The Torres Strait Finfish Fishery Management Plan 2013 is a PZJA instrument that sets out the management framework, rights and obligations for commercial finfish fishing in the Torres Strait finfish and mackerel fishery. Mechanically, it:

Declares the instrument name and commencement rule (this Plan commences the day after registration on the Federal Register of Legislative Instruments) (s 1.1, s 1.2).
Prescribes the geographic scope of the fishery by reference to Schedules 1 and 2 and fixes the controlling datum for any inconsistency (the AGD66 description in Schedule 1 prevails over GDA94/WGS84 descriptions in Schedule 2) (s 1.5(1)-(4); Schedule 2 note; Schedule 1).
Defines core terms used through the Plan, including who is a traditional inhabitant, what constitutes finfish (reef fish and specified mackerel species), TSFF licences and Treaty endorsements, Units of Fishing Capacity, TAC and TAE, VMS and ALC (s 1.3 and definition list).
Establishes objectives and measurable strategies with performance criteria and timeframes for biological sustainability, traditional use protection, environmental impacts, economic viability, and catch sharing with Papua New Guinea (s 1.6, s 1.7).
Provides the statutory basis and procedures for setting total allowable catch (TAC) and total allowable effort (TAE), including the option to make TACs/TAEs competitive and to allocate competitive quotas to groups (Pt 3, ss 3.1-3.6).
Creates a Units of Fishing Capacity regime to be set before a TAC/TAE is first determined, including rules on allocation, valuation, certificates, transfers (permanent and temporary), and limits on who may permanently hold units (s 3.7-3.10).
Limits who may hold TSFF licences and endorsements (permanent TSFF licences and unit holdings are confined to traditional inhabitants or groups) and provides for sunset licences to permit temporary access by non-traditional holders (Pt 4, ss 4.2-4.3, 4.7).

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TORRES STRAIT FINFISH FISHERY MANAGEMENT PLAN 2013

The Protected Zone Joint Authority, acting in accordance with the powers conferred on the Authority by section 15A and paragraph 35(1)(a) of the Torres Strait Fisheries Act 1984, makes the following Management Plan.

Dated the 18th day of June 2013.

Joseph Ludwig

The Hon. Joseph Ludwig, MP

Commonwealth Minister for Agriculture Fisheries and Forestry

on behalf of the PJZA

Table of Contents

Part 1 Preliminary

1.1 Name of Management Plan

1.2 Commencement

1.3 Interpretation

1.4 Fisheries offence

1.5 Area of the fishery

1.6 Objectives

1.7 Measures and performance criteria for the objectives

1.8 Reference points

1.9 Persons to whom this Plan applies

1.10 Persons to whom this Plan does not apply

Part 2 Fishing in the fishery

2.1 Who may fish in the fishery

2.2 What fish can be taken

2.3 Prohibited fish species

2.4 Fish restricted by size

2.5 Fishing methods

2.6 Fishing season

2.7 Prohibiting fishing

2.8 Consultation

Part 3 Units of Fishing Capacity

3.1 Determination of total allowable catch (TAC)

3.2 Competitive TAC

3.3 Determination of total allowable effort (TAE)

3.4 Competitive TAE

3.5 Change of TAC and TAE

3.6 Publication of TAC and TAE

3.7 Allocation of Units of Fishing Capacity

3.8 Certificate of allocation of Units of Fishing Capacity

3.9 Value of Units of Fishing Capacity

3.10 Transfer of Units of Fishing Capacity

Part 4 Licences

4.1 Grant of licences and endorsements

4.2 TSFF licences

4.3 Sunset licences

4.4 Treaty endorsements

4.5 Nomination of a boat

4.6 Entries for the finfish fishery (reef line and mackerel)

4.7 Transfer of licences

4.8 Primary and tender boats

4.9 Scientific or developmental Permits

4.10 Other PZJA powers under the Act

Part 5 Licence and endorsement conditions

5.1 Licence and endorsement conditions - general

5.2 Licence and endorsement conditions – Logbooks

5.3 Licence and endorsement conditions - quota monitoring system

5.4 Licence conditions – other obligations of licence and endorsement holders

5.5 Licence and endorsement conditions – observers

5.6 Licence and endorsement conditions - vessel monitoring system (VMS)

5.7 Licence and endorsement conditions - obligations relating to interactions with certain species and communities

5.8 Catch of by-product

5.9 Consultation

Part 6 Miscellaneous

6.1 Boat lengths

6.2 Register

6.3 Reconsideration of decisions

6.4 Shark finning

6.5 Transitional

SCHEDULE 1 - Area of the fishery

SCHEDULE 2 - Area of the fishery expressed using coordinates based on GDA94

Part 1 Preliminary

1.1 Name of Management Plan

This plan is the Torres Strait Finfish Fishery Management Plan 2013.

1.2 Commencement

This Management Plan commences on the day after it is registered on the Federal Register of Legislative Instruments.

1.3 Interpretation

In this plan, unless the contrary intention appears.

ALC means an Automatic Location Communicator that is part of the VMS equipment of a boat that transmits information:

(a) about the location of the boat; and

(b) with one or more other devices, about fishing activities being undertaken by the boat.

Act means the Torres Strait Fisheries Act 1984.

acting for a person means acting with the consent of, and on behalf of, the person.

approved form means a form approved by the PZJA for the section in which the term is used.

by-catch means marine life that is:

(a) incidentally taken in the fishery and returned to the sea for any reason; or

(b) incidentally affected by interacting with fishing equipment in the fishery but not taken.

by-product means non-target marine life that:

(a) is incidentally taken in the fishery; and

(b) may be taken under the Act or a relevant instrument under the Act; and

commencement date means the date on which this Plan commences.

competitive TAC means a TAC determined under section 3.2.

competitive TAE means a TAE determined under section 3.4.

developmental permit means a permit granted for developmental purposes in the fishery under section 12 of the Act.

dinghy means a boat, other than a primary boat or a tender:

(a) to which no tenders are attached; and

(b) that operates independently; and

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.

finfish means reef fish and mackerel.

fisheries jurisdiction line means the Torres Strait fisheries jurisdiction line as described in the Treaty.

fishery means the Torres Strait Finfish Fishery.

fishing apparatus means hand held fishing lines or fishing rod and reel or mechanically operated reels and lines.

fish receiver licence means a licence to receive fish granted under section 19(4B) of the Act.

fishing season has the meaning given by section 2.6.

group means a legal entity that represents traditional inhabitants.

harvest strategy means the management actions necessary to achieve specific biological and economic objectives in a fishery.

holder, for a TSFF licence, a TSFF Treaty endorsement, or a unit, at a particular time, means the person who holds the licence, endorsement or unit at that time because of a grant of the licence or endorsement, transfer of the licence, or allocation or transfer of the unit.

local time means the time of day in the State of Queensland.

mackerel means fish of the following species:

(a) Spanish mackerel (Scomberomorus commerson);

(b) School Mackerel (Scomberomorus queenslandicus);

(d) Spotted Mackerel (Scomberomorus munroi);

(e) Shark Mackerel (Grammatorcynus bicarinatus).

mackerel entry means an entry on a TSFF licence, or a treaty endorsement, that allows the holder of the licence or endorsement to harvest mackerel in the fishery.

observer means a person approved by the PZJA to carry out the functions of an observer.

PNG means Papua New Guinea.

PNG boat means a boat for which a PNG licence is in force and which is endorsed to fish commercially in Australia under section 20 of the Act.

primary boat is a boat that:

(a) is nominated to a licence for the fishery as the primary commercial fishing boat for the licence, from which any tender boats authorised by the licence may operate; and

(b) is identified in the register as the primary boat for the licence; and

PZJA means the Protected Zone Joint Authority.

PZJA website means web pages that form the Internet website for the PZJA.

quota species means a species or species group of finfish for which there is a TAC.

reef fish means all fish of the Superclass Pisces, other than:

(a) mackerels (Scomberomorus spp.);

(b) shark mackerel (Grammatorcinus bicarinatos);

(d) skipjack tuna (Katsowonus pelamis);

(e) fish of the Family Bramidae (pomfrets);

(f) fish of the Families Istiophoridae and Xiphiidae (billfish).

reef line entry means an entry on a TSFF licence, or a treaty endorsement, that allows the holder of the licence or endorsement to harvest, process or carry reef fish.

reference point means an indicator of the level of some characteristic of the fishery used as a benchmark in assessing the performance of the objectives of this Plan.

Regulations means the Torres Strait Fisheries Regulations 1985.

scientific permit means a permit granted for scientific purposes in the fishery under section 12 of the Act.

sunset licence means a licence, granted under section 19 of the Act, mentioned in section 4.3.

tender boat means a boat, other than a primary boat that:

(a) operates in conjunction with a primary boat; and

(b) has the same owner as that primary boat; and

(d) the maximum length of which does not exceed the length determined by the PZJA.

total allowable catch (TAC), for finfish species and a fishing season, means the total commercial catch of the finfish species that may be taken in the fishery in that fishing season, in accordance with a determination of the PZJA under section 3.1.

total allowable effort (TAE), for a fishing season, means the total commercial fishing effort that may be expended in the fishery in that fishing season, determined by the PZJA under section 3.3.

Torres Strait Finfish Fishery means the area described in Schedule 2 Item 4 and Item 7 of the Torres Strait Fisheries Regulations 1985.

traditional fishing means taking living natural resources of the sea, seabed, estuaries and coastal tidal areas by traditional inhabitants for their own or their dependants’ consumption or for use in the course of other traditional activities.

traditional inhabitants means persons who:

(a) are Torres Strait Islanders who live in the Protected Zone or the adjacent coastal area of Australia; and

(b) are citizens of Australia; and

(c) maintain traditional customary associations with areas or features in or in the vicinity of the Protected Zone in relation to their subsistence or livelihood or social, cultural or religious activities.

Treaty means the Torres Strait Treaty.

Treaty endorsement means an endorsement granted under section 20(1)(a) of the Act that allows the boat identified in the Treaty endorsement to be used:

(a) for commercial fishing for finfish in the fishery; or

(b) for carrying, or processing and carrying, finfish taken in the fishery by another Treaty endorsement boat.

TSFF boat licence means a licence granted under section 19(2) of the Act that has a reef line or mackerel entry that allows the boat identified in the licence to be used for commercial fishing for finfish in the fishery.

TSFF licence means a TSFF boat licence, a TSFF master fisherman's licence, TSFF non-boat fishing licence and a TSFF TPC licence.

TSFF master fisherman's licence means a licence granted under section 19(1) of the Act that allows the holder to be in charge of the boat referred to in a TSFF boat licence.

TSFF non-boat licence means a licence granted under section 19(4A) of the Act that has a reef line or mackerel entry that allows the holder of the licence to engage in commercial fishing for finfish in the fishery.

