Torres Strait Fisheries Management Notice No. 75 (28/11/2005)

EXPLANATORY STATEMENT

Issued by the authority of the Australian Fisheries Management Authority

Torres Strait Fisheries Act 1984

Fisheries Management Notice No. 75

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 Finfish Fishery is a multi-species fishery with a range of reef fish being targeted. The fishery focuses primarily on the highly valued coral trout (Plectropomus spp.), mixed reef fish (Lutjanus spp. and Lethrinus spp.), and numerous species of rock cods (Epinephelus spp.).  A barramundi fishery also exists within the Torres Strait Finfish Fishery but is limited to the territorial waters adjacent to the six Australian islands in the north west of Torres Strait near the Papua New Guinea coast.

Finfish are generally taken using hand lines.

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. 75 (ID 7395).

Consultation

This Fisheries Management Notice replaces Fisheries Management Notice No. 18, dated 8 July 1987, Fisheries Management Notice No. 51, dated 29 March 1999, Fisheries Management Notice No. 55, dated 28 July 1999, and Fisheries Management Notice No. 63, dated 15 January 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 under Fisheries Management Notices 18, 51, 55 and 63) except for a change to the take allowance for Torres Strait licence holders who do not have unlimited access to the Finfish Fishery, a prohibition on the use of nets (except bait nets), the addition of “no take” species, and changes to some minimum size limits.

Fisheries Management Notice No. 51 prohibits the taking, processing and carrying of finfish in the Torres Strait Finfish Fishery.  It also specifies a number of exemptions to the prohibitions.  Paragraph 7(c) of this notice allows the carrying by prawn trawlers of up to 50 kg of line caught finfish of which 10 kg could be coral trout, or 20 kg whole fish.  The notice also allows Spanish mackerel vessels to retain up to 50 kg of finfish.

The PZJA at its December 2003 meeting agreed to reduce the retention allowance from 50 kg to a total combined weight of finfish and Spanish mackerel not exceeding 20 kg and for the allowance to apply to all Torres Strait fishing boat licences.

Another amendment to Fisheries Management Notice No. 51 is in respect of the use of nets in the Finfish Fishery.  Fisheries Management Notice No. 51 allows the use of nets in a portion of the ‘outside but near’ area which lies to the south and immediately adjacent to the Protected Zone.  Concern exists with the undesirable impacts of net fishing, particularly in terms of bycatch.  Following consultation it was agreed that a total prohibition on commercial net fishing should be implemented.  The PZJA subsequently endorsed the recommendation to implement a total closure of the commercial net fishery.  This will be effected through the removal of netting as a permitted fishing method.  It should be noted that bait nets will still be permitted.

With respect to “no take” species, as a result of the implementation of Queensland’s Coral Reef Finfish Management Plan 2003 a number of new management initiatives were introduced into the adjacent Queensland east coast line fishery.  Among these was the introduction of a number of ‘no take’ species.

Consideration was subsequently given by the Working Group and TSFMAC to the appropriateness of the “no take” species arrangements in the Torres Strait.  Following this the PZJA has agreed that potato cod, Queensland grouper, chinaman fish, and paddletail would also have ‘no take’ status in the Torres Strait.  It was also agreed that red bass and barramundi cod will continue to be takeable species but with new size limits applying.  The PZJA has since agreed, at a more recent meeting, to add the species Maori wrasse to the “no take” list.