Torres Strait Fisheries Management Notice No. 61 (21/2/2002)

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for effective management and conservation of fisheries in the Torres Strait region, particularly focusing on sustainable practices and equitable resource use between local communities and commercial interests. The Act was enacted by the Australian Parliament to provide a legislative framework that balances the rights and responsibilities of those who use the marine resources in the Torres Strait. A key policy objective of the Act is to ensure the conservation and sustainable use of marine resources, while also recognising and protecting the rights of Indigenous peoples to engage in traditional fishing activities. The Torres Strait Fisheries Management Notice No. 61, issued in 2002, further refines the regulatory framework established by the Act by specifically addressing the issue of shark bycatch and the practice of shark finning within the Torres Strait Prawn Fishery. This notice aims to impose stricter controls on the incidental capture of sharks and the removal of shark fins, thereby contributing to broader conservation efforts and the protection of marine biodiversity in the region.

Scope and Application

The Torres Strait Fisheries Management Notice No. 61 applies to vessels licensed to operate in the Torres Strait Prawn Fishery, which includes both individuals and entities involved in prawn fishing activities within the specified geographic area of the Torres Strait. The Notice enforces restrictions on shark bycatch and the prohibition of shark finning, as authorised under the Torres Strait Fisheries Act 1984. This Notice is in effect within the jurisdictional reach of the Act, which pertains to the Commonwealth of Australia. It should be applied in conjunction with any other notices in force within the prawn fishery area. A notable exemption exists for individuals engaged in traditional fishing, who are exempt from the maximum catch limits for sharks, as stipulated under the Act. The Notice also prohibits the processing or carrying of shark fins that are not attached to the trunk of the shark, aligning with the overarching goal of the Act to manage and protect marine resources sustainably.

Key Provisions

The Torres Strait Fisheries Management Notice No. 61, issued under the Torres Strait Fisheries Act 1984, sets specific restrictions on shark bycatch and finning within the Torres Strait Prawn Fishery. Section 5.1 of the Notice prohibits the taking, processing, or carrying of sharks in excess of the prescribed maximum limit, which is the lesser of five sharks or 30 kilograms of shark (section 5.2). This limit ensures that the fishery remains sustainable and protects shark populations within the region. Entities and individuals operating within the Torres Strait Prawn Fishery must adhere to the bycatch limits set out in section 5, ensuring that they do not exceed the specified quantity or weight of sharks. The Notice also provides an exemption for persons engaged in traditional fishing from the bycatch limit prohibitions, as outlined in section 6. This exemption acknowledges and respects the cultural practices of Indigenous communities. Additionally, section 7 prohibits the processing or carrying of shark fins that are not attached to the trunk of the shark, which helps prevent the practice of finning, where sharks are caught solely for their fins. Failure to comply with the provisions of this Notice can result in significant consequences. Breaches of the shark bycatch limit and the finning prohibition are subject to penalties as stipulated in the Torres Strait Fisheries Act 1984. These penalties may include fines and other enforcement actions. The maximum penalties for contravening these provisions can vary, but they are designed to enforce compliance and protect the marine ecosystem. It is essential for all parties involved in the Torres Strait Prawn Fishery to be fully aware of and adhere to these regulations to avoid facing legal repercussions.