Torres Strait Fisheries Management Notice No. 47 (02/09/1997)

Overview

The Torres Strait Fisheries Act 1984 was enacted by the Australian Parliament to address the need for effective management of fisheries within the Torres Strait, recognising both the cultural significance of fishing to the local Indigenous communities and the necessity of sustainable fishing practices. This legislation was introduced to provide a regulatory framework that balances the economic, social, and environmental needs of the region. The Torres Strait Fisheries Act 1984 aims to ensure the sustainable use of fisheries resources, maintain the ecological balance, and protect the traditional rights and interests of the local communities. The Torres Strait Fisheries Management Notice No. 47, made under section 16 of the Act by the Commonwealth Minister for Resources and Energy, specifically targets the regulation of boat sizes in the Torres Strait fisheries, prohibiting the use of boats longer than 20 metres unless certain conditions are met. This notice serves to enforce sustainable fishing practices by limiting the size of boats used, thereby reducing the environmental impact and ensuring that fishing activities are carried out in a manner that is sustainable and equitable.

Scope and Application

The Torres Strait Fisheries Management Notice No. 47 applies to all fisheries under the jurisdiction of the Torres Strait Protected Zone Joint Authority. This notice specifically targets the restriction on the size of boats used in fishing activities within the Torres Strait, aiming to manage and control the fishing industry to ensure sustainability and protect the marine environment. It applies to any person or entity operating a boat in these waters, and is made under the provisions of the Torres Strait Fisheries Act 1984, thus extending the Commonwealth's jurisdictional reach over the fisheries in the Torres Strait. The notice prohibits the use of boats longer than 20 metres for taking, carrying, or processing fish, with certain exemptions for those who held a valid licence on the day the notice came into force and have maintained continuous licensing since then, provided the boat has not been replaced or increased in length. The length of the boat is measured as the distance between the foremost and aftermost parts of the hull, including any appendages that effectively increase its length, but excluding anchor rails or similar structures. This notice operates in conjunction with any other notices in force, ensuring a cohesive regulatory framework for the fisheries in the region.

Key Provisions

The Torres Strait Fisheries Management Notice No. 47, issued under the Torres Strait Fisheries Act 1984, primarily focuses on restricting the size of boats used in fishing activities within the Torres Strait Protected Zone. Section 5 of the Notice prohibits the use of any boat longer than 20 metres for the taking, carrying, or processing of fish. This restriction is intended to manage and protect the fisheries in the area by limiting the potential impact of larger vessels on the marine ecosystem. Section 6 provides an exemption to the prohibition in Section 5 for boats that had a valid licence under either subsection 19(2) or (3) of the Torres Strait Fisheries Act 1984 on the date the Notice came into effect. To remain exempt, the boat must continue to hold a valid licence and must not have been replaced or increased in length since the Notice was issued. This ensures that only those vessels which were previously compliant with the regulations are allowed to continue fishing, provided they maintain their existing licence and size. The Notice further elaborates on how the length of a boat is to be measured, as outlined in Section 7.1. The length is defined as the distance between a vertical line passing through the foremost part of the hull and a vertical line passing through the aftermost part of the hull, measured in a horizontal plane. This measurement includes any appendage that effectively increases the length of the hull but excludes anchor rails, bowsprits, or similar appendages. Schedule A of the Notice provides diagrams to assist in interpreting this measurement. Regarding the consequences for non-compliance, while the Notice itself does not explicitly state penalties for breaches, the Torres Strait Fisheries Act 1984 and associated regulations do outline various offences and penalties. For example, under the Act, unauthorised fishing activities can result in civil penalties, including fines, and criminal penalties, including imprisonment. The exact penalties would depend on the specific circumstances of the breach and the provisions of the overarching Act and regulations.