{"id":"F2018L01044","name":"Torres Strait Fisheries (Tropical Rock Lobster) Management Instrument 2018","slug":"torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97745,"registerId":"commonwealth-F2018L01044-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Torres Strait Fisheries (Tropical Rock Lobster) Management Instrument 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 16 of the Act.","sortOrder":1},{"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) boat;\n    (b) fish;\n    (c) Torres Strait Treaty;\n    (d) Treaty endorsement.\n  In this instrument:\n\n> Act means the Torres Strait Fisheries Act 1984.\n\n> Administration Act means the Fisheries Administration Act 1991\n\n> AFMA staff member means a member of staff assisting the CEO as described in section 68 of the Administration Act.\n\n> allocation day has the meaning given by the Management Plan.\n\n> boat means a boat licenced under the Act to operate in the TRL fishery.\n\n> CEO means the Chief Executive Officer of the Australian Fisheries Management Authority appointed under section 10B of the Administration Act.\n\n> diving equipment means a face mask and fins.\n\n> fishing season means the period commencing on 1 December and ending on 30 September in the following year.\n\n> Note: This definition does not, by implication or otherwise, affect the interpretation of the TIB Fishing Season in subsection 7(2).\n\n> hold, in respect of a licence granted under subsections 19(2) or 19(3) of the Act, includes where a person:\n\n    (a) has been granted the licence; or\n    (b) has been transferred (whether or not on a temporary basis) the licence under section 25 of the Act.\n\n> hookah 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 described as surface supplied breathing equipment or surface supplied breathing apparatus.\n\n> implement means a tool or utensil, including lobster scissors and forceps, but not including nets, explosives and poisons.\n\n> Management Plan means the management plan determined by the PZJA under section 15A of the Act in relation to the TRL fishery as may be in force from time to time.\n\n> officer means:\n\n    (a) an AFMA staff member who is responsible for management of fisheries in the Torres Strait; or\n    (b) a person appointed as an officer under subsection 83(1) of the Fisheries Management Act 1991.\n\n> primary boat licence means a commercial fishing licence that:\n\n    (a) authorises the use of an Australian boat for taking Tropical Rock Lobster in the TRL fishery; and\n    (b) is not a commercial fishing licence that is described as a Torres Strait traditional inhabitant fishing boat licence; and\n    (c) is not a tender boat licence.\n\n> purchased licences: see paragraph 4A(2)(a).\n\n> PZJA means the Protected Zone Joint Authority established under section 30 of the Act.\n\n> PZJA Arrangement means the Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984.\n\n> Regulations means the Torres Strait Fisheries Regulations 1985.\n\n> scoop net means a net not more than 1.5 metres in any dimension having a handle or shaft not longer than 3 metres.\n\n> TAC for the TIB sector (short for Total Allowable Catch for the traditional inhabitant boat sector): see section 4A.\n\n> tender boat licence means a commercial fishing licence that:\n\n    (a) is granted in respect of an Australian boat that is a boat generally known as a tender; and\n    (b) authorises the use of the boat for taking tropical rock lobster in the TRL fishery; and\n    (c) specifies a primary boat, that is the subject of a primary boat licence, with which the tender must operate.\n\n> TIB Fishing Season (short for traditional inhabitant boat Fishing Season): see subsection 7(2).\n\n> Total Allowable Catch means Australia’s share of the allowable catch of Tropical Rock Lobster which is apportioned to Australian boats under article 23 of the Torres Strait Treaty.\n\n> Tropical Rock Lobster means fish of the species Panulirus spp.\n\n> TRL fishery (short for tropical rock lobster fishery) means the area of Australian jurisdiction described by item 9 of Schedule 2 to the Regulations.\n\n> TRL fishing licence has the meaning given by the Management Plan.\n\n> TSRA has the meaning given by subsection 28(1) of the Act.\n\n> TVH licence (short for transferrable vessel holding licence) means a primary boat licence or a tender boat licence that is not held by the TSRA.\n\n> unused quota unit has the meaning given by the Management Plan.","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"TAC for the TIB sector","content":"#### 4A TAC for the TIB sector\n\n  (1) The TAC for the TIB sector is:\n    (a) 66.17% of the Total Allowable Catch; and\n    (b) the percentage of the Total Allowable Catch (if any) that the CEO has determined under subsections (2) or (3).