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Assessment of the Torres Strait


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Table 3: The Department of Sustainability, Environment, Water, Population and Communities assessment of the Torres Strait Bêche-de-mer Fishery against the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) related to decisions made under Part 13 and Part 13A.




Please Note – the table below is not a complete or exact representation of the EPBC Act. It is intended as a summary of relevant sections and components of the EPBC Act to provide advice on the fishery in relation to decisions under Parts 13 and 13A. A complete version of the EPBC Act can be found on the department’s website.
Part 13

Division 1 Listed threatened species

Section 208A Minister may accredit plans or regimes

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) Minister may, by instrument in writing, accredit for the purposes of this Division:
(e) a policy formulated by the Protected Zone Joint Authority under paragraph 34(b) of the Torres Strait Fisheries Act 1984 for managing a fishery for which a plan of management (within the meaning of section 15A of the Torres Strait Fisheries Act 1984) is not in force;
if satisfied that:

  1. the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed threatened species (other than conservation dependent species) are not killed or injured as a result of the fishing; and




    1. the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the survival or recovery in nature of the species.



The Torres Strait Bêche-de-mer Fishery will be managed under the policy for the fishery formulated under the Torres Strait Fisheries Act 1984.


The policy for the Torres Strait Bêche-de-mer Fishery was first accredited in June 2008. The management arrangements for the Torres Strait Bêche-de-mer Fishery have not changed since that accreditation.

Due to the selective nature of the fishing method (hand collection), the likelihood of interactions with listed threatened species is very low. Therefore, the department considers the current operation of the Torres Strait Bêche de mer Fishery is not likely to adversely affect the survival or recovery in nature of any listed threatened species.




Part 13 (cont.)

Division 2 Migratory species

Section 222A Minister may accredit plans or regimes

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) Minister may, by instrument in writing, accredit for the purposes of this Division:
(e) a policy formulated by the Protected Zone Joint Authority under paragraph 34(b) of the Torres Strait Fisheries Act 1984 for managing a fishery for which a plan of management (within the meaning of section 15A of the Torres Strait Fisheries Act 1984) is not in force;
if satisfied that:

  1. the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed migratory species are not killed or injured as a result of the fishing; and




      1. the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the conservation status of a listed migratory species or a population of that species.



The Torres Strait Bêche-de-mer Fishery will be managed under the policy for the fishery formulated under the Torres Strait Fisheries Act 1984.


The policy for the Torres Strait Bêche-de-mer Fishery was first accredited in June 2008. The management arrangements for the Torres Strait Bêche-de-mer Fishery have not changed since that accreditation.

Due to the selective nature of the fishing method (hand collection), the likelihood of interactions with migratory species is very low. Therefore, the department considers the current operation of the Torres Strait Bêche de mer Fishery is not likely to adversely affect the conservation status of any listed migratory species or a population of that species.




Part 13 (cont.)

Division 3 Whales and other cetaceans

Section 245 Minister may accredit plans or regimes

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) Minister may, by instrument in writing, accredit for the purposes of this Division:
(e) a policy formulated by the Protected Zone Joint Authority under paragraph 34(b) of the Torres Strait Fisheries Act 1984 for managing a fishery for which a plan of management (within the meaning of section 15A of the Torres Strait Fisheries Act 1984) is not in force;
if satisfied that:

  1. the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that cetaceans are not killed or injured as a result of the fishing; and




  1. the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the conservation status of a species of cetacean or a population of that species.



The Torres Strait Bêche-de-mer Fishery will be managed under the policy for the fishery formulated under the Torres Strait Fisheries Act 1984.


The policy for the Torres Strait Bêche-de-mer Fishery was first accredited in June 2008. The management arrangements for the Torres Strait Bêche-de-mer Fishery have not changed since that accreditation.

Due to the selective nature of the fishing method (hand collection), the likelihood of interactions with cetaceans is very low. Therefore, the department considers the current operation of the Torres Strait Bêche de mer Fishery is not likely to adversely affect the conservation status of a species of cetacean or a population of that species.




Part 13 (cont.)

Division 4 Listed marine species

Section 265 Minister may accredit plans or regimes

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) Minister may, by instrument in writing, accredit for the purposes of this Division:
(e) a policy formulated by the Protected Zone Joint Authority under paragraph 34(b) of the Torres Strait Fisheries Act 1984 for managing a fishery for which a plan of management (within the meaning of section 15A of the Torres Strait Fisheries Act 1984) is not in force;
if satisfied that:

  1. the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed marine species are not killed or injured as a result of the fishing; and




  1. the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the conservation status of a listed marine species or a population of that species.



The Torres Strait Bêche-de-mer Fishery will be managed under the policy for the fishery formulated under the Torres Strait Fisheries Act 1984.


The policy for the Torres Strait Bêche-de-mer Fishery was first accredited in June 2008. The management arrangements for the Torres Strait Bêche-de-mer Fishery have not changed since that accreditation.

