EXPLANATORY STATEMENT
Issued by the authority of the Torres Strait Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Torres Strait Prawn Fishery Management Plan 2009
Torres Strait Prawn Fishery Total Allowable Effort Determination 2015
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2015 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 15A of the Torres Strait Fisheries Act 1984 (the Act) provides that a plan of management made under the Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.
Paragraph 15A(4) of the Act provides that the Minister may in a plan of management for a fishery, determine the manner in which the fishing capacity of the fishery is to be measured; and provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.
Section 2.5(1) of the Torres Strait Prawn Fishery Management Plan 2009 (the Plan) provides that at least every three years the Protected Zone Joint Authority (PZJA) may determine a Total Allowable Effort (TAE) for the fishery based on reference points determined under section 2.4 of the Plan. Section 2.5(2) further provides that before making the TAE determination the PZJA must consult with the Torres Strait Prawn Management Advisory Committee and consider their views, and may consult with and consider the views of other interested persons. Section 2.5(4) provides that the TAE determination must be described in terms of fishing days.
The Determination determines the total allowable effort for the Torres Strait Prawn Fishery for the 2015 fishing season at 9,200 fishing days.
Consultation
The TSPMAC was consulted on the determination of the proposed 2015 TAE limit at its meeting in June 2014. The TSPMAC is the principal advisory body for the PZJA on TSPF management issues and includes members representing industry, Traditional Inhabitants, Government and scientific interests. Relevant Native Title holders were also consulted under the requirements of the Native Title Act 1993 during October and November 2014.
The recommended TAE limit is considered to be the current environmental and economically sustainable fishing limit for the fishery.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the carve out arrangement of 30 June 2014 which specifically includes that AFMA does not need to contact the OBPR for the following regulatory changes:
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Setting Total Allowable Catch (TAC), or Total Allowable Effort (TAE) for a fishery.
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Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The PZJA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The PZJA’s Statement of Compatibility is attached .
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as the Torres Strait Prawn Fishery Total Allowable Effort Determination 2015. |
Clause 2 | Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the Determination ceases as if it was revoked on 1 December 2015 unless earlier revoked. |
Clause 4 | Provides that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. |
Clause 5 | Determines the total allowable effort for the Torres Strait Prawn Fishery for the 2015 fishing season at 9,200 days. |
Overview
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2015 was enacted to establish the allowable fishing effort for the Torres Strait Prawn Fishery for the specified 2015 fishing season. This legislative instrument was developed under the authority of the Torres Strait Protected Zone Joint Authority, in accordance with the Torres Strait Fisheries Act 1984. The primary objective of this determination is to ensure the sustainable management of the fishery by setting the Total Allowable Effort (TAE) limit, thereby balancing environmental sustainability with economic viability. This was achieved through consultation with the Torres Strait Prawn Management Advisory Committee and relevant Native Title holders, ensuring that the determination reflects both industry perspectives and Indigenous interests. The Determination sets the allowable fishing effort for the 2015 season at 9,200 fishing days, aligning with the fishery's current environmental and economic sustainability limits.
Scope and Application
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2015 applies to the Torres Strait Prawn Fishery within the jurisdictional reach of the Torres Strait Protected Zone Joint Authority, which is a body established under the Torres Strait Fisheries Act 1984. This legislative instrument is specifically aimed at managing the fishing capacity of the Torres Strait Prawn Fishery by setting the Total Allowable Effort (TAE) for the fishery, measured in terms of fishing days. The determination is made in accordance with the Torres Strait Prawn Fishery Management Plan 2009 and applies to all persons and entities engaged in prawn fishing activities within the specified area. The Determination sets the TAE for the 2015 fishing season at 9,200 days and ceases to have effect on 1 December 2015 unless earlier revoked. The application of the Determination can be extended or restricted through subordinate instruments, as provided under the relevant legislation.
Key Provisions
The Torres Strait Prawn Fishery Total Allowable Effort Determination 2015 sets forth the total allowable effort (TAE) for the Torres Strait Prawn Fishery (TSPF) for the 2015 fishing season. Specifically, clause 5 of the Determination (clause 5) establishes the TAE at 9,200 fishing days. This determination is made in accordance with section 2.5(1) of the Torres Strait Prawn Fishery Management Plan 2009 (the Plan), which mandates that the Protected Zone Joint Authority (PZJA) must determine a TAE at least every three years based on reference points outlined in section 2.4 of the Plan. Before making this determination, the PZJA must consult with the Torres Strait Prawn Management Advisory Committee (TSPMAC) and consider their views, as required by section 2.5(2) of the Plan.
The Determination imposes obligations on the PZJA to consult with relevant stakeholders, including the TSPMAC and other interested parties, as specified in section 2.5(2) of the Plan. Additionally, the Determination must be described in terms of fishing days, as outlined in section 2.5(4) of the Plan. The PZJA is also required to ensure that the TAE determination aligns with environmental and economic sustainability objectives for the fishery.
The Determination does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, compliance with the Determination is crucial for maintaining the sustainability and effective management of the TSPF. Failure to adhere to the TAE limit or to comply with the consultation requirements may result in legal or regulatory consequences under the Torres Strait Fisheries Act 1984 (the Act) or other relevant legislation. Although the Determination itself does not prescribe penalties, breaches of related provisions in the Act or the Plan could lead to enforcement actions, fines, or other penalties as determined by the relevant authorities.