{"id":"F2020L01216","name":"Torres Strait Fisheries (Finfish) Management Instrument 2020","slug":"torres-strait-fisheries-finfish-management-instrument-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113595,"registerId":"commonwealth-F2020L01216-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Torres Strait Fisheries (Finfish) Management Instrument 2020.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 16 of the Act.\n\n> Note: The Authority may exercise the powers of the Minister under section 16 of the Act in respect of a Protected Zone Joint Authority fishery: see paragraph 35(1)(a) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:\n\n    (a) community fishing;\n    (b) fish;\n    (c) traditional inhabitant;\n    (d) traditional fishing.\n  In this instrument:\n\n> Act means the Torres Strait Fisheries Act 1984.\n\n> AEST means Australian Eastern Standard Time.\n\n> bait net means a fishing net:\n\n  (a) known as a cast net that is not more than 6 metres in diameter and having a mesh size no larger than 28 millimetres; or\n  (b) known as a mesh net or seine net that is not more than 400 metres in length and having a mesh size of at least 12 millimetres but not more than 45 millimetres.\n\n> barramundi means finfish of the species Lates calcarifer.\n\n> finfish means fish of the superclass Pisces other than:\n\n  (a) mackerel; and\n  (b) tuna (Thunnus spp.); and\n  (c) skipjack tuna (Katsuwomus pelamis); and\n  (d) fish of the family Bramidae (known as pomfrets); and\n  (e) fish of the families Istiophoridae and Xiphiidae (known as billfish).\n\n> finfish fishery means the area of the finfish fishery prescribed in item 4 of the table in Schedule 2 to the Regulations.\n\n> finfish licensed person means a person who is a licensed person that is authorised to take, process or carry finfish in the finfish fishery.\n\n> fishing apparatus means any combination of:\n\n  (a) hand held fishing lines; and\n  (b) fishing rods; and\n  (c) mechanically operated fishing reels and lines.\n\n> licensed person means a person who has been granted a licence under subsection 19(2), 19(3) or 19(4A) of the Act, or transferred such a licence under section 25 of the Act, that authorises the taking, processing or carrying of fish.\n\n> line fishing methods means fishing by hand using fishing apparatus where:\n\n  (a) each fishing line has no more than 6 hooks attached to it; and\n  (b) no more than 3 fishing apparatus are being used for fishing from the licensed person’s boat.\n\n> mackerel means species of fish that are:\n\n  (a) grey mackerel (Scomberomorus semifasciatus); and\n  (b) school mackerel (Scomberomorus queenslandicus); and\n  (c) shark mackerel (Grammatorcynus bicarinatus); and\n  (d) Spanish mackerel (Scomberomorous commerson); and\n  (e) spotted mackerel (Scomberomorus munroi).\n\n> mackerel fishery means the area of the Spanish mackerel fishery prescribed in item 7 of the table in Schedule 2 to the Regulations.\n\n> mackerel licensed person means a person who is a licenced person that is authorised to take, process or carry mackerel in the mackerel fishery.\n\n> mesh net includes a fishing net suspended vertically through a water column that is known as a gill net, mesh net or seine net that is neither fixed nor hauled, but does not include a fishing net that is hauled by the use of a boat for taking fish.\n\n> mesh size means:\n\n  (a) or a fishing net known as a knotted mesh net—the average distance, across 10 meshes at least 30 centimetres apart, between the inner edges of 2 diagonally opposite knots when the net is held taut; and\n  (b) for a fishing net known as a knotless mesh net—the average distance, across 10 meshes at least 30 centimetres apart, between the inner edges of 2 diagonally opposite corners of a mesh when the net is held taut.\n\n> PZJA Arrangement means the document titled “Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984” dated 17 March 1999 and published on the Federal Register of Legislation, as that document exists at the commencement of this instrument.\n\n> Note: The PZJA Arrangement could in 2020 be viewed on the website of the Federal Register of Legislation ([https://www.legislation.gov.au/Details/F2008B00750](https://www.legislation.gov.au/Details/F2008B00750)).\n\n> Regulations means the Torres Strait Fisheries Regulations 1985.\n\n> seine net means a fishing net known as a beach net or a haul seine net.\n\n> shark means fish of the Subclass Elasmobranchii, excluding:\n\n  (a) electric rays (Order Torpediniformes); and\n  (b) skates (Order Rajiformes); and\n  (c) stingrays (Order Myliobatiformes).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Length of a fish","content":"#### 5 Length of a fish\n\n  (1) For the purposes of this instrument, the length of a fish is taken to be the longest of the following measurements:\n  (a) the point of the snout to the end of the tail fin; or\n  (b) the point of the snout to the end of the caudal fin; or\n  (c) the tip of the lower jaw to the end of the tail fin; or\n  (d) the tip of the lower jaw to the end of the caudal fin.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Prohibition—general","content":"#### 7 Prohibition—general\n\n  (1) The taking, processing or carrying of finfish, other than barramundi, by a person in the finfish fishery is prohibited.