TSFF TPC licence means a licence granted under section 19(3) of the Act that has a reef line or mackerel entry that allows the boat identified in the licence to be used for carrying, or processing and carrying, product taken by boats with a TSFF boat licence or TSFF non-boat licence in the fishery.

TSFMAC means the Torres Strait Fisheries Management Advisory Committee or any other management advisory committee established for the fishery.

TSRA means Torres Strait Regional Authority.

unit means a unit of fishing capacity into which the fishing capacity is divided by the PZJA under Part 3.

VMS means Vessel Monitoring System.

whole fish means fish that have head, fins and guts intact and have not been processed in any way.

whole weight means weight of a whole fish in kilograms.

NOTES: 1. The following terms used in this Plan are defined in the Act and have the same meaning as in the Act:

commercial fishing, community fishing, fishing, traditional inhabitant.

“Commercial fishing” also includes community fishing.

2. The fishery is also regulated by the Fisheries Management Regulations and by Regulations under the Torres Strait Fisheries Act 1984.

3. Sections 44 and 45 of the Torres Strait Fisheries Act 1984 contain offences relating to the fishery.

1.4 Fisheries offence

(1) In this Plan, a fisheries offence, for a licence holder, is an offence under the Act or another Act that relates to the licence held, including a licence endorsed under section 20 of the Act.

(2) A person is being investigated for a fisheries offence if:

(a) the PZJA is investigating whether the person has committed a fisheries offence; or

(b) a law enforcement agency is investigating whether the person has committed a fisheries offence; or

1.5 Area of the fishery

(1) The area of the fishery is the area described in Schedule 2 of the Torres Strait Fisheries Regulations 1985.

(2) The position of geographical coordinate in the description of the area of the fishery and areas excluded from the fishery is to be determined by reference to the Australian Geodetic Datum 1966 (AGD66).

(3) For convenience in the use of navigational aids, the area of the fishery is described in Schedule 1 by reference to the Geocentric Datum of Australia 1996 (GDA96).

(4) Any inconsistency in the descriptions of the area of the fishery is to be determined by reference to the Australian Geodetic Datum 1966 (AGD1966).

1.6 Objectives

In addition to the objectives in the Act, the objectives of this Plan are as follows:

Objective 1: To acknowledge and protect the traditional way of life and livelihood of Traditional Inhabitants, including their rights in relation to traditional fishing for finfish.

Objective 2: To ensure that harvest levels are at, or below, levels that maintain biologically viable stocks of target and non-target species.

Objective 3: To provide for the use and conservation of Torres Strait finfish resources in a way that minimises impact on the marine environment.

Objective 4: To optimise economic viability of the fishery.

Objective 5: To provide for optimal utilisation, cooperative management, and for catch sharing to occur with PNG.

1.7 Measures and performance criteria for the objectives

(1) The measures by which the objectives of this Plan are to be attained, and the performance criteria against which, and time frames within which, the measures taken are to be assessed, are as follows:

Objective 1 To acknowledge and protect the traditional way of life and livelihood of Traditional Inhabitants, including their rights in relation to traditional fishing for finfish.

Strategies	Performance Criteria	Timeframe
Facilitate implementation of management arrangements on the taking, processing and carrying of finfish for commercial purposes	Total commercial catch of target and non-target species or species groups is at or below agreed annual catch limits.<br> <br>PZJA agencies to monitor reported catch of charter boat operations and recreational fishing if data is available from external sources (Noting that the Torres Strait Fisheries Act does not have any jurisdiction over recreational or charter fishing in Torres Strait).<br>	Yearly<br> <br> <br>2-3 years

Objective 2 Harvest levels are at, or below levels that maintain biologically viable stocks of target and non-target species.

Strategies	Performance Criteria	Timeframe
Facilitate implementation of management arrangements on the taking, processing and carrying of finfish (gear, size and area restrictions, take and carry limits)	Total catch of target species or species groups is at or below agreed annual catch limits.<br>	Yearly
Implement Quota Management System (TAC/TAE) if determined by the PZJA	Total catch of target and non-target species or species groups is at or below agreed annual catch limits.<br>	Yearly (if required)

Objective 3 To provide for the use and conservation of Torres Strait Finfish resources in a way that minimises impact on the marine environment.

Strategies	Performance Criteria	Timeframe
Facilitate implementation of management arrangements on the taking, processing and carrying of finfish for commercial purposes (gear restrictions, area and seasonal closures).	The number of commercial fishery interactions with listed marine and threatened species.<br>Total catch of target and non-target species or species group.	Yearly
Implement Quota Management System (TAC/TAE) if determined by the PZJA.	Total catch of target and non-target species or species groups is at or below agreed annual catch limits.<br>	Yearly (if required)

Objective 4 To optimise economic viability of the fishery.

Strategies	Performance Criteria	Timeframe
Provide for the transfer of licenses.	Total number of licenses transferred.	Yearly
Facilitate effective fisheries management arrangements that allow for efficient fishing operations.<br>	Total number of used and unused Units of Fishing Capacity.<br> <br>	Yearly (if required)
Provide for Units of Fishing Capacity (if Quota Management System is implemented).	The number of transfers of Units of Fishing Capacity per fishing season (if Quota Management System is implemented).
Allow for non-Traditional Inhabitant fishers to hold a temporary licence (sunset licence) and fish in the fishery.	Total weight of quota species issued to temporary licence holders per fishing season.<br> <br>Numbers of sunset licences transferred to non-Traditional Inhabitants.	Yearly

Objective 5 To provide for optimal utilisation, cooperative management, and for catch sharing to occur with PNG.

Strategies	Performance Criteria	Timeframe
Allow for PNG licence holders to be issued cross endorsement for the fishery.	Cross endorsements issued to PNG, if requested, in a timely manner.	Yearly
Allow for the conditions on PNG cross endorsements to be complementary to TSFF licence holders.	Conditions on Cross endorsements issued are consistent with Treaty obligations.<br>

1.8 Reference points

(1) The PZJA may determine reference points for the fishery that are appropriate to uphold the objectives of this Plan.

(2) The PZJA will review the reference points as necessary to ensure that they remain appropriate.

(3) The PZJA must:

(a) monitor catch information on finfish and by-product species; and

(b) if concerns about a species are identified, determine reference points that are appropriate for maintaining ecologically viable stocks of that species and an ecologically sustainable fishery.

1.9 Persons to whom this Plan applies

(1) This plan applies to a person who is engaged in, or intends to engage in, any of the following in the area of the fishery:

(a) commercial fishing for finfish; or

(b) carrying, or processing and carrying, commercially caught finfish ; or

1.10 Persons to whom this Plan does not apply

(1) This plan does not apply to a person who:

(a) is engaged in recreational fishing (whether from a charter boat or otherwise); or

(b) is engaged in traditional fishing.

NOTE: Traditional fishers are still subject to instruments made under section 16 of the Act.

Part 2 Fishing in the fishery

2.1 Who may fish in the fishery

(1) A person may fish commercially for finfish in the area of the fishery only if the person:

(a) holds, or is acting on behalf of a person who holds:

(i) a TSFF boat licence, a TSFF non-boat fishing licence, or a TSFF TPC licence that has a mackerel or reef line entry; or

(ii) a treaty endorsement; and

(b) is fishing as authorised by the licence.

(2) A person may take fish in the fishery for developmental purposes only if the person:

(a) holds a developmental permit; and

(b) holds a TSFF boat licence or TSFF TPC licence and is fishing from a boat nominated to that licence; or

(3) A person may take fish in the fishery for scientific purposes only if the person holds a scientific permit.

(4) If the PZJA has determined a TAC or TAE for the fishery, a person who fishes commercially must also hold unused units for the fishery, unless the TAC or TAE is a competitive TAC or competitive TAE.

(5) If the PZJA has determined a competitive TAC or TAE for the fishery or part of the fishery, a person who fishes commercially must:

(a) hold unused units for the fishery; or

(b) be a member of a group to whom the competitive TAC or TAE has been allocated.

(6) If a competitive TAC has been determined, the quantity of fish taken must not exceed the TAC.

(7) If a competitive TAE has been determined, the amount of effort expended must not exceed the TAE.

(8) If a person uses part of a unit, the person is taken to have used a whole unit.

2.2 What fish can be taken

(1) If a TSFF boat licence has a reef line entry, the boat identified in the licence may take reef fish.

(2) If a TSFF boat licence has a mackerel entry, the boat identified in the licence may take mackerel.

(3) If a TSFF non-boat licence has a reef line entry, the holder of the licence may take reef fish.

(4) If a TSFF non-boat licence has a mackerel entry, the holder of the licence may take mackerel.

(5) This section applies subject to any determination the PZJA makes under section 16 of the Act.

2.3 Prohibited fish species

(1) As set out in section 16 of the Act, the PZJA may, from time to time, prohibit the taking of fish species in the fishery.

(2) The PZJA will publish the instrument on the PZJA website.

(3) Fishers must not take species listed as prohibited species in instruments under section 16 of the Act.

2.4 Fish restricted by size

(1) As set out in section 16 of the Act, the PZJA may prohibit the taking of finfish that are:

(a) greater than the maximum size for that finfish in the fishery; or

(b) less than the minimum size for that finfish in the fishery.

(2) The PZJA will publish the instrument on the PZJA website.

(3) Fishers must not take finfish bigger than the maximum size, or smaller than the minimum size, fixed by the PZJA.

2.5 Fishing methods

(1) The rules that apply to fishing methods and the catch or incidental capture of by-catch and by-product species are the rules set out in instruments made under section 16 of the Act that apply to the fishery.

(2) The PZJA will publish the instruments on the PZJA website.

2.6 Fishing season

(1) Subject to subsection (2), the fishing season is the period from 1 July in a year to 30 June in the following year (the usual period).

(2) The PZJA may determine that the fishing season is to be a period other than the usual period.

(3) A determination under subsection (2) must:

(a) be made at least 2 weeks before the start of the fishing season in question; and

(b) be published as soon as practicable on the PZJA website; and

2.7 Prohibiting fishing

(1) As set out in section 16 of the Act, the PZJA may, before the start of a fishing season, by determination prohibit fishing in the fishery.

(2) The PZJA may by emergency determination prohibit fishing in the fishery after the start of a fishing season if it is satisfied that:

(a) there exists a significant threat to the fishery's resources or to a fish or fish habitat; and

(b) urgent action needs to be taken to deal with the threat.

(3) The PZJA:

(a) will consult the TSFMAC before making a determination under subsection (1); and

(b) if practicable, consult the TSFMAC before making an emergency determination under subsection (2).

(4) The PZJA will revoke the emergency determination as soon as practicable after it is satisfied that the emergency no longer exists.

2.8 Consultation

(1) As well as the consultation under section 2.7, the PZJA may consult the TSFMAC and other interested persons before making a decision under other provisions of this Part.

(2) The PZJA will publish details of the decision on the PZJA website.

Part 3 Units of Fishing Capacity

3.1 Determination of total allowable catch (TAC)

(1) The PZJA may determine a total allowable commercial catch (TAC) for a finfish species for the fishery.

