Division (GEAR, SIZE AND AREA RESTRICTIONS AND - Torres Strait Fisheries Management Notice No. 78 (22/09/2006) - (GEAR, SIZE AND AREA RESTRICTIONS AND | Zoe
PROHIBITIONS RELATING TO THE TAKING, PROCESSING AND CARRYING OF FINFISH
(GEAR, SIZE AND AREA RESTRICTIONS AND
TAKE AND CARRY LIMIT)
The Protected Zone Joint Authority, acting in accordance with the powers conferred on the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, and the Minister in accordance with the powers under section 16 of the Torres Strait Fisheries Act 1984, makes the following notice.
Dated this …22nd day of ……September . 2006
Eric Abetz
ERIC ABETZ
Minister for Fisheries, Forestry and Conservation and member and Chair of the
Protected Zone Joint Authority.
________________________________
CITATION
This Notice may be cited as Torres Strait Fisheries Management Notice No. 78.
COMMENCEMENT
This Notice commences on the day after registration.
THIS NOTICE TO APPLY WITH OTHER NOTICES
This Notice applies in conjunction with any other Notice in force in the area of the Torres Strait Finfish Fishery.
REVOCATION OF FISHERIES MANAGEMENT NOTICE NO 75.
Fisheries Management Notice No. 75, dated 28 November 2005, is revoked.
INTERPRETATION
5.1 In this Notice, unless the contrary intention appears “the Act” means the Torres Strait Fisheries Act 1984.
5.2 Terms used but not defined in this Notice have the same meaning as in the Act and the Torres Strait Fisheries Regulations.
5.3 In this Notice, unless the contrary intention appears:
“finfish” means all fish of the Superclass Pisces other than:
(i) mackerels (Scomberomorus spp.);
(ii) Shark mackerel (Grammatorcynus bicarinatus);
(iii) tunas (Thunnus spp.);
(iv) skipjack tuna (Katsuwonus pelamis);
(v) fish of the Family Bramidae (pomfrets); and
(vi) fish of the Families Istiophoridae and Xiphiidae (billfish).
“bait net” means:
(i) a cast net not more than 6 metres in diameter and having a mesh size of not more than 28 millimetres; or
(ii) a mesh or seine net not more than 400 metres in length and having a mesh size of at least 12 millimetres but not more than 45 millimetres.
“fishing apparatus” means hand held fishing lines or fishing rods or mechanically operated reels and lines.
“line fishing methods” means fishing by use of hand held fishing lines or fishing rods or mechanically operated reels and lines where:
(i) each fishing line has no more than 6 hooks attached to it; and
(ii) at any one time no more than 3 fishing apparatus are being used for fishing from the boat in respect of which a licence holder has been granted a licence;
“mesh net” means a net used as a gill net, mesh net, ring net or a net that is not fixed or hauled.
“mesh size” means:
(i) for a knotted mesh net, the average distance when the net is taut between the inner edges of 2 diagonally opposite knots; and
(ii) for a knotless mesh net, the average distance when the net is taut between the inner edges of 2 diagonally opposite corners;
where the distance is determined by averaging the size of each of 10 meshes at least 30 centimetres from each other.
“seine net” means a beach or haul seine net, with or without a pocket, shot in a way to partly encircle fish.
PROHIBITION (GENERAL)
Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of finfish, other than barramundi, is prohibited.
PROHIBITION (BARRAMUNDI)
Pursuant to paragraph 16(1)(a) of the Act, the taking, processing or carrying of barramundi in the area of the finfish fishery is prohibited.
