Torres Strait Fisheries Management Notice No. 66 (08/12/2003)

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the management and regulation of fisheries within the Torres Strait, including the protection of marine species such as turtles. This Act, along with its associated regulations and notices, was established to provide a legal framework that balances the conservation of marine resources with the rights and traditions of local communities, particularly traditional inhabitants. The Torres Strait Fisheries Act 1984 was passed by the Australian Parliament to provide a comprehensive approach to fisheries management in the Torres Strait, ensuring sustainable practices while respecting cultural heritage. Fisheries Management Notice No. 66, issued under the Torres Strait Fisheries Act 1984, further refines the regulatory framework by imposing specific prohibitions on the taking of turtles within the Turtle Fishery area. The Notice, which came into effect upon gazettement, revokes an earlier notice (Fisheries Management Notice No. 14) and introduces stricter gear restrictions to protect turtle species. The policy objective is to safeguard turtle populations while allowing for traditional fishing practices by authorised individuals, thereby supporting both conservation efforts and the cultural practices of local communities.

Scope and Application

The Torres Strait Fisheries Management Notice No. 66, issued under the Torres Strait Fisheries Act 1984, applies to individuals and entities within the area of the Turtle Fishery, which is defined as the Australian jurisdiction within the area described in the Torres Strait Fisheries Regulations. This notice is specifically concerned with the prohibition on taking turtle species, including Chelonia mydas, Caretta caretta, Eretmochelys imbricata, Natator depressus, Dermochelys coriacea, and Lepidochelys olivacea. The notice commences upon gazettement and applies in conjunction with any other relevant notices in force. It revokes Fisheries Management Notice No. 14 dated 10 February 1987, which previously governed certain aspects of the Turtle Fishery. Exemptions from the prohibitions are provided for traditional fishing activities conducted by traditional inhabitants, particularly when using a Traditional Inhabitant Boat (TIB) not exceeding 6 metres in length, as measured from the foremost to the aftermost part of the hull, inclusive of any appendages that effectively increase the hull's length but excluding anchor rails or bowsprits.

Key Provisions

The Torres Strait Fisheries Management Notice No. 66, which applies in conjunction with any other notice in force in the area of the Turtle Fishery, establishes strict prohibitions and exemptions related to the taking of turtles in the Torres Strait. The Notice, made under the powers of the Torres Strait Fisheries Act 1984, specifically prohibits any person from taking turtles in the Turtle Fishery area (section 5.1) and from carrying turtles on commercial fishing boats licensed under the Act (section 5.2). These prohibitions aim to protect turtle species such as Chelonia mydas and Caretta caretta from being exploited within the designated area. The Notice imposes obligations on individuals and entities operating within the Turtle Fishery area to adhere to these prohibitions. Persons are required to refrain from taking or carrying turtles unless they fall under the exemptions provided by the Notice. Notably, traditional fishing activities by traditional inhabitants are exempt from these prohibitions, provided the activities are for personal consumption or traditional use and the boat used does not exceed 6 meters in length (section 6.1 and 6.2). This exemption recognizes the cultural and traditional rights of the local inhabitants while still protecting turtle populations. Breach of the provisions under this Notice can lead to significant consequences. While the Notice itself does not explicitly outline specific penalties for violations, the Torres Strait Fisheries Act 1984 likely provides the framework for enforcement and penalties. Violations of the Act can result in fines and potential criminal charges, with penalties varying depending on the severity of the offence and the specific provisions breached. The overarching objective is to ensure compliance with the conservation measures designed to protect turtle species in the Torres Strait.