EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 74
The proposed Fisheries Management Notice would be 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 for Fisheries, Forestry and Conservation to regulate fishing through a notice published in the Gazette.
By virtue of subsection 35(1)(a) of the Act, the powers of the Minister under section 16 of the Act are exercisable by the Protected Zone Joint Authority.
The fishery
The Torres Strait Spanish Mackerel Fishery operates predominantly in the eastern Torres Strait targeting the narrow-barred Spanish mackerel (Scomberomorus commerson). In 1999, the Fishery was expanded to include the mackerel species school mackerel (Scomberomorus queenslandicus), grey mackerel (Scomberomorus semifasciatus), spotted mackerel (Scomberomorus munroi) and shark mackerel (Grammatorcynus bicarinatus).
Spanish mackerel are fished by trolling (towing lures or bait behind the boat), generally from dories/dinghies (aluminium or fibreglass boats under 6 meters) operating either to a primary vessel or by themselves. The majority of the catch is taken by a small number of commercial operators.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Fisheries Management Notice No.74 (ID 7395).
Consultation
This Fisheries Management Notice replaces Fisheries Management Notice No. 67, dated 8 December 2003
The new content of this Fisheries Management Notice has been put through the approved Torres Strait Protected Zone Joint Authority (PZJA) consultative structure. It has been discussed at the Finfish Fishery Working Group, the Torres Strait Fisheries Management Advisory Committee (TSFMAC), and the PZJA where the proposed notice was endorsed. The Working Group and TSFMAC memberships include non indigenous fisher representatives and Traditional Inhabitants of the Torres Strait.
The Fisheries and Aquaculture branch of the Australian Government Department of Agriculture, Fisheries and Forestry has also been consulted on the general content of the proposed Notice.
Details of the Notice
The content of the proposed notice includes all existing arrangements (specified in Fisheries Management Notice No 67) and a change to the take allowance for Torres Strait licence holders who do not have access to the Spanish Mackerel Fishery.
Fisheries Management Notice 67 prohibits the taking, processing and carrying of Spanish mackerel in the Torres Strait Spanish Mackerel Fishery. It also specifies a number of exemptions to the prohibitions. Paragraph 7(a) of this notice allows the retention of up to 50 kg of Spanish mackerel by vessels that are not licensed to target Spanish mackerel.
Fisheries managers were concerned that the 50 kg limit was excessive and that when the Spanish mackerel was in the form of fillets it represented a commercially viable quantity. The PZJA at its December 2003 meeting subsequently agreed that 20kgs of Spanish mackerel was a more appropriate take and carry allowance.
Clause 1 | States that the notice may be cited as Torres Strait Fisheries Management Notice No. 74. |
Clause 2 | States that the notice commences on Gazettal |
Clause 3 | States that the notice applies in conjunction with other notices in place for the Spanish Mackerel Fishery. |
Clause 4 | States that Fisheries Management Notice number 67 is revoked. |
Clause 5.1 - 5.4 | Details how certain words and terms used in the notice are to be interpreted. |
Clause 6 | States that the taking of Spanish mackerel is prohibited. |
Clause 7 | Details who is exempt from the Spanish mackerel prohibition based on licence type or their engagement in traditional fishing (which does not require a licence). |
Clause 8.1 | States that minimum size limits apply. |
Clause 8.2 | Describes how mackerel should be measured. |
Clause 9 | States that persons engaged in traditional fishing are exempt from the minimum size limits. This is in accordance with the terms of the Torres Strait Treaty. |
Clause 10 | Specifies what methods can be used to take mackerel. |
Schedule 1 | Specifies the minimum size limits for each of the mackerel species covered by this Fisheries Management Notice. |