This regulation may be cited as the Fisheries (Commercial Fisheries) Regulation 2019.
This regulation commences on 1 September 2019.
(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.See, for example—1sections 14 and 15 of that regulation for the interpretation of references to periods and times; and2section 15A of that regulation for the interpretation of references relating to fishing operations; and3schedule 7 of that regulation for the interpretation of references to, or relating to, fish; and4schedule 8 of that regulation for the interpretation of references to, or relating to, waters or areas; and5schedule 9 of that regulation for the interpretation of references to, or relating to, boats; and6schedule 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
(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
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
(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.
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.
(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.•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.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’.(4)Further, subsection (1) does not apply to a person taking fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N10’, ‘N15’ or ‘NX’ at the same time.(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; 2023 SL No. 194 s 4
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.The fishery symbol ‘N10’ is written on a licence authorising use of a tunnel net in the net fishery (east coast no. 4) and use of a general purpose net in the net fishery (east coast no. 15). 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; 2023 SL No. 194 s 5
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)
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).
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.
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.
(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.
(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.•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
(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.(6)The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence.s 32 sub 2020 SL No. 236 s 89
(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
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
Division 3 Additional conditions about boat modification and replacement for east coast trawl fishery
ch 3 pt 1 div 3 hdg ins 2020 SL No. 236 s 89
ch 3 pt 1 div 3 sdiv 1 hdg ins 2020 SL No. 236 s 89
(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 sdiv 2 hdg ins 2020 SL No. 236 s 89
(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
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
s 50 om 2020 SL No. 236 s 89
s 51 om 2020 SL No. 236 s 89
s 52 om 2020 SL No. 236 s 89
ch 3 pt 3 hdg om 2020 SL No. 236 s 89
ch 3 pt 3 div 1 hdg om 2020 SL No. 236 s 89
ch 3 pt 3 div 2 hdg om 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.Under the Fisheries (General) Regulation 2019, section 34, E licences are not transferable.(3)Subsection (1) does not apply to the fishery symbol ‘N15’ until 1 July 2024.(4)Also, subsection (1) does not apply to the fishery symbol ‘NX’.The ‘NX’ symbol stops having effect on 30 June 2027 at the end of the day—see section 180.s 54 sub 2020 SL No. 236 s 90
amd 2023 SL No. 194 s 7
s 55 om 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.
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
(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
s 64 om 2020 SL No. 236 s 93
s 65 om 2020 SL No. 236 s 93
Effort year means the period from midday on 1 January to midday on 1 January in the next year.
(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
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.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.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
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.
This division states the quota entitlement for SM units.
(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
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
This division states the quota entitlement for line units.
(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
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.See, however, section 167.s 97 sub 2020 SL No. 236 s 10
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
T4-ITQ year means the period from 1 January to 31 December.
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.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
ENL-ITQ year means the period of 1 year starting on 1 January in a year and ending on 31 December in the year.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.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
