Torres Strait Fisheries (Crab) Management Instrument 2025

The instrument deploys a small number of regulatory levers to control commercial crab activity in the crab fishery. These levers, and the key definitional building blocks that make them operable, are:

• Scope by species and geography. “Crab” is limited to fish of the infraorders Anomura and Brachyura other than spanner crabs (Ranina ranina) (s 4). The geographic scope is the “area of the crab fishery” as prescribed in item 2 of Schedule 2 to the Torres Strait Fisheries Regulations 1985 (s 4). The instrument therefore applies to a defined species set and to a regulationally prescribed fishery area.

• Universal prohibition with a licenced-person carve out. The starting point is a universal prohibition on taking, processing or carrying crab in the crab fishery (s 6(1)). The operative commercial activity is then authorised for persons holding a crab licence issued under specified subsections of the Act (the instrument defines “crab licenced person” as a person granted a licence under s 19(2), 19(3) or 19(4A) of the Act) (s 4). The exemption for licenced persons is, however, subject to an explicit exclusion for the taking or carrying of female crabs (s 6(2) as framed).

• Effort control by apparatus count. The instrument caps the number of crab apparatus that a crab licenced person may use or have in possession or under control in commercial fishing at 50 (s 7(1)). The instrument clarifies that this apparatus limit applies both on a boat and without the use of a boat (note to s 7(1)).

• Selective biological protection via size limits. A minimum carapace width of 150 mm applies when measured across the widest part of the carapace; where the carapace is missing, the instrument prescribes alternate measurement points and species‑specific minima (blue swimmer crabs 37 mm; mud crabs 46 mm) (s 8(1)-(2)). These are explicit morphological measurement rules for determining lawful take.

• Vessel‑size control. The instrument prevents crab commercial activity by licenced persons where the boat used is longer than 14 metres (s 9(1)).

• Marking and traceability of gear. Crab apparatus on boats must carry a tag with the owner’s name and a light‑coloured float at least 150 mm in any dimension on which the boat’s distinguishing numbers are recorded (s 10(1)(a)-(b)). This creates a direct link between gear, owner and boat identifier.

• Interaction with existing instruments. The instrument expressly repeals an earlier management notice (Torres Strait Fisheries Management Notice No. 50) (Schedule 1). It also cross‑references the Torres Strait Fisheries Regulations 1985 and the PZJA Arrangement (s 4).

These concepts are combined to allow licenced commercial activity but to tightly condition that activity by gear counts, size thresholds, vessel size and gear marking. Traditional fishing is repeatedly carved out from the operative prohibitions (notes throughout).

The instrument targets a narrow set of actors and excludes another clearly defined class. The immediate persons and entities affected are:

• Crab licenced persons. The instrument defines this class as persons granted a licence under s 19(2), 19(3) or 19(4A) of the Torres Strait Fisheries Act 1984 (s 4). For those persons, the instrument creates both exemptions and regulatory obligations: licences are the gate to lawful commercial activity in the crab fishery (s 6(2)), but licence‑holders must comply with apparatus limits (s 7(1)), size minima (s 8), vessel length constraints (s 9(1)) and marking requirements for apparatus (s 10(1)).

• Owners and operators of boats used for crab commercial activity. The prohibition in s 9(1) forbids the use of boats longer than 14 metres for taking, processing or carrying crab by a crab licenced person. The requirement that floats display the distinguishing numbers of the licenced person’s boat (s 10(1)(b)) makes boat identification central to gear compliance. Owners of apparatus that may be used from boats (or on shore) are also affected by the apparatus tagging requirement (s 10(1)(a)).

• Persons using or controlling crab apparatus in the crab fishery. The 50‑apparatus limit applies to a crab licenced person’s use or possession or control of crab apparatus in commercial fishing and applies on a boat and without the use of a boat (s 7(1) and note). Anyone who supplies, stores or otherwise controls gear on behalf of a licenced person will need to consider who is “in possession or under control” for compliance purposes.

• Suppliers, processors and carriers. The initial prohibition is on taking, processing or carrying crab (s 6(1)). While the exemption is framed to allow licenced persons to engage in these activities (with the female‑crab caveat), processors and carriers operating outside the licensing regime are subject to the blanket prohibition. The instrument does not itself create new processor licencing categories, but it makes lawful processing and carrying conditional on being a crab licenced person.

• Traditional fishers and traditional inhabitants. The instrument twice and explicitly notes that its prohibitions do not apply to traditional fishing because traditional fishing is excluded from the definition of commercial fishing and therefore cannot be a PZJA fishery under the PZJA Arrangement (notes after s 6(1), s 7(1), s 8 and s 9). Thus traditional fishing activity, as defined in s 3 of the Act and as excluded from commercial fishing, falls outside this instrument’s regulatory reach.

