Torres Strait Fisheries Management Notice No. 56 (04/05/2001)

Overview

The Torres Strait Fisheries Act 1984 was enacted to manage fisheries within the Torres Strait, addressing the need for sustainable and equitable management of the region's marine resources. This legislation provides a framework for the regulation of fishing activities, ensuring that the exploitation of marine resources is conducted in a manner that conserves these resources for future generations. The Torres Strait Fisheries Act 1984 was enacted by the Australian Parliament, reflecting a policy objective to balance economic, environmental, and social considerations in the management of fisheries within this unique region. Fisheries Management Notice No. 56, issued under the authority of the Torres Strait Fisheries Act 1984, specifically targets the prohibition on taking Moreton Bay Bugs with a carapace width of less than 75 millimetres in the Torres Strait Prawn Fishery. This notice, made by the Commonwealth Minister for Forestry and Conservation and Chairman of the Protected Zone Joint Authority, aims to protect juvenile Moreton Bay Bugs and thereby support the conservation of this species. The notice operates in conjunction with other applicable notices, ensuring a cohesive approach to fishery management within the Torres Strait.

Scope and Application

The Torres Strait Fisheries Management Notice No. 56 applies to the area of the prawn fishery within the Torres Strait and specifically regulates the taking, processing, and carrying of Moreton Bay bugs, which are defined as fish of the genus Thenus. This Notice operates in conjunction with any other notices in force within the prawn fishery area, ensuring comprehensive regulatory oversight. The Notice prohibits the taking, processing, or carrying of Moreton Bay bugs with a carapace width of less than 75 millimetres, aiming to protect these species by enforcing a size restriction. However, it exempts individuals engaged in traditional fishing from these prohibitions, recognising and accommodating cultural practices. This Notice is made under the authority of the Torres Strait Fisheries Act 1984 and applies within the jurisdictional reach of the Commonwealth, ensuring uniform enforcement across the specified fishery area.

Key Provisions

The main operative sections of the Torres Strait Fisheries Management Notice No. 56 (hereinafter referred to as the Notice) establish specific regulations pertaining to the taking, processing, and carrying of Moreton Bay bugs within the area of the Torres Strait Prawn Fishery. Section 5 of the Notice prohibits the taking, processing, or carrying of Moreton Bay bugs that have a carapace width of less than 75 millimetres. This size restriction is intended to protect the species during its developmental stages. Section 6 provides an exemption from this prohibition for individuals engaged in traditional fishing activities, ensuring that cultural practices are preserved. The Notice imposes several obligations on the parties and entities it governs. Primarily, it requires all individuals and entities involved in the fishing activities within the designated area to adhere to the size restriction on Moreton Bay bugs. This means that any Moreton Bay bugs caught, processed, or carried must have a carapace width of at least 75 millimetres. Additionally, the Notice mandates that all activities related to the taking of Moreton Bay bugs must comply with this regulation, regardless of the type of fishing being undertaken, unless an exemption applies. In terms of consequences for non-compliance, the Notice does not explicitly outline specific offences, penalties, or civil/criminal consequences within its text. However, breaches of the provisions under the Torres Strait Fisheries Act 1984, from which this Notice derives its authority, can lead to significant penalties. For example, unauthorised fishing activities can result in substantial fines and, in severe cases, criminal charges. The penalties for contravening the Act's provisions can include fines up to $22,200 for individuals and substantially higher amounts for corporations, alongside potential imprisonment terms. These penalties reflect the seriousness with which the Australian government treats the enforcement of fishing regulations to ensure sustainable management of marine resources.