Document ID: chunk:federal_register_of_legislation:F2017L00371:body:0:p1
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INSTRUMENT REGULATING FISHING

Torres Strait Fisheries Act 1984
Section 16
Torres Strait Dugong Fishery and Turtle Fishery

TORRES STRAIT FISHERIES MANAGEMENT INSTRUMENT NO. 16

The PROTECTED ZONE JOINT AUTHORITY exercising jurisdiction under Commonwealth law over commercial fishing in the Protected Zone pursuant to the arrangement between the Commonwealth and the State of Queensland published on 19th March 1999 in the Commonwealth Gazette No. S125 and acting in accordance with the powers conferred on the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, under section 16 of the Torres Strait Fisheries Act 1984, makes the following Instrument.

Dated:         31st March     2017

Senator the Hon. Anne Ruston
Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and Water Resources
Chair of the Torres Strait Protected Zone Joint Authority

Citation
  1. This Instrument may be cited as the Torres Strait Fisheries Management Instrument No. 16.

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 This Instrument is repealed on 31 December 2026 unless earlier revoked.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 "dugong" means mammals of the species Dugong dugon; and
  4.4 "turtle" means the species Chelonia mydas, Caretta caretta, Eretmochelys imbricata, Natator depressus, Dermochelys coriacea, and Lepidochelys olivacea; and
  4.5 "equipment for taking dugong" includes, but is not limited to, all nets, firearms, explosives and poisons; and
  4.6 "spear" means a weapon with a long shaft and pointed head used to take dugong (commonly known as a wap in the Torres Strait region); and
  4.7 "the area of the dugong fishery and turtle fishery" means the area of Australian jurisdiction within the area described in the Torres Strait Fisheries Regulations; and
  4.8 "traditional fishing" means the taking, by traditional inhabitants for their own or their dependants' consumption or for use in the course of other traditional activities, of the living natural resources of the sea, seabed, estuaries and coastal tidal areas, including dugong and turtle.

Prohibitions
  5.1 Pursuant to paragraph 16(1)(a) of the Act, a person is prohibited from taking dugong or turtle in the area of the dugong fishery and turtle fishery.
  5.2 Pursuant to paragraph 16(1)(c) of the Act, a person is prohibited from taking or carrying of dugong or turtle on a commercial fishing boat licensed under sections 19(2) and 19(3) of the Act in the area of the dugong fishery and turtle fishery.
  5.3 Pursuant to paragraph 16(1)(c) of the Act a