EXEMPTIONS FROM PROHIBITIONS
Pursuant to paragraph 16(1A)(d) of the Act:
(a) a person holding a licence granted under subsections 19(2) or 19(3) of the Act, that is not a community fishing licence, that entitles that person to take, process or carry finfish is exempt from the prohibition in paragraph 6; or
(b) a person holding a community fishing licence granted under subsections 19(2) or 19 (3) of the Act that entitles that person to take, process or carry finfish is exempt from the prohibitions in paragraph 6 and 7; or
(c) a person that holds a licence granted under either subsection 19(2) or 19(3) of the Act that entitles that person to take, process or carry mackerel, takes or carries at any one time, is exempt from the prohibition in paragraph 6 to take not more than 20 kilograms of finfish in any form; or
(d) a person holding a licence granted under subsection 19(2) or 19 (3) of the Act, other than a licence of a kind referred to in paragraphs (a) or (b), is exempt from the prohibition in paragraph 6 to take or carry at any one time:
(i) not more than 20 kilograms of finfish in any form; or
(ii) where a quantity of mackerel is also being carried, the combined weight of mackerel and finfish are not more than 20 kilograms; or
(e) a person holding a licence granted under subsection 19(2) of the Act that entitles the person to take Spanish mackerel is exempt from the prohibition in paragraph 6 to use a bait net to take bait for their own use; or
(f) a person engaged in traditional fishing is exempt from the prohibitions in paragraphs 6 and 7.
SIZE LIMITS
9.1 Pursuant to paragraph 16(1)(b) of the Act, it is prohibited in the area of the finfish fishery, except in the course of traditional fishing, to take, process or carry finfish:
(a) of the kind referred to in Schedule 1, that when measured in accordance with Paragraph 9.2, are less than the minimum lengths specified in Schedule 1; or
(b) of the kind referred to in Schedule 2, that when measured in accordance with Paragraph 9.2, are less than the minimum lengths or greater than the maximum lengths specified in Schedule 2;or
(c) of the kind referred to in Schedule 3, that when measured in accordance with Paragraph 9.2, are greater than the maximum length specified in Schedule 3.
9.2 For the purposes of paragraph 9.1, the length of a finfish shall be measured from the point of the snout (or tip of the lower jaw, if that tip protrudes beyond the snout), to the extremity of the tail or caudal fin, whichever is longer.
NO TAKE SPECIES
Pursuant to paragraph 16(1)(b) of the Act, it is prohibited in the area of the finfish fishery, except in the course of traditional fishing, to take, process or carry finfish of the kind referred to in Schedule 4.
RETENTION OF LIVE FINFISH
Pursuant to paragraph 16(1)(a) of the Act, it is prohibited in the area of the finfish fishery, except in the course of traditional fishing, to retain, store or carry live finfish on a boat.
SHARK FINNING
Pursuant to paragraph 16(1)(a) of the Act, it is prohibited in the area of the finfish fishery to remove the fins from a shark and discard the torso into the sea.
GEAR RESTRICTIONS
Pursuant to paragraph 16(1)(c) of the Act, a person is prohibited in the area of the finfish fishery to take finfish, except in the course of traditional fishing, by a method other than:
(a) by line fishing methods, where a person holds a licence granted under subsections 19(2) of the Act that entitles that person to take finfish by line fishing methods; or
(b) by the use of a bait net.
PERMANENT CLOSURES
Pursuant to paragraph 16(1)(a) of the Act, the taking of finfish, except in the course of traditional fishing, is prohibited by line fishing methods in that part of the finfish fishery west of Longitude 142°31'49".
SEASONAL CLOSURE - BARRAMUNDI
Pursuant to paragraph 16(1)(a) of the Act the taking of barramundi, except in the course of traditional fishing, is prohibited in the area of the finfish fishery during the period commencing 1200 hours on 1 November in a year and ending 1200 hours on 1 February the following year.
shark of the subclass Elasmobranchii but excluding electric rays (Torpediniforms), skates (Rajiformes), and stingrays (Myliobatiforms). Also excluded are hammerhead sharks (Sphyrna lewini), grey nurse sharks (Carcharias taurus) and tiger sharks (Galeocerdo cuvier) - see Schedule 4.