Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 40
TORRES STRAIT PRAWN FISHERY
PROHIBITION ON TAKING
PRAWNS AND CARRYING
FISHING EQUIPMENT
I, David Peter Beddall, Minister for Resources and member of the Protected Zone
Joint Authority in accordance with the powers conferred by paragraph 35(1)(a) of
the Torres Strait Fisheries Act 1984, hereby make on behalf of the Protected Zone
Joint Authority, the following notice.
Dated this 24th day of February 1994
DAVID PETER BEDDALL
_______________________________
CITATION | REVOCATION OF FISHERIES
MANAGEMENT NOTICE NO. 37 4. Fisheries Management Notice No.
37 dated 22 May 1992 is revoked. INTERPRETATION 5.1 In this Notice, unless the contrary
intention appears, words have the
same meaning as in the Torres
Strait Fisheries Act 1984, and – "local time" means the time of day
in the State of Queensland; and "prawns" means fish of the family
Penaeidae spp; and "the Act" means the Torres Strait
Fisheries Act 1984, and |
1. This Notice may be cited as
Torres Strait Fisheries
Management Notice No. 40. |
COMMENCEMENT |
2. This notice commences on
Gazettal. |
THIS NOTICE TO APPLY WITH OTHER NOTICES |
3. This notice applies in conjunction
with any other notice in force from
time to time in the area of the
prawn fishery. |
|
|
"the area of the prawn fishery"
means the area of the prawn
fishery defined in Schedule 1;
and
5.2 Where for the purposes of this
Notice it is necessary to determine
the position on the surface of the
Earth of a point, line or area, that
position shall be determined by
reference to the Australian
Geodetic Datum, that is to say, by
reference to a spheroid having its
centre at the centre of the Earth
and a major (equatorial) radius of
6,378,160 metres and a flattening
of 1/298.25 and by reference to
the position of the Johnston
Geodetic Station in the Northern
Territory of Australia. That station
shall be taken to be situated at
Latitude 25°56'54.5515" South
and at Longitude 133°12'30.0771"
East and to have a ground level of
571.2 metres above the spheroid
referred to above.
PERMANENT CLOSURE WEST OF
WARRIOR REEF
6.1 Pursuant to paragraph 16(1)(a) of
the Act, the taking of prawns is prohibited in that part of the area
of the prawn fishery that is within
the area specified in Schedule 2.
6.2 Pursuant to paragraph 16(1)(a) of
the Act, the carrying of prawns is
prohibited in that part of the area
of the prawn fishery that is within
the area specified in Schedule 2,
except the area specified in
Schedule 3.
6.3 CARRIAGE OF EQUIPMENT
Pursuant to paragraph 16(1)(o) of
the Act a person is prohibited in
the area specified in Schedule 2,
but with the exception of the area
specified in Schedule 3 under
paragraph 7, from having in that
persons possession or in that
persons charge in a boat,
equipment that is –
(i) capable of being used for any
kind of trawling; or
(ii) capable of being used for
taking prawns
unless all of that equipment
including nets, boards, beams,
and skids are carried either in the
racks or on the deck.
CARRIAGE OF EQUIPMENT IN the THURSDAY ISLAnD AND CAPE YORK TRANSIT CORRIDOR
7. Pursuant to paragraph 16(1)(o) of
the Act a person is prohibited in
the area specified in Schedule 3
from having in that persons
possession or in that persons
charge in a boat, equipment that
is –
(i) capable of being used for any
kind of trawling; or
(ii) capable of being used for
taking prawns
unless that equipment is carried
so that all of the equipment is out
of the water, or if any part of the
equipment is in the water –
(iii) that all cod ends are open and
drawn up to the boat so that
the cod ends would be visible
from an aircraft or another
boat; and
(iv) the boards are at the blocks.
