Torres Strait Fisheries (Pearl Shell) Instrument 2020

The instrument uses a concise set of statutory concepts and cross-references to allocate rights and prohibitions. The core concepts are: pearl shell (species definition), pearl shell fishery (spatial definition), prohibition and exemption, size measurement, allowable methods, licensing and Treaty endorsements, and the PZJA Arrangement carve-out.

• Pearl shell: Defined as molluscs of the genera Pinctada and Pteria (s 4). Two species receive specific treatment in size and live/dead prohibitions: Pinctada maxima and Pinctada margaritifera (ss 6, 9).
• Pearl shell fishery: The spatial scope is the area prescribed in item 5 of the table in Schedule 2 to the Torres Strait Fisheries Regulations 1985; the instrument does not reproduce map coordinates but relies on that regulation for spatial delimitation (s 4 definition of pearl shell fishery).
• Prohibition and scope: The instrument imposes a prohibition on taking, processing or carrying pearl shell in the pearl shell fishery (s 6). The phrasing divides by species and state (live versus dead) with two subsections. Subsection 6(1) prohibits taking, processing or carrying of live Pinctada maxima or any other pearl shell species whether alive or dead; subsection 6(2) also prohibits dead Pinctada maxima. Read together, those provisions establish a prohibition that covers Pinctada maxima whether live or dead and other pearl shell species whether live or dead (s 6(1)-(2)).
• Exemptions: The instrument sets express exemptions under paragraph 16(1A)(d) of the Act (s 7). Qualifying categories include holders of licences under subsections 19(2) or 19(3) of the Act, with an additional sub-exemption for community fishers using boats not exceeding 6 metres in length, and holders of Queensland Fisheries Act 1994 licences entitling pearl shell farming (s 7(1)(a)-(b)). The instrument also provides for Treaty endorsements under sections 20 and 22 of the Act (s 8).
• Size controls: The instrument specifies size thresholds for taking pearl shell under subparagraph 16(1)(b)(ii) of the Act (s 9). For Pinctada maxima, length must not be less than 130 millimetres or greater than 230 millimetres; for Pinctada margaritifera, length must not be less than 90 millimetres (s 9(1)). Measurement is defined as across the shell overall from butt or hinge to the opposite edge of the lip, in the original form as fished (s 9(2)).
• Methods: The only lawful methods for taking pearl shell are diving or collecting by hand, with all other methods prohibited pursuant to paragraph 16(1)(c) of the Act (s 10(1)). This is an absolute method limitation within the pearl shell fishery, subject to the PZJA Arrangement carve-out for traditional fishing (s 10 Note).

Cross-references are operational. The instrument relies on the Authority’s power to exercise Ministerial powers under paragraph 35(1)(a) of the Act and records that it was made in accordance with a decision under section 40 of the Act (front matter). It links to the Regulations for spatial definition and to the PZJA Arrangement and Queensland statute for exemptions and traditional fishing treatment (s 4 notes and s 6, 9, 10 Notes). The instrument also repeals the earlier instrument expressly (Schedule 1).

The instrument affects a defined set of actors active in, or seeking access to, the pearl shell fishery as defined by the Regulations. The affected parties fall into several categories.

