EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 76
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 Trochus (Trochus niloticus) Fishery is a small, single-species commercial and subsistence fishery. The fishery however, is an important source of income for some Islanders, especially women and children. The level of participation in the fishery is relatively low at present, largely due to a decline in overseas market demand for trochus shells in button manufacture. The fishery however, was historically an important source of income for the region between 1920-1950 and more recently in the 1980's.
Trochus is usually taken by freediving however under the current management arrangements SCUBA and hookah gear may also be used. Fishers operate from dories/dinghies (aluminium or fibreglass boats under 6 meters) with a crew of 2 or 3. Reef top collection of trochus is also possible at low tide.
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. 76 (ID 7395).
Consultation
This Fisheries Management Notice replaces Fisheries Management Notice No. 52, dated 29 March 1999.
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 Torres Strait Fisheries Management Advisory Committee (TSFMAC) and the PZJA where the proposed notice was endorsed. The TSFMAC membership includes 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 (under Fisheries Management Notice No. 52) except for a change to the gear restrictions.
Fisheries Management Notice 52 prohibits the taking, processing and carrying of trochus in the Torres Strait Trochus Fishery. It also specifies a number of exemptions to the prohibitions. Paragraph 7 of Fisheries Management Notice No. 52 prohibits the taking of trochus by any method other than by hand either with or without the use of underwater breathing apparatus.
Management has been concerned that the use of hookah and or SCUBA diving apparatus will extend the operating depth of divers to the full range of the depth distribution of the trochus. While this is likely to improve the efficiency of the divers, it will also put additional stress on the trochus population.
The PZJA were made aware of the issue and subsequently agreed to prohibit the use of underwater breathing apparatus.
Clause 1 | States that the notice may be cited as Torres Strait Fisheries Management Notice No. 76. |
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 Trochus Fishery. |
Clause 4 | States that Fisheries Management Notice number 52 is revoked. |
Clause 5.1 - 5.2 | Details how certain words and terms used in the notice are to be interpreted. |
Clause 6 | States that the taking of Trochus is prohibited. |
Clause 7 | States that those who hold a trochus licence or are engaged in traditional fishing are exempt from the prohibition. |
Clause 8 | Specifies what gear restrictions apply, ie collect only by hand and without the use of any underwater breathing apparatus. |
Clause 9 | Specifies what size limits apply to trochus taken. |
Clause 10 | States that persons engaged in traditional fishing are exempt from the size limits. This is in accordance with the terms of the Torres Strait Treaty. |