Torres Strait Fisheries Management Instrument No. 14

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for effective management of fisheries in the Torres Strait, a region of significant ecological and cultural importance. The Act establishes the Torres Strait Protected Zone Joint Authority (PZJA) to regulate and manage fisheries in the area, with a focus on sustainable practices that respect the rights of Indigenous communities and protect marine biodiversity. The policy objective of the Act is to ensure that fisheries in the Torres Strait are managed in a way that balances economic, environmental, and social considerations. In this context, the Torres Strait Fisheries Management Instrument No. 14, introduced by the PZJA, serves to update and replace previous regulations, maintaining the prohibitions on the taking of Spanish mackerel while ensuring efficient achievement of the management objectives. This legislative instrument aims to uphold the sustainable use of the region's marine resources while respecting traditional fishing practices.

Scope and Application

The Torres Strait Fisheries Management Instrument No. 14 applies to individuals and entities engaged in fishing activities within the Torres Strait targeting Spanish mackerel species, including narrow-barred Spanish mackerel, school mackerel, grey mackerel, spotted mackerel, and shark mackerel. This Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it is registered on the Federal Register of Legislative Instruments. The Act's geographic reach is confined to the Torres Strait, a body of water located between the northern tip of Queensland and Papua New Guinea. The Act maintains the prohibitions on the taking, processing, and carrying of Spanish mackerel in the Torres Strait Spanish Mackerel Fishery, with specific exemptions for certain licensed activities and traditional fishing, as outlined in the Torres Strait Treaty. The Torres Strait Fisheries Management Instrument No. 14 revokes the previous Torres Strait Fisheries Management Instrument No. 79 and is set to be repealed on 31 December 2025 unless earlier revoked. The application of this Act may be extended or restricted through subordinate instruments, which allow for adjustments to regulations and enforcement measures.

Key Provisions

The Torres Strait Fisheries Management Instrument No. 14 (Instrument) introduces several key provisions under the Torres Strait Fisheries Act 1984. Clause 5 of the Instrument explicitly prohibits the taking of mackerel within the Torres Strait Spanish Mackerel Fishery. This prohibition encompasses the entire fishery, targeting the narrow-barred Spanish mackerel (Scomberomorus commerson) and additional species expanded in 1999, including school mackerel (Scomberomorus queenslandicus), grey mackerel (Scomberomorus semifasciatus), spotted mackerel (Scomberomorus munroi), and shark mackerel (Grammatorcynus bicarinatus). However, Clause 6 outlines exemptions from this prohibition for certain licence holders or those engaged in traditional fishing activities, provided they do not require a licence. Furthermore, Clause 7.1 and Clause 7.2 establish size limits for the mackerel that can be taken and detail the method of measurement, ensuring compliance with the regulations. Persons engaged in traditional fishing are exempt from these size limits as per Clause 8, consistent with the terms of the Torres Strait Treaty. The Instrument imposes several obligations on the parties and entities it governs. Firstly, it mandates that all fishing activities within the Torres Strait Spanish Mackerel Fishery must adhere to the prohibitions and restrictions set out in the Instrument, particularly the prohibition on taking mackerel outlined in Clause 5. Licence holders and individuals engaged in traditional fishing must ensure they are aware of and comply with the exemptions and conditions specified in Clauses 5, 6, 7, and 8. Additionally, the Instrument requires compliance with the specified methods of taking mackerel, as detailed in Clauses 9 and 10, and the associated exemption for traditional fishing in Clause 11. The Instrument also necessitates adherence to the minimum size limits for each mackerel species, as specified in Schedule 1. In terms of penalties and consequences for breaches of the Torres Strait Fisheries Management Instrument No. 14, the specific penalties are not detailed within the explanatory statement provided. However, under the Torres Strait Fisheries Act 1984, penalties for breaches of fishing regulations can include fines and potential criminal charges. The severity of the penalties can vary based on the nature and extent of the breach, with potential maximum penalties available under the relevant sections of the Act. Non-compliance with the prohibitions on taking, processing, or carrying mackerel, as well as failure to adhere to specified size limits and methods of taking, could result in enforcement actions by the Protected Zone Joint Authority or other relevant authorities.