Torres Strait Fisheries (Spanish Mackerel) Management Instrument 2025

This instrument is the Torres Strait Fisheries (Spanish Mackerel) Management Instrument 2025, made by the Protected Zone Joint Authority and dated 19 December 2025 (front matter). It commences the day after it is registered on the Federal Register of Legislation (s 2). The instrument is made under the Torres Strait Fisheries Act 1984, specifically under sections 16(1) and 35(1)(a) of that Act (s 3). It replaces the earlier Torres Strait Fisheries Management Instrument No. 14 in full (Schedule 1).

Mechanically, the instrument establishes a set of prohibitions and narrow, statutory exemptions that regulate the taking, processing and carrying of mackerel within the mackerel fishery area (s 6). Key prohibitions are:

• A blanket prohibition on taking, processing or carrying mackerel in the mackerel fishery area, subject to expressly stated exemptions (s 6(1)-(3)).
• Prohibitions on taking, processing or carrying undersize specimens of listed mackerel species by mackerel licensed persons, with explicit minimum lengths set for five species (s 8 and the associated table).
• Prohibitions on the use of fishing methods for mackerel by mackerel licensed persons, limited to trolling or handlining (s 9).
• Prohibitions on the use of fishing equipment for mackerel by mackerel licensed persons, limited to line fishing apparatus (s 10).
• Additional spatial and temporal method restrictions for "sunset licence holders" in the Australian territorial sea surrounding Bramble Cay and Black Rocks, including a daytime closure (0930-1500 AEST) during August to December and a restriction outside those hours to trolling only (s 11).

The instrument defines key terms used to operate those prohibitions and exemptions, including mackerel species list, “mackerel licensed person”, “finfish licensed person”, “sunset licence holder”, handlining, trolling, and line fishing apparatus (s 4). It also explicitly preserves Treaty-based exemptions where a boat has a Treaty endorsement under s 20 of the Torres Strait Fisheries Act and the activity complies with the endorsement conditions under s 22 (s 7). The instrument also cross-references the PZJA Arrangement and the Torres Strait Fisheries Regulations 1985, integrating this management instrument into the existing statutory and administrative framework (s 4, note; s 4 definitions; s 5).

In short, the instrument narrows legal methods and equipment for commercial mackerel fishing in the defined mackerel fishery, sets minimum sizes for five mackerel species when taken by licensed mackerel fishers, creates special restrictions for transferred or “sunset” licences in a specific area, and preserves Treaty and limited finfish-license exemptions.

The instrument operates through a compact set of statutory concepts that determine who may lawfully engage with mackerel and how. The definitions in s 4 create the taxonomy that drives all substantive rules:

• Mackerel and mackerel fishery: The instrument provides a specific list of species treated as “mackerel” (grey, school, shark, Spanish and spotted mackerel) and relies on the statutory designation of the mackerel fishery area as set out in the Regulations (mackerel fishery; s 4 definitions; reference to Schedule 2 of the Regulations). The management rules apply only in that prescribed area (s 6(1)).

• Licensed persons and classes of licences: “Licensed person” is defined by reference to licences granted under particular subsections of the Act (s 4). The instrument distinguishes between “mackerel licensed person” (a licence authorising taking, processing or carrying mackerel in the mackerel fishery) and “finfish licensed person” (a licence authorising finfish in the finfish fishery) (s 4). It also defines “sunset licence holder” as a person who has been temporarily transferred a licence granted under s 19(2) of the Act (s 4). Those labels determine who is exempt from the baseline prohibitions and who is subject to particular constraints (s 6, s 11).

• Prohibitions plus narrow exemptions: The instrument uses a three-step model: (1) a general prohibition on taking/processing/carrying mackerel in the mackerel fishery (s 6(1)); (2) statutory exemptions limited to certain licence-holders and circumstances (s 6(2)-(3); s 7); and (3) species-specific and method/equipment controls applicable to those licensed operators (ss 8-11). This structure makes possession and handling of mackerel illegal for the general public in the fishery, unless matched with a statutory exception.

