Fisheries (Commercial Fisheries) Regulation 2019

1Short title

This regulation may be cited as the Fisheries (Commercial Fisheries) Regulation 2019.

2Commencement

This regulation commences on 1 September 2019.

3Interpretation

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

(2)Subject to subsection (1), and unless this regulation provides otherwise, terms used in it have the meaning given under the Fisheries (General) Regulation 2019.

(3)Subsection (2) is not limited to a term defined under the Fisheries (General) Regulation 2019 but also applies to a provision of the regulation that aids the interpretation of a term mentioned in the regulation.

Note—

See, for example—

1sections 14 and 15 of that regulation for the interpretation of references to periods and times; and

2section 15A of that regulation for the interpretation of references relating to fishing operations; and

3schedule 7 of that regulation for the interpretation of references to, or relating to, fish; and

4schedule 8 of that regulation for the interpretation of references to, or relating to, waters or areas; and

5schedule 9 of that regulation for the interpretation of references to, or relating to, boats; and

6schedule 10 of that regulation for the interpretation of references to, or relating to, fishing apparatus.

s 3 amd 2020 SL No. 236 s 198 sch 3

4Commercial fisheries

(1)Each fishery named and described in schedules 2 to 8 is a commercial fishery.

(2)Schedules 2 to 8 state the following for each commercial fishery—

(a)the fishery symbol;

(b)the fishery area;

(c)matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example—

(i)fish that may be taken in the fishery; and

(ii)the way in which fish may be taken in the fishery; and

(iii)persons who may take fish in the fishery; and

(iv)any other restrictions on a person’s authorisation to take fish in the fishery;

(d)conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written.

(3)A condition mentioned in subsection (2)(d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2)(c).

s 4 amd 2020 SL No. 236 s 84

5Management and operation of commercial fisheries

(1)This section states, for information purposes only, some general matters about the management and operation of commercial fisheries.

(2)A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person—

(a)is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and

(b)is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence.

(3)The Fisheries (General) Regulation 2019 together with this regulation provide for—

(a)restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and

(b)restrictions on writing fishery symbols on primary commercial fishing licences; and

(c)what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and

(d)conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery.

s 5 amd 2020 SL No. 236 s 85

6Interpretation of fishery provisions

(1)This section states particular matters about the interpretation of a fishery provision about a commercial fishery.

(2)In a fishery provision about a commercial fishery—

(a)a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and

(b)a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a); and

(c)a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a); and

(d)a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a); and

(e)a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d).

s 6 sub 2020 SL No. 236 s 86

7Purpose of this division

This division states particular matters about what a person (the authorised person) acting under a primary commercial fishing licence on which a fishery symbol for a commercial fishery is written is authorised to do in the fishery under the licence.

s 7 amd 2020 SL No. 236 s 124 sch 2

8Where fish may be taken

(1)The authorised person may take fish only in a fishery area of the commercial fishery.

(2)However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence.

(3)Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision.

9What fish may be taken

The authorised person may take only fish that a fishery provision about the commercial fishery states may be taken by the person in the fishery.

10Way fish may be taken

(1)If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way.

Examples of stated ways—

•by using only stated fishing apparatus

•by using stated fishing apparatus only in a stated way

•by using only a stated number of stated fishing apparatus

(2)If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery.

(3)Subsection (2) applies even if more than 1 person is acting under the licence.

10ARestriction on possessing, selling or processing fish

(1)This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way.

(2)The authorised person may possess, sell or process the fish only in the stated circumstances or stated way.

s 10A ins 2020 SL No. 236 s 4

10BRestriction on possessing commercial fishing apparatus

(1)This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way.

(2)The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way.

s 10B ins 2020 SL No. 236 s 4

11Additional restrictions on authorisation

(1)This section applies if a fishery provision about the commercial fishery states any of the following (each a restriction)—

(a)fish may be taken in the fishery only if there is an unused quota entitlement under a quota authority for the fish;

(b)a maximum amount of fish that may be taken in the fishery;

(c)a period during which fish may be taken in the fishery;

(d)a stated activity must not be carried out in a stated area of the fishery.

(2)The authorised person may take fish in the commercial fishery only in accordance with the restriction.

s 11 amd 2020 SL No. 236 s 87

12Restriction on authorisation may apply in more than 1 way

A restriction under this division may apply to the authorised person in more than 1 way.

Example—

An authorised person may be authorised to take fish in a commercial fishery only in a particular area within the fishery’s fishery area, using only a particular type of fishing apparatus, and only during a particular period.

13Restriction on taking fish in more than 1 commercial fishery

(1)If a primary commercial fishing licence has more than 1 fishery symbol written on it, a person acting under the licence is not authorised to take fish in more than 1 commercial fishery at the same time.

(2)However, if the licence has 2 or more fishery symbols written on it and 1 or more of the fishery symbols is ‘C1’ or ‘C2’, the person may, at the same time—

(a)if only 1 fishery symbol is ‘C1’ or ‘C2’—take crabs under the fishery symbol ‘C1’ or ‘C2’ and fish under 1 other fishery symbol written on the licence; or

(b)if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and no other fishery symbols are written on the licence—take crabs under all of the fishery symbols ‘C1’ or ‘C2’; or

(c)if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and 1 or more other fishery symbols are written on the licence—

(i)take crabs under all of the fishery symbols ‘C1’ or ‘C2’; and

(ii)fish under 1 other fishery symbol written on the licence.

(3)Also, subsection (1) does not apply to a person taking any of 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)Further, subsection (1) does not apply to a person taking 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’.

(5)In addition, subsection (1) does not apply to a person taking fish under the fishery symbol ‘A1’ and the fishery symbol ‘D’ at the same time.

s 13 amd 2020 SL No. 236 ss 5, 88, 126

14Restriction on taking fish in commercial fisheries having same fishery symbol

(1)This section applies if a fishery symbol written on a primary commercial fishing licence is the fishery symbol for more than 1 commercial fishery.

(2)A person acting under the licence is not authorised to 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 14 amd 2020 SL No. 236 s 124 sch 2

15Restriction on 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 primary commercial fishing licence.

(2)The person is not authorised 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 15 amd 2020 SL No. 236 s 124 sch 2

15ARestriction on retaining fish

(1)This section applies to fish other than fish taken under a B1, R, RQ, SM or T4 licence.

(2)A person acting under a primary commercial fishing licence is not authorised to keep fish on an authorised boat for the licence when the boat leaves a landing place to start a new fishing operation.

s 15A ins 2020 SL No. 236 s 4 (second occurrence)

sub 2020 SL No. 236 s 127

15BRestriction on transhipping fish

(1)This section applies to fish other than fish taken under a D, L4, N3, N12, N13, R, RQ, SM or T1 licence.

(2)A person acting under a primary commercial fishing licence is not authorised to transfer fish from an authorised boat for the licence to a transport vessel from or using which the fish are proposed to be unloaded.

s 15B ins 2020 SL No. 236 s 4 (second occurrence)

sub 2020 SL No. 236 s 127 (amd 2021 SL No. 29 s 28)

16Definitions for part

In this part—

ocean beach fishery means a commercial fishery mentioned in schedule 4, part 1.

ocean beach fishery flag 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 identified by the flag;

(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 the straight line between the ocean beach fishery flags, extending from the point that is 500m seaward of 1 of the flags to the point that is 500m landward of that 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 to the point that is 500m landward of the other 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).

17Meaning 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 authorised to be used in the area; and

(ii)if a fishery provision about the commercial fishery states that fish may be taken only if a minimum number of assistant fishers is present—the minimum number of assistant fishers present; and

(b)there is, on the boat, a net authorised to be used to take fish in the area.

18Fishing priority—ocean beach fisheries

(1)This section applies—

(a)to each commercial fisher acting under a primary commercial fishing licence; and

(b)for using a net in an ocean beach fishery.

(2)Each of the commercial fishers is authorised under the licence to use a net—

(a)in the ocean beach net area identified by the fisher; and

(b)in the order in which the fishers are ready to fish with the nets in the area.

s 18 amd 2020 SL No. 236 s 124 sch 2

19Fishing priority—other commercial fisheries

(1)This section applies—

(a)to each commercial fisher acting under a primary commercial fishing licence; and

(b)for using a net in a commercial fishery, other than an ocean beach fishery.

(2)Each of the commercial fishers is authorised under the licence to use a net—

(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.

s 19 amd 2020 SL No. 236 s 124 sch 2

20Duration of fishing priority

An authorisation for a commercial fisher to use nets in an area of a commercial fishery under section 18 or 19 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.

21Joint fishers taken to be 1 fisher

If 2 or more commercial fishers mentioned in section 18 or 19 jointly use nets, they are taken to be 1 commercial fisher.

22Interfering with ocean beach fishery flag

(1)This section applies if a commercial fisher, or an assistant fisher, acting under a primary commercial fishing licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 16, 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.

s 22 amd 2020 SL No. 236 s 124 sch 2

23Obstructing exercise of a fishing priority

A person must not obstruct a commercial fisher in exercising a fishing priority under division 2, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

24Application of part

This part applies to an authority that authorises the use of a boat (an authorised boat) in a commercial fishery if—

(a)the authority states a sequence of letters or numbers for the boat; or

(b)the chief executive has given the holder of the authority a written notice (a boat mark notice) stating a sequence of letters or numbers for the boat.

25Reference to a boat mark for a boat

A reference to a boat mark for a boat used under an authority is a reference to—

(a)for a primary boat or another boat identified in the authority—the sequence of letters or numbers for the boat stated on the authority or boat mark notice issued for the boat; or

(b)for a tender boat or another boat not identified in the authority—the sequence of letters or numbers for the boat stated on the authority or a boat mark notice followed by—

(i)a dash; and

(ii)a number, chosen by the holder of the authority, that is not the same as the number for any other boat of a type mentioned in this paragraph that is used under the authority.

26Boat mark must be fixed on authorised boat

(1)It is a condition of the authority that the holder of the authority must ensure the boat mark for the authorised boat is fixed to the boat in a way that complies with this division.

(2)It is a condition of the authority that the boat mark must not be removed, or replaced with another boat mark, during a fishing trip on the boat.

27Colour and placement

(1)The boat mark must be written in black on a yellow background.

(2)The boat mark must be—

(a)fixed to each side of the boat’s hull; and

(b)fixed to the following surface in a way that allows the boat mark to be viewed from above—

(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;

(ii)otherwise—a flat surface on the boat.

(3)The boat mark must not—

(a)be fixed below the water line of the boat; or

(b)otherwise be obscured from view.

28Size of boat mark

(1)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.

(2)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.

(3)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.

29Authorised boat must not be used without boat mark

It is a condition of the authority that a person in control of the 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 fixed to, and remains on, the boat in compliance with division 2.

30Requirement to remove boat mark

(1)It is a condition of the authority that the holder of the authority must remove the boat mark from the 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 fixed to the authorised boat, or allowed to remain on the boat, in a way that complies with division 2.

(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.

31Particulars to be legible, visible and in English

(1)This section applies if a person is required under this regulation to write or mark particulars in or on a document or other thing.

Examples—

•markings on floats attached to fishing apparatus

•markings on boats

(2)The person must write or mark the particulars in or on the document or thing, legibly, visibly and in English.

Maximum penalty—20 penalty units.

(3)Subsection (2) does not prevent a person writing or marking the particulars in another language in addition to English.

ch 3 pt 1 hdg sub 2020 SL No. 236 s 89

ch 3 pt 1 div 1 hdg sub 2020 SL No. 236 s 89

32Authorisation—holder

(1)The holder of a primary commercial fishing licence may do any of the following under the licence—

(a)allow a commercial fisher to act under the licence to take fish for trade or commerce, without using a boat, in a hand-harvest only commercial fishery identified in the licence;

(b)allow a commercial fisher to use the primary boat identified in the licence to take fish for trade or commerce in a commercial fishery identified in the licence;

(c)allow a commercial fisher to use no more than the authorised number of tender boats for a commercial fishery identified in the licence, at the same time, to take fish in the fishery;

(d)allow a commercial fisher to use a tender boat as if it were the primary boat identified in the licence if—

(i)there is no primary boat identified in the licence or the primary boat identified in the licence is not also being used to take fish for trade or commerce in a commercial fishery; and

(ii)the licence is kept on the tender boat while it is being used as the primary boat;

(e)allow a commercial fisher who uses a boat to take fish in a commercial fishery as mentioned in paragraph (b), (c) or (d) to carry the fish;

(f)sell fish taken in a commercial fishery by a commercial fisher acting under the licence;

(g)process fish taken in a commercial fishery by a commercial fisher acting under the licence;

(h)buy, sell and possess commercial fishing apparatus.

(2)For subsection (1), 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)(d)(i), the primary boat is not being used to take fish for trade or commerce in a commercial fishery only because there is fishing apparatus or fish on the boat.

(4)While a tender boat is being used under subsection (1)(d), the provisions of this regulation apply to the boat as if it were a primary boat.

(5)The primary boat and any of its tender boats may be used in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence if—

(a)the boat and the taking of the fish complies with schedule 4, part 7; and

(b)a fishery symbol for a fishery other than a hand-harvest only commercial fishery is written on the licence.

s 32 sub 2020 SL No. 236 s 89

amd 2021 SL No. 29 s 3

33Authorisation—other persons

(1)The holder of a primary commercial fishing licence may authorise someone else to do a thing under the licence that the holder may do under section 32.

