Torres Strait Fisheries Management Notice No. 70 (18/02/2004)

Administered by Department of Agriculture

Legislation au F2007B00353 Not in force Legislative Instrument

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Torres Strait Fisheries Act 1984

Fisheries Management Notice No. 70

TORRES STRAIT PRAWN FISHERY

REQUIREMENT FOR USE OF BYCATCH REDUCTION DEVICES

 

The Protected Zone Joint Authority, acting in accordance with the powers conferred on
the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, and the
Minister in accordance with the powers under section 16 of the Torres Strait Fisheries

Act 1984, makes the following notice.

Dated this 18th day of February 2004.

 

IAN MACDONALD
Minister for Fisheries, Forestry and Conservation and member and Chair of the
Protected Zone Joint Authority

______________________

 

CITATION

  1. This Notice may be cited as Torres Strait Fisheries Management Notice No. 70.

COMMENCEMENT

2.                       This Notice commences on Gazettal.

THIS notice TO APPLY WITH OTHER NOTICES

3.                       This Notice applies in conjunction with any other notice in force in the area of the Prawn Fishery.

INTERPRETATION

4.1 In this Notice, unless the contrary intention appears:

"prawns" means fish of the family Penaeidae spp;

"By-catch Reduction Device" means a device that allows fish and other animals
to escape immediately after being taken in the net and is constructed in
accordance with Schedule 1.


"bar" in relation to square mesh in a trawl net, means:

(a)                    for a knotted trawl net, a side of a mesh from one knot to the next
knot on the same side of the mesh; or

(b)                    for a knotless net, a side of a mesh from one corner to the next
corner.

"the Act" means the Torres Strait Fisheries Act 1984.

4.2 Terms used but not defined in this Notice have the same meaning as in the
Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations.

PROHIBITION

5.1 Pursuant to paragraph 16(1)(c) of the Act, the use or possession of otter trawl
equipment in the area of the Torres Strait Prawn Fishery is prohibited unless
each net that is rigged for fishing is fitted with a By-catch Reduction Device.

5.2 A net is rigged for fishing if part or all of the net is in the water, or if it is
shackled, tied or otherwise connected to any trawl door or trawl board, or to any
tow rope or cable, either on board the boat or attached in any manner to the
boat.

5.3 However, if a try net is used, the try net is not required to be fitted with a By-
catch Reduction Device.

______________________

SCHEDULE 1

 

SQUARE MESH COD END

The net's cod end is a recognised BRD if:

(a) at least half the cod end's circumference is square mesh of at least 45mm; and

(b) the square mesh has at least 75 bars along each side of the mesh; and

(c) the square mesh net is no more than 5 meshes from the cod end drawn strings of
the net; and

(d) nothing covers any of the square meshes during trawling.

 

SQUARE MESH PANEL

A panel of the net is considered to be a recognised BRD if:

(a) the panel:

(i) is square mesh of at least 101 mm; and

(ii) is at least 600 mm wide and 400 mm long; and

(b) the entire panel is no more than 100 meshes from the cod end drawstrings of the
net; and

(c) nothing covers any of the square meshes during trawling.

 

FISHEYE

An opening in the net is a recognised BRD if:

(a) the opening is:

 (i) held open by a rigid frame; and

(ii) at least 350 mm wide and 150 mm long; and

(b) the opening is no more than 100 meshes from the cod end drawstrings of the net;
and

(c) nothing covers any part of the opening during trawling.

 

BIGEYE

An opening in the net is a recognised BRD if:

(a) the opening is:

(i) in the top of the net; and

(ii) at least 1 metre across the width of the net;

(b) the opening is no more than 200 meshes from the cod end drawstrings of the net;
and

(c) the opening has, during trawling, a weighted forward section and buoyed rear
section; and


(d) the edges of the opening do not overlap by more than 285 mm; and

(e) nothing covers any part of the opening during trawling.

 

RADIAL ESCAPE SECTION

A combination of a funnel, hoops and an opening in the net is a recognised BRD if:

(a) the funnel:

(i) is attached to the net by all of the funnel's front edge circumference; and

(ii) has a number of meshes in its rear edge circumference of no more than 60%
of the number of meshes in the circumference of the net at its rear edge; and

(b) the net has:

(i) either:

(1) a hoop attached to it at the funnel's front edge that keeps the funnel fully open; or

(2) a TED within 900 mm of the front of the funnel's front edge; and

(ii) a hoop (the rear hoop):

(1) with a diameter of at least 650 mm; and

(2) no more than 105 meshes from the cod end drawstrings of the net; and

(c) the openings are as follows:

(i) forward of the rear hoop; and

(ii) the rear edge of the rear opening are within 5 meshes of the rear hoop; and

(iii) extend for at least 350 mm and cover at least half of the net's
circumference; and

(iv) are at least 101 mm in each of their dimensions; and

(v) no more than 500 mm forward of the funnel's rear edge.

