EXPLANATORY STATEMENT
Issued by the authority of the Torres Strait Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Torres Strait Fisheries Management Instrument No. 12
The Torres Strait Fisheries Management Instrument No. 12 (the Instrument) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 16(1) of the Torres Strait Fisheries Act 1984 (the Act) provides for the Minister to regulate fishing through an instrument registered on the Federal Register of Legislative Instruments. Subsection 35(1) of the Act provides for the Protected Zone Joint Authority (PZJA) to exercise the powers of the Minister under Subsection 16(1) of the Act.
The Torres Strait Prawn Fishery (TSPF) is one of the most valuable commercial fisheries in the Torres Strait. The fishery focuses primarily on brown tiger prawns (Penaeus esculentus), endeavour prawns (Metapenaeus spp) and red spot king prawns (Melicertus longistylus). Prawns are taken in the Torres Strait Prawn Fishery by trawling at night.
The Torres Strait Prawn Management Plan 2009 (the Plan) was made under section 15A of the Act on 12 February 2009. The Plan contains objectives and the measures by which the objectives are to be attained.
Fisheries management instruments are required to implement certain measures of the Plan. In general, they deal with prohibitions and management arrangements that are expected to change more frequently than those that are contained specifically within the Plan. In addition, they may be used to prescribe things that by virtue of the Act cannot be prescribed in a management plan.
In order to pursue the objective of the Plan ‘to manage the fishery’s interaction with the marine environment, including the incidental capture of non-target species and impacts on demersal habitats’ the Plan seeks to use fishing gear that is fitted with a turtle excluder device (TED) to minimise the capture and harm to marine turtles, which are protected species of conservation concern. The Instrument will require licence holders operating a boat in the fishery to fit an approved TED to their fishing net. The TED must meet minimum design standards to ensure that turtles are not captured and or harmed.
The Instrument revokes the Torres Strait Fisheries Management Instrument No. 81 (the previous Instrument). The Instrument maintains the prohibitions of the previous Instrument but implements a change in the TED design standards to maintain best practice.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised Australian Fisheries Management Authority that a Regulation Impact Statement is not required for the Fisheries Management Instrument No. 12 as the new Instrument contains only minor modifications relating to requirements on the use of TEDs in fishing nets in Fisheries Management Instrument No.81 (OBPR ID number 21626).
Consultation
The Instrument brings TED requirements in line with standards that will provide import access to the United States under Section 609 of United States Public Law 101 – 162 which prohibits imports of prawns harvested in ways that are harmful to sea turtle species.
The content of the Instrument has been considered and supported by the Torres Strait Protected Zone Joint Authority (PZJA) consultative groups. It was discussed at the Torres Strait Prawn Management Advisory Committee (TSPMAC) in June 2015. The TSPMAC membership includes commercial fishing industry members, Torres Strait traditional inhabitants, government agencies and scientists. There was broad consensus on the changes. The suggested amendments to the Instrument were also sent to all license holders for consideration. No comments were received.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The PZJA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The PZJA’s Statement of Compatibility is attached.
Details of the Instrument are set out below:
Clause 1 Provides for the Instrument to be cited as the Torres Strait Fisheries Management Instrument No. 12.
Clause 2 Provides that the Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 Provides that the Instrument is repealed on 31 December 2026 unless earlier revoked.
Clause 4 Provides that the Instrument revokes Torres Strait Fisheries Management Instrument No. 81 from the date of commencement of the Instrument.
Clause 5 Provides for definitions of terms, specified dimensions and other design characteristics contained within the Instrument, and that a term used in the Instrument and in the Plan or Act has the same meaning in the Instrument as in the Plan or Act.
Clause 6 Prohibits the use or possession of otter trawl equipment in the Torres Strait Prawn Fishery unless each net that is used is fitted with a Turtle Excluder Device.
