Fisheries Regulation 2008


Queensland Crest
Fisheries Regulation 2008

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This regulation may be cited as the Fisheries Regulation 2008.

2Commencement

This regulation commences on 1 April 2008.

Part 2 Interpretation

Division 1 Relationship with East Coast Trawl Plan

div hdg amd 2015 SL No. 12 s 5

3Regulation to be read with East Coast Trawl Plan

For taking particular fish in, or possessing or using particular fish taken in, the east coast trawl fishery area, this regulation must be read together with the East Coast Trawl Plan.

Note—

See the East Coast Trawl Plan, section 6(1) and (2).

s 3 amd 2010 SL No. 35 s 5 sch 1; 2011 SL No. 236 s 2 sch

sub 2015 SL No. 12 s 6

Division 2 Definitions

4Dictionary

The dictionary in schedule 11 defines particular words used in this regulation.

Division 3 Scientific names for fish

5Definition for div 3

In this division—
species includes another taxonomic grouping.

6Scientific names for species of fish

(1)The scientific name for a species of fish mentioned in schedule 5, column 1 is the scientific name stated opposite the species of fish in schedule 5, column 2.
(2)The scientific name for a species of fish mentioned in schedule 6, column 1 is the scientific name stated opposite the species of fish in schedule 6, column 2.
(3)Without limiting subsection (1) or (2), the scientific name for a species of fish mentioned in this regulation or a management plan follows the scientific name for the species of the fish stated in a document mentioned in schedule 7 (a prescribed reference document).

s 6 amd 2008 SL No. 156 s 3

7Alternative scientific names in prescribed reference documents

(1)Subsection (2) applies if, for a species of fish mentioned in this regulation or a management plan, there are alternative scientific names mentioned in more than 1 prescribed reference document under schedule 7.
(2)The scientific name for the species follows the scientific name mentioned in the prescribed reference document with the lowest item number under schedule 7.
(3)This section does not limit section 6.
(4)In this section—
alternative, to a scientific name, includes a variation of the name.

s 7 amd 2010 SL No. 164 s 27

8Inconsistency between prescribed reference and scheduled names

(1)This section applies if—
(a)in a document, other than a prescribed reference document, a species of fish is referred to by the scientific name for the species stated in a prescribed reference document (the prescribed reference name); and
(b)the prescribed reference name is not consistent with the scientific name for the species stated in schedule 5 or 6 (the scheduled name).
(2)The reference to the prescribed reference name may, if the context permits, be taken to be a reference to the scheduled name.

Division 4 Matters relating to fisheries declarations

9References to regulated waters by name or description

A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under schedule 1.

10Regulated period for prohibited or restricted activities in regulated waters

(1)This section applies if a regulated waters declaration states a particular period (a regulated period) in which an activity is prohibited or restricted in particular regulated waters.
(2)The activity is prohibited or restricted in the waters under the declaration only in the regulated period.

11Activity prohibited or restricted at all times if no regulated period stated

(1)This section applies if—
(a)an activity is prohibited or restricted in particular regulated waters under a regulated waters declaration; and
(b)neither this regulation nor a management plan provides for a particular regulated period in which the activity is prohibited or restricted in the waters.
(2)To remove any doubt, it is declared that the activity is prohibited or restricted in the waters at all times.

12References to taking a particular quantity of fish

For a fisheries declaration, a person takes a particular quantity of fish only if, at any given time, the person possesses that quantity of fish that the person has taken.

Division 5 Matters relating to authorities and commercial fisheries

13References to an authority includes its conditions

A reference to an authority includes a reference to its conditions.

14References to activities carried out under an authority

A person carries out an activity under an authority only if—
(a)the authority, or a provision of this regulation or a management plan about that type of authority, authorises the person to carry out the activity; and
(b)the person carries out the activity in accordance with that authorisation.

Note—

See also section 208 (Authorisations subject to regulation, management plans and authorities).

15Who is a commercial fisher

(1)Generally, a commercial fisher is anyone who holds a commercial fisher licence.
(2)However, in a fishery provision about a commercial fishery in chapters 7 to 11, a reference to a commercial fisher is a reference to a commercial fisher acting under the commercial fishing boat licence on which is written a fishery symbol for the fishery.

s 15 amd 2016 SL No. 193 s 3

15AWhat is a commercial fishery

(1)Generally, a commercial fishery is a fishery provided for under chapters 7 to 11 or a management plan.
(2)A reference to a commercial fishery includes a reference to the authorisations and conditions stated in a fishery provision about the fishery.
(3)A reference to doing a thing in a commercial fishery includes a reference to doing the thing under the authorisations and conditions stated in a fishery provision about the fishery.

s 15A ins 2008 SL No. 448 s 4

amd 2010 SL No. 164 s 28

16References to the licence in a fishery provision

In a fishery provision about a commercial fishery, a reference to the licence is a reference to a licence on which is written a fishery symbol for the fishery.

Division 6 Working out boundaries of areas

17References to latitudes and longitudes

(1)Subject to subsection (2), the latitudes and longitudes used to describe the boundary of an area are worked out using GDA 94.
(2)The latitudes and longitudes used to describe the boundary of an area shown on a fish habitat area plan mentioned in schedule 3 are worked out using AGD 84.
(3)In this section—
AGD 84 means the Australian Geodetic Datum 1984, commonly called ‘AGD 84’, defined in the technical report by Allman, JS and Veenstra, C titled ‘Geodetic Model of Australia 1982’, Technical Report 33, published in 1984 by the Commonwealth Department of Resources and Energy, Division of National Mapping.

Editor’s note—

The report may be inspected, during office hours on business days, at the southern regional office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered. On the notification day that office was at the Landcentre, corner of Vulture and Main Streets, Woolloongabba.
GDA 94 means the Geocentric Datum of Australia 1994, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.

s 17 amd 2010 SL No. 164 s 29

18References to boundaries, lines, shores and other points

Unless otherwise provided, the following apply—
(a)a boundary or line along a shore follows high water mark;
(b)a boundary or line along a shore intersected by a waterway crosses the waterway by the shortest line between its banks;
(c)other boundaries and lines run from point to point in a straight line;
(d)a reference to a shore is a reference to the shore at high water mark;
(e)a reference to a point or to the tip of an island or other geographical feature, is a reference to the point or tip on the shore at high water mark.

19References to waterways

Unless otherwise provided, a reference to a waterway is a reference to all of the following—
(a)the waterway upstream of the shortest line between its banks at their junction, at low water, with the body of water into which the waterway finally flows;
(b)the foreshores of the waterway.

20References to banks of waterways

Unless otherwise provided, a reference to a bank of a waterway is a reference to the bank at its junction, at high water, with the body of water into which it finally flows.

Division 7 Other general provisions aiding interpretation

21References to aids to navigation

A reference to a beacon, buoy, lead, light or marine mark is a reference to an aid to navigation under the Transport Operations (Marine Safety) Act 1994, section 104.

22References to distances between nets

A reference to a distance between nets is a reference to—
(a)for nets in a waterway—the distance between the nets measured along the centre line of the waterway; and
(b)for nets on a foreshore—the distance between the nets measured along the shore.

23References to drops and number of meshes

(1)A reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut.
(2)A reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net.

24References to periods of days or months

(1)This section applies if a provision of this regulation or a management plan states a period that—
(a)starts on a day or in a month (the first mentioned day or month); and
(b)ends on a day or in a month (the second mentioned day or month).
(2)The period is taken to start at the beginning of the first mentioned day or month and end at the end of the second mentioned day or month.

Example—

A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.

25References to times

(1)This section applies if a provision states a period that starts at a time (the first mentioned time) and ends at another time (the second mentioned time).
(2)The period is taken to start at the first mentioned time and end at the second mentioned time whether the second mentioned time is on the same, or a different, day, week, month or year.

Examples—

A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November and ending at midday on 1 February.
A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the next day.
A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time within the stated days starting at 3p.m. on a particular day and ending at 5a.m. on the next day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.

Chapter 2 Regulated waters declarations

Part 1 Preliminary

26Operation of ch 2

(1)This chapter provides for particular regulated waters declarations under sections 37(5) and 42 of the Act.

Note—

The East Coast Trawl Plan also provides for particular regulated waters declarations.
(2)Particular waters are—
(a)declared to be regulated waters under part 2; and
(b)regulated in the way stated under parts 3 to 12.
(3)Part 13 provides generally for exceptions to regulated waters declarations under this chapter or a management plan.

Part 2 Declaration of regulated waters

27Particular waters declared as regulated waters

(1)Each of the waters described in schedule 1, column 2—
(a)is declared to be regulated waters, subject to section 28; and
(b)has the name set out opposite it in column 1 of the schedule.
(2)The waters described in schedule 1, part 1 are named by reference to particular fish, the taking or possession of which is regulated in the waters.
(3)The waters described in schedule 1, part 2 are—
(a)named by reference to their location; and
(b)listed in approximate order of their location going from south to north.

Notes—

1To help users of this regulation, indicative plans of particular regulated waters are available for inspection on the department’s website.
2The indicative plans are not applied, adopted or incorporated by this regulation or any management plan.

28Particular regulated waters shown on fisheries regulated waters plans

(1)Subject to section 29, if a plan number for a fisheries regulated waters plan is stated in schedule 1, column 2, the waters shown on the plan as regulated waters are declared to be regulated waters.

Note—

Each fisheries regulated waters plan is identified by the prefix ‘FRW’ followed by the plan number. For example, ‘FRW-303’.
(2)Fisheries regulated waters plans are held by the chief executive and copies of the plans may be inspected, free of charge, during office hours on business days at the department’s head office.

Editor’s note—

On the notification day copies of the plans were available for inspection on the department’s website.

29Boundaries of regulated waters on fisheries regulated waters plans

(1)If a fisheries regulated waters plan shows that particular waters (excluded waters) are excluded from the regulated waters shown on the plan, the excluded waters are not regulated waters.
(2)Subject to subsection (3), a line in relation to a boundary of regulated waters on a fisheries regulated waters plan shows what forms the boundary of the regulated waters.
(3)If a regulated waters plan shows a boundary of regulated waters by reference to a geographical feature or fixed structure—
(a)the boundary of the regulated waters is decided by reference to the feature or structure; and
(b)to the extent the boundary is decided by reference to the feature or structure, a line in relation to the boundary shown on the plan is only indicative of the current position of the boundary.

Example—

Regulated waters are shown on a fisheries regulated waters plan by reference to a shore line. Rough weather alters the location of parts of the shore line. The boundary of the regulated waters is decided by reference to the shore line as altered, despite any inconsistency with the location of the shore line as shown on the plan.
(4)If a boundary shown on a fisheries regulated waters plan has a gap in it, the boundary continues in a straight line across the gap to the nearest point of the boundary on the other side of the gap.

Part 3 Regulation of activities in regulated waters

30Regulated persons

Each of parts 4 to 12A provide for the persons (each a regulated person) to whom particular regulated waters declarations under the relevant part apply.

s 30 amd 2015 SL No. 125 s 4

31Activities prohibited or otherwise regulated

Particular provisions (each a regulating provision) under parts 4 to 12A provide for the activities that are prohibited or restricted in particular regulated waters under the regulating provision.

Note—

For each entry for regulated waters described in schedule 1, column 2, the regulating provisions under which activities in the regulated waters are prohibited or otherwise regulated, are stated opposite the entry in schedule 1, column 3.

s 31 amd 2015 SL No. 125 s 4

Part 4 Declarations about taking any fish

Division 1 Regulated persons

32Regulated persons for pt 4

Any person is a regulated person.

Division 2 Taking any fish in regulated waters

Subdivision 1 Waters to which any permit can apply

sdiv hdg ins 2011 SL No. 224 s 3

33Regulated waters for sdiv 1

This subdivision applies to the following regulated waters—
Mission Bay
South Mitchell River
Torres Strait near Hammond Island.

s 33 sub 2008 SL No. 448 s 5; 2011 SL No. 224 s 4

34Prohibited activities

A regulated person must not in the regulated waters—
(a)take any fish; or
(b)possess a fish taken in contravention of paragraph (a).

Subdivision 2 Water to which only particular permits can apply

sdiv hdg ins 2011 SL No. 224 s 5

34ARegulated waters for sdiv 2

This subdivision applies to the following regulated waters—
Coombabah Lake and Coombabah Creek
Swan Bay
Wolf Rock (grey nurse shark protection area)
Tinana Creek Barrage
Mary River Barrage
Burnett River Barrage
Kolan River Barrage
Fitzroy River Barrage
Keppel Bay (fishing)
Hook Island (fishing)
Yanks Jetty at Orpheus Island
Centenary Lakes, Cairns
Barron River (fishing)
Bizant River, Princess Charlotte Bay.

s 34A ins 2011 SL No. 224 s 5

34BProhibited activities

(1)A regulated person must not in the regulated waters—
(a)take any fish; or
(b)possess a fish taken in contravention of paragraph (a).

Note—

See also section 218A.
(2)However, a person may take a juvenile eel in the following regulated waters if the person takes the eel under a licence on which is written the fishery symbol ‘JE’—
Mary River Barrage
Burnett River Barrage
Kolan River Barrage
Fitzroy River Barrage.

s 34B ins 2011 SL No. 224 s 5

amd 2013 SL No. 270 s 3

Division 3 Taking any fish in particular shark protection areas

Subdivision 1 Regulated waters

35Regulated waters for div 3

This division applies to the following regulated waters—
Flat Rock (grey nurse shark protection area)
Cherub’s Cave (grey nurse shark protection area)
Henderson Rock (grey nurse shark protection area).

s 35 amd 2011 SL No. 106 s 4

Subdivision 2 Prohibited activities

36Taking fish generally prohibited

A regulated person must not in the regulated waters—
(a)take any fish; or
(b)possess a fish taken in contravention of paragraph (a).

Subdivision 3 Exceptions for division 3

sdiv hdg amd 2008 SL No. 156 s 4

37Application of sdiv 3

This subdivision applies despite section 36.

38Taking fish by hand or scoop net

A person may take a fish in the regulated waters if the person takes the fish—
(a)under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; and
(b)by hand or using a scoop net or seine net; and
(c)from 6a.m. to 6p.m. on a particular day.

39Taking spanner crab

(1)A person may take a spanner crab in the regulated waters if the person takes the crab—
(a)under a licence on which is written the fishery symbol ‘C2’; and
(b)from 6a.m. to 6p.m. on a particular day.
(2)A recreational fisher may take a spanner crab in the regulated waters if the fisher—
(a)does not use fishing apparatus, other than a prescribed dilly, for taking the crab; and
(b)uses no more than 4 prescribed dillies to take the crab.
(3)In this section—
prescribed dilly means a dilly that has—
(a)an area within its frame of no more than 1m2; and
(b)a net drop below its frame of no more than 10cm; and
(c)a net made up of square or rectangular meshes with a mesh size of at least 25mm; and
(d)the following attached to it—
(i)a tag on which is written the full name and address of the owner of the dilly;
(ii)a light coloured float that is at least 15cm in all its dimensions and on which the owner’s name is also written.

40[Repealed]

s 40 amd 2012 SL No. 252 s 6 sch

om 2016 SL No. 193 s 4

Part 5 Declarations about taking or possessing particular fish

Division 1 Regulated persons

41Regulated persons for pt 5

Any person is a regulated person.

Division 2 Australian bass

42Prohibited activities and regulated period

(1)A regulated person must not—
(a)take Australian bass in tidal waters during the regulated period; or
(b)possess Australian bass taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated period is from 1 June to 31 August.

s 42 amd 2014 SL No. 69 s 4

Division 3 Barramundi

div hdg sub 2011 SL No. 236 s 3

Subdivision 1 Waters other than Gulf of Carpentaria waters

sdiv hdg ins 2011 SL No. 236 s 3

43Regulated waters for sdiv 1

This subdivision applies to the waters other than the Gulf of Carpentaria waters.

s 43 sub 2011 SL No. 236 s 3

44Prohibited activities and regulated period

(1)A regulated person must not in the regulated waters—
(a)take barramundi in the regulated period; or
(b)possess barramundi taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated period is from midday on 1 November to midday on 1 February.

s 44 amd 2008 SL No. 314 s 16

sub 2011 SL No. 236 s 3

Subdivision 2 Gulf of Carpentaria waters

sdiv hdg ins 2011 SL No. 236 s 3

44ARegulated waters for sdiv 2

This subdivision applies to the Gulf of Carpentaria waters.

s 44A ins 2011 SL No. 236 s 3

44BProhibited activities and regulated periods

(1)A regulated person must not in the regulated waters—
(a)take barramundi in the regulated taking period; or
(b)possess barramundi taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated taking period is from midday on 7 October to midday on 1 February.
(3)Also, a regulated person must not in the regulated waters possess barramundi on a boat in the regulated possession period, whether or not the fish have been taken in the waters.
(4)For subsection (3), the regulated possession period is from midday on 17 October to midday on 1 February.

s 44B ins 2011 SL No. 236 s 3

Subdivision 3 Exception for div 3

sdiv hdg ins 2011 SL No. 236 s 3

45Recreational fishing in prescribed barramundi waterway

(1)This section applies despite sections 44 and 44B.
(2)A recreational fisher may—
(a)take no more than 1 barramundi in a prescribed barramundi waterway within the regulated waters under subdivision 1 or 2; or
(b)possess a barramundi taken under paragraph (a).
(3)However, subsection (2) applies only if the fisher does not possess the barramundi while taking fish in the regulated waters, other than a prescribed barramundi waterway.

s 45 sub 2011 SL No. 236 s 3

Division 3A [Repealed]

div hdg ins 2010 SL No. 354 s 3

om 2011 SL No. 140 s 4

45A[Repealed]

s 45A ins 2010 SL No. 354 s 3

om 2011 SL No. 140 s 4

45B[Repealed]

s 45B ins 2010 SL No. 354 s 3

om 2011 SL No. 140 s 4

Division 4 Regulated coral reef fin fish

Subdivision 1 Regulated waters and prohibited activities etc.

46Regulated waters for div 4

This division applies to the Coral reef fin fish regulated waters.

47Prohibited activities and regulated periods

(1)A regulated person must not in the regulated waters—
(a)take a regulated coral reef fin fish in a regulated period; or
(b)possess a regulated coral reef fin fish in a regulated period, whether or not the fish have been taken in the waters.
(2)For subsection (1), each of the following periods is a regulated period—
(a)from 6 October 2018 to 10 October 2018;
(b)from 5 November 2018 to 9 November 2018;
(c)from 25 October 2019 to 29 October 2019;
(d)from 24 November 2019 to 28 November 2019;
(e)from 14 October 2020 to 18 October 2020;
(f)from 12 November 2020 to 16 November 2020;
(g)from 3 October 2021 to 7 October 2021;
(h)from 2 November 2021 to 6 November 2021;
(i)from 22 October 2022 to 26 October 2022;
(j)from 21 November 2022 to 25 November 2022;
(k)from 12 October 2023 to 16 October 2023;
(l)from 10 November 2023 to 14 November 2023.

s 47 amd 2008 SL No. 384 s 4; 2009 SL No. 213 s 19; 2014 SL No. 69 s 5; 2018 SL No. 149 s 3

Subdivision 2 Exceptions for division 4

sdiv hdg amd 2008 SL No. 156 s 5

48Application of sdiv 2

This subdivision applies despite section 47.

49Recreational fishing

A regulated person may, in the regulated waters, possess, on a boat, a regulated coral reef fin fish if—
(a)the fish has not been taken in the waters in contravention of section 47(1)(a); and
(b)either of the following apply—
(i)the person is in possession of the fish for the purpose of consumption on the boat and the boat is not a commercial fishing boat and does not have a fishing line, spear or spear gun on board;
(ii)the boat is being used for a charter fishing trip that has been conducted for an uninterrupted period of at least 24 hours.

50Commercial fishing

(1)A regulated person may, in the regulated waters, possess, on a boat, a regulated coral reef fin fish if—
(a)the fish has not been taken in the waters in contravention of section 47(1)(a); and
(b)the fish—
(i)has been taken under chapter 10A, part 3; and
(ii)is on an authorised boat; and
(c)either—
(i)the boat is in an unloading area; or
(ii)the boat is not in an unloading area but only in a permitted period.
(2)In this section—
authorised boat see section 591W.
permitted period means—
(a)a period other than a regulated period mentioned in section 47(2); or
(b)the period from midnight at the beginning of the first day of a regulated period mentioned in section 47(2) to 6a.m. on the day.
unloading area see section 591W.

s 50 amd 2008 SL No. 384 s 5; 2009 SL No. 213 s 20; 2015 SL No. 12 s 7

Division 5 Freshwater fish generally

51Regulated waters for div 5

This division applies to the following regulated waters—
Dumaresq River at Bonshaw Weir
Pike Creek at Glenlyon Dam
Barwon River at Mungindi Weir
Severn River at Queen Mine Waterhole
Quart Pot Creek at Storm King Dam
Balonne River at Beardmore Dam and Jack Taylor Weir
Macintyre River at Goondiwindi Weir
Macintyre Brook at Coolmunda Dam, Whetstone and Bendor weirs
Sandy Creek at Leslie Dam
Burnett Creek at Maroon Dam
Reynolds Creek at Moogerah Dam
Nerang River at Hinze Dam
Albert River at Luscombe Weir
Logan River at South Maclean and Cedar Grove weirs
Brisbane River at Old Mt Crosby Weir
Brisbane River at Mt Crosby Weir
Brisbane River at Wivenhoe Dam
Balonne River at Surat Weir
Condamine River at Chinchilla, Loudon, Lemon Tree, Yarramalong, Cecil Plains and Reilly’s weirs
Dogwood Creek at Gil Weir (formerly Miles Weir)
Stuart River at Gordonbrook Dam
Six Mile Creek at Lake MacDonald
Boyne River (Auburn River Basin) at Boondooma Dam
Dawson River at Glebe Weir
Dawson River at Gyranda Weir
Nogo River at Wuruma Dam
Dawson River at Theodore Weir
Burnett River at Paradise Dam, Claude Wharton, Ned Churchward and Kirar weirs
Three Moon Creek at Cania Dam
Dawson River at Moura Weir
Dawson River at Orange Creek Weir
Dawson River at Neville Hewitt Weir
Boyne River (Boyne River Basin) at Awoonga Dam
Fitzroy River at Eden Bann Weir
Thomson River at Fairmount Weir
Fitzroy River at Wattlebank Control Weir
Nogoa River at Fairbairn Dam
Pioneer River at the Marian, Mirani and Dumbleton weirs
Burdekin River at Clare Weir
North Pine River at North Pine Dam
Sideling Creek at Kurwongbah Dam
Teviot Brook at Wyaralong Dam
Yabba Creek at Borumba Dam.

s 51 sub 2008 SL No. 448 s 6

amd 2011 SL No. 106 s 5; 2014 SL No. 69 s 6; 2014 SL No. 282 s 4; 2016 SL No. 193 s 5

52Prohibited activities

A regulated person must not in the regulated waters—
(a)take a freshwater fish; or
(b)possess a freshwater fish taken in contravention of paragraph (a).

Division 6 Murray cod in particular waters of the Murray–Darling drainage division

div 6 (ss 53–54) sub 2014 SL No. 282 s 5

53Regulated waters for div 6

This division applies to the regulated waters of the Murray–Darling drainage division, other than the following dams—
Beardmore Dam
Beehive Dam
Connolly Dam
Cooby Dam
Coolmunda Dam
Glenlyon Dam
Leslie Dam
Storm King Dam.

div 6 (ss 53–54) sub 2014 SL No. 282 s 5

54Taking Murray cod generally prohibited

(1)A regulated person must not in the regulated waters—
(a)take a Murray cod during the regulated period; or
(b)possess a Murray cod taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated period is from 1 September to 30 November.

div 6 (ss 53–54) sub 2014 SL No. 282 s 5

Division 7 Gastropods or bivalve molluscs

55Regulated waters for div 7

This division applies to the following regulated waters—
Wynnum (gastropod area)
Nudgee Beach
Bramble Bay
Deception Bay.

s 55 amd 2009 SL No. 61 s 5

56Prohibited activities

A regulated person must not in the regulated waters—
(a)take a gastropod or bivalve mollusc; or
(b)possess a gastropod or bivalve mollusc taken in contravention of paragraph (a).

Division 8 Spanner crabs

57Prohibited activities and regulated period

(1)A regulated person must not in the Spanner crab regulated waters—
(a)take a spanner crab in the regulated period; or
(b)possess a spanner crab taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated period is from 1 November to 15 December.

s 57 amd 2018 SL No. 149 s 4

Division 9 Saucer scallops

58Prohibited activities and regulated periods

(1)A regulated person must not in the Saucer scallop regulated waters—
(a)take a saucer scallop in the regulated taking period; or
(b)possess a saucer scallop taken in contravention of paragraph (a); or
(c)possess a saucer scallop in the regulated possession period.
(2)For subsection (1)(a), the regulated taking period is from midday on 20 September to midday on 1 November.
(3)For subsection (1)(c), the regulated possession period is from 6p.m. on 20 September to midday on 1 November.

s 58 amd 2008 SL No. 384 s 6

58AAProhibited activities and regulated periods for particular regulated waters

(1)A regulated person must not in the Swain Reefs and Hydrographers Passage regulated waters—
(a)take a saucer scallop in the regulated taking period; or
(b)possess a saucer scallop taken in contravention of paragraph (a); or
(c)possess a saucer scallop in the regulated possession period.
(2)For subsection (1)(a), the regulated taking period is from midday on 1 November to midday on 3 January.
(3)For subsection (1)(c), the regulated possession period is from 6p.m. on 1 November to midday on 3 January.

s 58AA ins 2008 SL No. 431 s 15

Division 9A Tropical rocklobster

div hdg ins 2008 SL No. 314 s 17

sub 2009 SL No. 61 s 6

58AProhibited activities and regulated period

(1)A regulated person must not in the Northern rocklobster regulated waters—
(a)take tropical rocklobster in the regulated period; or
(b)possess a tropical rocklobster taken in contravention of paragraph (a).
(2)For this section the regulated period is from midnight on 1 October to midnight on 31 December.

s 58A ins 2008 SL No. 314 s 17

amd 2009 SL No. 61 s 7; 2014 SL No. 69 s 7

Division 9B Craterocephalus

div 9B (s 58B) ins 2014 SL No. 282 s 6

58BProhibited activities

A regulated person must not in the Thompson River Catchment regulated waters—
(a)take a fish of the genus Craterocephalus; or
(b)possess a fish of the genus Craterocephalus taken in contravention of paragraph (a).

div 9B (s 58B) ins 2014 SL No. 282 s 6

Division 10 Other particular fish

59Prohibited activities—black jewfish

A regulated person must not in the North Cape York regulated waters—
(a)take a black jewfish; or
(b)possess a black jewfish taken in contravention of paragraph (a).

60[Repealed]

s 60 om 2011 SL No. 224 s 6

61Prohibited activities—fish other than fin fish

A regulated person must not in the Fitzroy Island–High Island regulated waters—
(a)take any fish other than a fin fish; or
(b)possess a fish taken in contravention of paragraph (a).

62Prohibited activities—mud crab

A regulated person must not in the Eurimbula Creek regulated waters—
(a)take a mud crab; or
(b)possess a mud crab taken in contravention of paragraph (a).

s 62 amd 2008 SL No. 448 s 7

63Prohibited activities—pearl oysters

A regulated person must not in the Darnley Island regulated waters—
(a)take a pearl oyster; or
(b)possess a pearl oyster taken in contravention of paragraph (a).

64Prohibited activities—worms of the class Polychaeta

A regulated person must not in the Wynnum (worm area) regulated waters—
(a)take a worm belonging to the class Polychaeta; or
(b)possess a worm taken in contravention of paragraph (a).

Part 6 Declarations about possessing or using particular apparatus

Division 1 Regulated persons

65Regulated persons for pt 6

Any person is a regulated person.

Division 2 Possessing or using fishing lines

66Prohibited activities

A regulated person must not in the Obi Obi Creek regulated waters—
(a)possess a fishing line; or
(b)use a fishing line to take a fish; or
(c)possess a fish taken in contravention of paragraph (b).

Division 3 Possessing or using nets

67Regulated waters for div 3

This division applies to the following regulated waters—
Burnett River (netting)
Water Park Creek.

68Prohibited activities

A regulated person must not in the regulated waters—
(a)possess a net; or
(b)use a net to take a fish; or
(c)possess a fish taken in contravention of paragraph (b).

Division 4 Using shell dredges

69Regulated waters for div 4

This division applies to the following regulated waters—
waterways, lakes and lagoons within the limits of the State
Moreton Bay (whole)
Hervey Bay and Great Sandy Strait (shell dredging)
Hinchinbrook Channel (fishing apparatus area 1).

70Prohibited activities

A regulated person must not in the regulated waters—
(a)use a shell dredge to take a fish; or
(b)possess a fish taken in contravention of paragraph (a).

Part 7 Declarations applying to recreational fishers

Division 1 Regulated persons

71Regulated persons for pt 7

A recreational fisher is a regulated person.

Division 2 Taking or possessing particular fish

Subdivision 1 Great barracuda, pickhandle barracuda and spanish mackerel

sdiv hdg sub 2009 SL No. 61 s 8

72Prohibited activities

A regulated person must not in the Platypus Bay regulated waters—
(a)take a great barracuda, pickhandle barracuda or spanish mackerel; or
(b)possess a fish taken in contravention of paragraph (a).

s 72 amd 2009 SL No. 61 s 9

Subdivision 2 Fin fish

73Prohibited activities and regulated period—Fraser Island (Indian Head–Waddy Point)

(1)A regulated person must not in the Fraser Island (Indian Head–Waddy Point) regulated waters—
(a)take a fin fish in the regulated period; or
(b)possess a fin fish taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated period is from midday on 1 August to midday on 30 September.

74Prohibited activities—Pine River (north of Weipa)

(1)A regulated person must not in the Pine River (north of Weipa) regulated waters—
(a)take a fin fish; or
(b)possess a fin fish taken in contravention of paragraph (a).
(2)However, subsection (1) does not apply to taking a fin fish in, or possessing a fin fish taken in, the regulated waters if the fish is not intentionally or recklessly injured or damaged and is immediately put back.

s 74 amd 2011 SL No. 224 s 7; 2011 SL No. 236 s 2 sch

Subdivision 3 Tropical rocklobster

sdiv hdg sub 2009 SL No. 61 s 10

75Prohibited activities and regulated period—Northern rocklobster regulated waters

(1)Without limiting subsection (2), a regulated person must not in the Northern rocklobster regulated waters—
(a)take more than 3 tropical rocklobsters outside the regulated period; or
(b)possess a tropical rocklobster taken in contravention of paragraph (a).
(2)If, outside the regulated period, there is more than 1 regulated person on a boat in the waters, the person in control of the boat must ensure there are no more than 6 tropical rocklobsters on the boat.
(3)For this section the regulated period is from midnight on 1 October to midnight on 31 December.

s 75 amd 2008 SL No. 314 s 18; 2009 SL No. 61 s 11; 2014 SL No. 328 s 4

76Prohibited activities—Southern rocklobster regulated waters

(1)Without limiting subsection (2), a regulated person must not in the Southern rocklobster regulated waters—
(a)take more than 5 tropical rocklobsters; or
(b)possess a tropical rocklobster taken in contravention of paragraph (a).
(2)If there is more than 1 regulated person on a boat in the waters, each regulated person must ensure there are no more than 10 tropical rocklobsters on the boat.

s 76 amd 2009 SL No. 61 s 12

Subdivision 4 Sea cucumber

sdiv hdg ins 2011 SL No. 224 s 8

sub 2012 SL No. 252 s 6 sch

76AProhibited activities—Sea cucumber regulated waters

A regulated person must not in the Sea cucumber regulated waters—
(a)take a sea cucumber; or
(b)possess a sea cucumber taken in contravention of paragraph (a).

s 76A ins 2011 SL No. 224 s 8

amd 2012 SL No. 252 s 6 sch

Division 3 Possessing or using particular fishing apparatus

Subdivision 1 Possessing or using any nets

77Regulated waters for sdiv 1

This subdivision applies to the following regulated waters—
Hervey Bay (recreational netting)
Rodds Harbour (recreational netting).

s 77 amd 2011 SL No. 106 s 6

78Prohibited activities

A regulated person must not in the regulated waters—
(a)possess a net; or
(b)use a net to take a fish; or
(c)possess a fish taken in contravention of paragraph (b).

Subdivision 2 Possessing or using particular nets

79Prohibited activities

A regulated person must not in the Skyringville Creek regulated waters—
(a)possess a net, other than a scoop net; or
(b)use a net, other than a scoop net, to take a fish; or
(c)possess a fish taken in contravention of paragraph (b).

Subdivision 3 Possessing or using spears or spear guns

80Regulated waters for sdiv 3

This subdivision applies to the following regulated waters—
Tallebudgera Creek (spearing)
Southern Moreton Bay (including The Broadwater)
Pumicestone Strait (spearing)
Moreton Island (artificial reef area)
Jetties in, or south of, the Noosa River
Mooloolah River (spearing)
Maroochy River (spearing)
Noosa River (spearing)
North Sandy Strait (artificial reef area)
Hervey Bay (artificial reef area off Woodgate)
Bargara Beach
Great Keppel Island
North Keppel Island
Seaforth Island
Dunk Island
Brampton Island–Pelican Island–Carlisle Island
Lindeman Island
Long Island
Molle Island
West Molle Island
Hook Island (spearing)
Hayman Island
Main wharf at Port Denison, Bowen
Cape Edgecumbe
Jetties at Dungeness and Lucinda Point
Richards Island
Cooktown wharf and nearby pontoons.

s 80 amd 2008 SL No. 156 s 2 sch; 2011 SL No. 106 s 7

81Prohibited activities

A regulated person must not in the regulated waters—
(a)possess a spear or spear gun; or
(b)use a spear or spear gun to take fish; or
(c)possess fish taken in contravention of paragraph (b).

Part 8 Declarations about taking or possessing fish for trade or commerce

Division 1 Regulated persons

82Regulated persons for pt 8

Any person is a regulated person.

Division 2 Taking or possessing any fish for trade or commerce

83Prohibited activities—Pumicestone Strait

A regulated person must not in the Pumicestone Strait (commercial fishing) regulated waters—
(a)take any fish for trade or commerce; or
(b)possess a fish taken in contravention of paragraph (a).

84Prohibited activities and regulated period—Fraser Island (Indian Head–Waddy Point)

(1)A regulated person must not in the Fraser Island (Indian Head–Waddy Point) regulated waters—
(a)take any fish for trade or commerce in the regulated period; or
(b)possess a fish taken in contravention of paragraph (a).
(2)For subsection (1)(a), the regulated period is from midday 1 August to midday on 30 September.

Division 3 Taking or possessing particular fish for trade or commerce

85Prohibited activities—Platypus Bay

A regulated person must not in the Platypus Bay regulated waters—
(a)take any of the following fish for trade or commerce—
(i)catfish of the family Ariidae;
(ii)cobia;
(iii)giant queenfish;
(iv)great barracuda;
(v)spanish mackerel;
(vi)pickhandle barracuda;
(vii)yellowtail kingfish; or
(b)possess a fish taken in contravention of paragraph (a).

s 85 amd 2009 SL No. 61 s 13

Part 9 Declarations about possessing or using any nets for taking fish for trade or commerce

Division 1 Regulated persons

86Regulated persons for pt 9

Any person is a regulated person.

