Fisheries Management Notice No. 11 - Prohibition relating to the taking of prawns in the Torres Strait protected zone and certain waters outside but near that zone

Overview

The Torres Strait Fisheries Act 1984 was enacted by the Parliament of Australia to address issues related to the management and regulation of fisheries within the Torres Strait, a region of significant ecological and cultural importance. This Act aims to provide a legal framework for the sustainable management of fisheries, recognising the unique environmental and social aspects of the area. The Torres Strait Fisheries Act establishes the Protected Zone Joint Authority, which is tasked with the responsibility of implementing and enforcing regulations to protect the marine environment and the rights of indigenous communities. The policy objective of the Act is to ensure the conservation and sustainable use of fisheries resources in the Torres Strait, balancing ecological sustainability with economic and social considerations. In line with the Torres Strait Fisheries Act, the Protected Zone Joint Authority issued Fisheries Management Notice No. 11, which introduced a temporary prohibition on the taking of prawns (family Penaeidae) in the Torres Strait Protected Zone and certain nearby waters. This prohibition was enacted to safeguard the prawn stocks during their breeding season, thereby supporting the long-term sustainability of the fishery. The notice, dated 6 November 1985, took effect from 0200 hours Greenwich mean time on 13 December 1985, and remained in force until 0200 hours Greenwich mean time on 28 February 1986. This measure reflects the commitment of the Australian government to the responsible management of marine resources in the Torres Strait.

Scope and Application

The Torres Strait Fisheries Act 1984 applies to the regulation and management of fisheries in the Torres Strait, encompassing both the protected zone and surrounding waters. This legislation specifically targets the conduct of fishing activities, particularly those involving the taking of prawns within the designated zones. The Act’s jurisdictional reach extends throughout the Commonwealth of Australia, with specific provisions directed towards the Torres Strait region. The legislation applies to individuals, entities, and industries involved in fishing activities within the specified zones, ensuring compliance with the outlined restrictions and prohibitions. Notably, Fisheries Management Notice No. 11 issued under this Act, sets out a clear prohibition on the taking of prawns in the Torres Strait protected zone and certain adjacent waters from 0200 hours Greenwich mean time on 13 December 1985 until 0200 hours Greenwich mean time on 28 February 1986. This temporary prohibition is aimed at protecting prawn stocks during a critical period. The notice extends the application of the Act by specifying the exact time frame and geographic area affected, thereby providing a detailed implementation of the legislative intent.

Key Provisions

The key operative sections of the Fisheries Management Notice No. 11 under the Torres Strait Fisheries Act 1984 (section 35(1)(a)) prohibit the taking of prawns in the Torres Strait Protected Zone and certain adjacent waters (section 16(1)(a)) during a specific period from 0200 hours Greenwich Mean Time on 13 December 1985 to 0200 hours Greenwich Mean Time on 28 February 1986. This notice is issued by the Protected Zone Joint Authority, and it targets prawns belonging to the family Penaeidae. Essentially, during the specified timeframe, it is illegal to catch, harvest, or take any prawns within the defined geographical area. The Act imposes specific obligations on parties and entities governed by this notice. Those involved in fishing activities in the designated areas must ensure that they do not engage in the taking of prawns during the prohibited period. This includes individuals, fishing vessels, and any other entities involved in prawn fishing operations. Compliance is mandatory, and failure to adhere to the prohibition can result in legal repercussions. Additionally, there may be requirements for monitoring and reporting to ensure that the provisions of the notice are enforced effectively. The Torres Strait Fisheries Act 1984 provides for offences and penalties for breaches of the provisions set out in the Fisheries Management Notice No. 11. Any person or entity found to be in violation of the prawn taking prohibition may be subject to both civil and criminal penalties. Under the Act, the maximum penalties for such offences can include fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, with more severe penalties typically reserved for repeated or particularly egregious violations. Enforcement of these penalties is carried out by the relevant authorities, ensuring that the prohibition is strictly adhered to. In summary, the Fisheries Management Notice No. 11 under the Torres Strait Fisheries Act 1984 establishes a clear prohibition on the taking of prawns in certain areas during a specified period. It imposes significant obligations on those involved in prawn fishing to comply with the notice. Failure to do so can result in serious legal consequences, including fines and potential imprisonment, depending on the severity of the breach. This legislative instrument is designed to regulate fishing activities in the Torres Strait and protect prawn stocks during critical periods.