Torres Strait Fisheries Management Instrument No. 8

Overview

The Torres Strait Fisheries Management Instrument No. 8 was enacted in 2011 as a legislative instrument under the Torres Strait Fisheries Act 1984. This instrument was introduced to address the need for updated regulations concerning the fishing activities in the Torres Strait Finfish Fishery, also known as the Torres Strait Reef Line Fishery. This multi-species fishery primarily targets high-value Coral Trout species, Barramundi Cod, mixed reef fish, and various species of Rock Cod. The Protected Zone Joint Authority (PZJA), empowered by subsection 35(1) of the Torres Strait Fisheries Act 1984, enacted this instrument to refine the regulations around fishing activities, including the retention of live finfish, net size restrictions for traditional fishing, and maximum size limits for specific species such as leopard/square tail coral trout. The policy objective behind this instrument was to ensure sustainable fishing practices while balancing the needs of traditional fishers and the broader fishing community.

Scope and Application

The Fisheries Management Instrument No. 8 is a legislative instrument established under the Torres Strait Fisheries Act 1984, designed to regulate fishing practices within the Torres Strait Finfish Fishery. This multi-species fishery, which targets various reef fish such as Coral Trout, Barramundi Cod, mixed reef fish, and Rock Cod, is primarily managed to ensure sustainable practices. The instrument applies to Traditional Inhabitants and non-Traditional Inhabitants who fish in the area, with specific provisions for the latter requiring them to obtain a temporary licence. The geographic scope of this instrument is limited to the waters of the Torres Strait, and it supersedes previous regulatory notices concerning finfish handling and processing. Notably, the Instrument introduces new net size restrictions for traditional fishing activities and establishes a maximum size limit for leopard/square tail coral trout, while also removing the prohibition on retaining live finfish. The instrument provides exemptions for certain licence holders and Traditional Inhabitants engaged in traditional fishing, thereby tailoring its application to different stakeholders within the fishery. This legislative instrument aims to balance the needs of the fishery with conservation objectives, ensuring that fishing practices are both sustainable and regulated appropriately.

Key Provisions

The Fisheries Management Instrument No. 8, enacted under the Torres Strait Fisheries Act 1984, primarily regulates fishing activities within the Torres Strait Finfish Fishery. This multi-species fishery, targeting various reef fish, allows fishers to retain, store, or carry live finfish, which was previously prohibited under Fisheries Management Notice No. 78 (Clause 6). The Instrument introduces new net size restrictions applicable to traditional fishing (Clause 12.2) and sets a maximum size limit for leopard/square tail coral trout (Clause 9.2). It also details specific size limits for various finfish species (Schedules 1, 2, and 3), prohibits the removal of shark fins and discarding of torsos into the sea (Clause 11), and specifies equipment types for commercial fishing (Clause 12.1). Additionally, it mandates a permanent closure to line fishing west of a specified longitude, except for traditional fishing, and outlines a seasonal closure for barramundi fishing (Clauses 13 and 14). The Act imposes obligations on parties involved in the Torres Strait Finfish Fishery. It requires adherence to the specified size limits for finfish (Schedules 1, 2, and 3) and prohibits the removal of shark fins and discarding of torsos into the sea (Clause 11). It also mandates compliance with net size restrictions for traditional fishing (Clause 12.2) and restricts the use of certain fishing equipment (Clause 12.1). Exemptions are provided for commercial and community fishing licence holders, as well as Traditional Inhabitants engaged in traditional fishing (Clause 8). The Act further imposes a permanent closure to line fishing west of a specified longitude, except for traditional fishing, and outlines a seasonal closure for barramundi fishing (Clauses 13 and 14). Breaches of the provisions outlined in the Fisheries Management Instrument No. 8 may result in civil and criminal consequences. The Act does not specify maximum penalties within the text; however, penalties for breaches of fishing regulations under the Torres Strait Fisheries Act 1984 generally include fines and imprisonment. For instance, taking or possessing prohibited species can lead to fines up to $55,000 for individuals and $275,000 for corporations, alongside potential imprisonment. The specific penalties depend on the nature and severity of the breach, and enforcement actions are taken by the Protected Zone Joint Authority (Clause 35(1)).