EXPLANATORY STATEMENT
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 81
The proposed 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 Torres Strait Prawn (TSP) Fishery is the most valuable commercial fishery in Torres Strait. The fishery focuses primarily on brown tiger prawns (Penaeus esculentus), 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.
In order to reduce the bycatch of unwanted species, including marine turtles which are of conservation concern, the industry is required to use Turtle Excluder Devices (TEDs). These TEDs have to meet minimum design standards to ensure that turtles are not harmed.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Fisheries Management Notice No. 81, as the proposed amendment is only a minor modification to the current TED design standards, has wide-spread industry support and provides industry with access to the US market (ORR ID number 8729)
Consultation
This Fisheries Management Notice replaces Fisheries Management Notice No. 60, dated 21 February 2002, to bring TED requirements closer in line with standards required for market access to the United States under Section 609 of United States Public Law 101 – 162 which prohibits imports of prawns harvested in ways that are harmful to sea turtle species.
The new content of this Fisheries Management Notice has been put through the approved Torres Strait Protected Zone Joint Authority (PZJA) consultative structure. It has been discussed at the TSPMAC meetings of June and September 2006. The TSPMAC membership includes the Torres Strait Prawn Entitlement Holders Association (representing commercial fisheries) and representatives of the Community Fisheries Group (representing traditional inhabitants). Consensus was reached on the nature and content of the policy contained in this notice during the consultative process.
The Torres Strait Fisheries section of the Australian Government Department of Agriculture, Fisheries and Forestry has also been consulted on the general content of the proposed notice.
Details of the Notice
The content of the proposed notice replaces Fisheries Management Notice 60 to facilitate access to the United States markets.
Clause 1 | States that the notice may be cited as Torres Strait Fisheries Management Notice No. 81. |
Clause 2 | States that the notice commences on 1 March 2007 |
Clause 3 | States that the notice applies in conjunction with other notices in the Prawn Fishery. |
Clause 4.1 | Details how certain words and terms used in the notice are to be interpreted. Also details the specific requirements for Turtle Excluder Devices. |
Clause 4.2 | States how net measurements are to be made. |
Clause 4.3 | States that terms that are not defined in this notice have the same meaning as in the Act and the Torres Strait Fisheries Regulations. |
Clause 5 | Revokes Fisheries Management Notice No 60 |
Clause 6.1 | Prohibits the use or possession of otter trawl equipment in the Torres Strait Prawn Fishery unless each net that is used is fitted with a Turtle Excluder Device. |
Clause 6.2 | States that a Turtle Excluder Device is not required if a try-net is used. |