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. |
Overview
The Torres Strait Fisheries Act 1984 was enacted to establish a framework for the regulation of fisheries in the Torres Strait, aiming to balance commercial fishing activities with the conservation of marine resources. One of the significant issues it sought to address was the bycatch of marine turtles, which are considered a conservation concern. The Act empowers the Minister for Fisheries, Forestry and Conservation to regulate fishing activities through notices published in the Gazette, and it also allows the Protected Zone Joint Authority to exercise these powers on behalf of the Minister. This legislative framework is crucial for managing the Torres Strait Prawn (TSP) Fishery, which is the most valuable commercial fishery in the region, focusing on species such as brown tiger prawns, endeavour prawns, and red spot king prawns. To mitigate the environmental impact of trawling, the industry is mandated to use Turtle Excluder Devices (TEDs) that meet specific design standards to protect marine turtles. The policy objective behind these regulations is to ensure sustainable fishing practices while facilitating market access, particularly to the United States, which has stringent import regulations concerning the protection of sea turtles.
Scope and Application
The Torres Strait Fisheries Management Notice No. 81 applies to the Torres Strait Prawn Fishery, specifically regulating the use of Turtle Excluder Devices (TEDs) in commercial fishing activities within the Torres Strait. This notice is pertinent to all commercial fishing entities operating within the Prawn Fishery, requiring adherence to the specified design standards for TEDs to protect marine turtles, particularly during the peak fishing season from March to November. The notice is issued under the authority of the Torres Strait Fisheries Act 1984 and operates in conjunction with other relevant notices within the Prawn Fishery. It mandates that all commercial fishing operations within the Torres Strait must equip their otter trawl equipment with approved TEDs, unless a try-net is used, in alignment with the conservation efforts to protect endangered sea turtle species. The notice extends to ensuring compliance with international standards, facilitating market access to the United States.
Key Provisions
The main operative sections of Fisheries Management Notice No. 81 (Clauses 4 and 6) provide detailed specifications regarding the use of Turtle Excluder Devices (TEDs) in the Torres Strait Prawn Fishery. Clause 4 sets out the definitions of key terms used in the notice and specifies the requirements for TEDs to ensure compliance with the standards necessary for market access to the United States. Clause 6 explicitly states that otter trawl equipment must be fitted with a TED unless a try-net is being used, reinforcing the importance of using TEDs to mitigate the bycatch of marine turtles.
The obligations imposed by the Act on the parties involved include adherence to the TED requirements outlined in Clause 4. This means that any entity engaged in commercial fishing within the Torres Strait Prawn Fishery must ensure that their otter trawl equipment is equipped with a TED that meets the specified design standards. Failure to comply with these requirements could result in legal repercussions. Additionally, the requirement for consultation with stakeholders, as mentioned in the Explanatory Statement, ensures that the provisions of the notice reflect the needs and concerns of both commercial fishers and traditional inhabitants.
Breaches of the provisions in Clause 6 can result in civil and potentially criminal penalties. Specifically, Clause 6.1 makes it an offence to use or possess otter trawl equipment without a compliant TED, and such violations could lead to significant fines. Although the exact penalties are not specified in the text, the seriousness of the environmental and regulatory implications suggests that penalties could be substantial. Moreover, any failure to comply with the TED requirements could also result in the confiscation of equipment or even the suspension of fishing licences, further underscoring the importance of adherence to the notice’s provisions.