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. 13
The Torres Strait Fisheries Management Instrument No. 13 (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 fishery
The Torres Strait Trochus Fishery is a small, single-species—Tectus niloticus (previously Trochus niloticus)—commercial and subsistence fishery. The fishery is an important source of income for some Islanders, especially women and children. The level of participation in the fishery is relatively low at present, largely due to a decline in overseas market demand for trochus shells in button manufacture. The fishery however, was historically an important source of income for the region between 1920-1950 and more recently in the 1980's. The last reported fishery activity occurred in 2010.
Trochus is usually taken by hand while walking reeftops or freediving however. Fishers operate from dories/dinghies (aluminium or fibreglass boats under 6 meters) with a crew of 2 or 3. Reef top collection of trochus is also possible at low tide.
The Instrument replaces the Torres Strait Fisheries Management Instrument No. 76 (the previous Instrument) which sunset on 1 April 2016. The Instrument maintains the prohibitions of the previous Instrument.
Details of the Instrument
The Instrument includes all existing arrangements contained within the previous Instrument.
The Instrument prohibits the taking, processing and carrying of trochus in the Torres Strait Trochus Fishery.
Consultation
The Instrument was sent to the Protected Zone Joint Authority (PZJA) Hand Collectable Working Group and 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.
Regulation Impact Statement
The Office of Best Practice Regulation (OPBR) advised that a Regulation Impact Statement was not required for the Instrument providing a letter from the agency head was provided certifying that the measures maintained from the sunsetting instrument efficiently achieved their objectives (OBPR ID: 20468). The letter is available for viewing on the OBPR website.
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. 13.
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 2025 unless earlier revoked.
Clause 4 Provides for definitions of terms 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 5 Provides that taking of trochus is prohibited.
Clause 6 Provides that those who hold a trochus licence or are engaged in traditional fishing are exempt from the prohibition contained in Clause 5.
Clause 7 Provides for gear restrictions, ie collect only by hand and without the use of any underwater breathing apparatus.
Clause 8 Provides for size limits which apply to trochus taken.
Clause 9 Provides an exemption to the size limits contained within Clause 8 for persons engaged in traditional fishing. This is in accordance with the terms of the Torres Strait Treaty.
Overview
The Torres Strait Fisheries Act 1984 was enacted to provide for the management and regulation of fisheries in the Torres Strait, a region of significant cultural and economic importance to Indigenous communities. The Act was introduced to address the need for sustainable and culturally sensitive management of marine resources in this area, balancing the rights of traditional fishers with the need for conservation. The Torres Strait Fisheries Management Instrument No. 13, issued by the Torres Strait Protected Zone Joint Authority under the authority of the Act, further refines these regulations by introducing specific measures to protect the Trochus fishery, which has historically been a crucial income source for many Islanders. The Instrument aims to maintain the prohibitions of its predecessor while ensuring that the needs and rights of traditional fishers are respected. The policy objective is to achieve efficient regulation that maintains the ecological balance and cultural heritage of the region.
Scope and Application
The Torres Strait Fisheries Management Instrument No. 13 applies to all individuals, entities, and operations engaged in the Torres Strait Trochus Fishery within the geographical boundaries of the Torres Strait, as delineated by the Torres Strait Fisheries Act 1984. This includes commercial and subsistence fishers, as well as those who hold a trochus licence or are involved in traditional fishing practices. The geographic reach of the Act is specifically within the Commonwealth jurisdiction, ensuring uniformity and regulatory control over the fishery across the Torres Strait. However, the Act excludes those engaged in traditional fishing activities from certain prohibitions and restrictions, in accordance with the Torres Strait Treaty. The application of the Act can be further refined through subordinate instruments, which may impose additional regulations or exemptions to address specific circumstances or emerging issues within the fishery.
Key Provisions
The Torres Strait Fisheries Management Instrument No. 13 (the Instrument) sets out the regulations for the management of the Torres Strait Trochus Fishery, which is a small, single-species commercial and subsistence fishery centred around Tectus niloticus. The main operative sections of the Instrument include Clause 5, which prohibits the taking of trochus, and Clause 6, which provides an exemption to this prohibition for those who hold a trochus licence or are engaged in traditional fishing (Clause 5 and Clause 6). Clause 7 imposes gear restrictions, stipulating that trochus can only be collected by hand and without the use of any underwater breathing apparatus. Clause 8 sets size limits for trochus taken, while Clause 9 provides an exemption to these size limits for persons engaged in traditional fishing, in accordance with the terms of the Torres Strait Treaty.
The Instrument imposes obligations on parties and entities involved in the Torres Strait Trochus Fishery, particularly in relation to the prohibition on taking trochus (Clause 5). Those who hold a trochus licence or are engaged in traditional fishing are exempt from this prohibition (Clause 6). Additionally, the Instrument mandates that trochus can only be collected by hand and without the use of any underwater breathing apparatus (Clause 7). The size limits for trochus taken are stipulated in Clause 8, with an exemption for persons engaged in traditional fishing as outlined in Clause 9. The Instrument also requires compliance with the terms of the Torres Strait Treaty in relation to traditional fishing practices.
There are potential civil and criminal consequences for breaches of the Torres Strait Fisheries Management Instrument No. 13. The maximum penalties for such breaches are not specified in the explanatory statement provided. However, the Instrument's provisions are enforced by the Protected Zone Joint Authority, which has the authority to take action against individuals or entities that fail to comply with the regulations outlined in the Instrument. Non-compliance with the prohibition on taking trochus, gear restrictions, or size limits could result in legal action being taken against the offending party.