Commonwealth legislation

Torres Strait Fisheries Management Instrument No. 13

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This instrument sets the rules for harvesting trochus (a type of large sea snail) in the Torres Strait Trochus Fishery.

The basic prohibition: You cannot take, process, or carry trochus in this fishery area unless an exemption applies.

Who is exempt:

People holding a specific licence granted under the Torres Strait Fisheries Act
People engaged in traditional fishing (fishing conducted by Torres Strait Islander or Aboriginal people for personal, domestic, or customary purposes, not commercial sale)

How you can collect them: Even if exempt, you must collect trochus by hand only. Using any underwater breathing apparatus—such as scuba gear or snorkels—is prohibited.

Size limits: You may only take trochus measuring between 80mm and 125mm at the widest part of the shell base. Traditional fishers are exempt from this size restriction.

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Current sections

Direct links to the current provisions in Torres Strait Fisheries Management Instrument No. 13.

Prohibitions

Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of trochus in the area of the Trochus Fishery is prohibited.

Exemptions from the prohibitions

Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the prohibitions in Clause 5 if:

(a) the person holds a licence granted under either subsection 19(2) or 19(3) of the Act that entitles that person to take, process or carry trochus; or

(b) the person takes, processes or carries trochus in the course of traditional fishing.

Gear restrictions

Pursuant to paragraph 16(1)(c) of the Act, the taking of trochus in the area of the Trochus Fishery is prohibited except if collected by hand and without the use of any underwater breathing apparatus.

Size limit

Pursuant to paragraph 16(1)(b)(ii) of the Act, the taking of trochus is prohibited if the trochus, when measured in their original form as fished, are less than 80 millimetres or more than 125 millimetres, at the widest part of the base of the shell.

Exemption from size limit

A person is exempt from the prohibition in Clause 8 if that person is engaged in traditional fishing.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Prohibitions Prohibitions