(2)A person authorised under subsection (1) by the holder of a primary commercial fishing licence to do a thing may do the thing under the licence.

(3)However, the holder of an E licence may authorise a person under subsection (1) to do a thing in the eel fishery only if the chief executive has approved the person as the holder’s approved nominee under section 34.

s 33 sub 2020 SL No. 236 s 89

34Chief executive may approve nominee for eel fishery

(1)The holder of an E licence 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.

s 34 sub 2020 SL No. 236 s 89

ch 3 pt 1 div 2 hdg sub 2020 SL No. 236 s 89

35Purpose of division

This division prescribes conditions for a primary commercial fishing licence.

s 35 sub 2020 SL No. 236 s 89

36Condition about length of primary boat

A primary boat may be used in a commercial fishery only if its length is no more than—

(a)if a fishery provision about the fishery states that a primary boat longer than a stated length must not be used in the fishery—the stated length; or

(b)otherwise—25m.

s 36 sub 2020 SL No. 236 s 89

37Condition about use of tender boat

(1)A tender boat may be used in a commercial fishery only if—

(a)either—

(i)the tender boat’s primary boat—

(A)may be used in the fishery; and

(B)is not being used in another commercial fishery; or

(ii)there is no primary boat identified in the licence; and

(b)the tender boat’s length is no more than 10m.

(2)Subsection (1)(a)(i)(B) does not apply in relation to the use of a tender boat in a commercial fishery if the other commercial fishery in which the primary boat is being used is a crab fishery.

s 37 sub 2020 SL No. 236 s 89

amd 2021 SL No. 29 s 4

38Condition about selling N11 fish

If a primary boat or a tender boat for a primary boat is used to take N11 fish under section 32(5), the N11 fish cannot be sold under the licence unless the fishery symbol ‘N11’ is written on the licence.

s 38 sub 2020 SL No. 236 s 89

ch 3 pt 1 div 3 hdg ins 2020 SL No. 236 s 89

ch 3 pt 1 div 3 hdg ins 2020 SL No. 236 s 89

39Modifying boats

(1)This section prescribes a condition for an M1, M2, T1 or T2 licence.

(2)The holder of the licence may modify the primary boat identified in the licence only if—

(a)the modification does not change the number of hull units for the boat; or

(b)the modification is of a kind allowed under section 40.

s 39 sub 2020 SL No. 236 s 89

40Amending or replacing particular licences to allow boat modification or replacement

The chief executive may amend or replace an M1, M2, T1 or T2 licence to allow the primary boat identified in the licence to be modified or replaced only if the modification or replacement does not result in the hull units for the boat being more than 120.

s 40 sub 2020 SL No. 236 ss 89, 128

ch 3 pt 1 div 3 hdg ins 2020 SL No. 236 s 89

41Modifying boats

(1)This section prescribes a condition for a T5, T6, T7, T8 or T9 licence.

(2)The holder of the licence may modify the primary boat identified in the licence only if—

(a)the modification does not change the boat’s main engine power or its length; or

(b)the modification is of a kind allowed under section 42.

s 41 sub 2020 SL No. 236 s 89

42Amending or replacing particular licences to allow boat modification or replacement

The chief executive may amend or replace a T5, T6, T7, T8 or T9 licence to allow the primary boat identified in the licence to be modified or replaced only if the modified or replacement boat is no longer than 14m.

s 42 amd 2020 SL No. 236 s 7

sub 2020 SL No. 236 s 89

ch 3 pt 2 hdg sub 2020 SL No. 236 s 89

ch 3 pt 2 div 1 hdg sub 2020 SL No. 236 s 89

43Authorisation—commercial fisher

(1)The holder of 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 acting under a primary commercial fishing licence authorising the use of the apparatus;

(d)take fish for trade or commerce, but only while acting under a primary commercial fishing licence;

(e)possess fish taken as mentioned in paragraph (d);

(f)sell fish taken as mentioned in paragraph (d);

(g)process fish taken as mentioned in paragraph (d).

(2)However, a commercial fisher may take fish for trade or commerce without using a boat only in a hand-harvest only commercial fishery.

s 43 sub 2020 SL No. 236 s 89

44Authorisation—assistant fisher

(1)Subject to subsections (2) to (5), the holder of 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 43.

(2)An assistant fisher may do a thing mentioned in section 43(1)(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 43(1)(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 43(1)(e) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions.

(5)An assistant fisher is not authorised to do a thing mentioned in section 43 in a commercial fishery if a fishery provision about the commercial fishery states that only a commercial fisher may do the thing.

s 44 sub 2020 SL No. 236 s 89

45Meaning of under direction—commercial trawl fishery (fin fish)

For the commercial trawl fishery (fin fish), an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are—

(a)on the same boat; or

(b)on different boats but the assistant fisher is on a tender boat that is not a trawler.

s 45 sub 2020 SL No. 236 s 89

46Meaning of under direction—east coast trawl fishery

For the east coast trawl fishery, an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are—

(a)on the same boat; or

(b)on different boats but the assistant fisher is on a tender boat.

s 46 sub 2020 SL No. 236 s 89

47Meaning of under direction—other commercial fisheries

(1)This section states when an assistant fisher is under direction of a commercial fisher for a commercial fishery other than a commercial fishery mentioned in section 45 or 46.

(2)The assistant fisher is under direction of the commercial fisher if—

(a)the assistant fisher and commercial fisher are engaged in—

(i)the same fishing operation in the commercial fishery; or

(ii)2 fishing operations in 2 commercial fisheries, if the 2 commercial fisheries are commercial fisheries that a person is authorised to take fish in at the same time under section 13; and

(b)the assistant fisher is acting in accordance with the commercial fisher’s instructions.

s 47 sub 2020 SL No. 236 s 89

ch 3 pt 2 div 2 hdg sub 2020 SL No. 236 s 89

ch 3 pt 2 div 2 hdg om 2020 SL No. 236 s 89

ch 3 pt 2 div 2 hdg om 2020 SL No. 236 s 89

48Purpose of division

This division prescribes a condition for a commercial fisher licence.

s 48 sub 2020 SL No. 236 s 89

49Commercial fisher to display notice

(1)This section applies to a commercial fisher who is acting under a primary commercial fishing licence to take fish without a boat.

(2)The commercial fisher must display a notice—

(a)adjacent to the place on the land from which the fisher is taking fish under the primary commercial fishing licence; and

(b)stating the licence number for the primary commercial fishing licence.

(3)For the notice—

(a)each letter or number 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.

s 49 sub 2020 SL No. 236 s 89

53Fishery symbol may be written only on primary commercial fishing licence

(1)The chief executive may write a fishery symbol only on a primary commercial fishing licence.

(2)A reference to a licence in this part is a reference to a primary commercial fishing licence.

s 53 sub 2020 SL No. 236 s 90

54General restriction on writing fishery symbols

(1)The chief executive may write a fishery symbol on a licence only if—

(a)the chief executive must move the fishery symbol to the licence under section 63; or

(b)the licence is a replacement of a licence on which the symbol was written.

(2)However, the chief executive may write the fishery symbol ‘E’ on a licence only if the licence is a replacement of a licence on which the symbol was written.

Note—

Under the Fisheries (General) Regulation 2019, section 34, E licences are not transferable.

s 54 sub 2020 SL No. 236 s 90

56Restriction on writing multiple fishery symbols

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

57Restrictions on writing fishery symbols ‘N3’, ‘N12’ and ‘N13’

(1)The chief executive must not write the fishery symbol ‘N3’ on a licence on which the fishery symbol ‘N12’ or ‘N13’ is written.

(2)The chief executive must not write the fishery symbol ‘N12’ on—

(a)a licence on which the fishery symbol ‘N3’ or ‘N13’ is written; or

(b)more than 3 primary commercial fishing licences.

(3)The chief executive must not write the fishery symbol ‘N13’ on a licence on which the fishery symbol ‘N3’ or ‘N12’ is written.

s 57 amd 2020 SL No. 236 s 124 sch 2

58Restrictions on writing particular east coast trawl fishery symbols

(1)The chief executive must not write—

(a)the ‘M2’ fishery symbol on a licence on which the fishery symbol ‘M1’, ‘T1’ or ‘T2’ is written; or

(b)the ‘T2’ fishery symbol on a licence on which the fishery symbol ‘M1’ or ‘T1’ is written; or

(c)the ‘M1’ fishery symbol on a licence on which the fishery symbol ‘T1’ is not written.

59Restrictions on writing particular east coast trawl fishery symbols on licences allowing the use of boats of particular types

(1)The chief executive must not—

(a)write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat that has more than 120 hull units; or

(b)write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat longer than 14m; or

(c)write an ‘M2’ fishery symbol on a licence allowing the use of a boat if the hull units of the boat are more than the hull units for a boat that may be used under the licence from which the fishery symbol is being moved.

(2)Subsection (1)(c) does not apply if the holder of the licence surrenders another M2 licence.

s 59 amd 2020 SL No. 236 s 129

60Restrictions on writing fishery symbols on licences allowing the use of boats of particular lengths

(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 about the fishery.

(2)However, the chief executive may write a fishery symbol on a licence (other than a licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written) (the second licence) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the fishery provision about the fishery if—

(a)a person has applied, under section 62, 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.

61Definitions for division

In this division—

administrative conditions ...

s 61 def administrative conditions om 2020 SL No. 236 s 91 (1)

authorised tender boat number, for a fishery symbol stated on a primary commercial fishing licence, means the authorised number of tender boats for the symbol stated on the licence under the Fisheries (General) Regulation 2019, section 32.

s 61 def authorised tender boat number sub 2020 SL No. 236 s 91 (2)

first licence see section 62(1)(a).

second licence see section 62(1)(b).

62Application to move fishery symbol to another licence

(1)This section applies if—

(a)a fishery symbol is written on a primary commercial fishing licence (the first licence); and

(b)the fishery symbol may, under this part, be written on another primary commercial fishing 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 tender boat number for the symbol from the first licence to the second licence.

(3)The application must be—

(a)in the approved form; and

(b)accompanied by—

(i)the fee prescribed under the Fisheries (General) Regulation 2019, schedule 6; 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, an application can not be made by a person who holds a licence because of a temporary transfer.

(6)Also, an application cannot be made for the ‘E’ fishery symbol.

s 62 amd 2020 SL No. 236 s 92

63Moving fishery symbol

(1)This section applies if—

(a)an application to move a fishery symbol to a licence is made under section 62; and

(b)the fishery symbol may, under this part, be written on the licence.

(2)The chief executive must move the fishery symbol and the authorised tender boat number for the symbol from the first licence to the second licence by removing from the first licence, and writing on the second licence—

(a)the fishery symbol; and

(b)the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and

(c)any administrative licence conditions applying to the fishery symbol.

(3)The action required to be taken by the chief executive under subsection (2) may be done automatically by an online system established by the chief executive for that purpose, or purposes including that purpose.

(4)In this section—

administrative licence conditions means conditions of a licence imposed by the chief executive under section 61 of the Act.

s 63 sub 2020 SL No. 236 s 93

66Meaning of effort year

Effort year means the period from midday on 1 January to midday on 1 January in the next year.

67Reference to a day

(1)In this part, a reference to a day is—

(a)the period of 24 hours from midday to midday; or

(b)if the chief executive is given at least 24 hours notice that a different period is to apply under subsection (2) or (3) for a day—the period of 24 hours stated in the notice.

(2)The holder of a trawl licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from midnight to midnight.

(3)Also, the holder of an M1 licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from 6p.m. to 6p.m.

(4)In this section—

notice includes a notice given by facsimile, radio or telephone.

s 67 amd 2020 SL No. 236 s 130

68Purpose of this division

This division states the quota entitlement for effort units for a trawl region.

s 68 amd 2020 SL No. 236 s 131

69Entitlement under effort units

(1)The holder of effort units for a trawl region may, in an effort year, use, or allow someone else to use, the primary boat identified in a trawl licence also held by the holder—

(a)until all the effort units for the region for the year have been used; and

(b)for 4 additional days (each a steaming day).

(2)The authorisation under this section for an effort year—

(a)is the holder’s entitlement under the holder’s effort units for the trawl region for the effort year; and

(b)imposes a quota on the entitlement for the effort year.

s 69 amd 2020 SL No. 236 ss 124 sch 2, 132

70When effort units entitlement is used for an effort year

(1)The entitlement under effort units for a trawl region is used for an effort year—

(a)when the holder of, or a person acting under, the effort units has used all the effort units for the year and used the primary boat identified in a trawl licence for all the steaming days for the units; or

(b)section 71 applies.

(2)Effort units for a trawl region are used when the holder, or anyone else allowed by the holder, has used the primary boat identified in a trawl licence in the region on a day.

(3)The number of effort units used on the day is worked out by applying the following formula—

      where—

EU means the number of effort units used on the day.

EUCF means the effort unit conversion factor for the primary boat used stated in schedule 10 opposite the number of hull units for the boat.

(4)If the primary boat is used in any part of a day, the boat is taken to have been used for the whole of the day.

(5)If because of a notice given under section 67, the period of a day changes, the use of the primary boat at any time must not be counted twice in working out whether the boat has been used on a day.

Example—

The day applying to the holder of effort units, under section 67, is midday to midday (the existing 24-hour period). The holder gives the chief executive 24 hours notice, under section 67(2), to change the day applying to the holder to be midnight to midnight (the new 24-hour period). The primary boat is used in the 24 hours leading up to the first midnight of the new 24-hour period. The use of the boat during those 24 hours may be counted only for the existing 24-hour period, even if the primary boat is used after midday.

