{"id":"F2025L01636","name":"Torres Strait Fisheries (Spanish Mackerel) Management Instrument 2025","slug":"torres-strait-fisheries-spanish-mackerel-management-instrument-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443115,"registerId":"F2025L01636-fast-fetch-1775958032242","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Torres Strait Fisheries (Spanish Mackerel) Management Instrument 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nTorres Strait Fisheries (Spanish Mackerel) Management Instrument 2025\n\nThe Protected Zone Joint Authority make the following instrument.\n\nDated 19 December 2025 \n\n \n\nThe Hon Julie Collins MP, Commonwealth Minister for Agriculture, Fisheries and Forestry\n\n\nThe Hon Anthony (Tony) Perrett MP, Queensland Minister for Primary Industries\n\n\nMr George Nona, Chairperson, Torres Strait Regional Authority\n\n\n\nFor and on behalf of the Protected Zone Joint Authority\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Schedules\n\n6 Prohibition on taking, processing or carrying mackerel\n\n7 Treaty endorsements\n\n8 Prohibition on taking, processing or carrying undersize mackerel\n\n9 Prohibition on the use of certain methods\n\n10 Prohibition on the use of certain equipment\n\n11 Prohibition on the use of certain methods in certain areas for sunset licence holders\n\nSchedule 1—Repeals\n\nTorres Strait Fisheries Management Instrument No. 14\n\n \n\n \n\n1 Name\n\n This instrument is the Torres Strait Fisheries (Spanish Mackerel) Management Instrument 2025.\n\n2 Commencement\n\n This instrument commences on the day after it is registered on the Federal Register of Legislation.\n\n3 Authority\n\n This instrument is made under section 16(1) and section 35(1)(a) of the Act.\n\n4 Definitions\n\nNote: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:\n\n1. boat;\n2. fish;\n3. Torres Strait Treaty;\n4. traditional inhabitant;\n5. traditional fishing.\n\n\n In this instrument:\n\nAct means the Torres Strait Fisheries Act 1984.\n\nfinfish means all fish of the superclass Pisces other than:\n\n1. mackerel; and\n2. tuna (Thunnus spp.); and\n3. skipjack tuna (Katsuwomus pelamis); and\n4. fish of the family Bramidae (known as pomfrets); and\n5. fish of the familis Istiophoridae by Xiphiidea (known as billfish).\n\n\nfinfish fishery means the area of the finfish fishery prescribed in item 4 of the table in Schedule 2 to the Regulations.\n\nfinfish licensed person means a person who is a licensed person that is authorised to take, process or carry finfish in the finfish fishery.\n\nhandlining means fishing by hand using line fishing apparatus where each line fishing apparatus has no more than 6 hooks attached to it and no more than 3 line fishing apparatus are being used for fishing.\n\nlicensed 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\nline fishing apparatus means any combination of one or more of the following:\n\n1. hand held fishing lines; and\n2. fishing rods; and\n3. mechanically operated fishing reels and lines.\n\n\nmackerel means species of fish that are:\n\n1. grey mackerel (Scomberomorus semifasciatus); and\n2. school mackerel (Scomberomorus queenslandicus); and\n3. shark mackerel (Grammatorcynus bicarinatus); and\n4. Spanish mackerel (Scomberomorus commerson); and\n5. spotted mackerel (Scomberomorus munroi).\n\n\nmackerel fishery means the area of the Spanish mackerel fishery prescribed in item 7 of the table in Schedule 2 to the Regulations.\n\nmackerel licensed person means a person who is a licensed person that is authorised to take, process or carry mackerel in the mackerel fishery.\n\nPZJA Arrangement means the document titled “Arrangement between the Commonwealth and the State of Queensland under section 31of 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\nNote: The PZJA Arrangement can be viewed on the website of the Federal Register of Legislation (https://www.legislation.gov.au/F2008B00750).\n\nRegulations means the Torres Strait Fisheries Regulations 1985.\n\nSunset licence holder means, in respect of a licence granted under subsection 19(2) of the Act that authorises the taking, processing or carrying of mackerel in the mackerel fishery, a person who has been temporarily transferred such a licence under section 25 of the Act.\n\ntrolling means a fishing method where lures or baits attached to line fishing apparatus are towed behind a slowly moving boat.\n\n5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6 Prohibition on taking, processing or carrying mackerel\n\n1. The taking, processing or carrying of mackerel in the area of the mackerel fishery is prohibited.