(2) The determination of the TAC may be for:

(a) a season, or several consecutive seasons; and

(b) the area of the fishery or part of the area of the fishery.

(3) In determining the TAC, the PZJA may have regard to the amount of finfish taken in the fishery by non-commercial fishing.

(4) If the PZJA determines a TAC for a species, the total amount of that species taken in that season must not exceed the TAC.

(5) Before determining the TAC, the PZJA:

(a) will consult the TSFMAC; and

(b) may consult other interested persons.

(6) A determination of TAC must specify:

(a) the TAC, expressed in whole weight or otherwise as specified in the determination; and

(b) the period for which the TAC applies; and

3.2 Competitive TAC

(1) The PZJA may determine that a TAC or part of a TAC is to be a competitive TAC.

(2) Subsections 3.1(2) to (6) apply to the determination of a competitive TAC.

(3) A competitive TAC is to be allocated to a group.

(4) If a competitive TAC is allocated to a group:

(a) the units of fishing capacity are held by the group; and

(b) the persons represented by the group who are entitled under section 2.1 to take fish in the fishery may fish in the fishery; and

(5) The PZJA will determine:

(a) how a competitive TAC is to be allocated; and

(b) how the persons represented by the group are to be identified; and

3.3 Determination of total allowable effort (TAE)

(1) The PZJA may determine the total allowable effort (TAE) for a finfish species for the fishery.

(2) The TAE may be for:

(a) a season, or several consecutive seasons; and

(b) the area of the fishery or part of the area of the fishery.

(3) In determining the TAE, the PZJA may have regard to the amount of finfish taken in the fishery by non-commercial fishing.

(4) If the PZJA determines a TAE for a species, the total amount of effort expended in that season must not exceed the TAE.

(5) Before determining the TAE, the PZJA:

(a) will consult the TSFMAC; and

(b) may consult other interested persons.

(6) A determination of TAE must specify:

(a) the TAE, expressed in terms of whole fishing days; and

(b) the period for which the TAE applies; and

3.4 Competitive TAE

(1) The PZJA may determine that a TAE or part of a TAE is to be a competitive TAE.

(2) Subsections 3.3 (2)-(6) apply to the determination of a competitive TAE.

(3) A competitive TAE is to be allocated to a group.

(4) If a competitive TAE is allocated to a group:

(a) the units of fishing capacity are held by the group; and

(b) the persons represented by the group who are entitled under section 2.1 to fish in the fishery may fish in the fishery; and

(5) The PZJA will determine:

(a) how a competitive TAC is to be allocated; and

(b) how the persons represented by the group are to be identified; and

3.5 Change of TAC and TAE

(1) The PZJA may by determination increase the TAC or TAE if:

(a) there is evidence that there will be no substantial increase in the impact of fishing on the fishery; and

(b) the increase would be consistent with the objectives of the Act and this Plan.

(2) The PZJA may by determination reduce the TAC or TAE before the fishing season begins if it is satisfied that:

(a) there exists a threat to the fishery's resources or to a fish or fish habitat; and

(b) urgent action needs to be taken to deal with the threat.

(3) In changing the TAC or TAE, the PZJA may have regard to the amount of finfish taken in the fishery by non-commercial fishing.

(4) Before changing the TAC or TAE, the PZJA:

(a) will consult the TSFMAC; and

(b) may consult other interested persons.

(5) A determination increasing or reducing the TAC or TAE must:

(a) set out the new TAC or TAE, and the period for which it is to be in force; and

(b) set out the reasons for the change.

3.6 Publication of TAC and TAE

(1) A determination under section 3.1, 3.2, 3.3, 3.4 or 3.5 must be published as soon as practicable on the PZJA website and, if practicable, notified to all holders of TSFF licences and endorsements.

3.7 Allocation of Units of Fishing Capacity

(1) The PZJA must determine a maximum number of units of fishing capacity for the fishery before it first determines a TAC or TAE for the fishery.

(2) The PZJA may:

(a) allocate units to:

(i) individual traditional inhabitants who hold TSFF boat licences or TSFF non-boat licences; or

(ii) groups formally representing traditional inhabitants; and

(b) hold a number of units on behalf of Treaty endorsement holders.

(3) The PZJA may allocate further units at any time.

(4) Before allocating units, the PZJA will consult the TSFMAC on appropriate allocation processes to determine an appropriate allocation formula.

(5) A unit cannot permanently be held by a person who is not a traditional inhabitant or a group.

(6) The number of units held on behalf of Treaty endorsement holders will be determined as set out in article 23 of the Treaty.

3.8 Certificate of allocation of Units of Fishing Capacity

(1) After the PZJA allocates units to a person or group, the PZJA will give the holder a certificate setting out the person's name and the number of units the person holds.

(2) If a certificate issued by the PZJA for an allocation is lost, stolen or destroyed or units have been transferred, the PZJA may issue a replacement certificate.

3.9 Value of Units of Fishing Capacity

(1) If the PZJA has determined a TAC for the fishery, the value of a unit for the period for which the TAC applies will be expressed in kilogram amounts of whole weight, using the following formula:

unit value = TAC divided by the sum of all units.

(2) If the PZJA has determined a TAE for the fishery, the value of a unit of fishing capacity for the period for which the TAE applies will be expressed in terms of whole fishing days, using the following formula:

unit value = TAE divided by the sum of all units.

3.10 Transfer of Units of Fishing Capacity

(1) A person or a group holding units of fishing capacity may transfer the units permanently to any other traditional inhabitant or group.

(2) A person or a group holding unused units of fishing capacity may temporarily transfer units to a person who is not a traditional inhabitant if:

(a) the person holds a sunset licence; and

(b) the temporary transfer is for a period that is not longer than the term of the sunset licence.

(3) The transferor and transferee must give the PZJA written notice of the transfer.

(4) The PZJA must register the transfer of units unless:

(a) the transferor or transferee:

(i) is being investigated for a fisheries offence; or

(ii) has been convicted of a fisheries offence; or

(b) any levy due and payable by the transferor or transferee has not been paid; or

(5) The PZJA will issue a new certificate of allocation of the units to the transferee.

(6) A transfer is of no effect until it is registered.

Part 4 Licences

4.1 Grant of licences and endorsements

(1) As set out in section 19 of the Act, licences may be granted for commercial fishing from a boat in the fishery and for taking, carrying, or for carrying and processing, product in the fishery.

(2) As set out in section 20 of the Act, endorsements may be granted for PNG boats.

4.2 TSFF licences

(1) A TSFF boat licence granted under section 19(2) of the Act allows the boat nominated to the licence to be used for commercial fishing for finfish in the fishery in accordance with this Plan.

(2) A TSFF TPC licence issued under section 19(3) of the Act allows the boat nominated to the licence to be used for carrying, or processing and carrying, finfish that have been taken with another boat in accordance with this Plan.

(3) A TSFF licence remains in force for the period specified in the licence.

(4) A TSFF licence may only be granted to:

(a) a traditional inhabitant; or

(b) a group that represents traditional inhabitants.

4.3 Sunset licences

(1) A sunset licence may only be granted to a group.

(2) A sunset licence is granted for the purpose of the group temporarily transferring the licence to a group or to an individual (whether a traditional inhabitant or not).

(3) A sunset licence allows the holder to fish commercially for finfish in the fishery during the period of the licence, using the boat nominated to the licence.

4.4 Treaty endorsements

(1) As set out in section 20 of the Act, a treaty endorsement may be granted for commercial fishing for finfish in the fishery in accordance with this Plan.

(2) A treaty endorsement allows the boat nominated in the endorsement to be used:

(a) for commercial fishing for finfish in the fishery; or

(b) for carrying, or processing and carrying, finfish taken in the fishery by another treaty endorsed boat.

(3) A treaty endorsement may only be granted to the holder of a PNG licence that allows the boat identified in the licence to be used for finfish fishing.

4.5 Nomination of a boat

(1) The holder of a TSFF boat licence, a TSFF TPC licence or a sunset licence may nominate a boat for the licence.

(2) The boat may be a primary boat, a tender or a dinghy.

(3) As set out in section 25A of the Act, the holder of a TSFF boat licence, a TSFF TPC licence or a sunset licence may apply to the PZJA in the approved form for a different boat to be the nominated boat for the licence.

(4) The PZJA must:

(a) for each nominated boat, enter in the Register the details required by the Regulations to be shown in the Register; and

(b) give the licence holder an extract from the Register that:

(i) shows the name and distinguishing number for the boat nominated for the licence; and

(ii) states the conditions to which the licence is subject; and

(iii) is signed by the PZJA.

(5) The PZJA must not register a boat as a nominated boat for a TSFF boat licence, a TSFF TPC licence or a sunset licence if the boat is a nominated boat for another TSFF boat licence, a TSFF TPC licence or a sunset licence.

4.6 Entries for the finfish fishery (reef line and mackerel)

(1) Under section 21 of the Act, the PZJA may make entries in licences and endorsements to extend the licence or endorsement to particular fish.

(2) The PZJA may limit the number of mackerel or reef line entries for allocation to TSFF licences and treaty endorsements in the fishery.

(3) The PZJA will consult with TSFMAC before making a decision limiting the number of mackerel or reef line entries.

4.7 Transfer of licences

(1) The holder of a TSFF licence, other than a TSFF master fisherman's licence, may transfer the licence.

(2) A TSFF licence may only be transferred to a traditional inhabitant or a group.

(3) A sunset licence:

(a) may only be transferred temporarily; and

(b) if transferred, may not be again transferred.

(4) If the transferor does not hold any other licences for the fishery, he or she must also transfer all of his or her units before or at the same time the licence is transferred.

(5) The transferor and transferee must apply to the PZJA using the approved form for the transfer to be registered, and pay the prescribed fee.

(6) The PZJA must register the transfer of a licence unless:

(a) the licence has been suspended; or

(b) the transferor or transferee:

(i) is being investigated for a fisheries offence; or

(ii) has been convicted of a fisheries offence; or

(d) a circumstance set out in a condition of the licence exists.

4.8 Primary and tender boats

(1) A licence holder is entitled to take, process and transfer product on and between all primary and tender boats nominated for the licence.

(2) A tender boat can only take fish when operating from a primary boat.

(3) Each primary boat will be marked with a distinguishing number followed by the letter ‘T’, as required by the Regulations.

(4) Each tender boat will be marked:

(a) with the distinguishing number of its primary boat, followed by a “T”, as required by the Regulations; and

(b) the unique tender number (for example, FVXX-T (1 or 2 or 3)).

(5) The PZJA may determine a maximum number of tenders for each licence.

(6) The PZJA may determine the maximum number of tenders for the whole fishery.

(7) Before determining the number of tenders, the PZJA must consult the TSFMAC.

4.9 Scientific or developmental Permits

(1) As set out in section 12 of the Act, permits for scientific or developmental purposes may be granted for the area of the fishery or part of the fishery.

