EXPLANATORY STATEMENT
FISHERIES MANAGEMENT INSTRUMENT NO. 8
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).
The fishery
The Torres Strait Finfish Fishery, also known as the Torres Strait Reef Line Fishery, is a multi-species fishery targeting a range of reef fish. The fishery focuses primarily on the high value Coral Trout species (Plectropomus spp. and Variola spp.), Barramundi Cod (Cromileptes altivelis), mixed reef fish (Lutjanus spp. and Lethrinus spp.), and numerous species of Rock Cod (Epinephelus spp.). Up to 100 species of fish may be taken and sold as “reef fish”.
Finfish are generally taken by handlines rigged with a single hook and sinker. Fishing generally occurs from either a primary or tender boat.
The fishery is limited to the Traditional Inhabitant sector; however non-Traditional Inhabitant fishers can lease a temporary (sunset) licence to fish in the fishery.
Fisheries Management Instrument No.8 – Prohibitions relating to the Taking, Processing and Carrying of Finfish (Gear, Size and Area Restrictions and Take and Carry Limit) replaces and revokes the arrangements contained in Fisheries Management Notice No.78. The Instrument:
- removes the prohibition on the retention of live finfish in the area of the Torres Strait Finfish Fishery. This will allow fishers to retain, store or carry live finfish;
- introduces new net size restrictions applicable to traditional fishing activities in the area of the Torres Strait Finfish Fishery; and
- introduces a maximum size limit for leopard/square tail coral trout (Plectropomus aerolatus).
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised Australian Fisheries Management Authority that a Regulation Impact Statement is not required for the Fisheries Management Instrument No. 8 as the new Instrument contains only minor modifications to the previous prohibition on the taking, processing or carrying of finfish in Fisheries Management Notice No.78 (OBPR ID number 11153).
Consultation
This Fisheries Management Instrument replaces and revokes Fisheries Management Notice No.78, dated 22 September 2006.
The content of this Fisheries Management Instrument was considered and agreed to by the Torres Strait Finfish Working Group (TSFWG) in May 2007 and July 2009 and the Torres Strait Fisheries Management Advisory Committee (TSFMAC) in July 2007 and November 2009. The TSFWG and TSFMAC are the principal advisory bodies for the PZJA on Torres Strait Finfish Fishery 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 new Instrument amends Fisheries Management Notice No.78 to remove the current prohibition on the retention of live finfish and to introduce new net size restrictions for traditional fishing. The new Instrument includes the following content:
Clause 1 | States that the Instrument may be cited as Torres Strait Fisheries Management Instrument No.8 |
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 | Revokes Fisheries Management Notice No.78, dated 22 September 2006. |
Clause 5 | Details how certain words and terms used in the Instrument are to be interpreted. |
Clause 6 | Prohibits the taking, processing or carrying of finfish (other than barramundi) in the area of the Torres Strait Finfish Fishery unless an exemption is in force. |
Clause 7 | Prohibits the taking, processing or carrying of barramundi in the area of the Torres Strait Finfish Fishery unless an exemption is in force. |
Clause 8(a) | Exempts a person holding a commercial fishing licence (of a type other than a community fishing licence) granted under subsection 19(2) or 19(3) of the Torres Strait Fisheries Act 1984 from the prohibition to take, process or carry finfish in the area of the Torres Strait Finfish Fishery. |
Clause 8(b) | Exempts a person holding a community fishing licence granted under subsection 19(2) or 19(3) of the Torres Strait Fisheries Act 1984 from the prohibition to take, process or carry finfish or barramundi in the area of the Torres Strait Finfish Fishery. |
Clause 8(c) | Allows a person holding a commercial fishing licence granted under subsection 19(2) or 19(3) of the Torres Strait Fisheries Act 1984 with a mackerel entry to take up to 20 kilograms of finfish in any form. |
Clause 8(d) | Allows a person holding a commercial fishing licence granted under subsection 19(2) or 19(3) of the Torres Strait Fisheries Act 1984 with an entry other than finfish, to take up to 20 kilograms of finfish in any form or a combined total of 20 kilograms of mackerel and finfish. |
Clause 8(e) | Allows a person holding a commercial fishing licence granted under subsection 19(2) of the Torres Strait Fisheries Act 1984 with a Spanish Mackerel entry to use a bait net to take bait for their own use. |
Clause 8(f) | Exempts a Traditional Inhabitant in the course of traditional fishing from the prohibition to take, process or carry finfish in the area of the Torres Strait Finfish and Barramundi fisheries. |
Clause 9.1 | Describes the size limits for the species of finfish listed in Schedule 1, 2 and 3 of the Instrument. |
Clause 9.2 | Describes the method for measuring the size of finfish. |
Clause 10 | Prohibits the take of certain species of finfish listed in Schedule 4 of the Instrument except for Traditional Inhabitant in the course of traditional fishing. |
Clause 11 | Prohibits a person, in the area of the Torres Strait Finfish Fishery, to remove the fins from any shark and discard the torso into the sea. |
Clause 12.1 | Specifies the type of equipment that can be used by a person holding a commercial fishing licence granted under section 19(2) of the Act to fish in the Torres Strait Finfish fishery. |
Clause 12.2 | States the net size restrictions applicable to Traditional Inhabitants in the course of traditional fishing in the area of the Torres Strait Finfish Fishery. |
Clause 13 | States that a permanent closure to line fishing exists, except in the course of traditional fishing, in the area of the Torres Strait Finfish Fishery west of the longitude stated. |
Clause 14 | States the seasonal closure for barramundi fishing, other than traditional fishing, in the area of the Torres Strait Finfish Fishery. |
Schedule 1 | Specifies the minimum size limits for those species listed. |
Schedule 2 | Specifies the minimum and maximum size limits for those species listed. |
Schedule 3 | Specifies the maximum size limits for those species listed. |
Schedule 4 | Specifies the species that can not be taken in the area of the Torres Strait Finfish Fishery in the course of commercial or community fishing. |