Contents
- 1 Name
- 2 Commencement
- 3 Authority
- 4 Schedules
- 5 Definitions
- 6 Coordinates for closed areas
- 7 Prohibition on the taking, processing or carrying of prawn
- 8 Exemptions to the prohibitions
- 9 Treaty endorsements
- 10 Prohibition on the use of certain equipment
- 11 Exemption from Prohibition on use of certain equipment
- 12 Prohibition on possession or control of certain equipment
- 13 Prohibition on taking, processing or carrying of Moreton Bay bugs
- Torres Strait Fisheries Management Instrument No. 12
- Torres Strait Prawn Fishery (Bycatch Reduction Devices) Instrument 2024
- Torres Strait Fisheries (Prawn) Management Instrument 2025
- Torres Strait Prawn Fishery Fishing Season Determination 2025
2 Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | On the day after it is registered. | On the day after it is registered. |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority#
This instrument is made under section 16 of the Act.
4 Schedules#
Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions#
Note: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:
Act means the Torres Strait Fisheries Act 1984.
AGD66 means Australian Geodetic Datum 1966, as in force at the commencement of this Instrument.
Bycatch Reduction Device means a device that allows fish and other animals to escape immediately after being taken in the net that meets the specifications in Schedule 4.
closed areas, known as East of Warrior Reef Closed Areas, means the areas described in Schedule 1.
closure period means the period commencing at 1700 hours local time on 1 February in a year and ending at 1700 hours local time on 31 July in the same year.
exclusion zones means the area described in Part 2 of Schedule 1 of the Management Plan.
fishing season means the period from 1800 hours local time on 1 February until 0600 hours local time on 1 December of each year.
Management Plan means the management plan determined by the PZJA under section 15A and section 35(1)(a) of the Act in relation to the fishery as may be in force from time to time, currently entitled the Torres Strait Prawn Fishery Management Plan 2009, as in force from time to time
Moreton Bay bugs means fish of the genus Thenus spp.
Net rigged for fishing means where part or all of a net is in the water, or if it is shackled, tied or otherwise connected to any trawl door or trawl board, or to any tow rope or cable, either on board the boat or attached in any manner to the boat.
prawn fishery means the area described in Part 1 of Schedule 1 of the Management Plan, excluding the area described in Part 2 of Schedule 1 of the Management Plan.
prawn licensed person means a person who has been granted a licence under subsection 19(2) or 19(3) of the Act that authorises the taking, processing or carrying of prawn in the area of the prawn fishery.
Turtle Excluder Device means a device fitted to a net, and modification made to a net, that allows turtles to escape immediately after being taken in the net, that meets the specifications in Schedule 3.
try net means a net, no longer than 10 metres, used for no longer than 25 minutes at a time for sampling or testing or to work out the abundance or presence of prawn.
WGS84 means World Geodetic System 1984, as in force at the commencement of this Instrument.
(2) The following terms used in this instrument that are defined in the Management Plan have the same meaning in this instrument as they have in the Management Plan:
9 Treaty endorsements#
A person is exempt from subsections 7(1) and 7(4) where:
10 Prohibition on the use of certain equipment#
The taking, processing and carrying of prawn or by-product or both in the area of the prawn fishery using any equipment is prohibited.
11 Exemption from Prohibition on use of certain equipment#
A prawn licensed person is exempt from the prohibition in section 10 when:
13 Prohibition on taking, processing or carrying of Moreton Bay bugs#
Notes:
PART 1
The area bounded by a line:
Reference Description
| 8(a) | REFERENCE | LATITUDE (AGD66)9° 30' 50"S | LONGITUDE (AGD66)143° 17' 40"E |
| 8(b) | 9° 30' 48"S | 143° 17' 42"E | |
| 8(c)8(d)8(e) | 9° 30' 41"S9° 30' 42"S9° 30' 43"S | 143° 17' 43"E143° 17' 34"E143° 17' 26"E | |
| 8(f)8(g)8(h) | 9° 30' 46"S9° 30' 50"S9° 30' 53"S | 143° 17' 19"E143° 17' 08"E143° 17' 03"E | |
| 8(i) | 9° 30' 56"S | 143° 17' 03"E |
8(j) to the point of Latitude 9° 33' 00" South, Longitude 143° 14' 51" East;
PART 2
East of Warrior Reef Closed Areas Expressed Using Coordinates Based on WGS84
| REFERENCE | LATITUDE (WGS84) | LONGITUDE (WGS84) |
| 1 | 9º 59' 54.66" S | 142º 56' 31.93" E |
| 2 | 9º 59' 54.66" S | 143º 04' 27.93" E |
| 3 | 9º 52' 24.66" S | 143º 09' 33.92" E |
| 4 | 9º 45' 54.66" S | 143º 14' 03.92" E |
| 5 | 9º 36' 24.66" S | 143º 17' 03.92" E |
| 6 | 9º 32' 54.67" S | 143º 20' 03.91" E |
| 7 | 9º 32' 54.67" S | 143º 19' 49.91" E |
| 8(a) | 9º 30' 44.67" S | 143º 17' 43.91" E |
