EXPLANATORY STATEMENT
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 80
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 Tropical Rock Lobster Fishery is the second most valuable commercial fishery in Torres Strait and very important to many Torres Strait Islanders. The fishery is based on a single species, the ornate or tropical rock lobster (Panulirus ornatus). Lobsters are taken by hand or a short hand spear by divers working from dinghies. Most divers free dive on shallow reef tops but others use hookah (surface supplied air) to dive the large areas of open bottom (between the reefs) in the Torres Strait. Most fishing occurs during neap tides (a period that occurs between the new and full moons) when currents ease and underwater visibility improves. Commercial fishing occurs from December to September, inclusive, with a peak during March‑August. Traditional fishers can catch up to 3 lobsters per person or six per boat at any time of the year.
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. 80 (ID 8505).
Consultation
This Fisheries Management Notice replaces Fisheries Management Notice No. 73, dated 1 March 2006.
Fisheries Management Notice No. 73 revoked and replaced Fisheries Management Notice No. 58 on 1 March 2006. An error was made in Fisheries Management Notice No. 73 paragraph 7(b) which incorrectly had the effect of permitting take of tropical rock lobster from 1 October to 31 October. Fisheries Management Notice No. 58 did not permit this to occur. Accordingly Fisheries Management Notice No. 80 will restore the prohibition for this period.
The prohibition is pursuant to a decision of the Torres Strait Protected Zone Joint Authority meeting 12 on 3 October 2001 and has been operational since 2002. There is no impact on business as this reinstates arrangements that have been in place since 2002.
The Torres Strait Fisheries section of the Australian Government Department of Agriculture, Fisheries and Forestry was consulted on the general content of the proposed Notice.
Details of the Notice
The content of the proposed notice includes all existing arrangements that exist under Fisheries Management Notice 73 with a correction to the dates that the take of tropical rock lobster in the fishery is allowed.
Clause 1 | States that the notice may be cited as Torres Strait Fisheries Management Notice No. 80. |
Clause 2 | States that the notice commences on Gazettal. |
Clause 3 | States that the notice applies in conjunction with other notices in the Tropical Rock Lobster Fishery. |
Clause 4 | States that Fisheries Management Notice No. 73 is revoked. |
Clause 5 | Details how certain words and terms used in the notice are to be interpreted. |
Clause 6 | States that the taking, processing or carrying of tropical rock lobster is prohibited. |
Clause 7 | Details who is exempt from the tropical rock lobster prohibition based on licence type, seasonal closure dates or their engagement in traditional fishing. |
Clause 8.1 | States the minimum carapace (head) and tail lengths. |
Clause 8.2 | Details how a carapace should be measured, i.e. measured along the dorsal surface (top of the head) from the anterior mid-dorsal margin (middle front) to the posterior mid-dorsal margin (middle rear) of the carapace. |
Clause 8.3 | Details how a tail should be measured, i.e. measured in a straight line along the dorsal surface (top surface of the tail) from the anterior margin of the first abdominal somite (first and largest tail segment) to the posterior margin of the sixth abdominal somite (last and smallest tail segment) when the tail is laid flat on a horizontal surface; and firm downward pressure is placed on the third abdominal somite. |
Clause 9 | 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. |
Clause 10 | Details the methods that can be used to take tropical rock lobster. |
Clause 11 | Specifies the period that hookah gear must not be used. |
Clause 12 | States that tropical rock lobster meat must not be removed from any part of a tropical rock lobster. |
Clause 13 | States that persons engaged in traditional fishing are exempt from the restriction on removing tropical rock lobster meat. This is in accordance with the terms of the Torres Strait Treaty. |
Clause 14 | States the period that diving equipment and tropical rock lobster is prohibited on boats. |
Clause 15 | Details the exemptions to Clause 14. The exemptions include; if diving equipment is stowed and secured, or approval to carry equipment and tropical rock lobster has been granted. |