Division 2 Possessing or using nets—no regulated period

87Regulated waters for div 2

This division applies to the following regulated waters—
The Broadwater (southern part) and Nerang River
Gold Coast Seaway
The Broadwater (western part)
Currumbin Creek
Currumbin Beach
Tallebudgera Creek (netting)
Coombabah Creek, Oyster Lake and Saltwater Creek
Coomera River
Manly Boat Harbour
Wynnum and Manly
Brisbane River (netting)
Brisbane Airport floodway channel to the Pine River
Sandgate Pier
South Pine River and North Pine River
Currimundi Lake and Currimundi Creek near Caloundra
Mooloolah River (netting)
Maroochy River and ocean foreshores (netting)
South Maroochy River and the North Maroochy River
Weyba Creek
Noosa River and Noosa’s main beach
Lake Como, Kin Kin Creek, the upper Noosa River and Lake Cootharaba
Rainbow Beach
Snapper Creek near Tin Can Bay
Wide Bay Bar
Theodolite Creek
Hervey Bay (commercial netting)
Coonarr Creek
Round Hill Creek
Eurimbula Creek
Rodds Harbour (commercial netting)
Calliope River (upstream from Farmers Island)
Fitzroy River (town reach netting)
Cawarral Creek
Causeway Lake, Shoal Bay
Rocky Dam Creek
Louisa Creek
Pioneer River (upstream)
Constant Creek (upstream)
Reliance Creek, west of Eimeo
Seaforth Creek
Victor Creek
Proserpine River
Pioneer Bay
Bowen Harbour and Magazine Island
Merinda Creek
Groper Creek, Yellow Gin Creek and the Burdekin River
Burdekin River Anabranch
Plantation Creek and Seaforth Creek
Barramundi Creek
Haughton River and the Short Cut
Townsville Harbour and Cleveland Bay
Rollingstone Creek
Herbert River
Hinchinbrook Channel (fishing apparatus area 2)
Meunga Creek
Murray River
Johnstone River
Russell River, Mulgrave River and Mutchero Inlet
Trinity Inlet
Trinity Bay
Daintree River
Bloomfield River
Annan River
Endeavour River
Bizant River, North Kennedy River and Normanby River
Mission River, Embley River and Hey River
Pine River (north of Weipa)
Watson River
Kirke River
Chapman River
Chapman River to Moonkan Creek
Moonkan Creek
Mitchell River
Staaten River
Gilbert River
Bronco’s Creek
Norman River (downstream)
Norman River (upstream)
Bynoe River and Little Bynoe River
Flinders River and Armstrong Creek
Albert River
Nicholson River
Gin Arm Creek
Elizabeth River (Mornington Island)
Sandalwood Place River (Mornington Island).

s 87 amd 2008 SL No. 156 s 2 sch; 2008 SL No. 314 s 19

sub 2008 SL No. 448 s 8 (amd 2009 SL No. 114 s 3)

amd 2011 SL No. 224 s 9; 2011 SL No. 236 s 2 sch

88Prohibited activities

A regulated person must not in the regulated waters—
(a)possess a net for taking fish for trade or commerce; or
(b)use a net for taking a fish for trade or commerce; or
(c)possess a fish taken in contravention of paragraph (b).

Division 3 Possessing or using nets—regulated periods

90Regulated waters and regulated periods for div 3

In the table below—
(a)column 1 states the regulated waters to which this division applies; and
(b)the regulated period for the regulated waters stated in column 1 is stated in column 2 opposite the entry for the regulated waters.

Column 1

Column 2

Regulated waters

Regulated periods

lakes and lagoons south of the northern bank of the Endeavour River and east of longitude 142º31'49" east

from 6p.m. on Friday to 6p.m. on Sunday

waterways south of Double Island Point

from 6p.m. on Friday to 6p.m. on Sunday

The Broadwater (central part)

the following regulated periods—

(a)  from 1 August to 31 August;
(b)  from 1 September to 30 November, at the following times—
•  Monday to Thursday—from 6a.m. to 6p.m;
•  from 6a.m. on Friday to 6p.m. on Sunday;
(c)  from 1 December to the end of February

Tallebudgera Creek to Burleigh (netting)

from 1 September to 30 April

North Stradbroke Island (northern beaches)

from 20 September to 1 April

Dunwich

from 1 August to 30 April

Moreton Bay (including The Broadwater)

from 6p.m. on Friday to 6p.m. on Sunday

Caloundra (Kings Beach to Shelly Beach)

from 1 September to 31 March

Noosa River (ocean foreshore)

from 1 May to 31 August

Fraser Island (Tooloora Creek to Ngkala Rocks)

from midday 1 April to midday on 1 September

Fraser Island (Hook Point to northern tip)

from midday 1 September to midday on 1 April

Great Sandy Strait

from 1 February to 30 November—from 2p.m. Friday to 2p.m. Sunday; and

from 1 December to 31 January—from 6p.m. Friday to 6p.m. Sunday

Point Vernon to Cape Manifold

from 6p.m. on Friday to 6p.m. on Sunday

Wild Cattle Creek

from 1 September to 30 April

Tannum Sands

from 1 September to 30 April

Boyne River and part of South Trees Inlet

from 1 September to 30 April

Port of Gladstone and The Narrows

from 6p.m. on Friday to 6p.m. on Sunday

Fitzroy River mouth

from 6p.m. on Friday to 6p.m. on Sunday

St. Lawrence Creek to Endeavour River

from 6p.m. on Friday to 6p.m. on Sunday

Hinchinbrook Channel (all nets)

from 6p.m. on Friday to 6p.m. on Sunday

s 90 amd 2008 SL No. 314 s 20; 2008 SL No. 448 s 10

91Prohibited activities

A regulated person must not in the regulated waters—
(a)possess a net for taking fish for trade or commerce in the relevant regulated period for the waters; or
(b)use a net for taking a fish for trade or commerce in the relevant regulated period for the waters; or
(c)possess a fish taken in contravention of paragraph (b).

Part 10 Declarations about possessing or using particular nets for taking fish for trade or commerce

Division 1 Regulated persons

92Regulated persons for pt 10

Any person is a regulated person.

Division 2 Using any commercial fishing nets

93Prohibited activities—spanish mackerel regulated waters

A regulated person must not in the Spanish mackerel regulated waters—
(a)use commercial fishing nets to take spanish mackerel for trade or commerce; or
(b)possess a spanish mackerel taken in contravention of paragraph (a).

94Prohibited activities—Fraser Island (tailor) regulated waters

A regulated person must not in the Fraser Island (tailor) regulated waters—
(a)use commercial fishing nets to take tailor for trade or commerce; or
(b)possess tailor taken in contravention of paragraph (a).

Division 3 Possessing or using particular commercial fishing nets

95Regulated waters for div 3

This division applies to the regulated waters stated in column 1 of the table below section 96.

96Prohibited activities

A regulated person must not in the regulated waters stated in column 1 of the table below—
(a)possess a commercial fishing net of a type stated opposite the regulated waters in column 2 of the table; or
(b)use a net referred to in paragraph (a) to take a fish for trade or commerce; or
(c)possess a fish taken in contravention of paragraph (b).

Column 1

Column 2

Regulated waters

Prohibited commercial fishing nets

South of North Stradbroke Island

a net that is neither fixed nor hauled of a type mentioned in section 480 or a set mesh net of a type mentioned in section 483

Moreton Bay (area 1)

a net that is neither fixed nor hauled of a type mentioned in section 480 or a set mesh net of a type mentioned in section 483

Moreton Island to Double Island Point

a net that is neither fixed nor hauled of a type mentioned in section 480 or a set mesh net of a type mentioned in section 483

Fraser Island (rivers and creeks)

a general purpose mesh net, of a type, and used in a way, mentioned in section 482(1) or a set mesh net of a type, and used in a way, mentioned in section 499

Hervey Bay (scallop ranching area)

a trawl net

Pioneer River (downstream)

a commercial fishing net other than—

(a)  a cast net; or
(b)  a mesh net used as a seine net

O’Connell River

a commercial fishing net other than—

(a)  a cast net; or
(b)  a mesh net used as a seine net

Queens Bay

a set mesh net of a type mentioned in section 485 or 516 or a net that is neither fixed nor hauled of a type mentioned in section 480 or 514

s 96 amd 2008 SL No. 156 s 6; 2008 SL No. 448 s 11; 2011 SL No. 106 s 8; 2011 SL No. 224 s 10

Division 4 Possessing or using particular set mesh nets to take any fish

97Regulated waters for div 4

This division applies to the following regulated waters—
Bundaberg–Gladstone–Rockhampton (regional waterways)
Middle Head to Norton Point
South Trees Inlet
Calliope River (near mouth)
Waters off Curtis Island
Cattle Point to Cardigan Point
Island Bluff to Charon Point
Little Cape Creek to Shag Creek
South Bluff to Coconut Point
Mackay (regional waterways)
Constant Creek (near mouth)
Burdekin–Townsville–Ingham (regional waterways)
Nobbies Inlet
Burdekin River Anabranch mouth
Sheep Station Creek to Barratta Creek
Victoria Creek
Gentle Annie Creek
Hinchinbrook Channel (set mesh nets)
Macushla Point to Forkey’s Creek (Hinchinbrook Island)
Innisfail (regional waterways)
Thompson Point to Flying Fish Point
Cairns and Port Douglas (regional waterways)
Barron River area (netting)
Mossman River area.

s 97 sub 2008 SL No. 448 s 12

98Prohibited activities and regulated period

(1)A regulated person must not in the regulated waters—
(a)possess a nearshore net or an offshore net in the regulated period; or
(b)use a nearshore net or an offshore net to take a fish for trade or commerce in the regulated period; or
(c)possess a fish taken in contravention of paragraph (b).
(2)For subsection (1), the regulated period is from midday 1 November to midday 1 February.
(3)In this section—
nearshore net means a set mesh net that may under this regulation or a management plan, be used in nearshore waters to take fish.
offshore net means a set mesh net that—
(a)may, under this regulation or a management plan, be used in offshore waters to take fish; and
(b)has a monofilament diameter of more than 1.06mm.

s 98 amd 2008 SL No. 448 s 13

Division 5 Possessing or using set mesh nets to take particular fish

99Regulated waters for div 5

This division applies to the following regulated waters—
Port Musgrave and Wenlock River
Wellesley Islands Protected Wildlife Area.

100Prohibited activities

A regulated person must not in the regulated waters—
(a)possess a set mesh net for taking fin fish, other than regulated coral reef fin fish, for trade or commerce; or
(b)use a set mesh net to take a fin fish, other than a regulated coral reef fin fish, for trade or commerce; or
(c)possess a fish taken in contravention of paragraph (b).

101Exceptions for Wellesley Islands Protected Wildlife Area regulated waters

(1)This section applies despite section 100.
(2)A person may use or possess a set mesh net to take a fin fish, other than a regulated coral reef fin fish, from the offshore waters in the Wellesley Islands Protected Wildlife Area regulated waters if—
(a)the net is made from a continuous filament or strand of synthetic fibre that is joined, knitted or woven into meshes; and
(b)the net is no longer than 400m and has a mesh size of at least 162.5mm but no more than 245mm; and
(c)the line thickness of the net is no more than 1.04mm; and
(d)the net’s drop is no more than 50 meshes; and
(e)the water in which the net is being used is not shallower than the net’s drop; and
(f)the person is within 100m of the net while the person is using it; and
(g)the total length of all nets on the boat being used to take the fish is no more than 400m.
(3)A person may use or possess a set mesh net to take fin fish, other than regulated coral reef fin fish, in nearshore waters within the regulated waters if—
(a)the net is no longer than 100m and has a mesh size of at least 162.5mm but no more than 245mm; and
(b)the net’s drop is no more than 33 meshes; and
(c)the total length of all nets on the boat being used to take the fish is no more than 600m.

s 101 amd 2008 SL No. 448 s 14; 2012 SL No. 252 s 7

Part 11 Declarations about using particular nets in dugong protected regulated waters (zone A)

Division 1 Regulated persons

102Regulated persons for pt 11

Any person is a regulated person.

Division 2 Hervey Bay–Tin Can Bay (greater dugong protection area) regulated waters

103Prohibited activities—Hervey Bay–Tin Can Bay (greater dugong protection area) regulated waters

(1)A regulated person must not—
(a)use a set mesh net in the Hervey Bay–Tin Can Bay (greater dugong protection area) regulated waters; or
(b)use a net that is neither fixed nor hauled in offshore waters in the regulated waters.
(2)Despite subsection (1), the person may use a set mesh net or a net that is neither fixed nor hauled in offshore waters in the regulated waters if the net—
(a)is made of monofilament no more than 0.65mm in diameter; and
(b)is no more than 33 meshes deep; and
(c)is used by at least 2 persons, each of whom is on a boat floating on the water and within 100m of the net.
(3)This section is subject to—
(a)sections 104, 105 and 106; and
(b)for a person taking fish in the regulated waters under a licence for a commercial net fishery—the authorisations and conditions of the licence stated in chapter 9.

s 103 sub 2008 SL No. 448 s 15 (amd 2009 SL No. 114 s 4)

104Prohibited activities—Mary River–Burrum River (dugong protection area) waters

(1)This section applies to the following waters (the Mary River–Burrum River (dugong protection area) waters)—
(a)waters within the following boundary—
from latitude 25º10'24'' south where it intersects the mainland shore near Burrum River to latitude 25º10'24'' south, longitude 152º39'06'' east
to latitude 25º13'24'' south, longitude 152º40'12'' east
along latitude 25º13'24'' south to where it intersects the mainland shore
along the mainland shore to latitude 25º10'24'' south;
(b)waterways adjoining the waters mentioned in paragraph (a), other than waters of the Burrum River upstream of 152º35'50'' east;
(c)waters of the Mary River downstream of longitude 152º54'24'' east.
(2)A regulated person must not use a set mesh net in the Mary River–Burrum River (dugong protection area) waters.

s 104 sub 2009 SL No. 114 s 20

amd 2010 SL No. 164 s 30

105Prohibited activities and regulated period—Hervey Bay (dugong protection area) waters

(1)This section applies to waters and adjoining waterways south of latitude 25º04'30'' south and west of longitude 152º40' east (the Hervey Bay (dugong protection area) waters).
(2)A regulated person must not use a set mesh net or a net that is neither fixed nor hauled in the Hervey Bay (dugong protection area) waters in the regulated period.
(3)For subsection (2), the regulated period is from 3p.m. to 5a.m. from 1 July to 31 October.

s 105 sub 2009 SL No. 114 s 20

106Prohibited activities—Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters

(1)This section applies to tidal waters of a river or creek between the north bank of Kauri Creek and latitude 25º01'01'' south where it intersects the mainland shore, other than—
(a)waters of the Burrum River downstream of 152º35'50'' east; and
(b)waters of the Mary River that are—
(i)downstream of longitude 152º54'24'' east; or
(ii)upstream of longitude 152º47'30'' east (the western tip of Brothers Islands).
(2)The waters to which this section applies are the Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters.
(3)A regulated person must not use a set mesh net in the Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters unless the net—
(i)is no longer than 50m; and
(ii)has a drop of no more than 50 meshes.
(4)For a person taking fish in the regulated waters under a licence for a commercial net fishery, this section is subject to the authorisations and conditions of the licence stated in chapter 9.

s 106 sub 2009 SL No. 114 s 20

amd 2010 SL No. 164 s 31

107[Repealed]

s 107 om 2009 SL No. 114 s 21

108[Repealed]

s 108 om 2009 SL No. 114 s 21

Division 3 Port Clinton (greater dugong protection area) regulated waters

109Prohibited activities

(1)A regulated person must not in the Port Clinton (greater dugong protection area) regulated waters—
(a)use a mesh net with a mesh size of more than 115mm; or
(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters; or
(c)fix any part of a mesh net if part of the net is in offshore waters; or
(d)use a set mesh net; or
(e)use a net that is neither fixed nor hauled.
(2)Despite subsection (1), a regulated person may use up to 3 set mesh nets in the Port Clinton (dugong protection area 1) waters only if—
(a)each net is no longer than 50m; and
(b)each net has a mesh size of at least 150mm but no more than 215mm; and
(c)each net has a drop of no more than 50 meshes; and
(d)the nets are no more than 800m apart; and
(e)any person using the nets is—
(i)between the first and the last net; and
(ii)no more than 800m from any of the nets.
(3)In this section—
Port Clinton (dugong protection area 1) waters means the waters of that name shown on fisheries regulated waters plan FRW-901.

Note—

Section 28(2) provides for the availability of fisheries regulated waters plans.

s 109 amd 2008 SL No. 156 s 7; 2008 SL No. 448 s 18 (amd 2009 SL No. 114 s 7)

Division 4 Shoalwater Bay (dugong protection area) regulated waters

110Prohibited activities

A regulated person must not use or possess a net, other than a cast net, in the Shoalwater Bay (dugong protection area) regulated waters.

Division 5 Upstart Bay (greater dugong protection area) regulated waters and included areas

div hdg sub 2008 SL No. 448 s 19

110A[Repealed]

s 110A ins 2008 SL No. 156 s 8

om 2008 SL No. 448 s 19

111Prohibited activities—Upstart Bay (greater dugong protection area) regulated waters

(1)A regulated person must not in the Upstart Bay (greater dugong protection area) regulated waters—
(a)use a mesh net with a mesh size of more than 115mm; or
(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters; or
(c)fix any part of a mesh net if part of the net is in offshore waters; or
(d)use a set mesh net; or
(e)use a net that is neither fixed nor hauled.
(2)Despite subsection (1), a regulated person may—
(a)use up to 3 set mesh nets in a river or creek in the regulated waters only if—
(i)the nets are not set downstream of a line between the banks of the river or creek; and
(ii)each net is no longer than 50m; and
(iii)each net has a mesh size of at least 150mm but no more than 215mm; and
(iv)each net has a drop of no more than 50 meshes; and
(v)the nets are no more than 800m apart; and
(vi)a person using the nets is—
(A)between the first and the last net; and
(B)no more than 800m from any of the nets; or
(b)use up to 3 set mesh nets in the nearshore waters in the Upstart Bay (dugong protection area 1) waters only if—
(i)each net is no longer than 200m; and
(ii)each net being used is entirely within the nearshore waters; and
(iii)each net has a mesh size of at least 100mm but no more than 215mm; and
(iv)the distance between the first and last net is no more than 1km; and
(v)the nets are no more than 800m apart; and
(vi)a person using the nets is—
(A)between the first and the last net; and
(B)no more than 800m from any of the nets.
(3)Subsection (4) applies to the waters within the following boundary—
from latitude 19º43'37" south where it intersects the mainland shore
east along latitude 19º43'37" south to 200m seaward from high water mark
south parallel to the mainland shore 200m seaward from high water mark to where it intersects latitude 19º48' south
west along latitude 19º48' south to the mainland shore at high water mark
along the mainland shore to 19º43'37" south.
(4)Despite subsection (1)(d), a regulated person may use a set mesh net in nearshore waters in the regulated waters if all of the net is in the nearshore waters.

s 111 sub 2008 SL No. 448 s 19 (amd 2009 SL No. 114 s 8)

112[Repealed]

s 112 sub 2008 SL No. 156 s 9

om 2008 SL No. 448 s 19

113[Repealed]

s 113 om 2008 SL No. 448 s 19

Division 6 Hinchinbrook Island (dugong protection area) regulated waters

114Prohibited activities

A regulated person must not in the Hinchinbrook Island (dugong protection area) regulated waters—
(a)use a mesh net with a mesh size of more than 115mm; or
(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters; or
(c)fix any part of a mesh net if part of the net is in offshore waters; or
(d)use a set mesh net; or
(e)use a net that is neither fixed nor hauled.

s 114 sub 2008 SL No. 156 s 10; 2008 SL No. 448 s 20 (amd 2009 SL No. 114 s 9)

Division 7 Other particular regulated waters

115Regulated waters for div 7

This division applies to the following regulated waters—
Ince Bay (dugong protection area)
Stewart Peninsula–Newry Islands–Ball Bay (dugong protection area)
Cleveland Bay–Magnetic Island (dugong protection area).

116Prohibited activities—using mesh nets generally

(1)A regulated person must not in the regulated waters—
(a)use a mesh net with a mesh size of more than 115mm; or
(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters; or
(c)fix any part of a mesh net if part of the net is in offshore waters; or
(d)use a set mesh net; or
(e)use a net that is neither fixed nor hauled.
(2)This section is subject to section 116A.

s 116 amd 2008 SL No. 156 s 11; 2008 SL No. 314 s 21

sub 2008 SL No. 448 s 21 (amd 2009 SL No. 114 s 10)

116AProhibited activities—using set mesh nets in rivers or creeks

A regulated person may use up to 3 set mesh nets in a river or creek in the regulated waters only if—
(a)the nets are not set downstream of a line between the banks of the river or creek; and
(b)each net is no longer than 50m; and
(c)each net has a mesh size of at least 150mm but no more than 215mm; and
(d)each net has a drop of no more than 50 meshes; and
(e)any person using the nets is—
(i)between the first and the last net; and
(ii)no more than 800m from any of the nets.

s 116A ins 2008 SL No. 448 s 21

Part 12 Declarations about using particular nets in dugong protected regulated waters (zone B)

Division 1 Regulated persons

117Regulated persons for pt 12

Any person is a regulated person.

Division 2 Regulated waters

118Regulated waters for pt 12

This part applies to the following regulated waters—
Port of Gladstone–Rodds Bay (dugong protection area)
Clairview Bluff–Carmilla Creek (dugong protection area)
Llewellyn Bay (dugong protection area)
Ball Bay–Sand Bay (dugong protection area)
Repulse Bay (dugong protection area)
Edgecumbe Bay–Bowen (dugong protection area)
Bowling Green Bay (dugong protection area)
Lucinda to Allingham–Halifax Bay (dugong protection area).

Division 3 Prohibited activities

119Prohibited activities—using mesh nets generally

A regulated person must not in the regulated waters—
(a)use a mesh net, other than a set mesh net or a net that is neither fixed nor hauled, that has a mesh size of more than 115mm; or
(b)fix more than 1 part of a mesh net unless the net is—
(i)of a type mentioned in sections 120, 120A, 121 and 122; and
(ii)used under the relevant section; or
(c)use a net that is neither fixed nor hauled in nearshore waters; or
(d)subject to section 120, use a set mesh net or a net that is neither fixed nor hauled in offshore waters within 2km of the high water mark.

s 119 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 22 (amd 2009 SL No. 114 s 11)

120Using mesh nets in offshore waters

A regulated person may in the regulated waters use a set mesh net or a net that is neither fixed nor hauled in offshore waters within 2km of the high water mark only if—
(a)the net does not touch the seabed; and
(b)the net has attached to it enough floats to ensure the floats remain on the surface of the water; and
(c)the net is no longer than 600m; and
(d)the net has a mesh size of at least 160mm but no more than 165mm; and
(e)the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used.

s 120 sub 2008 SL No. 448 s 22

120AUsing set mesh nets in nearshore waters

A regulated person may in the regulated waters use a set mesh net in nearshore waters only if—
(a)each net is no longer than 200m; and
(b)each net has a mesh size of at least 100mm but no more than 215mm; and
(c)the entire net is in nearshore waters while it is being used; and
(d)the distance between the first and last net is no more than 1km; and
(e)the nets are no more than 800m apart; and
(f)any person using the nets is—
(i)between the first and the last net; and
(ii)no more than 800m from any of the nets.

s 120A ins 2008 SL No. 448 s 22

121Using set mesh nets on a headland

A regulated person may use up to 3 set mesh nets on a headland in the regulated waters only if—
(a)each net is no longer than 50m; and
(b)each net has a mesh size of at least 100mm but no more than 215mm; and
(c)the distance between the first and last net is no more than 1km; and
(d)the nets are no more than 800m apart; and
(e)any person using the nets is—
(i)between the first and the last net; and
(ii)no more than 800m from any of the nets; and
(f)one end of each net is anchored above the low water mark.

s 121 amd 2008 SL No. 448 s 23

122Using set mesh nets in rivers or creeks

A regulated person may use up to 3 set mesh nets in a river or creek in the regulated waters only if—
(a)each net is no longer than 120m; and
(b)each net has a mesh size of at least 150mm but no more than 215mm; and
(c)each net has a drop of no more than 50 meshes; and
(d)the combined lengths of the nets is no more than 360m; and
(e)the nets are no more than 800m apart; and
(f)the distance between the first and last net is no more than 1n mile; and
(g)any person using the nets is—
(i)between the first and the last net; and
(ii)no more than 800m from any of the nets.

s 122 amd 2008 SL No. 448 s 24

Part 12A Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce

pt hdg ins 2015 SL No. 125 s 6

Division 1 Regulated persons

div hdg ins 2015 SL No. 125 s 6

123Regulated persons for pt 12A

A commercial fisher is a regulated person.

s 123 prev s 123 amd 2008 SL No. 156 s 2 sch

om 2008 SL No. 448 s 25

pres s 123 ins 2015 SL No. 125 s 6

Division 2 Possessing or using particular nets

div hdg ins 2015 SL No. 125 s 6

123ARegulated waters for div 2

This division applies to the following regulated waters—
(a)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;
(b)St Helens Beach–Cape Hillsborough–North of Mackay waters;
(c)Trinity Bay–Cairns waters.

s 123A ins 2015 SL No. 125 s 6

123BProhibited activities

(1)A regulated person must not in the regulated waters—
(a)possess a relevant net for taking fish for trade or commerce, unless the net is stowed and secured on a boat; or
(b)use a relevant net for taking fish for trade or commerce.

Note—

See section 88 under which parts of the regulated waters are subject to prohibitions on possession or use of any nets.
(2)In this section—
relevant net means a cast net, mesh net, seine net or set pocket net.

s 123B ins 2015 SL No. 125 s 6

Part 13 General exceptions

124Application of pt 13

This part applies despite parts 3 to 12.

125Person may carry out prohibited activity under permit

(1)A person may carry out an activity in regulated waters that is prohibited under this chapter or a management plan if the person carries out the activity under a permit.
(2)This section applies subject to part 12A.

s 125 amd 2016 SL No. 193 s 6

126Possessing stowed and secured fishing apparatus

(1)This section applies if possessing fishing apparatus is prohibited in regulated waters under a provision of this chapter or a management plan, unless the provision provides otherwise.
(2)A person may possess fishing apparatus, other than an otter trawl net, in the waters if the apparatus is stored inboard a boat.
(3)A person may possess an otter trawl net in the waters if the net is stowed and secured on a boat.
(4)For subsection (3), an otter trawl net is stowed and secured on a boat if—
(a)during the daytime—
(i)the net and any other fishing apparatus normally used with it are drawn up to the boat and are visible from an aircraft or another boat; and
(ii)the net’s cod ends are open; and
(iii)the net’s lazy lines are on the blocks; and
(b)at night—
(i)the boat is at anchor in an area marked as an anchorage or boat harbour on a navigational chart; or
(ii)the net and other fishing apparatus are inboard the boat and are stored or suspended from a mast or boom.

Examples of other fishing apparatus—

otter boards or ground chains or ropes for an otter trawl net

127Fishing apparatus testing

(1)Subsection (2) applies if, under a provision of this chapter or a management plan, possessing or using a trawl net is prohibited in regulated waters.
(2)A person may possess or use a trawl net on a boat in the waters if—
(a)the use or possession is only for testing the net or other fishing apparatus normally used with the net; and
(b)the person in control of the boat has given the nearest Queensland Boating and Fisheries Patrol oral or written notice of the testing; and
(c)the net’s cod ends are open; and
(d)no fish are taken during the test.
(3)The notice must—
(a)be given at least 24 hours before the testing starts; and
(b)state—
(i)a square area, with boundaries no longer than 1n mile, where the testing is to happen; and
(ii)when the testing is to start and end.

Chapter 3 Regulated fish declarations

Part 1 Preliminary

128Operation of ch 3 and sch 2

(1)This chapter and schedule 2 provide for regulated fish declarations under sections 37(2) and 42 of the Act.
(2)Particular fish are declared to be regulated fish under part 2 and are regulated in the way stated under part 3 and schedule 2.
(3)Particular fish are also declared to be regulated fish under part 4 and are regulated in the way stated under that part.
(4)Part 5 regulates the number of fish that may be taken, and the form in which the fish may be possessed, by a recreational fisher on an extended licensed charter fishing trip.
(5)Part 6 provides for ways of measuring the size, volume or weight of particular fish to decide if the fish are regulated fish.
(6)Part 7 provides generally for exceptions to regulated fish declarations.

129Relationship with regulated waters declarations

(1)This section applies if an activity—
(a)is not prohibited under a regulated fish declaration; and
(b)would, if it were carried out in regulated waters, contravene a regulated waters declaration.
(2)To remove any doubt, it is declared that the carrying out of the activity is still a contravention of the regulated waters declaration.

Part 2 Regulated fish

130Declaration of particular fish as regulated fish

(1)Fish stated in schedule 2, part 2, column 1 and part 3, column 1 are declared to be regulated fish.
(2)Subsection (1) is subject to sections 131 to 138 and parts 5 and 7.

131Fish regulated by form

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1—
(a)the symbol ‘F’ is stated in schedule 2, part 2, column 2; and
(b)a form (the regulated form) of the fish is stated opposite the symbol in schedule 2, part 2, column 3.

Examples of forms of a fish—

a fish that is cut, filleted or processed in a particular way
(2)Only the identified fish in the regulated form are declared to be regulated fish.

132Fish regulated by gender or reproductive capacity

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1—
(a)the symbol ‘G’ is stated in schedule 2, part 2, column 2; and
(b)a gender (the regulated gender) or a description of the reproductive capacity of the fish (the regulated reproductive capacity) is stated opposite the symbol in schedule 2, part 2, column 3.

Example of a description of the reproductive capacity of a fish—

an egg bearing slipper lobster
(2)Only the identified fish of the regulated gender or regulated reproductive capacity are declared to be regulated fish.

133Fish regulated by number separately

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1—
(a)the symbol ‘N’ is stated in schedule 2, part 2, column 2; and
(b)a number (the regulated number) is stated opposite the symbol in schedule 2, part 2, column 3.
(2)Only the identified fish in excess of the regulated number are declared to be regulated fish.

134Fish regulated by number separately and in combination

(1)This section applies if—
(a)an entry in schedule 2, part 3, column 1 identifies particular fish separately and in combination; and
(b)a number (also the regulated number) is stated for the entry in schedule 2, part 3, column 3.
(2)The particular fish in excess of the regulated number are declared to be regulated fish.
(3)Also, any fish of the combination in excess of the regulated number are declared to be regulated fish.

135Fish regulated by size

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1, the symbol ‘S’ is stated in schedule 2, part 2, column 2.
(2)If a minimum size (the regulated minimum size) is stated opposite the symbol in schedule 2, part 2, column 3, only the identified fish that are smaller than the regulated minimum size are declared to be regulated fish.
(3)If a maximum size (the regulated maximum size) is stated opposite the symbol in schedule 2, part 2, column 3, only the identified fish that are larger than the regulated maximum size are declared to be regulated fish.
(4)For subsections (2) and (3), the size of a fish may be stated by reference to the size of a part of the fish, including, for example, if the fish is a crab, the size of its carapace.

136Fish regulated by volume

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1—
(a)the symbol ‘V’ is stated in schedule 2, part 2, column 2; and
(b)a volume (the regulated volume) is stated opposite the symbol in schedule 2, part 2, column 3.
(2)Only the identified fish in excess of the regulated volume are declared to be regulated fish.

137Fish regulated by weight

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1—
(a)the symbol ‘W’ is stated in schedule 2, part 2, column 2; and
(b)a weight (the regulated weight) is stated opposite the symbol in schedule 2, part 2, column 3.
(2)Only the identified fish in excess of the regulated weight are declared to be regulated fish.

138Declaration subject to condition

Despite sections 131 to 137, if the declaration of fish as regulated fish is subject to a condition, however expressed, stated in schedule 2, part 2, column 3 or part 3, column 3, the fish is declared to be regulated fish only if the condition is satisfied.

Example—

Under schedule 2, part 2 a shark (other than a grey reef shark, whitetip reef shark, speartooth shark, white shark or sandtiger shark) is declared to be regulated fish on the condition, stated in column 3 of the schedule, that the shark’s tail and all of its fins are not secured to its body.

s 138 amd 2011 SL No. 224 s 11

139Fish declared to be regulated fish in more than 1 way

Fish may be declared to be regulated fish in more than 1 way under this part.

Example—

Under schedule 2, part 2 black jewfish taken by recreational fishers in the Gulf of Carpentaria waters are regulated by number and size.

Part 3 Regulation of activities involving regulated fish

140Meaning of activity involving regulated fish

An activity involving regulated fish means—

(a)taking, buying, selling, possessing or using the regulated fish; or
(b)taking, buying, selling, possessing or using the regulated fish in a particular way.

141Particular activities involving regulated fish are prohibited activities

(1)Subject to subsections (2) and (3), for an entry for regulated fish identified in schedule 2, part 2, column 1 or part 3, column 1, an activity involving the regulated fish stated opposite the entry in schedule 2, part 2, column 4 or part 3, column 4 is a prohibited activity.
(2)If the activity is subject to a condition, however expressed, the activity is a prohibited activity involving regulated fish only if the condition is satisfied.

Examples—

1Under schedule 2, part 2 a person is prohibited from taking jungle perch only if the relevant stated condition, namely that the person is in possession of a spotted flagtail, is satisfied.
2Under schedule 2, part 2 a recreational fisher is prohibited from possessing a fillet of particular regulated coral reef fin fish only if the relevant stated conditions, namely that the fillet is not at least 40cm long and not all of the skin of the fillet is attached to it, are satisfied.
(3)If the activity is taking or possessing the fish, or taking or possessing the fish for trade or commerce, the activity is not a prohibited activity if the taking or possessing is carried out under a contract entered into by the chief executive for the establishment or management of the shark control program.
(4)For subsection (2), a prohibited activity involving regulated fish may be stated to apply only in a particular area.

Example—

Under schedule 2, part 2, taking silver perch is stated to be a prohibited activity if the fish are taken from waters of the Paroo River Basin or Warrego River Basin, other than waters on privately owned land that are not part of a waterway.

s 141 amd 2008 SL No. 448 s 26; 2009 SL No. 114 s 22

142Regulated person not to carry out prohibited activity involving regulated fish

(1)Subject to section 143, for an entry for regulated fish identified in schedule 2, part 2, column 1 or part 3, column 1, a person (a regulated person) stated opposite the entry in schedule 2, part 2, column 4 or part 3, column 4 must not carry out a prohibited activity involving the fish stated opposite the entry in schedule 2, part 2, column 4 or part 3, column 4.
(2)In this section—
person includes a member of a class of persons.

143Regulated fish declarations may apply differently

(1)For an entry for regulated fish identified in schedule 2, part 2, column 1 or part 3, column 1, regulated fish declarations may apply differently to a person or different persons by reference to different matters.

