{"id":"F2024L00600","name":"Torres Strait Prawn Fishery (Bycatch Reduction Devices) Instrument 2024","slug":"torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442396,"registerId":"F2024L00600-fast-fetch-1775957406793","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Torres Strait Prawn Fishery (Bycatch Reduction Devices) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTorres Strait Prawn Fishery (Bycatch Reduction Devices) Instrument 2024\n\nThe Protected Zone Joint Authority make the following determination. \n\n \n\nDated 29/05/2024   \n\n \n\n \n\n \n\n \n\nSenator the Hon Murray Watt\n\nMinister for Agriculture, Fisheries and Forestry\n\nMinister for Emergency Management\n\nChair of the Protected Zone Joint Authority\n\nFor and on behalf of the Protected Zone Joint Authority\n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Prohibition on fishing\n\n6  Exemption to Prohibition on fishing\n\n7  Schedules\n\nSchedule 1— Bycatch reduction devices 3\n\nSchedule 2—Repeals 7\n\nTorres Strait Fisheries Management Notice No. 82\n\n \n\n1  Name\n\n  This instrument is the Torres Strait Prawn Fishery (Bycatch Reduction Devices) Instrument 2024.\n\n2  Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under paragraph 16(1)(c) of the Act.\n\n4  Definitions\n\n \n\nNote: A number of expressions used in this instrument are defined in section 3 of the Act and section 1.3 of the Plan including the following:\n\n(a)      prawns;\n\n(b)     bycatch reduction device or BRD;\n\n(c)      try net;\n\n(d)     turtle excluder device or TED.\n\n \n\n  In this instrument:\n\nAct means the Torres Strait Fisheries Act 1984;\n\nPlan means the Torres Strait Prawn Fishery Management Plan 2009.\n\nNet rigged for fishing means where part or all of a net is in the water, or if it is shackled, tied or otherwise connected to any trawl door or trawl board, or to any tow rope or cable, either on board the boat or attached in any manner to the boat.\n\n5  Prohibition on fishing\n\n \n\nPursuant to paragraph 16(1)(c) of the Act, engaging in taking, processing or carrying of fish by a method, or with the use of equipment or a boat, is prohibited in the area of the Torres Strait Prawn Fishery unless a Bycatch Reduction Device specified in Schedule 1 is installed in each of the concession holder’s net rigged for fishing.\n\n6  Exemption to Prohibition on fishing\n\n \n\nA try net is exempt from the prohibition in section 5 of this instrument.\n\n7  Schedules\n\n  Each instrument that is specified in Schedule 2 to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\n \n\n\n\n\n \n\nSchedule 1— Bycatch reduction devices\n\nEach of the following are bycatch reduction devices:\n\n \n\nFisheye\n\n(1)    An opening, commonly known as a fisheye, in a net is a recognised Bycatch Reduction Device if the opening complies with this section.\n\n(2)    The opening must be—\n\n(a)    held open by a rigid frame that consists of—\n\n(i)      a semicircular-shaped frame; and\n\n(ii)      an isosceles triangle-shaped frame; and\n\n(b)    no more than 66 meshes from the codend drawstrings of the net.\n\n(3)    The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.\n\n(4)    The semicircular-shaped frame must be—\n\n(a)    at least—\n\n(i)      350mm wide; and\n\n(ii)      150mm high; and\n\n(b)    divided in half by a rigid bar; and\n\n(c)    attached, by a rigid bar—\n\n(i)      from the midpoint of the semicircular-shaped part of the frame; and\n\n(ii)      to the apex of the equal sides of the isosceles triangle-shaped frame.\n\n(5)    The shortest side of the isosceles triangle-shaped frame must be—\n\n(a)    equal to the width of the semicircular-shaped frame; and\n\n(b)    attached, perpendicularly, to the widest part of the semicircular-shaped frame.\n\n(6)    During trawling, nothing must cover any part of the opening.\n\n \n\nBigeye\n\n(1)    An opening, commonly known as a bigeye, in a net is a recognised BRD if the opening complies with this section.\n\n(2)    The opening must be—\n\n(a)    in the top of the net; and\n\n(b)    at least 350mm across the width of the net; and\n\n(c)    no more than 66 meshes from the codend drawstrings of the net.\n\n(3)    The edges of the opening must not overlap by more than 200mm.