(6)The unused entitlement under effort units for a trawl region for an effort year is the number of effort units for the trawl region and the steaming days that have not been used for the effort year under any trawl licence held by the holder of the effort units.

s 70 amd 2020 SL No. 236 s 133

71No carrying forward of unused entitlement

(1)This section applies if, in an effort year, the holder of effort units for a trawl region uses the primary boat identified in a trawl licence in the trawl region for a number of days that is less than the entitlement under the holder’s effort units.

(2)The holder is taken, at the end of the effort year, to have used all the entitlement under the effort units for the trawl region held by the holder for the effort year.

s 71 amd 2020 SL No. 236 s 134

ch 4 pt 1 div 3 hdg amd 2020 SL No. 236 s 135

72Chief executive to give usage notice

(1)This section applies if the chief executive becomes aware that the total entitlement under all the effort units for a trawl region for a particular effort year—

(a)has been used; or

(b)is likely to be used in the next month.

(2)The chief executive must immediately give each holder of a trawl licence a written notice (a usage notice) stating—

(a)if the total entitlement has been used—

(i)the day the total entitlement was used; and

(ii)the day the regulated period starts under the Fisheries Declaration 2019, section 92(3); or

(b)if the total entitlement is likely to be used in the next month—that the total entitlement is likely to be used in the next month.

s 72 amd 2020 SL No. 236 s 136

73Obligations of licence holders under usage notice

(1)This section prescribes a condition for a trawl licence that applies if the holder of the licence is given a usage notice.

(2)The holder of the licence must ensure that every person acting under the licence is aware of the matters mentioned in the usage notice.

(3)Subsection (4) applies if the usage notice states that the total entitlement is likely to be used in the next month.

(4)A person in control of a relevant boat under the licence must use the AIVR system, on each day the boat is to be used to take fish under the licence, to obtain the following information before any person starts using the boat to take fish on that day—

(a)whether the total entitlement has been used;

(b)if the person finds out by using the AIVR system that the total entitlement has been used on that day or an earlier day—the day the regulated period will start under the Fisheries Declaration 2019, section 92(3).

(5)A person in control of a relevant boat under the licence complies with subsection (4) if another person obtains the information, in compliance with that subsection, for the person in control of the boat.

(6)In this section—

relevant boat, under a trawl licence, means a boat that is to be used to take fish under the licence from the reef world heritage area regulated waters.

s 73 amd 2020 SL No. 236 s 137

74Location detected or reported

(1)This section applies if the primary boat identified in a trawl licence is detected by vessel tracking equipment or manually reported at any time during a day (the relevant day) within a trawl region.

(2)The detection or manual report is evidence the holder of the licence has used the boat for a whole day for effort units for the trawl region.

(3)However, subsection (2) does not apply if—

(a)an exception stated in this subdivision applies for the relevant day; or

(b)the chief executive decides on information provided by the holder of the licence that the boat was not used on the relevant day.

(4)As soon as practicable after making a decision under subsection (3)(b), the chief executive must give each person to whom the decision relates an information notice about the decision.

s 74 amd 2020 SL No. 236 s 138

75Exception—movement only at travelling speed

(1)It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as—

(a)not having moved; or

(b)having moved at a speed of at least 5 knots.

(2)For subsection (1)(b), if a boat is detected by vessel tracking equipment or manually reported as having moved continuously during a period, the first or last time the boat is detected or manually reported during the period must be disregarded if, at the time, the boat is detected or manually reported as moving at a speed of less than 5 knots.

76Exception—minimum boat movement

It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as—

(a)not having moved; or

(b)having moved no more than the following distance from where the boat was first detected on the day—

(i)if the boat is detected or manually reported as being in the deep water net area during any part of the day—1,000m;

(ii)otherwise—250m.

77Exception—moving boat without fishing

(1)It is an exception if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, any of the following journeys—

(i)from a defined port area to another defined port area;

(ii)from a defined port area to a place outside the fishery area of the east coast trawl fishery;

(iii)from a place outside the fishery area of the east coast trawl fishery to a defined port area;

(iv)from a place outside the fishery area of the east coast trawl fishery to another place outside the fishery area of the east coast trawl fishery;

(b)the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started—

(i)the date and time the journey will start;

(ii)the place the journey will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)if the movement involves entering or leaving the fishery area of the east coast trawl fishery—each entry or leaving;

(vi)the reason for the journey;

(c)if any fish taken outside the fishery area of the east coast trawl fishery are on board the boat—the holder of the licence or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)no fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery are on board the boat; and

(ii)section 80 of the Act is complied with for the boat; and

(iii)all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom.

(3)Subsection (2)(e)(iii) does not apply if the journey is from a defined port area to the nearest northerly or southerly defined port area.

(4)Also—

(a)the holder of the licence or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)(b)(iii), (iv) or (v); and

(b)from the giving of the amendment notice, the condition mentioned in subsection (2)(d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.

(5)In this section—

permitted fish see schedule 2, section 4.

78Exception—moving boat to test fishing apparatus

(1)It is an exception if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus;

(b)the destination for the journey is no more than 1n mile from where the journey started;

(c)the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey—

(i)the date and time the journey will start;

(ii)the place the journey will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)the reason for the journey;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)no fish are taken by the use of a trawl net in the fishery area of the east coast trawl fishery; and

(ii)the cod ends of each trawl net on or attached to the boat are open; and

(iii)section 80 of the Act is complied with for the boat.

79Exception—acting exclusively under authority other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol

(1)It is an exception if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the boat is being used during the journey other than under an ‘M1’, ‘T1’ or ‘T2’ fishery symbol;

(b)the movement is, or is part of, a journey that started from a defined port area;

(c)the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started—

(i)the date and time the journey will start;

(ii)where the journey will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)each authority or fishery symbol under which the boat will be used during the journey;

(vi)the activities for which the boat will be used during the journey;

(vii)the date and time the use of the boat under the authority or fishery symbol mentioned in subparagraph (v) will stop;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)section 80 of the Act is complied with for the boat; and

(ii)if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the fishery area of the east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery, on board the boat.

(3)Also—

(a)the holder of the licence or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)(b)(iii), (iv), (v) or (vi); and

(b)from the giving of the amendment notice, the condition mentioned in subsection (2)(c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.

80Exception—detection in particular regulated waters

It is an exception if the detection by vessel tracking equipment or manual reporting is within 1 or more of the following—

(a)the southern offshore trawl region A, the southern offshore trawl region B, or the southern inshore trawl region, in a period mentioned in the Fisheries Declaration 2019, section 110A;

(b)the Swain Reefs and Hydrographers Passage regulated waters in the regulated period under the Fisheries Declaration 2019, section 87(2);

(c)the following regulated waters—

•Currumbin Beach

•Moreton Bay outside the Moreton Bay trawl region

•Moreton Bay (including The Broadwater)

•Maroochy River and ocean foreshores (netting)

•Laguna Bay area

•Rainbow Beach

•Wide Bay Bar

•Hook Point to Taleerba Creek, Fraser Island

•Hervey Bay (commercial netting)

•Gladstone offshore area

•Yeppoon offshore area

•Keppel Bay near Middle Island Observatory

•Swain Reefs

•Shoalwater Bay

•Grasstree Island area

•Pioneer River mouth

•Egremont Pass Closure

•Refuge Bay on Scawfell Island

•Pioneer Bay

•Hook Island (fishing)

•Bowen to Cairns offshore area

•Townsville Harbour and Cleveland Bay

•Rollingstone Creek

•Townsville to Cape York Peninsula offshore area

•Yanks Jetty at Orpheus Island

•Herbert River

•Hinchinbrook Channel (all nets)

•Mission Beach

•Etty Bay area

•Fitzroy Island–High Island

•Mission Bay

•Trinity Bay

•Yorkeys Knob to Simpson Point

•Island Point to the Daintree River

•Grave Point to Indian Head

•Cape Bedford to Murray Reefs

•Cape Flattery to Lookout Point

•Lookout Point to Baron Reef

•Barrow Point to Bizant River

•Marrett River to Rocky River

•Rocky River to latitude 13º08.91' south

•Round Point to Fly Point near Cape York Peninsula

•tip of Cape York Peninsula

•latitude 13º08.91' south to Thorpe Point.

s 80 amd 2020 SL No. 236 s 139

81Notices to chief executive under subdivision

(1)This section applies for a notice to the chief executive under this subdivision.

(2)The notice may relate to a continuous period of more than 1 day.

(3)The notice may be given to the chief executive by—

(a)telephone to a telecommunications service provider, for the chief executive, published on the department’s website; or

(b)using vessel tracking equipment in a way that ensures—

(i)the notice is given to, and received by, the chief executive instantaneously; and

(ii)the chief executive can readily access the information in the notice.

(4)The chief executive may make guidelines for how to give the notice under subsection (3)(b).

(5)The notice is taken to have been given under subsection (3)(b) if, to the extent they are relevant, the guidelines are complied with.

82Location not detected or reported

(1)This section applies if at any time during a day (the relevant time)—

(a)section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and

(b)the boat is not detected by vessel tracking equipment anywhere; and

(c)the boat’s location is not manually reported.

(2)The absence of the detection or manual report is evidence that the boat was used at the relevant time for effort units for the trawl region.

Note—

Under section 70(4), a boat used in any part of a day is taken to be used for the whole of the day for working out usage of effort units.

(3)However, subsection (2) does not apply if the chief executive decides on information provided by the holder of the licence that the boat was not used in the trawl region at the relevant time.

(4)As soon as practicable after making a decision under subsection (3), the chief executive must give each person to whom the decision relates an information notice about the decision.

s 82 amd 2020 SL No. 236 ss 8, 140

83Meaning of SM year

SM year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

84Meaning of whole weight of spanish mackerel

(1)The whole weight of whole spanish mackerel is the weight, in kilograms, of the spanish mackerel.

(2)The whole weight of spanish mackerel that is filleted, gilled and gutted, or trunked is the weight worked out using the following formula—

      where—

WW is the whole weight, in kilograms, of the spanish mackerel.

W is the weight, in kilograms, of the spanish mackerel.

CF is—

(a)for filleted spanish mackerel—1.61; or

(b)for gilled and gutted spanish mackerel—1.05; or

(c)for trunked spanish mackerel—1.18.

(3)The whole weight of a number of the spanish mackerel mentioned in subsection (2) is the weight worked out by using the following formula—

where—

WW is the whole weight, in kilograms, of the spanish mackerel, worked out under subsection (2).

N is the number of spanish mackerel.

85Purpose of division

This division states the quota entitlement for SM units.

86Entitlement under SM unit

(1)The holder of, or a person acting under, an SM unit may take, in an SM year, the weight of spanish mackerel worked out by dividing the total quota entitlement for spanish mackerel for the SM year by the total number of SM units that have been issued.

(2)The authorisation for an SM year under subsection (1)—

(a)is the holder’s entitlement under the SM unit for the SM year; and

(b)imposes a quota on the entitlement for the SM year.

(3)However, the entitlement applies only while the holder holds an SM licence that is in force.

(4)In this section—

total quota entitlement, for spanish mackerel, for an SM year, means the total quota entitlement stated for spanish mackerel in the quota declaration for the spanish mackerel fishery for the SM year.

87When SM unit entitlement is used for an SM year

(1)The entitlement under an SM unit is used for an SM year—

(a)when the holder of, or a person acting under, the SM unit, has taken, in the SM year under any SM licence held by the holder, an amount of (whole weight) spanish mackerel for the SM unit equalling the entitlement under the SM unit; or

(b)if section 88 applies.

(2)The unused entitlement under an 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 licence held by the holder of the SM unit.

88No 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 of, or a person acting under, SM units 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.

89Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for spanish mackerel taken under SM units.

(2)The notice is evidence that the holder of the SM units 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 section 84(2).

s 89 amd 2020 SL No. 236 s 141

90Meaning of line year

Line year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

91Meaning of whole weight of regulated coral reef fin fish

(1)The whole weight of regulated coral reef fin fish that is filleted is the weight worked out using the following formula—

where—

WW is the whole weight, in kilograms, of the fish.

W is the weight, in kilograms, of the filleted fish.

CF is—

(a)for filleted regulated coral trout—2; or

(b)for filleted regulated cod or grouper—2.1; or

(c)for filleted goldband snapper—2.3; or

(d)for filleted rosy snapper or lavender snapper—2.1; or

(e)for filleted regulated tropical snapper or seaperch not mentioned in paragraph (c) or (d)—2.6; or

(f)for filleted regulated emperor—2.5; or

(g)for any other regulated coral reef fin fish or fish not identified as a particular species—2.

(2)The whole weight of regulated coral reef fin fish that is gilled and gutted is the weight worked out using the following formula—

where—

WW is the whole weight, in kilograms, of the fish.

W is the weight, in kilograms, of the gilled and gutted fish.

(3)The whole weight, in kilograms, of a number of regulated coral reef fin fish is the number of the fish.

(4)The whole weight of regulated coral reef fin fish to which subsections (1) to (3) do not apply is the weight, in kilograms, of the fish.

91AReferences to prescribed coral reef fin fish

A reference to prescribed coral reef fin fish in relation to a line unit is a reference to the regulated coral reef fin fish stated for the line unit in schedule 9, part 1.

s 91A ins 2020 SL No. 236 s 142

92Purpose of division

This division states the quota entitlement for line units.

