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. |
Overview
The Torres Strait Fisheries Act 1984 was enacted to address the need for effective management of fisheries within the Torres Strait, a region rich in marine biodiversity and home to both indigenous and non-indigenous fishing communities. The Act provides the framework for the regulation of fishing activities in the area, empowering the Minister for Fisheries, Forestry and Conservation to implement regulations through notices published in the Gazette. The authority to enact these regulations is shared with the Protected Zone Joint Authority under subsection 35(1)(a) of the Act. The overarching policy objective is to ensure sustainable fishing practices that protect the marine ecosystem while supporting the livelihoods of those dependent on fishing.
Fisheries Management Notice No. 74, issued by the Australian Fisheries Management Authority, aims to refine existing regulations on the Spanish Mackerel Fishery, which operates predominantly in the eastern Torres Strait. This notice, replacing the earlier Fisheries Management Notice No. 67, was developed through consultation with the Torres Strait Protected Zone Joint Authority, the Finfish Fishery Working Group, the Torres Strait Fisheries Management Advisory Committee, and other relevant stakeholders, including representatives from both indigenous and non-indigenous fishing communities. The primary change introduced by Notice No. 74 is the reduction of the allowable take of Spanish mackerel from 50kg to 20kg for Torres Strait licence holders who do not have access to the Spanish Mackerel Fishery, addressing concerns about the commercial viability of the previous limit.
Scope and Application
The Torres Strait Fisheries Management Notice No. 74 applies to individuals and entities involved in fishing activities within the Torres Strait, specifically targeting Spanish mackerel and other mackerel species. This includes commercial operators and traditional fishing practices by the Traditional Inhabitants of the Torres Strait. The notice operates under the Torres Strait Fisheries Act 1984 and is issued by the Protected Zone Joint Authority, which has the authority to regulate fishing in the Torres Strait. The notice revokes the previous Fisheries Management Notice No. 67 and updates the regulations to reflect current practices and concerns, such as reducing the allowable take of Spanish mackerel from 50 kg to 20 kg for unlicensed vessels. The notice also sets out minimum size limits for the various mackerel species and exempts certain individuals from these limits if they are engaged in traditional fishing practices. The notice has a national reach, applying specifically within the geographical boundaries of the Torres Strait, and is subject to the broader legislative framework of the Torres Strait Fisheries Act and the Torres Strait Treaty. There are no specific exclusions mentioned in the explanatory statement, but exemptions are provided for certain licensed activities and traditional fishing practices. The application of the notice may be further refined through subordinate instruments or regulations issued under the authority of the Act.
Key Provisions
The Torres Strait Fisheries Management Notice No. 74 (Clause 1) is a legislative instrument established under the Torres Strait Fisheries Act 1984, which will be effective upon its gazette (Clause 2). This notice replaces Fisheries Management Notice No. 67 and applies in conjunction with other notices relevant to the Spanish Mackerel Fishery (Clause 3). It revokes the previous notice (Clause 4) and provides interpretations for specific terms used within the notice (Clause 5.1 - 5.4). The notice prohibits the taking of Spanish mackerel (Clause 6) and outlines exemptions based on licence type or traditional fishing practices (Clause 7). Minimum size limits for mackerel are specified, with certain exemptions for traditional fishers (Clauses 8.1 - 9), and allowable methods for taking mackerel are detailed (Clause 10). The minimum size limits for each species are provided in Schedule 1.
Under this Act, various obligations are imposed on the parties involved in the Spanish Mackerel Fishery. Primarily, the Act prohibits the taking of Spanish mackerel, which applies to all fishers unless they are exempt under the provisions of the notice (Clause 6). Licence holders who do not target Spanish mackerel are allowed to retain up to 20 kg of Spanish mackerel, a reduction from the previous 50 kg limit (Clause 7). Fishers must also adhere to the specified minimum size limits for the various mackerel species, with exemptions for traditional fishing practices (Clauses 8.1 - 9). Additionally, there are specified methods for taking mackerel that must be adhered to by all fishers (Clause 10).
Violations of the provisions outlined in this notice may result in civil or criminal penalties. The Torres Strait Fisheries Act 1984 provides for the imposition of fines and potential imprisonment for breaches of the Act's provisions. The specific penalties for contravening the provisions of this notice are not detailed in the explanatory statement; however, under the Torres Strait Fisheries Act 1984, the maximum penalty for a serious offence is generally a fine of up to $165,000 or imprisonment for up to five years, or both, for a corporation, and up to $33,000 or imprisonment for up to one year, or both, for an individual. These penalties can be further escalated for repeat or aggravated offences. The Act also allows for the confiscation of any equipment or vessels used in the commission of an offence.