Contents
1Name#
This instrument is the Torres Strait Prawn Fishery Management Amendment (2026 Measures No. 1) Plan 2026.
2Commencement#
(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 | The day after this instrument 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Note: This table relates only to the provisions of this instrument as originally made.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.
3Authority#
This instrument is made under section 15A and subsection 35(1) of the Torres Strait Fisheries Act 1984.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Amendments
Torres Strait Prawn Fishery Management Plan 2009#
1 Subsection 1.3(1) (definition of ALC)
Repeal the definition.
2 Subsection 1.3(1) (definition of Australian unit)
Omit “under section 3.2”.
3 Subsection 1.3(1)
Insert:
designated anchorage means an area described in Schedule 4.
4 Subsection 1.3(1) (definition of fishing day)
Repeal the definition, substitute:
fishing day: see subsection 1.9(1).
5 Subsection 1.3(1) (definition of fishing season)
Repeal the definition, substitute:
fishing season means the period specified in an instrument made under section 16 of the Act during which the holder of a TSPF licence is permitted to fish commercially for prawn in the fishery.
6 Subsection 1.3(1) (definition of TSPF boat licence)
Omit “the boat”, substitute “an Australian boat”.
7 Subsection 1.3(1) (definition of TSPF licence)
Repeal the definition, substitute:
TSPF licence means:
(a)a TSPF boat licence; or
(b)a TSPF TPC licence.
8 Subsection 1.3(1) (definition of TSPF master fisherman’s licence)
Repeal the definition.
9 Subsection 1.3(1) (definition of unit)
Repeal the definition, substitute:
unused fishing day, in relation to a holder of units and a fishing season: see subsection 1.9(6).
used, in relation to a fishing day: see subsections 1.9(3) and (5).
11 Subsection 1.3(1) (definition of use entitlement)
Repeal the definition, substitute:
use entitlement, of a holder of units during a fishing season, means the number of fishing days worked out or determined under section 4.3 that are available for use by the holder in the fishery, or a part of the fishery, during the fishing season.
12 Subsection 1.3(1) (definition of VMS)
Repeal the definition (not including the note).
13 At the end of Part 1
Add:
1.9Fishing day#
Meaning of fishing day
(1)A fishing day is a day that is available for use by holders of units during a fishing season.
Note: Both of the following are expressed as a whole number of fishing days:
(a) the total allowable effort for the fishery for a fishing season;
(b) the use entitlement of a holder of units to a share of that total allowable effort.
(2)However, subsection (1) does not apply to the references to a fishing day in section 4.1.
Note: In section 4.1, the references to a fishing day are references to the days treated by the PZJA as fishing days for the purposes of dividing the fishing capacity of the fishery into units at the commencement date and allocating those units to persons who carried out fishing in the fishery at that time.
When a fishing day is taken to be used during a fishing season
(3)A fishing day is taken to be used in the fishery during a fishing season if:
(a)the boat from which the fishing occurs is, at any time on that day, positioned in an area of the fishery:
(i)at which prawns are permitted to be taken; and
(ii)that is not a designated anchorage; and
(b)at any time between 1800 hours local time on that day and 0600 hours local time on the next day, the boat:
(i)has moved at a speed of less than 5 knots; and
(ii)has moved more than 250 metres.
(4)For paragraph (3)(a), a boat is taken to be in a particular position if the position is indicated by the boat’s position reports, as received by a vessel monitoring system or through another arrangement entered into with the PZJA.
(5)A fishing day is also taken to be used in the fishery during a fishing season if:
(a)on that day, no position is indicated for the boat from which the fishing occurs by a vessel monitoring system or through an arrangement entered into with the PZJA; and
(b)AFMA has not authorised the boat’s position to not be reported on that day.
Meaning of unused fishing day
(6)A holder of units has an unused fishing day for the fishery, or a part of the fishery, and a fishing season if:
(a)the fishing day is a part of the use entitlement of the holder for the fishery (or part) and the fishing season; and
(b)the fishing day has not been used for the fishery (or part) during the fishing season.
14 Before subsection 2.1(1)
Insert:
Commercial fishing
15 Subsection 2.1(1)
After “in the area of the fishery only”, insert “during a fishing season and only”.
16 Paragraph 2.1(1)(a)
Repeal the paragraph, substitute:
(a)is a person in respect of whom each of the following applies:
(i)the person holds a TSPF boat licence;
(ii)the person is fishing from an Australian boat nominated on that licence;
(iii)the person has unused fishing days for the fishery (or for the part of the fishery in which the person is fishing) and the fishing season; or
17 Paragraph 2.1(1)(c)
Repeal the paragraph (not including the note), substitute:
(c)is fishing from a PNG licensed boat that is owned by a person who:
(i)holds a TSPF Treaty endorsement for that boat; and
(ii)has unused fishing days for the fishery (or for the part of the fishery in which the person is fishing) and the fishing season.