\n2. A person is exempt from the prohibition in subsection 6(1) when the person is a mackerel licensed person.\n3. A person is exempt from the prohibition in subsection 6(1) when the person is a finfish licensed person, other than a finfish licensed person who has been temporarily transferred such a licence under section 25 of the Act, and the person does not possess any more than 20 kilograms of mackerel in any form.\n\n\nNote: This prohibition does not apply to traditional fishing because traditional fishing is excluded from the definition of commercial fishing and as such, cannot be a Protected Zone Joint Authority fishery under the PZJA Arrangement.\n\n7 Treaty endorsements\n\n A person is exempt from subsection 6(1) where:\n\n1. he or she takes, processes or carries mackerel on a boat for which a Treaty endorsement under section 20 of the Act is in force; and\n2. the mackerel is taken, processed or carried in accordance with the conditions specified in the Treaty endorsement under section 22 of the Act.\n\n\n8 Prohibition on taking, processing or carrying undersize mackerel\n\n1. The taking, processing or carrying of mackerel of a species listed in an item in column 1 of the table that is less than the length specified in column 2 of the table by a mackerel licensed person is prohibited.\n\n\n \n\n| Item | Column 1
Species of mackerel` | Column 2
Minimum length (centimetres) |\n| --- | --- | --- |\n| 1 | grey mackerel (Scomberomorus semifasciatus) | 75 |\n| 2 | school mackerel (Scomberomorus queenslandicus) | 50 |\n| 3 | shark mackerel (Grammatorcynus bicarinatus) | 50 |\n| 4 | Spanish mackerel (Scomberomorus commerson) | 75 |\n| 5 | spotted mackerel (Scomberomorus munroi) | 60 |\n\n\n \n\n1. For the purposes of subsection 8(1), the length of a fish is taken to be the longest of the following measurements:\n 1. the point of the snout to the end of the tail fin; or\n 2. the point of the snout to the end of the caudal fin; or\n 3. the tip of the lower jaw to the end of the tail fin; or\n 4. the tip of the lower jaw to the end of the caudal fin.\n\n\nNote: This prohibition does not apply to traditional fishing because traditional fishing is excluded from the definition of commercial fishing and as such, cannot be a Protected Zone Joint Authority fishery under the PZJA Arrangement.\n\n9 Prohibition on the use of certain methods\n\n1. The taking of mackerel by a mackerel licensed person using methods to which subsection (2) applies is prohibited.\n\n\nNote: This prohibition does not apply to traditional fishing because traditional fishing is excluded from the definition of commercial fishing and as such, cannot be a Protected Zone Joint Authority fishery under the PZJA Arrangement.\n\n1. This subsection applies to:\n 1. all fishing methods other than trolling or handlining.\n\n\n10 Prohibition on the use of certain equipment\n\n1. The taking of mackerel by a mackerel licensed person using equipment to which subsection (2) applies is prohibited.\n\n\nNote: This prohibition does not apply to traditional fishing because traditional fishing is excluded from the definition of commercial fishing and as such, cannot be a Protected Zone Joint Authority fishery under the PZJA Arrangement.\n\n1. This subsection applies to all fishing equipment other than line fishing apparatus.\n\n\n \n\n11 Prohibition on the use of certain methods in certain areas for sunset licence holders\n\nThe taking of mackerel by a sunset licence holder in the area of the Australian territorial sea surrounding Bramble Cay and Black Rocks:\n\n1. is prohibited between the hours of 0930 and 1500 (Australian eastern standard time) each day during the months of August to December in a given year; and\n2. outside the time periods set out in subsection(1), is prohibited by all fishing methods other than trolling.\n\n\nNote: This prohibition does not apply to traditional fishing because traditional fishing is excluded from the definition of commercial fishing and as such, cannot be a Protected Zone Joint Authority fishery under the PZJA Arrangement.\n\n \n\n\n\n\nSchedule 1—Repeals\n\nTorres Strait Fisheries Management Instrument No. 14\n\n1 The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain the established scope of Torres Strait fisheries management. It replaces a previous instrument (No. 14) with updated provisions but does not expand beyond the traditional boundaries of Spanish mackerel fishery regulation in the Protected Zone. The core framework—licensing system, method restrictions, size limits, and Treaty endorsements—remains consistent with the original intent of the Torres Strait Fisheries Act 1984."