• Fishers and processors operating in the pearl shell fishery: All persons who would otherwise take, process or carry pearl shell within the pearl shell fishery are directly affected by the prohibitions (s 6). The prohibitions apply by species, state and size, so commercial and non-commercial actors who previously handled pearl shell must adjust behaviour or secure an exemption (ss 6, 9).
• Licensed holders under the Torres Strait Fisheries Act 1984: Persons who hold licences granted under subsections 19(2) or 19(3) of the Act are expressly exempted from the prohibition under certain conditions (s 7(1)(a)). The instrument therefore imposes on licence holders the functional right to take, process or carry pearl shell where their licence authorises it, subject to other instrument conditions such as size and method restrictions (ss 7, 9, 10).
• Community fishers using small boats: The exemption framework recognises community fishing, in that a licence-holder engaged in community fishing is only exempt where the person uses a boat not exceeding 6 metres in length (s 7(1)(a)(i)). This creates a specific boat-length condition that affects community-based fishers.
• Queensland pearl shell farmers: Holders of licences under the Queensland Fisheries Act 1994 that entitle the holder to engage in pearl shell farming are declared exempt (s 7(1)(b)). The instrument thus binds cross-jurisdictional actors to the federal instrument while recognising state farming entitlements in a limited way.
• Treaty-endorsed vessels and their operators: Boats for which a Treaty endorsement under section 20 of the Act is in force are able to take, carry or process pearl shell where those activities comply with PZJA-specified conditions attached to the Treaty endorsement under section 22 (s 8). Operators holding Treaty endorsements and acting in strict accordance with PZJA conditions are therefore authorised users within the prohibition regime.
• Traditional inhabitants engaged in traditional fishing: The instrument repeatedly notes that the prohibitions do not apply to traditional inhabitants engaged in traditional fishing because of the PZJA Arrangement (Notes to ss 6, 9, 10). The instrument therefore leaves customary activity outside its prohibitory ambit through the PZJA Arrangement mechanism described in s 4 and the Notes.
• Regulators and the Authority: The Protected Zone Joint Authority is the making authority and is recorded as exercising powers under s 16 of the Act (s 3). The Authority and agencies responsible for enforcement under the Act and the Regulations will be required to apply the instrument’s prohibitions, exemptions, measurement rules and method restrictions.

Who pays or bears burden: The immediate compliance cost falls on persons who would wish to harvest, process, transport or otherwise handle pearl shell within the pearl shell fishery. Those persons will need either a relevant federal licence under ss 19(2)/(3), a qualifying community-fishing small-boat status, a Queensland pearl shell farming licence, or a Treaty endorsement complying with PZJA conditions (ss 7-8). The instrument itself does not set licence fees or inspection costs; such costs would be incurred through the licensing and enforcement machinery the Act and Regulations supply. The instrument also imposes operational constraints on methods and size selection, which influence vessel operations, crew practices and post-harvest handling.

The instrument creates a set of specific duties and confers limited rights that flow from statutory exemptions and endorsements. The duties and rights are framed as prohibitions, exemptions, measurement obligations and method restrictions.

Duties (what persons must not do)

• Do not take, process or carry pearl shell in the pearl shell fishery except as authorised by an exemption or Treaty endorsement (s 6). The statutory anchor for these prohibitions is paragraph 16(1)(a) of the Act (s 6 heading and notes).
• Do not take pearl shell that is outside the prescribed size ranges for the relevant species (s 9(1)). For Pinctada maxima, taking is prohibited if the length is less than 130 millimetres or greater than 230 millimetres; for Pinctada margaritifera, taking is prohibited if the length is less than 90 millimetres (s 9(1)(a)-(b)).
• Measure pearl shell in its original form as fished, across the shell from butt or hinge to the opposite edge of the lip, and ensure measurements comply with the size specification before taking or retaining (s 9(2)). This measurement definition is the operative technical standard for compliance with size limits.
• Do not use methods other than diving or collecting by hand to take pearl shell in the pearl shell fishery (s 10(1)). Paragraph 16(1)(c) of the Act is the statutory source for this prohibition.
• For community fishers relying on the licence-holder exemption, use a boat not exceeding 6 metres if claiming the community-fishing small-boat exemption (s 7(1)(a)(i)).

Rights and authorisations (how to lawfully act)

• Holders of licences under subsections 19(2) or 19(3) of the Act that authorise taking, processing or carrying pearl shell are exempt from the prohibitions in subsection 6(1) (s 7(1)(a)). The instrument therefore rights licence-holders to continue specified activities to the extent their licence authorises them.
• Community fishers who are also licence-holders are afforded a limited right to operate if they use boats not exceeding 6 metres in length (s 7(1)(a)(i)). The instrument thereby creates a conditional entitlement for small-boat community fishers.
• Holders of Queensland pearl shell farming licences who are entitled to engage in pearl shell farming are exempt (s 7(1)(b)). This recognises a state-based entitlement as an operational right within the Commonwealth instrument’s scope.
• A person is exempt from subsection 6(1) if pearl shell is taken, carried or processed on a boat for which a Treaty endorsement under s 20 is in force and where those activities are conducted in accordance with PZJA-specified conditions attached to the Treaty endorsement under s 22 (s 8(1)(a)-(b)). Treaty endorsements therefore confer conditional rights on endorsed boats and their operators.

