Torres Strait Fisheries Management Instrument No. 12

The Instrument operationalises a small set of technical and legal concepts centred on fishing gear standards and the regulatory coverage of the Torres Strait Prawn Fishery.

Authority and legal basis. The preamble records that the Protected Zone Joint Authority is exercising jurisdiction under Commonwealth law over commercial fishing in the Protected Zone pursuant to an intergovernmental arrangement published in the Commonwealth Gazette on 19 March 1999, and that the Authority is acting under the powers conferred by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984 and section 16 of that Act. The Instrument is therefore a fisheries management instrument made under the Act and consistent with the Authority’s delegated powers.

Scope and geographic trigger. The regulatory trigger is activity “in the area of the Torres Strait Prawn Fishery.” The Instrument does not embed coordinates or a map; instead it assumes the statutory definitions and geographic delineations in the Act and Regulations (s 5.2). The prohibitions apply to use or possession of otter trawl equipment in that area (s 6.1).

Target species definition. The Instrument explicitly defines “prawns” as three species: Metapenaeus endeavouri (blue endeavour prawn), Penaeus esculentus (brown tiger prawn) and Melicertus longistylus (red spot king prawn) (s 5.3). That provides clarity as to which fishery the gear rule is targeted at, but the Instrument does not on its face set catch limits, licences, seasons or spatial closures.

Technical gear standard. The core substantive concept is the Turtle Excluder Device or TED. The Instrument treats a TED as both a device and a set of net modifications that must meet detailed structural and dimensional specifications (s 5.3). These include:

• an inclined, rigid or semi-rigid barrier structure comprised of bars extending from foot to head of the net, attached to the net circumference, minimum dimensions 80 cm by 80 cm, set at an angle between 30 and 55 degrees relative to the horizontal across the net (s 5.3(a));

• an escape hole configured as either double-flap rectangular, double-flap triangular, single-flap rectangular, or single-flap triangular, each with explicit minimum opening sizes, flap sizes, panel widths and overlap limits, and maximum posterior extension of flaps relative to the posterior edge of the TED frame (s 5.3(b)(i)-(ii));

• maximum bar spacing of 120 mm between bars (s 5.3(c));

• prohibition on weights, chains or other devices attached to the escape flap that may prevent it opening (s 5.3(d));

• where the escape hole is in the bottom of the net, specified float requirements attached to the grid depending on the grid circumference and float material/size, and definitions determining what “attached” means in that context (s 5.3(e)-(f) and associated definitions).

Definitions of float sizes and the term “attached” are specified in the Instrument so the installation requirements can be measured (s 5.3(e)-(f) definitions).

Prohibition and exception. The Instrument converts the technical standard into an operational obligation: possession or use of otter trawl equipment in the fishery area is prohibited unless each net used is fitted with a TED that meets the Instrument’s definition and requirements (s 6.1). There is a single explicit exception: try-nets do not need to have a TED (s 6.2).

Temporal operation. The Instrument is time-limited: it does not take effect until registration on the Federal Register of Legislative Instruments (s 2) and ceases on 31 December 2026 unless earlier revoked (s 3). It also expressly repeals the prior Instrument No. 81 on commencement (s 4).

Interaction with the Act and Regulations. Where the Instrument does not define terms, it incorporates the Act and Regulations meanings (s 5.2). That linkage is the mechanism by which terms such as “otter trawl equipment”, “try-net”, and the fishery areas obtain detailed legal content outside this Instrument.

In short, the main concepts are delegation of fisheries regulatory power to the Authority; a precise, prescriptive technical standard for TEDs and their components; a location-tied prohibition on un-TEDded otter trawl equipment; a narrow try-net exemption; and a temporal window for these rules.

Primary regulated parties. The immediate and primary affected parties are persons and businesses that use or possess otter trawl equipment in the area of the Torres Strait Prawn Fishery. That includes skippers, crew, vessel operators, boat owners, gear owners and possibly shore-based keepers of trawl gear located in the fishery area. The Instrument’s prohibition applies to both use and possession of otter trawl equipment “in the area of the Torres Strait Prawn Fishery” (s 6.1), so physical presence of nets or gear in that geographic area triggers the obligation.

