Torres Strait Fisheries Management Instrument No. 8 (Cth)
INSTRUMENT REGULATING FISHING
Torres Strait Fisheries Act 1984
Section 16
Torres Strait Finfish Fishery
TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 8
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: 26. 8. 2011
The Hon. Joe Ludwig, MP
Commonwealth Minister for Agriculture Fisheries and Forestry
on behalf of the Protected Zone Joint Authority
CITATION
1. This Instrument may be cited as Torres Strait Fisheries Management Instrument No. 8
COMMENCEMENT
2. This Instrument commences on the day after registration on the Federal Register of Legislative Instruments.
PERIOD OF APPLICATION
3. The application of this Instrument ceases to be in force (if not previously repealed) on 31st December 2020.
REVOCATION
4. Fisheries Management Notice No. 78, dated 22 September 2006, is repealed.
INTERPRETATION
5.1 In this Instrument, unless the contrary intention appears “the Act” means the Torres Strait Fisheries Act 1984.
5.2 Terms used but not defined in this Instrument have the same meaning as in the Act and the Torres Strait Fisheries Regulations 1985.
5.3 In this Instrument, unless the contrary intention appears:
“finfish” means all fish of the Superclass Pisces other than:
(i) mackerels (Scomberomorus spp.);
(ii) Shark mackerel (Grammatorcynus bicarinatus);
(iii) tunas (Thunnus spp.);
(iv) skipjack tuna (Katsuwonus pelamis);
(v) fish of the Family Bramidae (pomfrets); and
(vi) fish of the Families Istiophoridae and Xiphiidae (billfish).
“bait net” means:
(i) a cast net not more than 6 metres in diameter and having a mesh size of not more than 28 millimetres; or
(ii) a mesh or seine net not more than 400 metres in length and having a mesh size of at least 12 millimetres but not more than 45 millimetres.
“fishing apparatus” means hand held fishing lines or fishing rods or mechanically operated reels and lines.
“line fishing methods” means fishing by use of hand held fishing lines or fishing rods or mechanically operated reels and lines where:
(i) each fishing line has no more than 6 hooks attached to it; and
(ii) at any one time no more than 3 fishing apparatus are being used for fishing from the boat in respect of which a licence holder has been granted a licence;
“mesh net” means a net used as a gill net, mesh net, ring net or a net that is not fixed or hauled.
“mesh size” means:
(i) for a knotted mesh net, the average distance when the net is taut between the inner edges of 2 diagonally opposite knots; and
(ii) for a knotless mesh net, the average distance when the net is taut between the inner edges of 2 diagonally opposite corners;
where the distance is determined by averaging the size of each of 10 meshes at least 30 centimetres from each other.
“seine net” means a beach or haul seine net, with or without a pocket, shot in a way to partly encircle fish.
PROHIBITION (GENERAL)
6. Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of finfish, other than barramundi, in the area of the finfish fishery is prohibited.
PROHIBITION (BARRAMUNDI)
7. Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of barramundi in the area of the finfish fishery is prohibited.
EXEMPTIONS FROM PROHIBITION
8. Pursuant to paragraph 16(1A)(d) of the Act:
(a) a person holding a licence granted under subsections 19(2) or 19(3) of the Act, that entitles that person to take, process or carry finfish is exempt from the prohibition in paragraph 6; or
(b) a person holding a licence granted under subsections 19(2) or 19 (3) of the Act which is the subject of a declaration under subsection section 17 (1) that entitles that person to take, process or carry finfish is exempt from the prohibitions in paragraph 6 and 7; or
(c) a person holding a licence granted under subsection 19(2) or 19(3) of the Act that entitles that person to take, process or carry mackerel, is exempt from the prohibition in paragraph 6 to take a maximum of 20 kilograms of finfish in any form at any one time; or
(d) a person holding a licence granted under subsection 19(2) or 19 (3) of the Act, other than a licence of a kind referred to in paragraphs (a) or (b), is exempt from the prohibition in paragraph 6 to take or carry at any one time:
(i) a maximum of 20 kilograms of finfish in any form; or
(ii) where a quantity of mackerel is also being carried, the combined weight of mackerel and finfish are no more than 20 kilograms; or
(e) a person holding a licence granted under subsection 19(2) of the Act that entitles the person to take Spanish Mackerel is exempt from the prohibition in paragraph 6 to use a bait net to take bait for their own use; or
(f) a person engaged in traditional fishing is exempt from the prohibitions in paragraphs 6 and 7.
SIZE LIMITS
9.1 Pursuant to paragraph 16(1)(b) of the Act, it is prohibited in the area of the finfish fishery, except in the course of traditional fishing, to take, process or carry finfish:
(a) of the kind referred to in Schedule 1, that when measured in accordance with Paragraph 9.2, are less than the minimum lengths specified in Schedule 1; or
(b) of the kind referred to in Schedule 2, that when measured in accordance with Paragraph 9.2, are less than the minimum lengths or greater than the maximum lengths specified in Schedule 2;or
(c) of the kind referred to in Schedule 3, that when measured in accordance with Paragraph 9.2, are greater than the maximum length specified in Schedule 3.
9.2 For the purposes of paragraph 9.1, the length of a finfish shall be 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.
NO TAKE SPECIES
10. Pursuant to paragraph 16(1)(b) of the Act, it is prohibited in the area of the finfish fishery, except in the course of traditional fishing, to take, process or carry finfish of the kind referred to in Schedule 4.
SHARK FINNING
11. Pursuant to paragraph 16(1)(a) of the Act, it is prohibited in the area of the finfish fishery to remove the fins from a shark and discard the torso into the sea.
