EXPLANATORY STATEMENT
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 72A
The Fisheries Management Notice 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 Fisheries, Forestry and Conservation to regulate fishing through a notice published in the Gazette. Subsection 35(1) of the Act provides for the Protected Zone Joint Authority to exercise the powers of the Minister under subsection 16(1) of the Act.
The fishery
The Protected Zone Joint Authority (PZJA) manages the Torres Strait Prawn Fishery on behalf of the Australian Government. The PZJA’s objectives for the fishery are: to control effort in the fishery and provide for catch sharing to occur with PNG; to achieve a level of fishing effort which is consistent with conservation and optimum use of the Torres Strait Prawn resource.
The fishery is a multi-species prawn fishery (Endeavour, tiger and king prawns) that operates in the eastern part of the Torres Strait and is the most valuable commercial fishery in the Strait. The fishery has recently undergone a sustainable effort cut and a voluntary licence surrender process to account for Australia’s catch sharing obligations under the Torres Strait Treaty with Papua New Guinea and improved sustainability of the fishery. The fishery is considered fully exploited with the current level of effort.
Regulation Impact Statement
This Notice will remake legal rights and obligations that were unintentionally subject to repeal. The Office of Regulation Review (ORR) has advised the Department of Agriculture Fisheries and Forestry that a Regulation Impact Statement is not required as Fisheries Management Notice No. 72A reinstates provisions already in operation under Fisheries Management Notice No. 72.
Consultation
Fisheries Management Notice No. 72A reinstates Fisheries Management Notice No. 72, dated 18 February 2004.
This Notice is essential to managing the effort in the Torres Strait Prawn fishery. Section 18(b) of the Legislative Instruments Act 2003 provides for an exemption to consultation requirements where the implementation of a regulation is required as a matter of urgency. Stakeholder consultation has not occurred on this Notice as it reinstates established practice implemented under Fisheries Management Notice No. 72.
The Torres Strait Fisheries section of the Australian Government Department of Agriculture, Fisheries and Forestry has consulted with the Australian Fisheries Management Authority and the Office of Regulation Review on the proposed Notice.
Details of the Notice
Fisheries Management Notice No. 72A reinstates the clauses in Fisheries Management Notice No. 72 which are established practice in the Torres Strait Prawn Fishery. Fisheries Management Notice No. 72 was first gazetted on 23 February 2004 and, pursuant to section 32(2) of the Legislative Instruments Act 2003 was repealed on 1 October 2006. Due to the operation of section 15(b) of the Legislative Instruments Act 2003 the revocation of Fisheries Management Notice No. 43 and the amendment of Fisheries Management Notice No. 40 (which took effect as a result of Fisheries Management Notice 72) remain in force and are not affected by the failure to register Fisheries Management Notice No. 72.
Fisheries Management Notice No. 72A contains all existing arrangements of Fisheries Management Notice No. 72 including: a prohibition on the taking, processing or carrying of prawns or possession of equipment capable of being used for prawn trawling in the areas Torres Strait Prawn Fishery and a series of exemptions from these prohibitions including the holding of a licence to undertake these activities for a number of days in a year.
Clause 1 | States that the notice may be cited as Torres Strait Fisheries Management Notice No. 72A. |
Clause 2 | States that the notice commences on Gazettal. |
Clause 3 | States that the notice applies in conjunction with other notices in place for the Torres Strait Prawn Fishery. |
Clause 4 | Details how certain words and terms used in the notice are to be interpreted. |
Clause 5 | States that the taking of prawns is prohibited in the area of the Torres Strait Prawn Fishery. |
Clause 6.1 | Details exemptions from prohibitions. |
Clause 6.2 | Describes when a boat is taken to have been fishing for one full day. |
Clause 6.3 | States exemption from the prawn fishing prohibition based on licence type. |
Clause 6.4 | Details exemption from the prawn fishing prohibition based on a licence issued under the law of Papua New Guinea, endorsed by Australia. |
Clause 7 | Details prohibitions on the taking of prawns and the possession of equipment capable of taking prawns in the Transit Zone. |
Schedule 1 | Specifies the boundary of the Transit Zone area of waters. |
Schedule 2 | Specifies the boundary of designated anchorages. |
Overview
The Torres Strait Fisheries Act 1984, enacted to regulate fishing activities in the Torres Strait, establishes a framework for managing fisheries resources and ensuring their sustainable use. This Act empowers the Minister for Fisheries, Forestry, and Conservation to create regulations through notices published in the Gazette, with the Protected Zone Joint Authority (PZJA) also having the authority to exercise these powers. The primary objective of the Act is to manage the Torres Strait Prawn Fishery sustainably, controlling fishing effort and facilitating catch sharing with Papua New Guinea while maintaining conservation and optimal resource use. The Act addresses the need for a coordinated management approach to balance commercial interests with ecological sustainability in the Torres Strait.