Decision-making and allocation of discretion

• The instrument itself does not set discretionary licensing criteria or conditions; it relies on licences granted under the Act and on PZJA-determined conditions attached to Treaty endorsements (s 7, s 8). The Authority made the instrument under s 16 and in accordance with a decision under s 40 of the Act, which indicates that the Authority’s internal decision process, as governed by the Act, provided authorisation for the instrument (front matter).
• The PZJA retains the power to specify conditions on Treaty endorsements under s 22 of the Act that determine whether the Treaty-endorsed exemption applies (s 8(1)(b)). The instrument therefore leaves a degree of rule-making and condition-setting to the PZJA process.

Absences and limits within the instrument

• The instrument does not provide administrative details of how licences under ss 19(2) or 19(3) are issued, nor the content of such licences. Practitioners must consult the Act and licensing instruments for licence terms and conditions. The instrument also does not specify penalties or enforcement procedures; those are matters under the Act and the Regulations (see ss 3, 6 Notes).
• The instrument does not include a map or coordinates for the pearl shell fishery but refers to the Regulations' Schedule 2 item 5 for the spatial definition (s 4). Compliance therefore requires cross-reference to the Regulations.

The instrument creates statutory prohibitions and exemptions, but it does not itself set explicit monetary fines or custodial penalties. Instead, it operates as a regulatory instrument made under section 16 of the Act and thus delegates enforcement and sanctioning to the regime established by the Act and the Torres Strait Fisheries Regulations 1985. The instrument therefore frames enforcement as follows.

• Prohibitions pursuant to the Act: The prohibitions in ss 6, 9 and 10 are expressly made pursuant to the specified paragraphs and subparagraphs of section 16 of the Act (s 6 heading and s 9 heading; s 10 heading). Any contravention of those prohibitions will be an offence or breach within the enforcement architecture of the Act and Regulations. The instrument itself does not state specific penalty amounts or enforcement procedures.
• Enforcement agencies and decision-makers: The instrument was made by the Protected Zone Joint Authority exercising powers under s 16 and in accordance with a decision under s 40 of the Act (front matter). While the instrument does not list enforcement agencies, the Authority’s role in making the instrument indicates it is the central policy decision-maker; operational enforcement powers and procedures are matters provided for in the Act and Regulations, which the instrument references (s 3, s 4 definitions).
• Treaty endorsement compliance: A boat with a Treaty endorsement under s 20 is only exempt from subsection 6(1) if the taking, carrying or processing of pearl shell is in accordance with conditions specified by the PZJA on the Treaty endorsement under s 22 (s 8(1)). Enforcement will therefore examine whether Treaty-endorsed activity complied with PZJA-prescribed conditions.
• Measurement disputes and seized product: The instrument provides a technical measurement rule for size compliance (s 9(2)). Enforcement officers and courts or decision-makers will use this measurement rule when assessing whether a taken shell is within the permissible size thresholds. The instrument does not provide administrative processes for measurement disputes or for retention or forfeiture of seized pearl shell.
• Commencement and publication: Notes to the instrument reference the mechanics of commencement under subsection 16(4) and subsection 16(9) of the Act, including that a prohibition comes into force on publication under subsection 16(9) or on a later specified day (s 2 Notes). The instrument records that the requirements of subsection 16(9) have been met prior to registration (s 2 Note 3). These procedural statements bear on the enforceability timing of the prohibitions.
• Gaps and practical enforcement obligations: Because the instrument does not set out penalty scales or procedural enforcement mechanisms, persons and regulators must look to the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 for offence definitions, penalties, infringement notices and enforcement powers. The instrument’s prohibitions will be operationalised by those provisions rather than by the instrument itself.

