Fisheries Legislation Amendment Declaration (No. 2) 2021

1Short title

This declaration may be cited as the Fisheries Legislation Amendment Declaration (No. 2) 2021.

2Commencement

(1)Part 2, other than division 3, commences on 1 November 2021.

(2)Part 2, division 3 commences on 1 March 2022.

(3)Part 3 commences on 1 January 2022.

3Declaration amended

This part amends the Fisheries Declaration 2019.

4Amendment of s 86 (Using trawl nets in southern offshore trawl region A or southern offshore trawl region B)

Section 86, heading, from ‘in’—
omit, insert—

in regulated period generally

5Insertion of new s 86AA

After section 86—
insert—

86AA Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)845,266 or more effort units for the southern offshore trawl region A and the southern offshore trawl region B are used in the period from 1 November to 24 October; and

(b)on or before 25 October, the chief executive publishes a notice on the department’s website that 845,266 or more effort units for the southern offshore trawl region A and the southern offshore trawl region B have been used in the period from 1 November to 24 October.

(2)A person must not possess or use a trawl net in the southern offshore trawl region A or the southern offshore trawl region B in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on 31 October.

6Amendment of s 86A (Possessing or using trawl nets in southern inshore trawl region)

Section 86A, heading, from ‘in’—
omit, insert—

in regulated period generally

7Insertion of new s 86B and ch 2, pt 12, div 1B

After section 86A—
insert—

86B Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)167,625 or more effort units for the southern inshore trawl region are used in the period from 1 November to 24 October; and

(b)on or before 25 October, the chief executive publishes a notice on the department’s website that 167,625 or more effort units for the southern inshore trawl region have been used in the period from 1 November to 24 October.

(2)A person must not possess or use a trawl net in the southern inshore trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on 31 October.

Division 1B Moreton Bay trawl region

86C Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)179,357 or more effort units for the Moreton Bay trawl region are used in the period from 1 November to 24 October; and

(b)on or before 25 October, the chief executive publishes a notice on the department’s website that 179,357 or more effort units for the Moreton Bay trawl region have been used in the period from 1 November to 24 October.

(2)A person must not possess or use a trawl net in the Moreton Bay trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on 31 October.

8Replacement of s 92 (Possessing or using trawl nets to take fish under primary commercial fishing licences for the east coast trawl fishery in regulated period)

Section 92—
omit, insert—

92Possessing or using trawl nets under primary commercial fishing licences for east coast trawl fishery if total entitlements under all effort units used

(1)This section applies if, in the reef world heritage area, on a particular day (the base day) in a particular effort year (the base year), the following total entitlements under all effort units for all trawl regions are used—

(a)for the effort year starting at midday on 1 January 2021—2,060,586;

(b)for the effort year starting at midday on 1 January 2022—2,039,980;

(c)for the effort year starting at midday on 1 January 2023—2,019,580.

(2)A person must not in the reef world heritage area—

(a)possess or use a trawl net under a primary commercial fishing licence for the east coast trawl fishery in the regulated period; or

(b)possess a fish taken in a way that contravenes paragraph (a).

(3)For subsection (2), the regulated period starts on the day that is 5 days after the base day and ends at midday on 1 January in the year after the base year.

Example for subsection (3)—

If the total entitlement is used on a Monday, the regulated period starts on the next Saturday and ends at midday on 1 January in the next year.

Note—

See the Fisheries (Commercial Fisheries) Regulation 2019, section 72 for the requirement for the chief executive to give usage notices to holders of primary commercial fishing licences for the east coast trawl fishery about the usage of entitlements and section 73 for the holders’ obligations under usage notices.

9Amendment of sch 1 (Regulated waters)

(1)Schedule 1, part 2, entries for southern offshore trawl region B and southern offshore trawl region A, column 3, ‘section 86’—
omit, insert—

chapter 2, part 12, division 1

(2)Schedule 1, part 2, after entry for Southern Moreton Bay (including The Broadwater)—
insert—

Moreton Bay trawl region

waters within the Moreton Bay trawl region

section 86C

(3)Schedule 1, part 2, entry for southern inshore trawl region, column 3, ‘section 86A’—
omit, insert—

chapter 2, part 12, division 1A

10Insertion of new ch 2, pt 12, divs 1C and 1D

Chapter 2, part 12—
insert—

Division 1C Central trawl region

86D Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)500,711 or more effort units for the central trawl region are used in the period from 1 March to 21 February; and

(b)on or before 22 February, the chief executive publishes a notice on the department’s website that 500,711 or more effort units for the central trawl region have been used in the period from 1 March to 21 February.

(2)A person must not possess or use a trawl net in the central trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on the last day of February.

Division 1D Northern trawl region

86E Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)418,657 or more effort units for the northern trawl region are used in the period from 1 March to 21 February; and

(b)on or before 22 February, the chief executive publishes a notice on the department’s website that 418,657 or more effort units for the northern trawl region have been used in the period from 1 March to 21 February.

(2)A person must not possess or use a trawl net in the northern trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on the last day of February.

11Amendment of sch 1 (Regulated waters)

(1)Schedule 1, part 2, after entry for Yeppoon scallop replenishment area A—
insert—

central trawl region

waters within the central trawl region

section 86D

(2)Schedule 1, part 2, after entry for Dunk Island—
insert—

northern trawl region

waters within the northern trawl region

section 86E

12Declaration amended

This part amends the Fisheries Quota Declaration 2019.

13Amendment of sch 1 (Total quota entitlements)

Schedule 1, part 4, entry for commercial trawl fishery (fin fish), entry for prescribed whiting, column 2, ‘1,192t’—
omit, insert—

1,281t