Torres Strait Fisheries Management Notice No. 64 (24/12/2002)

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for effective management of fisheries in the Torres Strait, ensuring sustainable use and conservation of marine resources. The Act was designed to provide a framework for the regulation of fishing activities in the region, including the protection of marine species and the management of fisheries to prevent overexploitation. The Torres Strait Fisheries Management Notice No. 64, issued under section 16 of the Act, was introduced to specifically address the prohibition on taking sea cucumbers in the Torres Strait Sea Cucumber Fishery, alongside the implementation of gear and size restrictions. This notice aims to protect sea cucumber species by imposing limits on their harvesting, including the prohibition of taking them with certain equipment and below specific size limits, while also providing exemptions for licensed activities and traditional fishing practices. The notice was made by the Protected Zone Joint Authority, which operates under the powers conferred by the Act to manage and regulate fishing activities in the Torres Strait.

Scope and Application

The Torres Strait Fisheries Management Notice No. 64, made under the Torres Strait Fisheries Act 1984, applies to the area of the Torres Strait Sea Cucumber Fishery and governs the taking, processing, and carrying of sea cucumbers, including specific restrictions on gear and size. This Notice operates in conjunction with other relevant notices in force within the same area and revokes Fisheries Management Notice No. 53 dated 25 March 1999. The Notice imposes a prohibition on the taking, processing, or carrying of sea cucumbers within the designated fishery area, with specific exemptions for individuals taking sea cucumbers by hand, not exceeding three if no boat is used or six if a boat is used and other persons are present. Furthermore, the Notice mandates size restrictions for certain sea cucumber species, specifying minimum lengths for each species that must be adhered to when collected. Additionally, it prohibits the use of underwater breathing apparatus and any method other than hand collection for taking sea cucumbers. Exemptions from these prohibitions are available for individuals holding a relevant licence under the Act or those engaged in traditional fishing activities.

Key Provisions

The Torres Strait Fisheries Management Notice No. 64, made under section 16 of the Torres Strait Fisheries Act 1984, introduces specific provisions for the management of the Torres Strait Sea Cucumber Fishery. Section 6.1 of the Notice prohibits the taking, processing, or carrying of sea cucumbers within the designated fishery area, with specific exemptions outlined in section 6.2. These exemptions allow individuals to possess a limited number of sea cucumbers when collected by hand and without the use of a boat or diving apparatus. Additionally, section 9.1 provides exemptions for individuals holding a licence under subsections 19(2) or 19(3) of the Act, which permits them to take, process, or carry sea cucumbers or beche de mer. Section 7 imposes size restrictions on the species of sea cucumbers that can be taken, specifying the minimum length for each species listed in the Schedule. Section 8 prohibits the use of underwater breathing apparatus or any method other than hand collection for taking sea cucumbers, reinforcing the Notice's emphasis on sustainable and traditional fishing practices. The Notice imposes several obligations on individuals and entities operating within the Torres Strait Sea Cucumber Fishery. Firstly, as per section 6.1, the general prohibition on the taking, processing, or carrying of sea cucumbers must be adhered to, unless specific exemptions apply. Section 7 mandates compliance with the specified size limits for each sea cucumber species, as listed in the Schedule. Additionally, section 8 restricts the methods of collection to hand collection, prohibiting the use of underwater breathing apparatus. Furthermore, section 9.1 requires individuals who wish to be exempt from the general prohibition to hold a valid licence under subsections 19(2) or 19(3) of the Act, ensuring that only authorised persons can engage in these activities. Breaches of the provisions set out in the Torres Strait Fisheries Management Notice No. 64 can result in civil and criminal penalties. Section 16 of the Torres Strait Fisheries Act 1984, which underpins the Notice, provides that any person contravening the provisions is liable to a penalty. For individuals, the maximum penalty is generally prescribed under section 127 of the Torres Strait Fisheries Act 1984, which can include fines of up to $27,500 for individuals and $137,500 for bodies corporate, depending on the nature and severity of the offence. Additionally, repeated or serious breaches may lead to more stringent enforcement actions, including potential imprisonment for offences involving significant non-compliance with fishery regulations.