(2) A developmental permit will only be granted to the holder of a TSFF boat licence, a TSFF non-boat licence or a TSFF TPC licence.

(3) The PZJA may determine guidelines for:

(a) the grant of and revocation of scientific and developmental permits; and

(b) the imposition, variation and revocation of conditions of those permits.

4.10 Other PZJA powers under the Act

(1) Nothing in this Part is to be taken as limiting the power of the PZJA to grant licenses under section 19 of the Act.

Part 5 Licence and endorsement conditions

5.1 Licence and endorsement conditions - general

(1) It is a condition of a TSFF licence and an endorsement that the holder must:

(a) comply with:

(i) this Plan; and

(ii) the Regulations that apply to the fishery; and

(iii) all applicable provisions of the Act; and

(iv) all determinations under Part 3; and

(v) any conditions imposed on the licence or endorsement; and

(vi) all instruments made under section 16 of the Act that apply to the fishery;

(b) ensure that each person acting under the holder's directions complies with this Plan and the legislation and other matters mentioned in paragraph (a); and

(d) if an observer program is implemented in the fishery, carry an observer, and the observer's safety and monitoring equipment, as set out in section 5.5, if the PZJA asks the holder to do so; and

(e) carry a vessel monitoring system, as required by section 5.6; and

(f) minimise the impact of fishing operations on the marine environment, as set out in section 5.7; and

(g) give the PZJA reasonable access to biological, economic or technical information, or biological samples that are available to the holder, if the PZJA asks the holder to do so; and

(h) carry on board the primary boat or dinghy the TSFF licence or endorsement that refers to the boat; and

(i) allow a primary boat, a tender boat or a dinghy to be independently measured, as required by the PZJA.

(2) It is a condition of a TSFF boat licence and a TSFF non-boat licence that the holder must not sell, or otherwise dispose of (other than solely for transportation or storage purposes preceding delivery to the holder of a fish receiver licence) finfish that the holder takes except to the holder of a fish receiver licence or a TSFF TPC licence.

NOTE: It is an offence under section 44 of the Torres Strait Fisheries Act 1984 to contravene an instrument under section 16 of the Act, and an offence under section 45 of the Act to contravene a condition of a licence.

5.2 Licence and endorsement conditions – Logbooks

(1) The PZJA may determine a form of Logbook for the fishery, as set out in section 14 of the Act.

(2) If the PZJA determines a form of Logbook, it is a condition of a TSFF boat licence, TSFF non-boat licence or Treaty endorsement that the holder must ensure that the information required by the Logbook about fish taken and effort expended in the fishery is accurately and fully recorded in the Logbook, in accordance with the instructions for completing the Logbook.

5.3 Licence and endorsement conditions - quota monitoring system

(1) If the PZJA determines a quota for the fishery by determining a TAC or TAE for the fishery, it is a condition of a TSFF licence or endorsement that holders must comply with:

(a) all requirements imposed by the PZJA, and instructions from the PZJA, about the quota monitoring system; and

(b) notices and other reporting requirements of the PZJA about the quota monitoring system.

NOTE: These requirements will be set out in other instruments, such as determinations under s.16 of the Act or licence conditions.

5.4 Licence conditions – other obligations of licence and endorsement holders

(1) It is a condition of a TSFF boat licence, TSFF non-boat licence and treaty endorsement that the holder:

(a) fishes only for finfish in the fishery; and

(b) does not fish for fish species that are prohibited by instrument under section 16 of the Act; and

(d) does not fish in the fishery when a determination under section 2.7 is in force.

(2) It is a condition of a TSFF TPC licence and treaty endorsement that the holder does not carry, or process and carry, fish species that are prohibited by instrument under section 16 of the Act.

5.5 Licence and endorsement conditions – observers

(1) If an observer program is in place in the fishery, it is a condition of a licence and endorsement that the holder complies with the requirements of this section.

(2) If the PZJA directs the holder of a TSFF boat licence or endorsement to carry an observer on a boat, the holder must ensure that:

(a) an observer; and

(b) the observer’s safety equipment; and

are on board the boat when the boat commences the trip to which the direction applies.

(3) The holder must ensure that the observer is provided with adequate food and accommodation while the observer is on board the boat during a trip.

(4) The holder must ensure that the observer is carried safely on the boat.

(5) The holder must ensure that observer:

(a) is given assistance by the holder, the master of the boat and crew members of the boat; and

(b) is given access to all parts of the boat;

to the extent reasonably necessary to permit the performance of the functions of the observer.

(6) The holder must not interfere with, or obstruct, the observer in the course of collecting data or samples.

(7) The holder must ensure that:

(a) the master of the boat; and

(b) crew members of the boat;

do not interfere with, or obstruct, the observer in the course of collecting data or samples.

5.6 Licence and endorsement conditions - vessel monitoring system (VMS)

(1) If a vessel monitoring system is in place in the fishery, it is a condition of a licence and endorsement that the holder complies with the requirements of this section.

(2) The holder of a TSFF boat licence or endorsement must ensure that the VMS on a boat is operational at all times.

(3) If the VMS stops operating, the holder must ensure that the PZJA is informed as soon as practicable after the holder becomes aware that the VMS has stopped operating.

5.7 Licence and endorsement conditions - obligations relating to interactions with certain species and communities

(1) The holder of a licence or treaty endorsement within the fishery must take all reasonable steps to ensure that the impact of fishing operations on the marine environment is kept to a minimum.

(2) In particular, the holder must take all reasonable steps to:

(a) avoid interaction with the following:

(i) cetaceans;

(ii) marine species listed for section 248 of the EPBC Act;

(iii) migratory species listed for section 209 of the EPBC Act;

(iv) threatened species listed for section 178 of the EPBC Act; and

(b) ensure that anything that may harm the marine environment is not disposed of at sea.

(3) If the fishing activities undertaken on the boat result in an interaction with a species or community mentioned in subsection (2), the licence or endorsement holder must:

(a) record details of the interaction in a logbook kept for that purpose if they are required to provide information under section 14 of the Act; and

(b) if there is an observer on the boat:

(i) immediately tell the observer about the interaction, and allow the observer to observe its consequences; and

(ii) give whatever assistance is necessary for the observer to collect the data, or make the observations, required by the PZJA; and

(c) if the interaction results in an injury to a member of the species or community, do everything that can practicably be done to give aid to it; and

(d) if the interaction results in the death of a member of the species or community:

(i) discharge its carcass from the boat in a way that does not attract birds or mammals to the boat; or

(ii) if directed by the PZJA to retain carcasses for scientific purposes, retain the carcass and deal with it as the PZJA directs; and

(e) if the interaction results in the death of, or an injury to, a member of the species or community, report the interaction in accordance with any requirement imposed by regulations made for the purposes of this section.

5.8 Catch of by-product

(1) It is a condition of a TSFF licence or endorsement that:

(a) as set out in instruments under section 16 of the Act, the holder of the licence or endorsement does not possess more than the maximum amount of a finfish species for which the licence does not have an entry; and

(b) if a TAC is determined for a finfish species, the holder of the licence or endorsement who does not hold unused units for that species does not retain any of that species greater than the recreational bag limits provided for in the Queensland Coral Reef Finfish Management Plan and the Queensland Fisheries Regulations.

5.9 Consultation

(1) The PZJA may consult the TSFMAC and other interested persons before making a decision under this Part.

(2) The PZJA will publish details of the decision on the PZJA website.

Part 6 Miscellaneous

6.1 Boat lengths

(1) As set out in instruments under section 16 of the Act, the PZJA may determine lengths for boats fishing in the fishery.

(2) Before making a determination under this section, the PZJA may consult TSFMAC.

6.2 Register

(1) As well as the matters mentioned in section 10 of the Act, the Register must show particulars of:

(a) transfers or temporary transfers of TSFF licences, sunset licences and units of fishing capacity; and

(b) boats nominated under section 4.5; and

6.3 Reconsideration of decisions

(1) In this section, decision means a decision of the PZJA:

(a) allocating units of fishing capacity under section 3.7; or

(b) refusing to register a transfer under section 4.7; or

(2) A person affected by a decision may in writing request the PZJA to reconsider the decision.

(3) The person must make the request within 28 days of the date of the decision.

(4) The PZJA must reconsider the decision within 60 days of receiving the request for review, and must:

(a) confirm the decision; or

(b) revoke the decision and make another decision in its place.

(5) The PZJA must notify the person in writing of its decision under subsection (4).

6.4 Shark finning

(1) It is prohibited in the area of the fishery to remove the fins from a shark and discard the torso into the sea.

(2) It is prohibited in the area of the fishery to remove the liver from a shark and discard the shark carcass into the sea.

6.5 Transitional

(1) A TSFF licence in force immediately before the commencement date remains in force until its expiry date.

SCHEDULE 1

Section 1.4

Area of the fishery

NOTE: The area of the Torres Strait finfish[1] and mackerel Fishery is as currently described in Schedule 2 of the Torres Strait Fisheries Management Regulations 1985 and is included here for convenience:

The area of the finfish fishery is the area consisting of:

(a) the area of waters in Protected Zone to the south of the Fisheries Jurisdiction Line;

(b) the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10°48'00" south, longitude 141°20'00" east and running progressively:

north along the meridian of longitude 141°20'00" east to its intersection with the parallel of latitude 10°28'00" south;
east along that parallel to its intersection with the meridian of longitude 144°00'00" east;
south along that meridian to its intersection with the parallel of latitude 10°41'00" south;
west along that parallel to its intersection with the meridian of longitude 142°31'49" east;
south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;
generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10°48'00" south;
west along that parallel to the point where the line began; and

The area of the mackerel fishery is the area consisting of:

(a) the area of waters in Protected Zone to the south of the Fisheries Jurisdiction Line;

north along the meridian of longitude 141°20'00" east to its intersection with the parallel of latitude 10°28'00" south;
east along that parallel to its intersection with the meridian of longitude 144°00'00" east;
south along that meridian to its intersection with the parallel of latitude 10°41'00" south;
west along that parallel to its intersection with the meridian of longitude 142°31'49" east;
south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;
generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10°48'00" south;
west along that parallel to the point where the line began; and

SCHEDULE 2

Section 1.4

Area of the fishery expressed using coordinates based on GDA94

NOTE: For ease of use of navigational aids, the description of the fishery is also expressed in this Schedule by reference to WGS84. Any discrepancy between this description and the description in Schedule 1 is to be resolved by reference to Schedule 1.

REFERENCE	LATITUDE	LONGITUDE	NOTES
1	10° 47’ 54.68” South	141° 20’ 03.99” East
B	10° 27’ 54.69” South	141° 20’ 03.99” East	This is point (b) of the Protected Zone under the Torres Strait Treaty
2	10° 27’ 54.66” South	144° 00’ 03.89” East
3	10° 40’ 54.65” South	144° 00’ 03.89” East
4	10° 40’ 54.67” South	142° 31’ 52.94” East
5	10° 41’ 14.67” South	142° 31’ 52.94” East	See note 2.
6	10° 47’ 54.67” South	142° 24’ 13.95” East	See note 2.