Example—

Under schedule 2, part 2, a person is prohibited from taking a grey mackerel less than 60cm. Also, a recreational fisher is prohibited from taking more than 5 of the fish.
(2)In this section—
person includes a member of a class of persons.

s 143 amd 2008 SL No. 448 s 27

Part 4 Declaration and regulation of particular regulated fish

Division 1 Declaration and regulation of total number of regulated coral reef fin fish

144Total number of regulated coral reef fin fish

(1)Any regulated coral reef fin fish in excess of 20 are declared to be regulated fish.
(2)A recreational fisher must not take more than 20 regulated coral reef fin fish.

Note—

There is an exception to this regulated fish declaration under section 150 (Extended number for regulated coral reef fin fish).

145When other regulated fish declarations apply despite s 144

(1)This section applies if a recreational fisher takes regulated coral reef fin fish of only 1 species regulated by number under a regulated fish declaration in schedule 2.
(2)This section also applies if—
(a)a recreational fisher takes regulated coral reef fin fish of more than 1 species regulated by number under 1 or more regulated fish declarations in schedule 2; and
(b)the total of the regulated numbers of the species is no more than 20.
(3)The regulated fish declarations mentioned in subsection (1) and (2) apply despite section 144.

Example—

A recreational fisher takes a combined total of 7 regulated coral trout of different species as allowed under a regulated fish declaration in schedule 2, part 3. Section 144 does not operate to allow the fisher to take more than 7 of the fish.

146When s 144 applies despite other regulated fish declarations

(1)This section applies if—
(a)a recreational fisher takes regulated coral reef fin fish of more than 1 species regulated by number under regulated fish declarations in schedule 2; and
(b)the total of the regulated numbers of the species would, apart from subsection (2), be more than 20.
(2)Section 144 applies despite the regulated fish declarations mentioned in subsection (1).

Example—

A recreational fisher takes 10 hussar and a combined total of 7 regulated coral trout as allowed under regulated fish declarations in schedule 2. The fisher would otherwise be able to take an additional 8 redthroat emperor under schedule 2 but section 144 operates to prevent the fisher from taking more than 3 redthroat emperor.

s 146 amd 2009 SL No. 61 s 14

147Fillets counted as whole fish

For this division and section 150, a person possessing 2 whole or partial fillets of a regulated coral reef fin fish is taken to possess 1 whole regulated coral reef fin fish.

Note—

See also section 184(7) of the Act which provides that if it is relevant to establish a person took fish, evidence that the person possessed the fish at any time is evidence that the person took the fish.

Division 2 Other particular declarations

148Particular fish taken from regulated waters

(1)This section applies if—
(a)a regulated person under chapter 2, parts 4 to 12, takes or possesses fish in regulated waters; and
(b)the taking or possession of the fish in the regulated waters contravenes a regulated waters declaration under chapter 2, parts 4 to 12; and
(c)the fish are outside the regulated waters.
(2)The fish are declared to be regulated fish.
(3)A person must not possess the fish.
(4)If there is an inconsistency between subsection (3) and another regulated fish declaration, subsection (3) prevails to the extent of the inconsistency.

Part 5 Special provisions for extended licensed charter fishing trips

Division 1 Application

149Application of pt 5

This part applies despite part 4, division 1 and schedule 2.

Division 2 Regulated coral reef fin fish

150Extended number for regulated coral reef fin fish

(1)Subsections (3) to (5) prescribe the number (the extended number) of regulated coral reef fin fish that may be—
(a)taken, during an extended licensed charter fishing trip, by a recreational fisher who is on a boat and taking part in the trip; and
(b)possessed by the fisher.
(2)However, subsections (3) to (5) apply only if the trip is conducted for a continuous period of at least 72 hours.
(3)Subject to subsections (4) and (5), the extended number of regulated coral reef fin fish of a particular species or a group of species is twice the regulated number of the fish for the species or group.
(4)If the trip is conducted for a continuous period of more than 72 hours and less than 168 hours, the extended number of regulated coral reef fin fish of all species or groups of species is a total of 40 fish.
(5)If the trip is conducted for a continuous period of more than 168 hours, the extended number of regulated coral reef fin fish of all species or groups of species is a total of 60 fish.

Note—

See also section 147.

151Form of regulated coral reef fin fish for extended licensed charter fishing trip

(1)This section applies if a recreational fisher takes regulated coral reef fin fish under section 150.
(2)The fisher may possess a fillet of the fish on the boat during the charter fishing trip but only if—
(a)all the skin on the fillet remains attached to the fillet; and
(b)the fillets of each species of fish taken are packaged separately; and
(c)each package is labelled with the common name of the species of fish in the package.

Division 3 Fin fish other than regulated coral reef fin fish

152Extended number for other particular fin fish

(1)This section applies to a recreational fisher who is, or has been, on a boat and taking part in an extended licensed charter fishing trip.
(2)The fisher may—
(a)during the charter fishing trip, take up to twice the regulated number of a species of fish mentioned in schedule 6, part 4; and
(b)possess the fish taken under paragraph (a).

s 152 amd 2016 SL No. 75 s 129 sch 12

153Form of other particular fin fish for extended licensed charter fishing trip

(1)This section applies if a recreational fisher takes a fin fish, other than a regulated coral reef fin fish, on a boat, during an extended licensed charter fishing trip.
(2)The fisher may possess the fish on the boat but only if the fisher ensures a square area of skin with sides of at least 3cm is left on the fish.

Part 6 Measurement of fish

Division 1 Size

154Balmain bug

The size of a Balmain bug must be decided by measuring the widest part of its carapace.

155Blue swimmer crab

(1)The size of a blue swimmer crab must be decided by measuring the distance between—
(a)the notch immediately forward of the base of the large lateral spine of the crab on one side of the crab; and
(b)the notch immediately forward of the base of the large lateral spine of the crab on the other side of the crab.
(2)The following figure is an example of the operation of subsection (1) in diagrammatic form—

graphic image

The distance between the 2 vertical dotted lines is the distance to be measured to decide the size of a blue swimmer crab.

156Moreton Bay bug

The size of a Moreton Bay bug must be decided by measuring the widest part of its carapace.

s 156 amd 2009 SL No. 61 s 15

157Fin fish (general provisions)

(1)The size of a fin fish is decided by measuring, with the fish in the required position—
(a)for a flathead, shark or ray—the distance along a straight horizontal line along the centre of the fish’s underside from the foremost point of the fish to the end of its tail; or
(b)for a fin fish, other than a fish mentioned in paragraph (a)—the distance along a straight horizontal line (the measurement line) along the fish’s side from its mouth to—
(i)the point on the measurement line where the fish’s tail ends; or
(ii)if part of the tail extends further than the point on the measurement line where the fish’s tail ends—the point on the measurement line corresponding in length with the end of the longest part of the fish’s tail.
(2)For subsection (1), the size of the fish must be measured without manipulating the fish, other than to the extent reasonably necessary to allow the fish to be measured as required under the subsection.
(3)In this section—
required position means—
(a)for a fish mentioned in subsection (1)(a)—lying on its underside; or
(b)for a fish mentioned in subsection (1)(b)—lying on its side with the dorsal fin facing outward and its mouth closed.
(4)The following figure is an example of the operation of subsections (1)(b) and (3), definition required position, in diagrammatic form—

graphic image

s 157 amd 2008 SL No. 448 s 28

157AFin fish (interdorsal length for shark or ray)

(1)The interdorsal length for a shark or ray must be decided by measuring the distance along a straight line between—
(a)the point where the posterior edge of the first dorsal fin is, or was, attached to the body; and
(b)the point where the posterior edge of the second dorsal fin is, or was, attached to the body.
(2)The following figure is an example of the operation of subsection (1) in diagrammatic form—

graphic image

The distance between the 2 vertical dotted lines is the distance to be measured to decide the interdorsal length for a shark or ray.

s 157A ins 2008 SL No. 448 s 29

158Mud crab

The size of a mud crab must be decided by measuring the widest part of its carapace.

s 158 sub 2009 SL No. 213 s 21

159Painted crayfish

The size of a painted crayfish must be decided by measuring, in a straight line—
(a)if its carapace is not damaged or missing—from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the cephalothorax; or
(b)if its carapace is damaged or separated from its body—along the dorsal surface from the anterior margin of the first abdominal somite to the posterior margin of the sixth abdominal somite, when the tail is laid flat on a horizontal surface.

160Pearl oyster

The size of a pearl oyster must be decided by measuring from the edge of its butt or hinge to the opposite edge of its shell, whether or not the shell is broken or chipped.

160ARed champagne lobster

The size of a red champagne lobster must be decided by measuring, in a straight line, from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the cephalothorax.

s 160A ins 2011 SL No. 224 s 12

161Three-spotted crab

The size of a three-spotted crab must be decided by measuring the widest part of its carapace.

s 161 amd 2009 SL No. 61 s 16

162Saucer scallop

The size of a saucer scallop must be decided by measuring the widest part of its shell, whether or not the shell is broken or chipped.

163Spanner crab

(1)The size of a spanner crab must be decided by measuring the shortest distance between—
(a)the tip of the spike at the middle of the front edge of its carapace; and
(b)the mid point of the rear edge of its carapace.
(2)If the carapace is damaged or separated from the crab’s body the size of the crab must be decided by measuring its sternite at the widest part of the front of its breastplate, located directly in front of the bases of the main claws.

164Trochus

The size of a trochus must be decided by measuring the widest part of the base of its shell.

Division 2 Total volume

165How total volume must be measured

(1)This section provides for how a total volume of fish must be measured.
(2)The volume of fish that are in a container (contained fish) must be measured by reference to the volume of the container when it is empty.

Editor’s notes—

1An empty container with internal dimensions of 571mm x 381mm x 305mm, commonly called a ‘lug basket’, has a capacity of approximately 66L.
2An empty container with internal dimensions of 605mm x 280mm x 90mm, commonly called a ‘prawn carton’, has a capacity of approximately 0.0153m3.
(3)For subsection (2), a fish is not a contained fish if any part of it protrudes above the top of the container.
(4)The volume of any of the fish that are not contained fish (uncontained fish) must be measured by—
(a)placing them in a container or containers so that no part of any of the fish protrudes above the top of the container or containers; and
(b)measuring the volume of each container when it is empty; and
(c)referring to the volume of the container or containers.
(5)The total volume of fish is worked out by adding together the volume of all of the contained and uncontained fish.

Division 3 Weight

166Green snails

(1)This section provides for how the weight of a green snail must be decided.
(2)The weight of a green snail is its empty shell weight.

Division 4 Quantity

167Threshold percentage of saucer scallops

(1)This section provides for working out the threshold percentage of undersized scallops that are included in a quantity of saucer scallops that have been taken or possessed by a person.
(2)The threshold percentage must be worked out by—
(a)counting all of the undersized scallops and expressing the number of undersized scallops as a percentage of the total number of saucer scallops taken or possessed; or
(b)statistical sampling and testing as follows—
(i)collecting information (the sample data) about the total number of saucer scallops taken or possessed by taking a random sample of the scallops and counting the number of undersized saucer scallops;
(ii)using the sample data and a statistical method to estimate, based on a probability of 95%, the percentage of the total number of undersized scallops taken or possessed.
(3)For subsection (2)(b), a saucer scallop that is not whole, including, for example, a saucer scallop that is cut, dismembered, shelled or shucked, must not be counted or included in a sample.
(4)In this section—
undersized scallops means saucer scallops that are less than the regulated minimum size provided for saucer scallops under a regulated fish declaration.

Part 7 General exceptions

168Application of pt 7

This part applies despite parts 2 and 3, part 4, division 1, part 5 and schedule 2.

169Person may carry out prohibited activity under permit

A person may carry out an activity that is a prohibited activity involving regulated fish under part 3 and schedule 2 if the person carries out the activity under a permit.

170Person possessing fish in regulated form for consumption on boat

A person may possess a fish in a regulated form if—
(a)the person takes and possesses the fish on a boat for consumption on the boat; and
(b)the fish remains on the boat at all times until it is consumed; and
(c)the fish is consumed immediately after it is modified to its regulated form.

s 170 sub 2012 SL No. 252 s 8

171Recreational fisher possessing fin fish for bait

(1)This section applies if a fin fish is regulated by form or number.
(2)A recreational fisher may possess 1 fin fish that the fisher has processed or is processing to use as bait for recreational fishing.

s 171 amd 2011 SL No. 224 s 13

172Person possessing fish in regulated form on a transport boat

A person may possess fish in a regulated form on a boat if—
(a)the boat is being used only for transporting people or vehicles; and
(b)the person is a paying passenger on the boat.

173Possession of regulated fish obtained from particular persons

A person may possess a regulated fish if—
(a)the fish has been cultivated in a way that was authorised under the Planning Act; or
(b)the fish has been sold by another person who was authorised to sell the fish.

s 173 amd 2009 SL No. 33 s 10

174Possession of fish for display in aquarium

A person may possess a regulated fish if the fish has been bred for display in an aquarium.

175Possession of mollusc shells

A person may possess a mollusc shell if each of the following apply—
(a)the person did not take the shell for trade or commerce;
(b)if the person took the mollusc in the shell, the person did not take the mollusc for trade or commerce.

s 175 amd 2016 SL No. 193 s 7

Chapter 4 Other fisheries declarations

Part 1 Regulated fishing apparatus declarations

Division 1 Preliminary

176Operation of pt 1

(1)This part provides for particular regulated fishing apparatus declarations under sections 37(3) and 42 of the Act.
(2)The fishing apparatus mentioned in divisions 2 to 4 is—
(a)declared to be regulated fishing apparatus; and
(b)regulated in the way stated for the apparatus in divisions 2 to 4.
(3)For subsection (2)(b), a regulated fishing apparatus declaration applies to a person to whom it is stated to apply in the way it is stated to apply.
(4)Division 5 provides generally for exceptions to regulated fishing apparatus declarations under this chapter or a management plan.

s 176 amd 2010 SL No. 35 s 5 sch 1

177Relationship with regulated waters declarations

(1)This section applies if an activity—
(a)is not prohibited under a regulated fishing apparatus declaration; and
(b)would, if it were carried out in regulated waters, contravene a regulated waters declaration.
(2)To remove any doubt, it is declared that the carrying out of the activity is still a contravention of the regulated waters declaration.

Division 2 Declarations applying generally

178Regulation of commercial fishing apparatus

(1)A person must not buy, sell, possess or use commercial fishing apparatus unless—
(a)the person holds an authority that authorises the purchase, sale, possession or use of the apparatus; or
(b)under this regulation or a management plan, the person is authorised to buy, sell, possess or use the apparatus.
(2)Despite subsection (1), an Aborigine or Torres Strait Islander may possess, but not use, a commercial fishing net without an authority if—
(a)the net has a mesh size of at least 50mm but no more than 215mm; and
(b)the net is no longer than 80m.
(3)A person must not sell commercial fishing apparatus to a person who is not authorised to buy the apparatus under an authority, this regulation or a management plan.

s 178 amd 2009 SL No. 61 s 17

179Using nets—general

(1)A person must not do any of the following things—
(a)join 2 or more nets;
(b)allow nets to overlap;
(c)set nets less than 1m apart;
(d)place a thing or do something else between 2 nets to stop fish escaping.
(2)However, subsection (1) does not apply if doing the thing is otherwise authorised under this regulation or a management plan.

180Prohibition of possession or use of purse seine nets

A person must not do the following in Queensland waters—
(a)possess a purse seine net;
(b)use a purse seine net to take fish.

Division 3 Declarations for trade or commerce

181Using nets in a commercial fishery

(1)A person using a net in a fishery area of a commercial fishery must not, without a reasonable excuse, do anything that effectively reduces the mesh size of the net below the minimum size stated for the net in this regulation or a management plan.

Examples of doing something that effectively reduces a net’s mesh size—

covering a net or overlapping nets
(2)However, subsection (1) does not apply if doing something that effectively reduces a net’s mesh size is otherwise authorised under this regulation or a management plan.

Division 4 Declarations for recreational fishers

Subdivision 1 Regulation of particular fishing apparatus in non-tidal waters

sdiv hdg sub 2010 SL No. 35 s 6

182Application of sdiv 1

This subdivision applies to a recreational fisher for taking fish in non-tidal waters.

s 182 sub 2010 SL No. 35 s 6

183Prohibition of use of particular nets

A recreational fisher must not use a cast net or seine net.

s 183 sub 2010 SL No. 35 s 6

184Scoop nets

A recreational fisher may use a scoop net only if the net—
(a)is no more than 1m in all its dimensions; and
(b)has a mesh size of no more than 25mm and a handle or shaft no longer than 2.5m.

s 184 sub 2010 SL No. 35 s 6

185Canister traps

A recreational fisher may use a canister trap only if—
(a)the trap—
(i)is open at 1 end; and
(ii)has a diameter at its open end of no more than 50cm; and
(iii)is no longer than 60cm; and
(b)the trap’s diameter, width or height, measured anywhere along its length, is no more than the diameter, width or height of its open end; and
(c)if the trap does not have a mesh made of rigid material, the size of its mesh is no more than 25mm.

s 185 amd 2008 SL No. 384 s 7

sub 2010 SL No. 35 s 6

185ACollapsible traps

A recreational fisher may use a collapsible trap.

s 185A ins 2008 SL No. 384 s 8

sub 2010 SL No. 35 s 6

185BDillies

A recreational fisher may use a dilly only if the dilly has—
(a)a diameter of no more than 125cm; and
(b)a mesh size of no more than 25mm.

s 185B ins 2010 SL No. 35 s 6

185CFunnel traps

A recreational fisher may use a funnel trap only if—
(a)the trap—
(i)has no more than 4 entrances; and
(ii)is no longer than 70cm, no wider than 50cm and no higher than 50cm; and
(b)for a trap that does not have a mesh made of rigid material—the size of the mesh is no more than 25mm; and
(c)the trap has an entrance made of rigid material; and
(d)for a trap used in eastern non-tidal waters—the trap’s entrance is no more than 5cm in all its dimensions; and
(e)for a trap used in non-tidal waters other than eastern non-tidal waters—the trap’s entrance is no more than 10cm in all its dimensions.

s 185C ins 2010 SL No. 35 s 6

sub 2014 SL No. 282 s 7

185CA Pyramid traps

A recreational fisher may use a pyramid trap only if—
(a)the trap—
(i)is a pyramid shape; and
(ii)has no more than 1 entrance; and
(iii)has a base of no more than 60cm in length and width; and
(iv)is no less than 15cm in height; and
(v)has a mesh size of no more than 25mm; and
(b)the trap’s entrance—
(i)is no less than 15cm in all its dimensions; and
(ii)is made of rigid material; and
(iii)is at the narrow end of the trap; and
(iv)is parallel to the base of the trap.

s 185CA ins 2014 SL No. 282 s 7

185DRound traps

A recreational fisher may use a round trap only if—
(a)the trap—
(i)has no more than 4 entrances; and
(ii)has a diameter of no more than 70cm; and
(iii)is no higher than 50cm; and
(b)for a trap that does not have a mesh made of rigid material—the size of the mesh is no more than 25mm; and
(c)the trap has an entrance made of rigid material; and
(d)for a trap used in eastern non-tidal waters—the trap’s entrance is no more than 5cm in all its dimensions; and
(e)for a trap used in non-tidal waters other than eastern non-tidal waters—the trap’s entrance is no more than 10cm in all its dimensions.

s 185D ins 2010 SL No. 35 s 6

sub 2014 SL No. 282 s 7

185EFreshwater traps

(1)A recreational fisher may use a canister trap, collapsible trap, dilly, funnel trap, pyramid trap or round trap (each of which is a freshwater trap) only if the fisher uses the trap for taking freshwater fish in compliance with subsections (2) to (4).
(2)The fisher must not use more than a total of 4 freshwater traps, including any combination of freshwater traps, to take freshwater fish.
(3)Also, the fisher must ensure—
(a)a tag, on which is written the surname and address of the owner of the freshwater trap, is attached to the trap; and
(b)while the trap is being used, it is attached to—
(i)something that is stationary above the surface of the water; or
(ii)a float that complies with subsection (4).
(4)The float must—
(a)be solid, light coloured and clearly visible on the surface of the water; and
(b)be at least 15cm in all its dimensions; and
(c)have written on it the surname of the owner of the freshwater trap to which it is attached.

s 185E ins 2010 SL No. 35 s 6

amd 2014 SL No. 282 s 8

185FFishing lines and hooks

(1)This section does not apply to the use of a fishing line or set line in waters, other than waters of a waterway, on privately owned land.

Example of waters to which the section does not apply—

a pond or dam, that is not part of a waterway, on private land
(2)A recreational fisher must not—
(a)at any one time, use more than 6 fishing lines; or
(b)use a set line; or
(c)set a fishing line as a cross-line; or
(d)attach more than 1 hook or lure to a fishing line the fisher is using; or
(e)be more than 50 metres from any fishing line the fisher is using.

s 185F ins 2010 SL No. 35 s 6

amd 2014 SL No. 282 s 9

Subdivision 2 Regulation of particular fishing apparatus in tidal waters

186Application of sdiv 2

This subdivision applies to a recreational fisher for taking fish in tidal waters or on tidal land.

s 186 amd 2010 SL No. 35 s 5 sch 1

187Prohibition of use of particular traps

A recreational fisher must not use a canister trap, funnel trap or a round trap.

187ACast nets

A recreational fisher may use or possess a cast net only if the net—
(a)is no longer than 3.7m; and
(b)has a mesh size of no more than 28mm.

s 187A ins 2010 SL No. 35 s 7

amd 2011 SL No. 224 s 14

187BScoop nets

A recreational fisher may use a scoop net only if the net—
(a)is no more than 2m in any dimension; and
(b)has a mesh size of at least 25mm and a handle or shaft no longer than 2.5m.

s 187B ins 2010 SL No. 35 s 7

187CSeine nets

A recreational fisher may use or possess a seine net only if—
(a)the net—
(i)is no longer than 16m; and
(ii)has a mesh size of no more than 28mm; and
(iii)does not contain a pocket; and
(iv)is not fixed; and
(b)the net’s drop is no more than 3m.

s 187C ins 2010 SL No. 35 s 7

amd 2011 SL No. 224 s 15

188Possessing or using crab apparatus

(1)A recreational fisher—
(a)must not possess or use more than a total of 4 items of crab apparatus in any waters; and
(b)may use crab apparatus only in compliance with subsections (2) and (3).
(2)The recreational fisher must ensure that—
(a)a tag, on which is written the surname and address of the owner of the crab apparatus, is attached to the apparatus; and
(b)the crab apparatus is attached by a rope to either—
(i)a float complying with subsection (3); or
(ii)a fixed object above the high water mark, including for example, a jetty or tree; and
(c)if the crab apparatus is attached to a fixed object under paragraph (b)(ii)—a tag, on which is written the surname of the owner of the apparatus, is attached to the part of the rope above the high water mark.
(3)For subsection (2)(b)(i), the float must—
(a)be light coloured and clearly visible on the surface of the water; and
(b)be at least 15cm in all its dimensions; and
(c)have written on it the surname of the owner of the crab apparatus to which it is attached.
(4)In this section—
crab apparatus means any of the following items—
(a)a crab pot, collapsible trap or dilly;
(b)a device that is a combination of 2 or more things mentioned in paragraph (a).

s 188 amd 2008 SL No. 384 s 9; 2009 SL No. 213 s 22; 2008 SL No. 431 s 17; 2011 SL No. 106 s 9; 2011 SL No. 224 s 16; 2016 SL No. 193 s 8

189Using fishing lines and hooks

(1)A recreational fisher must not use more than 3 fishing lines at a time.
(2)Also, the fisher must not attach more than a total of 6 hooks or lures to the fishing lines the fisher is using.

Example—

A recreational fisher might use—
(a)1 fishing line with 6 hooks attached; or
(b)2 fishing lines each with 1 lure attached and another fishing line with 4 hooks attached.
(3)A recreational fisher must not use a set line.

s 189 amd 2008 SL No. 156 s 12; 2012 SL No. 252 s 9

190Using hand-held forks

A recreational fisher may use a hand-held fork only for taking worms.

191Using hand pumps

A recreational fisher may use a hand pump only for taking yabbies.

192[Repealed]

s 192 sub 2008 SL No. 448 s 30; 2010 SL No. 35 s 8

om 2016 SL No. 193 s 9

194Using spears or spear guns

A recreational fisher may use a spear or a spear gun.

Note—

See schedule 11, part 2, definition recreational fishing apparatus, paragraphs (o) and (p).

s 194 amd 2008 SL No. 156 s 14

Division 5 General exception

195Person may carry out prohibited activity under permit

(1)This section applies despite divisions 2 to 4.
(2)A person may carry out an activity that is prohibited under divisions 2 to 4 or a management plan if the person carries out the activity under a permit.

Part 2 Regulated fishing method declarations

Division 1 Preliminary

196Operation of pt 2

(1)This part provides for regulated fishing method declarations under sections 37(4) and 42 of the Act.
(2)Each fishing method mentioned in division 2 or 3 is—
(a)declared to be a regulated fishing method; and
(b)regulated in the way stated in division 2 or 3.
(3)For subsection (2)(b), a regulated fishing method declaration applies to a person to whom it is stated to apply in the way it is stated to apply.
(4)Division 4 provides generally for exceptions to regulated fishing method declarations.

s 196 amd 2014 SL No. 282 s 10

Division 2 Declarations applying generally

197Taking fish using fishing apparatus

(1)This section applies to a person using fishing apparatus for—
(a)taking fish unintentionally; or
(b)taking other fish the person does not intend to keep.
(2)The person must immediately release the fish into water deep enough to allow the fish to escape.
(3)The person must not allow a part of the apparatus containing a fish to be out of the water other than to immediately remove the fish from the apparatus.
(4)Subsections (2) and (3) do not apply if the person has a reasonable excuse.

s 197 sub 2008 SL No. 448 s 31

amd 2016 SL No. 193 s 10

198Particular fishing methods prohibited

(1)A person must not take fish in any of the following ways—
(a)by jagging or foul-hooking;
(b)using underwater breathing apparatus, other than a snorkel;
(c)using a crab hook;
(d)using fishing apparatus across a waterway or navigation channel in a way that makes more than half of its width impassable to a boat or fish.
(2)In this section—
crab hook means a hook, other than a baited hook, used for impaling or extracting crabs.
jagging or foul-hooking means using a device consisting of a hook or a collection of hooks that is used, other than with a lure or bait, for taking fish.

Division 3 Declarations applying to recreational fishers

198ATaking fish using particular bait

A recreational fisher may take fish from non-tidal waters using bait taken from tidal waters only if the bait has been cooked, frozen or preserved.

Examples of ways in which bait may be preserved—

dried, freeze dried, pickled, preserved in alcohol, salted

s 198A ins 2014 SL No. 282 s 11

199[Repealed]

s 199 om 2016 SL No. 193 s 11

Division 4 General exception

200Person may carry out prohibited activity under permit

(1)This section applies despite divisions 2 and 3.
(2)A person may carry out an activity that is prohibited under division 2 or 3 if the person—
(a)carries out the activity under a permit; or
(b)is otherwise authorised to carry out the activity under this regulation or a management plan.

Chapter 5 Authorities

Part 1 Preliminary

201Simplified outline of ch 5

In outline, this chapter provides for authorities and related matters as follows—
(a)part 2 describes particular types of authorities that may be issued and sets out provisions applying generally to authorities and to more than 1 type of authority;
(b)parts 3 to 5 provide generally for particular types of authorities, other than authorities relating to commercial fishing;
(c)part 6 provides generally for authorities relating to commercial fishing;
(d)parts 7 to 9 provide for particular authorities relating to commercial fishing.

Part 2 General provisions about authorities

Division 1 Types of authorities

Subdivision 1 Prescribed authorities

202Purpose of sdiv 1

This subdivision prescribes particular authorities that the chief executive may issue under the Act.

Notes—

1Authority is defined in the schedule of the Act as follows—

authority means—

(a)a licence, permit, resource allocation authority or other authority issued, and in force, under this Act; or
(b)a quota in force under this Act.’
2Under section 49(1) of the Act authorities may also be prescribed under a management plan.

203Types of authorities

The types of authorities the chief executive may issue, other than a quota, are the following—
(a)resource allocation authorities;

Note—

Part 3 provides for matters relating to the issue of, and authorisation under, resource allocation authorities.
(b)permits;
(c)licences.

204Types of permits

(1)The types of permit the chief executive may issue are the following—
(a)developmental fishing permits;
(b)indigenous fishing permits;
(c)stocked impoundment permits;
(d)a filleting permit to the holder of an RQ fishery licence;
(e)a permit for an activity mentioned in subsection (2) (a general fisheries permit).

Note—

Part 4 provides for matters relating to the issue of, and authorisation under, particular permits.
(2)Subject to part 4, division 1, the chief executive may issue a general fisheries permit for an activity that—
(a)is not able to be carried out under another type of authority; and
(b)is carried out for any purpose, regardless of whether it is for a commercial purpose or a non-commercial purpose.

Example of activity carried out for a commercial purpose—

collection of fish for aquaculture

Example of activity carried out for a non-commercial purpose—

fisheries research and monitoring
(3)For a general fisheries permit for an activity for which the sole or main purpose is a commercial purpose, the chief executive must state a term for the permit that ends on a day that is not more than 2 years after the day on which the permit was issued.

s 204 amd 2010 SL No. 35 s 9; 2012 SL No. 252 s 10; 2013 SL No. 270 s 5; 2015 SL No. 12 s 8

205Types of licences

The types of licence the chief executive may issue are the following—
(a)a carrier boat licence;
(b)a charter fishing licence;
(c)a commercial fisher licence;
(d)a commercial fishing boat licence;
(e)a commercial harvest fishery licence.

Note—

Part 5 provides for matters relating to licences mentioned in paragraphs (a) and (b) and parts 6 to 9 provide for matters relating to the licences mentioned in paragraphs (c) to (e).

s 205 amd 2009 SL No. 33 s 11

Subdivision 2 Quota authorities

sdiv hdg sub 2015 SL No. 12 s 9

206Types of quota authorities

(1)The following types of quota authorities are provided for under this regulation—
(a)SM units under chapter 10, parts 2 to 6;
(b)CT line units, OS line units and RTE line units under chapter 10A, parts 2 to 6;
(c)ITQ units under chapter 11, part 1A, division 7;
(d)T4-ITQ units under chapter 11, part 3, division 5.
(2)The following types of quota authorities are provided for under the East Coast Trawl Plan—
(a)T1 effort units;
(b)T2 effort units.

s 206 sub 2010 SL No. 35 s 10

amd 2014 SL No. 328 s 5

sub 2015 SL No. 12 s 9

Division 1A Activities for which authorities can not be issued

div 1A (s 207A) ins 2011 SL No. 236 s 4

207AProhibition on issue of authority authorising the use of bottom set line in Gulf of Carpentaria waters

The chief executive can not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.

div 1A (s 207A) ins 2011 SL No. 236 s 4

Division 2 Authorisations under authorities

208Authorisations subject to regulation, management plans and authorities

(1)This section applies if an activity is authorised to be carried out under an authority under—
(a)a provision in—
(i)parts 3 to 9; or
(ii)chapter 6, part 5; or
(iii)chapters 7 to 11; or
(b)a management plan; or
(c)the authority itself.
(2)The carrying out of the activity is subject to any relevant prohibitions or restrictions under this regulation, a management plan or the authority itself.

Examples of relevant restrictions—

restrictions under fisheries declarations under chapter 2, 3 or 4
conditions applying generally to licences with fishery symbols under chapter 6, part 6

s 208 amd 2008 SL No. 156 ss 15, 2 sch

209Authority holder only requires 1 authority for an activity

(1)This section applies to the holder of an authority if the authority authorises an activity for which another authority may be issued under this regulation or a management plan.
(2)The holder of the authority does not require another authority for the activity.

Division 3 Register of authorities

210Particulars to be contained in register—Act, s 73

For section 73(2) of the Act, the register must contain the following particulars about each authority issued by the chief executive—
(a)the type, category and number of the authority;
(b)the fishery symbols, if any, written on the authority;
(c)the authority holder’s full name;
(d)the holder’s postal address;
(e)other relevant particulars about each boat identified in the authority;
(f)third party interests in the authority, if any, notified to the chief executive;
(g)for all quota authorities of the same type held by the same person—
(i)the person’s name; and
(ii)the number of authorities held by the person; and
(iii)if conditions have been imposed on any of the authorities—the conditions; and
(iv)if any of the authorities are suspended—the number of the authorities and the period of the suspension;
(h)for an ‘M2’ licence under the East Coast Trawl Plan—
(i)the boat mark for the boat identified in the licence; and
(ii)the boat’s hull units, beam, depth and length worked out under that plan; and
(iii)the boat’s main engine power in maximum continuous brake kW.

s 210 amd 2011 SL No. 224 s 17

211Holder to notify chief executive of particular changes—Act, s 73

For section 73(3) of the Act, an authority holder must give the chief executive written particulars of any of the following changes in circumstances—
(a)a change of the holder’s name;
(b)if the holder is an individual—a change of the holder’s residential, business or postal address;
(c)if the holder is a corporation—
(i)a change of the address of the holder’s registered office; or
(ii)a change of the address of the holder’s office, if any, in the State; or
(iii)a person becoming, or ceasing to be, an executive officer of the holder;
(d)a change in a third party interest in the authority notified to the chief executive;
(e)a change in details contained in the register about a boat identified in the authority.

Division 4 Other matters

212Authorities that continue after holder’s death—Act, s 70C

The following authorities are prescribed for section 70C(1) of the Act—
(a)a charter fishing licence;
(b)a commercial fishing boat licence;
(c)a commercial harvest fishery licence;
(d)an effort unit;
(e)an ITQ unit;
(f)a line unit;
(g)a resource allocation authority;
(h)an SM unit.

s 212 amd 2009 SL No. 33 s 12

213Authorities in which inspectors may have an interest

An inspector may hold or have an interest in an authority for—
(a)conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or
(b)taking or possessing fish for stocking waters; or
(c)releasing fish; or
(d)taking fish from a stocked impoundment by using a fishing line; or
(e)performing the inspector’s functions.

s 213 amd 2010 SL No. 35 s 5 sch 1; 2014 SL No. 282 s 12; 2016 SL No. 193 s 12

Part 3 Resource allocation authorities

Division 1 Preliminary

214Meaning of prescribed development purpose for declared fish habitat area

A prescribed development purpose for a declared fish habitat area, means any of the following in, or directly affecting, the area—
(a)restoring the fish habitat or natural processes;

Examples—

reinstating tidal profiles for allowing restoration of marine plant communities
restoring tidal flows and inundation patterns
(b)managing fisheries resources or fish habitat;

Example—

constructing a boardwalk for public access within a declared fish habitat area for preventing uncontrolled disturbance of the habitat
(c)researching, including monitoring, or educating;
(d)ensuring public health or safety;
(e)providing public infrastructure to facilitate fishing;

Examples of public infrastructure—

a boat ramp or jetty for public use
(f)providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;
(g)constructing a temporary structure;
(h)maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act;
(i)maintaining a structure, other than a structure mentioned in paragraph (h), that has been lawfully constructed;
(j)for a part of the area that is a management B area—
(i)constructing a permanent structure on tidal land or within the area; or
(ii)depositing material for beach replenishment in the area.