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n  (2) A person is exempt from the prohibition in subsection (1) when:\n  (a) the person is a finfish licensed person; or\n  (b) the person is a mackerel licensed person who:\n  (i) has taken finfish to use as bait with the use of a bait net; and\n  (ii) does not possess on their boat any more than 20 kilograms of finfish in addition to any finfish taken as bait under subparagraph (i); or\n  (c) the person is a licensed person who is not a finfish licensed person or a mackerel licensed person, and the person does not possess on their boat any more than 20 kilograms of finfish or mackerel.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition—barramundi","content":"#### 8 Prohibition—barramundi\n\n  (1) The taking, processing or carrying of barramundi by a person in the finfish fishery is prohibited.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n  (2) Subject to section 16 of this instrument, a person is exempt from the prohibition in subsection (1) when:\n  (a) the person is a finfish licensed person; and\n  (b) the person is a traditional inhabitant conducting community fishing.\n\n> Note: Any barramundi that are taken by a person pursuant to this subsection must meet the minimum and maximum size limits outlined in section 10 of this instrument and be outside the seasonal closure outlined in section 16 of this instrument.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Prohibition—finfish subject to minimum length requirements","content":"#### 9 Prohibition—finfish subject to minimum length requirements\n\n  The taking, processing or carrying of finfish specified in an item in column 1 of the table that is shorter in length than the minimum length specified in column 2 of the table by a person in the finfish fishery is prohibited.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n| Item | Column 1Finfish                                                             | Column 2Minimum length (centimetres) |\n| ---- | --------------------------------------------------------------------------- | ------------------------------------ |\n| 1    | Barramundi cod (Cromileptes altivelis)                                      | 45                                   |\n| 2    | Black kingfish (Rachycentron canadum)                                       | 75                                   |\n| 3    | Coral trout (Plectropomus spp.) other than ocean trout (Plectopomus laevis) | 38                                   |\n| 4    | Dolphinfish (Coryphaena spp.)                                               | 45                                   |\n| 5    | Grass sweetlip (Lethrinus laticaudis)                                       | 30                                   |\n| 6    | Hussar (Lutjanus adetii)                                                    | 25                                   |\n| 7    | Teraglin jew (Atractoscion aequidens)                                       | 38                                   |\n| 8    | Large‑mouthed nannygai (Lutjanus malabaricus)                               | 40                                   |\n| 9    | Large‑scale sea perch (Lutjanus johnii)                                     | 35                                   |\n| 10   | Mangrove jack (Lutjanus argentimaculatus)                                   | 35                                   |\n| 11   | Moses perch (Lutjanus russellii)                                            | 25                                   |\n| 12   | Mulloway (Argyrosomus japonicus)                                            | 45                                   |\n| 13   | Pearl perch (Glaucosoma scapulare)                                          | 35                                   |\n| 14   | Purple tusk‑fish (Choerodon cephalotes)                                     | 30                                   |\n| 15   | Red emperor (Lutjanus sebae)                                                | 55                                   |\n| 16   | Red throat emperor (Lethrinus miniatus)                                     | 38                                   |\n| 17   | Rosy job‑fish (Etelis spp. and Pristipomoides spp.)                         | 38                                   |\n| 18   | Silver jewfish (Nibea soldado)                                              | 45                                   |\n| 19   | Silver teraglin (Otolithes ruber)                                           | 30                                   |\n| 20   | Small‑mouthed nannygai (Lutjanus erthropterus)                              | 40                                   |\n| 21   | Snapper (Pagrus auratus)                                                    | 35                                   |\n| 22   | Spangled emperor (Lethrinus nebulosus)                                      | 45                                   |\n| 23   | Spotted or black jewfish (Protonibae diacanthus)                            | 45                                   |\n| 24   | Stripey (Lutjanus carponotatus)                                             | 25                                   |\n| 25   | Venus tusk‑fish (Choerodon venustus)                                        | 30                                   |\n| 26   | Wahoo (Acanthocybium solandri)                                              | 75                                   |\n| 27   | Yellowtail kingfish (Seriola lalandi)                                       | 50                                   |\n| 28   | Bar‑tailed flathead (Platycephalus indicus)                                 | 30                                   |\n| 29   | Burnett salmon (Polydactylus macrochir)                                     | 