Torres Strait Fisheries Management Instrument No. 7 (26/08/2011)

Overview

The Torres Strait Fisheries Management Instrument No. 7, enacted under the authority of the Protected Zone Joint Authority, is a legislative instrument established pursuant to the Legislative Instruments Act 2003. This instrument was introduced to update and refine the regulatory framework for the Torres Strait Pearl Shell Fishery, which primarily involves the collection of Gold-lip Pearl Shells and other species by licensed divers. The Act addresses gaps in the previous regulatory arrangements by incorporating new provisions and revoking outdated notices. The overarching policy objective is to ensure sustainable management of the pearl shell fishery within the Torres Strait, balancing the needs of traditional fishing practices with conservation imperatives. This instrument replaces Fisheries Management Notice No.69, which had been in place since 2004. It was developed following extensive consultation with industry stakeholders, government representatives, and scientific experts through bodies such as the Torres Strait Hand Collectables Working Group and the Torres Strait Fisheries Management Advisory Committee. The new instrument includes additional regulations to manage the collection of the genus Pteria, ensuring comprehensive coverage of all pearl shell species within the fishery. This legislative update aims to maintain the ecological balance while supporting the livelihoods of Torres Strait Traditional Inhabitants who engage in pearl shell collection.

Scope and Application

The Torres Strait Fisheries Management Instrument No. 7 applies to the management and regulation of the Torres Strait Pearl Shell Fishery, specifically targeting the collection of pearl shell, including the Gold-lip Pearl Shell and Black-lip Pearl Shell species, by traditional inhabitants within the Torres Strait. The instrument is established under the Torres Strait Fisheries Act 1984 and operates within the Commonwealth jurisdiction, providing a legislative framework to regulate fishing activities, which the Protected Zone Joint Authority (PZJA) is authorised to exercise. The instrument replaces and revokes previous arrangements under Fisheries Management Notice No. 69, and it includes new provisions such as the inclusion of the genus Pteria within the regulated groups of pearl shell. Exemptions are provided for certain individuals and activities, such as those holding appropriate licenses, pearl shell farmers under the Queensland Fisheries Act 1994, traditional fishing activities by Traditional Inhabitants, and smaller boats. The instrument sets forth prohibitions on taking, processing, or carrying pearl shell, as well as specific size and method restrictions, which apply to the Torres Strait Pearl Shell Fishery area.

Key Provisions

The primary sections of the Torres Strait Fisheries Management Instrument No.7 (Clauses 1 to 11) outline the fundamental rules and regulations governing the Torres Strait Pearl Shell Fishery. Clause 1 provides the title of the instrument, Clause 2 specifies its commencement date, Clause 3 details its validity period, Clause 4 revokes the previous Fisheries Management Notice No.69, and Clause 5 sets out the interpretation of terms used. Clauses 6, 8, and 9 impose specific prohibitions and restrictions on the taking, processing, and carrying of pearl shell, including size limits and measurement methods. Clauses 7 and 10 detail the exemptions from these prohibitions and restrictions, particularly for traditional fishing practices by Traditional Inhabitants. Clause 11 outlines the permissible methods for collecting pearl shell. The obligations imposed by the Act on parties and entities within the Torres Strait Pearl Shell Fishery are extensive and multifaceted. Firstly, the Act mandates that no person may take, process, or carry pearl shell within the designated area unless an exemption applies (Clause 6.1). This prohibition extends to both live and dead pearl shell, encompassing not only the Gold-lip Pearl Shell (Pinctada maxima) but also other pearl shell species, including those within the newly regulated genus Pteria (Clause 6.2). Additionally, specific size limits are enforced for the Gold-lip Pearl Shell and the Black-lip Pearl Shell (Clause 8), with Traditional Inhabitants engaged in traditional fishing activities exempted from these restrictions (Clause 10). The Act also delineates permissible collection methods, ensuring sustainable and environmentally responsible practices (Clause 11). Furthermore, it stipulates that any exemptions from the prohibitions must be strictly adhered to by licensed individuals and boats, including those from Papua New Guinea with specific endorsements (Clause 7). The Torres Strait Fisheries Management Instrument No.7 includes provisions that outline the consequences for non-compliance with the regulations. While the explanatory statement does not detail specific offences, penalties, or consequences, it is evident that breaches of the prohibitions on taking, processing, or carrying pearl shell, as well as violations of size restrictions and collection methods, could result in significant legal repercussions. Given the regulatory framework under the Torres Strait Fisheries Act 1984, penalties for such breaches might include fines, imprisonment, or both. The exact penalties would depend on the severity of the breach and any relevant case law or precedents. The Act empowers the Protected Zone Joint Authority (PZJA) to enforce these regulations, ensuring compliance through monitoring, inspections, and the imposition of penalties for non-compliance. This stringent enforcement mechanism underscores the importance of adhering to the regulations to maintain the sustainability and integrity of the Torres Strait Pearl Shell Fishery.