Division 2 Issue of and authorisation under resource allocation authorities

215Restriction on issue of particular resource allocation authorities

(1)The chief executive may issue a resource allocation authority for a prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.
(2)Also, before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates—
(a)the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;
(b)for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;
(c)for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.

216Authorisation under resource allocation authority

(1)A resource allocation authority holder may do any of the following under the authority—
(a)for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d)—interfere with the declared fish habitat area mentioned in the authority;
(b)for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;
(c)for an authority relating to development that is operational work impacting on marine plants that is dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority;
(2)However, the holder may do an act mentioned in subsection (1) only if—
(a)the holder does the act in relation to the development to which the authority relates; and
(b)the development is carried out in a way that is authorised under the Planning Act.

s 216 amd 2009 SL No. 280 s 76; 2017 SL No. 103 s 59

Part 4 Permits

Division 1 Restrictions on issue of particular permits

217Prohibition on issue of permit for possessing or using purse seine net

The chief executive can not issue a permit allowing any of the following—
(a)possessing a purse seine net;
(b)using a purse seine net to take fish;
(c)possessing fish taken in contravention of paragraph (b).

218Restriction on issue of permit for taking or possessing maray or Australian sardine

(1)The chief executive can not issue a permit allowing the taking or possession of maray or Australian sardines for trade or commerce.
(2)However, subsection (1) does not apply if—
(a)the permit allows the taking or possession of maray or Australian sardines for only 1 of the following—
(i)to use as bait for fishing under a commercial fishing boat licence or commercial fisher licence held by the person applying for the permit;
(ii)to use as food for display fish;
(iii)for research; or
(b)the permit is a replacement permit issued under section 71 of the Act.

s 218 amd 2009 SL No. 61 s 18

218ARestriction on issue of general fisheries permit for taking fish in particular regulated waters

The chief executive can not issue a general fisheries permit allowing the taking of fish in, or the possessing of fish taken in, the regulated waters mentioned in section 34A unless the permit is for an activity for which any of the following is the sole or main purpose—
(a)research;
(b)environmental protection;
(c)public health;
(d)public safety.

s 218A ins 2011 SL No. 224 s 18

amd 2012 SL No. 252 s 11; 2013 SL No. 270 s 6

218BProhibition on issue of developmental fishing permit for use of set mesh nets in Gulf of Carpentaria waters

The chief executive may issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters only if the permit is a replacement of a developmental fishing permit under which the use of a set mesh net in the Gulf of Carpentaria waters is authorised.

s 218B ins 2011 SL No. 236 s 5

218C Prohibition on issue of permits for taking or possessing freshwater fish for trade or commerce

(1)The chief executive can not issue a permit allowing the taking or possession of freshwater fish for trade or commerce.
(2)However, subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used by the permit holder for broodstock for aquaculture.

s 218C ins 2016 SL No. 74 s 4

Division 2 Authorisations under particular permits

219Developmental fishing permit

A person who holds a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—
(a)assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery, other than a commercial fishery, identified in the permit;
(b)buy, use or possess fishing apparatus to carry out the assessment;
(c)take, possess and process fish taken for carrying out the assessment;
(d)sell the fish.

s 219 amd 2009 SL No. 33 s 13

220Indigenous fishing permit

An person who holds an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—
(a)assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a commercial fishery identified in the permit;
(b)buy, use or possess fishing apparatus to carry out the assessment;
(c)take, possess and process fish taken for carrying out the assessment;
(d)sell the fish.

s 220 amd 2009 SL No. 33 s 14

220AStocked impoundment permit

A person who holds a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.

s 220A ins 2010 SL No. 35 s 11

amd 2014 SL No. 282 s 13

220AAFilleting permit

The holder of a filleting permit, or a commercial fisher acting under a filleting permit, may fillet regulated coral reef fin fish stated on the permit but only on board a primary boat identified in the RQ fishery licence held by the permit holder.

s 220AA ins 2015 SL No. 12 s 10

Division 3 Conditions under particular permits

div 3 (s 220B) ins 2010 SL No. 35 s 11

220BGeneral fisheries permit for release of non-indigenous fisheries resources into non-tidal waters

(1)This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.
(2)It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 10B.

div 3 (s 220B) ins 2010 SL No. 35 s 11

Part 5 Licences, other than licences for commercial fishing

Division 1 Carrier boat licence

div hdg prev div 1 hdg om 2009 SL No. 33 s 15

pres div 1 hdg (prev div 2 hdg) renum 2009 SL No. 33 s 16

221Restriction on issue of licence for regulated coral reef fin fish

(1)The chief executive must not issue a carrier boat licence allowing the carriage of regulated coral reef fin fish.
(2)However, the chief executive may issue a replacement for a licence mentioned in subsection (1) if—
(a)the licence was issued before the original notification day; and
(b)the holder applying for the replacement has held the licence continuously from the original notification day; and
(c)the application is for the replacement of the licence on the same, or substantially the same, conditions.
(3)In this section—
original notification day means 12 September 2003.

Editor’s note—

The repealed Fisheries (Coral Reef Fin Fish) Management Plan 2003 was notified in the gazette on 12 September 2003.

s 221 prev s 221 om 2009 SL No. 33 s 15

pres s 221 ins 2015 SL No. 12 s 11

222[Repealed]

s 222 om 2009 SL No. 33 s 15

222ARestriction on issue of licence for commercial spanner crab fishery (managed area A)

(1)The chief executive must not issue a carrier boat licence that allows the use of a boat in the fishery area for the commercial spanner crab fishery (managed area A).
(2)However, the chief executive may issue a replacement for a licence mentioned in subsection (1).

Note—

See chapter 11, part 1A (Commercial spanner crab fishery (managed area A) (‘C2’)), section 600C (Fishery area).

s 222A ins 2010 SL No. 35 s 12

amd 2011 SL No. 106 s 10

222BRestriction on issue of licence for commercial spanner crab fishery (managed area B)

The chief executive must not issue a carrier boat licence to carry spanner crabs taken in the fishery area for the commercial spanner crab fishery (managed area B) for—
(a)a primary boat identified in a commercial fishing boat licence on which the fishery symbol ‘C3’ is written; or
(b)a tender boat for a primary boat mentioned in paragraph (a).

Note—

See chapter 11, part 1B (Commercial spanner crab fishery (managed area B) (‘C3’)), section 600Z (Fishery area).

s 222B ins 2010 SL No. 35 s 12

amd 2011 SL No. 106 s 11

223Authorisation under carrier boat licence

A person who holds a carrier boat licence may under the licence—
(a)use the boat identified in the licence to carry fish taken for trade or commerce by—
(i)a commercial fisher or assistant fisher; or
(ii)someone else who, under this regulation or a management plan, is authorised to take fish for trade or commerce under another authority; or
(b)authorise someone else to use the boat in the way mentioned in paragraph (a).

223AAuthorisation under carrier boat licence for regulated coral reef fin fish

It is a condition of a carrier boat licence allowing the carriage of regulated coral reef fin fish that a boat identified in the licence must not be used to carry live regulated coral reef fin fish unless—
(a)the boat is also identified in a commercial fishing boat licence; and
(b)the fish were taken from any of the following—

(i)the boat;
(ii)if the boat is a tender boat—the boat’s primary boat;
(iii)if the boat is a primary boat—a tender boat of the primary boat.

s 223A ins 2015 SL No. 12 s 12

Division 2 Charter fishing licence

div hdg (prev div 3 hdg) renum 2009 SL No. 33 s 16

224Authorisation under charter fishing licence

A person who holds a charter fishing licence may under the licence—
(a)conduct charter fishing trips in offshore waters; or
(b)authorise someone else to conduct charter fishing trips in offshore waters.

225Condition of charter fishing licence

It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip unless—
(a)the maray or Australian sardines are taken to use as bait for fishing during the trip; and
(b)the taking complies with chapter 4, part 1, division 4.

s 225 amd 2009 SL No. 61 s 19

Part 6 General provisions about authorities for commercial fishing

Division 1 Authorities for sale of fisheries resources

226Conditions of authority

(1)This section prescribes conditions for an authority that authorises a person to sell fisheries resources.
(2)If the authority states the way in which fisheries resources may be sold, a person may sell fisheries resources under the authority only in the stated way.
(3)Subsection (4) applies if—
(a)a fishery symbol is written on the authority; and
(b)a fishery provision about a commercial fishery identified by the fishery symbol states the way in which fisheries resources may be sold.
(4)A person may sell fisheries resources under the authority only in the way stated in the fishery provision.
(5)This section does not limit another provision of this regulation or a management plan applying to the sale of fisheries resources by the authority holder or another person acting under the authority.

Division 2 Conditions about boat marks

227Application of div 2

This division applies to an authority that authorises the use of a boat (an authorised boat) if—
(a)the authority states a sequence of letters or numbers for the boat; or
(b)the chief executive has given the authority holder a written notice (a boat mark notice) stating a sequence of letters or numbers for the boat.

228Reference to a boat mark for an authorised boat

A reference to a boat mark for an authorised boat used under an authority is a reference to—
(a)if the authorised boat is a primary boat or another boat identified in the authority—the sequence of letters or numbers for the boat stated in the authority or boat mark notice issued for the boat; or
(b)if the authorised boat is a tender boat or another boat not identified in the authority—the sequence of letters or numbers for the boat stated in the authority or boat mark notice, followed by—
(i)a dash; and
(ii)a number, chosen by the authority holder, that is not the same as the number for any other authorised boat of a type mentioned in this paragraph that is used under the authority.

229Requirements for attaching or placing boat mark on authorised boat

(1)It is a condition of the authority that the authority holder must ensure the boat mark for the authorised boat is placed on the boat in a way that complies with subsections (2) to (7).
(2)The boat mark must be written in black on a yellow background.
(3)If the boat has a length of less than 10m—
(a)each letter or number in the boat mark must have a height of at least 20cm; and
(b)each stroke or serif of the letter or number must have a width of at least 2cm but no more than 2.5cm.
(4)If the boat has a length of 10m or more but less than 25m—
(a)each letter or number in the boat mark must have a height of at least 30cm; and
(b)each stroke or serif of the letter or number must have a width of at least 3.5cm but no more than 4cm.
(5)If the boat has a length of 25m or more—
(a)each letter or number in the boat mark must have a height of at least 45cm; and
(b)each stroke or serif of the letter or number must have a width of at least 6cm but no more than 6.5cm.
(6)The boat mark must be—
(a)if the authorised boat is a primary boat or another boat identified in the authority—attached to each side of the primary boat’s hull; and
(b)if the authorised boat is a tender boat or another boat not identified in the authority—placed on each side of the tender boat’s hull; and
(c)placed on—
(i)if the boat has a deck or shelter at its front—the deck or shelter or an enclosed cabin or wheelhouse on the deck; or
(ii)otherwise—a flat surface on the boat.
(7)The boat mark must not—
(a)be attached or placed below the water line of the boat; or
(b)otherwise be obscured from view; or
(c)be removed from the boat’s hull, or replaced with another boat mark on the boat’s hull, during a fishing trip on the boat.

s 229 amd 2016 SL No. 193 s 13

230Authorised boat must not be used without boat mark

It is also a condition of the authority that a person in control of an authorised boat must not use the boat, or allow it to be used, to take fish for trade or commerce, unless a boat mark for the boat has been attached to or placed, and remains, on the boat in compliance with section 229.

s 230 amd 2016 SL No. 193 s 14

231Requirement to remove boat mark

(1)It is a condition of the authority that the holder must remove the boat mark from an authorised boat if—
(a)the boat is replaced; or
(b)the authority expires; or
(c)the authority is surrendered or cancelled.
(2)This section applies whether or not the boat mark has been attached to or placed on the boat, or allowed to remain on the boat, in a way that complies with section 229.
(3)In this section—
holder, of an authority that has expired, or has been surrendered or cancelled, means the person who held the authority immediately before the expiry, surrender or cancellation.

s 231 amd 2016 SL No. 193 s 15

Part 7 Commercial fisher licence

Division 1 Authorisation—general

232Authorisation—commercial fisher

A person who holds a commercial fisher licence may do any of the following under the licence—
(a)buy commercial fishing apparatus;
(b)possess commercial fishing apparatus;
(c)use commercial fishing apparatus, but only while using a commercial fishing boat under a commercial fishing boat licence on which is written a fishery symbol authorising the use of the apparatus;
(d)take fish for trade or commerce, but only while using a commercial fishing boat under a commercial fishing boat licence;
(e)possess the fish;
(f)sell the fish;
(g)process the fish.

s 232 amd 2009 SL No. 33 s 17; 2010 SL No. 164 s 32

233Authorisation—assistant fisher

(1)Subject to subsections (2) to (4), a person who holds a commercial fisher licence may authorise someone else (an assistant fisher) to do a thing under the licence that the commercial fisher may do under section 232.

Note—

For the fishery under the East Coast Trawl Plan there are restrictions on what an assistant fisher may do. See section 33 (Assistant fishers) of that plan.
(2)An assistant fisher may do a thing mentioned in section 232(b) to (d) under a commercial fisher licence only if the assistant fisher is acting under direction of the commercial fisher.
(3)An assistant fisher may do a thing mentioned in section 232(e) to (g) under a commercial fisher licence on a boat only if the assistant fisher is acting under direction of the commercial fisher.
(4)An assistant fisher may do a thing mentioned in section 232(a), (b), (e), (f) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions.

s 233 amd 2010 SL No. 164 s 33; 2011 SL No. 224 s 19; 2013 SL No. 270 s 7

Division 2 Authorisation—fishing priority

Subdivision 1 Preliminary

234Definitions for div 2

In this division—
ocean beach fishery flag, for an ocean beach net area, means a flag that—
(a)is orange; and
(b)has an area of at least 1m2; and
(c)has the following written on it—
(i)the boat mark for the boat being used to take fish in the ocean beach net area; and
(ii)the words ‘fishing priority’.
ocean beach net area means an area of an ocean beach fishery that is—
(a)identified by 2 ocean beach fishery flags placed—
(i)no more than 1km apart; and
(ii)along, and as near as possible to, the water’s edge; and
(b)within the boundary formed by the following lines—
(i)a straight line, at right angles to a straight line between the ocean beach fishery flags, extending from the point that is 500m seaward of 1 of the flags (the first flag) to the point that is 500m landward of the first flag;
(ii)another straight line, at right angles to the straight line between the flags, extending from the point that is 500m seaward of the other flag (the second flag) to the point that is 500m landward of the second flag;
(iii)a straight line joining the landward ends of the lines mentioned in subparagraphs (i) and (ii);
(iv)a straight line joining the seaward ends of the lines mentioned in subparagraphs (i) and (ii).

235Meaning of ready to fish

A commercial fisher is ready to fish with a net in a fishery area of a commercial fishery if—
(a)the fisher has, in the area—
(i)a commercial fishing boat that can be used to take fish in the area under a commercial fishing boat licence; and
(ii)at least the minimum number of assistant fishers required to take fish in the area; and
(b)there is, on the boat, a net authorised to be used to take fish in the area of the fishery.

Subdivision 2 Fishing priorities

236Fishing priority—ocean beach fisheries

(1)This section applies—
(a)to each commercial fisher acting under a commercial fishing boat licence with the fishery symbols ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it; and
(b)for using a net in an ocean beach net area for which the licence is issued.
(2)Each of the fishers is authorised under the commercial fishing boat licence to use a net in the ocean beach net area in the order in which the fishers are ready to fish with the nets in the area.

237Fishing priority—other commercial fisheries

(1)This section applies—
(a)to each commercial fisher acting under a commercial fishing boat licence; and
(b)for using a net in a commercial fishery, other than an ocean beach fishery, for which the licence is issued.
(2)Each of the fishers is authorised under the commercial fishing boat licence to use a net in the commercial fishery—
(a)in an area around the fisher’s boat within a radius equal to the length of a net the fisher is authorised to use in the fishery; and
(b)in the order in which the fishers are ready to fish with the nets in the area.

238Duration of fishing priority

An authorisation for a commercial fisher to use nets in an area of a commercial fishery under section 236 or 237 continues—
(a)for no more than 6 hours from when the fisher is ready to fish with a net in the area; and
(b)only while the fisher is ready to fish with a net in the area.

239Joint fishers taken to be 1 fisher

If 2 or more commercial fishers mentioned in section 236 or 237 jointly use nets, they are taken to be 1 commercial fisher.

Subdivision 3 Offences relating to fishing priorities

240Interfering with ocean beach fishery flag

(1)This section applies if a commercial fisher or an assistant fisher acting under a commercial fishing boat licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 234, definition ocean beach net area, paragraph (a).
(2)A person, other than the commercial fisher or assistant fisher, must not remove, or otherwise interfere with, the ocean beach fishery flag.

Maximum penalty—20 penalty units.

241Obstructing exercise of a fishing priority

A person must not obstruct a commercial fisher in exercising a fishing priority under this division, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Division 3 Conditions

242General conditions of a commercial fisher licence

(1)This section prescribes general conditions to which a commercial fisher licence is subject.

Note—

Chapter 10, part 3 (Conditions for SM units) also prescribes conditions for a commercial fisher licence if the holder is acting under SM units held by another person.
(2)Subsection (3) applies to a commercial fisher using a commercial fishing boat under a commercial fishing boat licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written.
(3)The commercial fisher must not act, or direct an assistant fisher to act, in the same commercial fishery under more than 1 commercial fishing boat licence at the same time.
(4)Subsection (5) applies to a commercial fisher operating under a commercial fishing boat licence in a commercial fishery, other than a commercial fisher to which subsections (2) and (3) apply.
(5)The commercial fisher must not act in the commercial fishery under—
(a)if the commercial fisher is directing an assistant fisher acting under a commercial fishing boat licence in the commercial fishery at the same time as the commercial fisher—more than 2 commercial fishing boat licences at the same time; or
(b)otherwise—more than 1 commercial fishing boat licence at the same time.
(6)Subsection (7) applies to a commercial fisher using a commercial fishing boat under a commercial fishing boat licence if the holder of the commercial fishing boat licence is required under this regulation or a management plan to comply with VMS equipment requirements for VMS equipment on the boat.
(7)The commercial fisher must comply with the VMS equipment requirements.

s 242 amd 2011 SL No. 224 s 20; 2012 SL No. 252 s 12; 2013 SL No. 270 s 8

Division 4 Other matters

243Commercial fisher licence not transferable

A commercial fisher licence is not transferable.

Part 8 Commercial fishing boat licence

Division 1 Issue

244Restriction on issue of commercial fishing boat licences

The chief executive may issue a commercial fishing boat licence that identifies a primary boat only if the boat is not already identified in a commercial fishing boat licence.

245Requirement to decide number of tender boats for commercial fishing boat licences

(1)This section applies if the chief executive decides to issue a commercial fishing boat licence.
(2)Before issuing the licence, the chief executive must decide the number (the authorised number) of tender boats that are, for section 246, authorised for use under each fishery symbol to be written on the licence.
(3)Without limiting subsection (2), the chief executive may decide that—
(a)no tender boats are authorised; or
(b)an unlimited number of tender boats are authorised.
(4)Despite subsections (2) and (3), if the fishery symbol ‘L2’ or ‘L3’ is to be written on a commercial fishing boat licence, the authorised number of tender boats can not be more than the following—
(a)under the fishery symbol ‘L2’—4;
(b)under the fishery symbol ‘L3’—1.
(5)If the chief executive decides that no tender boats or a particular number of tender boats are to be authorised for use under a fishery symbol to be written on a licence, the licence must state the authorised number of tender boats, in brackets, immediately after the fishery symbol.
(6)If the chief executive decides that an unlimited number of tender boats are to be authorised for use under a fishery symbol to be written on a licence, the licence can not have any brackets or numbers in brackets written immediately after the fishery symbol.

Division 2 Authorisation

246Authorisation under a commercial fishing boat licence

(1)A person who holds a commercial fishing boat licence may do any of the following under the licence—
(a)allow the primary commercial fishing boat identified in the licence to be used to take fish for trade or commerce in a commercial fishery identified in the licence;
(b)for any single commercial fishery identified in the licence, allow to be used, at the same time, to take fish for trade or commerce, no more than the authorised number of tender boats under the fishery symbol for the fishery;
(c)allow a tender boat mentioned in paragraph (b) to be used as if it were the primary boat if—
(i)the primary boat is not also being used to take fish for trade or commerce; and
(ii)the licence is kept on the tender boat while it is being used as the primary boat;
(d)allow a boat mentioned in this subsection to be used to carry fish taken under this subsection if the fish have been lawfully taken in a commercial fishery;
(e)sell fish taken under this subsection;
(f)process fish taken under this subsection;
(g)buy, sell or possess commercial fishing apparatus;
(h)authorise someone else to do any thing the licence holder may do under paragraphs (a) to (g).
(2)For subsection (1)(a) and (b), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.
(3)For subsection (1)(c), the primary boat is not being used to take fish for trade or commerce only because there is fishing apparatus or fish on the boat.
(4)While a tender boat is being used under subsection (1)(c), the provisions of this regulation and any relevant management plan apply to the boat as if it were a primary boat.
(5)Despite subsection (4), the licence holder need not comply with a VMS equipment requirement for a tender boat being used as the primary boat under subsection (1)(c) if—
(a)the VMS equipment requirement for the primary boat is complied with; and
(b)during the whole period the tender boat is being used as the primary boat—
(i)no trawl net is on, or attached to, the tender boat; and
(ii)no fish taken using a trawl net are on the tender boat.

s 246 amd 2009 SL No. 33 s 18; 2012 SL No. 252 s 13

Division 3 Conditions

247General conditions of a commercial fishing boat licence

(1)This section prescribes general conditions to which a commercial fishing boat licence is subject.

Note—

If a fishery symbol for a commercial fishery is written on a commercial fishing boat licence, the licence is also subject to the applicable conditions stated in chapters 7 to 11 for licences on which the symbol is written.
(2)Only a commercial fisher or an assistant fisher under direction of the commercial fisher may use the primary boat identified in the licence or a tender boat authorised for use under the licence.
(3)The primary boat may be used in a commercial fishery, other than the ‘N11’ fishery, only if the fishery symbol for the fishery is written on the licence.
(4)The primary boat and any of its tender boats may be used in the ‘N11’ fishery to take ‘N11’ fish without the ‘N11’ fishery symbol being written on the licence if the boat and the taking of the fish complies with chapter 9, part 5.
(5)However, if the primary boat or any of its tender boats is used under subsection (4), the ‘N11’ fish may be sold only if the ‘N11’ fishery symbol is written on the licence.
(6)A tender boat may be used in a commercial fishery only if—
(a)its length is no more than 7m; and
(b)its primary boat—
(i)may be used in the fishery; and
(ii)is not being used in another commercial fishery, other than the crab fishery.
(7)In this section—
‘N11’ fish means fish that may, under section 529, be taken in the ‘N11’ fishery.
‘N11’ fishery means the fishery described in chapter 9, part 5.

s 247 amd 2008 SL No. 448 s 32; 2010 SL No. 164 s 34; 2011 SL No. 236 s 6

Part 9 Commercial harvest fishery licence

248Authorisation under a commercial harvest fishery licence

(1)A person who holds a commercial harvest fishery licence may do any of the following under the licence—
(a)buy or possess commercial fishing apparatus;
(b)use commercial fishing apparatus for fishing only in the commercial fisheries identified in the licence;
(c)take fish for trade or commerce in the commercial fisheries identified in the licence;
(d)use a boat to take the fish and to carry the fish;
(e)possess the fish;
(f)sell the fish;
(g)process the fish;
(h)authorise the following persons to do any thing the licence holder may do under paragraphs (a) to (f)—
(i)a nominated person;
(ii)another person authorised to do the thing under a fishery provision.
(2)For subsection (1)(b) and (c), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.
(3)In this section—
nominated person means—
(a)generally—a person who, under chapter 7, has been nominated by the licence holder; or
(b)if the licence is an eel licence, the licence holder’s approved nominee under section 310F.

s 248 amd 2009 SL No. 33 s 19; 2010 SL No. 35 s 5 sch 1; 2010 SL No. 164 s 35

Chapter 6 General provisions about fishery symbols

Part 1 Preliminary

249Simplified outline of ch 6

In outline, this chapter provides for particular fishery symbols written on licences and related matters as follows—
(a)part 2 identifies particular fishery symbols provided for under the East Coast Trawl Plan;
(b)part 3 provides for writing fishery symbols on licences and related matters;
(c)part 4 provides for moving fishery symbols between licences;
(d)part 5 provides for authorisations applying generally to licences on which fishery symbols are written;
(e)part 6 provides for conditions applying generally to licences on which fishery symbols are written.

s 249 amd 2015 SL No. 12 s 13

Part 2 Fishery symbols for East Coast Trawl Plan

pt hdg sub 2015 SL No. 12 s 14

250Particular fishery symbols included in East Coast Trawl Plan

The East Coast Trawl Plan provides for the fishery symbols ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’.

s 250 amd 2008 SL No. 448 s 33; 2010 SL No. 35 s 5 sch 1; 2011 SL No. 106 s 12; 2011 SL No. 236 s 7; 2012 SL No. 252 s 6 sch

sub 2015 SL No. 12 s 14

Part 3 Writing fishery symbols

Division 1 General provisions

251Writing fishery symbols on commercial fishing boat or harvest fishery licence

(1)The chief executive can not write a fishery symbol on an authority other than a commercial fishing boat licence or commercial harvest fishery licence.
(2)Subject to the other provisions of this part or any relevant management plan, the chief executive may—
(a)write any fishery symbol for a commercial fishery on a commercial fishing boat licence; or
(b)write on a commercial harvest fishery licence any fishery symbol for a commercial fishery under chapter 7.

s 251 amd 2010 SL No. 35 s 5 sch 1

252Restriction on writing multiple fishery symbols

The chief executive can not write the same fishery symbol, other than the fishery symbol ‘C1’,‘C3’, ‘N3’ or ‘T4’, more than once on a licence.

s 252 amd 2011 SL No. 236 s 8; 2014 SL No. 69 s 8; 2014 SL No. 328 s 6

Division 2 Particular fishery symbols

252ARestriction on writing fishery symbol ‘E’

The chief executive may write the fishery symbol ‘E’ on a commercial harvest fishery licence only if the licence is a replacement of a commercial harvest fishery licence on which the symbol was written.

s 252A ins 2010 SL No. 35 s 13

253Restrictions on writing fishery symbol ‘SM’

The chief executive may write the fishery symbol ‘SM’ on a commercial fishing boat licence only if—
(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.

253ARestrictions on writing fishery symbol ‘C2’

The chief executive may write the fishery symbol ‘C2’ on a commercial fishing boat licence only if—
(a)the chief executive—
(i)has approved an application to transfer ITQ units to the licence holder; and
(ii)transfers the ITQ units to the licence holder when the chief executive writes the symbol on the licence; or
(b)the chief executive has approved a fishery symbol movement application and under the application the symbol is to be written on the licence; or
(c)the licence is a replacement of a ‘C2’ fishery licence.

s 253A ins 2010 SL No. 35 s 14

253BRestrictions on writing fishery symbol ‘C3’

The chief executive may write the fishery symbol ‘C3’ on a commercial fishing boat licence only if—
(a)the chief executive has approved a fishery symbol movement application and under the application the symbol is to be written on the licence; or
(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.

s 253B ins 2010 SL No. 35 s 14

253BA Restrictions on writing fishery symbol ‘N3’

(1)The chief executive may write the fishery symbol ‘N3’ on a commercial fishing boat licence only if—
(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
(2)However, the chief executive can not write the fishery symbol on a licence on which is written the fishery symbol ‘N12’ or ‘N13’.

s 253BA ins 2011 SL No. 236 s 9

amd 2016 SL No. 193 s 16

253BB [Repealed]

s 253BB ins 2011 SL No. 236 s 9

om 2016 SL No. 193 s 17

253BC Restrictions on writing fishery symbol ‘N12’

(1)The chief executive can not write the fishery symbol ‘N12’ on a commercial fishing boat licence other than under this section.
(2)The chief executive may write the fishery symbol ‘N12’ on a commercial fishing boat licence if—
(a)the chief executive has approved a fishery symbol movement application and, under the application, the fishery symbol is to be written on the licence; or
(b)the licence is a replacement of a commercial fishing boat licence on which the fishery symbol was written.
(3)Despite subsection (2), the chief executive can not write the fishery symbol ‘N12’ on—
(a)a licence on which is written the fishery symbol ‘N3’ or ‘N13’; or
(b)more than 3 commercial fishing boat licences.

s 253BC ins 2011 SL No. 236 s 9

amd 2016 SL No. 193 s 18

253BD Restrictions on writing fishery symbol ‘N13’

(1)The chief executive can not write the fishery symbol ‘N13’ on a commercial fishing boat licence other than under this section.
(2)The chief executive may write the fishery symbol on a commercial fishing boat licence if, before the fishery symbol is written—
(a)the holder of the licence also held a developmental fishing permit (the relevant permit) that included a Gulf set mesh net authorisation; and
(b)the chief executive has—
(i)at the request of the holder of the relevant permit, amended the relevant permit by removing the Gulf set mesh net authorisation; and
(ii)at the request of the holder of each other developmental fishing permit that included a Gulf set mesh net authorisation, amended each permit by removing the Gulf set mesh net authorisation; and
(c)the fishery symbol ‘N12’ has been written on 3 commercial fishing boat licences.
(3)The chief executive may also write the fishery symbol ‘N13’ on a commercial fishing boat licence if—
(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
(4)Despite subsections (2) and (3), the chief executive can not write the fishery symbol ‘N13’ on—
(a)a licence on which is written the fishery symbol ‘N3’ or ‘N12’; or
(b)more than 2 commercial fishing boat licences.
(5)In this section—
Gulf set mesh net authorisation, for a developmental fishing permit, means an authorisation under the permit for the use of a set mesh net in the Gulf of Carpentaria waters.

s 253BD ins 2011 SL No. 236 s 9

253BERestrictions on writing fishery symbol ‘RQ’

The chief executive may write the fishery symbol ‘RQ’ on a commercial fishing boat licence only if—
(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or
(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.

s 253BE ins 2015 SL No. 12 s 15

Division 3 Fishery symbols on licences for use of boats of particular lengths

div hdg ins 2010 SL No. 164 s 36

253CDefinition for div 3

In this division—
relevant fishery provision see section 254(1).

s 253C ins 2010 SL No. 164 s 36

254Restriction on writing fishery symbols on licences allowing the use of boats of particular lengths in commercial fisheries

(1)The chief executive may write a fishery symbol on a licence allowing the use of a boat in a commercial fishery only if the boat is no longer than the length permitted under a fishery provision (the relevant fishery provision) about the fishery.

Note—

See however section 720.
(2)This section is subject to section 254B.

s 254 amd 2010 SL No. 164 37; 2016 SL No. 193 s 19

254A[Repealed]

s 254A ins 2010 SL No. 164 s 38

om 2016 SL No. 193 s 20

254BException for particular fishery symbol movement applications

(1)The chief executive may write a fishery symbol on a licence (the second licence) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the relevant fishery provision if—
(a)a person has applied, under section 256, to move the fishery symbol from another licence (the first licence) to the second licence; and
(b)the boat to be used under the second licence is no longer than the lesser of the following—
(i)20m;
(ii)the length of a boat that is allowed to be used under the first licence.
(2)This section does not apply to writing the fishery symbols ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ on a licence.

s 254B ins 2010 SL No. 164 s 38

Part 4 Moving fishery symbols

255Definitions for pt 4

In this part—
administrative conditions, of the first licence or second licence, means the conditions of the licence imposed by the chief executive under section 61 of the Act.
first licence see section 256(1)(a).
second licence see section 256(1)(b).

256Application to move fishery symbol to another licence

(1)This section applies if—
(a)a fishery symbol is written on a commercial fishing boat licence or commercial harvest fishery licence (either of which is the first licence); and
(b)the fishery symbol may, under this chapter or a management plan, be written on another licence (the second licence).
(2)The holder of the first licence and the holder of the second licence may apply to the chief executive to move the fishery symbol and the authorised number of tender boats for use under the symbol from the first licence to the second licence.
(3)The application must—
(a)be in the approved form; and
(b)be accompanied by—
(i)the fee prescribed under schedule 9; and
(ii)the written approval of each person, other than the holder of the first licence, who has a registered interest in the first licence.
(4)The application may be made even if the same person holds the first licence and second licence.
(5)However, the application can not be made by a person who holds the licence because of a temporary transfer.

257Deciding application

The chief executive may—
(a)approve the application, with or without conditions; or
(b)refuse the application.

258Amendments required if application approved

(1)This section applies if the chief executive—
(a)approves the application without conditions; or
(b)approves the application with conditions and the applicants agree in writing to the conditions within 28 days after the approval.
(2)The chief executive must amend the first licence and second licence by—
(a)removing from the first licence—
(i)the fishery symbol; and
(ii)the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and
(b)writing on the second licence—
(i)the fishery symbol; and
(ii)the authorised tender boat number for the fishery symbol, in the way required under section 245; and
(c)if the first licence or second licence contains administrative conditions—amending the conditions in a way the chief executive considers is consistent with the amendments under paragraphs (a) and (b).
(3)In this section—
authorised tender boat number for a fishery symbol means the number of tender boats, other than an unlimited number, that is authorised for use under the fishery symbol under section 245.

259Information notice about refusal of conditions

(1)This section applies if the chief executive decides to—
(a)refuse the application; or
(b)approve the application with conditions and the applicants have not agreed in writing to the conditions within 28 days after the approval; or
(c)amend the administrative conditions of the first licence or second licence and the applicants have not agreed in writing to the amendment within 28 days after the amendment.
(2)The chief executive must give the applicants an information notice about the decision.

Part 5 General provisions about authorisations under licences with fishery symbols

260Authorisation under licences on which fishery symbols are written

A person acting under a licence on which is written a fishery symbol may do a thing under the licence that is permitted to be done under the licence under—
(a)this part or part 6; or
(b)chapters 7 to 11; or
(c)a management plan.

s 260 amd 2010 SL No. 164 s 39

261Fishery symbol does not authorise taking fish in particular Joint Authority fisheries

(1)This section applies to a person who is—
(a)in a Joint Authority fishery managed under Queensland law; and
(b)acting under a licence.
(2)Neither this chapter nor chapters 7 to 11 authorises the person to take fish to which the Joint Authority fishery applies under the licence unless—
(a)the Joint Authority endorses the licence to extend its operation to activities over which the Joint Authority has powers under the Act; and
(b)taking the fish is an activity over which the Joint Authority has powers under the Act.

s 261 amd 2010 SL No. 164 s 40

261ARestriction on amending a licence to reflect boat modification or replacement

(1)This section does not apply to amending or replacing a ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence under chapter 3, part 8 of the East Coast Trawl Plan.
(2)The chief executive may amend a licence on which is written a fishery symbol for a commercial fishery to include the details for a new or modified boat (the replacement boat) longer than the length permitted under a fishery provision about the fishery if—
(a)for a licence on which the fishery symbol ‘T4’, ‘N12’ or ‘N13’ is written—the replacement boat is no longer than 25m; or
(b)for a licence on which another fishery symbol is written—
(i)the replacement boat is no longer than the lesser of the following—
(A)the length of the boat currently mentioned in the licence;
(B)20m; or
(ii)the application to write the fishery symbol on the licence is accompanied by—
(A)the surrender of another authority held by the licence holder; or
(B)a request to amend another authority held by the licence holder that the chief executive is satisfied is consistent with the purposes of the Act.

s 261A ins 2010 SL No. 164 s 41

sub 2011 SL No. 224 s 21

amd 2011 SL No. 236 s 10

Part 6 Conditions applying generally to licences with fishery symbols

262Application of pt 6

This part applies to a person (the authorised person) acting under a licence on which a fishery symbol is written.

