Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2016


Queensland Crest

1Short title

This plan may be cited as the Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2016 .

2Commencement

This plan commences on 15 July 2016.

3Plan amended

This plan amends the Fisheries (East Coast Trawl) Management Plan 2010 .

4Amendment of s 49 (Scallop square mesh cod end)

Section 49(2)(b)(ii)— omit, insert
(ii)1500mm long.

5Amendment of s 61 (Compliance with TED use condition)

Section 61(2)(b), ‘section 62C’— omit, insert
section 62A

6Insertion of new s 109B

Chapter 4, part 1, division 2, subdivision 1— insert

109B Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

7Insertion of new ch 4, pt 1, div 3

Chapter 4, part 1— insert

Division 3 Prohibited activity

112A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

8Insertion of new s 121B

Chapter 4, part 2, division 2, subdivision 1— insert

121B Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

9Insertion of new ch 4, pt 2, div 3

Chapter 4, part 2— insert

Division 3 Prohibited activity

124A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

10Insertion of new s 133B

Chapter 4, part 3, division 2, subdivision 1— insert

133B Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

11Insertion of new ch 4, pt 3, div 3

Chapter 4, part 3— insert

Division 3 Prohibited activity

136A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

12Insertion of new s 143A

Chapter 4, part 4, division 2, subdivision 1— insert

143A Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

13Insertion of new ch 4, pt 4, div 3

Chapter 4, part 4— insert

Division 3 Prohibited activity

146A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

14Insertion of new s 153A

Chapter 4, part 5, division 2, subdivision 1— insert

153A Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

15Insertion of new ch 4, pt 5, div 3

Chapter 4, part 5— insert

Division 3 Prohibited activity

156A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

16Insertion of new s 163A

Chapter 4, part 6, division 2, subdivision 1— insert

163A Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

17Insertion of new ch 4, pt 6, div 3

Chapter 4, part 6— insert

Division 3 Prohibited activity

165A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

18Insertion of new s 172A

Chapter 4, part 7, division 2, subdivision 1— insert

172A Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

19Insertion of new ch 4, pt 7, div 3

Chapter 4, part 7— insert

Division 3 Prohibited activity

175A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

20Insertion of new s 182A

Chapter 4, part 8, division 2, subdivision 1— insert

182A Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

21Insertion of new ch 4, pt 8, div 3

Chapter 4, part 8— insert

Division 3 Prohibited activity

185A Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

22Amendment of s 187 (Restrictions on processing scallops on commercial fishing boat)

(1)Section 187— number as section 187(2).
(2)Section 187— insert
(1)This section applies to the extent that processing a scallop involves more than sorting the scallop or removing half of the shell of the scallop.