Note: For when a person has unused fishing days for the fishery (or part) and the fishing season, see subsection 1.9(6).
18 Before subsection 2.1(2)
Insert:
Fishing for scientific or developmental purposes
19 Section 2.3
Repeal the section.
20 Subsection 2.4(2)
Omit “two”, substitute “5”.
21 Section 2.5
Repeal the section, substitute:
2.5PZJA to determine total allowable effort for a fishing season#
(1)For the purposes of subsection 15A(4) of the Act, this section provides for:
(a)the manner in which the fishing capacity of the fishery is to be measured; and
(b)the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.
(2)The fishing capacity of the fishery is to be measured by working out the fishing effort for the fishery (or part of the fishery) for a fishing season, by reference to:
(a)the reference points determined by the PZJA under section 2.4; or
(b)any other management strategies of the PZJA that enables such reference points to be met or that otherwise meet the objectives of this Plan.
(3)The PZJA must determine, at least every 5 years and by reference to the measurement of the fishing capacity of the fishery under subsection (2):
(a)the total allowable effort for the fishery for a fishing season; or
(b)the total allowable effort for parts of the fishery for a fishing season.
(4)A determination under subsection (3) must be made before the start of a fishing season to which it applies.
Note: The PZJA may, after the start of the fishing season, increase or reduce the total allowable effort for the fishing season by a determination made under section 2.6.
(5)The total allowable effort for a fishing season must be determined as a whole number of fishing days.
(6)Before making a determination under subsection (3), the PZJA:
(a)must consult, and consider the views of, the Torres Strait Prawn Management Advisory Committee; and
(b)may consult, and consider the views of, any other interested person.
(7)A determination under subsection (3) must be published on the PZJA website and, if practicable, notified to all holders of units.
22 Section 3.1
Repeal the section.
23 Subsections 3.2(5), 3.3(2) and 3.4(1)
Repeal the subsections.
24 Section 3.6
Repeal the section.
25 Subsection 3.7(6) (including the note)
Repeal the subsection.
26 Sections 4.3 and 4.4
Repeal the sections, substitute:
4.3Translation of units of fishing capacity into use entitlements#
Scope
(1)For the purposes of paragraph 15A(6)(ga) of the Act, this section provides for the translation of units of fishing capacity in the fishery into use entitlements for a fishing season.
Holder of units has entitlement to share of total allowable effort for fishing season
(2)A holder of units has a use entitlement to a share of the total allowable effort for the fishery for a fishing season.
Translation of units of fishing capacity into use entitlements—total allowable effort determined for whole of fishery
(3)If the total allowable effort for a fishing season is determined for the whole of the fishery under paragraph 2.5(3)(a), the use entitlement for the holder for the fishing season, expressed as a number of fishing days, is worked out according to the following formula:
where:
Units held by holder means the number of units held by the holder.
Units of fishing capacity means the number of units of fishing capacity that remain allocated in the fishery.
(4)The amount worked out under subsection (3) for the holder is to be rounded down to the nearest whole number of fishing days.
Translation of units of fishing capacity into use entitlements—total allowable effort determined for parts of fishery
(5)If the total allowable effort for a fishing season is determined for parts of the fishery under paragraph 2.5(3)(b), the PZJA may determine a use entitlement for the holder for particular parts of the fishery for the fishing season, expressed as a whole number of fishing days.
27 Subsection 4.7(1)
Omit “unused units for a fishing season may temporarily transfer the unused units”, substitute “units for a fishing season may temporarily transfer the units”.
28 After subsection 4.7(1)
Insert:
(1A)However, a unit may only be transferred under this section if:
(a)in accordance with section 4.3, the transferor has a use entitlement (expressed as a number of fishing days) for the fishing season in relation to the unit; and
(b)the unit is associated with a fishing day mentioned in paragraph (a) that is an unused fishing day.
29 Paragraph 4.7(2)(a)
Omit “unused”.
30 Paragraph 4.7(2)(c)
Repeal the paragraph, substitute:
(c)entitles the transferee to use, during the fishing season for which the temporary transfer is registered, the unused fishing days associated with the units; and
31 Paragraph 4.9(4)(c)
Repeal the paragraph, substitute:
(c)entitles the transferee to use, during the fishing season for which the temporary transfer is registered, the unused fishing days associated with the units; and
32 Section 5.1
Repeal the section.
33 Subsection 5.4(1)
Omit “the fishing season”, substitute “a fishing season.”.
34 Subsection 5.4(2)
Omit “Schedules 3 and 4”, substitute “Schedule 3”.
35 Section 5.6
Repeal the section.
36 Paragraph 5.7(2)(a)
Repeal the paragraph, substitute:
(a)avoid interactions with the following:
(i)cetaceans (as defined by the Environment Protection and Biodiversity Conservation Act 1999);
(ii)listed marine species (as defined by that Act);
(iii)listed threatened ecological communities (as defined by that Act);
(iv)listed threatened species (as defined by that Act);
(v)migratory species (as defined by that Act); and
37 Paragraph 5.7(3)(a)
Repeal the paragraph.