263Taking fish in a fishery area of a commercial fishery

(1)It is a condition of the licence that the authorised person may take fish only in a fishery area of the commercial fishery (the relevant fishery) identified by the fishery symbol.
(2)Subsection (1) is subject to—
(a)sections 264 to 270; and
(b)the fishery provisions about the relevant fishery.

264Taking fish in an area stated on a licence

(1)This section applies if—
(a)a fishery provision about the relevant fishery states that fish may only be taken in an area stated on the licence; and
(b)an area for taking fish is stated on the licence.
(2)The authorised person may take fish only in the stated area.

265Taking particular fish

If a fishery provision about the relevant fishery states that only particular fish may be taken in the fishery the authorised person must not take fish other than the stated fish in the fishery.

s 265 amd 2008 SL No. 448 s 34

266Using fishing apparatus

(1)If a fishery provision about the relevant fishery states that only particular fishing apparatus may be used for taking fish in the fishery, the authorised person must not take fish in the fishery unless the person uses the stated fishing apparatus.
(2)If a fishery provision about the relevant fishery states the way in which fishing apparatus must be used for taking fish in the fishery, the authorised person must not take fish in the fishery unless the person uses the apparatus in the stated way.
(3)If a fishery provision about the relevant fishery states the number of items of fishing apparatus of a particular type that may be used for taking fish in the fishery, the authorised person must not use more than the stated number of items of fishing apparatus of that type for taking fish in the fishery.
(4)If no fishery provision about the relevant fishery states the number of items of a particular type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type of fishing apparatus may be used at the same time for taking fish in the fishery.
(5)Subsection (4) applies even if more than 1 person is acting under the licence.

Example for subsection (4)—

In the net fishery (east coast no.1), a net that is neither fixed nor hauled may be used in offshore waters and a general purpose mesh net may be used in nearshore waters. The number of the nets is not stated, so (if all other relevant licence conditions are satisfied), a person acting under the licence is authorised, at any one time, to use either, 1 net that is neither fixed nor hauled in the offshore waters, or 1 general purpose mesh net in the nearshore waters. The person, however, can not use both of the nets at the same time or more than 1 of each of the nets.

s 266 amd 2008 SL No. 448 s 35

267Taking fish in a particular way

If a fishery provision about the relevant fishery states that fish may only be taken in the fishery in a particular way, the authorised person may take fish in the fishery only in the stated way.

s 267 amd 2008 SL No. 448 s 36

268Taking fish during a fishery period

(1)This section applies if a fishery provision about the relevant fishery states a period (a fishery period) during which particular fish may be taken or particular fishing apparatus may be used in the fishery.
(2)The authorised person may take the fish or use the apparatus in the fishery only if the person takes the fish or uses the apparatus in the fishery period.

s 268 amd 2008 SL No. 448 s 37

269Activities prohibited or restricted in particular areas within fishery areas

If a fishery provision about the relevant fishery prohibits or restricts an activity in a particular area within a fishery area the activity is prohibited or restricted in the particular area in the way stated in the fishery provision.

270Conditions of licence may apply in more than 1 way

A condition under this part, chapters 7 to 11, or a management plan may apply to a licence in more than 1 way.

Example—

A fishery provision about a commercial fishery identified by a fishery symbol may provide for taking fish in a particular area within a fishery area using only a particular type of fishing apparatus or only in a particular way.

s 270 amd 2010 SL No. 164 s 42

271Conditions of licences on which more than 1 fishery symbol is written

(1)If a commercial fishing boat licence or commercial harvest fishery licence has more than 1 fishery symbol written on it, a person acting under the licence must not take fish in more than 1 commercial fishery at the same time.
(2)Despite subsection (1), if 1 of the fishery symbols is ‘C1’, ‘C2’ or ‘C3’, the person may take crabs in the fishery identified by the fishery symbol and fish in 1 other commercial fishery at the same time.
(3)Also, despite subsection (1), the person may take the following fish at the same time—
(a)spanish mackerel under the fishery symbol ‘SM’;
(b)regulated coral reef fin fish under the fishery symbol ‘RQ’;
(c)fin fish other than spanish mackerel or regulated coral reef fin fish, under the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’;
(d)shark under the fishery symbol ‘S’.
(4)Also, despite subsection (1), the person may take the following fish at the same time—
(a)fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘K9’;
(b)shark under the fishery symbol ‘S’.

s 271 amd 2010 SL No. 164 s 43; 2011 SL No. 224 s 22; 2012 SL No. 252 s 6 sch

271ACondition of licence if fishery symbol identifies more than 1 fishery

(1)This section applies to a commercial fishing boat licence if more than 1 commercial fishery is identified by a fishery symbol on the licence.
(2)A person acting under the licence must not take fish or use fishing apparatus in more than 1 of the fisheries at the same time.

Example—

The fishery symbol ‘N4’ is written on a licence authorising use of a net in offshore waters in the net fishery (east coast no. 3) and use of a net in nearshore waters in the net fishery (east coast no. 1). A person acting under the licence must not use the nets in the fisheries at the same time.

s 271A ins 2008 SL No. 448 s 38

Chapter 7 Commercial harvest fisheries

Part 1 Aquarium fish fishery (‘A1’, ‘A2’)

Division 1 Definition

272What is the aquarium fish fishery

The aquarium fish fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking the fish mentioned in section 275 in the fishery area mentioned in section 274;
(b)selling the fish.

Division 2 Fishery symbols and area

273Fishery symbols

The fishery symbols for the fishery are ‘A1’ and ‘A2’.

274Fishery area

(1)The fishery area consists of the area of the following waters—
(a)tidal waters within the Moreton Bay Marine Park;
(b)tidal waters north of Cape Moreton and south of latitude 26º18' south, other than waters within the Moreton Bay Marine Park;
(c)tidal waters west of longitude 151º08' east and between latitude 23º15' south and latitude 23º south;
(d)tidal waters within the area described as area 1 in the Whitsundays Plan of Management, schedule 1;
(e)tidal waters within the following boundary—
from the intersection of latitude 17º08' south with the mainland shore to latitude 17º08' south, longitude 146º12' east
to latitude 16º51' south, longitude 146º28' east
to latitude 15º55' south, longitude 145º51' east
along latitude 15º55' south to the mainland shore
along the mainland shore to latitude 17º08' south;
(f)tidal waters south of latitude 10º41' south and east of longitude 142º31'49" east, other than the waters mentioned in paragraphs (a) to (e).
(2)In this section—
Moreton Bay Marine Park means the marine park mentioned and described in the Marine Parks (Declaration) Regulation 2006, schedule 1.
Whitsundays Plan of Management means the Whitsundays Plan of Management 1998 prepared under the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 39ZD.

Editor’s note—

On the notification day the Whitsundays Plan of Management 1998 could be accessed on the internet at www.gbrmpa.gov.au .

s 274 amd 2016 SL No. 74 s 3 sch 1

Division 3 Conditions about taking fish in fishery—general

275What fish may be taken

(1)Fish other than the following fish may be taken under the licence—
(a)barramundi;
(b)sea cucumber;
(c)shell grit;
(d)star sand;
(e)any species of coral, oyster, pearl oyster or trochus.
(2)In this section—
sea cucumber does not include fish of the following species—
(a)Bohadschia graeffei;
(b)Calachrius crassus;
(c)Cucmaria miniata;
(d)Euapta godeffroyi;
(e)Holothuria edulis;
(f)Holothuria hilla;
(g)Opheodesoma spp.;
(h)Pentacta anceps;
(i)Pentacta lutea;
(j)Pseudocolchirus violaceus;
(k)Stichopus noctivagus;
(l)Synapta maculata.

s 275 amd 2012 SL No. 252 s 6 sch

276Where fish may be taken

Fish may be taken from—
(a)the waters mentioned in section 274(1)(f); and
(b)the waters mentioned in section 274(1)(a) to (e), if the waters are stated on the licence.

277Other conditions about taking fish

(1)No more than 3 persons may take fish at the same time.
(2)Only the boat identified in a licence and 1 other boat may be used to take fish in the same location.
(3)Fish must not be taken for human consumption.
(4)Fish may only be taken—
(a)by hand; or
(b)using underwater breathing apparatus or a herding device, including, for example, a rod; or
(c)using fishing lines or cast, scoop or mesh nets under this division.

s 277 amd 2010 SL No. 164 s 44

278Use of fishing lines

A fishing line may be used for taking fish under the licence only if it is has a single barbless hook.

279Use of cast nets

A cast net may be used for taking fish under the licence only if the net—
(a)is no longer than 3.7m; and
(b)has a mesh size of no more than 28mm.

280Use of scoop nets

A scoop net may be used for taking fish under the licence only if the net—
(a)is no more than 2m in any dimension; and
(b)has—
(i)a mesh size of no more than 25mm; and
(ii)a handle or shaft no longer than 2.5m.

281Use of mesh nets

(1)A mesh net may be used for taking fish under the licence only if the net—
(a)is no longer than 16m; and
(b)has—
(i)a mesh size of no more than 28mm; and
(ii)a drop of no more than 3m.
(2)A person using the net under the licence must be within 100m of it.

s 281 amd 2010 SL No. 164 s 45

282Selling fish

Fish may be sold under the licence only if the fish are to be used for—
(a)display as aquarium fish; or
(b)broodstock; or
(c)a purpose related to a purpose mentioned in paragraph (a) or (b).

Division 4 Additional authorisations and conditions for licences with fishery symbol ‘A1’

283Application of div 4

This division applies to a licence on which is written the fishery symbol ‘A1’.

284Nominees for taking or selling fish

(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)take fish under the licence;
(b)sell fish under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee under subsection (1).

285Who may take fish

Subject to section 277(1), fish may be taken only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 284(1)(a); or
(c)another person in the presence of the licence holder or nominee.

286Selling fish

Fish taken under the licence may be sold under the licence by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 284(1)(b).

s 286 amd 2009 SL No. 33 s 20

Division 5 Additional authorisations and conditions for licences with fishery symbol ‘A2’

287Application of div 5

This division applies to a licence on which is written the fishery symbol ‘A2’.

288Who may take fish

(1)Subject to section 277(1), fish may be taken only by—
(a)the licence holder; or
(b)another person in the presence of the licence holder.
(2)A person taking fish must not take or possess—
(a)more than 10 fish; or
(b)more than 2 fish of the same species.

289[Repealed]

s 289 om 2009 SL No. 33 s 21

Part 2 Sea cucumber fishery (east coast) (‘B1’)

pt hdg amd 2012 SL No. 252 s 6 sch

290What is the sea cucumber fishery

The sea cucumber fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking sea cucumber in the fishery area mentioned in section 292;
(b)selling sea cucumber.

s 290 amd 2012 SL No. 252 s 6 sch

291Fishery symbol

The fishery symbol for the fishery is ‘B1’.

292Fishery area

The fishery area consists of the area of all tidal waters east of longitude 142º31'49" east between latitude 10º41' south and latitude 26º south.

s 292 amd 2016 SL No. 74 s 3 sch 1

293What fish may be taken

Only sea cucumber may be taken under the licence.

s 293 amd 2012 SL No. 252 s 6 sch

294Nominees for taking or selling sea cucumber

(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)take sea cucumber under the licence;
(b)sell sea cucumber taken under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.

s 294 amd 2012 SL No. 252 s 6 sch

295Who may take sea cucumber

Subject to section 297(1), sea cucumber may be taken only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 294(1)(a); or
(c)another person in the presence of the licence holder or nominee.

s 295 amd 2012 SL No. 252 s 6 sch

296Permitted ways of taking sea cucumber

(1)Sea cucumber may only be taken by hand.
(2)However, underwater breathing apparatus may also be used when taking sea cucumber.

s 296 amd 2012 SL No. 252 s 6 sch

297General conditions of taking sea cucumber

(1)No more than 10 persons may take sea cucumber at the same time.
(2)Only the boat identified in the licence and 4 other boats may be used to take sea cucumber in the same location.
(3)A boat, other than the boat identified in the licence, must not be longer than 7m.

s 297 amd 2012 SL No. 252 s 6 sch

298Annual quota

The annual quota of sea cucumber that may be taken under the licence is the quota stated on the licence.

s 298 amd 2012 SL No. 252 s 6 sch

299Selling sea cucumber

Sea cucumber taken under the licence may be sold only by the licence holder or a nominee of the licence holder under section 294(1)(b).

s 299 amd 2009 SL No. 33 s 22; 2012 SL No. 252 s 6 sch

300VMS equipment and other requirements apply

The licence holder or person in control of a boat identified in the licence must ensure VMS equipment is installed, maintained and used on the boat in compliance with the VMS equipment requirements.

s 300 amd 2010 SL No. 164 s 46

Part 3 Coral fishery (‘D’)

301What is the coral fishery

The coral fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking the fish mentioned in section 304 in the fishery area mentioned in section 303;
(b)selling the fish.

302Fishery symbol

The fishery symbol for the fishery is ‘D’.

303Fishery area

The fishery area consists of the area of all tidal waters and foreshores south of latitude 10º41' south and east of longitude 142º31'49" east.

s 303 amd 2016 SL No. 74 s 3 sch 1

304What fish may be taken

Only the following fish may be taken under the licence—
(a)coral of the class Anthozoa or Hydrozoa, including its uncompacted skeletons;
(b)any marine organism living in or on coral mentioned in paragraph (a), other than a marine organism that is a regulated fish;
(c)coral sand consisting of fine remnants of coral.

305Nominees for taking or selling coral

(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)take coral under the licence;
(b)sell coral taken under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.

306Who may take coral

(1)Coral may be taken only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 305(1)(a); or
(c)another person in the presence of the licence holder or nominee.
(2)However, no more than 3 persons mentioned in subsection (1) may take coral under the licence at the same time.

s 306 amd 2010 SL No. 164 s 47

307Where coral may be taken

Coral may be taken only from the area, within the fishery area, stated in the licence.

308Permitted ways of taking coral

(1)Coral may only be taken by—
(a)hand; or
(b)using hand-held implements, other than mechanical implements.
(2)Underwater breathing apparatus may also be used when taking coral.

309Annual quota

The annual quota of coral that may be taken under the licence is the quota stated on the licence.

310Selling coral

Coral taken under the licence may be sold by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 305(1)(b).

s 310 amd 2009 SL No. 33 s 23

Part 3A Eel Fishery (‘E’)

pt hdg ins 2010 SL No. 35 s 15

Division 1 Definition

div 1 (s 310A) ins 2010 SL No. 35 s 15

310AWhat is the eel fishery

The eel fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking the eels mentioned in section 310D in the fishery area mentioned in section 310C;
(b)processing the eels;
(c)selling the eels.

div 1 (s 310A) ins 2010 SL No. 35 s 15

Division 2 Fishery symbol and area

div 2 (ss 310B–310C) ins 2010 SL No. 35 s 15

310BFishery symbol

The fishery symbol for the fishery is ‘E’.

div 2 (ss 310B–310C) ins 2010 SL No. 35 s 15

310CFishery area

The fishery area consists of either or both of the following—
(a)waters in an impoundment formed by a dam stated on the licence;
(b)waters in a privately owned artificially created impoundment within a catchment stated on the licence.

div 2 (ss 310B–310C) ins 2010 SL No. 35 s 15

Division 3 General conditions

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

310DWhat fish may be taken

Only longfin eels and Southern shortfin eels may be taken under the licence.

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

310EWho may take eels

(1)Eels may be taken only by—
(a)the licence holder; or
(b)an approved nominee of the licence holder under section 310F.
(2)However, only 1 person may take eels under the licence at a time.

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

310FObtaining nominee approval

(1)The licence holder may apply in writing to the chief executive for someone else to be the holder’s approved nominee.
(2)The chief executive may grant the approval only if the chief executive is satisfied the holder has become temporarily incapacitated or is otherwise temporarily unable to act under the licence.
(3)The approval may be granted only for the period during which the chief executive considers the holder will be incapacitated or otherwise temporarily unable to act under the licence.
(4)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision.

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

310GPermitted ways of taking eels

(1)A person may take eels under the licence only by using an eel trap or a round eel trap.
(2)A person may use an eel trap or round eel trap under the licence only if—
(a)the trap complies with division 4; and
(b)the use of the trap complies with division 5.

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

310HProcessing or selling eels taken under licence

(1)The licence holder or an approved nominee of the holder may process or sell eels taken under the licence.
(2)The sale may be to anyone, whether or not the buyer holds an authority that allows the sale.

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

310ILicence is not transferable

The licence is not transferable.

div 3 (ss 310D–310I) ins 2010 SL No. 35 s 15

Division 4 Requirements for eel traps and round eel traps

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310JApplication of div 4

This division applies to an eel trap or a round eel trap.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310KTrap entrance and trap pocket entrance

(1)The trap must have only—
(a)1 entrance into the trap itself (the trap entrance); and
(b)1 entrance from the trap into its pocket (the trap pocket entrance).
(2)The trap entrance must not be extended by attaching wings.
(3)The aperture of the trap pocket entrance must be at least 20cm in all its dimensions.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310LTrap mesh size

(1)The trap, other than its pocket, must have a mesh size of at least 25mm.
(2)However, any meshes on the trap that are made of rigid material must be at least 22mm in each of their dimensions.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310MTrap frame

The trap when set must have a frame made of rigid material.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310NDimensions

The trap when set must have the following dimensions—
(a)for an eel trap, a frame that is—
(i)no longer than 2m; and
(ii)no wider than 0.6m; and
(iii)no deeper than 0.6m;
(b)for a round eel trap—
(i)a diameter no more than 1m; and
(ii)a height of no more than 0.6m.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310OTrap pocket

(1)The pocket of the trap must—
(a)be long enough and attached to a float in a way so that an air-breathing animal trapped in the trap or the pocket can access the surface of the water to breathe; and
(b)have rings that are—
(i)made of rigid material; and
(ii)no more than 1m apart; and
(iii)at least 20cm in all their dimensions.
(2)The ring nearest the trap pocket entrance must be no more than 1m from the trap pocket entrance.
(3)The ring nearest the closed end of the pocket must be no more than 0.5m from the closed end.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

310PTrap float

The trap must have attached to it a float that is—
(a)light coloured and clearly visible on the surface of the water; and
(b)at least 15cm in all its dimensions; and
(c)marked with—
(i)the number of the licence under which the trap is being used; and
(ii)the licence holder’s first name and surname.

div 4 (ss 310J–310P) ins 2010 SL No. 35 s 15

Division 5 Requirements for using eel traps and round eel traps

div 5 (ss 310Q–310S) ins 2010 SL No. 35 s 15

310QRestriction on trapping times

(1)This section applies to an eel trap or round eel trap in waters in the fishery area, other than waters—
(a)in a privately owned impoundment; or
(b)to which the public does not have access.

Example for paragraph (b)—

waters in a balancing storage, including, for example, the Bullyard Balancing storage
(2)The trap must not be used on—
(a)an ordinary weekend from 9a.m. on Saturday to 4p.m. on Sunday; or
(b)a long weekend from 9a.m. on the first day of the long weekend to 4p.m. on the last day of the long weekend.
(3)However, the trap may remain in the water if it is not baited and its pocket is open.
(4)In this section—
long weekend means any period of 3 or 4 days, including, for example, Easter, made up of a weekend and 1 or 2 public holidays immediately before or immediately after the weekend.
ordinary weekend means a weekend other than a long weekend.

div 5 (ss 310Q–310S) ins 2010 SL No. 35 s 15

310RNumber of traps that can be used

No more than the number of eel traps or round eel traps stated on the licence can be used at a time at any 1 place stated on the licence.

div 5 (ss 310Q–310S) ins 2010 SL No. 35 s 15

310SChecking traps

An eel trap or a round eel trap that is in use must be checked within 24 hours after being set.

div 5 (ss 310Q–310S) ins 2010 SL No. 35 s 15

Part 4 Shell fishery (‘F’)

311What is the shell fishery

The shell fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking the molluscs to which section 314 applies in the fishery area mentioned in section 313;
(b)selling the molluscs.

312Fishery symbol

The fishery symbol for the fishery is ‘F’.

313Fishery area

The fishery area consists of the area of all tidal waters and foreshores.

s 313 amd 2016 SL No. 74 s 3 sch 1

314What fish may be taken

Molluscs, other than green snails, oysters, pearl oysters, trochus or scallops, may be taken under the licence.

315Who may take molluscs

Molluscs may be taken only by—
(a)the licence holder; or
(b)another person in the presence of the licence holder.

316Permitted ways of taking molluscs

(1)Broken remnants of molluscs may only be taken—
(a)by hand; or
(b)using hand-held implements that are not mechanical implements; or
(c)if stated on the licence, using mechanical equipment.
(2)Molluscs, other than broken remnants, may only be taken—
(a)by hand, without using digging or sieving implements; or
(b)if stated on the licence, using shell dredges.

317Use of primary boats

A primary boat must not be longer than 20m.

s 317 amd 2008 SL No. 448 s 39

318Use of shell dredges

A shell dredge used for taking molluscs must not have a mouth wider than 1.2m or teeth or prongs longer than 75mm.

319[Repealed]

s 319 om 2009 SL No. 33 s 24

Part 5 Shell grit fishery (‘G’)

320What is the shell grit fishery

The shell grit fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking shell grit in the fishery area mentioned in section 322;
(b)selling shell grit.

321Fishery symbol

The fishery symbol for the fishery is ‘G’.

322Fishery area

The fishery area consists of the area of all tidal waters and foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.

s 322 amd 2016 SL No. 74 s 3 sch 1

323What fish may be taken

Only shell grit may be taken under the licence.

324Who may take shell grit

Shell grit may be taken only by the licence holder.

325Where shell grit may be taken

Shell grit may be taken only in an area, within the fishery area, stated in the licence.

326Permitted way of taking shell grit

A person may take shell grit only if the person replaces the total volume of shell grit taken with an equal volume of sand that has been lawfully obtained.

327[Repealed]

s 327 om 2009 SL No. 33 s 25

Part 6 Star sand fishery (‘H’)

328What is the star sand fishery

The star sand fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking star sand in the fishery area mentioned in section 330;
(b)selling star sand.

329Fishery symbol

The fishery symbol for the fishery is ‘H’.

330Fishery area

The fishery area consists of the area of all tidal waters and foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.

s 330 amd 2016 SL No. 74 s 3 sch 1

331What fish may be taken

Only star sand composed of the calcareous skeletons of unicellular animals known as Foraminifera may be taken under the licence.

332Who may take star sand

Star sand may be taken only by the licence holder.

333Where star sand may be taken

Star sand may be taken only in an area, within the fishery area, stated in the licence.

334Permitted ways of taking star sand

Star sand may be taken only by—
(a)hand; or
(b)using hand-held implements that are not mechanical implements.

335[Repealed]

s 335 om 2009 SL No. 33 s 26

Part 7 Trochus fishery (east coast) (‘J1’)

336What is the trochus fishery

The trochus fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking trochus in the fishery area mentioned in section 338;
(b)selling trochus.

337Fishery symbol

The fishery symbol for the fishery is ‘J1’.

338Fishery area

The fishery area consists of the area of all tidal waters south of latitude 10º41' south, and east of longitude 142º31'49" east.

s 338 amd 2016 SL No. 74 s 3 sch 1

339What fish may be taken

Only trochus may be taken under the licence.

340Nominees for taking trochus

(1)The licence holder may nominate persons (nominees) to take trochus under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.

341Who may take trochus

Subject to section 343(3), trochus may be taken in the fishery area only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 340; or
(c)another person in the presence of the licence holder or nominee.

342Permitted ways of taking trochus

(1)Trochus may be taken only by—
(a)hand; or
(b)using hand-held implements that are not mechanical implements.
(2)A person may use underwater breathing apparatus when taking trochus.

343General conditions of taking trochus

(1)The boat identified in the licence and 4 other boats may be used to take trochus under the licence in the same location.
(2)A boat, other than the boat identified in the licence, must not be longer than 7m.
(3)No more than the number of persons stated in the licence may, at the same time, dive for or gather trochus under the licence.

344Quantity of trochus that may be taken

The licence holder must not in a year take, or allow to be taken, more trochus than the quantity stated for the year on the licence.

345[Repealed]

s 345 om 2009 SL No. 33 s 27

Part 8 Juvenile eel fishery (‘JE’)

346What is the juvenile eel fishery

The juvenile eel fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking the juvenile eels mentioned in section 349 in the fishery area mentioned in section 348;
(b)selling the juvenile eels.

347Fishery symbol

The fishery symbol for the fishery is ‘JE’.

348Fishery area

The fishery area consists of Queensland waters.

349What fish may be taken

Only a juvenile eel of the genus Anguilla may be taken under the licence.

350Who may take juvenile eels

(1)Subject to section 353, juvenile eels may only be taken only by—
(a)the licence holder; or
(b)a person nominated by the licence holder (a nominee); or
(c)another person in the presence of the licence holder or nominee.
(2)The licence holder must give the chief executive written notice of the nomination of each nominee.

351Where juvenile eels may be taken

Juvenile eels may be taken only in the area, within the fishery area, stated on the licence.

352Permitted ways of taking juvenile eels

Juvenile eels may only be taken in the way stated on the licence.

353General conditions for taking juvenile eels

If the licence states the number of persons that may take juvenile eels, no more than the stated number of persons may take juvenile eels under the licence at the same time.

354[Repealed]

s 354 om 2009 SL No. 33 s 28

Part 9 Oyster fishery (‘O’)

355What is the oyster fishery

The oyster fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking oysters in the fishery area mentioned in section 357;
(b)selling oysters.

356Fishery symbol

The fishery symbol for the fishery is ‘O’.

357Fishery area

The fishery area consists of the area of all foreshores between low water and high water.

s 357 amd 2016 SL No. 74 s 3 sch 1

358What fish may be taken

Only the following oysters may be taken under the licence—
(a)blacklip oysters;
(b)milky oysters.

359Who may take oysters

(1)Subject to section 362, oysters may be taken only by—
(a)the licence holder; or
(b)a person nominated by the licence holder (a nominee); or
(c)another person in the presence of the licence holder or nominee.
(2)The licence holder must give the chief executive written notice of the nomination of each nominee.

360Where oysters may be taken

Oysters may only be taken only in the area, within the fishery area, stated on the licence.

361Permitted ways of taking oysters

Oysters may only be taken in the way stated on the licence.

362General conditions for taking oysters

If the licence states the number of persons that may take oysters, no more than the stated number of persons may take oysters under the licence at the same time.

363[Repealed]

s 363 om 2009 SL No. 33 s 29

Part 10 Pearl fishery (‘P’)

364What is the pearl fishery

The pearl fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking live pearl oysters in the fishery area mentioned in section 366;
(b)selling live pearl oysters.

365Fishery symbol

The fishery symbol for the fishery is ‘P’.

366Fishery area

The fishery area consists of the area of tidal waters south of latitude 10º41' south and east of longitude 142º31'49" east.

s 366 amd 2016 SL No. 74 s 3 sch 1

367What fish may be taken

Only live pearl oysters may be taken under the licence.

368Permitted ways of taking live pearl oysters

(1)Live pearl oysters may be taken only by—
(a)hand; or
(b)using hand-held implements.
(2)Underwater breathing apparatus may also be used when taking live pearl oysters.

369Selling live pearl oysters

The licence holder may sell live pearl oysters taken under the licence only to a person acting under a development approval for prescribed aquaculture development.

Part 11 Beachworm fishery (‘W1’)

370What is the beachworm fishery

The beachworm fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking beachworms in the fishery area mentioned in section 372;
(b)selling beachworms.

371Fishery symbol

The fishery symbol for the fishery is ‘W1’.

372Fishery area

The fishery area consists of the area of all foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.

s 372 amd 2016 SL No. 74 s 3 sch 1

373What fish may be taken

Only beachworms may be taken under the licence.

373ANominees for taking or selling beachworms

(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)take beachworm under the licence;
(b)sell beachworm taken under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.

s 373A ins 2009 SL No. 61 s 20

374Who may take beachworms

(1)Beachworms may be taken only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 373A(1)(a).
(2)For subsection (1), only 1 person may take beachworms under the licence at a time.

s 374 sub 2009 SL No. 61 s 20

375Where beachworms may be taken

Beachworms may be taken only in the area, within the fishery area, stated on the licence.

376Permitted ways of taking beachworms

Beachworms may only be taken by hand.

377[Repealed]

s 377 om 2009 SL No. 33 s 30

Part 12 Bloodworm fishery (‘W2’)

378What is the bloodworm fishery

The bloodworm fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking bloodworms in the fishery area mentioned in section 380;
(b)selling bloodworms.

379Fishery symbol

The fishery symbol for the fishery is ‘W2’.

380Fishery area

The fishery area consists of the area of all foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.

s 380 amd 2016 SL No. 74 s 3 sch 1

381What fish may be taken

Only bloodworms may be taken under the licence.

381ANominees for taking or selling bloodworms

(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)take bloodworms under the licence;
(b)sell bloodworms taken under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.

s 381A ins 2009 SL No. 61 s 21

382Who may take bloodworms

(1)Bloodworms may be taken only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 381A(1)(a).
(2)For subsection (1), only 1 person may take bloodworms under the licence at a time.

s 382 sub 2009 SL No. 61 s 21

383Permitted ways of taking bloodworms

(1)Bloodworms may only be taken by hand or by using hand held forks.
(2)If a person digs up an area while taking bloodworms under the licence, the person must put any seagrass disturbed or removed by the digging in an upright position immediately after the worms are taken.

384[Repealed]

s 384 om 2009 SL No. 33 s 31

Part 13 Marine yabby fishery (‘Y’)

385What is the marine yabby fishery

The marine yabby fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—

(a)taking marine yabbies in the fishery area mentioned in section 387;
(b)selling marine yabbies.

386Fishery symbol

The fishery symbol for the fishery is ‘Y’.

387Fishery area

The fishery area consists of the area of all foreshores south of latitude 10º41' south, and east of longitude 142º31'49" east.

s 387 amd 2016 SL No. 74 s 3 sch 1

388What fish may be taken

Only marine yabbies may be taken under the licence.

388ANominees for taking or selling marine yabbies

(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—
(a)take marine yabbies under the licence;
(b)sell marine yabbies taken under the licence.
(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.

s 388A ins 2009 SL No. 61 s 22

389Who may take marine yabbies

(1)Marine yabbies may be taken only by—
(a)the licence holder; or
(b)a nominee of the licence holder under section 388A(1)(a).
(2)For subsection (1), only 1 person may take marine yabbies under the licence at a time.

s 389 sub 2009 SL No. 61 s 22

390Where marine yabbies may be taken

Marine yabbies may be taken only in the area, within the fishery area, stated on the licence.

391Permitted ways of taking marine yabbies

Marine yabbies may only be taken by using—
(a)hand pumps; or,
(b)if stated on the licence, mechanical pumps.

392[Repealed]

s 392 om 2009 SL No. 33 s 32

Chapter 8 Commercial line fisheries

Part 1 Line fishery (other than Great Barrier Reef region) (‘L1’)

393What is the line fishery (other than Great Barrier Reef region)

The line fishery (other than Great Barrier Reef region) is activities by way of fishing—
(a)in the fishery area mentioned in section 395; and
(b)under the authorisations and conditions stated in this part.

394Fishery symbol

The fishery symbol for the fishery is ‘L1’.

Note—

See also section 591D(a).

s 394 amd 2015 SL No. 12 s 16

395Fishery area

The fishery area consists of the area of tidal waters south of latitude 24º30' south.

s 395 amd 2016 SL No. 74 s 3 sch 1

396What fish may be taken

Fin fish, other than spanish mackerel or regulated coral reef fin fish, may be taken under the licence.

397Permitted ways of taking fin fish

(1)Fin fish may only be taken by using fishing lines.
(2)A person must not use more than 3 fishing lines at a time.
(3)The total number of hooks or lures attached to the lines must not be more than 6.

Example—

A person might use—
(a)1 fishing line with 6 hooks attached to it; or
(b)3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.

398Use of primary boats

A primary boat must not be longer than 20m.

399Use of tender boats

A tender boat must not be used more than 5n miles from its primary boat.

400Permitted distance for an assistant fisher to be under direction

If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 5n miles.

Part 2 Line fishery (reef) (‘L2’, ‘L3’)

401What is the line fishery (reef)

The line fishery (reef) is activities by way of fishing—
(a)in the fishery area mentioned in section 403; and
(b)under the authorisations and conditions stated in this part.

402Fishery symbols

The fishery symbols for the fishery are ‘L2’ or ‘L3’.

Note—

See also section 591D(b).

s 402 amd 2015 SL No. 12 s 17

403Fishery area

The fishery area consists of the area of all tidal waters within the following boundary—
from the northern tip of Cape York along latitude 10º41' south, to longitude 145º east
to latitude 13º south, longitude 145º east
to latitude 15º south, longitude 146º east
to latitude 17º30' south, longitude 147º east
to latitude 21º south, longitude 152º55' east
to latitude 24º30' south, longitude 154º east
along latitude 24º30' south to the mainland shore
along the shore to the northern tip of Cape York at latitude 10º41' south.

s 403 amd 2016 SL No. 74 s 3 sch 1

404What fish may be taken

Fin fish, other than barramundi, spanish mackerel or regulated coral reef fin fish, may be taken under the licence.

405Permitted ways of taking fin fish

(1)Fin fish may only be taken by using fishing lines.
(2)A person must not use more than 3 fishing lines at a time.
(3)The total number of hooks or lures attached to the lines must not be more than 6.

Example—

A person might use—
(a)1 fishing line with 6 hooks attached to it; or
(b)3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.

406Use of primary boats

A primary boat must not be longer than 20m.

407Use of tender boats

(1)A tender boat must not be used further than 5n miles from its primary boat.
(2)Subsection (1) does not apply if the tender boat and its primary boat are located on the same reef.

408Permitted distance for an assistant fisher to be under direction

(1)If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 5n miles.
(2)However, any distance is permitted if the boats are located on the same reef.

Part 3 Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) (‘L4’)

pt hdg amd 2009 SL No. 61 s 23

409What is the line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish)

The line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) is activities by way of fishing—
(a)in the fishery area mentioned in section 411; and
(b)under the authorisations and conditions stated in this part.

s 409 amd 2009 SL No. 61 s 24

410Fishery symbol

The fishery symbol for the fishery is ‘L4’.

411Fishery area

The fishery area consists of the area of all tidal waters in the Gulf of Carpentaria south of latitude 10º48' south.

s 411 amd 2009 SL No. 61 s 25; 2016 SL No. 74 s 3 sch 1

412What fish may be taken

Fin fish, other than the following fish, may be taken under the licence—
(a)barramundi;
(b)black jewfish;
(c)blue threadfin;
(d)giant queenfish;
(e)king threadfin;
(f)scaly jewfish;
(g)silver javelin.

s 412 amd 2008 SL No. 448 s 40; 2009 SL No. 61 s 26

413Permitted ways of taking fin fish

(1)Fish may only be taken by using fishing lines.
(2)A person must not use more than 3 fishing lines at a time.
(3)The total number of hooks or lures attached to the lines must not be more than 6.