40                                   |\n| 30   | Cooktown salmon (Eleutheronema tetradactylum)                               | 40                                   |\n| 31   | Golden lined whiting (Sillago analis)                                       | 23                                   |\n| 32   | Luderick (Girella tricuspidata)                                             | 23                                   |\n| 33   | Pikey bream (Acanthopagrus pacificus)                                       | 23                                   |\n| 34   | Sand flathead (Platycephalus endrachtensis)                                 | 30                                   |\n| 35   | Sand whiting (Sillago ciliata)                                              | 23                                   |\n| 36   | Sea mullet (Mugil cephalus)                                                 | 30                                   |\n| 37   | Small spotted grunter bream (Pomadasys agenteus)                            | 30                                   |\n| 38   | Spotted grunter bream (grunter) (Pomadasys kaakan)                          | 30                                   |\n| 39   | Tailor (Pomatomus saltatrix)                                                | 30                                   |\n| 40   | Tarwhine (Rhabdosargus sarba)                                               | 23                                   |\n| 41   | Yellow‑finned bream (Acanthopagrus australis)                               | 23                                   |","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Prohibition—finfish subject to minimum and maximum length requirements","content":"#### 10 Prohibition—finfish subject to minimum and maximum length requirements\n\n  The taking, processing or carrying of finfish specified in an item in column 1 of the table that is:\n  (a) shorter in length than the minimum length specified in column 2 of the table; or\n  (b) longer in length than the maximum length specified in column 3 of the table\n  by a person in the area of the finfish fishery is prohibited.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n| Item | Column 1Finfish                                      | Column 2Minimum length (centimetres) | Column 3Maximum length (centimetres) |\n| ---- | ---------------------------------------------------- | ------------------------------------ | ------------------------------------ |\n| 1    | Barramundi (Lates calcarifer)                        | 58                                   | 120                                  |\n| 2    | Blue‑spot trout (Plectropomus laevis)                | 50                                   | 80                                   |\n| 3    | Estuary cod (Epinephelus sp.)                        | 35                                   | 120                                  |\n| 4    | Leopard or squaretail trout (Plectropomus areolatus) | 38                                   | 62                                   |\n| 5    | Red bass (Lutjanus bohar)                            | 45                                   | 55                                   |","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Prohibition—finfish subject to maximum length requirements","content":"#### 11 Prohibition—finfish subject to maximum length requirements\n\n  The taking, processing or carrying of a shark that is longer than 200 centimetres in length in the finfish fishery is prohibited.\n\n> Note 1: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n> Note 2: The prohibition in section 12 of this instrument also applies to hammerhead shark, grey nurse shark and tiger shark.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Prohibition—no take species","content":"#### 12 Prohibition—no take species\n\n  The taking, processing or carrying of the following finfish by a person in the finfish fishery is prohibited:\n  (a) potato cod (Epinephelus tukula); and\n  (b) Queensland groper (Epinephelus lanceolatus); and\n  (c) chinaman fish (Symphorus nematophorus); and\n  (d) paddletail (Lutjanus gibbus); and\n  (e) humphead Maori wrasse (Cheilinus undulatus); and\n  (f) hammerhead shark (Sphyrna lewini); and\n  (g) grey nurse shark (Carcharias taurus); and\n  (h) tiger shark (Galeocerdo cuvier).\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Prohibition—shark finning","content":"#### 13 Prohibition—shark finning\n\n  The processing of a shark by removing the fins from the shark and discarding the remainder of the shark into the sea by a person in the finfish fishery is prohibited.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Prohibition—gear restrictions","content":"#### 14 Prohibition—gear restrictions\n\n  The taking, processing or carrying of finfish by a person in the finfish fishery is prohibited by a fishing method other than:\n  (a) line fishing methods; or\n  (b) a bait net.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Prohibition—permanent closures","content":"#### 15 Prohibition—permanent closures\n\n  Pursuant to paragraph 16(1)(a) of the Act, the taking of finfish is prohibited by line fishing methods in the area of the finfish fishery commencing south of Latitude 09°34’ 31” S and west of Longitude 142°31'49\" E.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition—seasonal closure","content":"#### 16 Prohibition—seasonal closure\n\n  The taking of barramundi by a person in the finfish fishery is prohibited during the period commencing at 12pm AEST on 1 November in any year and ending at 12pm AEST on 1 February in the following year.