Torres Strait Fisheries Management Notice No. 49 (16/04/1998)

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for specific management of fisheries within the Torres Strait, particularly concerning the sustainability and equitable management of resources in the region. The Torres Strait Fisheries Act provides for the management of fisheries within the Torres Strait, aiming to balance the economic interests of those who depend on fishing with the need for conservation and sustainable use of marine resources. This Act was enacted by the Commonwealth Parliament of Australia and aims to ensure that the fisheries within the Torres Strait are managed in a way that recognises and protects the rights and interests of both Indigenous communities and non-Indigenous commercial interests. The Torres Strait Fisheries Management Notice No. 49, issued in 1998, serves to amend the existing management practices by updating the prohibition periods for prawn taking and carrying within the Torres Strait prawn fishery, reflecting changes in ecological and economic considerations.

Scope and Application

The Torres Strait Fisheries Management Notice No 49 amends certain provisions of the Fisheries Management Notice No. 40, with a specific focus on the Torres Strait prawn fishery. This notice is made under the authority of the Torres Strait Fisheries Act 1984 and applies exclusively to the area of the Torres Strait prawn fishery. The amendment primarily alters the prohibition periods concerning the taking and carrying of prawns, defining new timeframes that commence and end at specified hours on certain dates. The notice is crafted to regulate the activities within this specific fishery and does not extend beyond the defined geographical and temporal boundaries. It operates under the same interpretative framework as the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations, ensuring consistency in the application and understanding of its provisions.

Key Provisions

The Torres Strait Fisheries Management Notice No. 49 amends the existing Fisheries Management Notice No. 40 under the Torres Strait Fisheries Act 1984. Specifically, the Notice deletes paragraph 9.1 of the previous notice and substitutes it with new provisions regarding the prohibition of prawn taking and carrying in the Torres Strait prawn fishery. According to the new provisions, the taking of prawns is prohibited during two distinct periods: from 0600 hours local time on 1 December until 1700 hours local time on 1 March, and from 1700 hours local time on 1 March until 1700 hours local time on 31 July in the specified area within Schedule 5 (section 5). Similarly, the carrying of prawns is prohibited from 0600 hours local time on 15 December until 1700 hours local time on 1 March (section 9.1(b)). The obligations imposed by this Notice on the parties or entities it governs include strict adherence to the specified periods during which prawn taking and carrying are prohibited. This means that any person engaged in activities related to prawn fishing within the Torres Strait prawn fishery must ensure that such activities do not occur during the banned periods. Failure to comply with these prohibitions could result in legal consequences. The Notice also mandates that all parties must refer to the definitions and terms as outlined in the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations to correctly interpret and apply the provisions. In terms of enforcement, the Torres Strait Fisheries Act 1984 provides for a range of penalties for breaches of its provisions. Generally, contraventions of the Act may result in fines, imprisonment, or both, depending on the severity of the breach. For example, under section 48 of the Act, a person who contravenes a prohibition or requirement under the Act may be liable for a penalty of up to $50,000 for an individual and $250,000 for a body corporate. Additionally, sections 50 and 51 of the Act provide for the imposition of additional penalties for repeat offences and for offences committed in a manner that causes significant harm to the fishery or its resources. The specific penalties for breaches of the provisions in Notice No. 49 would be determined in accordance with these sections of the Act.