},"complexity_factors":["Multiple nested exemption structures (general prohibition → exemptions for licensed persons → sub-exceptions for sunset licence holders → further time/area restrictions)","Cross-references to external documents: Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, and the PZJA Arrangement (a 1999 intergovernmental agreement)","Defined terms rely on definitions in the parent Act (section 3) plus 11 new defined terms in the instrument itself","Measurement rules for fish length include 4 alternative methods (snout-to-tail, snout-to-caudal, lower jaw-to-tail, lower jaw-to-caudal)","Temporal and spatial restrictions combined (specific hours + specific months + specific geographic coordinates implied by 'Bramble Cay and Black Rocks')","Distinction between 'mackerel licensed person', 'finfish licensed person', and 'sunset licence holder' creates overlapping but distinct regulatory categories"],"plain_english_summary":"This instrument tightly regulates Spanish mackerel fishing in Torres Strait: it prohibits most people from taking mackerel, allowing only licensed commercial fishers and those with Treaty endorsements, sets minimum size limits, limits methods to trolling and restricted handlining, and bans non‑line gear. It permits up to 20 kg of incidental mackerel for other finfish licensees and imposes time/method limits for temporary “sunset” licence holders around Bramble Cay and Black Rocks.\n\nTraditional inhabitants are fully exempt."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the earlier Instrument No.14 and replaces it with a new regulatory framework that: (a) broadly prohibits taking, processing or carrying mackerel in the mackerel fishery while specifying licence- and Treaty-based exemptions; (b) imposes species-specific size limits and measurement rules; (c) bans most methods and non-line equipment for commercial mackerel fishing; and (d) adds targeted time/area restrictions for sunset licence holders around Bramble Cay and Black Rocks (see ss.5–11, Schedule 1)."},"complexity_factors":["Multiple licence categories and tailored exemptions (mackerel licensed person; finfish licensed person with 20 kg limit; sunset licence holder; Treaty endorsements) (ss.6–7)","Species-specific minimum length table and detailed rules for measuring fish length (s.8)","Broad prohibitions on methods and equipment with narrow exceptions (trolling and handlining allowed; only line fishing apparatus permitted) (ss.9–10)","Spatial and temporal restriction applying only to sunset licence holders in the Australian territorial sea around Bramble Cay and Black Rocks (s.11)","Cross-references to the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, and the PZJA Arrangement/Torres Strait Treaty creating dependence on external instruments (ss.3–4, notes)","Repeal of an earlier instrument (Torres Strait Fisheries Management Instrument No.14) so operational scope and obligations change (Schedule 1)","Defined-term layering (mackerel vs finfish, handlining, trolling, line fishing apparatus) requiring interpretation across provisions (s.4)","Exclusion of traditional fishing from these prohibitions creates parallel regulatory regimes and potential compliance/verification burdens (notes across ss.6–11)"],"plain_english_summary":"This instrument replaces the prior management instrument and makes it unlawful to take, process or carry mackerel in the Torres Strait mackerel fishery except where a person is expressly authorised (mackerel licence, limited finfish licence up to 20 kg, or a Treaty-endorsed boat) (ss.5–7). It sets species-specific minimum lengths, bans most fishing methods and non-line equipment for commercial mackerel fishing, and creates time and area limits for sunset licence holders around Bramble Cay and Black Rocks (ss.8–11)."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-spanish-mackerel-management-instrument-2025","history":"/api/acts/torres-strait-fisheries-spanish-mackerel-management-instrument-2025/history","analysis":"/api/acts/torres-strait-fisheries-spanish-mackerel-management-instrument-2025/analysis","conflicts":"/api/acts/torres-strait-fisheries-spanish-mackerel-management-instrument-2025/conflicts","importantCases":"/api/acts/torres-strait-fisheries-spanish-mackerel-management-instrument-2025/important-cases","documents":"/api/acts/torres-strait-fisheries-spanish-mackerel-management-instrument-2025/documents"}}