Torres Strait Fisheries Management Instrument No. 2

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2011L00904 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 2

 

Issued by the authority of the Protected Zone Joint Authority

 

Torres Strait Fisheries Act 1984

 

The Torres Strait Fisheries Management Instrument No. 2 (FMI 2) 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 for Agriculture, Fisheries and Forestry to regulate fishing through an instrument registered on the Federal Register of Legislative Instruments (FRLI). 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), blue endeavour prawns (Metapenaeus spp) and red spot king prawns (Melicertus longistylus). Prawns are taken by trawling at night. Commercial fishing occurs from 1 March to 30 November, inclusive, with a peak during MarchJune. 

The Torres Strait Prawn Management Plan 2009 (the Plan) was approved by the PZJA and registered on 12 February 2009. The Plan provides for a unitised allocation system representing a share of the total available effort and replaces the current system of fishing days.

Fisheries management instruments are required to support the Plan. In general, they deal with prohibitions and management arrangements that are expected to change more frequently than management plans. In addition they may be used to prescribe things that by virtue of the Act cannot be prescribed in a management plan.

Fisheries Management Instrument No. 2 – Prohibition on Taking Prawns and Carrying Equipment (Exclusion Zone) modifies and replaces the existing arrangements contained in Fisheries Management Notice Nos. 40, 49 and 68. The new instrument prohibits the taking or carrying of prawns in the exclusion zones outlined in Schedule 1 by reference to the Australian Geodetic Datum 1966 (AGD66), except in an area that is a transit zone.  For convenience, the coordinates of the exclusion zones have also been expressed in Schedule 2 of the instrument based on the World Geodetic Datum 1984 (WGS84).

 

Consultation

The revised arrangements contained in FMI 2 were considered by the Torres Strait Prawn Fishery Management Advisory Committee (TSPMAC) at its
December 2008 meeting. The TSPMAC is the principal advisory body for the PZJA on TSPF management issues. The TSPMAC includes members representing industry, government and scientific interests. The TSPMAC recommended that the PZJA approve FMI 2.

The Office of Best Practice Regulation (OBPR) has advised that as the impacts of the amendments will be ‘low’, the preparation of a Regulatory Impact Statement or quantification of compliance costs is not required (OBPR ID number 10033).

 

Details of the Instrument

Clause 1 provides that the name of the instrument is the Torres Strait Fisheries Management Instrument No. 2.

Clause 2 provides that the instrument commences on the day after registration.

Clause 3 provides that the instrument applies in conjunction with any other notice or instruments in force in the TSPF.

Clause 4 provides that Fisheries Management Notice (FMN) No. 40, dated 24 February 1994, FMN No. 49, dated 16 April 1998, and FMN No. 68, dated 8 December 2003 are revoked. FMI 2 maintains many of the existing arrangements contained in FMN No.40, FMN No. 49 and FMN No. 68 and sets out the new prohibitions on taking prawns and carrying equipment in exclusion zones in the TSPF. The exclusion zones set out in Schedule 1 and Schedule 2 are designated areas west of Warrior Reef, Darnley Island, Deliverance Island, Kerr Islet and Turu Cay.

Clause 5(1) defines how specific words and terms used in the instrument are to be interpreted.

Clause 5(2) confirms that a word used in the instrument that is used in the Act, the Torres Strait Fisheries Regulations or the Torres Strait Prawn Management Plan 2009 has the same meaning as in the Act, Regulations or the Plan.

Clause 6 provides a description of the area of the exclusion zones in Schedule 1 by reference to the Australian Geodetic Datum 1966 (AGD66) Geoscience Australia.

For convenience of the use of navigational aids, Schedule 2 also provides a description of the area of the exclusion zones by reference to WGS84.

Any inconsistencies in coordinates between the AGD66 and the WGS84 description will be resolved by referencing Schedule 1.

The Guidelines for Describing Maritime Boundaries 2006, Geosciences Australia provides good reference material on how maritime boundaries are described and where possible, should be used in conjunction with FMI 2 and this explanatory statement.

Clause 7 prohibits the taking and carrying of prawns in an exclusion zone, except in an area of the exclusion zone that is a transit zone. The transit zone is set out in FMN No1 and is only to be used for the purposes of traversing into and out of the area of the fishery.

 

All TSPF boats are prohibited from carry fishing gear while traversing through the transit zone unless all the fishing gear is out of the water. If the gear is in the water the operator must ensure all cod ends are open and drawn to the boat so that the cod ends are visible from an aircraft or another boat and the boards are at the blocks.

This clause ensures that compliance agencies are able to positively ensure that operators abide by the conditions that govern transit zones in the TSPF.

Schedule 1

Specifies the exclusion zones by reference to the Australian Geodetic Datum 1966 (AGD66).