GEAR RESTRICTIONS
12.1 Pursuant to paragraph 16(1)(c) of the Act, a person is prohibited in the area of the finfish fishery to take finfish, except in the course of traditional fishing, by a method other than:
(a) line fishing methods, where a person holds a licence granted under subsections 19(2) of the Act that entitles that person to take finfish by line fishing methods;
(b) the use of a bait net.
12.2 Pursuant to paragraph 16(1)(c) of the Act, a person in the course of traditional fishing is prohibited in the area of the Torres Strait Finfish Fishery to take finfish by the use of a mesh net of more than 100 metres in length, 2.5 metres in depth and having a mesh size greater than 100 millimetres.
PERMANENT CLOSURES
13. Pursuant to paragraph 16(1)(a) of the Act, the taking of finfish, except in the course of traditional fishing, is prohibited by line fishing methods in that part of the finfish fishery west of Longitude 142°31'49".
SEASONAL CLOSURE – BARRAMUNDI
14. Pursuant to paragraph 16(1)(a) of the Act the taking of barramundi, except in the course of traditional fishing, is prohibited in the area of the finfish fishery during the period commencing from 1200 hours on 1 November in a year and ending 1200 hours on 1 February the following year.
SCHEDULE 1
| FINFISH | MINIMUM LENGTH IN MILLIMETRES |
| barramundi cod (Cromileptes altivells) | 450 |
| black king-fish (Rachycentron canadus) | 750 |
| black-spot tusk-fish (Choerodon schoenleinii) | 300 |
| coral trout (Plectropomus spp.) other than P. laevis (blue-spot or ocean trout – see Schedule 2) | 380 |
| dolphin-fish (Coryphaena spp.) | 450 |
| grass sweetlip (Lethrinus fletus) | 300 |
| hussar (Lutjanus amabilis) | 250 |
| teraglin jew (Atractoscion aequidens) | 380 |
| large-mouthed nannygai (Lutjanus malabaricus) | 400 |
| large-scale sea perch (Lutjanus johni) | 350 |
| mangrove jack (Lutjanus argentimaculatus) | 350 |
| moses perch (Lutjanus russelli) | 250 |
| mulloway (Argyrosomus hololepidotus) | 450 |
| pearl perch (Glaucosoma scapulare) | 350 |
| purple tusk-fish (Choerodon cephalotes) | 300 |
| red emperor (Lutjanus sebae) | 550 |
| red throat emperor (Lethrinus miniatus) | 380 |
| rosy job-fish (Etelis and Pristipomoides spp.) | 380 |
| silver jewfish (Nibea soldado) | 450 |
| silver teraglin (Otolithes ruber) | 300 |
| small-mouthed nannygai (Lutjanus erthropterus) | 400 |
| snapper (Pagrus auratus) | 350 |
| Spangled emperor (Lethrinus nebulosus) | 450 |
| spotted or black jewfish (Protonibae diacanthus) | 450 |
| stripey (Lutjanus carponotatus) | 250 |
| venus tusk-fish (Choerodon venustus) | 300 |
| wahoo (Acanthocybium solandri) | 750 |
| yellowtail king-fish (Seriola lalandi) | 500 |
| bar-tailed flathead (Platycephalus indicus) | 300 |
| burnett salmon (Polydactylus sheridani) | 400 |
| Cooktown salmon (Eleutheronema tetradactylum) | 400 |
| golden lined whiting (Sillago analis) | 230 |
| luderick (Girella tricuspidata) | 230 |
| pikey bream (Acanthopagrus berda) | 230 |
| sand flathead (Platycephalus arenarius) | 300 |
| sand whiting (Sillago ciliata) | 230 |
| sea mullet (Mugil cephalus) | 300 |
| small spotted grunter bream (Pomadasys agenteus) | 300 |
| spotted grunter bream (grunter) (Pomadasys kaakan) | 300 |
| tailor (Pomatomus saltatrix) | 300 |
| tarwhine (Rhabdossargus sarba) | 230 |
| yellow-finned bream (Acanthopagrus australis) | 230 |
SCHEDULE 2
| FINFISH | MINIMUM LENGTH IN MILLIMETRES | MAXIMUM LENGTH IN MILLIMETRES |
| barramundi (Lates calcarifer) | 580 | 1200 |
| blue-spot trout (Plectropomus laevis) | 500 | 800 |
| estuary cod (Epinephelus sp.) | 350 | 1200 |
| leopard/squaretail trout (Plectropomus areolatus) | 380 | 620 |
| red bass (Lutjanus bohar) | 450 | 550 |
SCHEDULE 3
| FINFISH | MAXIMUM LENGTH IN CENTIMETRES |
| shark of the subclass Elasmobranchii but excluding electric rays (Torpediniforms), skates (Rajiformes), and stingrays (Myliobatiforms). Also excluded are hammerhead sharks (Sphyrna lewini), grey nurse sharks (Carcharias taurus) and tiger sharks (Galeocerdo cuvier) - see Schedule 4. | 200 |
SCHEDULE 4
| NO TAKE SPECIES |
| potato cod (Epinephelus tukula) |
| Queensland groper (Epinephelus lanceolatus) |
| chinaman fish (Symphorus nematophorus) |
| paddletail (Lutjanus gibbus) |
| humphead Maori wrasse (Cheilinus undulatus) |
| hammerhead shark (Sphyrna lewini) |
| grey nurse shark (Carcharias taurus) |
| tiger shark (Galeocerdo cuvier) |
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