Example—

A person might use—
(a)1 fishing line with 6 hooks attached to it; or
(b)3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.

414Use of primary boats

A primary boat must not be longer than 20m.

415Use of tender boats

A tender boat must not be used more than 10n miles from its primary boat.

416Permitted distance for an assistant fisher to be under direction

If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 10n miles.

Part 4 [Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

417[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

418[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

419[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

420[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

421[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

422[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

423[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

424[Repealed]

pt 4 (ss 417–424) om 2012 SL No. 252 s 14

Part 5 Line fishery (multiple hook—east coast) (‘L8’)

425What is the line fishery (multiple hook—east coast)

The line fishery (multiple hook—east coast) is activities by way of fishing—
(a)in the fishery area mentioned in section 427; and
(b)under the authorisations and conditions stated in this part.

426Fishery symbol

The fishery symbol for the fishery is ‘L8’.

Note—

See also section 591D(c).

s 426 amd 2015 SL No. 12 s 18

427Fishery area

The fishery area consists of the area of all tidal waters deeper than 200m that are east of longitude 142º31'49" east and the 200m bathometric line.

s 427 amd 2016 SL No. 74 s 3 sch 1

428What fish may be taken

Fin fish, other than barramundi, snapper, spanish mackerel or regulated coral reef fin fish, may be taken under the licence.

429Permitted ways of taking fin fish

(1)Fin fish may only be taken by using—
(a)a line that is weighted so the line is vertical while it is being used in water (a drop line); or
(b)a bottom set line.
(2)A person must be within 100m of a line or group of lines while they are in use.
(3)A bottom set line and a drop line must not be used at the same time.

s 429 amd 2010 SL No. 164 s 48; 2011 SL No. 236 s 11

430Use of drop lines

(1)A drop line must not have more than 50 hooks attached to it.
(2)No more than 6 drop lines may be used at a time.
(3)Each drop line must have attached to it a light coloured float that is at least 30cm in all its dimensions.

431Use of bottom set lines

(1)A bottom set line must not have more than 300 hooks attached to it.
(2)No more than 3 bottom set lines may be used at a time.
(3)However, if more than 1 bottom set line is used, the combined number of hooks on the lines must not be more than 300.
(4)Each end of a bottom set line must have attached to it a light coloured float that is at least 30cm in all its dimensions.

432Use of primary boats

A primary boat must not be longer than 20m.

433Use of tender boats

A tender boat must not be used more than 800m from its primary boat.

434Permitted distance for an assistant fisher to be under direction

If a commercial fisher and an assistant fisher are on separate commercial fishing boats, the permitted distance for the assistant fisher to be under direction of the commercial fisher is 800m.

Chapter 9 Commercial net fisheries

Part 1 General netting and ocean beach fisheries (‘K1’ to ‘K8’)

pt hdg sub 2008 SL No. 448 s 41

Division 1 Net fishery (general netting and ocean beach—area 1) (‘K1’)

div hdg sub 2008 SL No. 448 s 41

435What is the net fishery (general netting and ocean beach—area 1)

The net fishery (general netting and ocean beach—area 1) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 437 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 435 sub 2008 SL No. 448 s 41

436Fishery symbol

The fishery symbol for the fishery is ‘K1’.

437Fishery area

The fishery area under section 435(a) consists of the area of all tidal waters within 400m of a line—
from a point on the shore at the State’s border with New South Wales along the shore to the seaward tip of the southern breakwater wall of the Gold Coast Seaway
to the seaward tip of the northern breakwater wall of the Gold Coast Seaway
along South Stradbroke Island’s eastern shore to 1km north of the northern breakwater wall of the Gold Coast Seaway on South Stradbroke Island.

s 437 amd 2008 SL No. 448 s 42; 2016 SL No. 74 s 3 sch 1

Division 2 Net fishery (general netting and ocean beach—area 2) (‘K2’)

div hdg sub 2008 SL No. 448 s 43

438What is the net fishery (general netting and ocean beach—area 2)

The net fishery (general netting and ocean beach—area 2) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 440 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 438 sub 2008 SL No. 448 s 43

439Fishery symbol

The fishery symbol for the fishery is ‘K2’.

440Fishery area

The fishery area under section 438(a) consists of the area of all tidal waters within 400m of a line—
from a point on the shore 1km south of the southern breakwater wall of the Gold Coast Seaway along the shore to the seaward tip of the breakwater wall
to the seaward tip of the northern breakwater wall of the Gold Coast Seaway
along South Stradbroke Island’s eastern shore to the island’s north eastern tip.

s 440 amd 2008 SL No. 448 s 44; 2016 SL No. 74 s 3 sch 1

Division 3 Net fishery (general netting and ocean beach—area 3) (‘K3’)

div hdg sub 2008 SL No. 448 s 45

441What is the net fishery (general netting and ocean beach—area 3)

The net fishery (general netting and ocean beach—area 3) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 443 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 441 sub 2008 SL No. 448 s 45

442Fishery symbol

The fishery symbol for the fishery is ‘K3’.

443Fishery area

The fishery area under section 441(a) consists of the area of all tidal waters within 400m of a line—
from North Stradbroke Island’s south-eastern tip
along North Stradbroke Island’s eastern and northern shores to the island’s north-western tip.

s 443 amd 2008 SL No. 448 s 46; 2009 SL No. 176 s 19; 2016 SL No. 74 s 3 sch 1

Division 4 Net fishery (general netting and ocean beach—area 4) (‘K4’)

div hdg sub 2008 SL No. 448 s 47

444What is the net fishery (general netting and ocean beach—area 4)

The net fishery (general netting and ocean beach—area 4) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 446 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 444 sub 2008 SL No. 448 s 47

445Fishery symbol

The fishery symbol for the fishery is ‘K4’.

446Fishery area

The fishery area under section 444(a) consists of the area of all tidal waters within 400m of a line from the southern tip of Moreton Island along the island’s eastern and northern shores to Comboyuro Point.

s 446 amd 2008 SL No. 448 s 48; 2016 SL No. 74 s 3 sch 1

Division 5 Net fishery (general netting and ocean beach—area 5) (‘K5’)

div hdg sub 2008 SL No. 448 s 49

447What is the net fishery (general netting and ocean beach—area 5)

The net fishery (general netting and ocean beach—area 5) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 449 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 447 sub 2008 SL No. 448 s 49

448Fishery symbol

The fishery symbol for the fishery is ‘K5’.

449Fishery area

The fishery area under section 447(a) consists of the area of all tidal waters within 400m of a line—
from the F↑B sign at the southern end of South Esplanade, Bongaree, Bribie Island
along Bribie Island’s western, southern and eastern shores to latitude 26º49.5' south where it intersects the eastern shore of Bribie Island.

s 449 amd 2008 SL No. 448 s 50; 2016 SL No. 74 s 3 sch 1

Division 6 Net fishery (general netting and ocean beach—area 6) (‘K6’)

div hdg sub 2008 SL No. 448 s 51

450What is the net fishery (general netting and ocean beach—area 6)

The net fishery (general netting and ocean beach—area 6) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 452 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 450 sub 2008 SL No. 448 s 51

451Fishery symbol

The fishery symbol for the fishery is ‘K6’.

452Fishery area

The fishery area under section 450(a) consists of the area of all tidal waters within 400m of a line—
from latitude 26º48.38' south, longitude 153º08.36' east (the groyne at the southern end of Kings Beach)
along the shore to the eastern tip of Point Cartwright.

s 452 amd 2009 SL No. 61 s 27; 2008 SL No. 448 s 52; 2016 SL No. 74 s 3 sch 1

Division 7 Net fishery (general netting and ocean beach—area 7) (‘K7’)

div hdg sub 2008 SL No. 448 s 53

453What is the net fishery (general netting and ocean beach—area 7)

The net fishery (general netting and ocean beach—area 7) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 455 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 453 sub 2008 SL No. 448 s 53

454Fishery symbol

The fishery symbol for the fishery is ‘K7’.

455Fishery area

The fishery area under section 453(a) consists of the area of all tidal waters within 400m of a line from the eastern tip of Point Cartwright along the shore to the eastern tip of Noosa Heads.

s 455 amd 2008 SL No. 448 s 54; 2016 SL No. 74 s 3 sch 1

Division 8 Net fishery (general netting and ocean beach—area 8) (‘K8’)

div hdg sub 2008 SL No. 448 s 55

456What is the net fishery (general netting and ocean beach—area 8)

The net fishery (general netting and ocean beach—area 8) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 458 under the authorisations and conditions stated in division 9;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 456 sub 2008 SL No. 448 s 55

457Fishery symbol

The fishery symbol for the fishery is ‘K8’.

458Fishery area

The fishery area under section 456(a) consists of the area of all tidal waters within 400m of—
(a)a line—
(i)from the eastern tip of Noosa Heads along the shore to the eastern tip of Inskip Point; and
(ii)then to the southern tip of Fraser Island; and
(iii)then along Fraser Island’s eastern shore to the island’s northern tip; and
(b)the shore of Breaksea Spit.

s 458 amd 2008 SL No. 448 s 56; 2011 SL No. 224 s 23; 2012 SL No. 252 s 15; 2016 SL No. 74 s 3 sch 1

Division 9 Authorisations and conditions of licences for ocean beach fisheries

459Application of div 9

(1)This division applies to a licence under which fish may be taken in a commercial fishery under part 1.
(2)However, if fish are taken under part 2, the authorisations and conditions under part 2 apply to the licence instead of this division.

s 459 sub 2008 SL No. 448 s 57

460What fish may be taken

Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 460 amd 2008 SL No. 156 s 2 sch

461Who may take fish

(1)Subject to subsections (2) and (3), fish may be taken only by—
(a)a commercial fisher; and
(b)at least 2, but no more than 4, assistant fishers.
(2)Subsection (3) applies, if—
(a)fish are taken by 2 or more commercial fishers jointly using 1 or more primary boats and seine nets; and
(b)each of the primary boats may be used in the fishery under a commercial fishing boat licence.
(3)The maximum number of assistant fishers is 4 for each commercial fisher.

462Permitted ways of taking fish

Fish may only be taken by using seine nets.

463Fishery period

Fish may only be taken from 1 April to 31 August.

464Use of seine nets in original fishery area

A seine net may be used in an original ocean beach fishery area only if the net—
(a)is no longer than 500m; and
(b)has—
(i)a mesh size of at least 12mm but no more than 70mm; and
(ii)a drop of at least 150 meshes for at least half of its length.

s 464 amd 2008 SL No. 448 s 58

465Use of primary boats

A primary boat must not be longer than 14m.

466Use of tender boats

A tender boat must not be used more than 800m from its primary boat.

467Permitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.

Part 2 Net fishery (east coast no. 1) (‘K1’–‘K8’, ‘N1’, ‘N2’, ‘N4’, ‘N10’)

pt hdg sub 2008 SL No. 448 s 59

Division 1 Definition

468What is the net fishery (east coast no. 1)

The net fishery (east coast no. 1) is activities by way of fishing—
(a)in the fishery area mentioned in section 470; and
(b)under the authorisations and conditions stated in this part.

Note—

The fishery area and authorisations and conditions are also applied under the following commercial fisheries—
the general netting and ocean beach fisheries under sections 435, 438, 441, 444, 447, 450, 453 and 456
the net fishery east coast (no. 2) under section 493
the net fishery east coast (no. 3) under section 508
the net fishery east coast (no. 4) under section 522.

s 468 amd 2008 SL No. 448 s 60

Division 2 Fishery symbols and area

div hdg sub 2008 SL No. 448 s 61

469Fishery symbols

The fishery symbols for the fishery are ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N1’, ‘N2’, ‘N4’ or ‘N10’.

s 469 sub 2008 SL No. 448 s 61

470Fishery area

The fishery area consists of the area of all tidal waters east of longitude 142º31'49'' east, other than tidal waters of waterways that flow to the sea west of longitude 142º31'49'' east.

s 470 sub 2008 SL No. 448 s 61

amd 2016 SL No. 74 s 3 sch 1

Division 3 Taking fish

471What fish may be taken

Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 471 amd 2008 SL No. 156 s 2 sch

472Permitted ways of taking fish

(1)Fish may be taken only by using—
(a)mesh nets in the way stated in divisions 4, 5 and 7; or
(b)set pocket nets in the way stated in division 6.
(2)Unless otherwise stated in this part, a net that is neither fixed nor hauled must not be used, and a set mesh net must not be set—
(a)in a marked navigation channel; or
(b)within—
(i)400m of a jetty or wharf; or
(ii)100m of another net that is being used.
(3)Only 1 net may be used at a time to take fish.
(4)Despite subsection (3), a single net may be split into 2 or more pieces after the fish are taken, to remove the fish from the net.
(5)Only 1 part of a general purpose mesh net may be fixed while it is being used in offshore waters.
(6)One end of a mesh net may be fixed temporarily while shooting or hauling the net.
(7)Unless otherwise stated in this part, a person using a mesh net must remain on a boat floating on the water within 100m of the net unless the person is setting or retrieving the net.

s 472 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 62

Division 4 Use of mesh or seine nets in particular areas within the fishery area

473Use of seine nets to take prawns in Lake Weyba

(1)A seine net may be used in Lake Weyba only if it is no longer than 25m and has a mesh size of at least 25mm.
(2)However, a seine net may only be used to take prawns in the lake.

s 473 amd 2008 SL No. 448 s 63

474Use of mesh nets in Lakes Cootharaba, Cooroibah and Weyba

A mesh net may be used in Lake Cootharaba, Cooroibah or Weyba only if it is no longer than 1,500m and has a mesh size of at least 50mm but no more than 175mm.

s 474 amd 2008 SL No. 448 s 64

475Use of seine nets to take prawns north of the Mary River

(1)A seine net may be used in waters north of the northern bank of the Mary River only if the net—
(a)is no longer than 100m; and
(b)has a pocket extending over no more than one-quarter of the length of the net; and
(c)has a mesh size of at least 31mm in the pocket and at least 45mm in the rest of the net.
(2)However, a seine net may only be used to take prawns in the waters.

s 475 amd 2008 SL No. 448 s 65

476Use of general purpose mesh nets south of Baffle Creek

(1)This section applies for using a general purpose mesh net in waters, other than waters in a river or creek, south of the northern bank of Baffle Creek.
(2)A general purpose mesh net may be used in the waters only if the net—
(a)is no longer than 800m; and
(b)has a mesh size of at least 50mm (other than in a back net), but no more than 165mm.
(3)A back net may be used with a general purpose mesh net if it has a mesh size of no less than 25mm and no more than 50mm.
(4)Despite subsection (2), a general purpose mesh net must not be used in an original ocean beach fishery area from 1 April to 31 August.

s 476 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 66

amd 2014 SL No. 69 s 9

476AUse of mesh and seine nets south of Baffle Creek

(1)A mesh net or seine net may be used in a river or creek south of the northern bank of Baffle Creek only if—
(a)for a mesh net, the net—
(i)is no longer than 400m; and
(ii)has a mesh size of at least 50mm (other than in a back net), but no more than 165mm; or
(b)for a seine net, the net—
(i)is no longer than 200m; and
(ii)has a mesh size of at least 50mm (other than in a back net), but no more than 165mm.
(2)Despite subsection (1), a mesh net or seine net must not be used in a river or creek in an original ocean beach fishery area from 1 April to 31 August.

s 476A ins 2014 SL No. 69 s 10

477Use of general purpose mesh nets north of Baffle Creek

(1)This section applies for using a general purpose mesh net in waters north of the northern bank of Baffle Creek.
(2)A general purpose mesh net may be used in the waters only if the net—
(a)is no longer than 400m; and
(b)has a mesh size of at least 50mm but no more than 165mm.
(3)From midday on 1 November to midday on 1 February a general purpose mesh net may be used in a waterway or in nearshore waters only if it has a mesh size of at least 50mm but no more than 115mm.

s 477 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 66

478[Repealed]

s 478 amd 2008 SL No. 156 s 2 sch

om 2008 SL No. 448 s 66

479Use of nets that are neither fixed nor hauled in offshore waters of Keppel Bay

(1)This section applies for using a net that is neither fixed nor hauled in offshore waters in Keppel Bay west of a line from Cape Capricorn to Water Park Point.
(2)If all of the net is used within the waters, the net must—
(a)be no longer than 200m; and
(b)have a mesh size of at least 160mm but no more than 165mm.

s 479 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 67 (amd 2009 SL No. 114 s 12)

480Use of nets that are neither fixed nor hauled in offshore waters—generally

(1)This section applies for using a net that is neither fixed nor hauled in offshore waters, other than the waters mentioned in section 479.
(2)If all of the net is used within the waters, the net must—
(a)be no longer than 600m; and
(b)have a mesh size of at least 160mm but no more than 165mm.
(3)The net must not be used in—
(a)the waters north of Cape Flattery from midday 1 November to midday 1 February; or
(b)an original ocean beach fishery area from 1 April to 31 August.

s 480 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 68 (amd 2009 SL No. 114 s 13)

481Use of general purpose mesh nets in nearshore waters

Both ends of a general purpose mesh net may be fixed for no more than 2 hours if—
(a)the net has a mesh size of at least 50mm but no more than 115mm; and
(b)each end of the net remains in nearshore waters or on a foreshore while the net is being used; and
(c)the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used.

s 481 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 68

482Use of set mesh nets in rivers and creeks between Kauri and Baffle Creeks

(1)A set mesh net may be used in a river or creek between the northern bank of Baffle Creek and the southern bank of Kauri Creek, upstream of the shortest line between its banks, only if the net—
(a)is no longer than 120m; and
(b)has a mesh size of at least 100mm but no more than 165mm; and
(c)has a drop of no more than 50 meshes.
(2)No more than 3 set mesh nets may be used in the river or creek.
(3)The set mesh nets may be used in the river or creek only if—
(a)the combined length of the nets is no more than 360m; and
(b)the distance between the first and last net is no more than 1n mile.

s 482 sub 2008 SL No. 448 s 68; 2011 SL No. 224 s 24

amd 2012 SL No. 252 s 16

Division 5 Use of set mesh nets in particular areas within the fishery area

div hdg sub 2008 SL No. 448 s 68

483Use of set mesh nets in offshore waters south of Baffle Creek

(1)A set mesh net may be used in offshore waters south of the northern bank of Baffle Creek only if the net—
(a)is no longer than 600m; and
(b)has a mesh size of at least 100mm but no more than 165mm; and
(c)the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used.
(2)Despite subsection (1), the net must not be used in an original ocean beach fishery area from 1 April to 31 August.

s 483 sub 2008 SL No. 448 s 68

484Use of set mesh nets in offshore waters of Keppel Bay

A set mesh net may be used in offshore waters of Keppel Bay west of a line from Water Park Point to Cape Capricorn only—
(a)if the net—
(i)is no longer than 200m; and
(ii)has a mesh size of at least 160mm but no more than 165mm; and
(b)the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used.

s 484 sub 2008 SL No. 448 s 68

485Use of set mesh nets in offshore waters north of Baffle Creek

(1)This section applies for using a set mesh net in offshore waters north of Baffle Creek, other than the waters mentioned in section 484.
(2)A set mesh net may be used in the waters only if—
(a)the net—
(i)is no longer than 600m; and
(ii)has a mesh size of at least 160mm but no more than 165mm; and
(b)the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used.
(3)Despite subsection (2), a set mesh net must not be used in waters north of Cape Flattery from midday 1 November to midday 1 February.

s 485 sub 2008 SL No. 448 s 68

486[Repealed]

s 486 om 2008 SL No. 448 s 68

Division 6 Use of set pocket nets in particular areas within the fishery area

487Use of set pocket nets in rivers

(1)A set pocket net may be used in the following waters only if it is no longer than 10m and has a mesh size of at least 25mm—
(a)the Fitzroy, Kolan, Burnett, Albert and Logan rivers;
(b)the following waters of the Mary River—
(i)the waters between longitude 152º46.22' east and the Old Bruce Highway Bridge;
(ii)the waters between the lines between the following places marked by F↑B signs—
longitude 152º46.67' east on the northern bank and longitude 152º46.83' east on the southern bank
longitude 152º51.74' east on the northern bank (near ‘Tandora’) and longitude 152º51.71' east on the shore of Crab Island (Meteor Point)
longitude 152º51.62' east on the shore of Crab Island and longitude 152º51.95' east on the southern bank.
(2)However, a set pocket net may only be used to take prawns in the waters.
(3)A set pocket net must not be set within 20m of a jetty or wharf or 100m of another net that is in use.
(4)More than 1 set pocket net may be attached to a head rope if the combined length of the nets is no more than 10m.
(5)The closed end of the pocket of a set pocket net must be marked on the surface of the water by a yellow float that is at least 8cm in all its dimensions.
(6)A person using a set pocket net is not required to be within 100m of it.
(7)Anything used to set a set pocket net must be removed from the water after the net is taken from the water.
(8)However, subsection (7) does not apply for using a set pocket net in the waters mentioned in subsection (1)(b).
(9)In this section—
head rope means that part of a set pocket net from which the meshes of the net are suspended.

s 487 amd 2008 SL No. 448 s 69

Division 7 Other conditions

div hdg prev div 7 hdg om 2008 SL No. 448 s 70

pres div 7 hdg (prev div 8 hdg) renum 2008 SL No. 448 s 71

488[Repealed]

s 488 om 2008 SL No. 448 s 70

489Use of primary boats

(1)A primary boat must not be longer than 14m.
(2)Despite subsection (1), section 517 applies if the fishery symbol ‘N4’ is written on the licence.

s 489 sub 2008 SL No. 448 s 72 (amd 2009 SL No. 114 s 14)

490Use of tender boats

A tender boat must not be used more than 800m from its primary boat.

s 490 amd 2008 SL No. 448 s 73

491Permitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.

s 491 sub 2008 SL No. 448 s 74

492Marking nets

(1)A mesh net must be marked by—
(a)light coloured floats no more than 20m apart along its length; and
(b)a white float—
(i)at least 15cm in all its dimensions; and
(ii)with either the commercial fisher’s name or the primary boat mark written on it at one end of the net.
(2)A set mesh net or a net that is neither fixed nor hauled used in offshore waters must also be marked by—
(a)a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and
(b)light coloured floats, each not less than 15cm in all its dimensions, no more than 100m apart along the length of the net.
(3)Despite subsections (1)(a) and (2)(b), floats are not required along the length of a set mesh net used in offshore waters deeper than its drop if no part of the net is on the surface at any time.
(4)Also, if a set mesh net or a net that is neither fixed nor hauled is used at night, the net must be marked by—
(a)if the combined length of the net and equipment used to set it is no more than 50m—
(i)a white light, visible at least 400m in all directions from the light, at one end of the net; and
(ii)a reflectorised float, at least 15cm in all its dimensions, at the other end of the net;
(b)if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction from the light, at both ends of the net.

s 492 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 74

amd 2012 SL No. 252 s 17

Part 3 Net fishery (east coast no. 2) (‘N2’)

pt hdg sub 2008 SL No. 448 s 75

493What is the net fishery (east coast no. 2)

The net fishery (east coast no. 2) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 495 under the authorisations and conditions stated in this part;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.

s 493 sub 2008 SL No. 448 s 75

494Fishery symbol

The fishery symbol for the fishery is ‘N2’.

495Fishery area

The fishery area under section 493(a) consists of the area of all tidal waters east of longitude 142º31'49'' east and north of the southern bank of Kauri Creek, other than tidal waters of waterways that flow to the sea west of longitude 142º31'49'' east.

s 495 sub 2008 SL No. 448 s 76

amd 2016 SL No. 74 s 3 sch 1

496What fish may be taken

Any fish, other than regulated coral reef fin fish, may be taken under the licence.

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 496 amd 2008 SL No. 156 s 2 sch; 2008 SL No. 314 s 22

497Permitted ways of taking fish

(1)Fish may only be taken using set mesh nets.
(2)Unless otherwise stated in this part, a set mesh net must not be set within 100m of another net that is being used.
(3)Despite subsection (2), a person using more than 1 set mesh net, other than in a river or creek, may set the nets within 100m of each other.
(4)Unless otherwise stated in this part, a person using the net must not be more than 800m from the net or, if more than one net is set, within 800m of the first or last net or between the nets.

s 497 sub 2008 SL No. 448 s 77

497AUse of set mesh nets in nearshore waters between Burnett River and Baffle Creek

(1)A set mesh net may be used in nearshore waters between the northern bank of the Burnett River and the northern bank of Baffle Creek only if the net—
(a)is no longer than 120m; and
(b)has—
(i)a mesh size of at least 100mm but no more than 215mm; and
(ii)a drop of no more than 50 meshes.
(2)A set mesh net must not be used within 400m of a jetty or wharf.
(3)A set mesh net must not be used from midday on 1 September to midday on 1 February.

s 497A ins 2008 SL No. 448 s 77

amd 2016 SL No. 193 s 21

498Use of set mesh nets in nearshore waters between Baffle Creek and Cape Flattery

(1)A set mesh net may be used in nearshore waters between the northern bank of Baffle Creek and Cape Flattery.
(2)No part of a set mesh net used in nearshore waters around Girt Island may be more than 1km from the shore of Girt Island at low water.
(3)A set mesh net used in any nearshore waters in the fishery area must have 1 part of the net in nearshore waters or on a foreshore while the net is being used.
(4)A set mesh net must be no longer than 600m and must have a mesh size of at least 100mm but no more than 215mm.
(5)However, if a set mesh net is used from midday 1 November to midday 1 February in nearshore waters north of the northern bank of St. Lawrence Creek, the mesh size of the net must not be more than 115mm.
(6)A person may set up to 3 set mesh nets if their combined length is no more than 600m and the distance between the first and last net is no more than 1n mile.
(7)A set mesh net must not be set within 400m of a jetty, wharf or another net that is being used.

s 498 sub 2008 SL No. 448 s 77

amd 2016 SL No. 193 s 22

499Use of set mesh nets in rivers and creeks between Kauri Creek and Cape Flattery

(1)A set mesh net may be used in rivers and creeks between the southern bank of Kauri Creek and Cape Flattery only if the net—
(a)is no longer than 120m; and
(b)has—
(i)a mesh size of at least 150mm but no more than 215mm; and
(ii)a drop of no more than 50 meshes.
(2)A set mesh net must not be used within 400m of a jetty or wharf.
(3)No more than 3 set mesh nets may be set if their combined length is no more than 360m and the distance between the first and last net is no more than 1n mile.
(4)A set mesh net must not be used from midday 1 November to midday 1 February in rivers and creeks north of the northern bank of Baffle Creek.
(5)Despite subsection (1)(b)(i), from midday 1 May to midday 31 August, 1 (but no more than 1) of the set mesh nets used under this section may have a mesh size of at least 125mm but no more than 215mm.

s 499 amd 2008 SL No. 448 s 78

500[Repealed]

s 500 amd 2008 SL No. 156 s 2 sch

om 2008 SL No. 448 s 79

501[Repealed]

s 501 om 2008 SL No. 448 s 79

502Use of set mesh nets in rivers and creeks north of Cape Flattery

(1)A set mesh net may be used in rivers and creeks north of Cape Flattery only if the net—
(a)is no longer than 120m; and
(b)has a mesh size of at least 150mm but no more than 215mm and a drop of no more than 50 meshes.
(2)No more than 6 set mesh nets may be set if their combined length is no more than 360m and the distance between the first and last net is no more than 1n mile.
(3)A set mesh net must not be used within 400m of a jetty or wharf.
(4)A set mesh net must not be used from midday on 1 November to midday on 1 February.

s 502 amd 2008 SL No. 448 s 80

503Use of set mesh nets in nearshore waters north of Cape Flattery

(1)A set mesh net may be used in nearshore waters north of Cape Flattery only if it is no longer than 600m and has a mesh size of at least 150mm but no more than 215mm.
(2)A part of the set mesh net must be in nearshore waters or on a foreshore while the net is being used.
(3)No more than 6 mesh nets may be set if their combined length is no more than 600m and the distance between the first and last net is no more than 1n mile.
(4)A set mesh net must not be used within 400m of a jetty or wharf.
(5)A set mesh net must not be used from midday on 1 November to midday on 1 February.

s 503 sub 2008 SL No. 448 s 81

amd 2016 SL No. 193 s 23

504Use of primary boats

(1)A primary boat must not be longer than 14m.
(2)Despite subsection (1), section 517 applies if the fishery symbol ‘N4’ is written on the licence.

s 504 amd 2009 SL No. 114 s 23

505Use of tender boats

(1)A tender boat must not be used more than 800m from its primary boat.
(2)However, if more than 1 net is used, a tender boat may be used within 800m of the first or last net or between the nets.
(3)Subsection (2) only applies if the primary boat is also within 800m of the first or last net or between the nets.

506Permitted distance for an assistant fisher to be under direction

(1)The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.
(2)However, if more than 1 net is used, the assistant fisher is taken to be within the permitted distance if the fisher is within 800m of the first or last net or between the nets.
(3)Subsection (2) only applies if the commercial fisher is also within 800m of the first or last net or between the nets.

507Marking nets

(1)A set mesh net used during the day must be marked by—
(a)light coloured floats no more than 20m apart along its length; and
(b)a white float—
(i)at least 15cm in all its dimensions; and
(ii)with either the commercial fisher’s name or the primary boat mark written on it at the end of the net farthest from the shore.
(2)A set mesh net used at night must also be marked by—
(a)if the combined length of the net and equipment used in setting it is no more than 50m—
(i)a white light, visible at least 400m in all directions from the light, at its end farthest from the shore; and
(ii)a reflectorised float, at least 15cm in all its dimensions, at the end of the net nearest the shore; and
(b)if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction from the light, at both ends of the net.

s 507 amd 2012 SL No. 252 s 18

Part 3A Net fishery (Gulf of Carpentaria no. 1) (‘N3’)

pt hdg ins 2011 SL No. 236 s 12

Division 1 Definition

div 1 (s 507A) ins 2011 SL No. 236 s 12

507AWhat is the net fishery (Gulf of Carpentaria no. 1)

The net fishery (Gulf of Carpentaria no. 1) is activities by way of fishing—
(a)in the fishery area mentioned in section 507C; and
(b)under the authorisations and conditions stated in this part.

div 1 (s 507A) ins 2011 SL No. 236 s 12

Division 2 Fishery symbol and area

div 2 (ss 507B–507C) ins 2011 SL No. 236 s 12

507BFishery symbol

The fishery symbol for the fishery is ‘N3’.

div 2 (ss 507B–507C) ins 2011 SL No. 236 s 12

507CFishery area

The fishery area under section 507A(a) consists of the area of the tidal waters—
(a)in the Gulf of Carpentaria west of longitude 142º31'49'' east that are within 7n miles of—
(i)the mainland shore; or
(ii)the shore of an island; and
(b)of waterways that join the waters mentioned in paragraph (a).

s 507C ins 2011 SL No. 236 s 12

amd 2016 SL No. 74 s 3 sch 1

Division 3 Taking fish

div 3 (ss 507D–507E) ins 2011 SL No. 236 s 12

507DWhat fish may be taken

Only the following fish may be taken under the licence—
(a)barramundi;
(b)barred javelin;
(c)black jewfish;
(d)blue threadfin;
(e)king threadfin;
(f)queenfish;
(g)scaly jewfish;
(h)other fin fish, excluding regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (g).