PERMANENT CLOSURE AROUND DARNLEY ISLAND 8.1 Pursuant to paragraph 16(1)(a) of
the Act, the taking of prawns is
prohibited in that part of the area
of the prawn fishery that is within
the areas specified in Schedule 4. 8.2 CARRIAGE OF EQUIPMENT Pursuant to paragraph 16(1)(o) of
the Act a person is prohibited in
the areas specified in Schedule 4
from having in that persons
possession or in that persons
charge in a boat, equipment that
is – (i) capable of being used for any
kind of trawling; or (ii) capable of being used for
taking prawns unless that equipment is carried
so that all of the equipment is out
of the water, or if any part of the
equipment is in the water – (iii) that all cod ends are open and
drawn up to the boat so that
the cod ends would be visible
from an aircraft or another
boat; and (iv) the boards are at the blocks. SEASONAL CLOSURE OF THE ENTIRE PRAWN FISHERY AND EXTENDED SEASONAL CLOSURE EAST OF WARRIOR REEF 9.1 Pursuant to paragraph 16(1)(a) of
the Act, the taking of prawns is
prohibited –
| (a) in the area of the prawn
fishery during the period
commencing at 0600 hours
local time on 1 December in
any year and ending at 1700
hours local time on 1 March in
the following year; and (b) in that part of the area of the
prawn fishery that is within the
area specified in Schedule 5,
during the period commencing
at 1700 hours local time on
1 March in any year and
ending at 1700 hours local
time on 31 July in the same
year. 9.2 CARRIAGE OF EQUIPMENT Pursuant to paragraph 16(1)(o) of
the Act a person is prohibited in
an area where and at a time
during which, a prohibition is in
force under paragraph 9.1 of this
notice from having in that persons
possession or in that persons
charge in a boat, equipment that
is – (i) capable of being used for any
kind of trawling; or (ii) capable of being used for
taking prawns unless all of that equipment
including nets, boards, beams,
and skids are carried either in the
racks or on the deck. schedule 1 Area of the Prawn Fishery The area consisting of – (a) the area of waters in the Protected Zone to the south of |
the Fisheries Jurisdiction Line;
and (b) the area of waters (excluding
any waters within the limits of
Queensland) bounded by a
line – (1) commencing at the point of
intersection of the parallel
of Latitude 10°28'00" South
and the meridian of
Longitude 142°09'00" East; (2) running then east along the
parallel of Latitude
10°28'00" South to its
intersection by the meridian of Longitude 144° East; (3) then south along that
meridian to its intersection
by the parallel of Latitude
10°41'17" South; (4) then west along that parallel
to its intersection by the
meridian of Longitude
142°31'49" East; (5) then south along that
meridian to its northernmost
intersection by the coastline
of Cape York Peninsula at
low water; (6) thence generally south-
westerly along the western
coastline of Cape York
Peninsula, that is along the
low water line on that coast
and across any river mouth,
to its intersection by the
meridian of Longitude
142°09'00" East; (7) thence north along that
meridian to the point of
commencement; and | (c) the territorial sea of Australia north
of the Fisheries Jurisdiction Line. schedule 2 Permanent closure west of
Warrior Reef. The areas bounded by a line – (1) commencing at the point of
Latitude 9°46'00" South,
Longitude 142°00'00" East; (2) running thence north-easterly
along the geodesic to the point of
Latitude 9°45'24" South,
Longitude 142°03'30" East; (3) thence north along the meridian
of Longitude 142°03'30" East to
its intersection by the parallel of
Latitude 9°15'43" South; (4) thence north-easterly along the
geodesic to the point of Latitude
9°12'50" South, Longitude
142°06'25" East; (5) thence north-easterly along the
geodesic to the point of Latitude
9°11'51" South, Longitude
142°08'33" East; (6) thence south-easterly along the
geodesic to the point of Latitude
9°11'58" South, Longitude
142°10'18" East; (7) thence north-easterly along the
geodesic to the point of Latitude
9°11'22" South, Longitude
142°12'54" East; (8) thence south-easterly along the
geodesic to the point of Latitude
|
9°11'34" South, Longitude
142°14'08" East; (9) thence south-easterly along the
geodesic to the point of Latitude
9°13'53" South, Longitude
142°16'26" East; (10) thence south-easterly along the
geodesic to the point of Latitude 9°16'04" South, Longitude
142°20'41" East; (11) thence south-easterly along the
geodesic to the point of Latitude
9°22'04" South, Longitude
142°29'41" East; (12) thence north-easterly along the
geodesic to the point of Latitude
9°21'48" South, Longitude
142°31'29" East; (13) thence south-easterly along the
geodesic to the point of Latitude
9°22'33" South, Longitude
142°33'28" East; (14) thence north-easterly along the
geodesic to the point of Latitude
9°21'25" South, Longitude
142°35'29" East; (15) thence north-easterly along the
geodesic to the point of Latitude