\n  Purchase of primary boat licences or tender boat licences by the TSRA before the snapshot day\n  (2) If:\n    (a) the TSRA has been permanently transferred a primary boat licence or tender boat licence, or primary boat licences and tender boat licences, under section 25 of the Act (the purchased licences); and\n    (b) the transfer occurs before the snapshot day\n  the CEO may determine, by instrument, a percentage of the Total Allowable Catch that the CEO reasonably believes represents the number of quota units that would be allocated to the TSRA under section 15 of the Management Plan having regard to the number of quota units which may be provisionally allocated to the TSRA under subsection 20(6) of the Management Plan.\n\n> Note: The CEO may only make a determination under subsection (2) after a Management Plan has been determined for the TRL fishery.\n\n  Purchase of primary boat licences or tender boat licences by the TSRA on or after the snapshot day\n  (3) If:\n    (a) the TSRA has been permanently transferred the purchased licences;\n    (b) the transfer occurs on or after the snapshot day\n  the CEO may determine, by instrument, a percentage of the Total Allowable Catch that the CEO reasonably believes represents the number of quota units that would be allocated to the transferor of the licence under section 15 of the Management Plan having regard to the number of quota units which may be provisionally allocated to the transferor of the licence under subsection 20(6) of the Management Plan.\n\n> Note: The CEO may only make a determination under subsection (2) after a Management Plan has been determined for the TRL fishery.\n\n  Notification\n  (4) An instrument determined by the CEO under subsections (2) or (3) must:\n    (a) be sent to all persons who hold a licence granted under subsections 19(2) or 19(3) of the Act which authorise the taking, processing or carrying of tropical rock lobster; and\n    (b) be published on the PZJA’s website.\n  (5) The CEO may exercise his or her powers under subsections (2) or (3) from time to time as occasion requires.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Prohibition on taking, processing or carrying Tropical Rock Lobster","content":"#### 6 Prohibition on taking, processing or carrying Tropical Rock Lobster\n\n  Subject to sections 7, 7A, 7B, 7C and 8, the taking, processing or carrying of Tropical Rock Lobster in the area of the TRL 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":4},{"sectionNumber":"7","sectionType":"section","heading":"Licence holders within the TIB Fishing Season","content":"#### 7 Licence holders within the TIB Fishing Season\n\n  (1) A person is exempt from the prohibition in section 6 where:\n    (a) the person holds a licence granted under subsection 19(2) of the Act; and\n    (b) the licence is:\n    (i) not a primary boat licence or a tender boat licence; or\n    (ii) a primary boat licence or a tender boat licence held by the TSRA; and\n    (c) the licence is not suspended under section 26 of the Act; and\n    (d) the licence authorises the person to take, process or carry Tropical Rock Lobster in the TRL fishery; and\n    (e) the person takes, processes or carries Tropical Rock Lobster within the period described in subsection (2) (TIB Fishing Season).\n  (2) The TIB Fishing Season is from 1 December 2018 until the earlier of:\n    (a) 30 September 2019; or\n    (b) the TIB Total Allowable Catch Date.\n\n> Note: A person is not exempt from the prohibition in section 6 by way of subsection (1) at any time after 30 September 2019.\n\n  (3) Subject to subsection (5), the TIB Total Allowable Catch Date is a date determined by the CEO in respect of the TIB Fishing Season.\n  (4) The CEO must not make a determination under subsection (3) in respect of the TIB Fishing Season unless:\n    (a) the CEO reasonably believes that the TAC for the TIB sector will be taken on or before the date to be determined as the TIB Total Allowable Catch Date; and\n    (b) before the determination is made, the CEO notified the Queensland Department of Agriculture and Fisheries and the TSRA of his or her intention to make the determination.\n  (5) If the CEO determines the TIB Total Allowable Catch Date in respect of the TIB Fishing Season, the CEO must send written notice (TIB TAC Notice) of the determination to all persons who hold a licence referred to in paragraphs (1)(a) to (d).\n  (6) In the event that a TIB TAC Notice is not sent at least 5 days before the TIB Total Allowable Catch Date determined under subsection (3), the TIB Total Allowable Catch Date is 5 days after the day on which the notice is sent.","sortOrder":5},{"sectionNumber":"7A","sectionType":"section","heading":"TVH licence holders authorised to take Tropical Rock Lobster","content":"#### 7A TVH licence holders authorised to take Tropical Rock Lobster\n\n  A person is exempt from the prohibition in section 6 where:\n    (a) the person holds a licence granted under subsection 19(2) of the Act; and\n    (b) the licence is a primary boat licence or a tender boat licence, other than a primary boat licence or a tender boat licence held by the TSRA (a TVH licence); and\n    (c) the TVH licence is not suspended under section 26 of the Act; and\n    (d) the person takes, processes or carries Tropical Rock Lobster:\n    (i) in the period commencing 1 December 2018 and ending at the end of the day on 30 September 2019; and\n    (ii) in accordance with the conditions to which their TVH licence is subject under section 22 of the Act.