• Size-based biology control: The instrument sets minimum legal sizes for five mackerel species that apply to mackerel licensed persons (s 8 and table). The instrument prescribes how to measure fish length, offering four alternative measurement methods (s 8, measurement clause). The table is the operative list of minimum lengths per species (e.g. Spanish and grey mackerel 75 cm).

• Gear and method control: The instrument reduces gear choice to line fishing apparatus only for mackerel licensed persons; all other equipment is prohibited (s 10). For methods, it permits only trolling or handlining and bans all others for mackerel licensed persons (s 9). The definitions of handlining and trolling are provided (s 4), while line fishing apparatus is defined to include handheld lines, rods, and mechanically operated reels (s 4).

The immediate legal subjects are persons operating within the statutory mackerel fishery area. The instrument defines multiple affected classes and discloses differential treatment among them.

• Mackerel licensed persons: Defined as licensed persons authorised to take, process or carry mackerel in the mackerel fishery (s 4). They are the principal regulated commercial cohort. They are exempt from the general prohibition in s 6(1) (s 6(2)), but must comply with the species-size rules (s 8), method and equipment restrictions (ss 9-10), and, if they are sunset licence holders in the Bramble Cay/Black Rocks area, the area/time/method constraints (s 11).

• Finfish licensed persons: Defined as licensed persons authorised to deal with finfish in the finfish fishery (s 4). They receive a narrow exemption from the general mackerel prohibition , a finfish licensed person may possess up to 20 kilograms of mackerel in any form (s 6(3)). The exemption expressly excludes finfish licensed persons who have been temporarily transferred such a licence under s 25 of the Act; that is, a finfish licensed person who has used section 25 to obtain a licence by temporary transfer is not entitled to the 20 kg benefit (s 6(3)). The instrument therefore allows incidental or small-scale interaction with mackerel for finfish licence-holders while limiting where larger-scale commercial extraction remains within the mackerel-licence cohort.

• Persons without a relevant licence: The blanket prohibition in s 6(1), combined with exemptions that require particular licence status or Treaty endorsement, means that persons without a mackerel licence (and without a qualifying Treaty endorsement) cannot lawfully take, process or carry mackerel in the mackerel fishery. Traditional fishers are treated separately (see below).

• Sunset licence holders: This defined category (s 4) is those temporarily transferred a licence under s 25 of the Act that was originally granted under s 19(2). For those holders, there is an additional set of constraints when operating inside the Australian territorial sea around Bramble Cay and Black Rocks , a daytime prohibition during part of the year and method restrictions outside those hours (s 11). The instrument therefore imposes a tighter regime on temporarily transferred licences in a specific area.

• Treaty-endorsed vessels/holders: Vessels with a Treaty endorsement under s 20 of the Act, and persons acting in accordance with conditions of that endorsement under s 22, are exempt from the general prohibition (s 7). That creates a separate pathway for lawful activity based on the Torres Strait Treaty framework.

The instrument sets out a mix of prohibitions that create duties to refrain and positive duties implied by the exemptions and definitions. It also creates conditional rights in the form of lawful activity if prescribed requirements are met.

Duties to refrain

• Baseline prohibition: No person may take, process or carry mackerel in the mackerel fishery unless an exemption applies (s 6(1)). That is the central negative duty that applies to everyone operating in the fishery area.

• Size compliance for mackerel licensed persons: Mackerel licensed persons are prohibited from taking, processing or carrying mackerel of listed species that are below specified minimum lengths (s 8(1) and the table). The instrument specifies the five species and their minimum lengths (e.g., Spanish mackerel and grey mackerel 75 cm; school and shark mackerel 50 cm; spotted mackerel 60 cm). The instrument also prescribes how to measure fish length, listing four alternative measurement points (point of snout to end of tail fin; point of snout to end of caudal fin; tip of lower jaw to end of tail fin; tip of lower jaw to end of caudal fin) for the purposes of applying the minimum lengths (s 8, measurement provision).

• Method restrictions for mackerel licensed persons: It is prohibited for a mackerel licensed person to take mackerel using any fishing method other than trolling or handlining (s 9). That creates an affirmative obligation to use only those permitted methods when taking mackerel in the mackerel fishery.