In short, enforcement is implied rather than specified in the instrument. The instrument creates offences by reference to the Act’s powers but leaves sanctions, detection, seizure, evidentiary procedures and adjudication to the existing statutory framework the instrument depends upon.

The instrument is tightly cross-referenced to several statutory and administrative instruments. Its legal operation depends on the Act, the Regulations, the PZJA Arrangement and a Queensland statute. The interactions are as follows.

• Torres Strait Fisheries Act 1984 (the Act): The instrument is made under s 16 of the Act and expressly cites multiple subsections of s 16 as the statutory heads of power for the prohibitions and exemptions (s 3; s 6 heading cites para 16(1)(a); s 9 heading cites subparagraph 16(1)(b)(ii); s 10 heading cites para 16(1)(c)). It also records that the Authority may exercise the Minister’s powers under paragraph 35(1)(a) in respect of a PZJA fishery and that the instrument was made in accordance with a decision under s 40 (s 3, front matter). The instrument therefore functions as a subordinate instrument within the Act’s rule-making architecture.
• Torres Strait Fisheries Regulations 1985 (the Regulations): Spatial scope and the term pearl shell fishery rely on the Regulations. The instrument defines pearl shell fishery by reference to the area prescribed in item 5 of the table in Schedule 2 to the Regulations (s 4). The Regulations thus supply the geographic coordinates and boundaries that determine where the instrument’s prohibitions and exemptions apply.
• PZJA Arrangement: The instrument recognises and preserves traditional inhabitant rights by reference to the "PZJA Arrangement" document titled “Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984” dated 17 March 1999 (s 4 definition; s 6 Note; s 9 Note; s 10 Note). The instrument repeatedly notes that its prohibitions do not apply to traditional inhabitants engaged in traditional fishing "due to the application of the PZJA Arrangement". The instrument thus operates in parallel with the PZJA Arrangement and defers to it for treatment of traditional fishing.
• Queensland Fisheries Act 1994: The instrument recognises state-issued pearl shell farming licences by exempting persons holding a licence under the Queensland Fisheries Act 1994 that entitles the holder to engage in pearl shell farming (s 7(1)(b); s 4 definition of Queensland Fisheries Act 1994). This creates a cross-jurisdictional accommodation for state farming entitlements within the Commonwealth instrument’s prohibition regime.
• Licensing provisions in the Act: The instrument explicitly references licences granted under subsections 19(2) and 19(3) of the Act as sources of exemption (s 7(1)(a)). The instrument therefore interacts with the Act’s licensing regime, although it does not reproduce the licensing criteria or conditions. Practitioners will need to consult the Act and any licensing instruments for the content and scope of such licences.
• Treaty endorsements under the Act: The instrument provides an exemption mechanism for boats with Treaty endorsements under s 20 and conditions specified under s 22 of the Act (s 8). The PZJA sets conditions on Treaty endorsements under s 22; the instrument therefore interacts with the Treaty-endorsement regime and delegates condition-setting to the PZJA process by making lawful only those Treaty-endorsement activities that meet PZJA conditions.
• Repeal of a prior instrument: Schedule 1 repeals Torres Strait Fisheries Management Instrument No. 7 (26/08/2011) (Schedule 1,Repeals). That repeal is an explicit interaction that replaces earlier regulatory settings with the current instrument’s terms.

Areas where the instrument is silent but interaction is implied

• Penalties, enforcement procedures and licensing processes: The instrument’s prohibitions and exemptions operate within the enforcement, penalty and licensing rules of the Act and Regulations. Because these are not set out in the instrument, effective compliance requires consulting those instruments and any licensing determinations, Treaty-endorsement conditions, or Queensland licence terms.
• Spatial application requires cross-reference: The pearl shell fishery area is defined in the Regulations rather than in the instrument itself. Users must therefore consult the Regulations’ Schedule 2 item 5 to determine whether particular waters fall within the instrument’s remit (s 4).

Overall, the instrument acts as a targeted subordinate instrument that modifies behaviour within a particular fishery by referencing and depending upon existing Commonwealth and state regulatory frameworks and an intergovernmental arrangement.

