schedule 1; Schedule 2).","Processing conversion factors that convert GG, F, HG to whole weight for compliance with weight limits (s.9(1)(c), 9(2)(c)).","Temporal and seasonal exemptions that change allowable take substantially between 1 March–30 June and the rest of the year (s.9(1)–(2)).","Legal presumptions about who is treated as having taken fish and when fish are taken (s.4), affecting liability and evidential burdens on masters/holders.","Overlap and interaction with other plans of management and state/territory laws as exemptions (s.9(4)), adding regulatory complexity and potential conflict.","Inclusion of an unspecified repeal via Schedule 3 (s.5(1)) — the omitted Schedule 3 in the supplied text prevents a full accounting of scope changes from prior instruments."],"plain_english_summary":"This Direction limits what holders of Northern Prawn Fishery statutory fishing rights (and people acting for them) may take: it bans undersize and egg-bearing bugs, lists prohibited species, and sets per‑trip weight or number caps for other listed species with conversion rules for processed product and seasonal exemptions (ss.4,7–9; Schedules). Compliance, measurement and record‑keeping burdens and trip‑timing incentives fall on masters and holders, who are legally presumed to have taken all fish on board (s.4)."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021","history":"/api/acts/fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021/history","analysis":"/api/acts/fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021/analysis","conflicts":"/api/acts/fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021/conflicts","importantCases":"/api/acts/fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021/important-cases","documents":"/api/acts/fisheries-management-northern-prawn-fishery-limited-take-and-prohibited-take-species-direction-2021/documents"}}