\n\n(4)    During trawling—\n\n(a)    the part of the opening closest to the mouth of the net must be weighted by an approved chain or 300g of other weights; and\n\n(b)    the part of the opening closest to the codend drawstrings of the net must be buoyed by at least 2 floats, each of which is at least—\n\n(i)      90mm wide; and\n\n(ii)      50mm in diameter; and\n\n(c)    nothing must cover any part of the opening.\n\n(5)    In this section—\n\napproved chain means a chain that—\n\n(a)    weighs at least 300g; and\n\n(b)    contains at least the following number of links—\n\n(i)      for a chain with links 4mm in diameter—42;\n\n(ii)      for a chain with links 6mm in diameter—12;\n\n(iii)      for a chain with links 8mm in diameter—6;\n\n(iv)      for a chain with links 10mm in diameter—3.\n\n \n\nTom’s Fisheye\n\n \n\nTom’s Fisheye, an escape opening device installed in a net rigged for fishing to the following\n\nspecification:\n\n(a)    one device with the aft edge of the device located at 60 meshes from the codend drawstrings; and\n\n(b)    a vertical escape opening held open by a rigid frame that supports a rigid enclosed cone; and\n\n(c)    an escape opening measuring no less than 360 mm wide by 200 mm high and must face the codend; and\n\n(d)    a rigid cone measuring no less than 340 mm wide by 185 mm high by 290 mm in length fixed to the rigid frame; and\n\n(e)    with an escape gap between the rigid frame and rigid cone of 94 mm; and\n\n(f)     with an escape gap clear of any obstructions (including mesh ties).\n\n \n\nKon’s Covered Fisheyes\n\n \n\nKon’s Covered Fisheyes, two escape opening devices installed in a net rigged for fishing to the following specification:\n\n(a)    one escape opening device with the aft edge of the device located at 78 meshes from the codend drawstrings; and\n\n(b)    one escape opening device with the aft edge of the device located at 55 meshes from the codend drawstrings; and\n\n(c)    for which each escape opening device has the following characteristics prior to being installed in a net rigged for fishing:\n\n(i)      vertical escape opening held open by a rigid frame that encloses a rigid cone; and\n\n(ii)      an escape opening measuring no less than 430 mm wide by 205 mm high and must face the codend; and\n\n(iii)      a rigid cone measuring no less than 295 mm wide by 145 mm high by 275 mm in length fixed to the rigid frame; and\n\n(iv)      with an escape gap between the rigid frame and the rigid cone of 55 mm.\n\n \n\nFishEX 70\n\n \n\nFishEX 70, an escape opening device installed in a net rigged for fishing to the following\n\nspecification:\n\n(a)    one device with the aft edge of the device located at 65 meshes from the codend drawstrings; and\n\n(b)    with an escape gap clear of any obstructions (including mesh ties); and\n\n(c)    for which the escape opening device has the characteristics detailed in Figure 1 prior to being installed in a net rigged for fishing.\n\n \n\n![The content describes the information about the FishEX70 Bycatch Reduction Device dimensions, featuring six designs with specifications. At the top of the image, the word "Material: 5000 & 6000 SERIES MARINE GRADE ALUMINIUM" is displayed. Additionally, Figure 1- FishEX bycatch reduction device dimensions appear at the bottom of the image. ](image.002.png)\n\n \n\n \n\nPopeye Fishbox\n\n  \n\nThe Popeye Fishbox is an escape opening device installed in a net rigged for fishing to\n\nthe following specification:\n\n(a)    one device with the aft edge of the device located no further forward than 70 meshes, from the codend drawstrings; and\n\n(b)    a vertical escape opening held open by a rigid frame; and\n\n(c)    an escape opening measuring no less than 375 mm wide x 375 mm high; and\n\n(d)    a rigid foil positioned at the forward edge of the Bycatch Reduction Device no less than 200 mm in depth; and\n\n(e)    no pieces of netting or other material covering any escape openings, nor any opening closed by any other means, during fishing operations\n\n\n\n\n \n\nSchedule 2—Repeals\n\nTorres Strait Fisheries Management Notice No. 82\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: mandating bycatch reduction devices in the Torres Strait Prawn Fishery. It replaces a previous instrument (Notice No. 82) with updated technical specifications but does not expand beyond the core regulatory function of equipment standards for bycatch mitigation."