Due to the selective nature of the fishing method (hand collection), the likelihood of interactions with listed marine species is very low. Therefore, the department considers the current operation of the Torres Strait Bêche de mer Fishery is not likely to adversely affect the conservation status of a listed marine species or a population of that species.



Part 13 (cont.)

Section 303AA Conditions relating to accreditation of plans, regimes and policies

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) This section applies to an accreditation of a plan, regime or policy under section 208A, 222A, 245 or 265.

The department recommends that the Torres Strait Bêche-de-mer Fishery be accredited under sections 208A, 222A, 245 and 265.

(2) The Minister may accredit a plan, regime or policy under that section even though he or she considers that the plan, regime or policy should be accredited only:

  1. during a particular period; or

  2. while certain circumstances exist; or

  3. while a certain condition is complied with.

In such a case, the instrument of accreditation is to specify the period, circumstances or condition.

No condition has been imposed on the accreditation of the Torres Strait Bêche-de-mer Fishery to satisfy sections 208A, 222A, 245 or 265 under Part 13.



(7) The Minister must, in writing, revoke an accreditation if he or she is satisfied that a condition of the accreditation has been contravened.





Part 13A

Section 303BA Objects of Part 13A

  1. The objects of this Part are as follows:

  1. to ensure that Australia complies with its obligations under CITES3 and the Biodiversity Convention;

  2. to protect wildlife that may be adversely affected by trade;

  3. to promote the conservation of biodiversity in Australia and other countries;

  4. to ensure that any commercial utilisation of Australian native wildlife for the purposes of export is managed in an ecologically sustainable way;

  5. to promote the humane treatment of wildlife;

  6. to ensure ethical conduct during any research associated with the utilisation of wildlife; and

  7. to ensure the precautionary principle is taken into account in making decisions relating to the utilisation of wildlife.




Section 303FN Approved wildlife trade operation

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(2) The Minister may, by instrument published in the Gazette, declare that a specified wildlife trade operation is an approved wildlife trade operation for the purposes of this section.




(3) The Minister must not declare an operation as an approved wildlife trade operation unless the Minister is satisfied that:


  1. the operation is consistent with the objects of Part 13A of the Act; and



  1. the operation will not be detrimental to:

    1. the survival of a taxon to which the operation relates; or

    2. the conservation status of a taxon to which the operation relates; and

(ba) the operation will not be likely to threaten any relevant ecosystem including (but not limited to) any habitat or biodiversity; and





  1. if the operation relates to the taking of live specimens that belong to a taxon specified in the regulations – the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and




  1. such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

The Torres Strait Bêche-de-mer Fishery is consistent with objects of Part 13A (listed above) as:



  • the fishery will not harvest any CITES listed species;

  • there are management arrangements in place to ensure that the resource is being managed in an ecologically sustainable way (see Table 1);

  • the operation of the fishery is unlikely to be unsustainable and threaten biodiversity within the next three years; and

  • the Environment Protection and Biodiversity Conservation Regulations 2000 do not specify fish as a class of animal in relation to the welfare of live specimens.

The department considers that the Torres Strait Bêche-de-mer Fishery will not be detrimental to the survival or conservation status of a taxon to which it relates within the next three years, given the management measures currently in place, which include:

  • competitive total allowable catch, based on stock surveys, on all target species in the fishery including a zero tonne total allowable catch on overfished species;

  • a prohibition on the use of hookah and self contained underwater breathing apparatus (SCUBA) equipment providing protection to target species inhabiting deepwater habitats;

  • size limits on all high value, medium value and two low value species; and

  • harvest limited to hand collection or hand held non-mechanical device.

The department considers that the Torres Strait Bêche-de-mer Fishery will not threaten any relevant ecosystem within the next three years, given the management measures currently in place, which include:



  • dinghies operating in the fishery must be less than seven metres in length;

  • harvesting is by hand or hand held non-mechanical device only; and

  • the use of hookah or SCUBA underwater breathing equipment is not permitted, providing protection for deepwater habitat and species.

The Environment Protection and Biodiversity Conservation Regulations 2000 do not specify fish as a class of animal in relation to the welfare of live specimens.

No other conditions are specified in relation to commercial fisheries in the Environment Protection and Biodiversity Conservation Regulations 2000.


(4) In deciding whether to declare an operation as an approved wildlife trade operation the Minister must have regard to:


  1. the significance of the impact of the operation on an ecosystem (for example, an impact on habitat or biodiversity); and



  1. the effectiveness of the management arrangements for the operation (including monitoring procedures).

The department considers that the Torres Strait Bêche-de-mer Fishery will not have a significant impact on any relevant ecosystem within the next three years, given the management measures currently in place, which include:



  • dinghies operating in the fishery must be less than seven metres in length;

  • harvesting is by hand or hand held non-mechanical device only;

  • competitive total allowable catch, based on stock surveys, on all target species in the fishery including a zero tonne total allowable catch on overfished species;

  • size limits on all high value, medium value and two low value species;

  • the use of hookah or SCUBA underwater breathing equipment is not permitted, providing protection for deepwater habitat and species.

