Torres Strait Fisheries Management Instrument No. 14 (Cth)

INSTRUMENT REGULATING FISHING

Torres Strait Fisheries Act 1984
Section 16
Torres Strait Spanish Mackerel Fishery

TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 14

The PROTECTED ZONE JOINT AUTHORITY acting in accordance with the powers conferred on the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, of the Minister’s powers under section 16 of the Torres Strait Fisheries Act 1984, makes the following Instrument.

Dated:    1 September 2016

Senator the Hon. Anne Ruston
Parliamentary Secretary to the Minister for Agriculture and Water Resources
on behalf of the Torres Strait Protected Zone Joint Authority

Citation

1.   This Instrument may be cited as the Torres Strait Fisheries Management Instrument No. 14.

Commencement

2.    This Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

Cessation

3.    This Instrument is repealed on 31 December 2025 unless earlier revoked.

Interpretation

4.1  In this Instrument, unless the contrary intention appears “the Act” means the Torres Strait Fisheries Act 1984, and:

4.2  Terms used but not defined in this Instrument have the same meaning as in the Act and the Torres Strait Fisheries Regulations 1985; and

4.3 “mackerel” means fish of the species Spanish mackerel (Scomberomorus commerson), school mackerel (Scomberomorus queenslandicus), grey mackerel (Scomberomorus semifasciatus), spotted mackerel (Scomberomorus munroi) and shark mackerel (Grammatorcynus bicarinatus).

4.4    “finfish” means all fish of the Superclass Pisces other than mackerel.

4.5    “sunset licence” means a fishing boat licence issued under section 19(2) of the Act that is not a Traditional Inhabitant Boat (TIB) licence.

Prohibitions

1. . Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of mackerel is prohibited.

Exemption from the prohibitions

6. Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibitions in Clause 5 if:

a) a person holds a licence granted under either subsection 19(2) or 19(3) of the Act that entitles that person to take, process or carry mackerel; or

b) where a person holds a licence granted under either subsection 19(2) or 19(3) of the Act that entitles that person to take, process or carry finfish, takes or carries at any one time, not more than 20 kilograms of mackerel in any form; or

c) where a person holds a licence granted under either subsection 19(2) or 19(3) of the Act other than a licence of a kind referred to in paragraph (a) or (b), takes or carries at any one time:

(i)    not more than 20 kilograms of mackerel in any form; or

(ii)   where a quantity of finfish is also being carried, the combined weight of mackerel and finfish are not more than 20 kilograms; or

d) a person using a boat holds a licence that was issued under the law of Papua New Guinea that is endorsed by Australia under Section 20 of the Act, authorising that boat to be used to take Spanish mackerel in the area of Australian jurisdiction; or

e)     a person is using a boat in the course of traditional fishing.

Size limits

7.1 Pursuant to paragraph 16(1)(b)(ii) of the Act, it is prohibited to take mackerel that when measured in accordance with Clause 7.2, are less than the minimum size limits specified in Schedule 1.

7.2  For the purposes of Clause 7.1, the length of a mackerel is measured from the point of the snout (or tip of the lower jaw, if that tip protrudes beyond the snout), to the extremity of the tail or caudal fin, whichever is longer.

Exemption from size limits

8. Pursuant to paragraph 16(1A)(d) of the Act a person engaged in traditional fishing is exempt from the prohibition in Clause 7.1.

Gear restrictions

9.    Except as provided for in Clause 10, pursuant to paragraph 16(1)(c) of the Act, it is prohibited to take mackerel by any method other than trolling, handlining or droplining in the Australian jurisdiction.

Gear restrictions – Bramble Cay/Black Rocks

10. Pursuant to paragraph 16(1)(c) of the Act, holders of sunset licences operating in the Australian territorial sea surrounding Bramble Cay and Black Rocks are prohibited to take mackerel:

a)            between the hours of 0930 and 1500 (eastern standard time) each day during the months of August to December; and

b)           by any method other than trolling.

Exemption to the Bramble Cay/Black Rocks restrictions

11. Pursuant to paragraph 16(1A)(d) of the Act a person engaged in traditional fishing is exempt from the prohibitions in Clauses 9 and 10.

Revocation of previous instrument

12.  This Instrument revokes the Torres Strait Fisheries Management Notice No. 79 from the date of commencement of this Instrument. 

SCHEDULE 1

SPECIES  MINIMUM SIZE

Spanish mackerel (Scomberomorus commerson)    750 millimetres

Spotted mackerel (Scomberomorus munroi)    600 millimetres

School mackerel (Scomberomorus queenslandicus)                    500 millimetres

Grey mackerel (Scomberomorus semifasciatus)      500 millimetres

Shark mackerel (Grammatorcynus bicarinatus)      500 millimetres