},"complexity_factors":["Technical specifications with precise measurements (millimetres, mesh counts) for six different device designs","Incorporation by reference to external figures/diagrams (Figure 1 for FishEX 70) without the image being fully textually described","Cross-references to the Torres Strait Fisheries Act 1984 and the Torres Strait Prawn Fishery Management Plan 2009 for definitions","Conditional geometric requirements (isosceles triangles, semicircles, perpendicular attachments) requiring visual interpretation","Nested specifications within each device type (e.g., chain link diameter determining required number of links)","Defined term 'net rigged for fishing' with multiple alternative conditions (in water, shackled, tied, connected to trawl doors/boards/tow ropes)"],"plain_english_summary":"This law requires commercial Torres Strait prawn fishers to install an approved bycatch reduction device (BRD) in every trawl net, specifying six approved designs with precise technical requirements and making trawling without one illegal (try nets are exempt). It replaces the prior notice.\n\nIt affects concession-holding prawn fishers and the Protected Zone Joint Authority and aims to reduce accidental capture and mortality of turtles, sharks and other non-target species."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals Torres Strait Fisheries Management Notice No. 82 (Schedule 2) and replaces it with updated, prescriptive BRD requirements (Schedule 1), so the regulated technical standards and compliance obligations for nets have changed even though the regulated fishery and affected persons (concession holders) remain the same (Schedule 2; s5)."},"complexity_factors":["Detailed technical specifications in Schedule 1 (device types, exact dimensions, mesh counts and distances from codend drawstrings) create technical compliance requirements and measurement precision challenges (Schedule 1).","Cross‑references to the Torres Strait Fisheries Act 1984 and the Prawn Fishery Management Plan for key definitions mean applicability depends on external definitions (s4; Act; Plan).","Mandatory installation obligation targets concession holders and shifts equipment, installation and maintenance costs to them (prohibition and requirement: s5; Schedule 1).","Targeted exemption for try nets narrows operational scope but requires clear vessel-level identification and enforcement (s6).","Repeal of the earlier instrument (Torres Strait Fisheries Management Notice No. 82) replaces the prior regulatory baseline and may change compliance expectations (Schedule 2).","Enforcement relies on observable conditions during trawling (e.g. ‘nothing must cover any part of the opening’), creating interpretive discretion for inspectors (Schedule 1: Fisheye cl(6); Bigeye cl(4)(c); others).","Reliance on a figure/diagram for FishEX 70 and on named branded devices (Tom’s Fisheye, Kon’s Covered Fisheyes, FishEX 70, Popeye Fishbox) adds potential ambiguity between textual and graphic specifications (Schedule 1; Figure 1).","Legal authority and commencement framing are straightforward but vest regulatory effect in the Protected Zone Joint Authority under paragraph 16(1)(c) of the Act, concentrating decision‑making power for this instrument (s3; s2)."],"plain_english_summary":"This instrument makes specific bycatch‑reduction devices (BRDs) mandatory in the Torres Strait Prawn Fishery: concession holders must have a Schedule 1 BRD installed in each net rigged for fishing (s5; Schedule 1). Try nets are exempt (s6). It commences the day after registration (s2).\n\nMechanically, it lists approved device types and precise dimensions, mesh‑location limits and installation rules (Schedule 1), allocating equipment and compliance costs to fishers while creating an enforceable obligation for the Protected Zone Joint Authority (s3)."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024","history":"/api/acts/torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024/history","analysis":"/api/acts/torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024/analysis","conflicts":"/api/acts/torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024/conflicts","importantCases":"/api/acts/torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024/important-cases","documents":"/api/acts/torres-strait-prawn-fishery-bycatch-reduction-devices-instrument-2024/documents"}}