Suppliers and manufacturers. Manufacturers and suppliers of nets and TED components are affected because the Instrument specifies minimum dimensions, bar spacing, float types and other installation features (s 5.3). Those technical rules determine the specifications that any compliant TED product must meet if it is to be sold into the Torres Strait Prawn Fishery market.

Maintenance, repair and modification service providers. Businesses engaged in modifying nets, retrofitting TED frames, sewing flaps or attaching floats bear operational obligations because the Instrument governs the acceptable design and installation. The Instrument’s precise dimensional and material criteria will shape service standards.

Fisheries managers and inspectors. The Protected Zone Joint Authority and any enforcement officers or inspectors acting under the Torres Strait Fisheries Act 1984 and Regulations will be implementing, monitoring and enforcing compliance with this Instrument. The Instrument itself does not set enforcement procedures or penalties, but it supplies the substantive standard to be checked in the field (see s 6.1 and s 5.3).

Indirectly affected parties. Processors and buyers of prawns in the Torres Strait supply chain may be affected indirectly. If non-compliant vessels are restricted from fishing, supply volumes and product flows could change. However the Instrument itself does not prescribe processing or market rules.

Communities and stakeholders. Indigenous and Torres Strait Islander communities and fishery-dependent communities could be affected where they participate in commercial prawn fishing or provide services to vessels. The Instrument does not address customary or traditional fishing explicitly; its stated geographic and species scope is commercial fishing in the Protected Zone pursuant to the intergovernmental arrangement cited in the preamble.

Who pays. Direct compliance costs fall on gear owners and vessel operators required to fit and maintain TEDs that meet the Instrument’s technical specifications. Suppliers carrying inventory that does not meet the precise measurements will face conversion or stocking costs. There is no provision in the Instrument for any government subsidy, compensation or transitional assistance; the Instrument is silent on cost-sharing.

Who decides. The Protected Zone Joint Authority made the Instrument under its statutory powers; commencement is linked to administrative registration (s 2). Where this Instrument is silent on interpretation or enforcement, the Act and Regulations supply meanings and mechanisms (s 5.2).

Temporal boundary. Because the Instrument expires on 31 December 2026, persons affected need to consider the finite regulatory window and plan procurement and compliance on that basis (s 3).

In summary, the Instrument primarily affects users and possessors of otter trawl equipment operating in the Torres Strait Prawn Fishery, plus suppliers and service providers shaping the availability and fitment of TEDs that must meet the Instrument’s exacting technical standards.

Statutory duty to fit TEDs. The central duty created by the Instrument is that otter trawl nets used in the Torres Strait Prawn Fishery must each be fitted with a Turtle Excluder Device that meets the Instrument’s technical definition and requirements. This obligation is set out as a prohibition on the use or possession of otter trawl equipment unless each net that is used is fitted with a TED (s 6.1). The duty is therefore expressed negatively (a prohibition) but operates as a positive compliance obligation on operators to ensure their nets are fitted and conform to the prescribed specifications.

Technical compliance duties. The Instrument translates the TED requirement into specific technical duties in the definition of a Turtle Excluder Device (s 5.3). Relevant duties include:

• installing a rigid or semi-rigid inclined barrier structure comprised of bars that extends from the foot to the head of the net, attached to the net circumference, with minimum dimensions of 80 cm by 80 cm and set within an angle range of 30 to 55 degrees relative to the horizontal plane of water through the net (s 5.3(a));

• ensuring the escape hole conforms to one of the enumerated configurations and dimensional minimums (s 5.3(b)(i)-(ii)). The Instrument gives alternative acceptable forms including double-flap rectangular, double-flap triangular, single-flap rectangular and single-flap triangular openings, each with detailed measurements for opening size, flap panels, overlap limits, panel widths and maximum posterior extension behind the TED frame;

• using bar spacing of no greater than 120 mm between bars (s 5.3(c));

• not attaching weights, chains or other devices to the escape flap that may prevent the flap opening (s 5.3(d));

• where the escape hole is in the bottom of the net, attaching floats to the grid in the numbers and sizes specified and securing them as described (s 5.3(e)-(f));

• complying with the Instrument’s precise float-size and attachment definitions (s 5.3 definitions).

Obligation scope and location. The duty attaches where otter trawl equipment is used or possessed “in the area of the Torres Strait Prawn Fishery” (s 6.1). That phrasing creates both an activity and a location element to the duty. The Instrument does not define the fishery area in its text; it refers to the Act and Regulations for undefined terms (s 5.2).