93Entitlement under line unit

(1)The holder of, or a person acting under, a line unit may take, in a line year, the weight of prescribed coral reef fin fish worked out by dividing the total quota entitlement for the fish for the line year by the total number of line units of that type that have been issued.

(2)The authorisation for a line year under subsection (1)—

(a)is the holder’s entitlement under the line unit for the line year; and

(b)imposes a quota on the entitlement for the line year.

(3)However, the entitlement applies only while the holder holds an RQ licence that is in force.

(4)In this section—

total quota entitlement, for prescribed coral reef fin fish, for a line year, means the total quota entitlement stated for the fish in the quota declaration for the reef line commercial fishery for the line year.

s 93 amd 2020 SL No. 236 s 143

94When line unit entitlement is used for a line year

(1)The entitlement under a line unit held by a person is used for a line year—

(a)when the holder of, or a person acting under, the line unit has taken in the line year, under any RQ licence held by the holder, an amount of (whole weight) prescribed coral reef fin fish for the line unit equalling the holder’s entitlement under the line unit; or

(b)if section 95 applies.

(2)The unused entitlement under a line unit for a line year is the amount of (whole weight) prescribed coral reef fin fish for the line unit that has not been taken, for the line year, under any RQ licence held by the holder of the line unit.

s 94 amd 2020 SL No. 236 s 198 sch 3

95No carrying forward of unused entitlement

(1)This section applies if, in a line year, the holder of, or a person acting under, line units takes an amount of prescribed coral reef fin fish that is less than the total entitlements under the holder’s line units.

(2)The holder of the line units 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.

s 95 amd 2020 SL No. 236 s 198 sch 3

96Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed coral reef fin fish taken under line units.

(2)The notice is evidence that the holder of the line units has taken, under the line units, the whole weight equivalent of the amount of regulated coral reef fin fish stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of regulated coral reef fin fish stated in the notice is—

(a)for an amount stated for whole regulated coral reef fin fish—the amount stated; or

(b)for an amount stated for regulated coral reef fin fish that is not whole—the amount calculated in the way stated in section 91(1), (2) or (4) that applies to the fish.

s 96 amd 2020 SL No. 236 s 144

ch 4 pt 4 hdg amd 2020 SL No. 236 s 9

97Meaning of C2-ITQ year

C2-ITQ year means a period of 1 year starting on 1 July of a year and ending on 30 June in the next year.

Note—

See, however, section 167.

s 97 sub 2020 SL No. 236 s 10

98Purpose of division

This division states the quota entitlement for C2-ITQ units.

s 98 amd 2020 SL No. 236 s 82 sch 1

99Entitlement under C2-ITQ unit

(1)The holder of, or a person acting under, a C2-ITQ unit may take in a C2-ITQ year the weight of spanner crabs worked out by dividing the total quota entitlement for the year by the total number of C2-ITQ units that have been issued.

(2)The authorisation for a C2-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the C2-ITQ unit for the C2-ITQ year; and

(b)imposes a quota on the entitlement for the C2-ITQ year.

(3)However, the entitlement applies only while the holder holds a C2 licence.

(4)In this section—

total quota entitlement, for spanner crabs, for a C2-ITQ year, means the total quota entitlement stated for spanner crabs in the quota declaration for the commercial spanner crab fishery (managed area A) for the C2-ITQ year.

s 99 amd 2020 SL No. 236 s 82 sch 1

100When C2-ITQ unit entitlement is used for a C2-ITQ year

(1)The entitlement under a C2-ITQ unit is used for a C2-ITQ year—

(a)when the holder of, or a person acting under, the unit has taken in the year under any C2 licence held by the holder an amount of (whole weight) spanner crab equalling the holder’s entitlement under the C2-ITQ unit; or

(b)if section 101 applies.

(2)The unused entitlement under a C2-ITQ unit for a C2-ITQ year is the amount of (whole weight) spanner crab for the C2-ITQ unit that has not been taken for the C2-ITQ year under any C2 licence held by the holder of the C2-ITQ units.

s 100 amd 2020 SL No. 236 s 82 sch 1, s 198 sch 3

101No carrying forward of unused entitlement

(1)This section applies if, in a C2-ITQ year, the holder of, or a person acting under, C2-ITQ units takes an amount of spanner crab under the C2-ITQ units that is less than the total entitlements under the C2-ITQ units.

(2)The holder of the C2-ITQ units is taken at the end of the C2-ITQ year to have used all the entitlements under the C2-ITQ units held by the holder for the C2-ITQ year.

s 101 amd 2020 SL No. 236 s 82 sch 1

ch 4 pt 4 div 3 hdg ins 2020 SL No. 236 s 145

101A Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for spanner crab taken under C2-ITQ units.

(2)The notice is evidence that the holder of the C2-ITQ units has taken, under the C2-ITQ units, the whole weight equivalent of the amount of spanner crab stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of spanner crab stated in the notice is the weight, for each spanner crab the subject of the notice, of an entire intact spanner crab.

s 101A ins 2020 SL No. 236 s 145

102Meaning of T4-ITQ year

T4-ITQ year means the period from 1 January to 31 December.

103Purpose of division

This division states the quota entitlement for T4-ITQ units.

104Entitlement under T4-ITQ unit

(1)The holder of, or a person acting under, a T4-ITQ unit may take in a T4-ITQ year the weight of prescribed whiting worked out by dividing the total quota entitlement for the year by the total number of T4-ITQ units that have been issued.

(2)The authorisation for a T4-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the T4-ITQ unit for the T4-ITQ year; and

(b)imposes a quota on the entitlement for the T4-ITQ year.

(3)However, the entitlement applies only while the holder holds a T4 licence.

Note—

See section 106 in relation to carrying forward unused entitlements under T4-ITQ units for a T4-ITQ year to the following T4-ITQ year.

(4)In this section—

total quota entitlement, for prescribed whiting, for a T4-ITQ year, means the total quota entitlement stated for prescribed whiting in the quota declaration for the commercial trawl fishery (fin fish) for the T4-ITQ year.

s 104 amd 2020 SL No. 236 s 146

105When T4-ITQ unit entitlement is used for a T4-ITQ year

(1)The entitlement under a T4-ITQ unit is used for a T4-ITQ year—

(a)when the holder of, or a person acting under, the unit has taken in the year under any T4 licence held by the holder an amount of (whole weight) prescribed whiting equalling the holder’s entitlement under the unit; or

(b)if section 106 applies.

(2)The unused entitlement under a T4-ITQ unit for a T4-ITQ year is the amount of (whole weight) prescribed whiting for the T4-ITQ unit that has not been taken for the T4-ITQ year under any T4 licence held by the holder of the T4-ITQ unit.

s 105 amd 2020 SL No. 236 s 198 sch 3

106Carrying forward of unused entitlement

(1)This section applies if, in a T4-ITQ year, the holder of, or a person acting under, T4-ITQ units takes an amount of prescribed whiting under the T4-ITQ unit that is less than the total entitlements under the holder’s T4-ITQ units.

(2)The holder of the T4-ITQ units is taken at the end of the T4-ITQ year to have used all the entitlements under the T4-ITQ units held by the holder for the T4-ITQ year, other than an unused entitlement to which subsection (3) applies.

(3)If the holder’s unused entitlement under the T4-ITQ units for the T4-ITQ year is 20t or less, the unused entitlement is carried forward to the following T4-ITQ year (the relevant T4-ITQ year).

(4)The holder of, or a person acting under, the holder’s T4-ITQ units may take in the relevant T4-ITQ year up to the amount of (whole weight) whiting carried forward under subsection (3).

(5)The authorisation under subsection (4)—

(a)applies in addition to the holder’s entitlement under the holder’s T4-ITQ units for the relevant T4-ITQ year under section 104; and

(b)does not form part of the holder’s entitlement under the holder’s T4-ITQ units for the relevant T4-ITQ year under section 104.

s 106 amd 2020 SL No. 236 s 147

ch 4 pt 5 div 3 hdg ins 2020 SL No. 236 s 148

106AWeight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed whiting taken under T4-ITQ units.

(2)The notice is evidence that the holder of the T4-ITQ units has taken, under the T4-ITQ units, the whole weight equivalent of the amount of prescribed whiting stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed whiting stated in the notice is the amount, in kilograms, of the fish.

s 106A ins 2020 SL No. 236 s 148

ch 4 pt 5A hdg ins 2020 SL No. 236 s 149

ch 4 pt 5A div 1 hdg ins 2020 SL No. 236 s 149

106BMeaning of ENL-ITQ year

ENL-ITQ year means the period of 1 year starting on 1 January in a year and ending on 31 December in the year.

Note—

See, however, section 173.

s 106B ins 2020 SL No. 236 s 149

106CReferences to prescribed ENL-ITQ fish, prescribed ENL management region and ENL-ITQ licences

(1)A reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in schedule 9, part 2.

(2)A reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in schedule 9, part 2.

Note—

The management regions are described in schedule 4, part 10.

(3)A reference to an ENL-ITQ licence in relation to an ENL-ITQ unit is a reference to a primary commercial fishing licence on which is written a fishery symbol stated for the ENL-ITQ unit in schedule 9, part 2.

s 106C ins 2020 SL No. 236 s 149

ch 4 pt 5A div 2 hdg ins 2020 SL No. 236 s 149

106DPurpose of division

This division states the quota entitlement for ENL-ITQ units.

s 106D ins 2020 SL No. 236 s 149

106EEntitlement under ENL-ITQ unit

(1)The holder of, or a person acting under, an ENL-ITQ unit may take in a prescribed ENL management region in an ENL-ITQ year the weight of prescribed ENL-ITQ fish worked out by dividing the total quota entitlement for the fish for the region for the year by the total number of ENL-ITQ units of the same type that have been issued.

(2)The authorisation for an ENL-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the ENL-ITQ unit for the ENL-ITQ year; and

(b)imposes a quota on the entitlement for the year.

(3)However, the entitlement applies only while the holder holds an ENL-ITQ licence that is in effect.

(4)In this section—

total quota entitlement, for prescribed ENL-ITQ fish for a prescribed ENL management region, for an ENL-ITQ year, means the total quota entitlement stated for the fish for the region in the quota declaration for commercial net fisheries for the ENL-ITQ year.

s 106E ins 2020 SL No. 236 s 149

106FWhen ENL-ITQ unit entitlement is used for an ENL-ITQ year

(1)The entitlement under an ENL-ITQ unit is used for an ENL-ITQ year—

(a)when the holder of, or a person acting under, the ENL-ITQ unit has taken in the ENL-ITQ year, under any ENL-ITQ licence held by the holder, an amount of (whole weight) prescribed ENL-ITQ fish in the prescribed ENL management region equalling the holder’s entitlement under the ENL-ITQ unit; or

(b)if section 106G applies.

(2)The unused entitlement under an ENL-ITQ unit for an ENL-ITQ year is the amount of (whole weight) prescribed ENL-ITQ fish that has not been taken in the prescribed ENL management region, for the ENL-ITQ year, under any ENL-ITQ licence held by the holder of the ENL-ITQ unit.

s 106F ins 2020 SL No. 236 s 149

106GNo carrying forward of unused entitlement

(1)This section applies if, in an ENL-ITQ year, the holder of, or a person acting under, ENL-ITQ units takes an amount of prescribed ENL-ITQ fish in a prescribed ENL management region that is less than the total entitlements under the holder’s ENL-ITQ units.

(2)The holder of the ENL-ITQ units is taken, at the end of the ENL-ITQ year, to have used all the entitlements under the ENL-ITQ units held by the holder for the ENL-ITQ year.

s 106G ins 2020 SL No. 236 s 149

ch 4 pt 5A div 3 hdg ins 2020 SL No. 236 s 149

106HWeight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed ENL-ITQ fish taken under ENL-ITQ units.

(2)The notice is evidence that the holder of the ENL-ITQ units has taken, under the ENL-ITQ units, the whole weight equivalent of the amount of prescribed ENL-ITQ fish stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed ENL-ITQ fish stated in the notice is the amount, in kilograms, of the fish.

s 106H ins 2020 SL No. 236 s 149

ch 4 pt 5B hdg ins 2020 SL No. 236 s 149

ch 4 pt 5B div 1 hdg ins 2020 SL No. 236 s 149

106IMeaning of C1-ITQ year

C1-ITQ year means the period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

Note—

See, however, section 174.

s 106I ins 2020 SL No. 236 s 149

106JReferences to prescribed crab and prescribed crab management region

(1)A reference to prescribed crab in relation to a C1-ITQ unit is a reference to the crab stated for the C1-ITQ unit in schedule 9, part 3.

(2)A reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in schedule 9, part 3.

Note—

The management regions are described in schedule 7, part 1, division 4.

s 106J ins 2020 SL No. 236 s 149

ch 4 pt 5B div 2 hdg ins 2020 SL No. 236 s 149

106KPurpose of division

This division states the quota entitlement for C1-ITQ units.

s 106K ins 2020 SL No. 236 s 149

106LEntitlement under C1-ITQ unit

(1)The holder of, or a person acting under, a C1-ITQ unit may take in the prescribed crab management region in a C1-ITQ year the weight of prescribed crab worked out by dividing the total quota entitlement for the crab for the region for the year by the total number of C1-ITQ units of the same type that have been issued.

(2)The authorisation for a C1-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the C1-ITQ unit for the C1-ITQ year; and

(b)imposes a quota on the entitlement for the year.

(3)However, the entitlement applies only while the holder holds a C1 licence that is in effect.

