This instrument is the Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2023.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	On the day after this instrument is registered

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under section 14 of the Act.

Note: The Authority may exercise the powers of the Minister under section 14 of the Act in respect of a Protected Zone Joint Authority fishery: see paragraph 35(1)(a) of the Act.

4 Cessation

This instrument ceases to have effect on 31 August 2026 unless earlier revoked.

Note: The duration of the application of the form of a logbook determined shall not be longer than 3 years, see Regulation 11(5).

5 Definitions

Note: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:

(a) boat;

(b) commercial fishing;

(d) fish;

(e) traditional inhabitant.

In this instrument:

Act means the Torres Strait Fisheries Act 1984.

AFMA has the meaning given by subsection 4(1) of the Fisheries Management Act 1991.

Authority means the Protected Zone Joint Authority.

bêche-de-mer means fish of the families Holothuriidae and Stichopodidae.

bêche-de-mer fishery means the area of the bêche-de-mer fishery prescribed in item 1 of the table in Schedule 2 to the Regulations.

e-log means a logbook kept in electronic form which has the form and content of an electronic schema.

electronic schema has the meaning given by subsection 7(1).

finfish means fish of the superclass Pisces other than:

(a) mackerel; and

(b) tuna (Thunnus spp.); and

(d) fish of the family Bramidae (known as pomfrets); and

(e) fish of the families Istiophoridae and Xiphiidae (known as billfish).

finfish fishery means the area of the finfish fishery prescribed in item 4 of the table in Schedule 2 to the Regulations.

HC01 Logbook means the Hand Collection Daily Fishing Log HC01 and Hand Collection Catch Disposal Record HC02, as published in the Commonwealth of Australia Gazette No. GN 23, Wednesday, 15 June 2011 pages 1288 – 1301 inclusive.

logbook means the HC01 Logbook, the NP16 Logbook, the TRL04 Logbook and the TSF01 Logbook and includes an e-log.

licensed boat means a boat in which a licence issued under section 19 of the Act is in force.

mackerel means species of fish that are:

(a) grey mackerel (Scomberomorus semifasciatus); and

(b) school mackerel (Scomberomorus queenslandicus); and

(d) Spanish mackerel (Scomberomorous commerson); and

(e) spotted mackerel (Scomberomorus munroi)

mackerel fishery means the area of the Spanish mackerel fishery prescribed in item 7 of the table in Schedule 2 to the Regulations.

NP16 Logbook means the Northern and Torres Strait Prawn Fisheries Daily Fishing Log NP16 published in the Gazette No. GN 23, Wednesday, 15 June 2011 pages 1312 – 1327 inclusive.

pearl shell means fish of the genus Pinctada and Pteria.

pearl shell fishery means the area of the pearl shell fishery prescribed in item 5 of the table in Schedule 2 to the Regulations.

prawn has the same meaning given by section 1.3 of the Torres Strait Prawn Fishery Management Plan 2009

prawn fishery means the area of the prawn fishery prescribed in item 6 of the table in Schedule 2 to the Regulations.

Regulations means the Torres Strait Fisheries Regulations 1985.

TRL04 Logbook means the Torres Strait Tropical Rock Lobster Daily Fishing Log TRL04 published in the Gazette No. C2015G00269.

tropical rock lobster means fish of the species Panulirus spp.

tropical rock lobster fishery means the area of the tropical rock lobster fishery prescribed in item 9 of the table in Schedule 2 to the Regulations.

TSF01 Logbook means the Torres Strait Finfish Daily Fishing Log TSF01 published in the Gazette No. C2015G00269.

6 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

7 E-logs and electronic schema

(1) If a logbook is kept and maintained in electronic form (e-log) in accordance with this instrument, it must have a particular form and content (the electronic schema).

(2) The electronic schema for the purposes of this instrument are listed in clause 2 of Schedule 2 to this instrument.

(3) The content required to be kept and maintained for an electronic schema is prescribed in Schedule 2 to this instrument.

(4) In Schedule 2, subject to contrary intention:

(a) length is to be recorded in metres;

(b) depth is to be recorded in metres;

(d) weight is to be recorded in kilograms;

(e) time is to be recorded in hours;

(f) latitude and longitude is to be recorded in decimal degrees.

(5) Where a person is required to keep and maintain an e-log in an electronic schema, it must be furnished to AFMA in a form that complies with detailed specifications available on the PZJA website.

8 Application

This instrument does not apply to a person who is a traditional inhabitant engaged in community fishing.

9 Master required to keep and maintain a logbook and furnish information to AFMA

(1) This section applies to the master of a boat:

(a) in respect of which a licence under section 19 of the Act or an endorsement under section 20 of the Act is in force (licensed boat); and

(b) that is being used to take fish in the Protected Zone Joint Authority fishery in the course of commercial fishing with the use of the licensed boat.

(2) In accordance with subsection 14(1) of the Act, a master must keep and maintain a logbook in the form of:

(a) the HC01 Logbook if the master is using the licensed boat to take bêche-de-mer in the bêche-de-mer fishery;

(b) the HC01 Logbook if the master is using the licensed boat to take pearl shell in the pearl shell fishery;

an e-log that meets the requirements of the electronic schema ADC EPRAWN;

if the master is using the licensed boat to take prawns in the prawn fishery;

(d) the TRL04 Logbook if the master is using the licensed boat to take tropical rock lobster in the tropical rock lobster fishery;

(e) the TSF01 Logbook if the master is using the licensed boat to take finfish or mackerel in the area of the finfish and mackerel fishery.