Note

Coordinates expressed in terms of the Geodetic Datum of Australia 1994 (GDA94) have been transformed from the Australian Geodetic Datum 1966 (AGD66) using the National 3 dimensional similarity transformation[2].

AGD66 to GDA94 parameters:

dx: -117.808 m

dy: -51.536 m

dz: 137.784 m

k: -0.29 ppm

rx: -0.303 Arc Seconds

ry: -0.446 Arc Seconds

rz: -0.234 Arc Seconds

2. For the purposes of plotting the points defining this Fishery in a geographic information system (GIS), an interpretation of where the specific parallel or meridian crosses the coastline is based on the visible coastline from an orthorectified satellite image.

3. For all practical purposes, coordinates expressed in terms of GDA94 are deemed equivalent to coordinates expressed in terms of WGS84.

[1] In the Torres Strait Fisheries Regulations finfish is the term used for what we call in these instructions the “reef line” fishery. The area for the finfish fishery and the mackerel fishery are the same in the Regulations.

[2] Geodetic Datum of Australia Technical Manual, Version 2.3(1), ISBN 0-9579951-0-5, published by the Intergovernmental Committee on Surveying & Mapping (ICSM)

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TORRES STRAIT FINFISH FISHERY MANAGEMENT PLAN 2013

Dated the 18th day of June 2013.

Joseph Ludwig

The Hon. Joseph Ludwig, MP

Commonwealth Minister for Agriculture Fisheries and Forestry

on behalf of the PJZA

Table of Contents

Part 1 Preliminary

1.1 Name of Management Plan

1.2 Commencement

1.3 Interpretation

1.4 Fisheries offence

1.5 Area of the fishery

1.6 Objectives

1.7 Measures and performance criteria for the objectives

1.8 Reference points

1.9 Persons to whom this Plan applies

1.10 Persons to whom this Plan does not apply

Part 2 Fishing in the fishery

2.1 Who may fish in the fishery

2.2 What fish can be taken

2.3 Prohibited fish species

2.4 Fish restricted by size

2.5 Fishing methods

2.6 Fishing season

2.7 Prohibiting fishing

2.8 Consultation

Part 3 Units of Fishing Capacity

3.1 Determination of total allowable catch (TAC)

3.2 Competitive TAC

3.3 Determination of total allowable effort (TAE)

3.4 Competitive TAE

3.5 Change of TAC and TAE

3.6 Publication of TAC and TAE

3.7 Allocation of Units of Fishing Capacity

3.8 Certificate of allocation of Units of Fishing Capacity

The Plan installs several core concepts that structure rights, obligations and management levers. These concepts are defined in Part 1 and operationalised throughout Parts 2-6.

Finfish, reef fish and mackerel. Finfish is defined to mean reef fish and mackerel, with the mackerel species list given (s 1.3). Reef fish is defined by exclusion of a number of taxa (e.g. mackerels, tuna, billfish) so the Plan distinguishes target groups for quota, gear, and seasons (s 1.3).
TSFF licences and Treaty endorsements. TSFF licences cover boat licences, master fisherman licences, non-boat licences and TPC licences and are the primary authorisation for commercial finfish activity (s 1.3). Treaty endorsements are specific endorsements for PNG-licensed boats to operate, subject to Treaty conditions and PZJA determinations (s 4.4).
Units of Fishing Capacity. Units are the divisible measure into which fishing capacity is split by the PZJA before a TAC/TAE is first determined (s 3.7(1)). Units are allocated to traditional inhabitants or groups, certificates are issued, values are calculated against TAC or TAE (s 3.8-3.9), and transfers are subject to registration and eligibility rules (s 3.10).
TAC and TAE and their competitive variants. TAC is a total allowable commercial catch (s 3.1). TAE is total allowable effort measured in whole fishing days (s 3.3). Either may be declared competitive, in which case allocations are to groups and units are held by the group and the PZJA prescribes allocation and fishing rules (ss 3.2, 3.4). The PZJA may change TAC or TAE in defined circumstances (s 3.5).
Traditional inhabitant and groups. The Plan confines permanent licence and unit ownership to traditional inhabitants or groups representing them (s 1.3 definitions; s 3.7(5); s 4.2(4); s 4.7(2)). A group is a legal entity representing traditional inhabitants (s 1.3).
Management instruments under s 16 of the Act. Recurrent references make instruments under s 16 the operational vehicle for size limits, prohibited species, gear and area restrictions, boat lengths and quota monitoring systems (e.g. ss 2.3-2.5, s 5.1(a)(vi), s 6.1). The Plan therefore functions with a two-tier structure: the Plan sets the framework while many operational rules are delegated to s 16 instruments.
Compliance and monitoring tools. Logbooks (s 5.2), quota monitoring systems (s 5.3), observer programmes (s 5.5), and a vessel monitoring system (VMS) together form the enforcement and data collection architecture (Pt 5).
Consultation, publication and administrative review. The Plan repeatedly requires or permits consultation with TSFMAC before key decisions (e.g. s 2.7(3), ss 3.1(5), 3.3(5), s 4.6(3), s 3.7(4)), requires publication on the PZJA website for many determinations (see s 2.8, s 3.6), and provides a reconsideration route for certain PZJA decisions with specified timeframes (s 6.3).

These concepts interact as follows: the PZJA determines whether to set a TAC or TAE (s 3.1, s 3.3). If it does, it must first have established total units (s 3.7(1)). Unit value for the relevant period is then the TAC divided by total units (weight) or TAE divided by total units (fishing days) (s 3.9). Units can be permanently transferred only among traditional inhabitants or groups (s 3.10(1)), while temporary transfers to non-traditional persons are possible only in narrow circumstances linked to sunset licences (s 3.10(2)). Competitive TAC/TAE creates collective allocations to groups, and the PZJA prescribes rules for allocation and identification of persons authorised to fish under those competitive allocations (ss 3.2(5), 3.4(5)). The Plan layers monitoring, reporting and on-board obligations on licence holders to enable enforcement of TAC/TAE and other limits (Pt 5).

Finally, spatial and temporal controls are layered on top. The fishing season is defined in default terms (1 July to 30 June) but the PZJA may determine different periods (s 2.6); the PZJA may also prohibit fishing entirely for a season or by emergency determination (s 2.7). Geographic boundaries are fixed in Schedules 1 and 2 with a datum precedence rule (s 1.5).

The Plan names and limits the population to whom it applies and excludes certain activities and persons.

Primary affected persons and entities (s 1.9):

Holders of TSFF boat licences (s 1.3 definitions; Pt 4), TSFF non-boat licences, TSFF TPC licences, and Treaty endorsements who engage in commercial fishing, carrying, or processing and carrying finfish in the fishery (s 1.9(1)(a)-(b); s 2.1).
Holders and applicants for scientific and developmental permits under s 12 of the Act, when they operate in the area of the fishery (s 1.9(1)(c); s 4.9).

Excluded groups and other users (s 1.10):

Recreational fishers, including charter operations, are not regulated by this Plan (s 1.10(1)(a)); the Plan notes that the Torres Strait Fisheries Act does not have jurisdiction over recreational or charter fishing (s 1.7 Objective 1 strategies and notes).
Traditional fishing by traditional inhabitants is excluded from the Plan but note that traditional fishers remain subject to instruments under s 16 of the Act (s 1.10(1)(b); note).

Key sub-categories and practical effects:

Traditional inhabitants and groups are the privileged holders of permanent rights under the Plan. TSFF licences and units may only be permanently granted to traditional inhabitants or groups (s 4.2(4); s 3.7(2)(a), (5); s 4.7(2)). This affects ownership and long-term asset value: permanent transfers may only be to traditional inhabitants or groups (s 3.10(1); s 4.7(2)).
Non-traditional persons have restricted access. Temporary pathways such as sunset licences enable non-traditional individuals to fish only temporarily when a group transfers units or a sunset licence is temporarily transferred, and only while that sunset licence is in force (s 4.3(1)-(3); s 3.10(2)). A sunset licence may be transferred temporarily but, if transferred, may not be transferred again (s 4.7(3)).
Papua New Guinea licence holders and vessels are addressed via Treaty endorsements (s 4.4). Treaty endorsement holders may be allocated units held on their behalf by the PZJA as required under article 23 of the Treaty (s 3.7(2)(b), (6)), and the PZJA may issue cross endorsements to PNG licensees that mirror conditions for TSFF holders (objective 5 measures, s 1.7).
Processors and fish receivers are regulated indirectly. A TSFF boat licence or non-boat licence holder may only sell or dispose of finfish to a holder of a fish receiver licence or a TSFF TPC licence, except for transportation or storage preceding delivery to a fish receiver (s 5.1(2)).
Licence transfer parties. Transferors and transferees of licences and units must comply with eligibility and administrative requirements (s 3.10(3)-(6); s 4.7(4)-(6)). Registration can be refused where transferor or transferee is under investigation or convicted of a fisheries offence, levies unpaid, licence suspended, or a condition exists that blocks transfer (s 3.10(4); s 4.7(6)).

Indirectly affected parties:

TSFMAC and other advisory bodies are affected operationally; the PZJA must consult TSFMAC on certain matters (s 2.7(3), s 3.1(5), s 3.3(5), s 3.7(4), s 4.6(3), s 6.1).
Government agencies involved in enforcement, species protection and environmental law will be implicated where Plan obligations interact with the EPBC Act (s 5.7 references to EPBC Act sections 178, 209, 248).
Suppliers of monitoring equipment, observers and VMS services face new demand as the Plan imposes VMS, ALC and observer carriage requirements where those systems are implemented (s 1.3 definition of ALC; ss 5.5-5.6).

Who pays and who decides:

Applicants and transfer parties must pay prescribed fees when seeking transfers or registrations (s 4.7(5)). Levies are referred to and their non-payment can block registration (s 3.10(4)(b); s 4.7(6)(c)). Licence holders bear the direct compliance costs: logbooks, VMS/ALC operation and reporting, observer carriage costs (ss 5.2, 5.6, 5.5).
The PZJA makes the substantive determinations and retains discretion to set TACs, TAEs, unit numbers, boat lengths, and other instruments, while TSFMAC is an advisory body that must be consulted in many instances but not necessarily given a veto (see s 3.1(5), s 3.3(5), s 3.7(4), s 2.7(3)).

In short, the Plan materially privileges traditional inhabitants and groups for long-term access, provides structured but discretionary pathways for PNG Treaty boats and temporary access for non-traditional fishers via sunset licences, and imposes monitoring and reporting duties on all commercial licence holders in the fishery.

The Plan creates a set of enforceable duties for licence and endorsement holders and specifies a number of rights around fishing entitlement, transferability and administrative review.