Try-net exception. The Instrument gives a clear, limited right to use a try-net without a TED: if a try-net is used, it does not need to be fitted with a TED (s 6.2). The Instrument does not provide further conditions for the exception, nor does it define “try-net” within its text; therefore the meaning of try-net will be that used in the Torres Strait Fisheries Act or Regulations (s 5.2).

Temporal duties. Because the Instrument commences upon registration and expires on 31 December 2026 (ss 2-3), the duties are time-bound. The repeal of Instrument No. 81 on commencement (s 4) shifts compliance obligations to the new specification upon the Instrument coming into force.

Rights of interpretation and further detail. The Instrument delegates definitional gaps to the Act and the Torres Strait Fisheries Regulations by express cross-reference (s 5.2). This means regulated parties retain the right to consult the Act and the Regulations to establish definitions or thresholds not repeated in the Instrument, such as the geographic delineation of the fishery, the meaning of “otter trawl equipment”, or the definition of “try-net”.

Absence of procedural rights and penalties within the Instrument. The Instrument does not itself provide procedural enforcement rights, administrative review routes, or penalty levels. Duties and rights relevant to enforcement and remedies are therefore those set out in the parent Act and Regulations, as the Instrument’s substantive standard plugs into that existing statutory framework (see preamble and s 5.2).

Practical compliance duties. From a practical perspective, duty-holders must procure, install, maintain and periodically inspect TEDs to ensure that each net used in the fishery meets the precise structural and dimensional criteria set out in s 5.3. The Instrument’s specificity on measurements, bar spacing, float types and attachment locations translates into a high-resolution checklist for compliance.

In summary, the Instrument creates a binding, time-limited duty to ensure each otter trawl net used in the Torres Strait Prawn Fishery is fitted with a TED meeting exact technical criteria, with a narrow exemption for try-nets and definitional reliance on the Act and Regulations for terms the Instrument leaves undefined.

This Instrument does not itself specify penalties, enforcement mechanisms, inspection regimes, or administrative procedures. The textual content supplies substantive obligations and technical standards but is silent on the sanctions or procedural steps to be applied where the prohibitions are breached.

Statutory enforcement relies on the parent framework. The preamble and s 5.2 anchor the Instrument to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. Because the Act and Regulations are the legislative source of the Authority’s powers and the broader regulatory architecture, any penalties, powers of seizure, forfeiture, infringement notice regimes, or court processes applicable to breaches of the Instrument will be those provided in the Act and Regulations rather than in the Instrument itself. The preamble explicitly records the Authority is acting under paragraph 35(1)(a) and section 16 of the Act, and s 5.2 states that terms not defined in the Instrument have the same meaning as in the Act and Regulations. Therefore enforcement and penalty mechanisms must be sought in those instruments.

Practical implications of the Instrument’s silence. For compliance practitioners, the absence of penalty detail in the Instrument has several implications:

• it is necessary to consult the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 to establish the specific offences, penalty levels, evidentiary standards and enforcement powers that attach to a failure to fit a TED (s 5.2);

• operational enforcement will likely be exercised by fisheries officers or authorised persons under the Act or Regulations who will use inspection powers and evidentiary tools supplied by that framework to test conformity with the Instrument’s technical requirements;

• procedural rights such as review avenues, notices, or administrative sanctions will follow the Act’s machinery rather than any procedural language in the Instrument.

Interaction with possession prohibition. Because s 6.1 prohibits both use and possession of otter trawl equipment in the fishery area unless each net used is fitted with a compliant TED, enforcement may extend beyond at-sea inspections of active fishing to inspection of gear present on a vessel in the fishery area. The Instrument does not clarify scope limits such as whether gear stowed ashore within the fishery area is captured; those scope questions will be resolved by reference to the Act/Regulations definitions and to enforcement practice.

Burden of proof and evidence. The Instrument sets objective technical measurements for TEDs (s 5.3). That specificity reduces some measurement uncertainty for enforcement: inspectors have concrete dimensional tolerances (for example, maximum bar spacing of 120 mm; specified minimum opening sizes) against which to test compliance. However, the Instrument does not prescribe methods of measurement, certification standards, or evidence chains. Those matters matter to enforcement practice and will be determined under the Act or by administrative practice.

