Catch Reporting Notice No. 13 - Requirement to furnish information relating to the delivery of tropical rock lobster

Overview

The Torres Strait Fisheries Act 1984 was enacted to regulate fisheries in the Torres Strait, focusing particularly on the management of fish stocks and the sustainable use of marine resources in the area. The Act was introduced to address the need for effective management and conservation of fisheries in the Torres Strait, which is a region of significant ecological and cultural importance. The Act was passed by the Commonwealth Parliament and aims to ensure the sustainable use of fishery resources, particularly tropical rock lobster, in the area. The Catch Reporting Notice No. 13, issued under the authority of the Act, requires persons involved in the delivery of tropical rock lobster to provide specific information about the quantities and sources of lobster delivered. This notice mandates that relevant parties furnish detailed catch reports to the Australian Fisheries Service, facilitating better monitoring and regulation of fishing activities in the region.

Scope and Application

The Torres Strait Fisheries Act 1984, through the Catch Reporting Notice No. 13, mandates specific information reporting requirements for certain individuals and entities involved in the handling of tropical rock lobster (Panulirus spp.) within the Torres Strait Protected Zone. This legislation applies to the master of a boat with a licence under subsection 19(3) of the Act, operators of fish processing facilities within Australia, masters or individuals on board boats transporting fish from the Torres Strait Protected Zone, and pilots or individuals on board aircraft delivering tropical rock lobster. The requirement to furnish information is triggered upon the delivery of tropical rock lobster taken during commercial or community fishing activities, with the information to be reported to the Australian Fisheries Service. The scope of this legislation is geographically focused on the Torres Strait region, impacting both Australian and potentially international maritime activities within this protected area. The reporting obligations outlined in Schedule 1 and 2 must be adhered to by the specified individuals or entities on a monthly basis, with the information directed to the Officer-in-Charge at the Australian Fisheries Service on Thursday Island, Queensland. The notice revokes previous catch reporting notices and establishes new requirements, effective from September 1989.

Key Provisions

The Torres Strait Fisheries Act 1984 (the Act) has been subject to a Catch Reporting Notice No. 13, issued by the Minister of State for Primary Industries and Energy, John Charles Kerin, acting on behalf of the Protected Zone Joint Authority. This legislative instrument revokes previous Catch Reporting Notices Nos. 6, 7, and 6A, and mandates new requirements for reporting the delivery of tropical rock lobster. According to section (b)(ii) of the notice, anyone who is the master of a boat with a valid licence under section 19(3) of the Act, an operator of a fish processing facility in Australia, the master or a person on board a boat used to carry fish from the Torres Strait Protected Zone, or the pilot or a person on board an aircraft that takes delivery of tropical rock lobster during a specified period, must provide specific information about the delivery of these lobsters. The information required under section 1 of Schedule 1 includes the amount of tropical rock lobster delivered, expressed as tail weight, separately for deliveries made in Australian and Papua New Guinea jurisdictions. If the lobsters are received from a commercial boat over six metres in length, the name of the boat must also be reported. This information, as specified in Schedule 2, must be submitted to the Officer-in-Charge of the Australian Fisheries Service at PO Box 376, Thursday Island, QLD 4875, with the sender's name and the name of the boat, aircraft, or processing plant involved. The report should be submitted on the last day of each month, ensuring compliance with the reporting schedule. The obligations imposed by the Act and this Notice require individuals and entities involved in the delivery of tropical rock lobster to accurately and timely furnish the specified information. This includes categorising the lobsters by jurisdiction and boat size, and ensuring that the information is sent to the designated authority on a monthly basis. These obligations are essential for monitoring and managing the commercial and community fishing activities within the Torres Strait region. Failure to comply with the requirements set out in the Catch Reporting Notice No. 13 could result in significant consequences. Although the specific penalties are not detailed in the provided excerpt, the Torres Strait Fisheries Act 1984 generally includes provisions for both civil and criminal penalties for non-compliance with its requirements. These penalties may include fines and other enforcement actions, depending on the nature and severity of the breach.