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

div 3 (ss 507D–507E) ins 2011 SL No. 236 s 12

507EPermitted ways of taking fish—set mesh nets

(1)Fish may be taken only by using a set mesh net.
(2)A power assisted device may be used with a set mesh net.

div 3 (ss 507D–507E) ins 2011 SL No. 236 s 12

Division 4 Use of mesh nets

div hdg ins 2011 SL No. 236 s 12

507FGeneral restrictions on use of set mesh nets

(1)A set mesh net must not be used—
(a)in a marked navigation channel; or
(b)within 400m of a jetty or wharf; or
(c)across a waterway or navigation channel so that—
(i)its ropes make the waterway or navigation channel impassable to a boat; or
(ii)the net extends to more than one-half of the width of the waterway or navigation channel where the net is used.
(2)A reference in subsection (1) to using a set mesh net across a waterway or navigation channel includes using more than 1 set mesh net in a line across the waterway or navigation channel, regardless of the distance between the nets.
(3)A set mesh net must not be used within 100m of any other net that is in use.
(4)Despite subsection (3), a person using more than 1 set mesh net other than in a river or creek may set the nets within 100m of each other.
(5)If a set mesh net is used in a river or creek, no other net may be used at the same time other than in a river or creek.

s 507F ins 2011 SL No. 236 s 12

507GFishery period

A set mesh net may not be used in a barramundi (Gulf) regulated period.

s 507G ins 2011 SL No. 236 s 12

507HUse in a river or creek

(1)A set mesh net may be used in a river or creek only if the set mesh net—
(a)is no longer than 120m; and
(b)has a mesh size of at least 160mm but no more than 215mm; and
(c)has a drop of no more than 50 meshes.
(2)No more than 6 nets may be set in the river or creek, regardless of the number of fishery symbols ‘N3’ written on the licence.
(3)The nets may be set if—
(a)their combined length is no longer than 360m; and
(b)the distance between the first and last net is no longer than 5n miles.
(4)A person using a net must be no more than 5n miles from any net the person is using.
(5)If a power assisted device is on a boat, no more than 360m of the net may be attached to the device.
(6)If a power assisted device is used, all nets on the boat, other than the net on the device, must be stowed and secured.

s 507H ins 2011 SL No. 236 s 12

amd 2012 SL No. 252 s 19

507IUse in nearshore waters

(1)This section applies to the use of a set mesh net in nearshore waters.
(2)A set mesh net may be used only if—
(a)it is no longer than 600m; and
(b)has a mesh size of at least 160mm but no more than 215mm.
(3)No more than 6 nets may be set in nearshore waters, regardless of the number of fishery symbols ‘N3’ written on the licence.
(4)The nets may be set if—
(a)their combined length is no longer than 600m; and
(b)the distance between the first and last net is no longer than 6n miles.
(5)A person using a net must be no more than 6n miles from any net the person is using.
(6)If a power assisted device is on a boat, no more than 600m of the net may be attached to the device.
(7)If a power assisted device is used, all nets on the boat, other than the net on the device, must be stowed and secured.

s 507I ins 2011 SL No. 236 s 12

amd 2012 SL No. 252 s 20

507JUse in offshore waters if ‘N3’ written on licence only once

(1)This section applies if the licence has the fishery symbol ‘N3’ written on it only once.
(2)A set mesh net may be used in offshore waters only if—
(a)the net is no longer than 300m, whether or not a power assisted device is used; and
(b)the net has a mesh size of at least 160mm but no more than 165mm; and
(c)the net’s drop is not more than 50 meshes; and
(d)there are no other nets on the boat; and
(e)the person using the net remains on a boat floating on the water and within 100m of the net while the net is being used; and
(f)the net is not used as a bottom set net.

s 507J ins 2011 SL No. 236 s 12

507KUse in offshore waters if ‘N3’ written on licence more than once

(1)This section applies if the licence has the fishery symbol ‘N3’ written on it more than once.
(2)A set mesh net may be used in offshore waters only if—
(a)the net is no longer than 600m, whether or not a power assisted device is used; and
(b)the net has a mesh size of at least 160mm but no more than 165mm; and
(c)the net’s drop is not more than 50 meshes; and
(d)all other nets on the boat are stowed and secured; and
(e)the person using the net remains on a boat floating on the water and within 100m of the net while the net is being used; and
(f)the net is not used as a bottom set net.

s 507K ins 2011 SL No. 236 s 12

507LMarking nets

(1)A set mesh net being used during the day must be marked by—
(a)light coloured floats no more than 20m apart along its length; and
(b)a white float—
(i)at least 15cm in each of its dimensions; and
(ii)with the primary boat mark written on it at the end of the net that is the farthest from the primary boat; and
(iii)with a radar reflector attached to it.
(2)A set mesh net being used at night must also be marked by—
(a)if the combined length of the net and equipment used to set it is no more than 50m—
(i)a white light, visible at least 400m in all directions, at its end farthest from the shore; and
(ii)a reflectorised float, at least 15cm in each of its dimensions, at its end nearest the shore; or
(b)if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction, at both ends of the net.
(3)Also, if the net is being used in offshore waters, it must be marked by—
(a)6 floats along its length, each not less than 15cm in each of their dimensions; and
(b)a pole with an orange flag on it at least 2m above the water attached to its end farthest from the shore.

s 507L ins 2011 SL No. 236 s 12

Division 5 Other conditions

div 5 (ss 507M–507O) ins 2011 SL No. 236 s 12

507MUse of primary boats

A primary boat longer than 14m must not be used.

div 5 (ss 507M–507O) ins 2011 SL No. 236 s 12

507NPermitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 5n miles.

div 5 (ss 507M–507O) ins 2011 SL No. 236 s 12

507OProhibition on use of bottom set nets in offshore waters

A bottom set net must not be used in offshore waters.

div 5 (ss 507M–507O) ins 2011 SL No. 236 s 12

Part 4 Net fishery (east coast no. 3) (‘N4’)

pt hdg sub 2008 SL No. 448 s 82

Division 1 Definition

div hdg sub 2008 SL No. 448 s 82

508What is the net fishery (east coast no. 3)

The net fishery (east coast no. 3) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 510 under the authorisations and conditions stated in this part;
(b)the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2, other than sections 473, 474, 475 and 487.

s 508 sub 2008 SL No. 448 s 82

Division 2 Fishery symbol and area

div hdg sub 2008 SL No. 448 s 82

509Fishery symbol

The fishery symbol for the fishery is ‘N4’.

s 509 sub 2008 SL No. 448 s 82

510Fishery area

The fishery area under section 508(a) consists of all offshore waters deeper than 20m deep east of longitude 142º31'49'' east and north of latitude 26º south.

s 510 sub 2008 SL No. 448 s 82

Division 3 Taking fish

div hdg sub 2008 SL No. 448 s 82

511What fish may be taken

Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 511 amd 2008 SL No. 156 s 2 sch; 2008 SL No. 314 s 23

sub 2008 SL No. 448 s 82

512Permitted ways of taking fish

(1)Fish may only be taken using set mesh nets or nets that are neither fixed nor hauled.
(2)A net mentioned in subsection (1) must have a mesh size of at least 160mm but no more than 165mm.
(3)Unless otherwise stated in this part, a net that is neither fixed nor hauled must not be used and a set mesh net must not be set—
(a)in a marked navigation channel; or
(b)within—
(i)400m of a jetty or wharf; or
(ii)100m of another net that is being used.

s 512 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 82

Division 4 Use of mesh nets

div hdg sub 2008 SL No. 448 s 82

513Use of nets that are neither fixed nor hauled in Keppel Bay

A net that is neither fixed nor hauled may be used in Keppel Bay west of a line from Cape Capricorn to Water Park Point only if—
(a)the net is no longer than 200m; and
(b)the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used.

s 513 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 82

514Use of nets that are neither fixed nor hauled

(1)This section applies for using a net that is neither fixed nor hauled in the fishery area mentioned in section 510, other than the waters mentioned in section 513.
(2)A net that is neither fixed nor hauled may be used in the waters only if—
(a)the net is no longer than 1,200m; and
(b)the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used.
(3)Despite subsection (2), a net that is neither fixed nor hauled must not be used in the waters north of Cape Flattery from midday 1 November to midday 1 February.

s 514 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 82

515Use of set mesh nets in Keppel Bay

A set mesh net may be used in offshore waters of Keppel Bay west of a line from Water Park Point to Cape Capricorn only if—
(a)the net is no longer than 200m; and
(b)the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used.

s 515 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 82

516Use of set mesh nets in offshore waters

(1)This section applies for using a set mesh net in the fishery area mentioned in section 510, other than the waters mentioned in section 515.
(2)A set mesh net may be used in the waters only if—
(a)the net is no longer than 1,200m; and
(b)the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used.
(3)Despite subsection (2), a set mesh net must not be used in the waters north of Cape Flattery from midday 1 November to midday 1 February.

s 516 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 82

Division 5 Other conditions

div hdg sub 2008 SL No. 448 s 82

517Use of primary boats

A primary boat must not be longer than 16m.

s 517 sub 2008 SL No. 448 s 82

518Use of tender boats

A tender boat must not be used more than 800m from its primary boat.

s 518 sub 2008 SL No. 448 s 82

519Permitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m.

s 519 sub 2008 SL No. 448 s 82

520Marking nets

(1)A net must be marked—
(a)at one end, by a white float—
(i)at least 15cm in all its dimensions; and
(ii)with either the commercial fisher’s name or the primary boat mark written on it; and
(b)by a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and
(c)by light coloured floats no more than 20m apart along its length; and
(d)by surface floats no more than 100m apart along its length each of which is at least 15cm in all its dimensions.
(2)Despite subsection (1)(c) and (d), surface floats are not required along the length of a set mesh net that is used in offshore waters deeper than its drop if no part of the net is on the surface at any time.
(3)Also if a net is used at night it must be marked by—
(a)if the combined length of the net and equipment used to set it is no more than 50m—
(i)a white light, visible at least 400m in all directions from the light, at one end of the net; and
(ii)a reflectorised float, at least 15cm in all its dimensions, at the other end of the net; or
(b)if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction from the light, at both ends of the net.

s 520 sub 2008 SL No. 448 s 82

amd 2012 SL No. 252 s 21

521VMS equipment requirements

A licence holder or person in control of a boat identified in the licence must ensure that VMS equipment is installed, maintained and used on the boat in compliance with the VMS equipment requirements.

Note—

See chapter 14, part 7 (VMS equipment requirements).

s 521 sub 2008 SL No. 448 s 82

amd 2010 SL No. 164 s 49; 2011 SL No. 106 s 13

Division 6 [Repealed]

(Repealed)

div hdg om 2008 SL No. 448 s 82

Division 7 [Repealed]

(Repealed)

div hdg om 2008 SL No. 448 s 82

Part 4AA [Repealed]

pt hdg ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

Division 1 [Repealed]

div hdg ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521A[Repealed]

s 521A ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

Division 2 [Repealed]

div hdg ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521B[Repealed]

s 521B ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521C[Repealed]

s 521C ins 2011 SL No. 236 s 13

amd 2016 SL No. 74 s 3 sch 1

om 2016 SL No. 193 s 24

Division 3 [Repealed]

div hdg ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521D[Repealed]

s 521D ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521E[Repealed]

s 521E ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521F[Repealed]

s 521F ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

Division 4 [Repealed]

div hdg ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521G[Repealed]

s 521G ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521H[Repealed]

s 521H ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

Division 5 [Repealed]

div hdg ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521I[Repealed]

s 521I ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521J[Repealed]

s 521J ins 2011 SL No. 236 s 13

om 2012 SL No. 252 s 22

521K[Repealed]

s 521K ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521L[Repealed]

s 521L ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

521M[Repealed]

s 521M ins 2011 SL No. 236 s 13

om 2016 SL No. 193 s 24

Part 4A Net fishery (east coast no. 4) (‘N10’)

pt hdg ins 2008 SL No. 448 s 82

522What is the net fishery (east coast no. 4)

The net fishery (east coast no. 4) is activities by way of fishing in only 1 of the following at any one time—
(a)the fishery area mentioned in section 524, under the authorisations and conditions stated in this part;
(b)the fishery area mentioned in section 470, under the authorisations and conditions stated in part 2.

s 522 sub 2008 SL No. 448 s 82

523Fishery symbol

The fishery symbol for the fishery is ‘N10’.

s 523 sub 2008 SL No. 448 s 82

524Fishery area

The fishery area under section 522(a) consists of the area of foreshore waters, other than foreshore waters of a river or creek, in the area of the following—
(a)foreshores of Moreton Bay on the mainland between F↑B signs at each of the following places—
Little Rocky Point and about 800m south of Point Talburpin
about 800m either side of Moogurrapum Creek, Redland Bay
Point Halloran and about 700m south of Oyster Point
about 800m south of the southern bank of Hilliards Creek and about 1km south of Wellington Point
the eastern shore of Fisherman Island and about 800m north of Wynnum Creek (including the Boat Passage foreshore but not the Brisbane River foreshore)
the western end of Sunnyside Road, Scarborough and about 100m south of the seaward end of Seaview Parade, Deception Bay
the boat ramp at the department’s Fisheries Research Laboratory at Deception Bay and the southern bank of the Caboolture River;
(b)within the boundary—
from latitude 27º22'37'' south, longitude 153º9'35'' east
along the mainland shore to latitude 27º21'38'' south, longitude 153º8'35'' east
to latitude 27º21'32'' south, longitude 153º8'38'' east
to latitude 27º21'26'' south, longitude 153º8'59'' east
to latitude 27º21'13'' south, longitude 153º9'10'' east
to latitude 27º21'37'' south, longitude 153º10'15'' east
to latitude 27º22'37'' south, longitude 153º9'35'' east;
(c)foreshores of Moreton Bay islands, other than the western foreshore of Cassim Island and the southern foreshore of King Island, north of the following lines—
from Little Rocky Point
to the southern tip of Russell Island
to the nearest point on the western shore of North Stradbroke Island;
(d)Tin Can Inlet, Pelican Bay and Tin Can Bay between the following lines—
a line from the northern bank of Snapper Creek to the southern bank of Carlo Creek
a line from the southern bank of Kauri Creek to Inskip Point;
(e)Great Sandy Strait and Wide Bay Harbour between the following lines—
a line from the northern bank of Kauri Creek to Hook Point
a line from the northern bank of Pulgul Creek (also known as Arangarandin Creek) to the southern tip of Big Woody Island, and then to McKenzie’s Jetty, Fraser Island.

s 524 sub 2008 SL No. 448 s 82

amd 2011 SL No. 224 s 25; 2014 SL No. 69 s 11; 2016 SL No. 74 s 5

525What fish may be taken

Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence.

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 525 amd 2008 SL No. 156 s 2 sch

sub 2008 SL No. 448 s 82

525APermitted ways of taking fish

(1)Fish may only be taken by using a tunnel net.
(2)A commercial fisher and at least 1 other fisher must be within 100m of the net while it is in use.

s 525A ins 2008 SL No. 448 s 82 (amd 2009 SL No. 114 s 15)

525BUse of tunnel nets

(1)A tunnel net must not be longer than 1,700m, excluding its tunnel length.
(2)A tunnel net must have—
(a)a tunnel length of no more than 200m; and
(b)a tunnel entrance width of between 1.5m and 4m; and
(c)a mesh size of—
(i)for the tunnel—no more than 50mm; and
(ii)for the part of the net within 400m adjacent to each side of the tunnel—at least 25mm; and
(iii)for the rest of the net—at least 44mm.
(3)The tunnel of a tunnel net must—
(a)extend out to sea beyond low water for at least 30m in water at least 30cm deep; and
(b)be in place before the rest of the net is deployed.

s 525B ins 2008 SL No. 448 s 82; 2009 SL No. 176 s 20

525CUse of primary boats

A primary boat must not be longer than 14m.

s 525C ins 2008 SL No. 448 s 82

525DUse of tender boats

A tender boat must not be used more than 1,700m from its primary boat.

s 525D ins 2008 SL No. 448 s 82

525EPermitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 1,700m.

s 525E ins 2008 SL No. 448 s 82

525FMarking nets

A tunnel net set at night must be marked by a white light—
(a)at both ends of the net and at the end of the tunnel farthest from the shore; and
(b)visible at least 400m in all directions from the light.

s 525F ins 2008 SL No. 448 s 82

Part 5 Net fishery (no. 11) (‘N11’)

pt hdg sub 2008 SL No. 448 s 82

526What is the net fishery (no. 11)

The net fishery (no. 11) is activities by way of fishing—
(a)in the fishery area mentioned in section 528; and
(b)under the authorisations and conditions stated in this part.

s 526 amd 2008 SL No. 448 s 83

527Fishery symbol

The fishery symbol for the fishery is ‘N11’.

s 527 amd 2008 SL No. 448 s 84; 2011 SL No. 236 s 2 sch

528Fishery area

The fishery area consists of the area of—
(a)tidal waters east of longitude 142º31'49'' east (the eastern ‘N11’ area); and
(b)tidal waters (the Gulf ‘N11’ area)—
(i)in the Gulf of Carpentaria west of longitude 142º31'49'' east between—
(A)the 25n mile line; and
(B)the mainland shore or the shore of an island; and
(ii)of waterways that join the waters mentioned in subparagraph (i).

s 528 sub 2008 SL No. 448 s 85; 2011 SL No. 236 s 14

amd 2016 SL No. 74 s 3 sch 1

529What fish may be taken

(1)Any fin fish, other than barramundi or regulated coral reef fin fish, may be taken in the eastern ‘N11’ area.
(2)Only the following fish may be taken in the Gulf ‘N11’ area—
(a)garfish;
(b)mullet;
(c)other fin fish, excluding barramundi and regulated coral reef fin fish, but only if the fish are taken while taking garfish or mullet.

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 529 amd 2008 SL No. 156 s 2 sch

sub 2011 SL No. 236 s 14

amd 2016 SL No. 193 s 25

530Permitted ways of taking fish

(1)Fish may only be taken—
(a)in the eastern ‘N11’ area—by using cast or mesh nets; or
(b)in the Gulf ‘N11’ area—by using cast, mesh, scoop or seine nets.
(2)However, for taking fish in the Gulf ‘N11’ area, a power assisted device must not be used with a net.
(3)A person using a net must be within 100m of it.
(4)Only 1 end of a net may be fixed while the net is in use.
(5)However, for taking fish in the eastern ‘N11’ area, both ends of a net may be fixed for no more than 2 hours if each end is in nearshore waters.

s 530 amd 2008 SL No. 448 s 86

sub 2011 SL No. 236 s 14

531Use of primary boats

A primary boat must not be longer than 20m.

532Use of cast nets

A cast net may be used in the fishery area only if the net—
(a)is no longer than 3.7m; and
(b)has a mesh size of no more than 28mm.

532AUse of scoop nets

A scoop net may be used in the fishery area only if the net—
(a)is no more than 2m in each of its dimensions; and
(b)has a mesh size of at least 25mm and a handle or shaft no longer than 2.5m.

s 532A ins 2011 SL No. 236 s 15

533Use of mesh nets in particular offshore and nearshore waters in the eastern ‘N11’ area

(1)A mesh net may be used in the following offshore and nearshore waters in the eastern ‘N11’ area only if the net is no longer than 400m and has a mesh size of at least 12mm but no more than 45mm—
(a)waters east of longitude 142º31'49'' east and north of the northern bank of Baffle Creek;
(b)Moreton Bay (whole) waters;
(c)the waters of Hervey Bay, Great Sandy Strait, Wide Bay Harbour, Pelican Bay, Tin Can Bay and Tin Can Inlet between the following lines—
a line from the southern bank of Theodolite Creek to Arch Cliff, Fraser Island
a line from the eastern tip of Inskip Point to Hook Point, Fraser Island.
(2)A back net may be used with a mesh net in nearshore waters south of the northern bank of Baffle Creek.

s 533 sub 2008 SL No. 448 s 87

amd 2011 SL No. 236 s 16

533AUse of mesh nets in other offshore and nearshore waters in the eastern ‘N11’ area

(1)This section applies for using a mesh net in offshore and nearshore waters in the eastern ‘N11’ area south of the northern bank of Baffle Creek, other than the waters mentioned in sections 533(1)(b) or (c).
(2)The net may be used in the waters only if the net is—
(a)no longer than 600m; and
(b)has a mesh size of at least 12mm but no more than 45mm.
(3)A mesh net may be used in an original ocean beach fishery area from 1 April to 31 August only if the net is—
(a)no longer than 200m; and
(b)has a mesh size of at least 12mm but no more than 25mm.
(4)A back net may be used with a mesh net in nearshore waters.

s 533A ins 2008 SL No. 448 s 87

amd 2011 SL No. 236 s 17

533AA Use of mesh nets in offshore and nearshore waters in the Gulf ‘N11’ area

(1)This section applies to using a mesh net in the Gulf ‘N11’ area.
(2)A mesh net may be used—
(a)in offshore waters, only if it—
(i)is no longer than 400m; and
(ii)has a mesh size of at least 25mm but no more than 45mm; and
(b)in nearshore waters, only if it—
(i)is no longer than 200m; and
(ii)has a mesh size of at least 25mm but no more than 45mm.

s 533AA ins 2011 SL No. 236 s 18

533BUse of mesh nets in rivers and creeks

A mesh net may be used in a river or creek only if the net is—
(a)no longer than 200m; and
(b)has a mesh size of at least 25mm but no more than 45mm.

s 533B ins 2008 SL No. 448 s 87

534Use of tender boats

A tender boat must not be used—
(a)in the eastern ‘N11’ area—more than 800m from its primary boat; or
(b)in the Gulf ‘N11’ area—more than 6n miles from its primary boat.

s 534 sub 2011 SL No. 236 s 19

535Permitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is—
(a)800m in the eastern ‘N11’ area; and
(b)6n miles in the Gulf ‘N11’ area.

s 535 sub 2011 SL No. 236 s 19

535AMarking nets

(1)A mesh net must be marked by—
(a)light coloured floats no more than 20m apart along its length; and
(b)a white float—
(i)at least 15cm in all its dimensions, at one end of the net or if the net is used in nearshore waters, the end of the float farthest from the shore; and
(ii)with either the commercial fisher’s name or the primary boat mark written on it.
(2)Also, a mesh net used at night must be marked by—
(a)if the combined length of the net and equipment used to set it is no more than 50m—
(i)a white light, visible at least 400m in all directions from the light, at one end of the net or if the net is used in nearshore waters, the end of the net farthest from the shore; and
(ii)a reflectorised float, at least 15cm in all its dimensions, at one end of the net or if the net is used in nearshore waters, the end of the net farthest from the shore; or
(b)if the combined length of the net and equipment used to set it is more than 50m, a white light, visible at least 400m in any direction from the light, at both ends of the net.

s 535A ins 2008 SL No. 448 s 88

amd 2012 SL No. 252 s 23

Part 6 Net fishery (Gulf of Carpentaria no. 3) (‘N12’)

pt hdg prev pt 6 hdg om 2008 SL No. 448 s 89

pres pt 6 hdg ins 2011 SL No. 236 s 20

Division 1 Definition

div hdg ins 2011 SL No. 236 s 20

536What is the net fishery (Gulf of Carpentaria no. 3)

The net fishery (Gulf of Carpentaria no. 3) is activities by way of fishing—
(a)in the fishery area mentioned in section 538; and
(b)under the authorisations and conditions stated in this part.

s 536 prev s 536 om 2008 SL No. 448 s 89

pres s 536 ins 2011 SL No. 236 s 20

Division 2 Fishery symbol and area

div hdg ins 2011 SL No. 236 s 20

537Fishery symbol

The fishery symbol for the fishery is ‘N12’.

s 537 prev s 537 om 2008 SL No. 448 s 89

pres s 537 ins 2011 SL No. 236 s 20

538Fishery area

(1)The fishery area under section 536(a) consists of the area of all tidal waters in the Gulf of Carpentaria west of longitude 142º31'49'' east that are beyond the 7n mile line and within the following boundary—
from latitude 16º23.6' south, longitude 138º4.56' east to latitude 16º12.17' south, longitude 138º16.03' east
to latitude 16º12.18' south, longitude 138º16.04' east
to latitude 16º8.09' south, longitude 138º19.36' east
to latitude 16º7.45' south, longitude 138º19.89' east
to latitude 15º54.91' south, longitude 138º30.07' east
to latitude 15º52.26' south, longitude 138º30.07' east
to latitude 14º29.91' south, longitude 138º30.07' east
to latitude 14º29.91' south, longitude 139º15.07' east
to latitude 13º34.33' south, longitude 139º15.07' east
to latitude 10º59.91' south, longitude 139º15.07' east
to latitude 10º50.91' south, longitude 139º12.57' east
to latitude 10º49.91' south, longitude 139º12.07' east
to latitude 11º8.91' south, longitude 139º23.07' east
to latitude 10º58.91' south, longitude 140º0.07' east
to latitude 10º58.41' south, longitude 140º0.89' east
to latitude 10º10.24' south, longitude 141º20.07' east
to latitude 10º27.91' south, longitude 141º20.07' east
to latitude 10º27.91' south, longitude 141º51' east
(2)However, the fishery area does not include the area of tidal waters within the area mentioned in subsection (1) that are within 7n miles of an island.

s 538 prev s 538 om 2008 SL No. 448 s 89

pres s 538 ins 2011 SL No. 236 s 20

amd 2016 SL No. 74 s 3 sch 1

Division 3 Taking fish

div hdg ins 2011 SL No. 236 s 20

539What fish may be taken

Only the following fish may be taken under the licence—
(a)barred javelin;
(b)black jewfish;
(c)blue threadfin;
(d)grey mackerel;
(e)king threadfin;
(f)queenfish;
(g)scaly jewfish;
(h)shark, other than white shark, sandtiger shark or speartooth shark;

Note—

The grey nurse shark (Carcharias taurus) is prescribed as endangered wildlife under the Nature Conservation Act 1992. See section 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) of that Act.
(i)other fin fish, excluding barramundi and regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (h).

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

s 539 prev s 539 amd 2008 SL No. 156 s 2 sch

om 2008 SL No. 448 s 89

pres s 539 ins 2011 SL No. 236 s 20

540Permitted ways of taking fish

(1)Fish may be taken only by using a set mesh net.
(2)A power assisted device may be used with a set mesh net only if—
(a)the net is no longer than 1,800m; and
(b)all other nets on board the boat from which the net is being used are stowed and secured.

s 540 prev s 540 amd 2008 SL No. 156 s 2 sch

om 2008 SL No. 448 s 89

pres s 540 ins 2011 SL No. 236 s 20

541Fishery period

A net must not be used in a barramundi (Gulf) regulated period.

s 541 prev s 541 om 2008 SL No. 448 s 89

pres s 541 ins 2011 SL No. 236 s 20

Division 4 Use and marking of nets

div hdg ins 2011 SL No. 236 s 20

542Use of nets

(1)A net may be used only if—
(a)it is no longer than 1,800m; and
(b)has a mesh size of at least 160mm but no more than 165mm; and
(c)the net’s drop is no more than 85 meshes; and
(d)one end of the net is anchored or fixed to a place; and
(e)the other end of the net is fixed to a boat; and
(f)the net is not used as a bottom set net.
(2)The line thickness of a net must be at least 0.9mm.
(3)A person using a net must be within 100m of it.

s 542 prev s 542 om 2008 SL No. 448 s 89

pres s 542 ins 2011 SL No. 236 s 20

543Marking nets

(1)A net that is being used must be marked by—
(a)light coloured floats no more than 20m apart along its length; and
(b)a white float with the primary boat mark written on it at the end of the net that is the farthest from the primary boat.
(2)The white float must—
(a)be at least 15cm in each of its dimensions; and
(b)have a radar reflector attached to it.

s 543 prev s 543 om 2008 SL No. 448 s 89

pres s 543 ins 2011 SL No. 236 s 20

Division 5 Other conditions

div hdg ins 2011 SL No. 236 s 20

544VMS equipment requirements apply

The licence holder or person in control of the primary boat or substitute primary boat identified in the licence must ensure that VMS equipment is installed, maintained and used on the boat in compliance with the VMS equipment requirements.

Note—

See chapter 14 (Reporting), part 7 (VMS equipment requirements).

s 544 prev s 544 om 2008 SL No. 448 s 89

pres s 544 ins 2011 SL No. 236 s 20

545AUse of primary boats

A primary boat longer than 25m must not be used.

s 545A ins 2011 SL No. 236 s 20

545BUse of tender boats

A tender boat must not be used more than 6n miles from its primary boat.

s 545B ins 2011 SL No. 236 s 20

545CPermitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 6n miles.

s 545C ins 2011 SL No. 236 s 20

Part 7 Net fishery (Gulf of Carpentaria no. 4) (‘N13’)

pt hdg ins 2011 SL No. 236 s 20

Division 1 Definition

div 1 (s 545D) ins 2011 SL No. 236 s 20

545DWhat is the net fishery (Gulf of Carpentaria no. 4)

The net fishery (Gulf of Carpentaria no. 4) is activities by way of fishing—
(a)in the fishery area mentioned in section 545F; and
(b)under the authorisations and conditions stated in this part.

div 1 (s 545D) ins 2011 SL No. 236 s 20

Division 2 Fishery symbol and area

div 2 (ss 545E–545F) ins 2011 SL No. 236 s 20

545EFishery symbol

The fishery symbol for the fishery is ‘N13’.

div 2 (ss 545E–545F) ins 2011 SL No. 236 s 20

545FFishery area

(1)The fishery area under section 545D(a) consists of the area of the tidal waters in the Gulf of Carpentaria west of longitude 142º31'49'' east that are beyond the 25n mile line and within the following boundary—
from latitude 16º12.18' south, longitude 138º16.04' east to latitude 16º8.09' south, longitude 138º19.36' east
to latitude 16º7.45' south, longitude 138º19.89' east
to latitude 15º54.91' south, longitude 138º30.07' east
to latitude 15º52.26' south, longitude 138º30.07' east
to latitude 14º29.91' south, longitude 138º30.07' east
to latitude 14º29.91' south, longitude 139º15.07' east
to latitude 13º34.33' south, longitude 139º15.07' east
to latitude 10º59.91' south, longitude 139º15.07' east
to latitude 10º50.91' south, longitude 139º12.57' east
to latitude 10º49.91' south, longitude 139º12.07' east
to latitude 11º8.91' south, longitude 139º23.07' east
to latitude 10º58.91' south, longitude 140º0.07' east
to latitude 10º58.41' south, longitude 140º0.89' east
to latitude 10º10.24' south, longitude 141º20.07' east
to latitude 10º27.91' south, longitude 141º20.07' east
to latitude 10º27.91' south, longitude 141º30.85' east
(2)However, the fishery area does not include the area of tidal waters within the area mentioned in subsection (1) that are within 25n miles of an island.

s 545F ins 2011 SL No. 236 s 20

amd 2016 SL No. 74 s 3 sch 1

Division 3 Taking fish

div 3 (ss 545G–545I) ins 2011 SL No. 236 s 20

545GWhat fish may be taken

Only the following fish may be taken under the licence—
(a)barred javelin;
(b)black jewfish;
(c)blue threadfin;
(d)grey mackerel;
(e)king threadfin;
(f)queenfish;
(g)scaly jewfish;
(h)shark, other than white shark, sandtiger shark or speartooth shark;

Note—

The grey nurse shark (Carcharias taurus) is prescribed as endangered wildlife under the Nature Conservation Act 1992. See section 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) of that Act.
(i)other fin fish, excluding barramundi and regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (h).

Note—

See, however, section 208 (Authorisations subject to regulation, management plans and authorities).

div 3 (ss 545G–545I) ins 2011 SL No. 236 s 20

545HPermitted ways of taking fish

(1)Fish may be taken only by using a set mesh net.
(2)A power assisted device may be used with the net only if—
(a)the net is no longer than 1,800m; and
(b)all other nets on board the boat from which the net is being used are stowed and secured.

div 3 (ss 545G–545I) ins 2011 SL No. 236 s 20

545IFishery period

A net must not be used in a barramundi (Gulf) regulated period.

div 3 (ss 545G–545I) ins 2011 SL No. 236 s 20

Division 4 Use and marking of nets

div 4 (ss 545J–545K) ins 2011 SL No. 236 s 20

545JUse of nets

(1)A net may be used only if—
(a)it is no longer than 1,800m; and
(b)has a mesh size of at least 160mm but no more than 165mm; and
(c)its drop is no more than 85 meshes; and
(d)one end of the net is anchored or fixed to a place;
(e)the other end of the net is fixed to a boat; and
(f)it is not used as a bottom set net.
(2)The line thickness of a net must be at least 0.9mm.
(3)A person using a net must be within 100m of it.

div 4 (ss 545J–545K) ins 2011 SL No. 236 s 20

545KMarking nets

(1)A net being used must be marked by—
(a)light coloured floats no more than 20m apart along its length; and
(b)a white float with the primary boat mark written on it at the end of the net that is the farthest from the primary boat.
(2)The white float must—
(a)be at least 15cm in each of its dimensions; and
(b)have a radar reflector attached to it.

div 4 (ss 545J–545K) ins 2011 SL No. 236 s 20

Division 5 Other conditions

div hdg ins 2011 SL No. 236 s 20

545LVMS equipment requirements apply

The licence holder or person in control of the primary boat or substitute primary boat identified in the licence must ensure that VMS equipment is installed, maintained and used on the boat in compliance with the VMS equipment requirements.

Note—

See chapter 14 (Reporting), part 7 (VMS equipment requirements).

s 545L ins 2011 SL No. 236 s 20

545M[Repealed]

s 545M ins 2011 SL No. 236 s 20

om 2012 SL No. 252 s 25

545NUse of primary boats

A primary boat longer than 25m must not be used.

s 545N ins 2011 SL No. 236 s 20

545OUse of tender boats

A tender boat must not be used more than 6n miles from its primary boat.

s 545O ins 2011 SL No. 236 s 20

545PPermitted distance for an assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is 6n miles.

s 545P ins 2011 SL No. 236 s 20

Chapter 10 Provisions for spanish mackerel

ch hdg amd 2015 SL No. 12 s 19

Part 1 Spanish mackerel commercial fishery (‘SM’)

Division 1 Preliminary

546Definitions for pt 1

In this part—
line fishery area, in relation to a line fishery symbol, means—
(a)for the fishery symbol ‘L1’—the area mentioned in section 395; and
(b)for the fishery symbol ‘L2’ or ‘L3’—the area mentioned in section 403; and
(c)for the fishery symbol ‘L8’—the area mentioned in, section 427.

def line fishery area amd 2012 SL No. 252 s 26 (1)–(2)

line fishery symbol means the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’.

def line fishery symbol amd 2012 SL No. 252 s 26 (3)

547What is the spanish mackerel commercial fishery

The spanish mackerel commercial fishery is activities by way of fishing—
(a)relating to spanish mackerel in the fishery areas mentioned in section 549; and
(b)under the authorisations and conditions stated in division 3.

Division 2 Fishery symbol and area

548Fishery symbol

The fishery symbol for the fishery is ‘SM’.

549Fishery area

The fishery area consists of—
(a)if the fishery symbol is written on a licence on which the fishery symbol ‘L1’ is also written—the area mentioned in section 395; and
(b)if the fishery symbol is written on a licence on which the fishery symbol ‘L2’ or ‘L3’ is also written—the area mentioned in section 403; and
(c)if the fishery symbol is written on a licence on which the fishery symbol ‘L8’ is also written—the area mentioned in section 427.

s 549 amd 2012 SL No. 252 s 27

Division 3 Authorisations and conditions

ch 10 pt 1 div 3 sdiv 1 hdg om 2016 SL No. 193 s 26

ch 10 pt 1 div 3 sdiv 2 hdg om 2016 SL No. 193 s 27

550What fish may be taken

Only spanish mackerel may be taken under an SM fishery licence.

551Permitted ways of taking spanish mackerel

Spanish mackerel may be taken only in the way that fish may be taken under the line fishery symbol for the line fishery area in which the spanish mackerel is being taken.

552Use of primary boat

The conditions for using a primary boat under the licence are the conditions for using a primary boat under the line fishery symbol for the line fishery area in which the boat is being used.

553Use of tender boats

A tender boat must not be used further than—
(a)if its primary boat is taking spanish mackerel on a reef—2n miles from the reef; or
(b)otherwise—5n miles from its primary boat.

s 553 sub 2011 SL No. 224 s 26

554Permitted distance for an assistant fisher to be under direction

(1)This section applies if a commercial fisher and an assistant fisher are on separate commercial fishing boats.
(2)The permitted distance for the assistant fisher to be under direction of the commercial fisher is—
(a)if the commercial fisher is taking spanish mackerel on a reef—2n miles from the reef; or
(b)otherwise—5n miles.

s 554 amd 2011 SL No. 224 s 27

555[Repealed]

s 555 om 2016 SL No. 193 s 27

Part 2 Provisions about SM units

Division 1 General provisions

div hdg amd 2010 SL No. 164 s 50

556Nature of an SM unit

Each SM unit is—
(a)an authority, the entitlement for which is provided for under divisions 2 and 3; and
(b)a quota for the spanish mackerel commercial fishery under part 1.

556ARestriction on issue of SM units

The chief executive must not issue SM units.

s 556A ins 2010 SL No. 164 s 51

Division 2 Entitlement

557Entitlement under SM unit

(1)The holder of an SM unit, or a person acting under an SM unit, may take, in an SM year, only the following quantity of spanish mackerel for the SM unit—
(a)1kg (whole weight);
(b)if section 557A applies—the weight in kilograms that is the adjusted weight equivalent worked out under that section for the SM year.
(2)The authorisation for an SM year under subsection (1) is the holder’s entitlement under the SM unit for the SM year.
(3)However, the entitlement applies only while the holder holds an SM fishery licence that is in force.
(4)The entitlement is also subject to any relevant prohibitions or restrictions under this regulation, a management plan, the SM unit or the licence.

Examples of relevant restrictions—

restrictions under fisheries declarations under chapter 2, 3 or 4
conditions applying generally to licences with fishery symbols under chapter 6, part 6

s 557 amd 2008 SL No. 156 s 2 sch; 2010 SL No. 164 s 52

557AAdjusted weight equivalent for SM units

(1)This section applies if, on 1 occasion, the total amount of spanish mackerel taken under all SM units (the total catch) in an SM year is more than 554,022kg.
(2)If this section applies, the chief executive must work out the adjusted weight equivalent for an SM unit under this section for—
(a)the next SM year; and
(b)each subsequent SM year.
(3)The adjusted weight equivalent for an SM unit for an SM year is—
(a)if the total catch in the preceding SM year was no more than 554,022kg—the entitlement under the unit for the preceding SM year; or
(b)if the total catch in the preceding SM year was more than 554,022kg and less than 565,102.44kg—the entitlement under the unit for the preceding SM year reduced by 0.01kg; or
(c)if the total catch in the preceding SM year was 565,102.44kg or more—the entitlement under the unit for the preceding SM year reduced by 0.02kg.