The instrument records a concise amendment history within its own text.

• Commencement and date: The instrument was dated 27 August 2020 and the table in section 2 states the whole instrument commenced on 30 December 2020 (ss 1, 2).
• Repeal of prior instrument: Schedule 1,Repeals sets out the repeal of Torres Strait Fisheries Management Instrument No. 7 (26/08/2011) F2011L01835, repealing the whole of that instrument (Schedule 1). The effect is to replace the 2011 instrument’s regulatory content on pearl shell with the 2020 instrument.
• No further amendments included: The instrument does not record any subsequent amendments after the commencement table that applies to the instrument as originally made (s 2 Note 1). There are no embedded amending provisions or later-dated variations contained within the text provided.
• Procedural notes on publication and commencement: The instrument includes a note explaining how prohibitions come into force under subsection 16(4) and subsection 16(9) of the Act, and it records that the requirements of subsection 16(9) have been met prior to registration (s 2 Notes 2-3). These notes document the procedural underpinning of the instrument’s enforceability.
• Authority and procedural basis: The front matter states the instrument is made by the Protected Zone Joint Authority under paragraph 35(1)(a) of the Act, in accordance with a decision of its members under section 40 of the Act. It is signed by a member on behalf of the Authority and dated, which records the internal decision process that authorised the instrument (front matter).

What is absent from the amendment record

• The instrument does not include any series of amendments, transitional provisions beyond commencement, or expiry clauses. It does not amend any other Commonwealth statutory provisions except by repeal of the earlier instrument in Schedule 1. Any later legislative or regulatory changes to the Act, the Regulations, the PZJA Arrangement or the Queensland Fisheries Act 1994 that affect operation of this instrument are not recorded here.

Practitioners should therefore treat this instrument as a stand-alone replacement of the 2011 instrument, commencing on 30 December 2020, and consult the underlying Act, Regulations and relevant PZJA documents for any subsequent modifications.

The instrument text supplied contains no record of litigation. It does not cite any court decisions, tribunal determinations, or legal challenges concerning its making, operation or interpretation. The instrument references statutory provisions for licences and Treaty endorsements (for example, ss 19(2), 19(3), 20 and 22 of the Act) but does not record any adjudications arising under those provisions. The repeal schedule also does not refer to litigation.

As a result, the source provides no litigation precedents, reported cases, or administrative appeals specific to this instrument. For matters concerning the validity, interpretation or enforcement of the instrument, the relevant dispute resolution and adjudicative pathways would be those established by the Torres Strait Fisheries Act 1984 and the applicable administrative or judicial review regimes, but the instrument itself does not specify those pathways or any history of their use. Any party seeking to understand enforcement outcomes, precedent on measurement disputes, Treaty endorsement conditions, or the interaction with the PZJA Arrangement will need to consult records external to the instrument such as court files, administrative decision records, or PZJA documents; those materials are not contained in the instrument text provided.

Because the instrument was made in accordance with a decision under section 40 of the Act and under the authority of paragraph 35(1)(a) (front matter), internal administrative processes and any associated internal review mechanisms under the Act may be relevant for challenges to the instrument’s exercise. The instrument does not describe or record any such proceedings or outcomes.

In short, the instrument’s text shows no litigation history, and it leaves the documentation of any enforcement-related disputes or judicial interpretation to the wider body of administrative and judicial records not included in this instrument.

This instrument contains a number of technical drafting features and cross-references that create compliance traps for practitioners if not carefully attended to. The following points are grounded in the instrument text and are practical issues to monitor.

