{"id":"F2025L01638","name":"Torres Strait Fisheries (Trochus) Management Instrument 2025","slug":"torres-strait-fisheries-trochus-management-instrument-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443113,"registerId":"F2025L01638-fast-fetch-1775958032235","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Torres Strait Fisheries (Trochus) Management Instrument 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTorres Strait Fisheries (Trochus) 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\n\nFor and on behalf of the Protected Zone Joint Authority\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 trochus\n\n7  Prohibition on the use of certain methods and equipment\n\n8  Prohibition on taking, processing or carrying of trochus of a certain size\n\nSchedule 1—Repeals\n\nTorres Strait Fisheries Management Instrument No. 13\n\n \n\n \n\n1  Name\n\n  This instrument is the Torres Strait Fisheries (Trochus) 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.      fish\n2.      traditional inhabitant\n3.      traditional fishing.\n\n\n  In this instrument:\n\nAct means the Torres Strait Fisheries Act 1984.\n\nhookah gear means equipment to enable a person to breathe underwater where the air is supplied from either an air compressor or one or more air cylinders above the surface of the water, and includes equipment which may be described as surface supplied breathing equipment or surface supplied breathing apparatus.\n\nPZJA 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\nNote: The PZJA Arrangement could be viewed on the website of the Federal Register of Legislation at:https://www.legislation.gov.au/Details/F2008B00750.\n\nRegulations means the Torres Strait Fisheries Regulations 1985.\n\ntrochus means fish of the species Tectus niloticus (previously Trochus niloticus).\n\ntrochus fishery means the area of the trochus fishery prescribed in item 8 of Schedule 2 to the Torres Strait Fisheries Regulations 1985.\n\ntrochus licensed person means a person who has been granted a licence under subsection 19(2), 19(3) or 19(4A) of the Act that authorises the taking, processing or carrying of trochus in the trochus fishery.\n\nunderwater breathing apparatus includes hookah gear and self-contained underwater breathing apparatus (known as SCUBA).\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 trochus\n\n1.  The taking, processing or carrying of trochus in the area of the trochus fishery 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.  A person is exempt from the prohibition in subsection (1) when:\n  1.     The person is a trochus licensed person.\n\n\n7  Prohibition on the use of certain methods and equipment\n\n1.  The taking, processing or carrying of trochus by a trochus licensed person is prohibited by a fishing method or with equipment other than:\n  1.     by hand; and\n  2.     without the use of underwater breathing apparatus.\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\n8  Prohibition on taking, processing or carrying of trochus of a certain size\n\n1.  The taking, processing or carrying of trochus by a trochus licensed person is prohibited where, measured in their original form as fished, the trochus are less than 80 millimetres or more than 125 millimetres, at the widest part of the base of the shell.\n\n\n Note:  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\nSchedule 1—Repeals\n\nTorres Strait Fisheries Management Instrument No. 13\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \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":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the established scope of Torres Strait fisheries management. It replaces a previous instrument (No. 13) with updated but functionally similar restrictions on the trochus fishery. The scope remains tightly focused on regulating commercial trochus harvesting through licensing, gear restrictions, and size limits — consistent with the original intent of the Torres Strait Fisheries Act 1984 to manage shared fisheries sustainably while preserving traditional fishing rights."},"complexity_factors":["Short length (8 sections plus a repeal schedule)","Only 7 defined terms in the instrument itself (plus references to Act definitions)","Simple conditional structure: general prohibition followed by specific exemptions","No nested exceptions or complex cross-referencing beyond basic references to the parent Act and Regulations","Straightforward operational rules (hand collection only, no scuba, size limits)","Single repeal item in Schedule"],"plain_english_summary":"This instrument replaces the prior rules and regulates commercial harvesting of trochus (Tectus niloticus) in the Torres Strait by prohibiting take, processing, or carriage except by holders of a trochus licence. Licensed commercial fishers may only collect by hand (no scuba or hookah) and must respect size limits (80–125 mm shell base).\n\nTraditional inhabitants are excluded from these commercial restrictions. The rules aim to reduce overfishing, protect breeding stocks, and limit pressure on deeper populations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals Torres Strait Fisheries Management Instrument No.13 (Schedule 1) and replaces management rules with a near‑total prohibition on taking, processing or carrying trochus in the trochus fishery subject to a licence exemption, method restrictions (hand only, no underwater breathing apparatus) and strict size limits (80–125 mm) (ss6–8). Because it removes the earlier instrument and imposes these specific limits, the regulated scope of who may lawfully harvest and how they may do so is altered from the prior instrument’s terms (Schedule 1; ss6–8)."},"complexity_factors":["Cross-references to the Torres Strait Fisheries Act 1984 for authority and definitions (s3: Authority; s4: note referring to section 3 of the Act).","Reliance on licence categories created by the Act (trochus licensed person = licence under ss19(2), 19(3) or 19(4A) of the Act) increases administrative dependency on external statute and permitting processes (s4 definition).","Explicit operational prohibitions with narrow exemptions (total prohibition with licence exemption) concentrate compliance obligations on a small regulated group (s6(1)–(2)).","Technical method restriction: only hand collection allowed and a ban on underwater breathing apparatus for licensed persons creates enforcement and equipment-interpretation issues (definitions of hookah gear and underwater breathing apparatus; s7(1)).","Precise biological measurement requirement (‘measured in their original form as fished’ and 80–125 mm at widest part of base) creates practical inspection, measuring and disputation points at landing and processing (s8(1)).","Repeal of the previous instrument in full (Schedule 1) means changes may be substantive but require comparison with the repealed instrument for full scope analysis (Schedule 1).","Commencement tied to registration on the Federal Register of Legislation affects timing and short implementation window for industry to adapt (s2).","References to the PZJA Arrangement and Regulations introduce interjurisdictional and subsidiary-document dependence for interpretation and enforcement (s4 notes)."],"plain_english_summary":"This instrument bans taking, processing or carrying trochus in the Torres Strait trochus fishery except for people holding a trochus licence, and for licensed fishers limits collection to hand only (no underwater breathing apparatus) and sets shell-size limits of 80–125 mm. It also repeals the earlier Management Instrument No.13. The measures directly affect commercial trochus harvesters (licensing, gear and sizing compliance) while traditional fishing is excluded; enforcement and licence authority are exercised under the Torres Strait Fisheries Act and Regulations."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-trochus-management-instrument-2025","history":"/api/acts/torres-strait-fisheries-trochus-management-instrument-2025/history","analysis":"/api/acts/torres-strait-fisheries-trochus-management-instrument-2025/analysis","conflicts":"/api/acts/torres-strait-fisheries-trochus-management-instrument-2025/conflicts","importantCases":"/api/acts/torres-strait-fisheries-trochus-management-instrument-2025/important-cases","documents":"/api/acts/torres-strait-fisheries-trochus-management-instrument-2025/documents"}}