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
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.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.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
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.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
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
ch 4 pt 5D hdg ins 2023 SL No. 44 s 6
ch 4 pt 5D div 1 hdg ins 2023 SL No. 44 s 6
106X Meaning of select coral ITQ year
Select coral ITQ year means the period of 1 year starting on 1 July in a year and ending on 30 June in the next year.s 106X ins 2023 SL No. 44 s 6
106Y References to prescribed select coral and hand-harvest ITQ licence
(1)A reference to prescribed select coral in relation to a select coral ITQ unit is a reference to the fish of the species of select coral stated for the select coral ITQ unit in schedule 9, part 5.(2)A reference to a hand-harvest ITQ licence in relation to a select coral ITQ unit is a reference to a primary commercial fishing licence for a commercial fishery in which the prescribed select coral may be taken.s 106Y ins 2023 SL No. 44 s 6
ch 4 pt 5D div 2 hdg ins 2023 SL No. 44 s 6
This division states the quota entitlement for select coral ITQ units.s 106Z ins 2023 SL No. 44 s 6
106ZA Entitlement under select coral ITQ unit
(1)The holder of, or a person acting under, a select coral ITQ unit may take in a select coral ITQ year the weight of prescribed select coral worked out by dividing the total quota entitlement for the fish for the year by the total number of select coral ITQ units of the same type that have been issued.(2)The authorisation for a select coral ITQ year under subsection (1)—(a)is the holder’s entitlement under the select coral ITQ unit for the select coral 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 for taking prescribed select coral that is in effect.(4)In this section—total quota entitlement, for prescribed select coral, for a select coral ITQ year, means the total quota entitlement stated for the fish in the quota declaration for commercial hand-harvest fisheries for the select coral ITQ year.s 106ZA ins 2023 SL No. 44 s 6
106ZB When select coral ITQ unit entitlement is used for a select coral ITQ year
(1)The entitlement under a select coral ITQ unit is used for a select coral ITQ year—(a)when the holder of, or a person acting under, the select coral ITQ unit has taken in the select coral ITQ year, under any hand-harvest ITQ licence held by the holder, an amount of (whole weight) prescribed select coral equalling the holder’s entitlement under the select coral ITQ unit; or(b)if section 106ZC applies.(2)The unused entitlement under a select coral ITQ unit for a select coral ITQ year is the amount of (whole weight) prescribed select coral that has not been taken, for the select coral ITQ year, under any hand-harvest ITQ licence held by the holder of the select coral ITQ unit.s 106ZB ins 2023 SL No. 44 s 6
106ZC No carrying forward of unused entitlement
(1)This section applies if, in a select coral ITQ year, the holder of, or a person acting under, select coral ITQ units takes an amount of prescribed select coral that is less than the total entitlements under the holder’s select coral ITQ units.(2)The holder of the select coral ITQ units is taken, at the end of the select coral ITQ year, to have used all the entitlements under the select coral ITQ units held by the holder for the select coral ITQ year.s 106ZC ins 2023 SL No. 44 s 6
ch 4 pt 5D div 3 hdg ins 2023 SL No. 44 s 6
106ZD 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 prescribed select coral taken under select coral ITQ units.(2)The notice is evidence that the holder of the select coral ITQ units has taken, under the select coral ITQ units, the whole weight equivalent of the amount of prescribed select coral stated in the notice.(3)For subsection (2), the whole weight equivalent of the amount of prescribed select coral stated in the notice is the weight, in kilograms, of the fish.s 106ZD ins 2023 SL No. 44 s 6
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; or(i)select coral ITQ units.s 107 def quota units amd 2020 SL No. 236 ss 11(1), 150(1)–(2); 2023 SL No. 44 s 7(1)
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; or(i)for select coral ITQ units—a select coral ITQ year.s 107 def quota year amd 2020 SL No. 236 ss 11(2), 150(3)–(4); 2023 SL No. 44 s 7(2)
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.
(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; or(i)for select coral ITQ units—a select coral ITQ 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
