Document ID: chunk:federal_register_of_legislation:F2017C00118:body:0:p9
Version: federal_register_of_legislation:F2017C00118
Segment Type: other
Provision Reference: 
Character Range: 24885–27946

species to determine their vulnerability to trawling.                Species biological parameters collected as part of observer and research programs.
Maintain and develop fishing gear designed to minimise impacts on the ecosystem.                                          Fishing gear, including turtle excluder devices (TED) and BRDs updated across the fishery as deemed necessary by the PZJA.

                                                                                                                          BRDs must be efficient in reducing bycatch while keeping levels of prawn loss within PZJA agreed limits. The acceptable levels of prawn loss are to be agreed upon by the TSPMAC within 12 months of the commencement of this Plan.
Support research on bycatch reduction and development of gear modifications to reduce bycatch.                            Research programs result in industry acceptance and uptake of more efficient BRDs.

    (2) PZJA and TSPMAC will, at least once every 5 years, assess the effectiveness of this Plan, including the measures taken to achieve these objectives, by reference to the performance criteria set out in subsection (1).
    (3) Each year, TSPMAC will assess the extent to which the performance criteria have been met in that year.
    (4) PZJA will include in its annual report for a financial year a statement of the extent to which the performance criteria were met in the year.
    (5) PZJA will develop a clear process and timeframe for determining the reason for failing to meet a performance criterion and implement appropriate management measures within specified timeframes.

1.7 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 species listed in Schedule 3;
         (b) carrying, or processing and carrying, commercially caught species listed in Schedule 3;
         (c) scientific or developmental research for species listed in Schedule 3.

1.8 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.

Part 2 Fishing in the fishery

2.1 Who may fish in the fishery
    (1) A person may fish commercially for prawn in the area of the fishery only if the person:
         (a) holds a TSPF master fisherman's licence; and
              (i) is fishing from an Australian boat nominated on a TSPF boat licence; and
              (ii) the holder of the TSPF boat licence holds unused units; or
         (b) is under the direction of a person mentioned in paragraph (a); or
         (c) is fishing from a PNG licensed boat that is owned by a person who holds:
         (i) a TSPF Treaty endorsement for that boat; and
         (ii) unused PNG units.
         [NOTE:  for endorsement of PNG licensed boats, see s.20 of the Act.]
    (2) A