Torres Strait Fisheries Management Instrument No. 9 (26/08/2011)

Overview

The Torres Strait Fisheries Management Instrument No. 9, issued by the Protected Zone Joint Authority under the Torres Strait Fisheries Act 1984, was enacted to address a specific administrative oversight within the regulatory framework governing the Torres Strait Tropical Rock Lobster Fishery. This instrument serves to amend the previous Fisheries Management Notice No. 80 by extending the exemption on the prohibition to take, carry and process tropical rock lobster to include Papua New Guinea fishers holding a cross-endorsement to fish in the Australian area of jurisdiction of the Torres Strait Protected Zone. The policy objective is to ensure that regulatory practices align with the operational realities of the fishery while maintaining ecological sustainability and equitable access for all stakeholders, particularly focusing on the traditional rights of the Traditional Inhabitants. This legislative instrument was developed following consultations with the Protected Zone Joint Authority (PZJA) Standing Committee, which comprises representatives from various governmental and regional authorities responsible for fisheries management in the Torres Strait. The committee’s endorsement of the new instrument signifies a consensus on the necessary amendments to improve the management of the fishery, ensuring that the regulatory measures are both effective and reflective of the unique socio-economic conditions of the region.

Scope and Application

The Torres Strait Fisheries Management Instrument No. 9 applies to the regulation of fishing activities within the Torres Strait, specifically targeting the Ornate Tropical Rock Lobster fishery, a critical commercial fishery for both Traditional Inhabitants and non-Traditional Inhabitants. This legislative instrument, which operates under the Torres Strait Fisheries Act 1984, governs the actions of individuals and entities engaged in fishing activities, including those who possess a commercial fishing licence or an endorsement to fish under section 20 of the Act. The Instrument's reach extends throughout the Australian jurisdictional area of the Torres Strait Protected Zone and is applicable to any person taking, carrying, or processing tropical rock lobster within this area, unless they fall under a specified exemption. Notably, it extends exemptions to include Papua New Guinea fishers holding a cross-endorsement, thereby correcting an administrative oversight. The Instrument also amends and revokes previous Fisheries Management Notice No. 80, replacing it with updated regulations that include minor modifications, as advised by the Office of Best Practice Regulation. It is important to note that the Instrument does not require a Regulation Impact Statement due to the minor nature of its changes.

Key Provisions

The main operative sections of the Fisheries Management Instrument No. 9 include clauses that govern the prohibition on the taking, carrying, and processing of tropical rock lobster in the Torres Strait Tropical Rock Lobster Fishery (Clause 6). It also outlines exemptions for certain persons, including those with a commercial fishing licence or an endorsement under section 20 of the Torres Strait Fisheries Act 1984 (Clause 7). The Instrument further specifies the period during which tropical rock lobster can be taken (Clause 7b), the size limits for lobsters (Clause 8), and the methods of taking lobsters (Clause 10). There are also provisions that restrict the use of hookah gear during certain periods (Clause 11) and prohibit the processing or carrying of lobster meat (Clause 12). Traditional Inhabitants are subject to specific exemptions (Clauses 7c, 9, and 13), and there are restrictions on the carriage of diving equipment and lobsters during night hours (Clauses 14 and 15). The obligations imposed by the Act include ensuring that individuals and entities involved in fishing activities within the Torres Strait Tropical Rock Lobster Fishery comply with the regulations. Persons holding a commercial fishing licence or endorsed under section 20 of the Act must adhere to the specified periods for taking lobsters and the accepted methods of capture (Clauses 7b and 10). Traditional Inhabitants must also comply with the conditions set out for their exemptions, including the limits on the number of lobsters they can possess (Clause 7c). Additionally, all parties must abide by the prohibition on the use of hookah gear during the specified period (Clause 11) and refrain from processing or carrying lobster meat (Clause 12). There are also restrictions on the carrying of diving equipment and lobsters between certain hours (Clauses 14 and 15). Breaches of the provisions outlined in the Fisheries Management Instrument No. 9 may result in civil or criminal consequences. For instance, taking, carrying, or processing tropical rock lobster in contravention of Clause 6 may be subject to penalties as outlined under the Torres Strait Fisheries Act 1984. The maximum penalties for such offences can include fines and imprisonment, depending on the severity of the breach. Similarly, using prohibited methods of capture (Clause 10), failing to adhere to size limits (Clause 8), or contravening the restrictions on hookah gear use (Clause 11) may result in fines or other penalties. Failure to comply with the restrictions on the carriage of diving equipment and lobsters (Clauses 14 and 15) may also lead to penalties. These consequences serve to enforce compliance and protect the sustainability of the Torres Strait Tropical Rock Lobster Fishery.