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INSTRUMENT REGULATING FISHING

Torres Strait Fisheries Act 1984
Section 16
Torres Strait Spanish Mackerel Fishery

TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 14

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. 14.

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 This Instrument is repealed on 31 December 2025 unless earlier revoked.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 "mackerel" means fish of the species Spanish mackerel (Scomberomorus commerson), school mackerel (Scomberomorus queenslandicus), grey mackerel (Scomberomorus semifasciatus), spotted mackerel (Scomberomorus munroi) and shark mackerel (Grammatorcynus bicarinatus).

4.4 "finfish" means all fish of the Superclass Pisces other than mackerel.

   4.5 "sunset licence" means a fishing boat licence issued under section 19(2) of the Act that is not a Traditional Inhabitant Boat (TIB) licence.

Prohibitions

   5.  Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of mackerel is prohibited.

Exemption 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)      a 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 mackerel; or

      b)     where a 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 finfish, takes or carries at any one time, not more than 20 kilograms of mackerel in any form; or

      c)      where a person holds a licence granted under either subsection 19(2) or 19(3) of the Act other than a licence of a kind referred to in paragraph (a) or (b), takes or carries at any one time:

      (i) not more than 20 kilograms of mackerel in any form; or

         (ii) where a quantity of finfish is also being carried, the combined weight of mackerel and finfish are not more than 20 kilograms; or

      d)     a person using a boat holds a licence that was issued