38 Paragraph 5.7(3)(e)
Omit “requirement imposed by regulations made for the purposes of this section”, substitute “requirements imposed under the Act for the purposes of such reporting”.
39 Paragraph 6.2(1)(a)
Repeal the paragraph.
40 Section 6.4
Repeal the section.
41 Schedule 4
Repeal the Schedule, substitute:
Schedule 4 · Designated anchorages
Note: See the definition of designated anchorage in subsection 1.3(1).
1Aureed Island#
The designated anchorage at Aureed Island is the area of waters bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.
| Aureed Island designated anchorage | |
|---|---|
| Item | Description |
| 1 | The point 9º55'59.10′S 143º18' 56.10′E |
| 2 | South-easterly along the geodesic to 9º57'18.54′S 143º19'22.38′E |
| 3 | South-westerly along the geodesic to 9º58'47.22′S 143º18'02.28′E |
| 4 | West along the geodesic to 9º58'31.02′S 143º15'52.92′E |
| 5 | North along the geodesic to 9º57'28.32′S 143º15'51.24′E |
| 6 | North-easterly along the geodesic to 9º56'00.18′S 143°17’10.08′E |
| 7 | Easterly along the meridian to the starting point |
2Yorke Island#
The designated anchorage at Yorke Island is the area of waters bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.
| Yorke Island designated anchorage | |
|---|---|
| Item | Description |
| 1 | The point 9º43'11.82′S 143º27'38.82′E |
| 2 | South-easterly along the geodesic to 9º43'47.04′S 143º28'01.86′E |
| 3 | South along the geodesic to 9º44'42.72′S 143º28'04.38′E |
| 4 | South-westerly along the geodesic to 9º45'27.48′S 143º27'35.22′E |
| 5 | South-westerly along the geodesic to 9º45'51.18′S 143º26'45.42′E |
| 6 | South-westerly along the geodesic to 9º46'02.34′S 143º25'43.68′E |
| 7 | South-westerly along the geodesic to 9º46'21.42′S 143º24'33.30′E |
| 8 | North-westerly along the geodesic to 9º46'05.88′S 143º23'49.68′E |
| 9 | North-westerly along the geodesic to 9º45'22.80′S 143º23'25.86′E |
| 10 | North-easterly along the geodesic to 9º44'45.90′S 143º23'36.84′E |
| 11 | North-easterly along the geodesic to 9º43'15.96′S 143º26'33.90′E |
| 12 | Easterly along the meridian to the starting point |
3Dugong Island#
The designated anchorage at Dugong Island is the area of waters bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.
| Dugong Island designated anchorage | |
|---|---|
| Item | Description |
| 1 | The point 10°30’19.62′S 143°04’27.78′E |
| 2 | East along the geodesic to 10°30’19.08′S 143°05’48.54′E |
| 3 | South-easterly along the geodesic to 10°30’36.00′S 143°06’44.16′E |
| 4 | South-easterly along the geodesic to 10°31’05.88′S 143°07’22.92′E |
| 5 | South along the geodesic to 10°31’55.38′S 143°07’25.56′E |
| 6 | South-westerly along the geodesic to 10°32’30.66′S 143°07’04.86′E |
| 7 | South-westerly along the geodesic to 10°32’37.68′S 143°06’14.64′E |
| 8 | North-westerly along the geodesic to 10°31’26.94′S 143°03’56.64′E |
| 9 | North-easterly along the meridian to the starting point |
4Coconut Island#
The designated anchorage at Coconut Island is the area of waters bounded by the line starting at the point described in the first item of the following table and running sequentially as described in the remaining items.
| Coconut Island designated anchorage | |
|---|---|
| Item | Description |
| 1 | The point 10°02’24.18′S 143°04’00.72′E |
| 2 | South-easterly along the geodesic to 10°02’25.98′S 143°04’29.46′E |
| 3 | South-easterly along the geodesic to 10°02’40.14′S 143°06’01.08′E |
| 4 | East along the geodesic to 10°02’27.12′S 143°07’11.46′E |
| 5 | South-easterly along the geodesic to 10°02’43.50′S 143°07’53.46′E |
| 6 | South-easterly along the geodesic to 10°03’38.46′S 143°08’10.32′E |
| 7 | South-westerly along the geodesic to 10°04’20.88′S 143°06’36.48′E |
| 8 | West along the geodesic to 10°04’26.82′S 143°04’33.72′E |
| 9 | North-westerly along the geodesic to 10°03’20.88′S 143°02’43.02′E |
| 10 | North-easterly along the geodesic to 10°02’31.92′S 143°03’29.94′E |
| 11 | North-easterly along the meridian to the starting point |
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.