• Those with gear that is not “crab apparatus” or catches outside the definition of “crab”. Spanner crabs (Ranina ranina) are excluded from the definition of “crab” for the instrument’s purposes (s 4), so the instrument’s prohibitions do not apply to that species.

Who does not appear to be immediately affected: unlicenced commercial operators wishing to fish in the crab fishery are barred from taking, processing or carrying crab (s 6(1)), and licenced persons acting contrary to the device limits, size minimums, boat length limit or marking requirements commit acts that the instrument prohibits. The instrument does not itself create new licence types; it presumes the licence framework under s 19 of the Act as the entry point.

The instrument establishes a compact list of duties placed on crab licenced persons and related actors, and a single right‑like exemption. Each duty and the exemption is stated in the text; practitioners should read the instrument language carefully as some operative carve‑outs are narrowly framed.

Primary duties (obligations established by the instrument)

• Do not take, process or carry crab in the crab fishery unless you are a crab licenced person and subject to the instrument’s other conditions (s 6(1)-(2)). The prohibition is blanket in s 6(1); the instrument then provides an exemption tied to holding a crab licence (s 6(2)), but with a specific exception for taking or carrying female crabs (see complexities below).

• Limit number of crab apparatus. A crab licenced person must not use or have in possession or under control more than 50 crab apparatus in the course of commercial fishing (s 7(1)). The instrument notes this limit applies both on a boat and when not using a boat (note to s 7(1)).

• Observe size minima. A crab licenced person may only take, process or carry crabs that meet the measurement thresholds: carapace not less than 150 mm across the widest part (s 8(1)(a)); where the carapace is missing measure between specific notches and comply with species‑specific minima (blue swimmer crabs 37 mm, mud crabs 46 mm) (s 8(1)(b)-(2)). The instrument specifies the exact measurement points when carapace is missing.

• Use only boats of permitted length. A crab licenced person may not engage in taking, processing or carrying crab using a boat longer than 14 metres (s 9(1)).

• Mark and identify apparatus on boats. On a boat in the crab fishery, crab apparatus must have a tag affixed bearing the owner’s name and a light‑coloured float of at least 150 mm with the distinguishing numbers of the licenced person’s boat recorded on it (s 10(1)(a)-(b)).

Rights and exemptions

• Licence‑based exemption from the general prohibition. The instrument gives crab licence holders an exemption from the general prohibition in s 6(1) , but the exemption does not extend to the taking or carrying of female crabs (s 6(2)). The instrument therefore treats licenced commercial activity as lawful subject to the instrument’s conditions, but it keeps female crabs protected from take and carriage by operation of the qualifying language.

Interpretative features practitioners should note

• The instrument’s repeated notes state that traditional fishing is excluded because traditional fishing is outside the definition of commercial fishing and therefore not a PZJA fishery (notes to s 6, s 7, s 8 and s 9). That is a definitional exclusion, not an operational exemption administered under this instrument.

• The instrument distinguishes between owner’s name on a tag and the boat’s distinguishing numbers on a float (s 10(1)(a)-(b)), thereby separating gear ownership identification from boat identification.

• The apparatus limit applies to “using or having in his or her possession or under his or her control” more than 50 crab apparatus in the course of commercial fishing (s 7(1)). The text treats possession and control as actionable states; the phrase is broad and captures shore‑based control as well as on‑boat control (note to s 7(1)).

The instrument does not itself articulate record‑keeping requirements, monitoring protocols or administrative rights such as review or appeals. Those matters remain within the Torres Strait Fisheries Act 1984 and accompanying Regulations, which the instrument references as the legal framework under which licences are issued and presumably enforced (s 3; s 4 definitions).

The instrument does not specify penalty amounts, infringement notice regimes, or the detailed enforcement mechanisms within its text. It is made under the Torres Strait Fisheries Act 1984 (ss 16(1) and 35(1)(a)) and cross‑references the Torres Strait Fisheries Regulations 1985; those are the statutory instruments that will contain the enforcement and penalty framework applicable to breaches of the Act and subordinate instruments. The management instrument itself sets prohibitions and requirements but does not set out offences, fines or enforcement procedures.