Sunset and enforcement horizon. The Instrument ceases on 31 December 2026 (s 3). Enforcement officers and regulated parties therefore operate within a limited regulatory horizon. Any enforcement action must relate to alleged non-compliance during the Instrument’s operative period and in accordance with the Act and Regulations.

In summary, the Instrument creates a substantive gear standard and prohibition but leaves penalties, enforcement powers and procedural mechanisms to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. Practitioners must consult those instruments to identify offences, fines, seizure powers, and review rights that will apply to breaches of the Instrument.

Direct statutory link to the Torres Strait Fisheries Act and Regulations. The Instrument is made under section 16 of the Torres Strait Fisheries Act 1984, and the preamble notes the Authority is acting in accordance with paragraph 35(1)(a) of the Act. Section 5.2 of the Instrument expressly provides that terms used but not defined in the Instrument have the same meaning as in the Act and the Torres Strait Fisheries Regulations 1985. Consequently, the Instrument is tightly integrated with the Act and Regulations: the latter supply geographic definitions, terms such as “otter trawl equipment” and “try-net”, and the enforcement and penalty regimes referenced above. The Instrument is therefore a sector-specific technical standard that must be read alongside the Act and Regulations.

Interaction with earlier instruments. The Instrument expressly repeals Torres Strait Fisheries Management Instrument No. 81 on commencement (s 4). That wholesale revocation means that any rules in Instrument No. 81 that are not preserved elsewhere will no longer apply after commencement. Regulated parties must therefore treat this Instrument as the governing gear standard from its commencement date.

Relation to the intergovernmental Protected Zone arrangement. The preamble records that the Authority is exercising jurisdiction pursuant to the arrangement between the Commonwealth and the State of Queensland published in the Commonwealth Gazette No. S125 on 19 March 1999. That arrangement supplies the Commonwealth-State governance architecture for commercial fishing in the Protected Zone. The Instrument operates within that intergovernmental context; operational matters such as fisheries boundaries, licensing interfaces, and cross-jurisdictional enforcement may be influenced by the arrangement, though the Instrument does not reproduce or detail the arrangement.

Administrative law overlay. As a legislative instrument commencing on registration on the Federal Register of Legislative Instruments (s 2), the Instrument is subject to standard administrative law constraints and any review or disallowance procedures applicable to legislative instruments. The Instrument’s sunset (s 3) is itself an administrative control on its temporal scope. The Instrument does not specify administrative review processes for its technical determinations; those processes, where available, will derive from the Act, the Regulations, or general administrative law.

Supply-chain and manufacturing law. The Instrument’s technical requirements will intersect with product standards, supply contracts and warranties in the private law sphere. Manufacturers and suppliers of TEDs and net components will need to ensure their products meet the dimension and material definitions in s 5.3 to be marketable for the fishery. The Instrument does not specify certification, private labelling or conformity-assessment regimes; those interactions will be governed by commercial contract law and any voluntary or statutory standards adopted by industry.

Customary fishing and non-commercial regimes. The Instrument frames itself as regulating commercial fishing in the Protected Zone pursuant to the intergovernmental arrangement and refers to the Torres Strait Prawn Fishery area. It does not expressly address customary or non-commercial fishing, nor does it override other legal regimes unless inconsistent with the Act and the intergovernmental arrangement. Where customary fishing or Indigenous rights intersect with commercial operations, the Act and the intergovernmental arrangement will supply the applicable rules.

Temporal overlaps. Because the Instrument repeals an earlier instrument and has a specified cessation date (s 3-4), there will be temporal interaction points where compliance expectations change: before commencement (when Instrument No. 81 applied), during the operative period of Instrument No. 12, and after its sunset if no replacement instrument is made. Stakeholders must manage these transition points.

In short, the Instrument is a targeted, technical regulatory instrument that sits within the Torres Strait statutory and intergovernmental framework. Its substantive content must be read together with the Torres Strait Fisheries Act 1984, the Torres Strait Fisheries Regulations 1985, the intergovernmental arrangement cited in the preamble, and the prior Instrument which it repeals.

Textual provenance. The Instrument is dated 22 February 2017 and is identified as Torres Strait Fisheries Management Instrument No. 12 in its citation clause (s 1). The preamble indicates that the Protected Zone Joint Authority is exercising its powers under paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984 and section 16 of the Act when making this Instrument.