Key duties placed on licence and endorsement holders (Part 5, various sections):

Compliance with the Plan and related instruments. Holders must comply with the Plan, the Regulations, the Act, determinations under Part 3, licence conditions and instruments under s 16 of the Act (s 5.1(1)(a)).
Directional duties. Holders must ensure persons acting under their direction comply with the Plan and must keep logbooks (s 5.1(1)(b), (c); s 5.2).
Carriage and operation of monitoring equipment. Holders must carry a VMS (if VMS is in place) and ensure it is operational at all times; if VMS stops the PZJA must be informed as soon as practicable (s 5.6(1)-(3)). ALC is defined as part of VMS equipment (s 1.3).
Observer obligations. Where an observer programme exists, the holder must carry observers and provide their safety and monitoring equipment, adequate food and accommodation and unrestricted access to perform functions; obstruction is prohibited (s 5.5(1)-(7)).
Environmental obligations and reporting. Holders must take all reasonable steps to minimise impact on the marine environment, avoid interactions with cetaceans and species/communities listed under the EPBC Act, prevent disposal of harmful material at sea, and report interactions, provide assistance to observers and handle carcasses as directed (s 5.7(1)-(3)).
Catch handling and sale restrictions. Holders of TSFF boat or non-boat licences may not sell finfish except to holders of a fish receiver licence or a TSFF TPC licence, except where fish are being transported or stored pending delivery to a fish receiver licence holder (s 5.1(2)). Holders must also observe by-product possession limits set in s 16 instruments and national/state recreational bag limits if they lack units for a species with a TAC (s 5.8(1)(a)-(b)).
Logbooks and quota monitoring. Holders must accurately and fully record logbook information and comply with quota monitoring system requirements if a TAC/TAE is in force (ss 5.2, 5.3).
Vessel marking and measurement. Holders must carry the licence on board, ensure boats are marked per Regulation requirements and permit independent measurements (s 5.1(1)(h)-(i); s 4.8(3)-(4)).

Key rights and entitlements:

Right to fish under licence or endorsement. A person may fish commercially only if they hold a relevant TSFF licence or Treaty endorsement and they comply with licence authorisations (s 2.1(1)(a)-(b)).
Rights under TAC/TAE and units. If a TAC or TAE is determined a fisher must hold unused units to fish commercially unless the TAC/TAE is competitive; if competitive TAC/TAE is allocated to a group, the group holds units and the persons represented may fish until the allocation is exhausted (s 2.1(4)-(7); s 3.2(3)-(4); s 3.4(3)-(4)). The Plan specifies unit valuation formulae (s 3.9).
Transfer rights with conditions. Units and licences can be transferred, subject to the Plan’s eligibility rules and registration procedures. Units may be permanently transferred only to traditional inhabitants or groups and temporarily to non-traditional persons only where the transferee holds a sunset licence and the transfer term does not exceed the sunset licence term (s 3.10(1)-(2)). Licences may be transferred to traditional inhabitants or groups, with additional constraints for sunset licences (s 4.7(1)-(3)).
Administrative review. Persons affected by certain PZJA decisions (allocation of units, refusal to register a transfer, nomination of boat) may request reconsideration in writing within 28 days; the PZJA must reconsider within 60 days and notify its decision in writing (s 6.3(1)-(5)).

Operational mechanics that affect duties and rights:

Precedence and publication. Many determinations must be published on the PZJA website and, if practicable, notified to licence holders (s 3.6; s 2.6(3)). This creates administrative transparency as the mechanism for communicating conditions, TAC/TAE changes and emergency closures (s 2.7).
Emergency power and revocation. The PZJA can prohibit fishing by emergency determination where there is a significant threat to resources or habitat and such prohibition must be revoked as soon as practicable once the emergency passes (s 2.7(2), (4)). This places a duty on holders to comply with time-limited closures and a right of return once revoked.
Registration requirements. Transfers are of no effect until registered (s 3.10(6)). The PZJA must register transfers unless specified disqualifying circumstances exist (s 3.10(4); s 4.7(6)). Where a certificate of allocation is lost or units are transferred, the PZJA issues replacement certificates (s 3.8).

Who enforces duties and who adjudicates rights:

Enforcement is by reference to the Act. The Plan notes offences under ss 44 and 45 of the Torres Strait Fisheries Act 1984 for contravening instruments under s 16 or licence conditions (note after s 1.3; s 5.1 note). The PZJA administers licences and registers and may refuse registrations or transfers in prescribed circumstances (ss 3.10(4), 4.7(6)). The Act provides for criminal and civil sanctions outside this Plan; the Plan itself frames administrative compliance and recordkeeping duties.

Together, these duties and rights create a managed commercial fishery where entitlement is tightly regulated, monitoring and reporting are compulsory where the systems are implemented, and administrative controls on transfer and sale shape the market for fishing capacity and product.

The Management Plan embeds enforcement through statutory cross-reference to the Torres Strait Fisheries Act and by creating administrative controls that can withhold registration, transfer or continued licence operation. The Plan itself does not set criminal penalties but repeatedly references the Act and Regulations that do.

Statutory penalties and enforcement pathways referenced in the Plan:

Contravention offences. The Plan expressly notes that contravening an instrument made under s 16 of the Act is an offence under s 44 of the Torres Strait Fisheries Act 1984, and contravening a licence condition is an offence under s 45 of the Act (note after s 1.3; s 5.1 note). Those Act sections carry the relevant criminal or civil penalty regimes in the parent legislation (the Plan does not reproduce penalty amounts).
Administrative refusal or suspension of registrations and transfers. The PZJA must not register transfers of units or licences where specified disqualifying circumstances exist: if the transferor or transferee is being investigated for a fisheries offence or has been convicted of such an offence; if levies are unpaid; if a licence has been suspended; or if a condition of the licence prevents the transfer (s 3.10(4); s 4.7(6)). These provisions are administrative enforcement levers that can block the legal effectiveness of transfers.
Emergency prohibitions. The PZJA can issue emergency determinations to prohibit fishing after season commencement where it is satisfied a significant threat exists and urgent action is required (s 2.7(2)). An emergency determination is time-limited and must be revoked as soon as practicable after the emergency passes (s 2.7(4)). Failure to comply with an emergency prohibition will engage the Act’s offence provisions.
Operational compliance requirements. VMS operation, logbook completion, observer carriage assistance, handling of interactions with protected species and by-product limits are conditions of licences (Pt 5). Failure to comply with these conditions engages s 45 offences under the Act as signposted in the Plan (s 5.1 note).
Record and reporting obligations. The Plan requires holders to give the PZJA reasonable access to biological, economic or technical information or samples if requested (s 5.1(1)(g)). Non-compliance with reporting or quota monitoring system notices is made a licence condition when a TAC/TAE is set (s 5.3). Again, the Act’s enforcement provisions will apply to breaches.

Procedural enforcement and remedies:

Reconsideration of PZJA administrative decisions. Affected persons may request reconsideration of certain PZJA decisions (allocation of units, refusal to register transfer, nomination of boat) within 28 days and the PZJA must reconsider within 60 days and notify in writing (s 6.3). This creates an internal review remedy before or alongside external review avenues provided under the Act.
Publication and notice requirements. Determinations that set TACs/TAEs, prohibit species, fix sizes or change seasons must be published on the PZJA website and, if practicable, notified to licence holders (ss 2.6(3), 3.6, 2.8, 2.3-2.5). Publication fulfils a procedural transparency duty that assists enforcement through notice.
Registration as prerequisite. Transfers and allocation changes are of no effect until registered; the PZJA issues certificates of allocation and replacement certificates where necessary (ss 3.8, 3.10(6)). Registration is thus both an administrative check and an enforcement mechanism.

Interactions with other enforcement regimes:

EPBC Act interfaces. The Plan requires holders to avoid interactions with species listed under sections of the Environment Protection and Biodiversity Conservation Act 1999 (sections 178, 209, 248 are specifically cited) and to report interactions in accordance with regulations for this Plan (s 5.7(2), (3)(e)). This creates potential concurrency with Federal environmental enforcement and reporting obligations.
Fisheries Regulations and other instruments. The Plan repeatedly defers to instruments under s 16 of the Act and to the Fisheries Management Regulations where offences and penalties are specified (s 1.3 notes; s 5.1(1)(a)(vi)). Enforcement actions under those instruments will mirror or supplement the Plan’s administrative controls.

Practical enforcement consequences for operators:

Operational interruptions. Emergency closures and season changes (ss 2.6-2.7) can immediately halt fishing activity, with criminal liability for non-compliance.
Economic restrictions via transfer block. Registration refusals for transfers and units on grounds of investigation, conviction or unpaid levies (ss 3.10(4), 4.7(6)) can freeze asset liquidity and constrain business continuity.
Monitoring and inspection risk. VMS/ALC, observers, logbooks and the PZJA’s right to access information (ss 5.2, 5.5, 5.6, 5.1(1)(g)) increase the probability of detection of breaches, heightening the compliance imperative.

The Plan therefore uses a mix of offence-based deterrents under the Act, administrative control over transfers and registration, and monitoring/reporting obligations to implement enforcement. Penalties in monetary or custodial terms remain those supplied by the Torres Strait Fisheries Act and Regulations; the Plan creates the set of obligations whose breach will trigger those statutory penalties.

The Management Plan explicitly cross-references and integrates with a number of statutory instruments and legal frameworks. The Plan does not stand alone; it operates as a Plan under the Torres Strait Fisheries Act 1984 and relies on the Act, Regulations, instruments under s 16, the Torres Strait Treaty, and national environmental law.

Principal legal relationships specified in the Plan:

Torres Strait Fisheries Act 1984. The Plan is made under powers conferred by the Act: it references licence-granting powers (s 19), Treaty endorsements (s 20), permits (s 12), the register (s 10), logbooks (s 14), instruments under s 16, and offences under ss 44 and 45 (see multiple cross-references; note after s 1.3). The Plan therefore implements and operationalises Act powers and relies on the Act for enforcement and offences.
Instruments under s 16 of the Act. The Plan repeatedly defers technical and operational rules to instruments made under s 16: prohibitions on species, size restrictions, gear and area restrictions, boat lengths, quota monitoring details, etc. (see ss 2.3, 2.4, 2.5, 5.1(1)(a)(vi), 6.1). These s 16 instruments will set detailed operational limits and carry the offence regime under the Act for contraventions.
Torres Strait Treaty. The Plan refers to Treaty obligations directly. It authorises Treaty endorsements for PNG licence holders and requires the PZJA to hold some units on behalf of Treaty endorsement holders and to determine the number as set out in article 23 of the Treaty (s 3.7(2)(b), (6); s 4.4). Objective 5 expressly aims for catch sharing with PNG (s 1.6 Objective 5; s 1.7 Objective 5 measures).
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Plan requires holders to avoid interactions with cetaceans and species listed under specified EPBC Act sections and to report interactions in accordance with regulations (s 5.7(2)-(3)). This creates complementary obligations under Commonwealth environmental law and may trigger separate reporting or permit requirements under the EPBC Act.
Torres Strait Fisheries Regulations 1985 and Fisheries Management Regulations. The Plan notes that the area of the fishery is described in Schedule 2 of the Torres Strait Fisheries Regulations 1985 and that the fishery is regulated by the Fisheries Management Regulations and Regulations under the Torres Strait Fisheries Act (s 1.5 notes, s 1.3 note). These Regulations provide technical details, boat marking and measurement requirements, and may set further offences and sanctions.
Queensland state measures. The Plan references recreational bag limits in the Queensland Coral Reef Finfish Management Plan and the Queensland Fisheries Regulations where holders without units for a quota species must not retain catch beyond recreational bag limits (s 5.8(1)(b)). The geographic Schedules also exclude any waters within Queensland limits in parts of the described polygon (Schedule 1 language). The Plan therefore intersects with state regulatory regimes for species possession limits and jurisdictional boundaries.
Federal Register of Legislative Instruments. The Plan’s commencement depends on registration on the Federal Register of Legislative Instruments (s 1.2). Publication obligations throughout (e.g. PZJA website notices, s 3.6) create administrative transparency beyond mere Gazette notices.

