Document ID: chunk:federal_register_of_legislation:F2016L01395:body:0:p2
Version: federal_register_of_legislation:F2016L01395
Segment Type: other
Provision Reference: 
Character Range: 2703–5393

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 under the law of Papua New Guinea that is endorsed by Australia under Section 20 of the Act, authorising that boat to be used to take Spanish mackerel in the area of Australian jurisdiction; or

      e)      a person is using a boat in the course of traditional fishing.

Size limits

   7.1 Pursuant to paragraph 16(1)(b)(ii) of the Act, it is prohibited to take mackerel that when measured in accordance with Clause 7.2, are less than the minimum size limits specified in Schedule 1.

   7.2 For the purposes of Clause 7.1, the length of a mackerel is measured from the point of the snout (or tip of the lower jaw, if that tip protrudes beyond the snout), to the extremity of the tail or caudal fin, whichever is longer.

Exemption from size limits

   8. Pursuant to paragraph 16(1A)(d) of the Act a person engaged in traditional fishing is exempt from the prohibition in Clause 7.1.

Gear restrictions

   9. Except as provided for in Clause 10, pursuant to paragraph 16(1)(c) of the Act, it is prohibited to take mackerel by any method other than trolling, handlining or droplining in the Australian jurisdiction.

Gear restrictions – Bramble Cay/Black Rocks

   10. Pursuant to paragraph 16(1)(c) of the Act, holders of sunset licences operating in the Australian territorial sea surrounding Bramble Cay and Black Rocks are prohibited to take mackerel:

         a) between the hours of 0930 and 1500 (eastern standard time) each day during the months of August to December; and

         b) by any method other than trolling.

   Exemption to the Bramble Cay/Black Rocks restrictions

   11. Pursuant to paragraph 16(1A)(d) of the Act a person engaged in traditional fishing is exempt from the prohibitions in Clauses 9 and 10.

Revocation of previous instrument

   12. This Instrument revokes the Torres Strait Fisheries Management Notice No. 79 from the date of commencement of this Instrument.

SCHEDULE 1

SPECIES                                                                                    MINIMUM SIZE

Spanish mackerel (Scomberomorus commerson)                         750 millimetres

Spotted mackerel (Scomberomorus munroi)                                600 millimetres

School mackerel (Scomberomorus queenslandicus)                    500 millimetres

Grey mackerel (Scomberomorus semifasciatus)                 500 millimetres

Shark mackerel (Grammatorcynus bicarinatus)                 500 millimetres