The management arrangements that will be employed for the Torres Strait Bêche-de-mer Fishery are likely to be effective. These management arrangements include:



  • competitive total allowable catch on all target species in the fishery including a zero tonne total allowable catch on overfished species;

  • size limits on all high value, medium value and two low value species;

  • the use of hookah and SCUBA equipment in the fishery is prohibited which limits the harvest to shallow water habitats; and

  • collection is limited to hand or hand held non-mechanical devices.

(5) In deciding whether to declare an operation as an approved wildlife trade operation the Minister must have regard to:


  1. whether legislation relating to the protection, conservation or management of the specimens to which the operation relates is in force in the State or Territory concerned; and




  1. whether the legislation applies throughout the State or Territory concerned; and




  1. whether, in the opinion of the Minister, the legislation is effective.

The Torres Strait Bêche-de-mer Fishery will be managed under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985.

The Torres Strait Fisheries Act 1984 applies throughout Torres Strait waters.

The legislation is likely to be effective.




(10) For the purposes of section 303FN, an operation is a wildlife trade operation if, an only if, the operation is an operation for the taking of specimens and:


  1. the operation is a commercial fishery.

The Torres Strait Bêche-de-mer Fishery is a commercial fishery.

(10A) In deciding whether to declare that a commercial fishery is an approved wildlife trade operation for the purposes of this section, the Minister must rely primarily on the outcomes of any assessment in relation to the fishery carried out for the purposes of Division 1 or 2 of Part 10

The impact of actions under the policy for the Torres Strait Bêche-de-mer Fishery formulated under the Torres Strait Fisheries Act 1984 were assessed under Part 10 of the EPBC Act in June 2005. That assessment concluded that actions taken in the Torres Strait Bêche-de-mer Fishery would not have an unacceptable or unsustainable impact on the environment in a Commonwealth marine area.

(10B) Subsection (10A) does not limit the matters that may be taken into account in deciding whether to declare that a fishery is an approved wildlife trade operation for the purposes of this section.






Part 13A (cont.)

Section 303FR Public consultation

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) Before making a declaration under section 303FN, the Minister must cause to be published on the Internet a notice:

  1. setting out the proposal to make the declaration; and

  2. setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and

  3. inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.

The department considers that the consultation requirements of the EPBC Act for declaring a wildlife trade operation have been met. A public notice, which set out the proposal to declare the Torres Strait Bêche-de-mer Fishery an approved wildlife trade operation and included the submission, was released for public comment which closed on 26 May 2011. No public comments were received.


(2) A period specified in the notice must not be shorter than 20 business days after the date on which the notice was published on the Internet.

A public notice, which set out the proposal to declare the Torres Strait Bêche de-mer Fishery an approved wildlife trade operation and included the submission was released for public comment on 27 April 2011 and closed on 26 May 2011, a total of 22 business days.

(3) In making a decision about whether to make a declaration under section 303FN, the Minister must consider any comments about the proposal to make the declaration that were given in response to the invitation in the notice.

No public comments about the proposal were received.


Part 13A (cont.)

Section 303FT Additional provisions relating to declarations

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) This section applies to a declaration made under section 303FN, 303FO or 303FP.

A declaration for the Torres Strait Bêche-de-mer Fishery will be made under section 303FN.

(4) The Minister may make a declaration about a plan or operation even though he or she considers that the plan or operation should be the subject of the declaration only:

  1. during a particular period; or

  2. while certain circumstances exist; or

  3. while a certain condition is complied with.

In such a case, the instrument of declaration is to specify the period, circumstances or condition.



The standard conditions applied to commercial fishery wildlife trade operations include:

  • operation in accordance with the management regime;

  • notifying the department of changes to the management regime; and

  • annual reporting in accordance with the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

The wildlife trade operation instrument of declaration for the Torres Strait Bêche-de-mer Fishery specifies the standard and any additional conditions applied.



(8) A condition may relate to reporting or monitoring.

One of the standard conditions relates to reporting.

(9) The Minister must, by instrument published in the Gazette, revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened.




(11) A copy of an instrument under section 303FN,or this section is to be made available for inspection on the Internet.

The instrument for the Torres Strait Bêche-de-mer Fishery made under sections 303FN and the conditions under section 303FT will be gazetted and made available on the department’s website.


Part 16

Section 391 Minister must consider precautionary principle in making decisions

The department’s assessment of the Torres Strait Bêche-de-mer Fishery

(1) The Minister must take account of the precautionary principle in making a decision under section 303DC and/or section 303FN, to the extent he or she can do so consistently with the other provisions of this Act.

The precautionary principle has been considered when making a decision to declare the Torres Strait Bêche-de-mer Fishery an approved wildlife trade operation.

(2) The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.



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