9°20'21" South, Longitude
142°41'43" East; (16) thence north-easterly along the
geodesic to the point of Latitude
9°20'16" South, Longitude
142°43'53" East; (17) thence north-easterly along the
geodesic to the point of Latitude
9°19'26" South, Longitude
142°48'18" East where it joins the
outer limit of the three mile
territorial sea of Saibai Island; | (18) thence along the outer limit so as
to pass to the east of Saibai
Island to the point of Latitude
9°23'40" South, Longitude
142°51'00" East; (19) thence south along the meridian
of Longitude 142°51'00" East to
its intersection by the parallel of
Latitude 9°40'30" South; (20) thence north-easterly along the
geodesic to the point of Latitude
9°40'00" South, Longitude
143°00'00" East; (21) thence north-easterly along the
geodesic to the point of Latitude
9°33'00" South, Longitude
143°05'00" East; (22) thence east along the parallel of
Latitude 9°33'00" South, to its
intersection by the median of
Longitude 143°11'00" East; (23) thence south-westerly along the
geodesic to the point of Latitude
9°46'00" South, Longitude
143°02'20" East; (24) thence south-westerly along the
geodesic to the point of Latitude
10°13'00" South, Longitude
142°51'00" East; (25) thence south-westerly along the
geodesic to the point of Latitude
10°28'00" South, Longitude
142°31'49" East; (26) thence south along the meridian
of Longitude 142°31'49" East to
its intersection by the northern-
most point of the shore of Cape
York Peninsula at the low water
mark; |
(27) thence generally south-westerly
along the western coastline of
Cape York Peninsula, that is
along the low water line on that
coast and across any river
mouth, to its intersection by the
meridian of Longitude 142°09'00"
East; (28) thence north along that meridian
to its intersection by the parallel
of Latitude 10°28'00" South; (29) thence west along that parallel to
its intersection by the meridian of Longitude 141°20'00" East; (30) thence north along that meridian
to its intersection by the parallel
of Latitude 10°10'28.73" South;
and (31) then north-easterly along the
geodesic to the point of
commencement. SCHEDULE 3 THURSDAY ISLAND AND CAPE YORK TRANSIT CORRIDOR That part of the prawn fishery bounded
by a line: (1) commencing at the point of
Latitude 10°06'00" South,
Longitude 142°54'00" East; (2) running thence south-westerly
along the geodesic to the point of
Latitude 10°13'00" South,
Longitude 142°51'00" East; (3) thence south-westerly along the
geodesic to the point of Latitude
10°28'00" South, Longitude
142°31'49" East; | (4) thence South along the meridian
of Longitude 142°31'49" to its
intersection by the Northern most
point of the shore of Cape York
Peninsula at low water mark; (5) thence generally south-westerly
along the western coastline of
Cape York Peninsula, that is
along the low water line on that
coast and across any river
mouth, to its intersection by the
meridian of Longitude 142°09'00"
East; (6) thence north along that meridian
to its intersection by the parallel
of latitude 10°28'00" South; (7) thence north-easterly along the
geodesic to the point of
commencement. SCHEDULE 4 Permanent closure Darnley Island The area bounded by a line – (1) commencing at the point of
Latitude 10°00'00" South,
Longitude 143°39'00" East; (2) thence east along that parallel to
its intersection by the meridian of
Longitude 144°07'00" East; (3) thence northerly along the
geodesic to the point of Latitude 9°30'00" South, Longitude 144°15'00" East; (4) thence north-westerly along the geodesic to the point of Latitude 9°27'20" South, Longitude 144°06'00" East; |
(5) thence west along that parallel to
its intersection by the meridian of
Longitude 143°52'00" East; (6) thence south-westerly along the
geodesic to the point of Latitude
9°33'00" South, Longitude
143°39'00" East; (7) thence south along that meridian
to the point of commencement. SCHEDULE 5 SEASONAL CLOSURE EAST OF WARRIOR REEF The area bounded by a line – (1) commencing at the point of Latitude 10°00'00" South, Longitude 142°56'28" East; (2) thence east along that parallel to
its intersection by the meridian of
Longitude 143°04'24" East; (3) thence north-easterly along the
geodesic to the point of Latitude
9°52'30" South, Longitude
143°09'30" East; (4) thence north-easterly along the
geodesic to the point of Latitude
9°46'00" South, Longitude
143°14'00" East; (5) thence north-easterly along the
geodesic to the point of, Latitude
9°36'30" South, Longitude
143°17'00" East; (6) thence north-easterly along the
geodesic to the point of Latitude
9°33'00" South, Longitude
143°20'00" East; | (7) thence west along that parallel to
its intersection by the meridian of
Longitude 143°19'46" East; (8) thence along a series of intersecting arcs of circles having
a radius of three miles and drawn
successively from the following
points, (which describe that part
of the territorial sea of Pearce
Cay which lies North of the