Repeal of Instrument No. 81. The Instrument states that it repeals Torres Strait Fisheries Management Instrument No. 81 from the date of commencement (s 4). That is the only express revocation or supersession recorded in the Instrument. The practical effect is that, on commencement, Instrument No. 81 ceases to apply and Instrument No. 12 takes its place.

Commencement and registration. The Instrument does not take effect immediately upon signature; it commences on the day after it is registered on the Federal Register of Legislative Instruments (s 2). This sequencing is a standard administrative feature: it ties operational effect to formal registration.

Sunset clause. The Instrument is time-limited. It is expressed to be repealed on 31 December 2026 unless earlier revoked (s 3). That is the only future-dated change recorded in the text; there is no schedule of staged amendments or phased compliance dates.

No recorded amendments within the Instrument. The text does not include any subsequent amending provisions, transitional provisions other than the revocation of Instrument No. 81, or staged implementation pathways. There are no side notes indicating later corrections or insertions in the text provided.

Implications for legal research. To establish the historical regulatory regime applicable to the Torres Strait Prawn Fishery, one must examine Instrument No. 81 (now repealed on commencement of Instrument No. 12) and the parent Act and Regulations. The Instrument itself records its own date and the revocation but does not provide a history of prior versions beyond the revocation clause.

No later amendments recorded in this text. The Instrument does not, in the provided text, record any amendments or modifications subsequent to 22 February 2017. Any later amendments or revocations would have to be identified by consulting the Federal Register of Legislative Instruments and the legislative database for instruments and amendments made after the Instrument’s registration.

In summary, the Instrument as provided (dated 22 February 2017) replaces Instrument No. 81 on commencement, commences on registration, and is scheduled to cease on 31 December 2026 unless earlier revoked. The Instrument contains no internal amendment history beyond the stated repeal of Instrument No. 81.

The Instrument's text contains no reference to any court decisions, prosecutions, judicial reviews or determinations that interpret it. It does not name any cases. There are no recorded challenges, declaratory judgments or administrative law appeals referenced in the Instrument text provided.

Implication for practitioners. Because the Instrument itself contains no litigation history, reliance on judicial interpretations of its provisions is not possible from this text alone. Practitioners seeking authoritative judicial interpretation of the Instrument’s technical terms or enforcement application will need to search court databases and administrative law records for any proceedings arising from enforcement actions under the Torres Strait Fisheries Act 1984 that involve compliance with Instrument No. 12 or its predecessor Instrument No. 81.

Where to look next. Given that the Instrument delegates definitions and enforcement to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 (s 5.2 and the preamble), any litigation addressing enforcement mechanisms, penalties or interpretative issues might be framed under the Act or Regulations and may implicate the Instrument’s technical content. Thus, relevant litigation research should include cases that discuss the Act, the Regulations, the Protected Zone Joint Authority’s exercise of powers under paragraph 35(1)(a), and any prosecutions or challenges involving otter trawl equipment or TEDs in the Torres Strait Prawn Fishery.

No named administrative determinations. The Instrument does not record any administrative determinations, infringement notices, or formal compliance guidance that would be a source of administrative law precedent within the document itself.

In short, the Instrument contains no litigation history; practitioners must consult external judicial and administrative records to determine if any litigation has engaged the Instrument’s provisions.

1. Precision of technical specifications. The Instrument contains detailed and potentially unforgiving dimensional requirements for TEDs, including multiple alternative escape-hole configurations each with specific minima for opening size, flap dimensions, overlap, and posterior extension, plus a maximum bar spacing of 120 mm (s 5.3(a)-(c)). Small deviations from the stated measurements may render a TED non‑compliant. Practitioners should not assume that “close enough” meets the standard.

2. Each net that is used must be fitted. The prohibition covers “use or possession of otter trawl equipment in the area of the Torres Strait Prawn Fishery” unless “each net that is used is fitted with a TED” (s 6.1). The wording creates two practical traps:

   • the duty is tied to each net that is used, so a vessel using multiple nets must ensure each active net has a compliant TED; and

   • the inclusion of “possession” means that mere possession of otter trawl equipment within the fishery area may be captured by the prohibition. The Instrument does not define the geographic or temporal contours of “possession” in this text; that term will need to be read against the Act/Regulations for limits or defences (s 5.2).