 

V-CUT / FLAP

An opening in the net is a recognised BRD if:

(a) the opening is:

(i) in the top of the net;

(ii) in the form of a triangular flap of netting which at its widest point is at
least 250 mm across the width of the net and each edge at least 250 mm
long;

(iii) no more than 100 meshes from the cod end drawstrings of the net; and

(b) during trawling the opening is held open:

(i) with the use of a weighted flap; or

(ii) by the flap being stitched to the side of the cod end; and

(b) nothing covers any part of the opening during trawling.

 

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for sustainable management of fisheries within the Torres Strait region, ensuring both environmental protection and the interests of local communities. This legislation was introduced by the Australian Parliament and aims to provide a framework for the effective management of fisheries, including measures to prevent overfishing and protect marine biodiversity. The Torres Strait Fisheries Management Notice No. 70, made under the authority of the Protected Zone Joint Authority and the Minister, further supplements the Act by introducing specific requirements for the use of bycatch reduction devices in the Torres Strait Prawn Fishery. This notice is designed to mitigate the impact of prawn fishing on non-target species, aligning with the overarching policy objective of sustainable and environmentally responsible fishing practices.

Scope and Application

The Torres Strait Fisheries Management Notice No. 70, which pertains to the requirement for the use of bycatch reduction devices (BRD) in the Torres Strait Prawn Fishery, applies to individuals and entities engaged in prawn fishing activities within the specified area of the Torres Strait. This Notice is made under the authority granted by the Torres Strait Fisheries Act 1984 and is applicable alongside any other notices in force within the Prawn Fishery. The Notice mandates the use of BRDs for nets rigged for fishing, with specific exceptions for try nets. The geographic scope of this Notice is limited to the Torres Strait, a sea area shared between Australia and Papua New Guinea, subject to the jurisdictional reach of the Torres Strait Treaty and the Torres Strait Fisheries Act. The Notice does not apply to other fisheries or geographical areas outside of the specified Prawn Fishery in the Torres Strait. The Notice can be further extended or modified through subordinate instruments, as authorised by the Act, to adapt to changing circumstances or new scientific evidence regarding bycatch reduction.

Key Provisions

The Torres Strait Fisheries Management Notice No. 70, made under the Torres Strait Fisheries Act 1984, establishes specific requirements for the use of bycatch reduction devices (BRDs) in the Torres Strait Prawn Fishery. This notice requires that any otter trawl equipment used in the fishery must be fitted with a BRD unless it is a try net (Section 5.1). The notice defines a BRD as a device that allows fish and other animals to escape immediately after being taken in the net, constructed in accordance with the specifications detailed in Schedule 1 (Section 4.1). A net is considered rigged for fishing if it is in the water or connected to any trawling equipment, whether on board or attached to the boat (Section 5.2). The different types of BRDs are specified in Schedule 1, including square mesh cod ends, square mesh panels, fisheyes, bigeyes, radial escape sections, and V-cut or flap openings. The notice imposes several obligations on parties operating within the Torres Strait Prawn Fishery. First, all otter trawl equipment used must be fitted with a BRD as specified, with the exception of try nets (Section 5.1). The specific dimensions and construction requirements for each type of BRD are outlined in Schedule 1, ensuring that the devices meet certain standards to effectively allow bycatch to escape. These obligations apply to any net that is rigged for fishing, meaning it must comply whether it is partially in the water or fully connected to trawling equipment (Section 5.2). Additionally, nothing can cover the square meshes or openings during trawling to ensure the BRDs function correctly (Schedule 1). Failure to comply with the requirements of this notice may result in civil or criminal penalties. The Torres Strait Fisheries Act 1984 provides for enforcement actions against those who violate the provisions of the Act and associated notices. Specifically, any use or possession of otter trawl equipment without the required BRD could lead to fines or other penalties as prescribed under the Act. The exact penalties would depend on the specific breach and the discretion of the court, but they may include substantial fines for individuals and corporations found in violation of the notice. These consequences underscore the importance of adhering to the bycatch reduction requirements to ensure sustainable fishing practices in the Torres Strait Prawn Fishery.

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