(3) In meeting the requirements of subsection (2), the master must:

(a) provide all information required relating to the taking, disposal or sale of fish by the logbook; and

(b) secure the logbook; and

in accordance with the instructions provided in the relevant logbook.

(4) A master is required to provide information in the logbook for each calendar day upon which commercial fishing activities occur.

(5) A master is required to furnish information kept and maintained in accordance with section 9(2) to AFMA in the manner prescribed by section 10 of this instrument.

Note 1: Failure to provide information as required by this instrument is a strict liability offence: see subsections 14(12) and (12A) of the Act.

Note 2: Regulations may be prescribed for the purpose of section 54B of the Act that provide for an infringement notice scheme for alleged offences against section 14 or Division 2 of Part VI of the Act.

10 Manner of furnishing information to AFMA

(1) Information in the form of a logbook (other than an e-log) required to be furnished to AFMA under section 9 must be furnished in one of the following manners:

(a) sent by email to:

licensing@afma.gov.au

(b) sent by post to:

Australian Fisheries Management Authority

PO Box 376

Thursday Island QLD 4875

Australian Fisheries Management Authority

PO Box 7051

Canberra BC ACT 2610

(d) submitted in person to:

Australian Fisheries Management Authority

Pearls Building

38 Victoria Parade

Thursday Island QLD 4875

The Logbook must be furnished in accordance with subsection (1) in the time period specific within the instructions of the logbook.

(2) The holder must furnish any e-log kept and maintained under section 9 to AFMA before the boat docks at the end of each trip, or when rendezvousing with a mothership, whichever is sooner.

Schedule 1 – Repeals

the Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2020

1 The whole of the instrument

This Determination repeals the whole instrument.

Schedule 2 – Content of e-logs

1 Content required for all electronic schema

For the purpose of sub-section 7(3), all electronic schema must contain the following content described in column 1 of the table.

Item	Column 1 Content required to be kept and maintained
1	For each trip: 1. vendor name; 2. application name; 3. application version; 4. concession holder identification; 5. start date and time of trip; 6. the port departed from; 7. end date and time of trip; and 8. the destination port.
	While at sea for longer than 24 hours, with respect to any day(s) during which no fishing occurs: 1. the non-fishing period activity identification number; 2. the reason for not fishing; 3. the date and time that the non-fishing period started; and 4. the date and time that the non-fishing period ended.
2	For each fishing activity undertaken during a trip: 1. the trip activity number; 2. for each shot during a trip: a) the shot number (starting at 1 and continuing in sequence for each trip); b) the fishing method used; c) the type of fishing being undertaken (either for commercial or research purposes); d) the species of fish being targeted before setting gear; and e) the type(s) of mitigation measures used to reduce interaction with protected species. 3. for any non-fishing activity: a) the fishery; b) the date and time that the activity started; c) the date and time that the activity ended; and d) the reason for not fishing. 4. if an observer was on board: a) the observer trip identification; b) the date and time that the observer came onto the boat; and c) the date and time that the observer left the boat. 5. for any listed marine species and threatened species interactions: a) the species of animal; b) the date and time the interaction occurred; c) the latitude of the position of the boat when the interaction occurred; d) the longitude of the position of the boat when the interaction occurred; e) the activity being undertaken at the time the interaction occurred; f) the total number of interactions with animals of the same species interacted with within the same date, time and location; g) if the interaction occurred during a shot, the shot number; h) the life status of the animal, or animals, interacted with; i) the number of individual animals, of the same species and life status, interacted with during the same interaction event; j) to the extent possible in the circumstances, if the animal has a band or tag record, the details of the record including any numbers or colours; and k) any further information considered by the holder of the fishing concession to be relevant.

2. Content required for specific digital logbook

For the purpose of sub-section 7(3), the electronic schema in an item in column 1 must have the content prescribed in column 2.

Item

Column 1

Electronic schema

Column 2

Content required to be kept and maintained

ADC EPRAWN

1. For each prawn trawl shot during the trip:

a) the date and time at the start of the shot;

b) the type of net being used;

c) the number of nets towed;

d) the average bottom depth;

e) the average temperature at the average bottom depth;

f) the fishing ground in which the prawn trawl shot occurred;

g) the number of hours spent trawling in each 24-hour period;

h) the number of hours spent searching in each 24-hour period;

i) the number of shots completed in each 24-hour period;

j) the latitude for the location where the most fish were caught;

k) the longitude for the location where the most fish were caught;

l) if undertaking research, a description of the research being undertaken;

m) the sea surface temperature of the shot;

n) the length of head rope; and

o) any further information considered by the holder of the fishing concession to be relevant.

2. The species name for all fish retained, and all prawns discarded.

3. For fish caught and retained:

a) the estimated processed weight of retained fish for each species;

b) the number of fish, if any, retained;

c) the form code; and

d) the grade for fish, expressed as a count per pound.

4. For prawns caught and discarded:

a) the reason for discarding the fish;

b) the estimated total weight of all discarded species;

c) the number of finfish (if any) discarded;

d) the life status of the catch;

e) the sex of the catch;

f) the type of container being used;

g) the size of containers being used;

h) the number of containers;

i) the life status of the fish; and

j) the sex of the fish.