\n\n> Note 1: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n> Note 2: This prohibition applies to a person even if the exemption outlined in subsection 8(2) of this instrument applies.","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a fisheries management instrument under the Torres Strait Fisheries Act 1984. It establishes operational rules for a specific fishery without expanding into unrelated policy areas. The instrument replaces or updates previous management arrangements for the same fishery, maintaining the established regulatory scope of licensing, size limits, gear restrictions, and closures typical of Commonwealth fisheries management."},"complexity_factors":["18 defined terms in section 4, plus 4 terms defined by reference to the parent Act","Extensive cross-referencing to the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, and the PZJA Arrangement (a 1999 intergovernmental agreement)","Nested exemptions: general prohibition in section 7 with three conditional exemption categories, plus additional conditional exemptions for barramundi in section 8 that interact with size limits (section 10) and seasonal closures (section 16)","Dual measurement systems for fish length (snout/tail vs jaw/caudal fin) creating potential ambiguity","Complex mesh size calculation methodology requiring measurement across 10 meshes at specific intervals","Geographic coordinates for permanent closure in section 15 (Latitude 09°34'31\" S, Longitude 142°31'49\" E) requiring external mapping knowledge","Temporal conditions with specific AEST timestamps for seasonal closure (section 16)","41 separate minimum length requirements and 5 min/max ranges in tabular format","Overlapping regulatory frameworks: instrument operates under Commonwealth Act but implements joint authority arrangements with Queensland"],"plain_english_summary":"This law tightly regulates finfish fishing in the Torres Strait: most people must hold a finfish licence to fish there, while strict size limits, bans on taking vulnerable species (e.g., potato cod, Queensland groper, grey nurse and tiger sharks), a prohibition on shark finning, limits to hand lines and small bait nets, permanent area closures, and a November–February barramundi closure protect stocks.\n\nIt affects commercial and mackerel fishers (limited bait catch) but generally exempts Torres Strait Islander traditional fishing, balancing conservation with cultural and commercial interests."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based solely on this instrument's text, it sets detailed management rules (who may take finfish, gear, species and size limits, spatial/temporal closures) under the authority of section 16 of the Act. The instrument does not itself state that it expands or narrows the statutory definition of the finfish fishery or otherwise alters the Act’s scope. No prior instrument is provided for comparison, so a change from earlier instruments cannot be demonstrated from this text alone."},"complexity_factors":["Numerous species‑specific length limits organized in two large tables (minimums; minimums and maximums) increasing monitoring and measurement burden.","Multiple licence categories and overlapping exemptions (finfish licensed person, mackerel licensed person, other licensed persons) with possession limits creating conditional entitlements (sections 7–9).","Traditional inhabitant carve‑out via cross‑reference to the PZJA Arrangement — adds a parallel regulatory regime and exception handling.","Technical definitions (fish length measurement, mesh size, bait net dimensions, definition of gear) that require precise measurement and training (section 5, Definitions).","Gear restrictions limiting methods to line fishing and specified bait nets, plus a prohibition on shark finning — operational constraints on fishing practice (sections 13–14).","Spatial and temporal prohibitions including a permanent closed area (latitude/longitude) and a seasonal barramundi closure — need for navigation/seasonal compliance (sections 15–16).","Cross‑references to the Act and Regulations for authority, licence issuance and fishery boundaries increase legal interdependence.","Prohibitions on specific high‑risk species (no‑take list) and size caps for sharks introduce conservation exceptions that complicate catch handling and reporting."],"plain_english_summary":"This instrument sets the rules for taking, processing and carrying finfish in the Torres Strait finfish fishery. It bans unlicensed taking, limits gear to hand lines and certain bait nets, lists prohibited species, sets minimum and/or maximum size limits for many species, and creates spatial and seasonal closures.\n\nIt affects licensed fishers, other licence-holders and traditional inhabitants (who are explicitly exempt under the PZJA Arrangement). It matters because it changes who may fish, what gear and quantities are allowed, and when and where fishing may lawfully occur."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-finfish-management-instrument-2020","history":"/api/acts/torres-strait-fisheries-finfish-management-instrument-2020/history","analysis":"/api/acts/torres-strait-fisheries-finfish-management-instrument-2020/analysis","conflicts":"/api/acts/torres-strait-fisheries-finfish-management-instrument-2020/conflicts","importantCases":"/api/acts/torres-strait-fisheries-finfish-management-instrument-2020/important-cases","documents":"/api/acts/torres-strait-fisheries-finfish-management-instrument-2020/documents"}}