Consequences and practical interactions:

Parallel compliance obligations. Licence holders must comply with the Plan, s 16 instruments, the Torres Strait Fisheries Regulations, the Act and, where applicable, EPBC Act obligations (s 5.1(1)(a); s 5.7(2)). This creates overlapping compliance pathways and potential concurrent enforcement under fisheries and environmental law.
Treaty interface and cross-jurisdictional allocation. The Plan implements Treaty-related arrangements for PNG licence holders via Treaty endorsements and unit holdings on behalf of Treaty endorsement holders (s 4.4; s 3.7(2)(b), (6)). This may require coordination with Treaty processes and potentially diplomatic/administrative arrangements.
Data and monitoring standardisation. The Plan’s reliance on VMS, logbooks and quota monitoring systems will generate data that must be reconciled with PZJA reporting and any EPBC Act reporting obligations (ss 5.2-5.3, 5.6). This can require data sharing across Commonwealth agencies and state fisheries authorities.
Jurisdictional clarity and datum precedence. The Plan expressly resolves inconsistencies between Schedule 1 (AGD66) and Schedule 2 (GDA94) by giving primacy to AGD66 (s 1.5(2)-(4); Schedule 2 note). That reduces nautical or legal uncertainty where coordinate systems differ but places a clear rule for boundary disputes.
Administrative review versus judicial review. The Plan provides an internal reconsideration mechanism for specific PZJA decisions (s 6.3). External legal challenges or judicial review would sit outside the Plan and follow the Act and general administrative law principles; the Plan itself does not provide judicial remedies.

In sum, the Plan is nested within a hierarchy of fisheries, treaty and environmental instruments. Compliance requires attention to the Plan’s duties alongside s 16 instruments, the Torres Strait Fisheries Act and Regulations, Treaty provisions, EPBC Act obligations and relevant Queensland rules.

The Plan text supplied is the Torres Strait Finfish Fishery Management Plan 2013, dated 18 June 2013 and signed on behalf of the PJZA (front matter). The Plan states commencement is the day after registration on the Federal Register of Legislative Instruments (s 1.2). The Plan itself does not contain a list of subsequent amendments, amendment dates or amendment power clauses beyond the PZJA’s determinations within its parts. What the Plan does contain that is relevant to future change:

PZJA determinations. The Plan explicitly vests the PZJA with the power to make determinations that change TACs, TAEs, competitive designations, measures on fishing methods, size limits and species prohibitions, boat lengths and allocation of units (ss 2.3-2.5; ss 3.1-3.6; s 6.1). Those determinations function as the mechanisms for operational amendments to the fishery’s management without needing Plan amendment for each technical change.
Publication and consultation requirements with change. The Plan requires publication of TAC/TAE determinations on the PZJA website (s 3.6) and, where applicable, consultation with TSFMAC before certain determinations (s 3.1(5); s 3.3(5); s 2.7(3); s 3.7(4); s 4.6(3); s 6.1). This signals the intended process for iterative change and stakeholder involvement.
Transitional immunity for existing licences. Section 6.5 provides that TSFF licences in force immediately before commencement remain in force until their expiry date. That transitional clause is the Plan’s only explicit transitional amendment provision and preserves existing rights upon commencement.
Reconsideration route for affected persons. Section 6.3 provides that persons affected by certain PZJA decisions can request reconsideration within 28 days and the PZJA must reconsider within 60 days. That administrative mechanism can effect change in individual outcomes without Plan amendment.
Schedules and datum resolution. The Plan contains Schedules describing the fishery area and specifies precedence in case of inconsistency: Schedule 1 AGD66 controls; Schedule 2 GDA94/WGS84 is for convenience (s 1.5(2)-(4), Schedule 2 note). Any future change to coordinates or area would be implemented by replacing or amending Schedules and/or Regulations under the Act.

What the Plan does not provide in terms of amendment history:

The Plan text does not list prior versions, amendment dates, or a change log. There is no express power in the Plan text itself that limits or prescribes procedures for amending the Plan as a whole; rather amendments appear to be effected by the PZJA exercising its powers under the Act and by making determinations and instruments under s 16 of the Act. The front matter shows execution and date (18 June 2013 signed by the Minister), but no subsequent modifications are documented in the supplied instrument.
No schedule of repeals or transitional arrangements for broader changes beyond s 6.5 are included. The Plan leaves operational changes and most management variations to be implemented via PZJA determinations and s 16 instruments.

Implication for users tracking changes:

To determine subsequent amendments after 2013 one must consult the Federal Register of Legislative Instruments for registration history and the PZJA website for subsequent determinations, s 16 instruments and notices (the Plan itself mandates website publication for many determinations, e.g. s 3.6).
Because the Plan relies heavily on subordinate instruments and PZJA determinations, the substantive "amendments" likely appear as separate determinations, quota notices and s 16 instruments rather than consolidated Plan text amendments. Practitioners should therefore monitor the PZJA website, FRLI records and the Torres Strait Fisheries Regulations for updates to species prohibitions, size limits, TAC/TAE declarations, and vessel requirements.

In summary, the Plan as supplied is a 2013 instrument that establishes the framework and embeds within it multiple delegated authorities to the PZJA for ongoing change; the Plan itself contains one transitional clause preserving pre-existing licences until expiry (s 6.5) and places obligations on the PZJA to publish and consult when determining operational changes.

The Management Plan text provided does not record any litigation history. It contains internal administrative review rights and cross-references to offences under the Torres Strait Fisheries Act but does not cite cases, judicial decisions or prior litigation about the Plan.

What the Plan does contain relevant to dispute resolution and review:

Administrative reconsideration. A person affected by designated PZJA decisions (allocating units of fishing capacity, refusal to register a transfer, nomination of a boat) can request reconsideration by the PZJA within 28 days and the PZJA must reconsider within 60 days and notify in writing (s 6.3(1)-(5)). This is an internal remedy before any external review avenues.
Offences and enforcement under the Act. The Plan notes offences under ss 44 and 45 of the Torres Strait Fisheries Act 1984 for contravening an instrument made under s 16 or contravening a licence condition (note after s 1.3; s 5.1 note). Criminal or civil enforcement actions for such offences would be initiated under the Act and heard in appropriate courts or tribunals, but the Plan itself does not list any examples or outcomes.
Registration refusals as an administrative form of sanction. The Plan specifies circumstances where transfers or registrations must not be made (e.g., where a transferor or transferee is being investigated or convicted of a fisheries offence), which creates avenues for administrative disputes about facts (ss 3.10(4), 4.7(6)). Those refusals could lead to administrative appeals or judicial review claims, but the Plan is silent on subsequent external remedies beyond the reconsideration procedure for listed decisions.

Implication for practitioners seeking precedent or case law:

The Plan contains no in-built litigation record. To identify any judicial interpretation, challenge or enforcement litigation arising from this Plan one must search court and tribunal records, administrative law decisions, or PZJA/Fisheries enforcement case files. The Plan itself provides the basis for administrative decisions that can generate disputes but does not catalogue any outcomes.
Because the Plan interacts with the Torres Strait Fisheries Act, s 16 instruments and the EPBC Act, litigation may arise under those instruments as well. Any reported judicial reasoning relevant to interpreting Plan terms would appear in cases dealing with the Act and its subordinate instruments rather than in the Plan text.

In short, the Plan creates administrative and offence-based pathways that can spawn litigation, but the instrument as provided does not include a history of such litigation. For litigation history, practitioners must consult external legal databases, courts registries and the PZJA archive.

The Plan contains multiple provisions and drafting choices that create practical pitfalls for operators, rights-holders and advisers. The following are concrete operational "gotchas" drawn from the Plan text itself.

Datum and boundary precedence. Schedule 1 uses AGD66 and Schedule 2 uses GDA94/WGS84 for convenience. Where descriptions are inconsistent the AGD66 description in Schedule 1 prevails (s 1.5(2)-(4); Schedule 2 note). Practically, navigational systems and GIS outputs using WGS84 could misplot the legal boundary; the Plan instructs resolution in favour of AGD66. Operators should not assume GDA94 coordinates control boundary disputes.
Units count as whole when used in part. If a person uses part of a unit, the person is taken to have used a whole unit (s 2.1(8)). This can affect unit balance and quota accounting, and may create perverse incentives to coordinate usage to avoid "wasting" fractional units.
Permanent ownership limited to traditional inhabitants and groups; temporary exceptions narrow. Units and licences can only be permanently held by traditional inhabitants or groups (s 3.7(5); s 4.2(4); s 4.7(2)). Temporary transfers to non-traditional persons are only allowed if the transferee holds a sunset licence and the temporary transfer does not exceed the sunset licence term (s 3.10(2)). A sunset licence may only be granted to a group and if transferred cannot be transferred again (s 4.3(1)-(3); s 4.7(3)). These rules can significantly restrict liquidity and create complex structuring requirements for non-traditional operators who seek access.
Transfer registration can be refused for being investigated. Registration is discretionary: PZJA must not register a transfer if transferor or transferee is being investigated for a fisheries offence or has been convicted (s 3.10(4)(a); s 4.7(6)(b)). A pending investigation can thus block transfers pre-emptively, which creates strategic stakes in regulatory investigations.
Obligations extend to sales and supply chains. Licence holders may only sell to fish receiver licence holders or TSFF TPC licence holders (s 5.1(2)). That restricts marketing options and means processors must hold appropriate licences to receive product. Breaches would be licence condition offences (s 5.1 note).
TAC/TAE competitive allocations to groups may be exclusive. If a competitive TAC is allocated to a group, the units are held by the group and only persons represented by that group may fish up to the allocated TAC (s 3.2(3)-(4)). This can exclude independent licence-holders who are not members of the allocation group and create intra-community allocation disputes.
Dynamic discretion by PZJA. The Plan gives the PZJA broad powers to determine TACs/TAEs, competitive designation, number of units, number of mackerel/reef line entries, boat lengths and other matters (e.g. ss 3.1-3.7; s 4.6; s 6.1). Many of these are subject to consultation but not veto by stakeholders. This creates regulatory uncertainty for long-term investment decisions.
VMS and ALC obligations tie to operational timing. VMS carriage where implemented is mandatory and must be operational at all times; if VMS stops the PZJA must be informed as soon as practicable (s 5.6). The ALC is defined to transmit position and fishing activity details (s 1.3). Operators must budget for installation, upkeep and potential data costs.
Interaction reporting and carcass handling. Where a protected species is killed or injured, holders must either discharge carcass so as not to attract birds/mammals or retain carcasses if directed by the PZJA for scientific purposes (s 5.7(3)(d)). Retaining carcasses may create biosecurity or storage burdens; discharge must be done in a manner that meets the Plan’s prescribed constraints.
"If practicable" publication and notification. Many publication and notification obligations are qualified by "if practicable" (e.g. s 2.6(3), s 3.6). This creates potential uncertainty about actual notice to licence-holders in time-critical situations like emergency closures.
Cross-references to external instruments and state rules. The Plan repeatedly defers technical measures to s 16 instruments and references Queensland bag limits (s 5.8(1)(b)). Operators must track multiple instruments across Commonwealth and State regimes; ignorance of an applicable s 16 instrument is not a defence against s 45 offences.
"Being investigated" as a trigger. The Plan repeatedly uses the phrase "being investigated for a fisheries offence" as a disqualification condition for transfers and registration (s 3.10(4)(a); s 4.7(6)(b)). This phrasing is broader than conviction and can have immediate business consequences even before any formal charge is laid.
Units held on behalf of Treaty endorsement holders. The Plan permits the PZJA to hold units on behalf of Treaty endorsement holders and sets the number as per Treaty article 23 (s 3.7(2)(b), (6)). The mechanics of how units are administered on behalf of Treaty boats may create complexity in allocation and in calculating available unit values for domestic holders.