\n\n> Note: Conditions will be imposed on TVH licences limiting the amount of Tropical Rock Lobster that can be taken from the TRL fishery by the TVH licence holder.","sortOrder":6},{"sectionNumber":"7B","sectionType":"section","heading":"TVH licence holders not authorised to take Tropical Rock Lobster","content":"#### 7B TVH licence holders not authorised to take Tropical Rock Lobster\n\n  A person is exempt from the prohibition in section 6 where:\n    (a) the person holds a licence granted under subsection 19(3) of the Act that authorises the person to carry, or to process and carry, Tropical Rock Lobster that have been taken with another boat;\n    (b) the licence is not suspended under section 26 of the Act; and\n    (c) the licence does not authorise the person to take Tropical Rock Lobster in the TRL fishery; and\n    (d) the person carries, or processes and carries, Tropical Rock Lobster in the period commencing 1 December 2018 and ending at the end of the day on 30 September 2019.","sortOrder":7},{"sectionNumber":"7C","sectionType":"section","heading":"First fishing season after the allocation day","content":"#### 7C First fishing season after the allocation day\n\n  (1) This section applies from the first day of the first fishing season after the allocation day.\n\n  \n\n  Person holding unused quota units\n  (2) A person is exempt from the prohibition in section 6 where:\n    (a) the person holds a TRL fishing licence; and\n    (b) the person has unused quota units within the meaning given by the Management Plan; and\n    (c) the person takes, carries or processes tropical rock lobster within a fishing season.\n  Traditional inhabitant sector\n  (3) A person who is a traditional inhabitant is exempt from the prohibition in section 6 where:\n    (a) the person holds a TRL fishing licence; and\n    (b) the person takes, carries or processes tropical rock lobster within a fishing season; and\n    (c) a notice under section 11 of the Management Plan is not in force for the fishing season.\n  Person not required to hold quota\n  (4) A person is exempt from the prohibition in section 6 where:\n    (a) the person holds a licence granted under subsection 19(3) of the Act that authorises the person to carry, or to process and carry, Tropical Rock Lobster that have been taken with another boat;\n    (b) the person carries or processes tropical rock lobster within a fishing season.\n\n> Note: A person holding a licence granted under subsection 19(3) of the Act is not required to hold quota units under the Management Plan.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Treaty endorsements","content":"#### 8 Treaty endorsements\n\n  A person is exempt from section 6 where:\n    (a) he or she takes, carries or processes Tropical Rock Lobster on a boat for which a Treaty endorsement is in force;\n    (b) the person takes, processes or carries Tropical Rock Lobster between 1 December in any given year and 30 September of the following year; and\n    (c) the Tropical Rock Lobster is taken, processed or carried in accordance with conditions specified by the PZJA on the Treaty endorsement under section 22 of the Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Prohibition on taking, processing or carrying undersize Tropical Rock Lobster","content":"#### 9 Prohibition on taking, processing or carrying undersize Tropical Rock Lobster\n\n  (1) The taking, processing or carrying of Tropical Rock Lobster that have a dimension less than those specified in subsection (2) in the TRL 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) For the purpose of subsection (1), the dimensions are that:\n    (a) the length of the carapace of the Tropical Rock Lobster is 90 millimetres when measured in accordance with subsection (3); and\n    (b) the length of the tail of the Tropical Rock Lobster is 115 millimetres when measured in accordance with subsection (4).\n  (3) For the purpose of paragraph (2)(a), the length of the carapace of a Tropical Rock Lobster is to be measured along the dorsal surface from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the carapace.\n  (4) For the purpose of paragraph (2)(b), the length of the tail of a Tropical Rock Lobster is to be measured:\n    (a) in a straight line along the dorsal surface from the anterior margin of the first abdominal somite to the posterior margin of the sixth abdominal somite when the tail is laid flat on a horizontal surface; and\n    (b) with firm downward pressure placed on the third abdominal somite.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Prohibition on the use of certain methods","content":"#### 10 Prohibition on the use of certain methods\n\n  (1) The taking, processing or carrying of Tropical Rock Lobster in the TRL fishery using methods to which subsection (2) applies 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) This subsection applies to all fishing methods apart from collecting by hand or with the use of a spear, scoop net or other implement held in the person’s hand at all times.