Example—

In the preceding SM year the total catch was 565,200kg and the entitlement for an SM unit was the adjusted weight equivalent of 0.99kg. The entitlement for an SM unit for the current SM year is the adjusted weight equivalent of 0.97kg.
(4)Despite subsection (3), the adjusted weight equivalent for an SM unit for an SM year can not be less than 0.9576kg.

Example—

In the preceding SM year the total catch was 565,200kg and the entitlement for an SM unit was the adjusted weight equivalent of 0.96kg. The entitlement for an SM unit for the current SM year is the minimum adjusted weight equivalent of 0.9576kg.
(5)As soon as practicable after the adjusted weight equivalent is worked out for an SM year, the chief executive must give each holder of the SM units a written notice stating the following—
(a)the adjusted weight equivalent of the SM units for the SM year;
(b)the SM year for which the adjusted weight equivalent applies.

s 557A ins 2010 SL No. 164 s 53

amd 2015 SL No. 12 s 20

Division 3 Use of SM unit entitlement

558When SM unit entitlement is used for an SM year

(1)The entitlement of an SM unit held by a person is used for an SM year—
(a)when the holder, or a person acting under the SM unit, has taken, in the SM year under any SM fishery licence held by the SM unit holder, an amount of (whole weight) spanish mackerel for the SM unit equalling the holder’s entitlement under the SM unit; or
(b)if section 559 applies.
(2)The unused entitlement of a holder’s SM unit for an SM year is the amount of (whole weight) spanish mackerel for the SM unit that has not been taken, for the SM year, under any SM fishery licence held by the SM unit holder.

559No carrying forward of unused entitlement

(1)This section applies if, in an SM year, an SM unit holder takes an amount of spanish mackerel for the SM units that is less than the total entitlements under the holder’s SM units.
(2)The holder is taken, at the end of the SM year, to have used all the entitlements under the SM units held by the holder for the SM year.

Division 4 SM unit certificates

560Content of SM unit certificates

An SM unit certificate must state each of the following—
(a)the certificate number;
(b)the name of the person who holds the SM units mentioned in the certificate;
(c)the number of SM units held by the person;
(d)if the chief executive has imposed conditions on the SM units—the conditions;
(e)if the chief executive has suspended any of the SM units—
(i)the number of SM units suspended; and
(ii)the period of the suspension.

561Evidentiary provision for SM unit certificate

An SM unit certificate is evidence of—
(a)the number of SM units held when the certificate was—
(i)issued; or
(ii)changed or replaced under section 585; and
(b)the conditions, if any, imposed on the SM units.

Division 5 Evidentiary aids for use of entitlement

562Unloaded fish notice is evidence of use of entitlement

(1)This section applies if the holder of SM units, or a person acting for the holder, gives the chief executive an unloaded fish notice for spanish mackerel for the SM units.
(2)The notice is evidence that the holder has taken, under the SM units, the whole weight equivalent of the amount of spanish mackerel stated in the notice.
(3)For subsection (2), the whole weight equivalent of the amount of spanish mackerel stated in the notice is—
(a)for an amount stated for whole spanish mackerel—the amount stated; or
(b)for an amount stated for spanish mackerel that is not whole—the amount worked out in the way stated in schedule 11, part 1, section 11(2).

s 562 amd 2009 SL No. 176 s 21

563Particular notice is evidence of unused entitlement

(1)This section applies if the holder of SM units has obtained a written notice from the chief executive stating the amount of the unused entitlement under the SM units for a stated SM year on a stated date.
(2)The notice is evidence of the amount of the unused entitlement under the SM units for the stated SM year on the stated date.

Part 3 Conditions for SM units

Division 1 Purpose

564Purpose of pt 3

This part prescribes conditions for—
(a)SM units; and
(b)if a commercial fisher is acting under SM units held by another person—the fisher’s commercial fisher licence.

Division 2 Interpretation

565Definitions for pt 3

In this part—
authorised boat, for an SM unit holder, means—
(a)the primary boat under any of the SM fishery licences held by the SM unit holder; or
(b)any of the primary boat’s tender boats.
landing period see section 569(e)(i).
landing place
(a)for a prior notice—see section 569(c); or
(b)for a transhipment notice—see section 576(3)(d)(i); or
(c)for an unnotifiable landing notice—see section 578(3)(c)(i).
prescribed numerical code, for a place, means the sequence of numbers that—
(a)may be used to identify the latitude and longitude coordinates for the place; and
(b)is nominated by the chief executive and published on the department’s website.
prescribed person means each of the following—
(a)the holder of SM units;
(b)a commercial fisher or an assistant fisher acting under SM units held by another person.
prescribed reason, for not giving a prior notice or transhipment notice, see section 577(2)(a).
prior notice means—
(a)a notice given under section 568(3); or
(b)if a replacement prior notice is given under section 570(2), the replacement prior notice.
prior notice area means—
(a)a defined port area; or
(b)another area that is within 0.5n miles of a part of the State where landing of a boat is practicable.
prior notice deadline, for a prior notice, means the earlier of the following times—
(a)the time the first of the authorised boats, for the SM unit holder by or for whom the notice is given, enters the prior notice area;
(b)if the landing place mentioned in the notice is at, or north of, latitude 15º50.30' south and the landing period mentioned in the notice ends between 3p.m. and 10p.m. on a day—6 hours before the first of the authorised boats, for the SM unit holder by or for whom the notice is given, that will be landed at the place, will land at the place;
(c)if the landing place mentioned in the notice is at or north of latitude 15º50.30' south and the landing period mentioned in the notice ends during the period starting at 10p.m. on a day (the first day) and ending at 3p.m. on the following day—4p.m. on the first day;
(d)if the landing place mentioned in the notice is south of latitude 15º50.30' south—1 hour before the first of the authorised boats, for the SM unit holder by or for whom the notice is given, that will be landed at the place will land at the place.

def prior notice deadline amd 2016 SL No. 193 s 28

prior notice particulars see section 569.
transhipment notice see section 576(2).
transport vessel see section 576(1)(b).
unloaded fish notice see section 581(2).
unloading area, for a landing place, means—
(a)if the landing place is within a defined port area—the defined port area; or
(b)if the landing place is not within a defined port area—an area within 0.5n miles of the landing place.
unloading particular see section 569(d).
unnotifiable landing notice see section 578(2).

566Notices to chief executive

(1)This section applies to a notice given to the chief executive under section 568, 570, 571, 573, 576, 577(2)(b) or 581.
(2)The notice must be given to the chief executive—
(a)by using the AIVR system; or

Note—

See chapter 14, part 6 for provisions about the AIVR system, including the requirements and procedures applying to the operation and use of the system.
(b)in another way approved by the chief executive.

s 566 amd 2011 SL No. 106 s 14; 2016 SL No. 193 s 29

Division 3 Requirements for taking or possessing spanish mackerel

567Spanish mackerel to be taken or possessed only with unused SM unit entitlements

A prescribed person may take spanish mackerel from, or possess spanish mackerel on, an authorised boat for an SM unit holder in an SM year only if the holder holds SM units with unused entitlements for the SM year.

Division 4 Requirements for giving prior notice of spanish mackerel

568Requirement to give prior notice

(1)This section applies if—
(a)spanish mackerel are on an authorised boat for an SM unit holder; and
(b)an authorised boat for the holder enters a prior notice area; and
(c)if the prior notice area is not a defined port area—it is proposed to land 1 or more authorised boats for the holder within the area.
(2)This section does not apply if—
(a)the authorised boats that are proposed to be landed are proposed to be landed at a place—
(i)north of latitude 15º16.57' south; or
(ii)on an island other than Bribie Island, Fraser Island, Magnetic Island, Moreton Island, North Stradbroke Island or South Stradbroke Island; and
(b)it is not proposed to unload spanish mackerel at the place.
(3)The holder, or a person authorised by the holder, must give a prior notice to the chief executive before the prior notice deadline for the notice has ended.

569Particulars to be stated in prior notice

A prior notice must state each of the following (the prior notice particulars)—
(a)the current fisher PIN for the SM units to which the notice relates;
(b)the numerical part of the licence number of the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)the prescribed numerical code or the latitude and longitude coordinates for the place (the landing place) at which any or all of the authorised boats, for the SM unit holder by or for whom the notice is given, will be landed;
(d)whether or not it is proposed to unload spanish mackerel from, or using, 1 or more of the authorised boats before the boats leave the unloading area for the landing place (the unloading particular);
(e)the following information, if the person giving the prior notice is prompted by the AIVR system to enter it—
(i)the estimated number of hours (the landing period), rounded to the nearest whole hour, between when the notice is given and when the authorised boats will land at the landing place;
(ii)the total number of each of the following on all the authorised boats when the notice is given—
(A)spanish mackerel that are whole, gilled and gutted, or trunked;
(B)containers containing filleted spanish mackerel.

570Requirement to give replacement prior notice if unloading particular changes

(1)This section applies if—
(a)a prior notice has been given by or for an SM unit holder under section 568 and 569; and
(b)the notice stated that spanish mackerel were not to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; and
(c)the holder, or another person acting for the holder, proposes to unload spanish mackerel before the boats leave the unloading area.
(2)The holder, or a person authorised by the holder, must give another prior notice (a replacement prior notice) to the chief executive before the prior notice deadline for the other notice has ended.
(3)The replacement prior notice must state—
(a)the prior notice particulars; and
(b)that spanish mackerel will be unloaded before the boats leave the unloading area.
(4)A replacement prior notice given under subsection (2) replaces the prior notice given under section 568.

571Amendment or withdrawal of prior notice

(1)This section applies if a prior notice has been given by or for an SM unit holder.
(2)If a prior notice particular, other than an unloading particular, for the notice changes, the holder, or a person authorised by the holder, may give the chief executive a notice (an amending notice) stating the changes.
(3)An amending notice must be given before the amending notice deadline for the notice has ended.
(4)Also, the holder, or a person authorised by the holder, may, by notice to the chief executive, withdraw the prior notice at any time before spanish mackerel are taken from any authorised boat for the holder.
(5)A prior notice may be amended or withdrawn only under this section.
(6)In this section—
amending notice deadline, for an amending notice, means—
(a)if the amending notice changes the landing period or landing place mentioned in the prior notice—the earlier of the following times—
(i)when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(ii)if the landing place mentioned in the prior notice is at or north of latitude 15º50.30' south—3 hours before the landing period mentioned in the prior notice ends;

Editor’s note—

Latitude 15º50.30' south runs approximately through Rattlesnake Point.
(iii)if the landing place mentioned in the prior notice is south of latitude 15º50.30' south—1 hour before the landing period mentioned in the prior notice ends; or
(b)if the amending notice relates to adding 5 fish or less to the number of fish on all of the authorised boats—when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice; or
(c)for another amending notice—the earlier of the following times—
(i)when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the prior notice;
(ii)1 hour before the landing period mentioned in the prior notice ends.

Division 5 Requirements after prior notice of spanish mackerel

572General requirements after prior notice given

(1)This section applies to the person in control of an authorised boat for the SM unit holder (a relevant authorised boat) that is proposed to be landed at the landing place mentioned in a prior notice.
(2)The person in control of the relevant authorised boat must ensure that—
(a)the boat lands at the landing place mentioned in the prior notice no more than 1 hour before or after the landing period mentioned in the notice ends; and
(b)when the boat lands, the total number of each of the following on all the authorised boats for the holder is the same as the number stated in the prior notice or, having regard to the circumstances, is close to that number—
(i)spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)containers containing filleted spanish mackerel.
(3)Also, if the relevant authorised boat lands at the landing place mentioned in the prior notice before the landing period mentioned in the notice ends, the person in control of the boat must ensure the boat stays at the landing place until after the landing period has ended.
(4)Subsection (2)(a) does not apply if the relevant authorised boat does not land at the place, or does not land within the period, mentioned in that subsection because of a reason beyond the control of the person in control of the boat.
(5)In deciding whether a number is close under subsection (2)(b), regard must be had to the degree of difficulty in counting the number of spanish mackerel or containers stated in the prior notice.
(6)Subsection (3) does not require the person in control of the relevant authorised boat to be on the boat after the boat has landed.

573Requirement to give retained fish notice

(1)The SM unit holder, or a person authorised by the holder, must not allow an authorised boat for the holder to leave the unloading area for the landing place mentioned in a prior notice with spanish mackerel on the boat unless the holder or person has given the chief executive a notice (a retained fish notice) under this section.
(2)The SM unit holder or authorised person must give the retained fish notice within 1 of the following periods before the authorised boat leaves or is proposed to leave the unloading area for the landing place—
(a)if the landing place is at or north of latitude 15º50.30' south—6 hours;
(b)if the landing place is south of latitude 15º50.30' south—1 hour.
(3)The retained fish notice must state each of the following—
(a)the current fisher PIN for the SM units to which the notice relates;
(b)the numerical part of the licence number of the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)if the person giving the retained fish notice is prompted by the AIVR system to enter the transaction number for the prior notice in relation to which the retained fish notice is given—the transaction number;
(d)the total number of each of the following that will be on all the authorised boats, for the SM unit holder immediately after the boats leave the unloading area for the landing place mentioned in the prior notice—
(i)spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)containers containing filleted spanish mackerel.

s 573 amd 2016 SL No. 193 s 30

574[Repealed]

s 574 om 2011 SL No. 224 s 28

575Additional requirements if prior notice stated spanish mackerel will be unloaded

(1)This section applies if a prior notice given by, or for, an SM unit holder, stated that spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder, before the boats leave the unloading area for the landing place mentioned in the notice.
(2)A prescribed person must not take spanish mackerel from an authorised boat for the holder after the prescribed time unless—
(a)all the spanish mackerel on all the authorised boats for the holder have been unloaded; and
(b)an unloaded fish notice has been given, as required under section 581 for the spanish mackerel that have been unloaded.
(3)However, subsection (2)(a) does not apply if the prescribed person has complied with section 573.
(4)If asked by an inspector after an authorised boat for the holder lands at the landing place, a prescribed person must tell the inspector—
(a)the place (the unloading place) where the spanish mackerel on the authorised boats for the holder are to be unloaded; and
(b)the estimated time (the unloading time) at which the spanish mackerel are to be unloaded.
(5)If a prescribed person has informed an inspector of the unloading place and unloading time under subsection (4), the prescribed person must not unload, or allow to be unloaded, the spanish mackerel on the authorised boats other than at the unloading place and at the unloading time.
(6)In this section—
prescribed time, in relation to a prior notice, means when the first of the authorised boats for the SM unit holder enters the area within 0.5n miles of the landing place mentioned in the notice.

576Requirement to give transhipment notice

(1)This section applies if spanish mackerel are—
(a)taken from an authorised boat for an SM unit holder; and
(b)transferred, before they are unloaded, to any of the following vessels (each a transport vessel)—
(i)a boat identified in a carrier boat licence;
(ii)a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1, 2 or 4 vessel;
(iii)an other Queensland regulated ship registered under the Transport Operations (Marine Safety) Regulation 2016; and
(c)proposed to be unloaded from, or using, the transport vessel to which they have been transferred.
(2)The SM unit holder, or a person authorised by the holder, must give a notice (a transhipment notice) to the chief executive as soon as practicable after the spanish mackerel are transferred to the transport vessel.
(3)The transhipment notice must state each of the following—
(a)the current fisher PIN for the SM units to which the notice relates;
(b)the numerical part of the licence number for the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)the identification code for the transport vessel to which the notice relates;
(d)the prescribed numerical code or the latitude and longitude coordinates for—
(i)the place at which the transport vessel will be landed (the landing place); and
(ii)the place at which the spanish mackerel will be unloaded from the transport vessel;
(e)the date on which the spanish mackerel will be unloaded from the transport vessel;
(f)the total number of each of the following that were transferred from the authorised boats to the vessel—
(i)spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)containers containing filleted spanish mackerel.
(4)In this section—
identification code, for a vessel, means the sequence of numbers used to identify the vessel that is—
(a)nominated by the chief executive; and
(b)published on the department’s website.

s 576 amd 2016 SL No. 154 s 253 sch 10

Division 6 Requirements for unloading spanish mackerel

577General requirement for unloading spanish mackerel

(1)A prescribed person must not unload, or allow to be unloaded, spanish mackerel taken from an authorised boat for an SM unit holder unless—
(a)a prior notice given by or for the holder stated the spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; or
(b)a transhipment notice has been given by or for the holder for the spanish mackerel.
(2)However, subsection (1) does not apply if—
(a)the prior notice or transhipment notice was not given by or for the SM unit holder for either of the following reasons (each a prescribed reason)—
(i)all the relevant equipment on the authorised boats for the SM unit holder—
(A)was destroyed or made unusable during the notifying period by an unforeseeable and uncontrollable event; and
(B)was not, and could not reasonably have been, replaced or made usable during the notifying period;
(ii)the authorised boats for the SM unit holder landed because of an unforeseeable and uncontrollable event and the notice could not be given because of the event; and

Examples of an unforeseeable and uncontrollable event—

extreme weather conditions, fire or medical emergency
(b)the holder or a person authorised by the holder has given the chief executive an unnotifiable landing notice; and
(c)the prescribed person did not, before the authorised unloading time—
(i)move, or allow to be moved, the authorised boats or transport vessel to a place more than 200m from, or not visible to a person at, the landing place mentioned in the unnotifiable landing notice; or
(ii)move, or allow to be moved, the spanish mackerel from the boats or vessel.
(3)In this section—
authorised unloading time, for unloading spanish mackerel for which a prior notice or transhipment notice has not been given, means—
(a)if the person unloading the spanish mackerel has been given permission, by an inspector, to unload the spanish mackerel on or after a stated time—the stated time; or
(b)otherwise—
(i)if the authorised boat or transport vessel containing the spanish mackerel is landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given before 9a.m. on the day the boat or vessel landed—3p.m. on the day the boat or vessel landed; or
(ii)if the authorised boat or transport vessel containing the spanish mackerel is landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given between 9a.m. and 4p.m. on the day the boat or vessel landed—6 hours after the boat or vessel landed; or
(iii)if the authorised boat or transport vessel containing the spanish mackerel is landed at or north of latitude 15º50.30' south and an unnotifiable landing notice for the landing was given after 4p.m. on the day the boat or vessel landed—3p.m. on the day after the boat or vessel landed; or
(iv)if the authorised boat or transport vessel containing the spanish mackerel is landed south of latitude 15º50.30' south—1 hour after the boat or vessel landed.
notifying period, in relation to a prior notice or transhipment notice, means the period—
(a)starting when the first of the authorised boats for the SM unit holder who is required to give the prior notice or transhipment notice, leaves for a fishing trip; and
(b)ending—
(i)for a prior notice—when the prior notice deadline for the notice has ended; or
(ii)for a transhipment notice—immediately before the transport vessel, containing the spanish mackerel transferred from the authorised boats for the holder, lands.
relevant equipment means equipment that can be used to—
(a)use the AIVR system; or
(b)contact a person who is on land or on a boat.

s 577 amd 2016 SL No. 193 s 31

578Requirement to give unnotifiable landing notice

(1)This section applies if an SM unit holder or a person authorised by the holder—
(a)proposes to unload, or allow to be unloaded, spanish mackerel taken from an authorised boat for the SM unit holder; and
(b)has not given a prior notice or transhipment notice for a prescribed reason.
(2)The SM unit holder or authorised person must give a notice (an unnotifiable landing notice) to the chief executive at the following time—
(a)if the spanish mackerel is on any of the authorised boats of the holder—immediately after the first of the boats lands;
(b)if the spanish mackerel has been transferred from any of the authorised boats of the holder to a transport vessel—immediately after the transport vessel lands.
(3)The unnotifiable landing notice must state each of the following—
(a)the current fisher PIN for the SM units to which the notice relates;
(b)the numerical part of the licence number for the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)the prescribed numerical code or the latitude and longitude coordinates for—
(i)the place at which the authorised boats or transport vessel to which the notice relates have been landed (the landing place); and
(ii)the place at which the spanish mackerel on the boats or vessel will be unloaded;
(d)the total number of each of the following that are on the boats or vessel when the notice is given—
(i)spanish mackerel that are whole, gilled and gutted, or trunked;
(ii)containers containing filleted spanish mackerel.

579Additional requirements for unloading spanish mackerel if prior notice given

(1)This section applies if a prior notice given by or for an SM unit holder stated that spanish mackerel were to be unloaded from, or using, 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.
(2)A prescribed person must not unload, or allow to be unloaded, the spanish mackerel unless section 572 has been complied with.
(3)Also, a prescribed person may unload the spanish mackerel, or allow the spanish mackerel to be unloaded, only if—
(a)the spanish mackerel is unloaded after the landing period mentioned in the prior notice has ended; and
(b)for spanish mackerel being unloaded from, or using, a tender boat—the tender boat is attached to, or is within, 200m of its primary boat; and
(c)the spanish mackerel is unloaded at 1 of the following places that is open for entry, under the Act, by an inspector—
(i)the landing place mentioned in the notice;
(ii)if the landing place is within a defined port area—another place within the defined port area;
(iii)if the landing place is not within a defined port area—another place within 0.5n miles of the landing place.
(4)However, subsection (3)(a) does not apply if—
(a)an inspector supervises the person unloading the spanish mackerel; or
(b)both of the following apply—
(i)the spanish mackerel are unloaded by moving the boat carrying the spanish mackerel to a place on land;
(ii)until the landing period has ended—
(A)the spanish mackerel are kept on the boat; and
(B)the boat is kept at a place that is within 200m of, and visible to a person at, the landing place.

580Requirements for weighing unloaded spanish mackerel

(1)This section applies if spanish mackerel taken by or for an SM unit holder have been unloaded from, or using, an authorised boat for the holder or a transport vessel.
(2)The holder must weigh the spanish mackerel, or allow the spanish mackerel to be weighed—
(a)as soon as practicable after the spanish mackerel have been unloaded; and
(b)at a place that is open for entry, under the Act, by an inspector.
(3)The weight of the spanish mackerel must be worked out using a scale that is verified under the National Measurements Act 1960 (Cwlth).

s 580 amd 2011 SL No. 224 s 29

581Requirement to give unloaded fish notice

(1)This section applies if spanish mackerel are—
(a)taken from an authorised boat for an SM unit holder; and
(b)unloaded from, or using, the authorised boat or a transport vessel.
(2)The SM unit holder, or a person authorised by the holder, must give a notice (an unloaded fish notice) to the chief executive—
(a)as soon as practicable after the first time the spanish mackerel on the boat or vessel are unloaded from, or using, the boat or vessel; and
(b)if the spanish mackerel are first unloaded by moving the boat or vessel carrying the spanish mackerel to a place on land—as soon as practicable after the spanish mackerel are first moved from the boat or vessel.
(3)Also, the SM unit holder, or a commercial fisher acting for the holder, must retain possession of the spanish mackerel until the unloaded fish notice is given.
(4)The unloaded fish notice must state each of the following—
(a)the current fisher PIN for the SM units to which the notice relates;
(b)the numerical part of the licence number for the SM fishery licence to which the spanish mackerel the subject of the notice relate;
(c)if the person giving the unloaded fish notice is prompted by the AIVR system to enter the transaction number for a prior notice, transhipment notice or unnotifiable landing notice given in relation to the spanish mackerel mentioned in the unloaded fish notice—the transaction number;
(d)the weight of each of the following that were unloaded by or for the holder—
(i)whole spanish mackerel;
(ii)gilled and gutted spanish mackerel;
(iii)trunked spanish mackerel;
(iv)filleted spanish mackerel.

Part 4 Transfer of SM units

Division 1 When SM units may or may not be transferred

582Purpose of div 1

This division states, for section 65(1) of the Act, the circumstances in which SM units may or may not be transferred.

583Only whole SM units may be transferred

A part of an SM unit can not be transferred.

584Eligibility of transferee

An SM unit may be transferred only by the holder of the SM unit to a person, other than the transferor, who holds an SM fishery licence.

Division 2 Other provisions about SM unit transfers

585SM unit certificate changes required

(1)This section applies if, under section 65B of the Act, the chief registers the transfer of SM units.
(2)The chief executive must give effect to the transfer by doing any of the following—
(a)changing, cancelling or replacing the transferor’s and transferee’s current SM unit certificates;
(b)issuing the transferee a new SM unit certificate.

s 585 amd 2015 SL No. 12 s 21

586Entitlement of transferee

(1)The entitlement of the transferee under SM units transferred in an SM year is as follows—
(a)for that part of the SM year after registration of the transfer—the entitlement of the transferor under the units immediately before the registration;
(b)for a later SM year—the entitlement the transferor would have had under the units at the beginning of the SM year, as if the units had not been transferred.
(2)For subsection (1)(a), if part of the entitlement of the transferor under a particular transferred SM unit has been used, the whole entitlement of the transferee under that unit is taken to have been used.

587Issue of fisher PIN for particular transferees

(1)This section applies if—
(a)the chief executive registers the transfer of SM units; and
(b)the transferee did not hold any of the units immediately before the transfer.
(2)The chief executive must, immediately after the transfer is registered, issue the transferee a 4-digit identity number (the fisher PIN) for the units.

Note—

See also schedule 11, part 2, definition fisher pin.

s 587 amd 2015 SL No. 12 s 22

Part 5 Change of PINs

588Change of unit PIN

(1)The holder of SM units may, by written notice, ask the chief executive to change the unit PIN for the units.
(2)On receiving the notice, the chief executive must—
(a)change the unit PIN for the units to another 4-digit identity number (the new unit PIN) decided by the chief executive; and
(b)give the holder a written notice stating the new unit PIN.
(3)The change of unit PIN takes effect when the notice mentioned in subsection (2) is given to the holder.

589Change of fisher PIN

(1)The holder of SM units may change the fisher PIN for the units by using the AIVR system.
(2)The change of the fisher PIN for the units takes effect when the holder is given a transaction number by the AIVR system for the change.

Part 6 Prescribed criteria for suspending and cancelling SM units

590Criteria for suspending SM units

(1)This section prescribes criteria under section 68B(4)(b)(i) of the Act for a court suspending SM units under section 68B(2) of the Act.
(2)The prescribed criteria apply if, in an SM year—
(a)the SM unit holder takes an amount of spanish mackerel for the SM units that exceeds the holder’s total entitlements under the SM units; or
(b)any SM fishery licence held by the SM unit holder is suspended.
(3)The prescribed criteria are—
(a)for subsection (2)(a)—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or
(b)for subsection (2)(b)—suspension for the SM year of all the holder’s SM units with unused entitlements.

591Criteria for cancelling SM units

(1)This section prescribes criteria under section 68B(4)(b)(i) of the Act for a court cancelling SM units under section 68B(2) of the Act.
(2)The prescribed criteria apply if, in an SM year, an SM unit holder is convicted of a serious fisheries offence involving taking or possessing an amount of spanish mackerel that exceeds the holder’s unused SM unit entitlements for the SM year by at least 500kg (whole weight).
(3)The prescribed criteria is cancellation of the number of the holder’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the holder.

Chapter 10A Provisions for reef line commercial fishery

ch hdg ins 2015 SL No. 12 s 23

Part 1 Reef line commercial fishery (‘RQ’)

pt hdg ins 2015 SL No. 12 s 23

Division 1 Preliminary

div 1 (ss 591A–591B) ins 2015 SL No. 12 s 23

591ADefinitions for pt 1

In this part—
line fishery area see section 591D.
line fishery symbol, for a line fishery area, means the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’ for the commercial fishery to which the line fishery area relates.

div 1 (ss 591A–591B) ins 2015 SL No. 12 s 23

591BWhat is the reef line commercial fishery

The reef line commercial fishery is activities by way of fishing—
(a)relating to regulated coral reef fin fish in the fishery area mentioned in section 591D; and
(b)under the authorisations and conditions stated in division 3.

Note—

Regulated coral reef fin fish may also be taken in the aquarium fish fishery under chapter 7, part 1 and the line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) under chapter 8, part 3.

div 1 (ss 591A–591B) ins 2015 SL No. 12 s 23

Division 2 Fishery symbol and area

div 2 (ss 591C–591D) ins 2015 SL No. 12 s 23

591CFishery symbol for fishery

The fishery symbol for the fishery is ‘RQ’.

div 2 (ss 591C–591D) ins 2015 SL No. 12 s 23

591DFishery area

The fishery area consists of the following areas (each a line fishery area)—
(a)if the fishery symbol is written on a licence on which the fishery symbol ‘L1’ is also written—the area mentioned in section 395;
(b)if the fishery symbol is written on a licence on which the fishery symbol ‘L2’ or ‘L3’ is also written—the area mentioned in section 403;
(c)if the fishery symbol is written on a licence on which the fishery symbol ‘L8’ is also written—the area mentioned in section 427.

div 2 (ss 591C–591D) ins 2015 SL No. 12 s 23

Division 3 Authorisations and conditions

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591EWhat fish may be taken

(1)The following fish may be taken—
(a)under a licence on which the fishery symbol ‘L8’ is written—any regulated coral reef fin fish other than regulated coral trout and red emperor; and
(b)under another licence—any regulated coral reef fin fish.
(2)This section is subject to part 3.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591FPermitted ways of taking regulated coral reef fin fish

Regulated coral reef fin fish may be taken only in the way that fish may be taken under the line fishery symbol for the line fishery area in which the regulated coral reef fin fish is being taken.

Note—

See sections 397, 405 and 429.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591GIdentification requirement to allow identification or counting of regulated coral reef fin fish

(1)This section applies if—
(a)regulated coral reef fin fish are on board a commercial fishing boat; and
(b)any fish on board the boat are stored in a sealed container.
(2)The person in control of the boat must ensure the container has attached to it a label stating clearly and legibly—
(a)if the container contains regulated coral trout—the words ‘coral trout’ and the number of regulated coral trout inside the container; or
(b)if the container contains redthroat emperor—the words ‘redthroat emperor’ and the number of redthroat emperor inside the container; or
(c)if the container contains other regulated coral reef fin fish—the words ‘other coral reef fin fish’ and the number of other regulated coral reef fin fish inside the container; or
(d)if the container contains fish other than regulated coral reef fin fish—the words ‘other species of fish’ and the number of fish inside the container.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591HUse of primary boat

The conditions for using a primary boat under the licence are the conditions for using a primary boat under the line fishery symbol for the line fishery area in which the boat is being used.

Note—

See sections 398, 406 and 432.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591IUse of tender boat

The conditions for using a tender boat under the licence are the conditions for using a tender boat under the fishery symbol for the line fishery area in which the tender boat is being used.

Note—

See sections 399, 407 and 433.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591JPermitted distance for assistant fisher to be under direction

The permitted distance for an assistant fisher to be under direction of a commercial fisher is the distance permitted under the fishery symbol for the line fishery area where the assistant fisher is under direction.

Note—

See sections 400, 408 and 434.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

591KTranshipping

(1)Regulated coral reef fin fish taken from a primary boat may be transhipped only to a tender boat of the primary boat.
(2)Regulated coral reef fin fish taken from a tender boat may be transhipped only to—
(a)the tender boat’s primary boat; or
(b)another tender boat of the primary boat.

div 3 (ss 591E–591K) ins 2015 SL No. 12 s 23

Part 2 Provisions about line units

pt hdg ins 2015 SL No. 12 s 23

Division 1 General provisions

div 1 (ss 591L–591N) ins 2015 SL No. 12 s 23

591LTypes of line units

The following are the types of line units—
(a)CT line units for regulated coral trout;
(b)OS line units for other regulated coral reef fin fish;
(c)RTE line units for redthroat emperor.

div 1 (ss 591L–591N) ins 2015 SL No. 12 s 23

591MNature of a line unit

Each line unit is—
(a)an authority, the entitlement for which is provided for under division 2; and
(b)a quota for the reef line commercial fishery.

div 1 (ss 591L–591N) ins 2015 SL No. 12 s 23

591NRestriction on issue of line units

The chief executive must not issue line units.

div 1 (ss 591L–591N) ins 2015 SL No. 12 s 23

Division 2 Entitlement

div 2 (ss 591O–591Q) ins 2015 SL No. 12 s 23

591OEntitlement under a line unit

(1)The holder of, or a person acting under, a CT line unit may take, in a line year, the weight of regulated coral trout worked out by dividing the annual quota for regulated coral trout for the line year by the total number of CT line units that have been issued.
(2)The holder of, or a person acting under, a RTE line unit may take, in a line year, the weight of redthroat emperor worked out by dividing the annual quota for redthroat emperor for the line year by the total number of RTE line units that have been issued.
(3)The holder of, or a person acting under, an OS line unit may take, in a line year, the weight of other regulated coral reef fin fish worked out by dividing the annual quota for other regulated coral reef fin fish for the line year by the total number of OS line units that have been issued.
(4)The authorisation for a line year under subsection (1), (2) or (3) is the holder’s entitlement under the line unit for the line year.
(5)However, the entitlement—
(a)applies only while the holder holds an RQ fishery licence that is in force; and
(b)is subject to any relevant prohibitions or restrictions under this regulation, the line unit or the licence.

Examples of relevant restrictions—

restrictions under fisheries declarations under chapter 2, 3 or 4
conditions applying generally to licences with fishery symbols under chapter 6, part 6

div 2 (ss 591O–591Q) ins 2015 SL No. 12 s 23

591PWhen line unit entitlement is used for a line year

(1)The entitlement of a line unit held by a person is used for a line year—
(a)when the holder, or a person acting under the line unit, has taken in the line year, under any RQ fishery licence held by the holder, an amount (in whole weight) of the prescribed coral reef fin fish for the line unit equalling the holder’s entitlement under the line unit; or
(b)if section 591Q applies.
(2)The unused entitlement of a holder’s line unit for a line year is the amount (in whole weight) of the prescribed coral reef fin fish for the line unit that has not been taken, for the line year, under any RQ fishery licence held by the line unit holder.

div 2 (ss 591O–591Q) ins 2015 SL No. 12 s 23

591QNo carrying forward of unused entitlement

(1)This section applies if, in a line year, a line unit holder, or a person acting under the line unit, takes an amount of prescribed coral reef fin fish for the line unit that is less than the total entitlements under the holder’s line units.
(2)The holder is taken, at the end of the line year, to have used all the entitlements under the line units held by the holder for the line year.

div 2 (ss 591O–591Q) ins 2015 SL No. 12 s 23

Division 3 Line unit certificates

div 3 (ss 591R–591S) ins 2015 SL No. 12 s 23

591RContent of line unit certificates

(1)A line unit certificate must state each of the following—
(a)the certificate number;
(b)the name of the person who holds the line units mentioned in the certificate;
(c)the number of each of the following line units held by the person—
(i)CT line units;
(ii)OS line units;
(iii)RTE line units;
(d)if the chief executive has imposed conditions on the line units—the conditions;
(e)if the chief executive has suspended any of the line units—
(i)the number and type of line units suspended; and
(ii)the period of the suspension.
(2)Only 1 line unit certificate may be issued to the line unit holder for all line units held by the holder.

div 3 (ss 591R–591S) ins 2015 SL No. 12 s 23

591SEvidentiary provision for line unit certificate

A line unit certificate is evidence of—
(a)the number of line units held when the certificate was—
(i)issued; or
(ii)changed or replaced under section 591ZP; and
(b)the conditions, if any, imposed on the line units.

div 3 (ss 591R–591S) ins 2015 SL No. 12 s 23

Division 4 Evidentiary aids for use of entitlement

div 4 (ss 591T–591U) ins 2015 SL No. 12