3. Try-net exemption is narrow and undefined in the Instrument. The Instrument states that if a try-net is used it does not need a TED (s 6.2) but does not define “try-net.” Users must consult the Act/Regulations to confirm what qualifies as a try-net, whether the exemption is limited to particular activities or durations, and whether any operational limits apply. Misclassifying a net as a try-net in enforcement contexts may be risky.

4. Attachments and floats requirements are conditional and prescriptive. If the escape hole is in the bottom of the net, specific floats must be attached to the grid in numbers and sizes keyed to the grid circumference (s 5.3(e)). The Instrument also defines what “attached” means, requiring attachment to the top half of the grid inside the net and behind the grid or outside but not secured to a flap (s 5.3(f) definitions). Installation errors, using different float materials, or miscounting floats may produce non-compliance.

5. Prohibition on weights and chains. The Instrument expressly forbids attaching weights, chains or other devices on the escape flap which may prevent it from opening (s 5.3(d)). Devices intended to hold a flap closed, slow its opening, or assist in handling may be unlawful if they impede the flap’s function.

6. No measurement methods specified. The Instrument provides numerical tolerances but does not specify measurement methodology, calibration procedure, or certification standards. Enforcement relies on physical measurement by inspectors under the Act and Regulations, but how and when those measurements are taken is not set out here. Disputes can arise over measurement technique.

7. Repeal of previous instrument on commencement. The Instrument repeals Instrument No. 81 from commencement (s 4). If a vessel or supplier relies on older documentation, they must ensure they are complying with Instrument No. 12 when it takes effect. Transitional documentation or compliance certificates under Instrument No. 81 may not be sufficient.

8. Time-limited instrument. The Instrument ceases on 31 December 2026 (s 3). Operators making capital investments in TED frames or retrofits should account for regulatory uncertainty and the possibility of replacement instruments or changed standards.

9. Reliance on external definitions. Several key terms required to interpret the Instrument , otter trawl equipment, the area of the Torres Strait Prawn Fishery, and try-net , are not defined in the Instrument and are expressly deferred to the Act and Regulations (s 5.2). That cross-reference creates potential interpretative complexity, and compliance advice must incorporate the parent legislation and the Regulations.

10. No enforcement or penalty guidance. The Instrument does not set out penalties or enforcement processes. Those are found in the Act and Regulations. Practitioners should not assume the Instrument’s silence equals leniency or lack of enforcement; a breach may attract statutory sanctions under the Act.

11. Practical supply and retrofit issues. The Instrument’s detailed specifications may not match commercially available TED products historically used in the fishery. Procuring compliant TEDs that meet all dimensional and float requirements may require retrofitting or bespoke supply arrangements. There is no transitional assistance in the Instrument.

12. Overlap with other obligations. The Instrument regulates gear configuration but does not address licences, quotas, or other fisheries conditions. Compliance requires dealing with multiple regulatory instruments simultaneously.

In short, the combination of prescriptive, technical requirements; the inclusion of “possession” in the prohibition; reliance on external definitions; and the Instrument’s temporal limits are the principal practical pitfalls that regulated parties need to manage.

1. Confirm regulatory horizon and operative dates. Check the Instrument’s registration on the Federal Register of Legislative Instruments to confirm its commencement date (s 2). Note the sunset date of 31 December 2026 (s 3) and plan procurement, retrofits and compliance auditing within that timeframe.

2. Identify whether the vessel and gear are within the Instrument’s geographic scope. Determine whether your operations fall “in the area of the Torres Strait Prawn Fishery.” The Instrument defers undefined terms to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 (s 5.2). Consult those instruments or authoritative maps and licence conditions to confirm whether your vessel is operating in the fishery area.

3. Audit nets and gear. Practically, compliance starts with a comprehensive inventory of all otter trawl nets on a vessel, including spares that may be stored on board or otherwise possessed within the fishery area. For each net that is used, verify the presence of a TED that conforms to the Instrument’s technical requirements (s 6.1 and s 5.3).

4. Apply the Instrument’s technical checklist. For each TED, confirm the following elements per the definitions and requirements in s 5.3:

   • Barrier grid: there must be a rigid or semi-rigid inclined barrier comprised of bars from the foot to the head of the net, attached to the circumference of the net. The barrier must be at least 80 cm by 80 cm, and set at an angle of between 30 and 55 degrees relative to the horizontal plane of water through the net (s 5.3(a)).