Practical implications from the instrument’s structure

• Non‑compliance is actionable, but the legal consequences are to be found in the Act and Regulations. The instrument’s prohibitions (for example s 6(1) prohibition on taking, processing or carrying crab; s 7(1) apparatus limit; s 8 size limits; s 9(1) boat length restriction; s 10(1) tagging and float rules) are framed as prohibitions that would typically be enforced under the Act’s compliance framework. The instrument’s enactment under ss 16(1) and 35(1)(a) indicates it is a delegated instrument; delegated instruments commonly rely on the parent Act for penalties.

• Enforcement will require measurement, identification and factual determination. Enforcement officers must determine species identity (to confirm whether a captured organism is a “crab” as defined), whether a crab is a female, whether carapace measurements meet the minima or if the carapace is missing whether the alternate measurements meet the species thresholds, whether gear bears the required tag and float, and whether a boat exceeds the 14‑metre limit. The instrument specifies measurement points and minimum float dimensions (s 8; s 10(1)(b)), which narrows the factual questions but leaves other measurement conventions (for example, how boat length is to be measured) unspecified.

• The instrument distinguishes commercial fishers from traditional fishers. The repeated notes that traditional fishing is excluded from the definition of commercial fishing will shape enforcement priorities: enforcement on this instrument’s terms targets commercial licence holders and unlicenced commercial actors, not traditional fishers.

Because the instrument itself contains no penalty schedule, compliance officers and legal advisers must consult the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 to identify the specific offences and penalties that attach to breaches of the instrument’s provisions.

The instrument is explicitly integrated into an existing regulatory architecture and identifies the main instruments it interacts with. Primary statutory anchors and cross‑references in the text are:

• Torres Strait Fisheries Act 1984. The instrument is made under s 16(1) and s 35(1)(a) of the Act (s 3). It defines “crab licenced person” by reference to licences granted under s 19(2), s 19(3) and s 19(4A) of the Act (s 4). It also notes that several expressions are defined in s 3 of the Act, including “traditional fishing”, “traditional inhabitant”, “community fishing”, and “fish” (s 4 note). Therefore the instrument relies on the Act for definitions, the licensing framework and (implicitly) enforcement and penalty mechanisms.

• Torres Strait Fisheries Regulations 1985. The instrument’s geographic scope depends on the area of the crab fishery as prescribed in item 2 of Schedule 2 to the Regulations (s 4). The instrument also invokes the Regulations in s 5 (Schedules) by referring to instruments specified in the Schedules being amended or repealed. The Regulations therefore supply the technical definition of the crab fishery area and likely host procedural and administrative details needed to operationalise the instrument.

• PZJA Arrangement. The instrument references the “Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984” (the PZJA Arrangement) and notes that because traditional fishing is excluded from the definition of commercial fishing it cannot be a PZJA fishery under that Arrangement (s 4 note and repeated notes after multiple prohibitions). The instrument is thus made in the institutional context of the Protected Zone Joint Authority and assumes the PZJA Arrangement as part of its governance backdrop.

• Repealed instrument. The instrument repeals Torres Strait Fisheries Management Notice No. 50 in its entirety (Schedule 1), thereby removing that prior instrument’s provisions and replacing them with the present regime.

Points of legal interaction and potential friction

• Definitions matter. Several operative effects of the instrument depend on definitions in the Act (for example “traditional fishing”, “crab licenced person”, and “fish”). Because the instrument repeatedly relies on the Act’s definitional scaffolding, any change to those definitions in the Act or interpretive disputes about them will alter the instrument’s practical scope.

• Enforcement and penalties are in parent legislation. The instrument does not set penalties. Legal consequences for contravention therefore require reference to the Act and Regulations for offence provisions, enforcement powers, evidentiary rules and procedural protections.

• Apparatus and boat identification intersect with supply and ownership contracts. The instrument requires owner’s name tags and boat distinguishing numbers on floats (s 10(1)). Apparatus owned by a party other than the boat operator may therefore require contractual alignment to ensure the required identifiers are consistent.

• Traditional fishing exclusion. The instrument’s repeated notes make clear that traditional fishing is outside its scope. That creates a legal boundary between commercial and traditional activity that will be governed by Act definitions and any PZJA policies dealing with customary activity.

The instrument itself contains limited amendment history because it is a short management instrument. The document records the following immediate historical facts:

• Date and authority. The instrument is dated 19 December 2025 and is made by the Protected Zone Joint Authority; it bears signatures by the Commonwealth Minister for Agriculture, Fisheries and Forestry, the Queensland Minister for Primary Industries, and the Chairperson of the Torres Strait Regional Authority (frontpage). It is made under ss 16(1) and 35(1)(a) of the Torres Strait Fisheries Act 1984 (s 3).

• Commencement. It commences the day after it is registered on the Federal Register of Legislation (s 2).