Fisheries Jurisdiction Line) – Latitude Longitude
(South (East) (a) 9°30'50" 143°17'40"
(b) 9°30'48" 143°17'42"
(c) 9°30'41" 143°17'43"
(d) 9°30'42" 143°17'34"
(e) 9°30'43" 143°17'26"
(f) 9°30'46" 143°17'19"
(g) 9°30'50" 143°17'08"
(h) 9°30'53" 143°17'03"
(i) 9°30'56" 143°17'03" to the point of Latitude 9°33'00"
South, Longitude 143°14'51"
East; (9) thence west along that parallel to
its intersection by the meridian of
Longitude 143°11'00" East; (10) thence south-westerly along the
geodesic to the point of Latitude
9°46'00" South, Longitude
143°02'20" East; (11) thence south-westerly along the
geodesic to the point of
commencement. |
Overview
The Torres Strait Fisheries Act 1984 was enacted to address the need for sustainable management of fisheries in the Torres Strait, particularly focusing on the prawn fishery. This legislation was introduced by the Australian Parliament to provide a legal framework for the regulation and conservation of fisheries in the region. The policy objective of the Act is to ensure the sustainable use of fishery resources in the Torres Strait, balancing the needs of the local communities, including the traditional owners, with commercial interests. The Act provides the authority for the creation of management notices, such as Fisheries Management Notice No. 40, which outlines specific regulations for the prohibition of taking prawns and carrying fishing equipment in certain areas to protect and conserve the prawn fishery resources.
Scope and Application
The Torres Strait Fisheries Management Notice No. 40 applies to individuals and entities involved in prawn fishing activities within the specified areas of the Torres Strait, as defined under the Torres Strait Fisheries Act 1984. The legislation delineates specific geographic zones within the Torres Strait Prawn Fishery where prawn taking and the carriage of prawn fishing equipment are prohibited. This includes permanent closures west of Warrior Reef, around Darnley Island, and during specific seasonal periods. The geographic scope of this Notice encompasses the waters within the Torres Strait, under the jurisdiction of the Protected Zone Joint Authority. The Notice excludes certain areas from these prohibitions, such as the Thursday Island and Cape York Transit Corridor, where specific conditions must be met for the carriage of prawn fishing equipment. The application of this Notice is further defined through schedules attached to the legislation, which specify the exact boundaries and conditions of the restricted areas. The Notice extends its application through subordinate instruments, ensuring that specific provisions and closures are effectively communicated and enforced within the designated prawn fishery zones.
Key Provisions
The Torres Strait Fisheries Management Notice No. 40, made under the Torres Strait Fisheries Act 1984, sets out specific prohibitions on the taking and carriage of prawns and fishing equipment within designated areas of the prawn fishery. According to Section 5.1, prawns are defined as fish of the family Penaeidae spp, and local time refers to the time of day in Queensland. Section 6.1 prohibits the taking of prawns in the area specified in Schedule 2, while Section 6.2 prohibits the carrying of prawns in the same area except as specified in Schedule 3. Section 6.3 further prohibits the possession or carriage of equipment capable of being used for trawling or taking prawns in Schedule 2 unless the equipment is carried in racks or on the deck.
The Notice imposes several obligations on parties involved in the prawn fishery. Firstly, it requires that any equipment capable of being used for trawling or taking prawns must be carried in a specific manner to ensure safety and compliance. In areas specified in Schedules 2, 3, and 4, equipment must either be entirely out of the water or, if partially submerged, must have open cod ends and boards at the blocks. This ensures that the equipment does not pose a hazard or interfere with other fishing activities. Additionally, there are permanent and seasonal closures for prawn taking and equipment carriage in specific areas of the fishery, as outlined in Sections 8.1 and 9.1.
Breaches of the provisions set out in this Notice may result in legal consequences. Under Section 16(1)(a) and (o) of the Torres Strait Fisheries Act 1984, penalties for non-compliance can include fines and, in severe cases, criminal charges. The maximum penalties for breaches of such provisions are not explicitly stated in the Notice, but they are generally aligned with the penalties outlined in the principal Act. The seriousness of the offence, the intent behind the breach, and any previous convictions are factors that would be considered in determining the appropriate penalty. Compliance with these regulations is crucial to ensure the sustainability of the prawn fishery and the protection of marine resources.