Operators and advisers should therefore map licence holdings, unit balances and transfer plans against these constraints, ensure timely recordkeeping and registration procedures, budget for monitoring and observer costs, and actively monitor PZJA determinations and s 16 instruments to avoid surprise enforcement or blocked transfers.

Compliance with the Plan requires a practical program combining licensing, monitoring, reporting, administrative diligence and legal eligibility checks. Below are operational steps grounded in the Plan’s provisions.

Establish entitlement and eligibility before fishing (s 2.1; Pt 4)

Confirm you hold the correct TSFF licence or Treaty endorsement with the relevant reef line or mackerel entry before any commercial fishing (s 2.1(1)-(4); s 2.2).
If fishing under a developmental or scientific permit, ensure the permit and the required TSFF licence or non-boat licence are in place (s 2.1(2)-(3); s 4.9).
For groups seeking TAC/TAE allocations, check whether competitive TAC/TAE applies and whether membership in an allocated group is required (s 3.2(3)-(5); s 3.4(3)-(5)).

Maintain licence and unit eligibility and formalities (ss 3.7-3.10; s 4.7)

If you hold units, ensure certificates are safe and notify the PZJA of transfers using the approved form; transfers are ineffective until registered (ss 3.8, 3.10(3), 3.10(6)).
Do not expect to permanently transfer licences or units to non-traditional persons; permanent transfers are limited to traditional inhabitants or groups (s 3.10(1); s 4.7(2)). Plan any temporary use by non-traditional operators via sunset licences (s 4.3; s 3.10(2)).
Pay prescribed fees for transfer applications and ensure all levies are paid, as unpaid levies can block registration (s 4.7(5); s 3.10(4)(b)).

Observe operational conditions and monitoring (Pt 5)

Keep and complete logbooks accurately in the form determined by the PZJA; ensure instructions for completion are followed (s 5.2).
If a TAC/TAE is in force, comply with quota monitoring system requirements and PZJA reporting notices (s 5.3). Monitor unit balances and catch against unit values (s 3.9).
Ensure VMS and ALC equipment is installed and operational at all times where VMS is in place; notify the PZJA immediately or as soon as practicable if VMS stops (s 5.6(1)-(3); s 1.3 definition of ALC).
If an observer programme is in place, comply with carriage, accommodation, safety and assistance requirements and do not obstruct observers (s 5.5(1)-(7)).
Keep the licence on board the primary boat or dinghy and ensure boats are marked and available for independent measurement as required (s 5.1(1)(h)-(i); s 4.8(3)-(4)).

Environmental and protected species obligations (s 5.7)

Train masters and crew to avoid interactions with cetaceans and species/communities listed under the EPBC Act (s 5.7(2)(a)(ii-iv)).
Record interactions in logbooks where required and immediately notify observers and provide assistance if an observer is on board (s 5.7(3)(a)-(b)).
If a protected species is injured, provide aid where practicable; if a protected species is killed, follow carcass discharge rules that avoid attracting other wildlife, or retain carcasses when directed by PZJA for scientific purposes (s 5.7(3)(c)-(d)). Ensure compliance with any prescribed reporting requirements (s 5.7(3)(e)).

Sales and by-product rules (s 5.1(2); s 5.8)

Only sell or dispose of finfish taken under a TSFF boat or non-boat licence to holders of a fish receiver licence or a TSFF TPC licence unless transporting pending delivery as permitted (s 5.1(2)). Verify buyer licencing.
If a TAC exists for a species and you do not hold units, do not retain amounts greater than recreational bag limits as set in the Queensland Coral Reef Finfish Management Plan and the Queensland Fisheries Regulations (s 5.8(1)(b)). Ensure possession limits set by s 16 instruments are followed (s 5.8(1)(a)).

Manage transfers and corporate governance risks (ss 3.10, 4.7)

Before initiating transfers, confirm neither transferor nor transferee is under investigation nor has outstanding levies, and that no licence suspension or condition prevents transfer (s 3.10(4); s 4.7(6)). Given "being investigated" can block transfer, consider pre-transfer legal checks.
For groups holding units, maintain records that identify persons represented by the group as required where competitive TAC/TAE allocations are made (s 3.2(5); s 3.4(5)).

Monitor PZJA determinations, s 16 instruments and PZJA website notices (ss 2.8, 3.6)

The Plan requires publication of key determinations on the PZJA website; monitor the website for TAC/TAE declarations, emergency prohibitions, size and species determinations and s 16 instruments (ss 2.8, 3.6; ss 2.3-2.5).
Note that some notification obligations are capped by "if practicable" language (e.g. s 2.6(3)); do not rely solely on individual email or mail notifications,monitor public publication.

Prepare for emergency closures and season variations (s 2.6-2.7)

The PZJA may change the fishing season or make emergency prohibitions; these can be made at short notice and are effective upon PZJA determination (s 2.6(2)-(3); s 2.7(1)-(4)). Keep contingency plans for business interruption, registration of perishable catch, and communication with crew.

Administrative review and dispute management (s 6.3)

If affected by an allocation decision, refusal to register a transfer or boat nomination, file a written reconsideration request within 28 days and prepare relevant evidence because the PZJA must reconsider within 60 days and notify in writing (s 6.3(2)-(4)).

Recordkeeping and evidence preservation

Maintain copies of licences, certificates of allocation, transfer documentation, logbooks, VMS data and observer reports. The Plan requires holders to give the PZJA reasonable access to biological, economic and technical information on request (s 5.1(1)(g)).

Checklist for advisers and compliance officers

Confirm licence type and entries (reef line/mackerel) before any fishing trip (s 2.2).
Verify unit balances when TAC/TAE are in force and apply unit-value formulae to convert units to kg or fishing days (s 3.9).
Confirm buyer credentials (fish receiver licence or TSFF TPC licence) before sale (s 5.1(2)).
Ensure VMS, logbook and observer compliance plans are operational and budgeted for (ss 5.2, 5.5, 5.6).
Check PZJA website and FRLI for current s 16 instruments, TAC/TAE, emergency notices and any PZJA determinations affecting your licence (s 3.6).
Before transfers, verify no investigations, convictions or unpaid levies will block registration (s 3.10(4); s 4.7(6)).

Taken together, complying with the Plan requires proactive licence management, operational readiness for monitoring and observers, careful adherence to sale and by-product rules, and continuous tracking of PZJA determinations and s 16 instruments.

Deep Dive

What it does

Current sections

Torres Strait Finfish Fishery Management Plan 2013

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 meta-generator: Aspose.Words for .NET 20.2 title: Table of Contents

Part 1 Preliminary

1.1 Name of Management Plan

1.2 Commencement

1.3 Interpretation

1.4 Fisheries offence

1.5 Area of the fishery

1.6 Objectives

1.7 Measures and performance criteria for the objectives

1.8 Reference points

1.9 Persons to whom this Plan applies

1.10 Persons to whom this Plan does not apply

Part 2 Fishing in the fishery

2.1 Who may fish in the fishery

2.2 What fish can be taken

2.3 Prohibited fish species

2.4 Fish restricted by size

2.5 Fishing methods

2.6 Fishing season

2.7 Prohibiting fishing

2.8 Consultation

Part 3 Units of Fishing Capacity

3.1 Determination of total allowable catch (TAC)

3.2 Competitive TAC

3.3 Determination of total allowable effort (TAE)

3.4 Competitive TAE

3.5 Change of TAC and TAE

3.6 Publication of TAC and TAE

3.7 Allocation of Units of Fishing Capacity

3.8 Certificate of allocation of Units of Fishing Capacity

3.9 Value of Units of Fishing Capacity

3.10 Transfer of Units of Fishing Capacity

Part 4 Licences

4.1 Grant of licences and endorsements

4.2 TSFF licences

4.3 Sunset licences

4.4 Treaty endorsements

4.5 Nomination of a boat

4.6 Entries for the finfish fishery (reef line and mackerel)

4.7 Transfer of licences

4.8 Primary and tender boats

4.9 Scientific or developmental Permits

4.10 Other PZJA powers under the Act

Part 5 Licence and endorsement conditions

5.1 Licence and endorsement conditions - general

5.2 Licence and endorsement conditions – Logbooks

5.3 Licence and endorsement conditions - quota monitoring system

5.4 Licence conditions – other obligations of licence and endorsement holders

5.5 Licence and endorsement conditions – observers

5.6 Licence and endorsement conditions - vessel monitoring system (VMS)

5.7 Licence and endorsement conditions - obligations relating to interactions with certain species and communities

5.8 Catch of by-product

5.9 Consultation

Part 6 Miscellaneous

6.1 Boat lengths

6.2 Register

6.3 Reconsideration of decisions

6.4 Shark finning

6.5 Transitional

SCHEDULE 1

SCHEDULE 2

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Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Part 1 Preliminary

1.1 Name of Management Plan

1.2 Commencement

1.3 Interpretation