amd 2023 SL No. 44 s 8
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;(e)select coral 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
amd 2023 SL No. 44 s 9
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.
(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.
(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.
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.
(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
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
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
(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
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
(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.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
(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.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.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
This part prescribes conditions for a commercial fisher licence.s 147 ins 2020 SL No. 236 s 156
(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
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.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)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.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))
amd 2023 SL No. 194 s 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
(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.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
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))
(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
(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
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))
(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; andExamples 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
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.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)
Part 2 Provisions for Fisheries Legislation Amendment Regulation 2020
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.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)
(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
(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
(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.See also the Fisheries (General) Regulation 2019, sections 161 and 162.s 177 ins 2020 SL No. 236 s 157
(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
Part 3 Transitional provision for Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023
ch 7 pt 3 hdg ins 2023 SL No. 194 s 9
(1)The net fishery (NX) ends on 30 June 2027 at the end of the day.(2)From 1 July 2027—(a)any provision of this regulation providing for NX fish to be taken in the net fishery (no. NX) is of no effect; and(b)any reference to the fishery symbol ‘NX’ on a primary commercial fishing boat licence or any other document is of no effect.s 180 ins 2023 SL No. 194 s 9
sch 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 1 div 1 hdg om 2020 SL No. 236 s 158
sch 1 s 1 om 2020 SL No. 236 s 158
sch 1 s 2 om 2020 SL No. 236 s 158
sch 1 s 3 om 2020 SL No. 236 s 158
sch 1 pt 1 div 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 1 div 2 sdiv 1 hdg om 2020 SL No. 236 s 158
sch 1 s 4 om 2020 SL No. 236 s 158
sch 1 s 5 om 2020 SL No. 236 s 158
sch 1 s 6 om 2020 SL No. 236 s 158
sch 1 s 7 om 2020 SL No. 236 s 158
sch 1 s 8 om 2020 SL No. 236 s 158
sch 1 s 9 om 2020 SL No. 236 s 158
sch 1 s 10 om 2020 SL No. 236 s 158
sch 1 s 11 om 2020 SL No. 236 s 158
sch 1 s 12 om 2020 SL No. 236 s 158
sch 1 pt 1 div 2 sdiv 2 hdg om 2020 SL No. 236 s 158
sch 1 s 13 om 2020 SL No. 236 s 158
sch 1 s 14 om 2020 SL No. 236 s 158
sch 1 s 15 om 2020 SL No. 236 s 158
sch 1 pt 1 div 2 sdiv 3 hdg om 2020 SL No. 236 s 158
sch 1 s 16 om 2020 SL No. 236 s 158
sch 1 s 17 om 2020 SL No. 236 s 158
sch 1 pt 1 div 3 hdg om 2020 SL No. 236 s 158
sch 1 s 18 om 2020 SL No. 236 s 158
sch 1 s 19 om 2020 SL No. 236 s 158
sch 1 s 20 om 2020 SL No. 236 s 158
sch 1 pt 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 2 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 2 div 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 2 div 3 hdg sub 2021 SL No. 29 s 6 (1)
sch 1 s 21 om 2020 SL No. 236 s 158
sch 1 s 22 om 2020 SL No. 236 s 158
sch 1 s 23 om 2020 SL No. 236 s 158
sch 1 s 24 om 2020 SL No. 236 s 158
sch 1 s 25 om 2020 SL No. 236 s 158
sch 1 s 26 om 2020 SL No. 236 s 158
sch 1 s 27 om 2020 SL No. 236 s 158
sch 1 s 28 om 2020 SL No. 236 s 158
sch 1 s 29 sub 2021 SL No. 29 s 6 (1)
sch 1 s 30 sub 2021 SL No. 29 s 6 (1)
sch 1 pt 3 hdg om 2020 SL No. 236 s 158
sch 1 pt 3 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 3 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 31 om 2020 SL No. 236 s 158
