Torres Strait Fisheries Management Notice No. 82 (19/05/2008)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2008L01970 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Torres Strait Fisheries Act 1984

Fisheries Management Notice No. 82

The proposed Fisheries Management Notice would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 16(1) (c) of the Torres Strait Fisheries Act 1984 (the Act) provides that the Minister may, by legislative instrument, prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, by a method, or with the use of equipment or a boat, of a kind specified in the instrument.

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 fishery

The Torres Strait Prawn Fishery (TSPF) is the most valuable commercial fishery in The Torres Strait.  The fishery focuses primarily on brown tiger prawns (Penaeus esculentus), endeavour prawns (Metapenaeus endeavouri) and red spot king prawns (Melicertus longistylus).  Prawns are taken by trawling at night.  Commercial fishing occurs from 1 March to 1 December, inclusive, with a peak during March‑June. 

The TSPF has a Bycatch Action Plan (2005) in place which has the following primary aims:

-          Eliminate to the greatest extent feasible, the catch of large animals such as turtles, sharks and stingrays, other protected species; and other species unable to withstand the effects of trawling;

-          Substantially reduce the ratio of bycatch to prawns;

-          Provide protection for areas that are important habitat for vulnerable species of marine life.

In line with the second primary aim, within the TSPF, a Bycatch Reduction Device (BRD) must be used in all nets except try nets. Currently there are six such devices listed in Fisheries Management Notice No. 70. They are as follows:

-          Square Mesh Codend

-          Square Mesh Panel

-          Fisheye

-          Bigeye

-          Radial Escape Section

-          V-Cut / Flap

 

In July 2004, the ‘Popeye Fish Excluder’ was tested in the East Coast Otter Trawl Fishery (ECOTF) showing a 29% reduction in bycatch, with no difference in prawn catch rates attributed to the BRD. Following these tests the ‘Popeye Fish Excluder’ was approved as an effective BRD and added to the list of BRDs in the Queensland Government Fisheries (East Coast Trawl) Management Plan 1999.

 

Addition of the ‘Popeye Fish Excluder’ will provide greater options for operators and provide consistency between the Northern Prawn Fishery (NPF) and TSPF, which has a significant overlap of operators.

 

The proposed BRD definitions for the ‘Popeye Fish Excluder’ in the TSPF are as per the ECOTF.

 

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) advised AFMA that a Regulation Impact Statement was not required (OBPR Exemption No. ID 9509) for the proposed addition, as the proposed amendment is only a minor modification to the current notice (FMN No. 70) and has been supported by industry and the PZJA.

 

Consultation

This Fisheries Management Notice revokes Fisheries Management Notice No. 70, dated 18 February 2004.

The ‘Popeye Fish Excluder’ BRD was discussed at the Torres Strait Prawn Management Advisory Committee (TSPMAC) on 14-15 June 2007. The TSPMAC comprises representatives from the Torres Strait Prawn Entitlement Holders’ Association (representing commercial fishers), the Community Fisheries Group (CFG’s) (representing traditional inhabitants) and Government. The MAC recommended that the PZJA add the ‘Popeye Fish Excluder’ device to the approved BRD list for the fishery.

The proposed content of this Notice was approved by PZJA at its 21st meeting on 28-29 August 2007.

 

Details of the Notice

The proposed change to FMN 70 would add an additional BRD – the “Popeye Fish Excluder” to Schedule 1 of the Notice. This will give operators the choice of seven BRDs instead of six under the current version of the notice.

Paragraph I provides that the Fisheries management notice may be cited as the “Torres Strait Fisheries Management Notice No. 82”. 

 

Paragraph 2 states that the Instrument commences on the day it is registered.

Paragraph 3 states that the instrument applies in conjunction with any other notices in the area of the fishery.

Paragraph 4 states the fisheries management notices that will be revoked on registration of the present notice.

Paragraph  5 sets out interpretations of technical words used in the instrument. This paragraph also explains that terms not defined in this section have the same meaning as in the Torres Strait Fisheries Act 1984.

Paragraph 6 sets out the prohibitions and exceptions to prohibitions under the notice.

Schedule 1 defines the approved bycatch reduction devices that may be used under the notice.

 

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for sustainable management of fisheries within the Torres Strait region, particularly focusing on the conservation of marine life and the regulation of commercial fishing activities. This legislation was introduced to provide a framework for the effective management of fisheries in the area, ensuring that fishing practices are conducted in a manner that is both ecologically sustainable and economically viable. The Act empowers the Minister for Agriculture, Fisheries and Forestry to issue legislative instruments, including the proposed Fisheries Management Notice No. 82, to prohibit certain fishing methods or equipment deemed harmful to marine ecosystems. The policy objective of this Notice is to enhance the sustainability of the Torres Strait Prawn Fishery by incorporating the "Popeye Fish Excluder" as an approved Bycatch Reduction Device, thereby reducing bycatch while maintaining prawn catch rates. The enacting body for this Notice is the Protected Zone Joint Authority (PZJA), which was established to jointly manage the fisheries with the Australian Fisheries Management Authority (AFMA) under the Torres Strait Fisheries Act 1984.

Scope and Application

The Torres Strait Fisheries Management Notice No. 82 applies to commercial fishers and other entities involved in the Torres Strait Prawn Fishery, specifically targeting the use of bycatch reduction devices (BRDs) to minimise the unintended capture of non-target marine species. The notice operates within the jurisdiction of the Commonwealth of Australia and is administered by the Protected Zone Joint Authority (PZJA), which exercises powers under the Torres Strait Fisheries Act 1984. The notice revokes the previous Fisheries Management Notice No. 70, dated 18 February 2004, and incorporates the "Popeye Fish Excluder" as an approved BRD, thus providing operators with an additional option to comply with bycatch reduction requirements. The notice's applicability extends to all commercial fishing activities within the specified fishery area and is intended to enhance the effectiveness of bycatch management in line with the fishery's environmental objectives. The notice does not introduce new substantive legal obligations beyond those already specified in the Torres Strait Fisheries Act 1984 but refines the means by which existing obligations can be met.

Key Provisions

The Torres Strait Fisheries Management Notice No. 82 primarily serves to update and expand the list of approved bycatch reduction devices (BRD) for use in the Torres Strait Prawn Fishery (TSPF). According to section 16(1)(c) of the Torres Strait Fisheries Act 1984, the Minister, through this legislative instrument, has the authority to prohibit certain methods of fishing, including the use of specific equipment or boats. This notice, specifically, adds the 'Popeye Fish Excluder' to the approved list of BRDs that can be used in the TSPF. This addition is intended to align the TSPF with the Northern Prawn Fishery, thereby providing operators with more options and ensuring consistency between the two fisheries. The obligations imposed by this Act on the parties involved, particularly the operators within the TSPF, include adhering to the specified methods and equipment for fishing. Operators must ensure that they use one of the approved BRDs when trawling for prawns, as outlined in Schedule 1 of the notice. This requirement is part of the broader aim to reduce bycatch and protect vulnerable marine species and habitats. The Protected Zone Joint Authority (PZJA), as per section 35(1) of the Act, is tasked with enforcing these regulations and ensuring compliance by the operators. Breaches of the provisions outlined in this notice can lead to civil and criminal consequences. Under the Torres Strait Fisheries Act 1984, any non-compliance with the approved methods and equipment for fishing can result in penalties. These penalties may include fines and other enforcement actions as deemed appropriate by the PZJA. The exact penalties are not specified in the notice itself but are governed by the broader legislative framework of the Act. It is essential for operators to be fully aware of and comply with these regulations to avoid any legal repercussions.

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