• Repeal of earlier instrument. Schedule 1 repeals the entirety of Torres Strait Fisheries Management Notice No. 50 (Schedule 1). The schedule’s wording is straightforward: “Repeal the instrument” (Schedule 1). No other amendments to other instruments are recorded in the Schedules.

• No amending history within the instrument itself. Apart from the one repeal in Schedule 1, the instrument does not purport to vary existing Regulations or the Act. It effectuates its controls by setting prohibitions, exemptions and requirements that operate alongside the Act and Regulations.

Because the instrument is a delegated instrument made under specified sections of the Act, any future changes to the substantive controls in this instrument will likely require a further instrument under the Act or amendment via the Regulations if that route is available under the parent statute. The instrument does not record prior versions, consultation history or explanatory memoranda within the text provided.

The instrument contains no statement of existing litigation, and the text does not reference any judicial or tribunal decisions. It does not provide for transitional enforcement proceedings or existing prosecutions. The only legal action recorded in the instrument is a repeal (Schedule 1). Therefore, based solely on the instrument text provided:

• There is no litigation history set out in the instrument.

• The instrument does not refer to judicial interpretation of any of its clauses, nor does it cite case law or previous determinations.

Practitioners seeking to identify litigation that may turn on the instrument’s provisions must search external sources: the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 for relevant enforcement provisions, and court or tribunal decisions post‑commencement for interpretations of the device, measurement or licence concepts in the context of this instrument. The instrument itself provides no litigation record.

There are several textual details and practical traps in the instrument that can produce compliance surprises if read at a skim. These are matters the instrument itself creates or leaves unspecified.

1. Blanket prohibition plus a narrow exemption, with an exclusion for female crabs. The instrument establishes a blanket prohibition on taking, processing or carrying crab in the crab fishery (s 6(1)). It then provides an exemption tied to holding a crab licence (s 6(2)). Critically, the exemption is framed “Except in relation to the taking or carrying of female crabs, a person is exempt ... when the person is a crab licensed person.” The instrument therefore treats the taking or carrying of female crabs as falling outside the exemption , even for licenced persons. That leaves a textual ambiguity about processing female crabs: the exemption’s carve‑out is expressed as “in relation to the taking or carrying of female crabs,” which does not, on its face, mention processing. A close textual reading suggests that processing female crabs may not be explicitly proscribed by that particular exception; however, the initial prohibition includes processing. Practitioners should therefore not assume processing female crabs is permitted without confirming enforcement guidance or related Regulations.

2. Ownership versus boat identification mismatch. Section 10(1) requires an apparatus tag with the owner’s name and separately requires a light‑coloured float with the distinguishing numbers of the licenced person’s boat recorded on it. The instrument thus requires two different identifiers that may not be the same person or number. If apparatus is jointly owned, rented or stored ashore, the owner’s name on the tag may differ from the licenced person’s boat numbers on the float, producing practical compliance issues at sea and evidentiary complications in enforcement.

3. Apparatus limit applies ashore as well as aboard. The 50‑apparatus cap applies on a boat and without the use of a boat (note to s 7(1)). That means shore‑side possession or control of gear in the course of commercial fishing is caught. Operators who rely on shore storage or multiple launch sites must ensure the total number of apparatus under their control does not exceed 50, even if not all the gear is afloat at the same time.

4. Measurement rules are detailed but leave measurement method questions open. The instrument specifies carapace‑width minima and alternative measurement points if the carapace is missing (s 8). Those are precise morphological anchors for compliance. However, the instrument does not specify measurement protocol (for example, rounding conventions, measurement tools, or whether measurements must be taken by authorised officers). The alternative measurement method for missing carapace is precise (from the notch at the junction of the claw with the body to the notch at the junction of the last leg), but subjectivity in real‑world specimens may raise disputes.

5. Boat length rule lacks a detailed measurement standard. The prohibition on boats longer than 14 metres is absolute in s 9(1). The instrument does not specify how length is to be measured (for example, overall length, waterline length, length overall , LOA , or another convention). In contexts where boat classification matters to compliance, differing measurement conventions can create disputes.

6. “Crab” excludes spanner crabs. The instrument’s definition of “crab” explicitly excludes Ranina ranina (spanner crabs) (s 4). Operators targeting species mix must note that catches of excluded species fall outside this instrument, but may be subject to different instruments or Regulations.

7. Traditional fishing exclusion. Multiple notes say the prohibitions do not apply to traditional fishing because it is excluded from commercial fishing under the Act and the PZJA Arrangement (notes after s 6(1), s 7(1), s 8 and s 9). That boundary depends on the Act’s definitions and any practical licensing or customary determinations. Conflicts can arise where activity arguably straddles commercial and traditional definitions.

