EXPLANATORY STATEMENT
FISHERIES MANAGEMENT INSTRUMENT NO. 6
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
The Fisheries Management 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 by legislative instrument to regulate fishing. Subsection 35(1) of the Act provides that the powers of the Minister under sections 14, 15A, 16 and 17 of the Act are exercisable by the Protected Zone Joint Authority (PZJA).
Torres Strait Fisheries
An extensive reef complex exists in the area of the Torres Strait Protected Zone providing the opportunity for coral collection. Coral collection does not currently occur within the Protected Zone and there is no legislation that covers any species of coral (Anthozoa or Hydrozoa) or live rock. There is concern that, if coral collection remains unregulated, an unsustainable and unregulated fishery could potentially begin resulting in a reduction in biodiversity and damage to the reef.
Fisheries Management Instrument No.6 – Prohibition on Taking, Processing and Carrying of Coral and Live Rock is a new instrument that implements a prohibition on the taking of coral and live rock within the area of the Torres Strait fisheries.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised AFMA that a Regulation Impact Statement is not required for the Fisheries Management Instrument No.6 (OBPR ID number 11153).
Consultation
The content of this Fisheries Management Instrument was considered and agreed to by the Torres Strait Hand Collectables Working Group (TSHCWG) in July 2008 and the Torres Strait Fisheries Management Advisory Committee (TSFMAC) in November 2009. The TSHCWG and TSFMAC are the principal advisory bodies for the PZJA on Torres Strait Hand Collectable fisheries issues. Both of these consultative bodies include members representing industry, Government and scientific interests.
The Australian Government Department of Agriculture, Fisheries and Forestry and the Queensland Fisheries have also been consulted on the content of the new Instrument.
Details of the Instrument
The content of the Instrument allows for the prohibition of taking coral and live rock in the Torres Strait Protected Zone. The Instrument includes the following content:
Clause 1 | States that the Instrument may be cited as Torres Strait Fisheries Management Instrument No.6. |
Clause 2 | States that the Instrument commences on the day after registration. |
Clause 3 | States the period in which the Instrument is valid. |
Clause 4 | Details how certain words and terms used in the Instrument are to be interpreted. |
Clause 5 | Prohibits the taking, processing or carrying of coral, live rock in the area of the Torres Strait Protected Zone. |
Clause 6 | Exempts a Traditional Inhabitant in the course of traditional fishing from the prohibition outlined in Clause 5. |