| 8(b) | 9º 30' 42.67" S | 143º 17' 45.91" E |
| 8(c) | 9º 30' 35.67" S | 143º 17' 46.91" E |
| 8(d) | 9º 30' 36.67" S | 143º 17' 37.91" E |
| 8(e) | 9º 30' 37.67" S | 143º 17' 29.91" E |
| 8(f) | 9º 30' 40.67" S | 143º 17' 22.91" E |
| 8(g) | 9º 30' 44.67" S | 143º 17' 11.91" E |
| 8(h) | 9º 30' 47.67" S | 143º 17' 06.91" E |
| 8(i) | 9º 30' 50.67" S | 143º 17' 06.91" E |
| 8(j) | 9º 32' 54.67" S | 143º 14' 54.92" E |
| 9 | 9º 32' 54.67" S | 143º 11' 03.92" E |
| 10 | 9º 45' 54.66" S | 143º 02' 23.93" E |
| 11 | 9º 59' 54.66" S | 142º 56' 31.93" E |
(1) For the purposes of this instrument:
(2) For purposes of this instrument, the permitted net length specifications are:
(3) For the purposes of this instrument, permitted mesh size specifications are:
(1) For the purposes of this instrument Turtle Excluder Device specifications are:
(2) For the purposes of this instrument the Turtle Excluder Device must have an escape hole which must be either:
(3) For the purposes of this instrument a Turtle Excluder Device:
(4) For the purposes of this instrument if the escape hole of the Turtle Excluder Device is in the bottom of the net, the following floats must be attached to the grid:
(5) For the purposes of this instrument if the escape hole is in the bottom of the net, and the requirements under subsection (4) are not complied with, the grid must be:
(6) For the purposes of subsection (4) of this Schedule
“attached” means secured to the top half of the grid—
“large plastic float” means a float made of hard plastic that is at least 250mm in diameter.
“medium float” means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—
“medium plastic float” means a float made of hard plastic that is at least 200mm, but less than 250mm, in diameter.
“small float” means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—
“small plastic float” means a float made of hard plastic that is at least 150 mm, but less than 200mm, in diameter.
“weight” means weight expressed in grams or kilograms.
Definitions
For this Schedule approved chain means a chain that—
For the purposes of this instrument, the permitted bycatch reduction devices include any of the following:
Fisheye
(1) An opening, commonly known as a fisheye, in a net is a recognised Bycatch Reduction Device if the opening complies with the following:
(2) The opening must be—
(3) The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.
(4) The semicircular-shaped frame must be—
(5) The shortest side of the isosceles triangle-shaped frame must be—
(6) During trawling, nothing must cover any part of the opening.
Bigeye
(1) An opening, commonly known as a bigeye, in a net is a recognised BRD if the opening complies with this section.
(2) The opening must be—
(3) The edges of the opening must not overlap by more than 200mm.
(4) During trawling—
Tom’s Fisheye
Tom’s Fisheye, is an escape opening device installed in a net rigged for fishing that meets the following specifications:
(1) one device with the aft edge of the device located at 60 meshes from the codend drawstrings; and
(2) a vertical escape opening held open by a rigid frame that supports a rigid enclosed cone; and
(3) an escape opening measuring no less than 360 mm wide by 200 mm high and must face the codend; and
(4) a rigid cone measuring no less than 340 mm wide by 185 mm high by 290 mm in length fixed to the rigid frame; and
(5) with an escape gap between the rigid frame and rigid cone of 94 mm; and
(6) with an escape gap clear of any obstructions (including mesh ties).
Kon’s Covered Fisheyes
Kon’s Covered Fisheyes, is a two escape opening device installed in a net rigged for fishing that meets the following specifications:
(1) one escape opening device with the aft edge of the device located at 78 meshes from the codend drawstrings; and
(2) one escape opening device with the aft edge of the device located at 55 meshes from the codend drawstrings; and
(3) for which each escape opening device has the following characteristics prior to being installed in a net rigged for fishing:
FishEX 70
FishEX 70, is an escape opening device installed in a net rigged for fishing that meets the following specifications:
with an escape gap clear of any obstructions (including mesh ties); and
Popeye Fishbox
The Popeye Fishbox is an escape opening device installed in a net rigged for fishing that meets the following specifications:
Torres Strait Fisheries Management Instrument No. 12#
1 The whole of the instrument
Repeal the instrument.
Torres Strait Prawn Fishery (Bycatch Reduction Devices) Instrument 2024#
2 The whole of the instrument
Repeal the instrument.
Torres Strait Fisheries (Prawn) Management Instrument 2025#
3 The whole of the instrument
Repeal the instrument.
Torres Strait Prawn Fishery Fishing Season Determination 2025#
4 The whole of the instrument
Repeal the instrument.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.