Torres Strait Fisheries Act 1984

Fisheries Management Notice No. 64

TORRES STRAIT SEA CUCUMBER FISHERY

PROHIBITION ON TAKING SEA CUCUMBERS
(GEAR AND SIZE RESTRICTIONS)

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 in accordance with the decisions made by the Authority, make the following Notice
under section 16 of the Torres Strait Fisheries Act 1984.

Dated this 24th day of December 2002

IAN MACDONALD
Chairman
Protected Zone Joint Authority

______________________

CITATION

1. This Notice may be cited as Torres Strait Fisheries Management Notice
   No. 64.

COMMENCEMENT

2.                       This Notice commences on Gazettal.

this notice TO APPLY WITH OTHER NOTICES

3.                       This Notice applies in conjunction with any other Notice in force in the area of
the Torres Strait Sea Cucumber Fishery.

REVOCATION OF FISHERIES NOTICE NO. 53

4. Fisheries Management Notice No. 53 dated 25 March 1999 is revoked.

INTERPRETATION

5. (a) In this Notice, unless the contrary intention appears:

"the Act" means the Torres Strait Fisheries Act 1984;

"sea cucumber" means fish of the families Holothuria and
Stichopodidae; and

"underwater breathing apparatus" means any apparatus that delivers
air or other breathing gas to a person.

(b) Terms used but not defined in this Notice have the same meaning as
in the Act and the Torres Strait Fisheries Regulations.

PROHIBITION ON THE TAKING, PROCESSING OR CARRYING

6.1 Pursuant to paragraph 16(1)(a) of the act, the taking, processing or carrying
of sea cucumbers in the area of the Torres Strait Sea Cucumber Fishery is
prohibited.

6.2 Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the
prohibition in paragraph 6.1 if:

(a)                    where the person takes or carries sea cucumbers without the use of a
boat – the number of sea cucumbers in that person's possession does not exceed three; or

(b)                    where the person takes or carries sea cucumbers with the use of a
boat, or by diving from a boat, and no other person is in the boat – the
number of sea cucumbers in the boat does not exceed three; or

(c)                    where the person takes or carries sea cucumbers with the use of a
boat, or by diving from a boat, and there is at least one other person in
the boat – the number of sea cucumbers in the boat does not exceed
six.

SIZE LIMITS

7. Pursuant to paragraph 16(1)(b) of the Act, it is prohibited to take in the area of
the Torres Strait Sea Cucumber Fishery species of the kind referred to in the
Schedule that, when measured in their original living form at their longest
point, are less than the lengths specified in respect of each species in the
Schedule.

SCHEDULE

GEAR RESTRICTIONS

8. Pursuant to paragraph 16(1)(c) of the Act, the taking of sea cucumbers in the
area of the Torres Strait Sea Cucumber Fishery with the use of any
underwater breathing apparatus or by any method other than collection by
hand, is prohibited.

EXEMPTIONS FROM PROHIBITIONS

9.1 Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the
prohibition in paragraph 6.1 if the person holds a licence granted under
subsections 19(2) or 19(3) of the Act that entitles that person to take, process
or carry sea cucumbers or beche de mer.

9.2 Pursuant to paragraph 16(1A)(d) of the Act, a person is exempt from the
prohibition in paragraph 7 if the person takes, processes or carries sea
cucumbers or beche de mer in the course of traditional fishing.