The Fisheries Management Notice No. 72A, issued by the PZJA, reinstates the provisions of Fisheries Management Notice No. 72, which had been unintentionally repealed. This notice is critical for maintaining established practices in the Torres Strait Prawn Fishery, including prohibitions on prawn taking and equipment possession, with specific exemptions for licensed activities. The reissuance of this notice aims to rectify the regulatory gap left by the inadvertent repeal and ensures continuity in fishery management. The notice, exempt from the usual consultation requirements due to its urgency and the reinstatement of existing practices, reflects the PZJA's commitment to effective and uninterrupted management of the fishery.
Scope and Application
The Torres Strait Fisheries Act 1984 provides a framework for the regulation of fishing activities within the Torres Strait, a region of significant economic and cultural importance to both Australia and Papua New Guinea. The Act applies to any persons or entities engaged in fishing activities within the specified zones of the Torres Strait Prawn Fishery, encompassing commercial, recreational, and indigenous fishing practices. The Protected Zone Joint Authority (PZJA), acting on behalf of the Australian Government, exercises regulatory authority over this fishery. The PZJA aims to control fishing effort and ensure sustainable use of prawn resources, in accordance with Australia's obligations under the Torres Strait Treaty. The geographic reach of the Act pertains to the waters of the Torres Strait, a region shared by Australia and Papua New Guinea, reflecting the cooperative management approach necessitated by the Treaty. The Fisheries Management Notice No. 72A reinstates provisions that were inadvertently repealed, maintaining the established practices for managing the fishery, including prohibitions on certain fishing activities and specified exemptions for licensed operators. The Notice ensures the continuity of regulatory measures essential for the sustainable management of the fishery.
Key Provisions
The primary operative sections of Fisheries Management Notice No. 72A include clauses that define the scope and application of the Notice. Clause 1 provides the title of the Notice, while Clause 2 establishes that the Notice comes into effect upon its gazetteal. Clause 3 clarifies that the Notice operates in conjunction with other existing notices governing the Torres Strait Prawn Fishery. Clause 4 outlines the definitions of specific terms used within the Notice, ensuring clarity and consistency in interpretation. Clause 5 explicitly prohibits the taking of prawns within the designated area of the Torres Strait Prawn Fishery. Clause 6 details various exemptions from these prohibitions, such as those related to holding a valid licence, operating within specified days of the year, and possessing equipment capable of trawling prawns. Clause 7 extends these prohibitions to the Transit Zone, as defined in Schedule 1.
The Notice imposes several obligations and requirements on the parties and entities it governs. First, it mandates that any taking, processing, or carrying of prawns, as well as the possession of equipment capable of being used for prawn trawling, is generally prohibited within the designated fishery area unless an exemption applies. This requirement ensures that the fishing activities are regulated to maintain the sustainability of the prawn resources. Additionally, it specifies that a boat is considered to have fished for a full day under certain conditions, which impacts the compliance with the Notice's exemptions and restrictions. The Notice also details specific exemptions for holders of certain types of licences, including those issued under the law of Papua New Guinea, endorsed by Australia, and those operating within a specified number of days per year.
Failure to comply with the provisions of Fisheries Management Notice No. 72A can result in various legal consequences. Offences under this Notice may lead to penalties as prescribed by the Torres Strait Fisheries Act 1984. While the Notice itself does not specify maximum penalties, the Act provides for fines and potential imprisonment for breaches of its regulations. Civil and administrative penalties may also apply, depending on the severity and nature of the breach. It is crucial for parties governed by this Notice to adhere to the outlined prohibitions and exemptions to avoid facing these potential consequences.