• Species and live/dead drafting: The prohibitions’ language divides by species and by live/dead status in a non-redundant way. Subsection 6(1) prohibits the taking, processing or carrying of live Pinctada maxima or any other pearl shell species whether alive or dead; subsection 6(2) prohibits dead Pinctada maxima. Reading both subsections together, the practical effect is that Pinctada maxima is prohibited whether live or dead, and other pearl shell species are prohibited whether live or dead (ss 6(1)-(2)). Practitioners should not assume the instrument only bans live shells; both species categories are covered in different lines. Errors in reading these paragraphs could produce incorrect operational advice.
• Spatial scope is external to the instrument: The instrument defines the pearl shell fishery by reference to item 5 of Schedule 2 to the Regulations (s 4). The instrument does not include coordinates or a map. Compliance therefore requires consulting the Regulations to establish whether particular waters or movements fall within the pearl shell fishery.
• Licence exemptions reference external licence provisions: The exemption in s 7 refers to licences granted under subsections 19(2) or 19(3) of the Act. The instrument does not reproduce licence terms, conditions, or process, nor does it specify how licence conditions might interact with the instrument’s size and method rules. Practitioners must reconcile licence terms with this instrument and with any separate licence conditions.
• Community fishing small-boat exception is narrowly defined: The community-fishing exemption for licence-holders applies only where the person uses a boat not exceeding 6 metres in length (s 7(1)(a)(i)). This single numeric threshold creates a discrete compliance variable; boat length must be considered when advising community fishers.
• Queensland farming licence exemption is bounded: The instrument exempts holders of Queensland pearl shell farming licences that "entitle that person to engage in pearl shell farming" (s 7(1)(b)). It does not say that any licence-holder may transport or process pearl shell beyond activities authorised by the Queensland licence. Practitioners must examine the Queensland licence terms to determine the precise scope of activity that the Commonwealth instrument recognises.
• Treaty endorsements carry PZJA-specified conditions: A Treaty-endorsed boat is exempt only where taking, carrying or processing is "in accordance with conditions specified by the PZJA on the Treaty endorsement under section 22 of the Act" (s 8(1)(b)). That means the PZJA’s conditions, not just the existence of a Treaty endorsement, determine whether the exemption applies in a given instance. Advice must track those conditions.
• Measurement standard is the original, "as fished" form: The size measurement rule requires measuring "in its original form as fished" and across the shell from butt or hinge to the opposite edge of the lip (s 9(2)). Processing, trimming or alterations that occur after capture may affect measured length. Practitioners should flag that proof of measurement in enforcement contexts will turn on whether the shell has been altered post-capture.
• Method prohibition is comprehensive, subject to allowances: The instrument permits only diving or collecting by hand (s 10(1)). All other capture methods are prohibited. That single prohibition will affect vessel fit-out, gear decisions and crew training. For example, any use of mechanical dredges, traps or other devices would be outside the permitted methods unless expressly authorised elsewhere.
• Traditional fishing carve-out is via PZJA Arrangement rather than via the Act directly: The instrument states that the prohibitions do not apply to traditional inhabitants engaged in traditional fishing "due to the application of the PZJA Arrangement" (Notes to ss 6, 9, 10). Practitioners must therefore examine the PZJA Arrangement to understand the precise scope of the carve-out, rather than relying solely on the instrument text.
• No penalties or enforcement procedures in the instrument itself: The instrument creates prohibitions but does not set penalty scales, enforcement steps or evidentiary standards. Advice will therefore need to combine this instrument with the Act and Regulations to give a full compliance picture.
• Repeal of the 2011 instrument: Schedule 1 expressly repeals the previous management instrument (Schedule 1). If operators rely on legacy arrangements, they must verify whether prior entitlements or transitional provisions remain applicable; the instrument contains no transitional savings beyond repeal and commencement statements.

These are not speculative risks but direct consequences of the instrument’s drafting choices and cross-references. Practitioners should verify boat length, species identification, size measurement methodology, licence content, Treaty endorsement conditions and the Regulations’ spatial definition before concluding that a given activity is lawful.

Compliance requires aligning operational practice with the instrument’s species, spatial, size and method rules, and with the licensing and Treaty endorsement frameworks the instrument references. The steps below are practical, grounded in the instrument text and focused on operational actions.

1. Confirm spatial applicability

• Consult Schedule 2 item 5 of the Torres Strait Fisheries Regulations 1985 to confirm whether the waters in which you operate fall within the pearl shell fishery (s 4). The instrument’s prohibitions and exemptions apply only within that statutory area.

