Torres Strait Fisheries Management Notice No. 78 (22/09/2006)

Overview

The Torres Strait Fisheries Act 1984, enacted by the Australian Parliament, was introduced to regulate and manage fisheries within the Torres Strait, particularly focusing on ensuring sustainable fishing practices. The Act empowers the Minister for Fisheries, Forestry and Conservation to establish regulations through notices published in the Gazette, with the Protected Zone Joint Authority (PZJA) having the authority to exercise these powers. This legislative framework aims to balance the ecological sustainability of the region’s marine resources with the needs of its commercial and traditional fishing industries. The Torres Strait Fisheries Management Notice No. 78, issued by the PZJA, represents a key regulatory instrument under this Act, addressing specific management concerns within the Torres Strait Finfish Fishery, including the introduction of size limits, prohibitions on certain species, and restrictions on shark finning to align with national and international conservation efforts.

Scope and Application

The Torres Strait Fisheries Management Notice No. 78, issued under the authority of the Torres Strait Fisheries Act 1984, applies to the management of the Torres Strait Finfish Fishery, focusing on the conservation and sustainable use of its valuable fish species such as coral trout, mixed reef fish, and various rock cods. This Notice is applicable to all entities and persons involved in fishing activities within the Torres Strait, including commercial and traditional fishers, and it operates in conjunction with other relevant notices. The Notice aims to regulate fishing practices through provisions such as size limits for certain fish species, prohibitions on the taking of specific species, and restrictions on the use of certain fishing gear and methods. Notably, it also implements conservation measures for shark species by prohibiting shark finning, setting "no take" status for certain sharks, and restricting the taking of large sharks. The Notice revokes the previous Fisheries Management Notice No. 75 and incorporates new measures, reflecting the outcomes of consultations with industry representatives and traditional fishers. The scope of the Notice is geographically limited to the Torres Strait and is enforced by the Protected Zone Joint Authority in collaboration with the Australian Government Department of Agriculture, Fisheries and Forestry.

Key Provisions

The Torres Strait Fisheries Management Notice No. 78 (Notice) outlines specific regulations for the Torres Strait Finfish Fishery, which includes reef fish and barramundi. Under this Notice, certain activities related to the taking, processing, and disposal of fish are regulated to ensure sustainable fishing practices and conservation. For instance, Clause 6 prohibits the taking of finfish, while Clause 7 prohibits the taking of barramundi, with exemptions provided for certain licensed activities and traditional fishing as stated in Clause 8. Size limits for various fish species are detailed in Clause 9.1, with specific measurements defined in Clause 9.2. Additionally, Clause 10 prohibits the retention of species listed in Schedule 4 as "no take" species, and Clause 12 prohibits the removal of shark fins, reflecting conservation efforts aimed at protecting endangered shark species. The Notice imposes obligations on all parties involved in fishing activities within the Torres Strait, requiring compliance with the specified regulations. Licence holders and traditional fishers must adhere to the provisions outlined in the Notice, including the prohibition on taking certain species and the implementation of size limits. The use of specific fishing gear is also regulated, with Clause 13 detailing permitted gear types and excluding the use of nets other than bait nets. Moreover, Clause 14 mandates a permanent closure of a designated area, except for traditional fishers, in accordance with the Torres Strait Treaty. Seasonal closures for barramundi fishing are specified in Clause 15 to manage seasonal impacts on fish populations. Breach of the provisions outlined in the Notice may result in civil or criminal penalties. For instance, unlawful taking, processing, or disposal of fish, as well as non-compliance with size limits or gear restrictions, could lead to enforcement actions. The maximum penalties for such offences are not explicitly stated in the Notice, but they are typically outlined in the Torres Strait Fisheries Act 1984 or related legislation. Failure to comply with the Notice could result in fines, confiscation of equipment, or other legal consequences, as prescribed by the relevant authorities. The Notice underscores the importance of adhering to regulatory requirements to ensure the sustainability of the fishery and the protection of marine resources.