Catch Reporting Notice No. 12 - Requirement to furnish information relating to the delivery of Spanish or narrow-barred mackerel

Overview

The Torres Strait Fisheries Act 1984 was enacted to regulate fishing activities in the Torres Strait, addressing the need for effective management of fishing resources in this region. This Act aimed to provide a legal framework for the conservation and sustainable use of fish stocks in the Torres Strait. The Torres Strait Fisheries Act 1984 was enacted by the Australian Parliament. The policy objective of this legislation was to ensure the orderly development of fisheries in the Torres Strait while protecting the rights and interests of the local communities and stakeholders. The Catch Reporting Notice No. 12, issued under the authority of the Torres Strait Fisheries Act 1984, requires certain individuals involved in the delivery of Spanish or narrow-barred mackerel to furnish specified information. This notice, issued by the Minister of State for Primary Industries and Energy, mandates that masters of boats, operators of fish processing facilities, and pilots or individuals on board aircraft provide details on the weight and origin of the mackerel delivered. This information must be submitted monthly to the Australian Fisheries Service, ensuring that authorities can monitor and manage fishing activities effectively.

Scope and Application

The Torres Strait Fisheries Act 1984, as implemented through the Catch Reporting Notice No. 12, applies to specific individuals and entities involved in the fishing and processing of Spanish or narrow-barred mackerel within the Torres Strait region. This includes masters of boats with a relevant licence that are not concurrently licensed under another subsection of the Act, operators of fish processing facilities within Australia, masters or personnel on board boats carrying fish from the Torres Strait Protected Zone, and pilots or personnel on board aircraft taking delivery of Spanish or narrow-barred mackerel from commercial or community fishing activities. The notice mandates these individuals and entities to furnish detailed information regarding the weight and origin of the mackerel delivered, specifically whether it was taken within Australian or Papua New Guinea jurisdiction. This information must be submitted to the Officer-in-Charge at the Australian Fisheries Service on Thursday Island, Queensland, at the end of each month. The notice revokes previous catch reporting notices and comes into force in September 1989. The geographic reach of the notice pertains to the Torres Strait area, with specific focus on the delivery of Spanish or narrow-barred mackerel, and it extends its application through the specified schedules detailing the required information and submission process.

Key Provisions

The primary operative sections of the Catch Reporting Notice No. 12 require individuals in specific roles related to the handling of Spanish or narrow-barred mackerel in the Torres Strait to furnish certain information about the fish they deliver. Section (b) mandates that the master of a boat, the operator of a fish processing facility, the master or a person on board a boat or aircraft, who takes delivery of these fish during the notice's period of force, must provide details specified in Schedule 1. This includes information about the weight of the fish delivered in various forms, such as cleaned fish with head, fins, and tail removed or fillets, and the name of the boat if it is over 6 metres in length (section (b)(i)). The notice specifies the delivery areas, both Australian and Papua New Guinea jurisdictions, and the manner in which the information must be reported, as outlined in Schedule 2. The obligations imposed by the Act under this notice require the designated individuals to forward the required information to the Officer-in-Charge of the Australian Fisheries Service at a specified address on the last day of each month (section (b)(2) of the notice and Schedule 2). The information must include the name of the individual reporting and the name of the boat, aircraft, or processing plant involved in the delivery of the Spanish or narrow-barred mackerel. This systematic approach ensures that there is a consistent and regular flow of data regarding the fish deliveries, which is crucial for monitoring and managing the fisheries. The notice also includes provisions for civil and criminal consequences in case of non-compliance. While the specific penalties are not detailed in the text, it is reasonable to infer that under the Torres Strait Fisheries Act 1984, breaches of the notice could result in penalties as prescribed by the Act. These penalties could include fines or other legal sanctions, which would serve as deterrents to ensure compliance with the notice's requirements. The notice revokes previous reporting notices (Nos. 9, 10, and 9A), indicating that this updated notice is intended to provide a more streamlined and effective method of reporting for the specified activities.