2. Confirm species and status

• Identify whether the molluscs targeted are within the genera Pinctada or Pteria (s 4 definition of pearl shell). Distinguish Pinctada maxima and Pinctada margaritifera for size and live/dead treatment (ss 6, 9).

3. Check whether an exemption or Treaty endorsement applies

• If seeking to take, process or carry pearl shell, determine whether you hold a relevant licence under subsections 19(2) or 19(3) of the Act that expressly authorises such activity (s 7(1)(a)). Confirm licence terms and whether any community-fishing small-boat condition applies: a licence-holder engaged in community fishing is only exempt where using a boat that does not exceed 6 metres (s 7(1)(a)(i)).
• If relying on a Queensland pearl shell farming licence, verify the Queensland licence’s terms to ensure it "entitles that person to engage in pearl shell farming" and confirm whether that activity is consistent with the Commonwealth instrument’s scope (s 7(1)(b)).
• If operating under a Treaty endorsement, ensure the boat has a Treaty endorsement under s 20 in force and that the activity is conducted strictly in accordance with the conditions the PZJA has specified for that endorsement under s 22 (s 8(1)(a)-(b)). Obtain a copy of the PZJA-specified conditions and ensure operations align with them.

4. Apply size measurement rules before retention or processing

• For Pinctada maxima, do not take shells smaller than 130 millimetres or larger than 230 millimetres (s 9(1)(a)).
• For Pinctada margaritifera, do not take shells smaller than 90 millimetres (s 9(1)(b)).
• Measure shells "in its original form as fished, across the shell overall from the butt or hinge to the opposite edge of the lip" and use that measurement to determine legality (s 9(2)). Set up on-board procedures and measurement tools to measure immediately after capture and prior to any processing that could alter dimensions.

5. Restrict methods to diving or collecting by hand

• Do not use capture methods other than diving or collecting by hand in the pearl shell fishery (s 10(1)). Ensure vessel equipment and crew procedures exclude non-permitted gear and are documented to demonstrate method compliance if inspected.

6. Recordkeeping and evidence

• Maintain records of licences, Treaty endorsements and PZJA conditions on board and available for inspection. Keep measurement logs, catch records and photographic evidence of size at capture in its "original form as fished" to meet the measurement rule’s evidentiary requirement (s 9(2)).

7. Community-fishing boat length compliance

• If claiming the small-boat community-fishing exemption, ensure the vessel’s documented length does not exceed 6 metres as measured under the vessel’s registration or certificate. Keep vessel documentation and certify boat length against the exemption requirement (s 7(1)(a)(i)).

8. Coordinate with Queensland farming licences

• If acting under a Queensland pearl shell farming licence, ensure movement, processing or carriage that would otherwise fall within the instrument’s prohibition is consistent with both the state licence’s permissions and any federal conditions that apply (s 7(1)(b)). Keep copies of Queensland licence documents on board.

9. Consult the PZJA Arrangement for traditional fishing

• Persons claiming rights as traditional inhabitants engaged in traditional fishing should consult the PZJA Arrangement, which the instrument identifies as the basis for non-application of the prohibitions to traditional fishing (s 4 definition; notes to ss 6, 9, 10). Keep documentation proving traditional fishing status where relevant.

10. Follow the licensing and enforcement framework outside the instrument

• Because the instrument does not set penalties or enforcement processes, hold an up-to-date understanding of the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 for detailed compliance obligations, offence definitions and penalty regimes. The instrument’s prohibitions are made pursuant to the Act and therefore enforcement will flow from the Act’s provisions (s 3, s 6 heading).

11. Monitor PZJA and Authority instrument updates

• The instrument was made by the Authority under s 16 in accordance with a s 40 decision (front matter). Operators should monitor Authority decisions, PZJA condition changes attached to Treaty endorsements and any amendments to the Regulations and Queensland licences that could affect the instrument’s practical operation.

These steps correspond to duties imposed and rights granted by the instrument. Practitioners should treat the instrument as a tightly integrated piece of subordinate legislation that requires cross-referencing to licences, Treaty endorsements, the Regulations’ spatial definitions and the PZJA Arrangement.