Torres Strait Fisheries Act 1984
Fisheries Management Notice No. 68
TORRES STRAIT PRAWN FISHERY
PROHIBITION ON THE CARRIAGE OF EQUIPMENT
(AMENDMENT TO FISHERIES MANAGEMENT NOTICE NO. 40)
The Protected Zone Joint Authority, acting in accordance with the powers conferred on the Authority by paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, and the Minister in accordance with the powers under section 16 of the Torres Strait Fisheries Act 1984, makes the
following notice.
Dated this 8 day of December 2003
IAN MACDONALD
Minister for Fisheries Forestry and Conservation, member & Chair of the
Protected Zone Joint Authority
______________________
CITATION
- This Notice may be cited as Torres Strait Fisheries Management Notice No. 68.
COMMENCEMENT
2. This Notice commences on Gazettal.
THIS notice TO APPLY WITH OTHER NOTICES
3. This Notice applies in conjunction with any other Notice in force in the area of the Torres Strait Prawn Fishery.
INTERPRETATION
4.1 In this Notice, unless the contrary intention appears "the Act" means the Torres Strait Fisheries Act 1984.
4.2 Terms used but not defined in this Notice have the same meaning as in the Act and the Torres Strait Fisheries Regulations.
AMENDMENT OF FISHERIES MANAGEMENT NOTICE NO. 40
5. Fisheries Management Notice No. 40, dated 25 February 1994, is amended by deleting paragraph 9.2 and substituting the following:
"9.2 CARRIAGE OF EQUIPMENT
Pursuant to paragraph 16(1)(o) of the Act a person is prohibited in an area where and at the time during which, a prohibition is in force under paragraph 9.1 of this notice from having in that persons possession or in that persons charge in a boat, equipment that is: -
(i) capable of being used for any kind of trawling; or
(ii) capable of being used for taking prawns
unless
(iii) all of that equipment including nets, boards, beams and skids are carried either in the racks or on the decks; except
(iv) between 1200 hours and 1700 hours local time on 1 March (in any year), the boat is anchored; or
(v) between 0600 hours and 1800 hours local time on 1 December (in any year), all equipment is out of the water or if any part of the equipment is in the water:
a) that part is drawn up to the boat; and
b) that part is visible from nearby aircraft or boat; and
c) if the equipment includes cod ends, the cod ends are open.
______________________
Overview
The Torres Strait Fisheries Act 1984 was enacted to provide for the management and protection of fisheries in the Torres Strait region, addressing the need for coordinated and effective regulation of fishing activities in this area. This Act was introduced to ensure sustainable fishing practices, protect marine resources, and balance the interests of various stakeholders, including commercial and traditional fishers. The Act was enacted by the Australian Parliament and aims to achieve policy objectives such as the sustainable use of fisheries resources, protection of marine habitats, and the maintenance of the ecological balance in the Torres Strait. This legislative instrument, Torres Strait Fisheries Management Notice No. 68, is an amendment to an earlier notice (No. 40) and provides specific prohibitions on the carriage of certain fishing equipment within the Torres Strait Prawn Fishery to further these policy objectives.
Scope and Application
The Torres Strait Fisheries Management Notice No. 68, which amends Fisheries Management Notice No. 40, applies to the Torres Strait Prawn Fishery and is made under the authority of the Torres Strait Fisheries Act 1984. This Notice is relevant to individuals and entities involved in the fishery, particularly those who possess or control boats used in the fishing activities within the specified geographic area of the Torres Strait. It imposes restrictions on the carriage of certain equipment that could be used for trawling or catching prawns, with exceptions during specific times of the year when the equipment must be either stowed in the boat's racks or on the decks, or if the boat is anchored, or if the equipment is out of the water and visible from nearby vessels or aircraft, with cod ends open if applicable. This Notice operates in conjunction with other existing notices in force within the fishery and is subject to the definitions and terms as outlined in the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations. The Notice came into effect upon its gazettement and does not explicitly state any exclusions or thresholds beyond those specified in the text.
Key Provisions
The Torres Strait Fisheries Management Notice No. 68, made under the Torres Strait Fisheries Act 1984, amends Fisheries Management Notice No. 40 to impose specific prohibitions on the carriage of certain equipment in the Torres Strait Prawn Fishery. The Notice, which comes into effect upon gazettement, operates in conjunction with other relevant notices in the same area (Section 3). Section 4 provides the definitions for terms used within the Notice, with the Act referring to the Torres Strait Fisheries Act 1984, and any undefined terms taking their meaning from the Act and the Torres Strait Fisheries Regulations.
Section 5 details the amendment to Fisheries Management Notice No. 40, which now explicitly prohibits the possession or control of trawling equipment or prawn-taking equipment in the specified areas and times. Equipment that falls under this prohibition includes any that can be used for trawling or taking prawns, unless it is carried in racks or on decks (Subsection 9.2(i)-(iii)). Additionally, the equipment must comply with visibility requirements if it is in the water between specified hours on 1 March and 1 December (Subsection 9.2(iv)-(v)). This amendment aims to regulate fishing practices within the Torres Strait Prawn Fishery more stringently.
Entities and individuals governed by this Notice must ensure compliance with the equipment carriage restrictions. This includes keeping specified equipment either in racks or on decks, and adhering to visibility requirements if the equipment is in the water during restricted times (Section 5). Failure to comply with these provisions may result in penalties as stipulated in the Torres Strait Fisheries Act 1984 or other relevant regulations. The exact penalties are not specified in this Notice but would typically include fines and potential revocation of fishing licenses under the overarching Act. The stringent measures are aimed at preserving the sustainability of the fishery and ensuring that fishing practices do not negatively impact the marine environment or other users of the area.