• Equipment restrictions: Mackerel licensed persons are prohibited from taking mackerel using any equipment other than line fishing apparatus as defined (s 10). Line fishing apparatus is defined in s 4 to include hand-held lines, fishing rods, and mechanically operated fishing reels and lines.

• Specific area/time obligations for sunset licence holders: Sunset licence holders operating in the Australian territorial sea around Bramble Cay and Black Rocks must not take mackerel between 0930 and 1500 AEST each day during August to December (s 11(1)). Outside those hours they are prohibited from using any fishing methods other than trolling (s 11(2)). Those are time-limited and area-specific duties.

Conditional rights and exemptions

• Mackerel licensed persons’ exemption: A person who holds the relevant mackerel licence is exempt from the baseline prohibition in s 6(1) and may take, process and carry mackerel, subject to the instrument’s species-size, method and equipment limits (s 6(2) read with ss 8-10).

The instrument is silent on specific penalty amounts, infringement mechanisms or enforcement procedures. It neither creates expressly enumerated offences nor prescribes fines or sanctions within the instrument text itself. Instead, the instrument is made under the Torres Strait Fisheries Act 1984 (s 3), and it cross-references the Torres Strait Fisheries Regulations 1985 (s 4, notes and references to Schedule 2 of the Regulations). That indicates the substantive prohibitions in this management instrument are intended to be enforced within the broader enforcement framework provided under the Act and the Regulations. The instrument’s silence on penalty mechanics means practitioners must rely on the Act and Regulations for:

• the statutory offences and penalties applicable to contraventions of management instruments made under the Act;
• powers of authorised officers, seizure, inspection, detention and forfeiture that the Act or Regulations may provide; and
• administrative remedies such as licence suspension, cancellation or conditions that the Act or the PZJA administrative arrangements may permit.

Because the instrument repeals the earlier Torres Strait Fisheries Management Instrument No. 14 in full (Schedule 1), any enforcement approach or transitional arrangements previously found in that repealed instrument are superseded unless otherwise preserved in the Act or Regulations (Schedule 1). The instrument itself does not record transitional enforcement arrangements.

Implementation and enforcement practicalities (from the instrument)

• Evidence of licence or Treaty endorsement will be central: s 6 and s 7 make lawful activity conditional on licence status or Treaty endorsement; enforcement officers would need to verify the presence and terms of licences and endorsements. The instrument does not supply procedural detail on what constitutes acceptable proof.

• Measurement disputes: s 8 prescribes four alternative ways to measure fish length. That multiplicity of measurement options can create evidentiary or enforcement ambiguities in the field , enforcement outcomes will turn on which measurement was taken and whether measurement was performed correctly. The instrument does not specify who performs measurements or what measurement tolerances apply.

• Area/time specificity: s 11 uses an explicit clock time (0930-1500 Australian eastern standard time) and named geographic markers (Bramble Cay and Black Rocks) to fix a daily closure for sunset licence holders for a seasonal window (August-December). Enforcement in remote areas will require identifying vessels as sunset licence holders and verifying location and time. The instrument does not prescribe coordinates or a map; it refers to “the area of the Australian territorial sea surrounding Bramble Cay and Black Rocks.”

The instrument is explicitly nested within an existing statutory and administrative framework. It references and depends on the Torres Strait Fisheries Act 1984 (the Act), the Torres Strait Fisheries Regulations 1985 (the Regulations), the PZJA Arrangement, and Treaty endorsement provisions in the Act.

Statutory authority and limits

• Authority: The instrument is made under s 16(1) and s 35(1)(a) of the Torres Strait Fisheries Act 1984 (s 3). Those sections are the legal basis for the Protected Zone Joint Authority to make management instruments and presumably set conditions affecting fisheries; the instrument does not reproduce those sections but relies on them as its empowering clauses.

• Regulation and fishery boundaries: The definitions of “finfish fishery” and “mackerel fishery” refer to the areas prescribed in Schedule 2 to the Regulations (definitions in s 4). That means the spatial reach of this instrument is tied to the boundaries set in the Regulations; any change to those boundaries or definitions in the Regulations would affect the instrument’s geographic scope.