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Prohibition on the use of certain equipment","content":"#### 11 Prohibition on the use of certain equipment\n\n  (1) The taking, processing or carrying of Tropical Rock Lobster in the TRL fishery with the use of equipment to which subsection (2) applies 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) This subsection applies to:\n    (a) any kind of mechanical equipment that provides underwater propulsion; and\n    (b) any kind of equipment that provides for breathing underwater, excluding hookah gear.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Prohibition on the use, possession or control of hookah gear","content":"#### 12 Prohibition on the use, possession or control of hookah gear\n\n  Subject to section 13, a person is prohibited from using, from having in his or her possession, or from having under his or her control, on a boat in the TRL fishery, any quantity of hookah gear.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.\n\n  13 Hookah gear\n  (1) A person is exempt from section 12 where:\n    (a) the person uses, possesses or has under his or her control, on a boat, hookah gear to take, process or carry Tropical Rock Lobster between 1 February and 30 September in any one year (Hookah Season); and\n    (b) the CEO has not sent the person a notice under subsection (2).\n  (2) The CEO may send notice to a person that the use, possession or control, on a boat, of hookah gear to take, process or carry Tropical Rock Lobster is not permitted during a specified period, or specified periods, within the Hookah Season (Hookah Moontide Notice).\n  (3) Before sending a Hookah Moontide Notice to a person under subsection (2), the CEO must provide a copy of the notice to the Queensland Department of Agriculture and Fisheries and the TSRA.\n  (4) The specified period, or first specified period, in which the use, possession, or control, on a boat, of hookah gear is not permitted in a Hookah Moontide Notice must not be earlier than 5 days after the date the CEO sends the notice to the person.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Prohibition on carrying Tropical Rock Lobster that has been processed","content":"#### 14 Prohibition on carrying Tropical Rock Lobster that has been processed\n\n  The carrying on a boat in the area of the TRL fishery of any part of a Tropical Rock Lobster that has been processed by removing the meat from the shell 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":14},{"sectionNumber":"15","sectionType":"section","heading":"Prohibition on the use, possession or control of diving equipment","content":"#### 15 Prohibition on the use, possession or control of diving equipment\n\n  Subject to section 16, a person is prohibited from using, having in his or her possession, or having under his or her control, on a boat, any quantity of diving equipment for taking, processing or carrying Tropical Rock Lobster in the TRL fishery between 1900 hours and 0600 hours (Australian Eastern Standard Time) unless the diving equipment is stowed and secured.\n\n> Note: This prohibition does not apply to traditional inhabitants engaged in traditional fishing due to application of the PZJA Arrangement.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Permission to use, possess or control diving equipment","content":"#### 16 Permission to use, possess or control diving equipment\n\n  A person is exempt from section 15 where an officer has given written permission to a person to use or to have in his or her possession, or under his or her control on a boat, diving equipment between 1900 hours and 0600 hours in the following day (Australian Eastern Standard Time).","sortOrder":16}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument appears focused on its original purpose of managing the Tropical Rock Lobster fishery with specific provisions for traditional inhabitant rights and commercial quotas. While detailed, the scope remains tightly constrained to fishery management without obvious mission creep."},"complexity_factors":["24 defined terms in section 4, with many cross-referencing external documents (Management Plan, Act, Regulations, Treaty)","Nested conditional exemptions across sections 7, 7A, 7B, 7C and 8, each with multiple qualifying criteria","Temporal complexity: different rules apply to different time periods (pre/post 'allocation day', 'snapshot day', specific dates in 2018-2019, and ongoing fishing seasons)","Dual-track licensing system requiring understanding of TIB vs TVH distinctions, primary vs tender boat licences, and TSRA-held vs privately-held licences","Percentage-based quota calculations with CEO discretion (section 4A) requiring reference to provisional allocations in an external Management Plan","Multiple interacting prohibitions with specific exemptions (sections 12-16 on equipment) creating a patchwork of permitted/prohibited conduct","External document dependencies: instrument cannot be fully understood without reference to the Management Plan, Torres Strait Treaty, PZJA Arrangement, and multiple Acts"],"plain_english_summary":"This instrument regulates Tropical Rock Lobster fishing in the Torres Strait by setting licensing, quota and operational rules that split catch between Traditional Inhabitant Boat (TIB) fishers (66.17%) and Transferable Vessel Holding (TVH) commercial licences. It fixes season dates, size and gear limits, night‑diving and processing restrictions, and conditional use of hookah gear.