Overview
The Torres Strait Fisheries Management Instrument No. 12 was enacted in 2017 by the Torres Strait Protected Zone Joint Authority (PZJA) under the authority of the Torres Strait Fisheries Act 1984. This legislative instrument was introduced to address the need for updated management practices within the Torres Strait Prawn Fishery (TSPF), particularly concerning the use of Turtle Excluder Devices (TEDs) to minimise harm to marine turtles, which are protected species. The Instrument seeks to align with international standards, notably the requirements under Section 609 of United States Public Law 101-162, which aims to prevent the importation of prawns harvested in ways harmful to sea turtles. The policy objective is to ensure sustainable fishing practices that protect the marine environment while maintaining the economic viability of the fishery.
The Instrument revises the previous management standards to ensure that all licence holders fit approved TEDs to their fishing nets, adhering to specified design criteria to prevent the capture and harm of marine turtles. This change is intended to support the overarching goals of the Torres Strait Prawn Management Plan 2009, particularly the objective to manage the fishery's interaction with the marine environment. The Instrument revokes the previous Torres Strait Fisheries Management Instrument No. 81, maintaining its prohibitions but updating the TED design standards to reflect best practices. The changes have been supported by extensive consultation with stakeholders, including commercial fishing industry members, traditional inhabitants, government agencies, and scientists, ensuring broad consensus on the amendments.
Scope and Application
The Torres Strait Fisheries Management Instrument No. 12 applies to all licence holders operating boats within the Torres Strait Prawn Fishery, enforcing compliance with the standards for Turtle Excluder Devices (TEDs) in their fishing nets. This legislation, under the Torres Strait Fisheries Act 1984, is designed to protect marine turtles, which are protected species of conservation concern, by minimising their incidental capture and harm during prawn fishing activities. The Instrument’s geographic reach is confined to the Torres Strait region, which lies between the Cape York Peninsula and the southern coast of Papua New Guinea. The Instrument replaces the Torres Strait Fisheries Management Instrument No. 81 and incorporates updated design standards for TEDs, ensuring alignment with international standards that provide import access to the United States under Section 609 of United States Public Law 101 – 162. The changes were developed in consultation with the Torres Strait Prawn Management Advisory Committee, which includes representatives from the commercial fishing industry, Torres Strait traditional inhabitants, government agencies, and scientists, reflecting a broad consensus on the amendments. The Instrument will remain in effect until 31 December 2026 unless revoked earlier, providing a structured regulatory framework to manage the environmental impacts of prawn fishing activities in the region.
Key Provisions
The Torres Strait Fisheries Management Instrument No. 12 (the Instrument) provides the regulatory framework for managing the interaction of the Torres Strait Prawn Fishery (TSPF) with the marine environment, with a focus on minimising the incidental capture and harm of marine turtles through the use of Turtle Excluder Devices (TEDs) (Clause 6). This Instrument is registered under section 16(1) of the Torres Strait Fisheries Act 1984 (the Act) and was made under section 35(1) of the Act by the Protected Zone Joint Authority (PZJA). It revokes the Torres Strait Fisheries Management Instrument No. 81 and implements updated TED design standards to maintain best practice.
The Instrument imposes several obligations on licence holders operating in the TSPF. Firstly, they are required to fit an approved TED to their fishing nets (Clause 6). These TEDs must meet specific minimum design standards to ensure they effectively exclude marine turtles without harming them (Clause 6). Additionally, licence holders must ensure that the TEDs are correctly installed and functioning as intended before commencing any fishing activities. Non-compliance with these requirements can lead to serious environmental impacts, including the harm and potential death of protected marine species.
Breaches of the requirements set out in the Instrument can lead to civil and criminal consequences. Under the Torres Strait Fisheries Act 1984, failure to comply with the Instrument can result in substantial penalties. The maximum penalties for non-compliance include fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential imprisonment terms. The seriousness of these penalties reflects the importance of adhering to the regulatory standards designed to protect marine ecosystems and endangered species. Furthermore, repeated or severe breaches may result in the suspension or revocation of fishing licences, effectively barring offenders from participating in the fishery until compliance is achieved.