PZJA Arrangement and governance interface

• PZJA Arrangement: The instrument references the “PZJA Arrangement” as the arrangement between the Commonwealth and the State of Queensland under section 31 of the Act (s 4). The instrument notes the PZJA Arrangement can be viewed on the Federal Register of Legislation. The instrument’s repeated notes that traditional fishing is excluded because it cannot be a PZJA fishery indicate the instrument is designed to regulate commercial activity under the PZJA governance architecture while leaving traditional fishing outside those commercial controls.

Treaty endorsements and the Torres Strait Treaty

• Treaty endorsements: Section 7 gives effect to Treaty-based exemptions by referencing sections 20 and 22 of the Act. That creates a pathway where vessels or persons with a Treaty endorsement under s 20 and acting in accordance with s 22 conditions are exempt from the baseline prohibition (s 7). The instrument therefore interfaces with the Torres Strait Treaty regime as implemented through the Act.

Overlaps and sequencing with other licence schemes

• Licence definitions: The instrument defines “licensed person” by reference to licences granted under subsections 19(2), 19(3) or 19(4A) of the Act, or transferred under s 25 of the Act (s 4). The instrument’s exemptions and prohibitions are keyed to these licence categories. Any interaction with other licence types or fisheries managed under different instruments will depend on the Act’s licensing framework and how licences are granted, transferred and classified by the PZJA or its agencies.

This instrument is presented as a single, standalone management instrument dated 19 December 2025. It provides its own internal commencement rule and a single explicit repeal.

• Commencement: The instrument commences on the day after it is registered on the Federal Register of Legislation (s 2). There are no staged or deferred commencements for particular provisions in the instrument; the entire instrument becomes effective on that commencement date.

• Authority and signatories: The instrument records that it was made by the Protected Zone Joint Authority and is dated 19 December 2025. It lists three signatories: the Commonwealth Minister for Agriculture, Fisheries and Forestry, the Queensland Minister for Primary Industries, and the Chairperson of the Torres Strait Regional Authority (front matter). Those signatories indicate the PZJA governance authorship.

• Repeal of a prior instrument: Schedule 1 expressly repeals the whole of Torres Strait Fisheries Management Instrument No. 14. The instrument therefore replaces that prior management instrument completely; no partial repeal or saving clauses are contained in the text. The instrument does not provide transitional arrangements, savings for prior acts, or explicit phasing for licences already operating under the repealed Instrument No. 14. Therefore, unless the Act or Regulations supply transitional provisions, the repeal will take effect on commencement and the new prohibitions/exemptions will govern from that date.

• No internal amendment schedule: The instrument itself contains no schedule of earlier amendments or versions; it is presented as a new instrument that supersedes the repealed instrument.

• No recorded prior amendments within the instrument: The instrument contains no clause listing previous amendments, or history of changes. The only historical datum in the instrument is the repeal of the earlier Instrument No. 14.

To understand the legal history fully, a user will need to compare the text of the repealed Instrument No. 14 (now removed) with this instrument, and consult the Act and Regulations for any transitional directives. The instrument itself contains no savings or transition text to ease conversion between regimes.

The instrument does not record any judicial or administrative litigation history. It names no cases and cites no judicial interpretations. There are no internal notes indicating pending or resolved litigation tied to these provisions.

Because the instrument is a management instrument under the Act, any enforcement or interpretation disputes that arise from its application would be determined under the Act, Regulations and the general administrative and judicial review processes of Commonwealth law. The instrument itself does not purport to alter judicial review pathways or dispute mechanisms; those remain matters for the Act, Regulations and general administrative law.

For practitioners, the absence of litigation history in the instrument means there is no in-text precedent to guide interpretation. Practical uncertainty on matters such as the measurement methods, the boundaries of the mackerel fishery, identification of sunset licence holder vessels, or the precise definition of “area of the Australian territorial sea surrounding Bramble Cay and Black Rocks” will need to be resolved by reference to the Act, Regulations and, where necessary, future administrative or judicial determinations.

