Torres Strait Fisheries Management Notice No. 65 (08/12/2003)

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for comprehensive management and regulation of fisheries in the Torres Strait, particularly focusing on the conservation and sustainable use of marine resources. This Act provides the legal framework for the establishment of fisheries management measures, including the regulation of fishing activities, the protection of endangered species, and the facilitation of cooperation between the Commonwealth and the Queensland Government. The Torres Strait Fisheries Act 1984 was introduced by the Australian Parliament, with the aim of ensuring the sustainable use of fisheries resources in the Torres Strait region, while also recognising the rights and interests of traditional inhabitants. The Act allows for the creation of management notices, such as Fisheries Management Notice No. 65, which provides specific regulations for the dugong fishery, including prohibitions on the taking of dugongs and the use of certain equipment, while also allowing for exemptions in the context of traditional fishing practices. Fisheries Management Notice No. 65, issued under the authority of the Torres Strait Fisheries Act 1984, aims to provide detailed regulations for the dugong fishery in the Torres Strait. This notice, which revokes previous notices and comes into effect upon gazettement, establishes prohibitions on the taking of dugongs, the use of certain equipment for taking dugongs, and the carrying of dugongs on commercial fishing boats in the dugong fishery area. However, exemptions are provided for traditional fishing activities, subject to specific conditions. The notice also includes provisions for the measurement of boat length and defines the area of the dugong sanctuary. This management notice is part of the broader legislative framework established by the Torres Strait Fisheries Act 1984, which seeks to balance the need for conservation with the rights and practices of traditional inhabitants.

Scope and Application

The Torres Strait Fisheries Management Notice No. 65, made under the Torres Strait Fisheries Act 1984, applies to individuals and entities within the designated Dugong Fishery area, aiming to regulate the taking of dugongs. This Notice applies to all persons who are involved in activities within the specified area of Australian jurisdiction as outlined in the Torres Strait Fisheries Regulations. It prohibits the taking of dugongs in the Dugong Fishery area, as well as the taking or carrying of dugongs on commercial fishing boats licensed under sections 19(2) and 19(3) of the Act. The Notice also restricts the use of equipment for taking dugongs to spears thrown by hand, with exemptions for traditional fishing practices by traditional inhabitants in certain areas. The Notice revokes previous Fisheries Management Notices No. 13 and No. 41 and comes into effect immediately upon gazettement. The geographic reach of this Notice is limited to the Australian jurisdiction within the area described in the Torres Strait Fisheries Regulations, and any further application or restrictions are subject to the overarching provisions of the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations.

Key Provisions

The Torres Strait Fisheries Management Notice No. 65, issued under the powers of the Torres Strait Fisheries Act 1984, primarily focuses on the prohibition of dugong taking within the specified area of the Dugong Fishery. Section 6 of the Notice prohibits any person from taking dugong in the area of the Dugong Fishery, while Section 7 extends this prohibition to include the taking or carrying of dugong on a commercial fishing boat licensed under sections 19(2) and 19(3) of the Act within the same area. Additionally, Section 8 prohibits the use of any equipment for taking dugong other than a spear thrown by hand. These sections collectively aim to protect dugong populations by strictly regulating their capture. In addition to the prohibitions, the Notice imposes certain obligations on parties and entities it governs. Under Section 9, exemptions are provided for traditional fishing activities. Specifically, Section 9(a) exempts traditional fishing from the prohibition on taking dugong, as long as it occurs outside the designated sanctuary area. Similarly, Section 9(b) allows the taking or carrying of dugong on boats no more than 6 metres in length, provided they are operating under a Traditional Inhabitant Boat (TIB) licence. These exemptions are intended to balance conservation efforts with the cultural practices of traditional inhabitants. Violations of the provisions set out in the Notice can lead to serious consequences. Breaches of the prohibitions outlined in Sections 6, 7, and 8 can result in offences under the Torres Strait Fisheries Act 1984. The specific penalties for such offences are not detailed in the Notice but would typically include fines and potential imprisonment as stipulated by the overarching Act. Non-compliance with the restrictions on equipment and methods for taking dugong, as outlined in Section 8, can similarly lead to enforcement actions and penalties, ensuring that the protective measures are adhered to rigorously.