   • Bar spacing: measure bar spacing and ensure it does not exceed 120 mm (s 5.3(c)).

   • Escape hole configuration: confirm the escape hole matches one of the acceptable configurations with the precise dimensional minima and panel arrangements stated in s 5.3(b)(i)-(ii). The Instrument accepts either double-flap rectangular, double-flap triangular, single-flap rectangular, or single-flap triangular designs, each with specific opening widths, minimum forward cuts, stretched leading-edge lengths, panel widths, permitted overlaps and maximum posterior flap extension.

   • Flap construction and sewing: where panels are required to be composed of mesh panels, verify panel widths, allowable overlap (no more than 38 cm along the leading edge when stretched for one configuration), sewing restrictions (panels may only be sewn together along the leading edge and down the outside edge), and maximum posterior extension (flap not to extend more than 61 cm past the posterior edge for specific configurations).

   • Prohibition on weights/chains: ensure that no weights, chains or other devices are attached to the escape flap that might prevent its opening (s 5.3(d)).

   • Floats for bottom escape holes: if the escape hole is in the bottom of the net, ensure floats are secured to the grid in the numbers and sizes specified for the grid’s circumference, and that the floats are attached to the top half of the grid either inside the net and behind the grid or outside but not secured to a flap (s 5.3(e)-(f) and definitions).

5. Verify float types and counts. Measure grid circumference and select floats compliant with the Instrument’s definitions (s 5.3(e) and float-size definitions). Note the alternative options for plastic floats and the particular counts required irrespective of circumference where plastic floats are used (s 5.3(e)(iii)).

6. Document compliance. Maintain clear inventory and inspection records demonstrating that each net used in the fishery has a TED that meets the required specifications. Include measurement logs showing bar spacing, grid dimensions, escape-hole measurements, float counts and types, and photographic records where possible. These records will be useful if questioned by enforcement officers operating under the Act.

7. Engage qualified suppliers and fitters. Work with suppliers and net-repairers who can demonstrate familiarity with the Instrument’s dimensional requirements and who can provide work warranties. Where existing TEDs need retrofitting to meet the Instrument’s precise measurements, obtain written confirmation of modifications and measurements.

8. Train crew and maintain ongoing checks. Ensure skippers and crew understand that the Instrument requires each net used to be fitted with a compliant TED and that possession in the fishery area is also regulated (s 6.1). Institute pre-departure checks to confirm nets are compliant and that no prohibited attachments (weights/chains) are present.

9. Clarify try-net usage. If you intend to use a try-net, consult the Act and Regulations to confirm whether your net qualifies as a try-net and whether any conditions apply to the exemption in s 6.2. Do not assume any net can be treated as a try-net without confirming the statutory meaning.

10. Cross-reference licence and quota obligations. The Instrument deals with gear only. Ensure compliance with licence conditions, quotas, vessel markings and any other regulatory requirements in the Torres Strait Fisheries Act and Regulations to avoid aggregated compliance risks.

11. Plan for equipment lifecycle and investment. Given the Instrument’s sunset date (s 3), assess the expected useful life of any capital investment in TEDs and weigh retrofit or replacement decisions against the remaining operative period of the Instrument and any predictable regulatory changes.

12. Seek legal or technical advice where measurements are borderline. Because the Instrument’s dimensional requirements are precise but silent on measurement methodology, obtain legal and technical advice if a TED’s conformity is uncertain, for example, where bar spacing is close to the 120 mm limit or where flaps lie at the maximum allowed posterior extension.

13. Monitor administrative announcements. Watch for registration details confirming the Instrument’s commencement date (s 2), any subsequent amendments, revocation, or replacement before the 31 December 2026 sunset (s 3), and any enforcement guidance issued by the Protected Zone Joint Authority or fisheries management agencies.

14. Keep the Act and Regulations to hand. Since the Instrument delegates undefined terms and enforcement provisions to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 (s 5.2), ensure those instruments are consulted alongside this Instrument for a complete compliance picture.

Following these steps aligns operational practice with the Instrument’s prescriptions: fit and maintain compliant TEDs on each net used in the Torres Strait Prawn Fishery, document compliance, use the try-net exemption only where applicable, and consult the Act and Regulations for enforcement and definitional matters.