Torres Strait Fisheries Management Notice No. 57 (04/05/2001)

Overview

The Torres Strait Fisheries Act 1984 was enacted to provide for the management of fisheries in the Torres Strait, addressing the need for sustainable management practices in this unique marine environment. The Act was introduced by the Australian Parliament and aims to balance the economic, social, and environmental needs of the region, ensuring the conservation and sustainable use of marine resources. As part of its provisions, the Torres Strait Fisheries Act empowers the Protected Zone Joint Authority to issue management notices to regulate fishing activities, including the restrictions on fishing gear to protect marine ecosystems and ensure the sustainability of fish stocks. This legislative framework seeks to maintain the ecological integrity of the Torres Strait while supporting the livelihoods of local communities who depend on its fisheries.

Scope and Application

The Torres Strait Fisheries Management Notice No. 57, which applies to the Torres Strait Prawn Fishery, outlines specific restrictions on the use of otter trawl equipment. This Notice is applicable to all individuals and entities involved in prawn fishing within the designated area, and its purpose is to enforce the provisions of the Torres Strait Fisheries Act 1984. It specifically prohibits the use or possession of otter trawl equipment that exceeds the length of 88 metres when one net is used, or a combined length of 88 metres when more than one net is used. Additionally, it restricts the size of the meshes in the cod end, the number of meshes in the vertical plane, the size of the meshes in other parts of the net, the number of lines of ground chain across the mouth of each net, the diameter of the links of the ground chain, and the use of a chain with a weight or attachment other than one for joining the chain to the net. This Notice applies in conjunction with any other notices in force in the area of the prawn fishery and came into effect upon its gazettal. Any exemptions or exclusions are not specified in this Notice but may be addressed in subordinate instruments or other legislative provisions.

Key Provisions

The Torres Strait Fisheries Management Notice No. 57 (Notice) pertains to the regulation of gear in the Torres Strait Prawn Fishery, specifically targeting otter trawl equipment. Under section 6.1 of the Notice, it is prohibited to use or possess otter trawl equipment in the Torres Strait Prawn Fishery if the net's length exceeds 88 metres when a single net is used, or if the combined length of multiple nets exceeds 88 metres. Additionally, the Notice, pursuant to section 6.2, imposes restrictions on the size and configuration of the meshes in the net. Specifically, the mesh size in the cod end must not be less than 38 millimetres, and there should not be more than 150 meshes when measured vertically from the drawstring. Furthermore, the mesh size in other parts of the net should not exceed 45 millimetres, and the net should not have more than one line of ground chain across its mouth. The diameter of the links of the ground chain must not exceed 10 millimetres, and the chain should not be used with a weight or an attachment other than one for joining the chain to the net. These specifications are crucial for ensuring sustainable fishing practices and protecting marine biodiversity in the Torres Strait. The Notice imposes several obligations on parties and entities involved in the Torres Strait Prawn Fishery. It mandates compliance with the specified restrictions on net length and mesh size to prevent overfishing and to protect juvenile and other marine species from being caught unintentionally. The Notice requires fishers to adhere to the measurement methods outlined in sections 7.1 and 7.2 for determining the length of the net and the size of the meshes. These methods provide clear guidelines for compliance and ensure that the regulations are applied uniformly across the fishery. Additionally, the Notice necessitates that fishers avoid using prohibited gear configurations, such as nets with more than one line of ground chain or ground chains with links exceeding 10 millimetres in diameter. These obligations are designed to maintain the ecological balance of the Torres Strait and ensure the long-term viability of the prawn fishery. Failure to comply with the provisions of the Torres Strait Fisheries Management Notice No. 57 can result in significant consequences. Under the Torres Strait Fisheries Act 1984, breaches of the Notice can lead to enforcement actions, including fines and other penalties. While the specific penalties are not detailed in the Notice itself, they can be substantial, reflecting the seriousness of non-compliance with fisheries regulations. The Torres Strait Fisheries Regulations, which are referenced in the Notice, may provide further details on the penalties for breaches, including potential civil and criminal sanctions. These consequences serve as a deterrent to non-compliance and underscore the importance of adhering to the regulatory framework designed to protect the marine environment and the sustainability of the fishery.