EXPLANATORY STATEMENT
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 78
The Fisheries Management Notice is 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.
Subsection 35(1) of the Act provides for the Protected Zone Joint Authority to exercise the powers of the Minister under subsection 16(1) of the Act.
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 notice (ID 8502).
Consultation
This Fisheries Management Notice replaces Fisheries Management Notice No. 75, dated 28 November 2005.
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 and the Torres Strait Fisheries Management Advisory Committee (TSFMAC).The Working Group and TSFMAC memberships include; the Queensland Seafood Industry Association (representing non-indigenous commercial fisheries) and representatives of the Community Fisheries Group (representing traditional inhabitant commercial fishers). Consensus was reached on the nature and content of the policy contained in this notice during the consultative process. The PZJA considered these views when they endorsed the policy.
The Torres Strait Fisheries section 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 75). In addition it proposes some maximum size limits, additional no take species, and a restriction on the processing and disposal of shark species.
The Australian Government, in line with the recommendations of the International Plan of Action for the Conservation and Management of Sharks, established a Shark Advisory Group (SAG) in 2000 to oversee the development of a Shark Assessment Report. From this, a report was released which identified 24 conservation and management issues. This led to the development of an Australian Shark-plan (National Plan of Action for the Conservation and Management of Sharks) to ensure the conservation and management of Australia’s shark resources and their ecologically sustainable use.
There are currently no restrictions in place on the take of shark in the Torres Strait Finfish Fishery.
The PZJA at its July 2005 meeting agreed to prohibit the practise of shark finning, to give tiger, grey nurse and hammerhead sharks “no take” status, and to prohibit the take of all other species of shark greater than two metres.
Clause 1 | States that the notice may be cited as Torres Strait Fisheries Management Notice No. 78. |
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 Finfish Fishery. |
Clause 4 | States that Fisheries Management Notices number 75 is revoked. |
Clause 5 | Details how certain words and terms used in the notice are to be interpreted. |
Clause 6 | States that the taking of finfish is prohibited. |
Clause 7 | States that the taking of barramundi is prohibited. |
Clause 8 | Details who is exempt from the finfish and barramundi prohibitions based on licence type or their engagement in traditional fishing (which does not require a licence). |
Clause 9.1 | States that size limits apply to the fish listed in Schedules 1, 2 and 3. |
Clause 9.2 | Describes how finfish are to be measured. |
Clause 10 | States that the taking of Schedule 4 species (“no take”) is prohibited. |
Clause 11 | States that the retention of live fish is prohibited. |
Clause 12 | States that the removal of shark fins is prohibited. |
Clause 13 | Specifies what fishing gear is permitted to be used. This excludes use if nets other than bait nets. |
Clause 14 | Specifies an area subject to permanent closure other than for those engaged in traditional fishing. This is in accordance with the terms of the Torres Strait Treaty. |
Clause 15 | Specifies the barramundi seasonal closure period. |
Schedule 1 | Lists species with minimum size limits. |
Schedule 2 | Lists species with minimum and maximum size limits. |
Schedule 3 | Lists species with maximum size limits. |
Schedule 4 | Lists species than are not permitted to be retained, ie “no take” species. |