EXPLANATORY STATEMENT
Issued by the authority of the Torres Strait Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Torres Strait Fisheries Management Instrument No. 14
The Torres Strait Fisheries Management Instrument No. 14 (the Instrument) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 16(1) of the Torres Strait Fisheries Act 1984 (the Act) provides for the Minister to regulate fishing through an instrument registered on the Federal Register of Legislative Instruments. Subsection 35(1) of the Act provides for the Protected Zone Joint Authority (PZJA) to exercise the powers of the Minister under Subsection 16(1) of the Act.
The fishery
The Torres Strait Spanish Mackerel Fishery operates predominantly in the eastern Torres Strait targeting the narrow-barred Spanish mackerel (Scomberomorus commerson). In 1999, the Fishery was expanded to include the mackerel species school mackerel (Scomberomorus queenslandicus), grey mackerel (Scomberomorus semifasciatus), spotted mackerel (Scomberomorus munroi) and shark mackerel (Grammatorcynus bicarinatus).
Spanish mackerel are fished by trolling (towing lures or bait behind the boat), generally from dories/dinghies (aluminium or fibreglass boats under 6 meters) operating either to a primary vessel or by themselves. The majority of the catch is taken by a small number of commercial operators.
The Instrument revokes and replaces the Torres Strait Fisheries Management Instrument No. 79 (the previous Instrument) which was scheduled for sunsetting on 1 October 2016. The Instrument maintains the prohibitions of the previous Instrument.
Details of the Instrument
The content of the Instrument includes all existing arrangements as provided for in the previous Instrument.
The Instrument prohibits the taking, processing and carrying of Spanish mackerel in the Torres Strait Spanish Mackerel Fishery. It does not impose any restrictions on where or when a fisher can operate.
Consultation
The Instrument was sent to the Protected Zone Joint Authority (PZJA) Finfish Working Group and all license holders for consideration. No comments were received.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The PZJA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The PZJA’s Statement of Compatibility is attached.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for the Instrument providing a letter from the agency head was provided certifying that the measures maintained from the sunsetting instrument efficiently achieved their objectives (OBPR ID: 20468). The letter is available for viewing on the OBPR website.
Details of the Instrument are set out below:
Clause 1 Provides for the Instrument to be cited as the Torres Strait Fisheries Management Instrument No. 14.
Clause 2 Provides that the Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 Provides that the Instrument is repealed on 31 December 2025 unless earlier revoked.
Clause 4 Provides for definitions of terms contained within the Instrument, and that a term used in the Instrument and in the Plan or Act has the same meaning in the Instrument as in the Plan or Act.
Clause 5 Provides that taking of mackerel is prohibited.
Clause 6 Details who is exempt from the Spanish mackerel prohibition contained within Clause 5 based on licence type or their engagement in traditional fishing (which does not require a licence).
Clause 7.1 Provides for size limits which apply to mackerel taken.
Clause 7.2 Describes how mackerel should be measured.
Clause 8 Provides that persons engaged in traditional fishing are exempt from the size limits specified in Clause 7.1. This is in accordance with the terms of the Torres Strait Treaty.
Clause 9 Specifies the methods which can be used to take mackerel.
Clause 10 Specifies the methods which can be used, and when in the territorial waters around Bramble Cay and Black Rock.
Clause 11 Provides an exemption from the prohibitions set out in clauses 9 and 10 for persons engaged in traditional fishing.
Clause 12 Provides for the revocation of Torres Strait Fisheries Management Notice No. 79 from the date of commencement of this Instrument.
Schedule 1 Specifies the minimum size limits for each of the mackerel species covered by this Instrument.