8. Repeal of prior notice. The wholesale repeal of Torres Strait Fisheries Management Notice No. 50 (Schedule 1) means any provisions formerly in that notice are no longer operative; operators should verify whether they relied on any transitional or grandfathering rules previously in that instrument.

In short, the instrument creates clear substantive duties but leaves procedural and measurement details to the Act, Regulations or enforcement guidance. These gaps are the likely sources of dispute in practice.

The instrument sets out a relatively short checklist of compliance actions for crab licenced persons and others whose activities touch crab apparatus in the crab fishery. The following is a source‑grounded, point‑by‑point compliance checklist drawn from the instrument’s text. It assumes the reader is a crab licenced person or advises one.

1. Confirm licencing status. Ensure you hold a licence granted under s 19(2), s 19(3) or s 19(4A) of the Torres Strait Fisheries Act 1984, as the instrument’s exemption from the general prohibition is tied to those licences (s 4 definition of “crab licenced person” and s 6(2)). Do not assume that possession of a different licence confers entitlement.

2. Do not take, process or carry crab unless licenced. The starting rule is a prohibition on these activities in the crab fishery (s 6(1)). Only licenced persons have the exemption, and that exemption is expressly excluded in relation to taking or carrying female crabs (s 6(2)). Before any operation, confirm licenced status and ensure all crew understand that taking or carrying female crabs is not covered by the exemption.

3. Implement apparatus limits. Do not use, possess or have under control more than 50 crab apparatus in the course of commercial fishing (s 7(1)). Because the limit applies on a boat and without the use of a boat (note to s 7(1)), count all apparatus under your control, including gear ashore. Where you contract or borrow gear, document the arrangement and ensure total apparatus under your control remains within 50.

4. Tagging and float identification. On any boat in the crab fishery, every crab apparatus must have a tag affixed that bears the owner’s name and must have a light‑coloured float at least 150 mm in any dimension on which the distinguishing numbers of the licenced person’s boat are recorded (s 10(1)(a)-(b)). Ensure tags are durable and visible and that floats meet the minimum size and colour requirement. Reconcile ownership of gear with the boat numbers required on floats.

5. Meet size minimums. Only take, process or carry crabs that meet the measurement thresholds: carapace not less than 150 mm across the widest part (s 8(1)(a)); where carapace is missing, measure from the specified notches and comply with species minima (blue swimmer 37 mm, mud crabs 46 mm) (s 8(1)(b)-(2)). Train crew to apply the specified measurement points and to document measurements where possible. Where the carapace is missing, ensure the alternate measurement is taken exactly as prescribed.

6. Vessel length compliance. Do not use a boat longer than 14 metres for taking, processing or carrying crab (s 9(1)). Verify how your operator records boat length for licence and compliance purposes and ensure any boats used for crab are at or below the 14‑metre cap.

7. Avoid female crab taking and carriage. The instrument expressly withdraws the exemption for taking or carrying female crabs (s 6(2) caveat). Implement on‑board sorting procedures and training to ensure female crabs are not taken or carried. If the crew finds female crabs, have a clear handling and reporting procedure consistent with enforcement expectations.

8. Understand species scope. The definition of “crab” excludes spanner crabs (Ranina ranina) (s 4). Know the species you are targeting and ensure catch records and gear use reflect the instrument’s species scope.

9. Check for any local guidance or enforcement protocols. The instrument does not set penalties or enforcement protocols. Confirm with the administering authority (the PZJA or the agency designated under the Act) the procedures for inspections, measurement standards and any administrative forms or declarations required at landing, processing or sale.

10. Review historical rules. Because Torres Strait Fisheries Management Notice No. 50 is repealed in full (Schedule 1), review any prior compliance practice that relied on that notice and update operations to the new instrument’s requirements.

Recordkeeping recommendations (practical, though not mandated in the instrument)

• Keep up‑to‑date copies of your licence and any correspondence with licensing authorities.
• Maintain an inventory log of all crab apparatus showing owner name tags, float numbers, and dates when gear was placed in or removed from the water to demonstrate that the total under control never exceeded 50.
• Record measurements of samples as evidence of compliance with size minima; where carapace is missing, note the alternate measurement taken and the species identification used to apply the species minimum.
• Retain photographic evidence of tags and floats and of boat length measurements where relevant.

These steps implement the instrument’s explicit requirements as written. Because the instrument invokes the Act and Regulations for definitions and the broader administrative framework (s 3; s 4), confirm any additional recordkeeping or reporting obligations set out in those parent instruments.