(4)In this section—

total quota entitlement, for prescribed crab for a prescribed crab management region, for a C1-ITQ year, means the total quota entitlement stated for the crab for the region in the quota declaration for the commercial crab fishery for the C1-ITQ year.

s 106L ins 2020 SL No. 236 s 149

106MWhen C1-ITQ unit entitlement is used for a C1-ITQ year

(1)The entitlement under a C1-ITQ unit is used for a C1-ITQ year—

(a)when the holder of, or a person acting under, the C1-ITQ unit has taken in the C1-ITQ year, under any C1 licence held by the holder, an amount of (whole weight) prescribed crab in the prescribed crab management region equalling the holder’s entitlement under the C1-ITQ unit; or

(b)if section 106N applies.

(2)The unused entitlement under a C1-ITQ unit for a C1-ITQ year is the amount of (whole weight) prescribed crab that has not been taken in the prescribed crab management region, for the C1-ITQ year, under any C1 licence held by the holder of the C1-ITQ unit.

s 106M ins 2020 SL No. 236 s 149

106NNo carrying forward of unused entitlement

(1)This section applies if, in a C1-ITQ year, the holder of, or a person acting under, C1-ITQ units takes an amount of prescribed crab in a prescribed crab management region that is less than the total entitlements under the holder’s C1-ITQ units.

(2)The holder of the C1-ITQ units is taken, at the end of the C1-ITQ year, to have used all the entitlements under the C1-ITQ units held by the holder for the C1-ITQ year.

s 106N ins 2020 SL No. 236 s 149

ch 4 pt 5B div 3 hdg ins 2020 SL No. 236 s 149

106OWeight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed crab taken under C1-ITQ units.

(2)The notice is evidence that the holder of the C1-ITQ units has taken, under the C1-ITQ units, the whole weight equivalent of the amount of prescribed crab stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed crab stated in the notice is the weight, for each prescribed crab of that species the subject of the notice, of an entire intact crab of the species.

s 106O ins 2020 SL No. 236 s 149

ch 4 pt 5C hdg ins 2020 SL No. 236 s 149

ch 4 pt 5C div 1 hdg ins 2020 SL No. 236 s 149

106PMeaning of hand-harvest ITQ year

Hand-harvest ITQ year means—

(a)for R-ITQ units—the period of 9 months starting on 1 January in a year and ending on 30 September in the year; or

(b)for other hand-harvest ITQ units—the period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

Note—

See, however, section 175.

s 106P ins 2020 SL No. 236 s 149

106QMeaning of whole weight of red champagne lobster and tropical rocklobster

(1)The whole weight of red champagne lobster or tropical rocklobster that is in whole form and dead is the weight, in kilograms, of the lobster or rocklobster.

(2)The whole weight of red champagne lobster or tropical rocklobster that is in whole form and alive is the weight worked out using the following formula—

      where—

WW is the whole weight, in kilograms, of the red champagne lobster or tropical rocklobster.

W is the weight, in kilograms, of the live red champagne lobster or tropical rocklobster.

CF is 0.987.

(3)The whole weight of red champagne lobster or tropical rocklobster in the form of tails only is the weight worked out using the following formula—

      where—

WW is the whole weight, in kilograms, of the red champagne lobster or tropical rocklobster.

W is the weight, in kilograms, of the tails of the red champagne lobster or tropical rocklobster.

CF is 2.7.

s 106Q ins 2020 SL No. 236 s 149

106RReferences to prescribed hand-harvest ITQ fish and hand-harvest ITQ licence

(1)A reference to prescribed hand-harvest ITQ fish in relation to a hand-harvest ITQ unit is a reference to the fish stated for the hand-harvest ITQ unit in schedule 9, part 4.

(2)A reference to a hand-harvest ITQ licence in relation to a hand-harvest ITQ unit is a reference to a primary commercial fishing licence for a commercial fishery in which the prescribed hand-harvest ITQ fish may be taken.

s 106R ins 2020 SL No. 236 s 149

ch 4 pt 5C div 2 hdg ins 2020 SL No. 236 s 149

106SPurpose of division

This division states the quota entitlement for hand-harvest ITQ units.

s 106S ins 2020 SL No. 236 s 149

106TEntitlement under hand-harvest ITQ unit

(1)The holder of, or a person acting under, a hand-harvest ITQ unit may take in a hand-harvest ITQ year the weight of prescribed hand-harvest ITQ fish worked out by dividing the total quota entitlement for the fish for the year by the total number of hand-harvest ITQ units of the same type that have been issued.

(2)The authorisation for a hand-harvest ITQ year under subsection (1)—

(a)is the holder’s entitlement under the hand-harvest ITQ unit for the hand-harvest ITQ year; and

(b)imposes a quota on the entitlement for the year.

(3)However, the entitlement applies only while the holder holds a hand-harvest ITQ licence that is in effect.

(4)In this section—

total quota entitlement, for prescribed hand-harvest ITQ fish, for a hand-harvest ITQ year, means the total quota entitlement stated for the fish in the quota declaration for commercial hand-harvest fisheries for the hand-harvest ITQ year.

s 106T ins 2020 SL No. 236 s 149

106UWhen hand-harvest ITQ unit entitlement is used for a hand-harvest ITQ year

(1)The entitlement under a hand-harvest ITQ unit is used for a hand-harvest ITQ year—

(a)when the holder of, or a person acting under, the hand-harvest ITQ unit has taken in the hand-harvest ITQ year, under any hand-harvest ITQ licence held by the holder, an amount of (whole weight) prescribed hand-harvest ITQ fish equalling the holder’s entitlement under the hand-harvest ITQ unit; or

(b)if section 106V applies.

(2)The unused entitlement under a hand-harvest ITQ unit for a hand-harvest ITQ year is the amount of (whole weight) prescribed hand-harvest ITQ fish that has not been taken, for the hand-harvest ITQ year, under any hand-harvest ITQ licence held by the holder of the hand-harvest ITQ unit.

s 106U ins 2020 SL No. 236 s 149

106VNo carrying forward of unused entitlement

(1)This section applies if, in a hand-harvest ITQ year, the holder of, or a person acting under, hand-harvest ITQ units takes an amount of prescribed hand-harvest ITQ fish that is less than the total entitlements under the holder’s hand-harvest ITQ units.

(2)The holder of the hand-harvest ITQ units is taken, at the end of the hand-harvest ITQ year, to have used all the entitlements under the hand-harvest ITQ units held by the holder for the hand-harvest ITQ year.

s 106V ins 2020 SL No. 236 s 149

ch 4 pt 5C div 3 hdg ins 2020 SL No. 236 s 149

106WWeight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed hand-harvest ITQ fish taken under hand-harvest ITQ units.

(2)The notice is evidence that the holder of the hand-harvest ITQ units has taken, under the hand-harvest ITQ units, the whole weight equivalent of the amount of prescribed hand-harvest ITQ fish stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed hand-harvest ITQ fish stated in the notice is—

(a)for red champagne lobster or tropical rocklobster—the amount worked out under section 106Q; or

(b)otherwise—the weight, in kilograms, of the fish.

s 106W ins 2020 SL No. 236 s 149

107Definitions for part

In this part—

quota units means—

(a)effort units for a trawl region; or

(b)SM units; or

(c)line units; or

(d)C2-ITQ units; or

(e)T4-ITQ units; or

(f)ENL-ITQ units; or

(g)C1-ITQ units; or

(h)hand-harvest ITQ units.

s 107 def quota units amd 2020 SL No. 236 ss 11(1), 150(1)–(2)

quota year means—

(a)for effort units for a trawl region—an effort year; or

(b)for SM units—an SM year; or

(c)for line units—a line year; or

(d)for C2-ITQ units—a C2-ITQ year; or

(e)for T4-ITQ units—a T4-ITQ year; or

(f)for ENL-ITQ units—an ENL-ITQ year; or

(g)for C1-ITQ units—a C1-ITQ year; or

(h)for hand-harvest ITQ units—a hand-harvest ITQ year.

s 107 def quota year amd 2020 SL No. 236 ss 11(2), 150(3)–(4)

108Particular notice is evidence of unused entitlement

(1)This section applies if the holder of quota units has obtained a written notice from the chief executive stating the amount of the unused entitlement under the quota units for a stated quota year on a stated date.

(2)The notice is evidence of the amount of the unused entitlement under the quota units for the stated quota year on the stated date.

109Application of division

(1)This division applies to—

(a)a certificate issued by the chief executive under the Act to a person who holds quota units; or

(b)if a certificate mentioned in paragraph (a) has been changed or replaced by the chief executive under the Act—the certificate as changed or the replacement certificate.

(2)A certificate mentioned in subsection (1) for quota units is commonly called—

(a)for effort units for a trawl region—an effort unit certificate; or

(b)for SM units—an SM unit certificate; or

(c)for line units—a line unit certificate; or

(d)for C2-ITQ units—a C2-ITQ unit certificate; or

(e)for T4-ITQ units—a T4-ITQ unit certificate; or

(f)for ENL-ITQ units—an ENL-ITQ unit certificate; or

(g)for C1-ITQ units—a C1-ITQ unit certificate; or

(h)for hand-harvest ITQ units—a hand-harvest ITQ unit certificate.

(3)For this division, each certificate mentioned in subsection (1) for quota units is a quota authority certificate.

s 109 sub 2020 SL No. 236 s 151

110Content of quota authority certificates generally

A quota authority certificate must state each of the following—

(a)the certificate number;

(b)the name of the person who holds the quota units mentioned in the certificate;

(c)the number of quota units held by the person;

(d)if the chief executive has imposed conditions on the quota units—the conditions;

(e)if the chief executive or a court has suspended any of the quota units—

(i)the number of quota units suspended; and

(ii)the period of the suspension.

s 110 amd 2020 SL No. 236 s 152

111Quota authority certificates for more than 1 type of particular quota units

(1)This section applies if a person holds more than 1 type of the following quota units (each a prescribed quota unit)—

(a)line units;

(b)ENL-ITQ units;

(c)C1-ITQ units;

(d)hand-harvest ITQ units.

(2)Only 1 quota authority certificate may be issued to the person for all of the prescribed quota units held by the person.

(3)The quota authority certificate for the prescribed quota units must state, for each type of prescribed quota units for which the certificate is issued—

(a)the fish that may be taken under the units; and

(b)if applicable, the region in which the fish may be taken under the units.

s 111 sub 2020 SL No. 236 s 153

112Evidentiary provision for quota authority certificates

(1)A quota authority certificate is evidence of the following matters stated in the certificate—

(a)the number of quota units held by the holder of the units at the relevant time;

(b)the conditions, if any, imposed on the quota units.

(2)In this section—

relevant time, for a quota authority certificate, means—

(a)when the certificate was issued; or

(b)if the certificate has been changed or replaced—when the certificate was changed or replaced.

113Change of unit PIN

(1)The holder of line units, SM units or T4-ITQ units may, by written notice, ask the chief executive to change the unit PIN for the line units, SM units or T4-ITQ 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.

114Change of fisher PIN

(1)The holder of line units, SM units or T4-ITQ units may, by using the AIVR system, change the fisher PIN for the line units, SM units or T4-ITQ units.

(2)The change of the fisher PIN for the line units, SM units or T4-ITQ units takes effect when the holder is given a transaction number by the AIVR system for the change.

115Purpose of subdivision

This subdivision states, for section 65(1) of the Act, the circumstances in which particular quota authorities may or may not be transferred.

116Only whole quota units may be transferred

A part of a quota unit may not be transferred.

117Eligibility of transferee for quota units

A quota unit may be transferred only to a person, other than the transferor, who holds a primary commercial fishing licence for the commercial fishery in relation to which the quota unit is issued.

s 117 amd 2021 SL No. 29 s 5

sub 2020 SL No. 236 s 154

118Quota authority certificate changes required

(1)This section applies if, under section 65B of the Act, the chief executive registers the transfer of quota 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 quota authority certificates for the quota units transferred;

(b)issuing the transferee a new quota authority certificate for the quota units transferred.

119Entitlement of transferee

(1)The entitlement of the transferee under quota units transferred in a quota year is as follows—

(a)for that part of the quota year after registration of the transfer—the entitlement of the transferor under the quota units immediately before the registration;

(b)for a later quota year—the entitlement the transferor would have had under the quota units at the beginning of the quota year, as if the quota units had not been transferred.

(2)For subsection (1)(a), if part of the entitlement of the transferor under a transferred quota unit has been used, the whole entitlement of the transferee under the transferred quota unit is taken to have been used.

(3)However, the transfer of effort units for a trawl region only includes an entitlement of the transferor to use a boat in the trawl region on a steaming day if the transferor’s former licence to which the effort units for a trawl region related was also transferred to the transferee.

(4)Subsection (4) does not affect the transferee’s entitlement to use a boat in the trawl region on a steaming day under other effort units.

s 119 amd 2020 SL No. 236 s 155

120Issue of fisher PIN for particular transferees

(1)This section applies if—

(a)the chief executive registers the transfer of line units, SM units or T4-ITQ units; and

(b)the transferee did not hold any units of the same type immediately before the transfer.