This instrument contains several points that can produce legal or operational friction. The following items flag interpretive traps, compliance friction points, and places where operators and enforcers should pay close attention.

Licence-class distinctions and temporary transfers

• Exemptions hinge on licence class: The baseline exemption from the s 6(1) prohibition is available to “mackerel licensed person” (s 6(2)). Finfish licensed persons have a separate, much narrower exemption (s 6(3)) limited to 20 kilograms of mackerel. The instrument also excludes finfish licensed persons who have been temporarily transferred such a licence under s 25 of the Act from the 20 kg benefit (s 6(3)). Practitioners should carefully check the status of any licence and whether it was obtained by transfer, because the transfer mechanism affects entitlement.

Multiple measurement methods

• Four alternative ways to measure fish length: For minimum-size compliance the instrument lists four distinct measurement approaches and accepts any of them for the purpose of s 8(1) (s 8, measurement clause). That multiplicity can be a source of dispute when a fish is close to the legal limit , different measurement choices can yield different results. The instrument does not state which measurement is preferred or how to reconcile measurements for enforcement or auditing purposes.

Gear/method overlap and permitted combinations

• Permitted methods and equipment are separately restricted: s 9 permits only trolling or handlining as methods. s 10 permits only line fishing apparatus as equipment. Handlining is itself defined to limit each line fishing apparatus to no more than 6 hooks and no more than 3 line fishing apparatus being used for fishing (s 4). Practitioners must ensure both method and equipment rules are satisfied concurrently: for example, using trolling with line fishing apparatus is consistent, but attempting to troll with gear not fitting the “line fishing apparatus” definition would contravene s 10 even if the method is permitted.

Area and time specificity for sunset licence holders

• Bramble Cay/Black Rocks area: s 11 applies “in the area of the Australian territorial sea surrounding Bramble Cay and Black Rocks.” The instrument does not supply coordinates or a map. That creates an enforceable spatial rule, but enforcement will require a secondary geographic definition, mapping or administrative guidance to identify the area precisely. The instrument also fixes times in Australian eastern standard time; this precision is helpful but requires consistent time-keeping and record-keeping by masters and officers.

Compliance with this instrument requires aligning licence status, gear and method choices, measurement practices and area/time adherence with the instrument’s text, and coordinating with the Act, Regulations and any Treaty endorsement conditions. The steps below follow the instrument’s structure and cite the relevant provisions.

1. Verify fishery boundaries and licence type

• Confirm whether you are operating inside the mackerel fishery area as prescribed in Schedule 2 to the Regulations. The instrument’s prohibitions apply in that area (s 6(1); s 4 definitions).
• Confirm your licence: are you a mackerel licensed person, a finfish licensed person, or a sunset licence holder? The rights and constraints turn on these labels (s 4; s 6(2)-(3); s 11).

2. If you are not a mackerel licensed person, do not take, process or carry mackerel

• The baseline rule is a prohibition on taking, processing or carrying mackerel by any person unless an exemption applies (s 6(1)). If you are neither a mackerel licensed person nor covered by the Treaty endorsement clause, you must refrain.

3. Finfish licensed persons: keep to the 20 kg limit (unless you are a temporarily transferred licence-holder)

• A finfish licensed person who has not been temporarily transferred a licence under s 25 can possess up to 20 kilograms of mackerel in any form (s 6(3)). If you have obtained your finfish licence by temporary transfer under s 25, that 20 kg exemption does not apply.

4. Treaty endorsement pathway: carry and comply with endorsement documents

• If relying on a Treaty endorsement, ensure the boat has a Treaty endorsement under s 20 in force and that all activity is in strict compliance with the conditions of the endorsement under s 22 (s 7). Carry documentary proof on board and ensure crew are briefed on the endorsement’s conditions.

5. For mackerel licensed persons: comply with size limits and measurement rules

• Do not take, process or carry undersize mackerel of the listed species. The minimum lengths per species are set out in s 8 and the accompanying table. For measurement, apply one of the four permitted measurement methods as specified in s 8 (s 8 measurement clause). Adopt consistent on-board measurement protocols and keep records to demonstrate compliance.