Remaking of Torres Strait fisheries management instruments

Four new fisheries management instruments have been made for Torres Strait fisheries. They replace preexisting instruments and include several changes to the content of each instrument.

Under Section 16 of the Torres Strait Fisheries Act 1984 (the Act), the Protected Zone Joint Authority (PZJA) may make legislative instruments to regulate fishing. These instruments are one tool used to manage Torres Strait Fisheries (other tools include licence conditions, management plans and policies).

Section 16 instruments impose a general prohibition on the take, processing and carrying of specified species, and then provide a series of exemptions to the prohibitions relating to licence types, minimum size limits, season dates, the use of certain gear and methods.

The previous instruments which have been repealed, and the names of the new instruments which have replaced them, are listed in the table below.

Management changes

The following changes have been incorporated into all 4 new instruments:

• The instruments no longer prescribe a cessation date (referred to as an application date). Legislative instruments made by the PZJA, which exercise a power under subsection 35(1) of the Act, are exempt from sunsetting/expiring, so a cessation date is not required in these instruments. These instruments can, however, still be revoked or remade at any time by the PZJA if required. Not having a cessation date reduces the administrative burden associated with regular remaking of instruments, before remaking is administratively required.
• Updated legislative drafting style as per current Office of Parliamentary Counsel standards.

The following changes have been incorporated into the crab, trochus and Spanish mackerel instruments:

• Broadening an exemption to the prohibitions to include a licence type that authorises fishing without a boat. Although the Australian Fisheries Management Authority (AFMA) does not issue this licence type currently, this change provides the legal mechanism for the future. This approach is consistent with a decision of the PZJA that has already been applied in other Tropical Rock Lobster (TRL), Beche-de-mer, and Finfish management instruments and the TRL Management Plan.
• Clarifying regulation and references (including exemptions) relating to traditional fishing.

In addition to the broad changes above, other changes have been made to specific instruments as follows:

Spanish Mackerel

• The removal of ‘drop lining’ as a permitted method to reflect industry practice and ensure consistency with the Torres Strait Reef Line Fishery, noting that boats are permitted to fish in both fisheries at the same time.
• The addition of new definitions for other fishing methods to avoid ambiguity and ensure consistency with the Torres Strait Reef Line Fishery where applicable.
• To increase the minimum size limit for grey mackerel to be consistent with the latest scientific information and adjacent jurisdictions.

Crab

The main change to management arrangements for the Torres Strait Crab Fishery is the removal of ‘inverted dillys’ as a permitted gear to ensure consistency with Queensland, where inverted dillys have been prohibited for over a decade.

Prawn

Amalgamation of the five prawn instruments was carried out to improve the efficiency and effectiveness of fisheries regulation of the Torres Strait Prawn Fishery (TSPF) by removing unnecessary duplication between instruments. 

Four other specific changes were also made when amalgamating the instruments:

• Removing any exemptions to reporting position information via a Vessel Monitoring System (VMS).
• Redrafting the fishing day decrementation provisions. These provisions explain how AFMA, on behalf of the PZJA, counts and deducts fishing days from TSPF licence holders as they use them. The provisions will initially remain in the 2025 TSPF Instrument. Amendments to move them into the TSPF Management Plan 2009 will then be proposed during 2026. If the Plan amendments are approved, the 2025 TSPF Instrument will be updated again to remove the day decrementation provision once the Plan amendments come into effect.
• Permitting the carriage of prawns in Exclusion Zones (currently prohibited), which in turn negates the need for designated transit zones. The prohibition was originally in place to prevent boats from fishing in Exclusion Zones. With the use of VMS, AFMA can identify whether a boat is fishing at any time and take necessary action if fishing occurs in an Exclusion Zone. This negates the need for this rule and provides more flexibility for industry as they move through the fishing grounds.
• Streamlining and simplifying the requirements for the stowage of gear in all areas of the fishery. Rules around stowage of gear previously had slight variations between instruments, despite their intentions being the same. The new instrument has simple and clear wording.

Find the new instruments and their explanatory statements using the links in the table above.

For more information, call AFMA’s Thursday Island Office on 07 4069 1990 or email fisheriesti@afma.gov.au.