(2)The chief executive must, immediately after the transfer is registered, issue the transferee a 4-digit identity number (a fisher PIN) for the line units, SM units or T4-ITQ units.

ch 5 hdg prev ch 5 hdg om 2020 SL No. 236 s 12

pres ch 5 hdg ins 2020 SL No. 236 s 156

ch 5 pt 1 hdg ins 2020 SL No. 236 s 156

121Purpose of chapter

This chapter prescribes conditions for the following licences—

(a)a primary commercial fishing licence;

(b)a commercial fisher licence.

s 121 ins 2020 SL No. 236 s 156

122Definitions for chapter

In this chapter—

approved logbook, for a primary commercial fishing licence, means—

(a)an approved logbook (commercial fishing) for the licence; or

(b)an approved logbook (TEP animal interaction) for the licence.

approved logbook (commercial fishing), for a primary commercial fishing licence, means an electronic or paper logbook—

(a)provided by the chief executive to the holder of the licence for recording information under part 3; or

(b)approved by the chief executive under section 123(3)(a) for the licence for recording information under part 3.

approved logbook (TEP animal interaction), for a primary commercial fishing licence, means an electronic or paper logbook—

(a)provided by the chief executive to the holder of the licence for recording information under part 4; or

(b)approved by the chief executive under section 123(3)(a) for the licence for recording information under part 4.

TEP animal means a protected animal within the meaning of section 118 of the Act that is—

(a)designated by the chief executive for the purpose of recording particular information about particular interactions with the animal; and

(b)published on the department’s website.

s 122 ins 2020 SL No. 236 s 156

123Approving logbooks

(1)The holder of a primary commercial fishing licence may apply to the chief executive for approval of a logbook for the licence for recording information under part 3 or 4.

(2)The application must be in the approved form.

(3)The chief executive may—

(a)approve the logbook for the licence; or

(b)refuse to approve the logbook for the licence.

(4)If the chief executive refuses to approve the logbook, the chief executive must give the applicant an information notice about the decision.

s 123 ins 2020 SL No. 236 s 156

ch 5 pt 2 hdg ins 2020 SL No. 236 s 156

124Logbooks must be held before fishing operation starts

(1)The commercial fisher in control of a fishing operation must not start the fishing operation if the commercial fisher does not hold each approved logbook for the primary commercial fishing licence under which fish will be taken in the fishing operation.

(2)For subsection (1), a commercial fisher in control of a fishing operation holds an approved logbook if the commercial fisher—

(a)physically possesses the logbook; or

(b)for an approved logbook that is an electronic logbook—has access to the logbook in a way that allows the commercial fisher to—

(i)make an entry in the logbook; and

(ii)keep the entry in the logbook available for immediate inspection.

s 124 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(1)–(2))

125Exchange of logbooks between holder and commercial fisher in control

(1)This section applies if the holder of a primary commercial fishing licence under which fish will be taken in a fishing operation is not the commercial fisher in control of the fishing operation.

(2)The holder of the licence must give each approved logbook for the licence to the commercial fisher in control of the fishing operation—

(a)before the fishing operation starts; and

(b)in the prescribed way.

(3)The commercial fisher in control of the fishing operation must give each approved logbook for the licence to the holder of the licence—

(a)when the fishing operation ends; and

(b)in the prescribed way.

(4)In this section—

prescribed way, for giving an approved logbook for a primary commercial fishing licence to a person, means—

(a)giving the logbook personally to the person; or

(b)leaving the logbook on a commercial fishing boat to be used or used under the licence to which the person has access and telling the person where the logbook has been left; or

(c)sending the logbook by registered post to the person; or

(d)for an electronic logbook—giving the person access to the logbook in a way that allows the person to—

(i)make an entry in the logbook; and

(ii)keep the entry in the logbook available for immediate inspection.

s 125 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(3))

ch 5 pt 3 hdg ins 2020 SL No. 236 s 156

126Making logbook entries for days of fishing operations

(1)The commercial fisher in control of a fishing operation must make an entry in the approved logbook (commercial fishing) for the primary commercial fishing licence under which the commercial fisher is acting for each day of the fishing operation.

(2)The entry must—

(a)state the following information for each individual species of fish taken in the fishing operation on the day—

(i)the species of the fish;

(ii)the number of individual fish or containers containing fish;

(iii)the estimated weight of the fish;

(iv)the form of the fish; and

(b)include information required in the approved logbook (commercial fishing); and

(c)be accompanied by a declaration by the commercial fisher that the entry is complete and accurate.

(3)The entry must be made—

(a)at the end of the day; or

(b)if the fishing operation ends before the end of the day—before the fishing operation ends.

s 126 ins 2020 SL No. 236 s 156

127Making logbook entries for outside fishing operation days

(1)The holder, or a person authorised by the holder, of a primary commercial fishing licence must make an entry in the approved logbook (commercial fishing) for the licence for each outside fishing operation day for the licence.

(2)The entry must—

(a)state that no fishing operation was conducted under the licence on the day; and

(b)include information required in the approved logbook (commercial fishing); and

(c)be accompanied by a declaration by the person who makes the entry that the entry is complete and accurate.

(3)The entry may relate to 1 day or a continuous period of more than 1 day.

Example for an entry for a continuous period—

No fishing operation was conducted during the period 6 to 12 October 2021.

(4)The entry must be made before the approved logbook (commercial fishing) is given to the chief executive under section 130.

s 127 ins 2020 SL No. 236 s 156

128Logbook entries to be available for inspection

(1)This section applies if fish taken in a fishing operation are in the physical possession of the commercial fisher in control of the fishing operation.

(2)The commercial fisher in control must ensure the following is available for immediate inspection—

(a)if the fishing operation has not ended—the approved logbook (commercial fishing) for the primary commercial fishing licence under which the fish were taken;

(b)if the fishing operation has ended—a copy of the entry relating to the fish from the approved logbook (commercial fishing) for the primary commercial fishing licence under which the fish were taken.

s 128 ins 2020 SL No. 236 s 156

129Logbook entries to be given to chief executive

The commercial fisher in control of a fishing operation must give to the chief executive the original or a copy of each entry for a day of the fishing operation made in the approved logbook (commercial fishing) for the primary commercial fishing licence under which the commercial fisher is acting—

(a)if the approved logbook (commercial fishing) is electronic—within 24 hours after the fishing operation ends; or

(b)if the approved logbook (commercial fishing) is in paper form—within 7 days after the fishing operation ends.

s 129 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(4))

130Logbooks to be given to chief executive

(1)The holder of a primary commercial fishing licence must, for each month, give the part of the approved logbook (commercial fishing) for the licence relating to the month to the chief executive.

(2)The part of the approved logbook (commercial fishing) given under subsection (1) must be received by the chief executive no more than 15 days after the end of the month to which the part relates.

(3)This section does not require the holder to give the chief executive an entry in the part of the approved logbook (commercial fishing) mentioned in subsection (1) if the original of the entry was given to the chief executive under section 129.

s 130 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(5))

ch 5 pt 4 hdg ins 2020 SL No. 236 s 156

131Making logbook entries during fishing operations

(1)The commercial fisher in control of a fishing operation must make an entry in the approved logbook (TEP animal interaction) for the primary commercial fishing licence under which the commercial fisher is acting for each interaction with a TEP animal during the fishing operation.

(2)The entry must—

(a)state the following information for the interaction—

(i)the date of the interaction;

(ii)the species of the TEP animal involved in the interaction;

(iii)the number of TEP animals involved in the interaction;

(iv)the release condition of each TEP animal involved in the interaction;

(v)the location of the interaction;

(vi)if fish were being taken at the time of the interaction—how the fish were being taken; and

(b)include information required in the approved logbook (TEP animal interaction); and

(c)be accompanied by a declaration by the commercial fisher that the entry is complete and accurate.

(3)The entry must be made—

(a)before the end of the day of the interaction with the TEP animal; or

(b)if the fishing operation ends before the end of the day of the interaction with the TEP animal—before the fishing operation ends.

(4)In this section—

interaction, with a TEP animal, means physical contact between a person, boat or fishing apparatus involved in a fishing operation and the animal.

release condition, for a TEP animal, means the condition of the animal after an interaction, including whether the animal is—

(a)dead; or

(b)alive and injured; or

(c)alive and not injured.

s 131 ins 2020 SL No. 236 s 156

132Logbook to be available for inspection

The commercial fisher in control of a fishing operation must ensure the approved logbook (TEP animal interaction) for the primary commercial fishing licence under which the commercial fisher is acting is available for immediate inspection during the fishing operation.

s 132 ins 2020 SL No. 236 s 156

133Logbook entries to be given to chief executive

The commercial fisher in control of a fishing operation must give to the chief executive the original or a copy of each entry for the fishing operation made in the approved logbook (TEP animal interaction) for the primary commercial fishing licence under which the commercial fisher is acting—

(a)if the approved logbook (TEP animal interaction) is electronic—within 24 hours after the fishing operation ends; or

(b)if the approved logbook (TEP animal interaction) is in paper form—within 7 days after the fishing operation ends.

s 133 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(6))

134Logbooks to be given to chief executive

(1)This section applies if 1 or more interactions with a TEP animal mentioned in section 131 happen in a month during a fishing operation conducted under a primary commercial fishing licence.

(2)The holder of the licence must give the part of the approved logbook (TEP animal interaction) for the licence relating to the month to the chief executive.

(3)The part of the approved logbook (TEP animal interaction) given under subsection (2) must be received by the chief executive no more than 15 days after the end of the month to which the part relates.

(4)This section does not require the holder to give the chief executive an entry in the part of the approved logbook (TEP animal interaction) mentioned in subsection (2) if the original of the entry was given to the chief executive under section 133.

s 134 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(7))

ch 6 hdg ins 2020 SL No. 236 s 156

ch 6 pt 1 hdg ins 2020 SL No. 236 s 156

ch 6 pt 1 div 1 hdg ins 2020 SL No. 236 s 156

135Purpose and application of part

(1)This part prescribes conditions for the following licences—

(a)a primary commercial fishing licence;

(b)a commercial fisher licence.

(2)Division 2 prescribes conditions for the commercial fisher licence of the commercial fisher in control of a fishing operation for taking fish under a primary commercial fishing licence.

(3)However, division 2 does not apply to a fishing operation conducted under a primary commercial fishing licence if—

(a)1 or more of the fishery symbols ‘L4’, ‘N3’, ‘N12’ or ‘N13’ is written on the licence; and

(b)the commercial fisher in control of the fishing operation intends to take fish in the fishing operation only under 1 or more of those symbols.

(4)Division 3 prescribes conditions for the primary commercial fishing licence that identifies an authorised boat that is to be used by a commercial fisher to conduct a recreational fishing operation.

s 135 ins 2020 SL No. 236 s 156

136Definitions for part

In this part—

earlier pre-trip notice see section 139(1)(a).

limited pre-trip notice see section 139(2).

pre-trip notice—

(a)for division 2—see section 138(2); or

(b)for division 3—see section 145(2).

pre-trip particulars—

(a)for division 2—see section 138(3); or

(b)for division 3—see section 145(3).

proposed landing place means—

(a)for a fishing operation for taking fish using a boat but not using a seine net—the landing place at which the boat will be landed at the end of the fishing operation; or

(b)for a fishing operation for taking fish using a boat and a seine net—the beach or foreshore at which the boat will be used to carry out fishing; or

(c)for a fishing operation for taking fish without a boat—the landing place at which the fish will be landed at the end of the fishing operation.

recreational fishing operation means a fishing operation to carry out recreational fishing.

s 136 ins 2020 SL No. 236 s 156

137Notices to chief executive

(1)A notice given to the chief executive under this part must be given—

(a)by using the AIVR system; or

(b)in another way approved by the chief executive, including, for example, another communication system.

(2)If a notice is required to be given under this part and a person uses the AIVR system to give the notice, the person does not comply with the requirement until the person receives, in response, a transaction number from the system.

s 137 ins 2020 SL No. 236 s 156

ch 6 pt 1 div 2 hdg ins 2020 SL No. 236 s 156

138Requirement to give pre-trip notice

(1)This section applies if fish are proposed to be taken in a fishing operation under a primary commercial fishing licence.

(2)The commercial fisher in control of the fishing operation must give a notice (a pre-trip notice) to the chief executive before the fishing operation starts.

(3)The pre-trip notice must state each of the following (the pre-trip particulars)—

(a)the licence number of the primary commercial fishing licence;

(b)the licence number of the commercial fisher licence held by the commercial fisher in control of the fishing operation;

(c)that the purpose of the fishing operation is to take fish under the primary commercial fishing licence;

(d)the prescribed numerical code or the latitude and longitude coordinates for the proposed landing place for the fishing operation.

(4)For subsection (3)(d), the proposed landing place must be—

(a)a public place; or

(b)a place, other than a public place, that is used for trade or commerce but is not a residence.

s 138 ins 2020 SL No. 236 s 156

139When limited pre-trip notice may be given

(1)This section applies if—

(a)a pre-trip notice (the earlier pre-trip notice) has previously been given to the chief executive under section 138 in relation to a primary commercial fishing licence; and

(b)the earlier pre-trip notice is the most recently given pre-trip notice in relation to the licence; and

(c)1 or more pre-trip particulars of the fishing operation are the same as the pre-trip particulars stated in the earlier pre-trip notice (the equivalent pre-trip particulars).

(2)The commercial fisher in control may give a notice (a limited pre-trip notice) to the chief executive before the fishing operation starts.

(3)A limited pre-trip notice must state the pre-trip particulars for the fishing operation other than the equivalent pre-trip particulars.

