Torres Strait Fisheries Regulations (Amendment)

Overview

The Torres Strait Fisheries Act 1984, enacted to manage fisheries in the Torres Strait region of Australia, was supplemented by the Torres Strait Fisheries Regulations (Amendment) in 1987. This amendment was introduced to correct an oversight in the description of the turtle fishery area within the Torres Strait Protected Zone. Specifically, the amendment rectifies the omission of precise coordinates for the commencement point of the turtle fishery area, providing the specific location at Latitude 11º10’00” South, Longitude 141º01’00” East. This amendment was issued under the authority of the Minister for Primary Industry, aimed at ensuring the accuracy and clarity of the jurisdictional boundaries within the Torres Strait Protected Zone, thereby facilitating better management and enforcement of fishing activities in the region.

Scope and Application

The Torres Strait Fisheries Regulations (Amendment) Statutory Rules 1987 No. 31, issued under the authority of the Minister for Primary Industry, pertains to the Torres Strait Fisheries Act 1984. This amendment applies to all persons, entities, and industries involved in fishing activities within the Torres Strait Protected Zone. The geographic reach of this regulation is confined to the Australian jurisdiction within the Torres Strait, encompassing the entire area of the turtle fishery. The amendment rectifies an oversight by specifying the precise metes and bounds of the turtle fishery area, including the point of commencement at Latitude 11º10’00” South, Longitude 141º01’00” East. This amendment does not introduce new exclusions, exemptions, or thresholds but rather ensures that the regulatory framework accurately describes the area in question. The regulation extends its application through subordinate instruments, which provide specific details necessary for compliance with the amended descriptions.

Key Provisions

The Torres Strait Fisheries Regulations (Amendment) Statutory Rules 1997, issued under the authority of the Minister for Primary Industry, include specific provisions that amend the existing regulations concerning the Torres Strait Protected Zone. Section 3 of Schedule 2 to these regulations sets forth short methods of reference that can be used to describe an area within this zone, enhancing clarity and precision in the identification of specific maritime regions. Notably, Item 5 of this Schedule addresses the area of the turtle fishery, correcting an oversight in the previous description of its boundaries. By specifying the point of commencement as Latitude 11º10’00” South, Longitude 141º01’00” East, the amendment ensures a more accurate and legally robust definition of the turtle fishery area, facilitating better management and enforcement of fishing regulations within this critical marine habitat. Under the amended regulations, parties and entities involved in fishing activities within the Torres Strait Protected Zone, particularly those operating in the turtle fishery area, are required to adhere to the newly defined boundaries. These regulations impose obligations on fishers to ensure their activities comply with the specified geographic coordinates, thus maintaining the integrity of the turtle fishery area. Furthermore, the amendments necessitate that all documentation, permits, and records pertaining to fishing activities accurately reflect the updated geographic details. This includes ensuring that any maps, charts, or references used in navigation or reporting are consistent with the amended descriptions. Failure to comply with the provisions of the amended Torres Strait Fisheries Regulations can result in various consequences, including administrative and legal repercussions. The regulations do not explicitly state the specific offences or penalties within the provided text, but under the overarching Torres Strait Fisheries Act 1984, breaches of fishing regulations can lead to substantial penalties. These penalties may include fines, confiscation of equipment, and other administrative sanctions. In more severe cases, continued non-compliance could result in criminal charges, with the potential for imprisonment. The exact penalties would be determined based on the nature and severity of the breach, as outlined in the primary Act. The overarching goal of these measures is to enforce compliance and protect the marine environment and biodiversity within the Torres Strait Protected Zone.