Torres Strait Fisheries Management Notice No. 69 (18/02/2004)

Overview

The Torres Strait Fisheries Act 1984 was enacted to provide for the management and conservation of fisheries in the Torres Strait, a region of significant cultural and economic importance to Indigenous communities. The Act was introduced to address the need for sustainable management of fishery resources in the area, ensuring both environmental protection and the maintenance of traditional practices. The Torres Strait Fisheries Management Notice No. 69, issued in 2004 by the Protected Zone Joint Authority and the Minister, further regulates the pearl shell fishery by prohibiting the taking, processing, and carrying of pearl shells, except under specific conditions. This legislative instrument aims to protect pearl shell species from over-exploitation and ensures compliance with size and gear restrictions, thereby supporting the overarching policy objectives of the Torres Strait Fisheries Act 1984.

Scope and Application

The Torres Strait Fisheries Management Notice No. 69 applies specifically to the management and regulation of the pearl shell fishery within the Torres Strait, an area that falls under the jurisdiction of both Australian federal law and the local governance structures established by the Torres Strait Treaty. This notice is applicable to individuals and entities involved in the taking, processing, or carrying of pearl shell within this region. It includes provisions for the prohibition of certain activities related to pearl shell, exemptions for certain licensed activities and traditional practices, and specific restrictions on the size and method of pearl shell collection. The geographic scope of this notice is confined to the Torres Strait, and it is enforced in conjunction with other relevant notices that govern fisheries in the area. Exemptions from the prohibitions are outlined for certain licence holders and traditional fishers, while specific gear and size restrictions are imposed to ensure sustainable practices within the fishery. The notice revokes a previous notice, Fisheries Management Notice No. 46, to align current regulations with updated management practices.

Key Provisions

The Torres Strait Fisheries Management Notice No. 69, effective from 1 March 2004, outlines specific provisions regarding the prohibition on taking, processing, and carrying pearl shell in the Torres Strait Pearl Shell Fishery. Section 6.1 and 6.2 of the Notice, which align with paragraph 16(1)(a) of the Torres Strait Fisheries Act 1984, prohibit the taking, processing, or carrying of live or dead pearl shell, including the species Pinctada maxima and any other pearl shell species. These prohibitions apply broadly, encompassing both live and dead pearl shells, and are designed to regulate the extraction and handling of pearl shell within the fishery. Entities and individuals governed by the Act must adhere to the outlined prohibitions and ensure compliance with the size and gear restrictions specified. Section 8, which references paragraph 16(1)(b)(ii) of the Act, stipulates that the taking of pearl shell is prohibited if the size falls outside certain limits: for Pinctada maxima, the shell length must be between 130 millimetres and 230 millimetres, while for Pinctada margaritifera, it must be at least 90 millimetres in length. These measurements are taken in their original form, from the hinge to the opposite edge of the lip, as detailed in Section 9. Additionally, Section 11, under paragraph 16(1)(c) of the Act, restricts the methods of taking pearl shell to diving or hand collection, prohibiting any other methods. Failure to comply with the provisions of the Notice can lead to legal consequences. The Notice does not explicitly detail the penalties for breaches; however, the Torres Strait Fisheries Act 1984 provides a framework under which penalties may be imposed. Typically, breaches of such regulations may result in fines or other sanctions, as outlined in the primary Act. Persons found violating the prohibitions or size and gear restrictions could face significant penalties, reinforcing the importance of strict adherence to the regulations to avoid legal repercussions.