(4)If a limited pre-trip notice is given under this section by the commercial fisher in control of a fishing operation, a pre-trip notice is not required to be given under section 138 for the fishing operation.

s 139 ins 2020 SL No. 236 s 156

140When no pre-trip notice required to be given

(1)The commercial fisher in control of a fishing operation to be conducted under a primary commercial fishing licence is not required to give a pre-trip notice if—

(a)an earlier pre-trip notice was previously given to the chief executive under section 138 in relation to the licence; and

(b)the earlier pre-trip notice is the most recently given pre-trip notice in relation to the licence; and

(c)the pre-trip particulars of the fishing operation have not changed from the pre-trip particulars stated in the earlier pre-trip notice.

(2)Also, the commercial fisher in control of a fishing operation to be conducted under a primary commercial fishing licence is not required to give a pre-trip notice if—

(a)the chief executive was previously given an earlier pre-trip notice in relation to the licence; and

(b)the chief executive was subsequently given a limited pre-trip notice in relation to the licence; and

(c)the earlier pre-trip notice and limited pre-trip notice are the most recently given of those types of notices in relation to the licence; and

(d)the pre-trip particulars of the fishing operation have not changed from the pre-trip particulars for the fishing operation stated in the earlier pre-trip notice and limited pre-trip notice.

Example for subsection (2)—

A pre-trip notice is given for fishing operation 1. One pre-trip particular changes for fishing operation 2, so a limited pre-trip notice for that particular is given. If no changes are made between fishing operation 2 and 3, no notice is required to be given for fishing operation 3.

s 140 ins 2020 SL No. 236 s 156

141New proposed landing place

(1)This section applies if—

(a)a fishing operation has started; and

(b)the commercial fisher in control of the fishing operation decides to change the proposed landing place for the fishing operation.

(2)The commercial fisher in control must give the chief executive a notice (an amending notice) stating the new proposed landing place for the fishing operation.

(3)An amending notice must be given at least 1 hour before—

(a)for a fishing operation for taking fish using a boat but not using a seine net—the boat lands at the new proposed landing place; or

(b)for a fishing operation for taking fish using a boat and a seine net—fishing is carried out at the new proposed landing place; or

(c)for a fishing operation for taking fish without a boat—the fish taken in the fishing operation land at the new proposed landing place.

s 141 ins 2020 SL No. 236 s 156

142Where boat used without seine net must be landed

(1)This section applies if an authorised boat for a primary commercial fishing licence but no seine net is used to take fish in a fishing operation.

(2)The commercial fisher in control of the fishing operation must ensure the boat lands at the following place—

(a)if an amending notice is given under section 141 for the fishing operation—the new proposed landing place stated in the amending notice;

(b)otherwise—the proposed landing place for the fishing operation stated in a pre-trip notice given for the fishing operation.

(3)If more than 1 authorised boat is used to take fish in the fishing operation, the commercial fisher in control must ensure all of the boats are landed together and in compliance with subsection (2).

(4)This section does not apply if, because of a medical emergency or extreme weather event, the authorised boat was required to land at another landing place.

Note—

See section 161 for the requirement to give the chief executive an emergency notice.

s 142 ins 2020 SL No. 236 s 156

143Where boat used with seine net must be used to carry out fishing

(1)This section applies if an authorised boat for a primary commercial fishing licence and a seine net are used to take fish in a fishing operation.

(2)The commercial fisher in control of the fishing operation must ensure the boat is used to carry out fishing only at the following place—

(a)if an amending notice is given under section 141 for the fishing operation—the new proposed landing place stated in the amending notice;

(b)otherwise—the proposed landing place for the fishing operation stated in a pre-trip notice given for the fishing operation.

(3)If more than 1 authorised boat is used to take fish in the fishing operation, the commercial fisher in control must ensure all of the boats are used to carry out fishing together and in compliance with subsection (2).

s 143 ins 2020 SL No. 236 s 156

144Where fish taken without using a boat must be landed

(1)This section applies if no boat is used to take fish in a fishing operation conducted under a primary commercial fishing licence.

(2)The commercial fisher in control of the fishing operation must ensure the fish are landed at the following place—

(a)if an amending notice is given under section 141 for the fishing operation—the new proposed landing place stated in the amending notice;

(b)otherwise—the proposed landing place for the fishing operation stated in a pre-trip notice given for the fishing operation.

(3)Subsection (2) does not apply if, because of a medical emergency or extreme weather event, the fish were required to be landed at another landing place.

Note—

See section 161 for the requirement to give the chief executive an emergency notice.

s 144 ins 2020 SL No. 236 s 156

ch 6 pt 1 div 3 hdg ins 2020 SL No. 236 s 156

145Requirement to give pre-trip notice

(1)This section applies if an authorised boat for a primary commercial fishing licence is proposed to be used, by a commercial fisher, to conduct a charter fishing trip or recreational fishing operation.

(2)The commercial fisher must give a notice (a pre-trip notice) to the chief executive before the charter fishing trip or recreational fishing operation starts.

(3)The pre-trip notice must state each of the following (the pre-trip particulars)—

(a)the licence number of the primary commercial fishing licence;

(b)the licence number of the commercial fisher licence held by the commercial fisher;

(c)whether the authorised boat is to be used to conduct—

(i)a charter fishing trip; or

(ii)a recreational fishing operation.

s 145 ins 2020 SL No. 236 s 156

146When no pre-trip notice required to be given

A person is not required to give a pre-trip notice under section 145 for the use of an authorised boat for a primary commercial fishing licence if—

(a)a pre-trip notice (the earlier pre-trip notice) was previously given to the chief executive under section 145 for the use of the boat; and

(b)the earlier notice is the most recently given pre-trip notice for the use of the boat; and

(c)the pre-trip particulars for the use of the boat have not changed from the pre-trip particulars stated in the earlier pre-trip notice.

s 146 ins 2020 SL No. 236 s 156

ch 6 pt 2 hdg ins 2020 SL No. 236 s 156

ch 6 pt 2 div 1 hdg ins 2020 SL No. 236 s 156

147Purpose of part

This part prescribes conditions for a commercial fisher licence.

s 147 ins 2020 SL No. 236 s 156

148Notices to chief executive

(1)A notice given to the chief executive under this part must be given—

(a)by using the AIVR system; or

(b)in another way approved by the chief executive, including, for example, another communication system.

(2)If a notice is required to be given under this part and a person uses the AIVR system to give the notice, the person does not comply with the requirement until the person receives, in response, a transaction number from the system.

s 148 ins 2020 SL No. 236 s 156

149Particulars to be stated in notices

A notice given under this part must—

(a)state the numerical part of the licence number of the primary commercial fishing licence under which the fish the subject of the notice were taken; and

(b)if the person giving the notice is prompted, by the way used to give the notice, to state particular information—state that information.

s 149 ins 2020 SL No. 236 s 156

ch 6 pt 2 div 2 hdg ins 2020 SL No. 236 s 156

150Application of division

This division applies in relation to—

(a)fish taken under a primary commercial fishing licence in a commercial fishery for which a total quota entitlement is stated in the Fisheries Quota Declaration 2019, other than the east coast trawl fishery; or

(b)a fish that is a regulated fish in relation to a prescribed commercial catch under the Fisheries Declaration 2019.

s 150 ins 2020 SL No. 236 s 156

151Requirement to give prior notice—boat to be landed

(1)This section applies if—

(a)fish are on an authorised boat for a primary commercial fishing licence; and

(b)it is proposed to land the boat; and

(c)the fish are not proposed to be transferred, at sea, to a transport vessel.

(2)The commercial fisher in control of the fishing operation in which the fish were taken must give a notice (a prior notice) to the chief executive—

(a)if the fish are a species to which a regulated period applies under the Fisheries Declaration 2019 and the period has not started—before the period starts; or

(b)otherwise—before the authorised boat lands.

s 151 ins 2020 SL No. 236 s 156

152Requirement to give prior notice—fish loaded onto vehicle

(1)This section applies if—

(a)either—

(i)fish are taken in a commercial fishery mentioned in schedule 4, part 1; or

(ii)fish are taken under a fishery symbol without using a boat; and

(b)the fish are loaded onto a vehicle.

(2)The commercial fisher in control of the fishing operation in which the fish were taken must give a notice (a prior notice) to the chief executive before the vehicle onto which the fish are loaded leaves the place at which the fish are loaded.

s 152 ins 2020 SL No. 236 s 156

153No prior notice required to be given in emergency

A prior notice is not required to be given under this division if, because of a medical emergency or extreme weather event, before a prior notice could be given—

(a)the authorised boat was landed; or

(b)the vehicle onto which the fish are loaded leaves the place at which the fish are loaded.

Note—

See section 161 for the requirement to give the chief executive an emergency notice.

s 153 ins 2020 SL No. 236 s 156

ch 6 pt 2 div 3 hdg ins 2020 SL No. 236 s 156

154Requirement to give transhipment notice and label fish

(1)This section applies if—

(a)any of the following fish are proposed to be transferred, at sea, to a transport vessel—

(i)fish taken under a D, R, RQ, SM or T1 licence;

(ii)hammerhead sharks taken under an L4, N3, N12 or N13 licence;

(iii)black jewfish taken under an N3, N12 or N13 licence; and

(b)the fish are proposed to be unloaded from, or using, the transport vessel to which the fish are to be transferred.

Note—

See section 15B for a restriction about the transhipment of fish to a transport vessel.

(2)The commercial fisher in control of the fishing operation in which the fish were taken must—

(a)give a notice (a transhipment notice) to the chief executive before the fish are transferred to the transport vessel; and

(b)label the fish in a way that identifies the numerical part of the licence number of the primary commercial fishing licence under which the fish were taken.

s 154 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(8))

155Requirement to keep transferred fish separate

(1)This section applies if fish taken under a D, L4, N3, N12, N13 or R licence are transferred to a primary boat being used under another D, L4, N3, N12, N13 or R licence.

(2)The commercial fisher in control of the fishing operation in which the primary boat is being used must ensure the fish, while on board the boat—

(a)are kept separate from other fish on board the boat; and

(b)remain labelled in the way the fish were labelled under section 154(2)(b).

s 155 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(9))

ch 6 pt 2 div 4 hdg ins 2020 SL No. 236 s 156

156Retained fish notice

(1)This section applies in relation to fish taken under an RQ, R, B1, SM or T4 licence that are on an authorised boat for the licence that has landed.

Note—

See section 15A for a restriction about keeping fish on a boat that has landed when the boat leaves the landing place for a new fishing operation.

(2)The commercial fisher in control of the fishing operation in which the fish were taken must not allow the authorised boat to leave the boat’s landing place to start a new fishing operation with any of the fish, unless the commercial fisher has given the chief executive a notice (a retained fish notice).

(3)The commercial fisher in control must give the retained fish notice before the earlier of the following—

(a)24 hours after the fishing operation ends;

(b)the start of the next fishing operation.

(4)Also, the commercial fisher in control must ensure the fish that are to be retained remain on the authorised boat.

s 156 ins 2020 SL No. 236 s 156

ch 6 pt 2 div 5 hdg ins 2020 SL No. 236 s 156

157Application of division

This division applies in relation to—

(a)fish taken under a primary commercial fishing licence in a commercial fishery for which a total quota entitlement is stated in the Fisheries Quota Declaration 2019, other than the east coast trawl fishery; or

(b)a fish that is a regulated fish in relation to a prescribed commercial catch under the Fisheries Declaration 2019.

s 157 ins 2020 SL No. 236 s 156

158Unloading fish from authorised boats

(1)This section applies if fish are on an authorised boat for a primary commercial fishing licence.

(2)The commercial fisher in control of the fishing operation in which the fish were taken must not unload the fish, or allow the fish to be unloaded, unless—

(a)the commercial fisher has given a prior notice about the fish to the chief executive under division 2; or

(b)the commercial fisher has given a transhipment notice to the chief executive under section 154; or

(c)the commercial fisher has given an emergency notice to the chief executive under section 161.

(3)Also, the commercial fisher in control may unload the fish, or allow the fish to be unloaded, only if the fish are unloaded at a place that is open for entry under the Act.

s 158 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(10)–(11))

159Weighing fish

(1)This section applies if—

(a)an authorised boat for a primary commercial fishing licence used to take fish lands; or

(b)fish taken without using a boat are loaded onto a vehicle.

(2)The commercial fisher in control of the fishing operation in which the fish were taken must weigh the fish, or allow the fish to be weighed, at a place that is open for entry under the Act.

(3)The fish must be weighed in the form in which the fish were in—

(a)when the authorised boat landed; or

(b)when the fish were loaded onto the vehicle.

(4)The fish must be weighed—

(a)for fish taken under the fishery symbol ‘B1’ using an authorised boat—within 7 days after the fishing operation ends; or

(b)for fish taken in a commercial fishery mentioned in schedule 4, part 1, or under the fishery symbol ‘T4’, using an authorised boat—before the fish leave the possession of the commercial fisher in control, but no later than 24 hours after the fishing operation ends; or

(c)for fish taken under the fishery symbol ‘R’ or ‘D’ using an authorised boat—before the commercial fisher in control leaves the place where the boat is landed; or

(d)for other fish taken using an authorised boat—before the fish leave the physical possession of the commercial fisher in control, but no later than 24 hours after the fishing operation ends; or

(e)for fish taken without using a boat—before the fish leave the possession of the commercial fisher in control, but no later than 24 hours after the fishing operation ends.

(5)The weight of the fish must be worked out using a scale that is verified or certified under the National Measurement Act 1960 (Cwlth).

(6)The weight of the fish must be given to the chief executive in a notice (a weight notice).