Schedule 2

Specifies the exclusion zones by reference to the World Geodetic Datum 1984 (WGS84).

Overview

The Torres Strait Fisheries Management Instrument No. 2 was enacted to regulate fishing activities within the Torres Strait Prawn Fishery (TSPF), specifically addressing the management of prawn harvesting and the establishment of exclusion zones where prawn taking is prohibited. This legislative instrument was developed under the authority of the Torres Strait Fisheries Act 1984 and is administered by the Protected Zone Joint Authority (PZJA). The primary objective of the Instrument is to support the Torres Strait Prawn Management Plan 2009 by implementing more frequently changing prohibitions and management arrangements, thereby ensuring sustainable and orderly management of the fishery. The Instrument modifies and replaces existing arrangements to better align with the current needs of the fishery, providing clearer guidelines on exclusion zones and transit conditions to enhance compliance and support sustainable fishing practices. The Torres Strait Fisheries Management Instrument No. 2 modifies and revokes previous Fisheries Management Notices to introduce a prohibition on the taking and carrying of prawns within designated exclusion zones, except in designated transit zones. These zones are carefully mapped using both the Australian Geodetic Datum 1966 and the World Geodetic Datum 1984 to ensure clarity and precision in their location. The Instrument was developed following recommendations from the Torres Strait Prawn Fishery Management Advisory Committee and aligns with the broader objectives of the Torres Strait Fisheries Act 1984, which aims to balance the needs of the fishery with the preservation of marine resources and ecosystems.

Scope and Application

The Torres Strait Fisheries Management Instrument No. 2 (FMI 2) applies to all persons and entities involved in fishing activities within the Torres Strait Prawn Fishery (TSPF), including commercial fishers, operators, and vessels. This legislative instrument governs the conduct and transactions related to the taking and carrying of prawns and fishing equipment within designated exclusion zones, as well as the use of transit zones. The geographic reach of FMI 2 is confined to the Torres Strait region, which lies between Australia and Papua New Guinea, and is overseen by the Protected Zone Joint Authority (PZJA) under the Torres Strait Fisheries Act 1984. The instrument replaces previous Fisheries Management Notices (FMN) Nos. 40, 49, and 68, establishing new prohibitions on taking prawns and carrying equipment in specific exclusion zones. The exclusion zones, outlined in Schedule 1 based on the Australian Geodetic Datum 1966 (AGD66) and Schedule 2 based on the World Geodetic Datum 1984 (WGS84), are areas west of Warrior Reef, Darnley Island, Deliverance Island, Kerr Islet, and Turu Cay. The instrument allows for its provisions to be extended or modified through subordinate instruments, providing flexibility in managing the fishery.

Key Provisions

The Torres Strait Fisheries Management Instrument No. 2 (FMI 2) (Clauses 1-7) governs the management of the Torres Strait Prawn Fishery (TSPF) and sets out new prohibitions on taking prawns and carrying equipment in exclusion zones. The instrument, which commenced on the day after registration (Clause 2), applies in conjunction with any other notices or instruments in force in the TSPF (Clause 3). It revokes previous Fisheries Management Notices (FMN) No. 40, 49 and 68 (Clause 4) and replaces them with new provisions detailed in the FMI 2. The exclusion zones, specified in Schedules 1 and 2, are designated areas west of Warrior Reef, Darnley Island, Deliverance Island, Kerr Islet and Turu Cay, identified by their coordinates according to the Australian Geodetic Datum 1966 (AGD66) and the World Geodetic Datum 1984 (WGS84) (Clause 6). The FMI 2 imposes specific obligations on the parties involved in the TSPF. It prohibits the taking and carrying of prawns in the exclusion zones, except in transit zones (Clause 7). Transit zones, set out in FMN No 1, are designated for the purpose of traversing into and out of the fishery area. All TSPF boats must ensure that fishing gear is not carried while traversing the transit zone, and if the gear is in the water, cod ends must be open and visible from an aircraft or another boat (Clause 7). These measures are designed to ensure compliance with the conditions governing transit zones in the TSPF. Failure to comply with the provisions of FMI 2 may result in civil and/or criminal consequences. The specific offences, penalties, or consequences for breach are not detailed in the explanatory statement. However, breaches of provisions in the Torres Strait Fisheries Act 1984 or associated regulations may result in civil penalties, such as fines, or criminal penalties, such as imprisonment, depending on the nature and severity of the offence. The maximum penalties for breaches of the Torres Strait Fisheries Act 1984 can vary, but may include fines of up to $22,000 for individuals and $110,000 for corporations, as well as imprisonment for up to two years. It is important for those involved in the TSPF to be aware of and comply with the provisions of the FMI 2 to avoid potential penalties.

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