\n\nIt affects licensed commercial fishers, traditional Torres Strait inhabitants, the TSRA and AFMA, and aims to protect stocks, uphold treaty rights and balance Indigenous and commercial access."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument remains a sector‑specific management instrument implementing catch allocation, seasonal access, gear and method restrictions, and administrative powers under the Torres Strait Fisheries Act 1984. Its provisions operate within the Act’s established authority and rely on external instruments (the Management Plan, PZJA Arrangement, Regulations) for quota mechanics. It does not broaden the regime beyond managing the TRL fishery (quota allocation, gear/season rules and administrative notices) and therefore does not represent a material enlargement of scope beyond the Act’s original fisheries‑management purpose."},"complexity_factors":["Extensive defined terms in section 4 referencing the Act, Management Plan and Regulations (≈30+ defined items).","Multiple cross‑references to external instruments and plans (Act, Management Plan, Regulations, PZJA Arrangement, snapshot day, allocation day).","Conditional allocations and discretionary CEO instruments (s4A(2)-(3), s4A(5)) with notification/publication requirements (s4A(4)).","Time‑limited and overlapping seasonal rules (TIB Fishing Season, Hookah Season, Hookah Moontide Notices, night‑time diving restrictions).","Numerous licence‑type specific exemptions and exclusions (ss7, 7A, 7B, 7C, 8) creating branching logic for who may fish when and how.","Nested exceptions (e.g. general prohibitions subject to multiple separate exemption regimes and a separate PZJA Arrangement carve‑out noted throughout).","Precise technical requirements (measurement methods for size limits in s9) increasing enforcement complexity.","Procedural safeguards that add complexity: required consultations and minimum notice periods (ss7(4), 7(5), 13(2)–(4))."],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Establishes detailed rules for managing the Tropical Rock Lobster (TRL) fishery in the Torres Strait under the Torres Strait Fisheries Act 1984 (the Act). (s1, s3, definitions)\n- Allocates a fixed share of Australia’s catch to the Traditional Inhabitant Boat (TIB) sector: 66.17% of the Total Allowable Catch (TAC) plus any additional percentage the CEO may determine in limited circumstances tied to licence transfers to the Torres Strait Regional Authority (TSRA). (s4A)\n- Creates a time‑limited TIB Fishing Season running from 1 December 2018 until 30 September 2019 or earlier if the CEO declares the TIB TAC has been taken (the “TIB Total Allowable Catch Date”). The CEO must notify licence holders and state authorities before declaring that date. (s7)\n- Specifies who may lawfully take, process or carry tropical rock lobster during the TIB Fishing Season and after allocation processes start: exemptions for licence types, for TSRA‑held licences, for transferrable vessel holding (TVH) licences subject to licence conditions, for certain carrier/processors, and for traditional inhabitants under the PZJA Arrangement. (ss6–8, 7A–7C, 8)\n- Sets biological size limits for lobsters: carapace length 90 mm and tail length 115 mm, with precise measurement methods. (s9)\n- Prohibits most fishing methods and equipment, allowing only hand collection, spears, scoop nets or handheld implements; bans mechanical underwater propulsion and most underwater breathing equipment (but excludes hookah gear from that exclusion). (ss10–11)\n- Makes hookah gear (surface‑supplied breathing equipment) generally prohibited on boats in the TRL fishery, subject to an annual Hookah Season (1 Feb–30 Sep) and to CEO power to issue “Hookah Moontide Notices” that suspend hookah use for specified periods. The CEO must consult Queensland and TSRA before issuing such a notice and must give at least 5 days’ notice. (ss12–13)\n- Prohibits carrying lobster meat (processed by removing meat from shell) on a boat. (s14)\n- Restricts diving equipment use at night (1900–0600 AEST) unless an officer gives written permission. (ss15–16)\n\n**Who this affects**\n\n- Commercial licence‑holders in the TRL fishery: primary boat licences, tender boat licences, TVH licences, and holders of processing/carry licences (ss4 definitions, 7–7B).  \n- The Torres Strait Regional Authority (TSRA), which can hold licences and receive allocated quota via licence transfers (s4A(2)–(3)).  \n- Traditional inhabitants of the Torres Strait engaged in traditional fishing; the instrument repeatedly notes that many prohibitions do not apply to them because of the PZJA Arrangement (see multiple notes to provisions).  \n- The CEO (AFMA) and officers: they make discretionary allocations, set TIB TAC dates, issue notices affecting hookah use and diving permissions, and must notify Queensland and TSRA in several instances (ss4A, 7(3)–(6), 13(2)–(3), 16).  \n\n**Why it matters (stated purposes and practical effects)**\n\n- Purpose claimed: to manage and restrict how, when and by whom Tropical Rock Lobster are taken in the Torres Strait, including dividing catch between traditional inhabitant and other sectors (s4A; ss6–8).  \n\n- Practical effects on behaviour, costs and incentives:\n  - Allocation and concentrated benefit: a specified majority of the TAC (66.17%) is earmarked for the TIB sector; the CEO may further adjust that percentage when licences move to TSRA, which concentrates quota with TSRA (s4A). Who benefits most: licence transferees (TSRA) and holders of exempted licences during the TIB season. Who bears costs: non‑TIB fishers whose access and allowable catch are mechanically constrained (ss4A, 7A–7B).\n  - Operational constraints and compliance costs: bans on mechanical propulsion and most underwater breathing apparatus, limits on night‑time diving without written permission, and prohibition on carrying processed lobster meat will change on‑boat equipment choices, crew practices and on‑shore logistics (ss10–16, 14). These rules reduce some fishing methods (lowering certain efficiencies) and increase compliance burdens (recordkeeping, permissions, observing notices).\n  - Discretion and timing risk: the CEO has repeated discretionary powers (to set additional TAC percentages tied to licence purchases, to declare the TIB TAC date, and to issue hookah suspension notices). Those powers require consultation and notification in some cases (s4A(4); s7(3)–(5); s13(2)–(3)), but they introduce administrative uncertainty for fishers planning effort and investment.\n  - Substitution effects: by banning mechanical propulsion and certain breathing equipment, fishers may substitute more labour‑intensive methods (hand collection, spear), shift effort to permitted seasons, or move to other fisheries—affecting productivity and costs (ss10–11, definitions of allowed implements).\n  - Enforcement and monitoring burden: size measurements are precisely specified (s9), and limits are seasonal and licence‑type specific, increasing the monitoring and enforcement complexity for AFMA and compliance costs for industry.\n\n**Concrete implementation features and procedural checks**\n\n- CEO instruments and notices: any CEO determination under s4A(2)–(3) must be sent to all relevant licence holders and published on the PZJA website (s4A(4)). TIB TAC Date notices must be issued to licence holders; if insufficient notice is provided the date is automatically extended by 5 days (s7(5)–(6)). Hookah Moontide Notices require prior provision to Queensland and the TSRA and at least 5 days’ notice before coming into effect (s13(2)–(4)).\n- Cross‑referencing: the instrument repeatedly relies on definitions and quota mechanics in the Management Plan, the Act, the Regulations and the PZJA Arrangement (definitions and multiple sections). Several key terms used (allocation day, snapshot day, Management Plan quota units, unused quota unit) are defined outside this instrument.\n\n**Risks, trade‑offs and administrative costs to watch for**\n\n- Discretion vs predictability: CEO powers (s4A, s7, s13) allow responsive management but create uncertainty for fishers planning trips or capital expenditure.\n- Concentrated allocation effects: the fixed 66.17% TIB share (s4A(1)(a)) and the mechanism for additional allocation to TSRA via licence purchases (s4A(2)–(3)) create concentrated benefits that may reduce available TAC for other commercial fishers.\n- Compliance and enforcement resources: detailed size measurement rules (s9), time‑specific gear bans (ss10–16), and notification procedures impose monitoring and administrative costs on regulators and compliance costs on industry.\n- Implementation dependencies: many operative effects depend on the Management Plan, PZJA decisions, the Act, and external dates (snapshot day, allocation day), so the instrument is part of a broader regulatory architecture rather than a stand‑alone regime.\n\n**Key sections to consult quickly**\n- TAC and TSRA licence purchase effect: s4A\n- Prohibition and exemptions by licence type and season: ss6–8, 7A–7C\n- Gear and method bans, hookah and diving rules: ss10–16\n- Minimum sizes: s9\n\n(References in parentheses are to the section numbers of the instrument.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018","history":"/api/acts/torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018/history","analysis":"/api/acts/torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018/analysis","conflicts":"/api/acts/torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018/conflicts","importantCases":"/api/acts/torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018/important-cases","documents":"/api/acts/torres-strait-fisheries-tropical-rock-lobster-management-instrument-2018/documents"}}