(7)The weight notice must be given—

(a)immediately after the fish have been weighed; and

(b)before the fish leave the possession of the commercial fisher in control of the fishing operation in which the fish were taken.

s 159 ins 2020 SL No. 236 s 156

160Taking fish after leaving landing place

(1)This section applies if—

(a)a fishing operation conducted under a primary commercial fishing licence ends (the first fishing operation); and

(b)a new fishing operation conducted under the licence starts (the second fishing operation).

(2)The commercial fisher in control of the second fishing operation must ensure fish are not taken under the primary commercial fishing licence unless a weight notice has been given for any fish taken in the first fishing operation.

(3)Also, if fish taken in the first fishing operation were taken using an authorised boat for the primary commercial fishing licence, the commercial fisher in control of the second fishing operation must ensure fish are not taken under the licence unless all the fish taken in the first fishing operation have been unloaded from the boat.

(4)Subsection (3) does not apply in relation to fish for which the commercial fisher in control of the first fishing operation has given the chief executive a retained fish notice under section 156.

s 160 ins 2020 SL No. 236 s 156

ch 6 pt 2 div 6 hdg ins 2020 SL No. 236 s 156

161Emergency notice

(1)This section applies if, because of a medical emergency or extreme weather event—

(a)an authorised boat for a primary commercial fishing licence landed other than at the place where a commercial fisher in control of a fishing operation was required to ensure the boat landed under section 142; or

(b)fish taken under a primary commercial fishing licence were landed at a place other than the place where a commercial fisher in control of a fishing operation was required to ensure the fish landed under section 144; or

(c)the commercial fisher in control of a fishing operation did not give a prior notice under division 2.

(2)The commercial fisher in control of the fishing operation must give a notice about the medical emergency or extreme weather event (an emergency notice) to the chief executive.

(3)The emergency notice must be given as soon as practicable, but before the start of the next fishing operation under the primary commercial fishing licence.

s 161 ins 2020 SL No. 236 s 156

ch 6 pt 2 div 7 hdg ins 2020 SL No. 236 s 156

162Application of division

This division applies in relation to—

(a)fish, other than coral, taken under a primary commercial fishing licence in a commercial fishery for which a total quota entitlement is stated in the Fisheries Quota Declaration 2019; or

(b)a fish that is a regulated fish in relation to a prescribed commercial catch under the Fisheries Declaration 2019; or

(c)fish taken by a trawl net other than fish taken under a T5, T6, T7, T8 or T9 licence.

s 162 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(12))

162A Approving record books

(1)The holder of a primary commercial fishing licence may apply to the chief executive for approval of a record book for the licence for making a record under this division.

(2)The application must be in the approved form.

(3)The chief executive may—

(a)approve the record book for the licence; or

(b)refuse to approve the record book for the licence.

(4)If the chief executive refuses to approve the record book, the chief executive must give the applicant an information notice about the decision.

s 162A ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(13))

163Requirement to make catch disposal record

(1)The commercial fisher in control of a fishing operation in which fish are taken must make a record (a catch disposal record) in the approved catch disposal record book.

(2)The catch disposal record must—

(a)be made before the earliest of the following—

(i)the day that is 7 days after the end of the fishing operation;

(ii)the start of the next fishing operation;

(iii)for fish that are disposed of—when the fish are disposed of; and

Examples of ways fish are disposed of—

sale by wholesale, sale by retail, throwing away spoilt fish, personal consumption

(b)state—

(i)the number of individual fish or containers containing fish; and

(ii)the weight of the fish; and

(iii)the form of the fish; and

(iv)the species of the fish; and

(v)whether the fish have been disposed of or kept by a relevant person; and

(vi)if some or all of the fish were disposed of—details of the fish that were disposed of and how the fish were disposed of; and

(vii)if some or all of the fish were kept by a relevant person—details of the fish that were kept; and

(c)include information required in the approved catch disposal record book for the primary commercial fishing licence under which the fish are taken; and

(d)be accompanied by a declaration by the commercial fisher that the record is complete and accurate.

(3)If the fish are consigned or transhipped, a copy of the catch disposal record must accompany the fish.

(4)In this section—

approved catch disposal record book, for a primary commercial fishing licence, means an electronic or paper record book—

(a)in the approved form for making a record under this division; or

(b)approved by the chief executive under section 162A(3)(a) for the licence.

relevant person means—

(a)the commercial fisher in control of the fishing operation; or

(b)another person who was fishing in the fishing operation; or

(c)the holder of the primary commercial fishing licence under which the fish were taken.

s 163 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(14)–(16))

164Catch disposal record available for inspection

A commercial fisher who makes a catch disposal record must ensure the record, or a copy of the record, is available for immediate inspection while the fish the subject of the record are in the physical possession of the commercial fisher or an assistant fisher who is under direction of the commercial fisher.

s 164 ins 2020 SL No. 236 s 156 (amd 2021 SL No. 29 s 29(17))

165Requirement to give catch disposal record

(1)A commercial fisher who makes a catch disposal record must give the record to the chief executive—

(a)if the record is made electronically—within 24 hours after the record is made; or

(b)if the record is made in paper form—within 7 days after the record is made.

(2)The catch disposal record must be received by the chief executive no more than 15 days after the end of the month in which the record is made.

s 165 ins 2020 SL No. 236 s 156

Note—

This chapter, and former sections 121 and 122, were renumbered by the Fisheries Legislation Amendment Regulation 2020.

ch 7 hdg ins 2020 SL No. 236 s 12

ch 7 note ins 2020 SL No. 236 s 12

ch 7 pt 1 hdg ins 2020 SL No. 236 s 12

166Nominees under particular authorities continue

(1)This section applies if—

(a)the holder of a licence gave the chief executive a notice nominating a person to act under the licence under the expired Fisheries Regulation 2008; and

(b)the notice is still in effect.

(2)The notice is taken to have been given to the chief executive under this regulation.

s 166 (prev s 121) renum 2020 SL No. 236 s 13

167C2-ITQ year before 1 July 2021

The C2-ITQ years leading up to 1 July 2021 are as follows—

(a)1 June 2019 to 31 May 2020;

(b)1 June 2020 to 30 June 2021.

Note—

ITQ units were renamed as C2-ITQ units by the Fisheries Legislation Amendment Regulation 2020. See also the Fisheries (General) Regulation 2019, section 153.

s 167 (prev s 122) amd 2020 SL No. 236 s 14 (1)–(2)

renum 2020 SL No. 236 s 14 (3)

ch 7 pt 2 hdg ins 2020 SL No. 236 s 15

ch 7 pt 2 div 1 hdg ins 2020 SL No. 236 s 15

168Existing primary boats for commercial fishing boat licences

(1)This section applies in relation to a commercial fishing boat licence for a commercial fishery, in effect immediately before the commencement, if the primary boat for the licence is longer than the maximum length permitted to be used in the fishery under section 42(4).

(2)Section 42(4) does not apply to the use of the primary boat under the licence in the commercial fishery until the primary boat identified in the licence is modified or replaced.

s 168 ins 2020 SL No. 236 s 15

169Bigeyes that are recognised BRDs

(1)This section applies in relation to trawling in a fishing operation that started before, but has not ended, on the commencement.

(2)During trawling in the fishing operation—

(a)schedule 2, section 153(4), as in force immediately before the commencement, continues to apply in relation to an opening, commonly known as a bigeye, on an otter trawl net used to trawl for prawns; and

(b)schedule 2, section 161(4), as in force immediately before the commencement, continues to apply in relation to an opening, commonly known as a bigeye, on a beam trawl net.

s 169 ins 2020 SL No. 236 s 15

170Requirement to check crab apparatus

(1)This section applies to a requirement to check crab apparatus under schedule 7, section 12A if the crab apparatus was set before the commencement.

(2)The requirement applies in relation to the crab apparatus as if the apparatus was set on the commencement.

s 170 ins 2020 SL No. 236 s 15

ch 7 pt 2 div 2 hdg ins 2020 SL No. 236 s 94

171Existing primary boats for primary commercial fishing licences

(1)This section applies in relation to a primary commercial fishing licence for a commercial fishery, in effect immediately before the commencement, if the primary boat for the licence is longer than the maximum length permitted to be used in the fishery under section 36.

(2)Section 36 does not apply to the use of the primary boat under the licence in the commercial fishery until the primary boat identified in the licence is modified or replaced.

Note—

Under the Fisheries (General) Regulation 2019, sections 154 and 155, commercial fishing boat licences and commercial harvest fishery licences in effect on the commencement are taken to be primary commercial fishing licences.

s 171 ins 2020 SL No. 236 s 94

ch 7 pt 2 div 3 hdg ins 2020 SL No. 236 s 157

172Entitlement under effort units for 2021 effort year

For the effort year from midday on 1 January 2021 to midday on 1 January 2022, the entitlement of the holder of effort units is the entitlement worked out by—

(a)adding the entitlement under the holder’s effort units immediately before the commencement and the entitlement under the holder’s effort units on the commencement; and

(b)dividing that number by 2.

s 172 ins 2020 SL No. 236 s 157

172AEffort unit conversion factor for particular boats identified in T1 or T2 licence on commencement

(1)This section applies in relation to a boat that on the commencement—

(a)is identified in a T1 or T2 licence; and

(b)has 70 or more hull units.

(2)Despite schedule 10, the effort unit conversion factor for the boat is 62.

(3)This section applies in relation to the boat until the boat is no longer identified in the T1 or T2 licence.

s 172A ins 2020 SL No. 236 s 157 (amd 2021 SL No. 29 s 30)

173First ENL-ITQ year

(1)The first ENL-ITQ year is the period starting on 1 September 2021 and ending on 31 December 2021.

(2)The entitlement under an ENL-ITQ unit under section 106E applies to the period mentioned in subsection (1).

s 173 ins 2020 SL No. 236 s 157

174First C1-ITQ year

(1)The first C1-ITQ year is the period starting on 1 September 2021 and ending on 30 June 2022.

(2)The entitlement under a C1-ITQ unit under section 106L applies to the period mentioned in subsection (1).

s 174 ins 2020 SL No. 236 s 157

175First hand-harvest ITQ year for R-ITQ units

(1)The first hand-harvest ITQ year for R-ITQ units is the period starting on 1 January 2021 and ending on 30 September 2021.

(2)The entitlement under an R-ITQ unit under section 106T applies to the period mentioned in subsection (1).

(3)Any red champagne lobster or tropical rocklobster taken in the commercial crayfish and rocklobster fishery under the primary commercial fishing licence held by the holder of R-ITQ units between 1 January 2021 and the commencement is taken to have been taken under the holder’s R-ITQ units.

s 175 ins 2020 SL No. 236 s 157

176First hand-harvest ITQ year for hand-harvest ITQ units other than R-ITQ units

(1)This section applies in relation to hand-harvest ITQ units other than R-ITQ units.

(2)The first hand-harvest ITQ year for hand-harvest ITQ units is the period starting on 1 July 2021 and ending on 30 June 2022.

(3)The entitlement under a hand-harvest ITQ unit under section 106T applies to the period mentioned in subsection (2).

(4)Any prescribed hand-harvest ITQ fish taken in a hand-harvest fishery under the primary commercial fishing licence held by the holder of hand-harvest ITQ units between 1 July 2021 and the commencement is taken to have been taken under the holder’s hand-harvest ITQ units.

s 176 ins 2020 SL No. 236 s 157

177Logbooks

(1)Chapter 5 applies only in relation to a fishing operation that starts after the commencement.

(2)Any requirement about logbooks (however called) applying to a licence under the Act immediately before the commencement continues to apply—

(a)in relation to a fishing operation conducted under the licence that started before the commencement; and

(b)whether or not the fishing operation has ended on the commencement.

(3)An approved form under the Fisheries (General) Regulation 2019, chapter 5, part 2 or 3, as in force before the commencement, held by the holder of a primary commercial fishing licence immediately before the commencement is taken to be, for chapter 5—

(a)if the approved form is for recording information about taking fish during fishing operations—an approved logbook (commercial fishing) for the licence; or

(b)if the approved form is for recording information about interactions with particular animals during fishing operations—an approved logbook (TEP animal interaction) for the licence.

Note—

See also the Fisheries (General) Regulation 2019, sections 161 and 162.

s 177 ins 2020 SL No. 236 s 157

178Reporting requirements

(1)Chapter 6 applies in relation to a fishing operation, and fish taken in a fishing operation, that starts after the commencement.

(2)The relevant provisions continue to apply—

(a)in relation to a fishing operation, and fish taken in a fishing operation, started before the commencement; and

(b)whether or not the fishing operation has ended on the commencement.

(3)In this section—

relevant provisions means the following provisions as in force immediately before the commencement—

(a)for a fishing operation for taking fish under the fishery symbol ‘SM’—schedule 5, parts 4 and 5;

(b)for a fishing operation for taking fish under the fishery symbol ‘RQ’—schedule 6, part 5;

(c)for a fishing operation for taking fish under the fishery symbol ‘T4’—schedule 8, part 3, division 3.

s 178 ins 2020 SL No. 236 s 157

179Requirements to check fishing apparatus

(1)This section applies to a requirement to check fishing apparatus under either of the following provisions if the fishing apparatus was set before the commencement—

(a)schedule 7A, section 48;

(b)schedule 7A, section 97.

(2)The requirement applies in relation to the fishing apparatus as if the apparatus was set on the commencement.

s 179 ins 2020 SL No. 236 s 157