Torres Strait Fisheries Management Instrument No. 4

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2011L00906 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 4

 

Issued by the authority of the Protected Zone Joint Authority

 

Torres Strait Fisheries Act 1984

 

The Torres Strait Fisheries Management Instrument No. 4 (FMI 4) 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 March‑June. 

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. 4– Prohibition on Taking of Prawns by Papua New Guinea Boats modifies and replaces the existing arrangements contained in Fisheries Management Notice No. 29, dated 14 April 1989. The new instrument prohibits the taking of prawns in the area of the TSPF with the use of a boat for which a Papua New Guinea (PNG) licence is in force unless that boat has a TSPF treaty endorsement to operate in this fishery.

 

Consultation

The revised arrangements contained in FMI 4 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 4.

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. 4.

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 No. 29, dated 14 April 1989 is revoked. The FMI 4 maintains many of the existing arrangements contained in Fisheries Management Notice No. 29, which apply PNG licensed boats. It includes a prohibition on the taking of prawns and reinforcing the stowage configuration of fishing gear in the area of the fishery. The area of the fishery is described in clause 5.

Clause 5(1) defines how specific words and terms used in the instrument are to be interpreted. This includes the area of the fishery as described in the Torres Strait Prawn Management Plan 2009.

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 2010 has the same meaning as in the Act, Regulations or the Plan.

Clause 6 prohibits the taking of prawns in the area of the fishery, as described in clause 5, with the use of a boat for which a PNG licence is in force. It also provides that the person in charge of the PNG licensed boat must not, in the area of the fishery, carry otter trawl nets or boards unless no part of the equipment is in water and each board is stowed in the racks or hanging from the blocks and the cod ends of each net is open.

This clause ensures that compliance agencies are able to positively ensure that operators abide by the conditions and regulations that govern the area of the fishery in the TSPF.   

Clause 7 makes provisions under section 16(1A)(d) of the Act for a person who holds a PNG license, and the boat holds a treaty endorsement for the purpose of commercial prawn fishing in the Australian jurisdiction, to be exempt from the prohibitions in clause 6. 

 

 

 

 

Overview

The Torres Strait Fisheries Management Instrument No. 4 (FMI 4) was enacted in 2011 to address the management of the Torres Strait Prawn Fishery (TSPF) under the Torres Strait Fisheries Act 1984. This legislative instrument, issued by the Protected Zone Joint Authority, serves to regulate fishing activities within the TSPF, particularly focusing on the prohibition of prawns being taken by Papua New Guinea (PNG) licensed boats unless they possess a TSPF treaty endorsement. This regulation aims to ensure compliance with the management practices outlined in the Torres Strait Prawn Management Plan 2009, which includes the transition from a fishing days system to a unitised allocation system. The policy objective behind FMI 4 is to maintain the sustainability and proper management of the TSPF while considering the interests of all stakeholders involved, as recommended by the Torres Strait Prawn Fishery Management Advisory Committee.

Scope and Application

The Torres Strait Fisheries Management Instrument No. 4 (FMI 4) applies to all vessels that are subject to Papua New Guinea (PNG) licences and are operating in the area of the Torres Strait Prawn Fishery (TSPF) as defined in the Torres Strait Prawn Management Plan 2009. This instrument governs the conduct of these vessels, particularly concerning the prohibition of prawn taking in the TSPF area unless the vessel holds a TSPF treaty endorsement. The instrument is an integral part of the legislative framework established under the Torres Strait Fisheries Act 1984 and is enforced by the Protected Zone Joint Authority (PZJA). It revokes the previous Fisheries Management Notice No. 29 and introduces stricter compliance measures. Notably, the FMI 4 ensures that PNG licensed boats must not carry certain fishing equipment in the fishery area unless it is stowed correctly, which helps in maintaining the regulatory standards of the fishery. The instrument also exempts PNG licensed boats with a TSPF treaty endorsement from the specified prohibitions, thus allowing authorised vessels to operate under certain conditions. The geographic reach of this legislation is confined to the waters of the Torres Strait as delineated in the relevant management plans and regulations.

Key Provisions

The Torres Strait Fisheries Management Instrument No. 4 (FMI 4) primarily addresses the prohibition on the taking of prawns in the Torres Strait Prawn Fishery (TSPF) area by boats licensed in Papua New Guinea (PNG) unless they have a specific treaty endorsement. This is detailed in clause 6(1) of the FMI 4, which explicitly prohibits the use of PNG-licensed boats for prawn taking within the TSPF area. Furthermore, clause 6(2) mandates that the person in charge of a PNG-licensed boat must ensure that any otter trawl nets or boards are stowed properly and that the cod ends of each net are open if they are to be present within the fishery area. This clause ensures that compliance agencies can effectively monitor adherence to the regulations governing the TSPF area. The FMI 4 imposes specific obligations on individuals and entities operating within the TSPF area. Primarily, it requires that any person in charge of a PNG-licensed boat must comply with the stowage conditions for fishing gear as stipulated in clause 6(2). Moreover, PNG-licensed boats must possess a TSPF treaty endorsement to legally take prawns in the fishery area, as outlined in clause 6(1). This requirement ensures that only authorised vessels can engage in prawn fishing activities within the designated area. Breaches of the FMI 4 may result in civil and criminal consequences. Specifically, operating a PNG-licensed boat without the required TSPF treaty endorsement or failing to comply with the stowage requirements for fishing gear can lead to penalties. While the FMI 4 does not specify maximum penalties, violations of similar provisions under the Torres Strait Fisheries Act 1984 can result in significant fines and potential imprisonment. It is important for operators to adhere to the FMI 4 to avoid legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.