Fisheries Management Notice No. 19 - Prohibition relating to the incidental taking and carrying of tropical rock lobster by prawn trawlers in the Torres Strait protected zone and in certain waters outside but near the zone

Overview

The Torres Strait Fisheries Act 1984 was enacted by the Australian Parliament to establish a framework for the management and regulation of fisheries within the Torres Strait, including the establishment of the Torres Strait Protected Zone. This Act was introduced to address the need for sustainable management of fisheries resources in the region, which includes both commercial and traditional fishing practices, and to protect the delicate marine ecosystem of the Torres Strait. The policy objective of the Act is to balance the economic interests of the fishing industry with the conservation of marine biodiversity and the protection of the cultural heritage of the Indigenous communities in the region. In this context, Fisheries Management Notice No. 19 was issued in 1988 by the Protected Zone Joint Authority to further refine the regulatory framework by prohibiting the incidental taking and carrying of tropical rock lobster by prawn trawlers in specified areas, aiming to reduce by-catch and protect this particular species within the broader objectives of the Torres Strait Fisheries Act 1984.

Scope and Application

The Torres Strait Fisheries Act 1984, as further specified by Fisheries Management Notice No. 19, applies to the prohibition of the incidental taking and carrying of tropical rock lobster (Panulirus ornatus) by prawn trawlers within the Torres Strait Protected Zone and in certain waters outside but near the zone. This legislation targets boats that are licensed under the Act, specifically those authorised for use in the prawn fishery. These boats may include those licensed under sub-section 19(2) or (3), those with a treaty endorsement made in a licence under sub-section 20(1), or those with an entry made in a licence or a treaty endorsement under sub-section 36(4) of the Act. The geographic reach of this legislation is confined to the waters of the Torres Strait, encompassing both the Protected Zone and adjacent areas. While the Act clearly defines its application, any exclusions, exemptions, or thresholds are not explicitly stated within this particular notice but could be elaborated upon in the overarching Act or other subordinate instruments.

Key Provisions

The Torres Strait Fisheries Act 1984 (the Act) provides a framework for managing fisheries in the Torres Strait region. One of the key provisions of the Act is the ability to issue management notices that can impose restrictions or prohibitions on certain fishing activities. In this case, Fisheries Management Notice No. 19 specifically targets the incidental taking and carrying of tropical rock lobster by prawn trawlers within the Torres Strait Protected Zone and in certain waters outside but near the zone (section 1). The notice prohibits the taking, processing, or carrying of tropical rock lobster (Panulirus ornatus) in the area of the prawn fishery by boats licensed under subsection 19(2) or (3) of the Act, boats with a treaty endorsement made in a licence under subsection 20(1) of the Act, or boats with an entry made in a licence or a treaty endorsement under subsection 36(4) of the Act (section 1(a), (b), and (c)). Under the Act, the Protected Zone Joint Authority is empowered to issue this prohibition to ensure the sustainable management of the tropical rock lobster population and the overall health of the ecosystem in the Torres Strait. The obligations imposed on the parties governed by this notice include adhering to the specified restrictions on the taking, processing, or carrying of tropical rock lobster in the designated areas. This means that prawn trawlers with the relevant licences or endorsements must not engage in any activity that involves the incidental taking or carrying of tropical rock lobster in the specified zones, even if it is not the primary target of their fishing operations. Failure to comply with the provisions of the Fisheries Management Notice No. 19 can result in both civil and criminal consequences. While the specific penalties are not detailed in the notice, the Act itself provides for potential sanctions. Under section 140 of the Act, a person who contravenes a management notice can be liable for a civil penalty of up to $55,000 for an individual or $275,000 for a body corporate, depending on the severity of the breach. In more serious cases, criminal penalties may also apply, with maximum penalties outlined in the Act for various offences related to fisheries management. These can include fines and imprisonment, with the specific penalties varying based on the nature and extent of the breach. It is important for parties subject to the notice to understand and comply with its requirements to avoid potential legal consequences.