Fisheries Management Notice No. 29 - Prawn fishery prohibition on Taking of prawns by Papua New Guinea boats

Overview

The Torres Strait Fisheries Act 1984 was enacted to address issues related to fisheries management within the Torres Strait, an area of significant ecological and cultural importance. The Act provides the legal framework for the management of fisheries in the region, ensuring sustainable practices and protecting the interests of both local and foreign fishers. The Fisheries Management Notice No. 29, issued in 1989 by the Minister of State for Primary Industries and Energy, John Charles Kerin, on behalf of the Protected Zone Joint Authority, aims to specifically prohibit Papua New Guinea boats from taking prawns in the Torres Strait prawn fishery. This legislative instrument targets the unauthorised use of certain fishing equipment by foreign vessels, imposing strict regulations to maintain the integrity of the local prawn fishery. The overarching policy objective is to preserve the sustainability and productivity of the fishery, balancing the economic needs of fishers with environmental conservation efforts.

Scope and Application

The Torres Strait Fisheries Act 1984, through Fisheries Management Notice No. 29, applies to the prawn fishery in the Torres Strait, specifically targeting boats with a Papua New Guinea licence. This legislation is enacted to regulate and restrict prawn fishing activities by foreign vessels, ensuring compliance with Australian fishing regulations. The Act prohibits the taking of prawns by Papua New Guinea-licensed boats and the possession or use of certain equipment such as otter trawl nets and boards, unless these are carried in a specific manner as outlined in Schedule 1. This includes stipulations that no part of the equipment should be in the water, boards should be stowed in racks or hanging from blocks, and the cod-end of each net must be open. The Act's jurisdiction is limited to the Commonwealth, specifically within the geographical confines of the Torres Strait, and it extends its reach through subordinate instruments to enforce compliance with the specified prohibitions and conditions.

Key Provisions

The main operative sections of this Fisheries Management Notice, issued under the Torres Strait Fisheries Act 1984, include provisions that prohibit the taking of prawns by boats with a Papua New Guinea licence (section 1), the possession or charge of prawn-taking equipment such as otter trawl nets and boards on such boats (section 2), and provide exemptions for endorsed boats (section 3). Specifically, section 1 prohibits the taking of Penaeidae fish, commonly known as prawns, in the prawn fishery area by boats with a Papua New Guinea licence. Section 2 further prohibits the possession or charge of otter trawl nets and boards on such boats unless the equipment is carried in the manner specified in Schedule 1. Schedule 1 stipulates that equipment should be carried so that no part of it is in the water, boards are stowed in racks or hanging from blocks, and the cod-end of each net is open. Section 3 provides an exemption for boats that have been endorsed under section 20 of the Act, thereby exempting them from the prohibitions in sections 1 and 2. This Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it requires boat operators with a Papua New Guinea licence to refrain from taking prawns in the specified area (section 1). Secondly, it mandates that such boat operators must ensure that any prawn-taking equipment on board is carried in the manner specified in Schedule 1 (section 2). Thirdly, it requires that endorsed boats comply with the Act’s conditions to benefit from the exemption outlined in section 3. Failure to adhere to these requirements may result in legal consequences. The legislation also outlines specific offences and potential penalties for breaches. While the Act does not explicitly state penalties within the notice, the Torres Strait Fisheries Act 1984 provides a framework for enforcement and penalties. Offences under this Act can result in civil penalties, such as fines, and in some cases, criminal penalties including imprisonment. The exact penalties depend on the severity and nature of the breach, with potential maximum penalties set out in the principal Act. It is important for boat operators and other relevant parties to comply with the provisions to avoid these consequences.