Federal Register of Legislation - Australian Government

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Torres Strait Fisheries Management Instrument No. 13

Authoritative Version
Other as made
This instrument prohibits the taking of trochus inside the area of the Trochus Fishery in the Torres Strait Fishery.
Administered by: Agriculture
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 63AB
Registered 06 Sep 2016
Tabling HistoryDate
Tabled Senate12-Sep-2016
Tabled HR12-Sep-2016
To be repealed 31 Dec 2025
Repealed by Self Repealing

INSTRUMENT REGULATING FISHING

 

Torres Strait Fisheries Act 1984

Section 16

Torres Strait Trochus Fishery

 

TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 13

                                                                                                                                      

 

The PROTECTED ZONE JOINT AUTHORITY acting in accordance with the powers conferred on the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, of the Minister’s powers under section 16 of the Torres Strait Fisheries Act 1984, makes the following Instrument.

 

 

Dated:    1 September 2016

 

 

 

 

 

Senator the Hon. Anne Ruston

Parliamentary Secretary to the Minister for Agriculture and Water Resources

on behalf of the Torres Strait Protected Zone Joint Authority

 

                                                                                                                                      

 

Citation

1.   This Instrument may be cited as the Torres Strait Fisheries Management Instrument No. 13.

 

Commencement

 

2.    This Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Cessation

 

3.    This Instrument is repealed on 31 December 2025 unless earlier revoked.

 

Interpretation

 

4.1  In this Instrument, unless the contrary intention appears “the Act” means the Torres Strait Fisheries Act 1984, and:

 

4.2  Terms used but not defined in this Instrument have the same meaning as in the Act and the Torres Strait Fisheries Regulations 1985; and

 

4.3 “trochus” means fish of the species Tectus niloticus (previously Trochus niloticus); and

underwater breathing apparatus” means any apparatus that delivers air or other breathing gas to a person.

Prohibitions

5.    Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of trochus in the area of the Trochus Fishery is prohibited.

Exemptions from the prohibitions

 

6.    Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibitions in Clause 5 if:

 

(a)    the person holds a licence granted under either subsection 19(2) or 19(3) of the Act that entitles that person to take, process or carry trochus; or

 

(b)    the person takes, processes or carries trochus in the course of traditional fishing.

 

Gear restrictions

 

7.    Pursuant to paragraph 16(1)(c) of the Act, the taking of trochus in the area of the Trochus Fishery is prohibited except if collected by hand and without the use of any underwater breathing apparatus.

 

Size limit

 

8.    Pursuant to paragraph 16(1)(b)(ii) of the Act, the taking of trochus is prohibited if the trochus, when measured in their original form as fished, are less than 80 millimetres or more than 125 millimetres, at the widest part of the base of the shell.

 

Exemption from size limit

 

9.    A person is exempt from the prohibition in Clause 8 if that person is engaged in traditional fishing.