sch 1 s 32 om 2020 SL No. 236 s 158
sch 1 s 33 om 2020 SL No. 236 s 158
sch 1 s 34 om 2020 SL No. 236 s 158
sch 1 s 35 om 2020 SL No. 236 s 158
sch 1 s 36 om 2020 SL No. 236 s 158
sch 1 s 37 om 2020 SL No. 236 s 158
sch 1 s 38 om 2020 SL No. 236 s 158
sch 1 s 39 om 2020 SL No. 236 s 158
sch 1 pt 4 hdg om 2020 SL No. 236 s 158
sch 1 pt 4 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 4 div 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 4 div 3 hdg om 2020 SL No. 236 s 158
sch 1 pt 4 div 4 hdg om 2020 SL No. 236 s 158
sch 1 pt 4 div 5 hdg om 2020 SL No. 236 s 158
sch 1 s 40 om 2020 SL No. 236 s 158
sch 1 s 41 om 2020 SL No. 236 s 158
sch 1 s 42 om 2020 SL No. 236 s 158
sch 1 s 43 om 2020 SL No. 236 s 158
sch 1 s 44 om 2020 SL No. 236 s 158
sch 1 s 45 om 2020 SL No. 236 s 158
sch 1 s 46 om 2020 SL No. 236 s 158
sch 1 s 47 om 2020 SL No. 236 s 158
sch 1 s 48 om 2020 SL No. 236 s 158
sch 1 s 49 om 2020 SL No. 236 s 158
sch 1 s 50 om 2020 SL No. 236 s 158
sch 1 s 51 om 2020 SL No. 236 s 158
sch 1 s 52 om 2020 SL No. 236 s 158
sch 1 s 53 om 2020 SL No. 236 s 158
sch 1 s 54 om 2020 SL No. 236 s 158
sch 1 s 55 om 2020 SL No. 236 s 158
sch 1 s 56 om 2020 SL No. 236 s 158
sch 1 s 57 om 2020 SL No. 236 s 158
sch 1 pt 5 hdg om 2020 SL No. 236 s 158
sch 1 pt 5 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 5 div 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 5 div 3 hdg om 2020 SL No. 236 s 158
sch 1 s 58 om 2020 SL No. 236 s 158
sch 1 s 59 om 2020 SL No. 236 s 158
sch 1 s 60 om 2020 SL No. 236 s 158
sch 1 s 61 om 2020 SL No. 236 s 158
sch 1 s 62 om 2020 SL No. 236 s 158
sch 1 s 63 om 2020 SL No. 236 s 158
sch 1 s 64 om 2020 SL No. 236 s 158
sch 1 s 65 om 2020 SL No. 236 s 158
sch 1 s 66 om 2020 SL No. 236 s 158
sch 1 pt 6 hdg om 2020 SL No. 236 s 158
sch 1 pt 6 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 6 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 67 om 2020 SL No. 236 s 158
sch 1 s 68 om 2020 SL No. 236 s 158
sch 1 s 69 om 2020 SL No. 236 s 158
sch 1 s 70 om 2020 SL No. 236 s 158
sch 1 s 71 om 2020 SL No. 236 s 158
sch 1 s 72 om 2020 SL No. 236 s 158
sch 1 s 73 om 2020 SL No. 236 s 158
sch 1 pt 7 hdg om 2020 SL No. 236 s 158
sch 1 pt 7 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 7 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 74 om 2020 SL No. 236 s 158
sch 1 s 75 om 2020 SL No. 236 s 158
sch 1 s 76 om 2020 SL No. 236 s 158
sch 1 s 77 om 2020 SL No. 236 s 158
sch 1 s 78 om 2020 SL No. 236 s 158
sch 1 s 79 om 2020 SL No. 236 s 158
sch 1 s 80 om 2020 SL No. 236 s 158
sch 1 pt 8 hdg om 2020 SL No. 236 s 158
sch 1 pt 8 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 8 div 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 8 div 3 hdg sub 2021 SL No. 29 s 6 (2)
sch 1 s 81 om 2020 SL No. 236 s 158
sch 1 s 82 om 2020 SL No. 236 s 158
sch 1 s 83 om 2020 SL No. 236 s 158
sch 1 s 84 om 2020 SL No. 236 s 158
sch 1 s 85 om 2020 SL No. 236 s 158
sch 1 s 86 om 2020 SL No. 236 s 158
sch 1 s 87 om 2020 SL No. 236 s 158
sch 1 s 88 sub 2021 SL No. 29 s 6 (2)
sch 1 s 89 sub 2021 SL No. 29 s 6 (2)
sch 1 pt 9 hdg om 2020 SL No. 236 s 158
sch 1 pt 9 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 9 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 90 om 2020 SL No. 236 s 158
sch 1 s 91 om 2020 SL No. 236 s 158
sch 1 s 92 om 2020 SL No. 236 s 158
sch 1 s 93 om 2020 SL No. 236 s 158
sch 1 s 94 om 2020 SL No. 236 s 158
sch 1 s 95 om 2020 SL No. 236 s 158
sch 1 s 96 om 2020 SL No. 236 s 158
sch 1 pt 10 hdg om 2020 SL No. 236 s 158
sch 1 pt 10 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 10 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 97 om 2020 SL No. 236 s 158
sch 1 s 98 om 2020 SL No. 236 s 158
sch 1 s 99 om 2020 SL No. 236 s 158
sch 1 s 100 om 2020 SL No. 236 s 158
sch 1 s 101 om 2020 SL No. 236 s 158
sch 1 s 102 om 2020 SL No. 236 s 158
sch 1 s 103 om 2020 SL No. 236 s 158
sch 1 pt 11 hdg om 2020 SL No. 236 s 158
sch 1 pt 11 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 11 div 2 hdg om 2020 SL No. 236 s 158
sch 1 pt 11 div 3 hdg om 2020 SL No. 236 s 158
sch 1 s 104 om 2020 SL No. 236 s 158
sch 1 s 105 om 2020 SL No. 236 s 158
sch 1 s 106 om 2020 SL No. 236 s 158
sch 1 s 107 om 2020 SL No. 236 s 158
sch 1 s 108 om 2020 SL No. 236 s 158
sch 1 s 109 om 2020 SL No. 236 s 158
sch 1 s 110 om 2020 SL No. 236 s 158
sch 1 pt 12 hdg om 2020 SL No. 236 s 158
sch 1 pt 12 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 12 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 111 om 2020 SL No. 236 s 158
sch 1 s 112 om 2020 SL No. 236 s 158
sch 1 s 113 om 2020 SL No. 236 s 158
sch 1 s 114 om 2020 SL No. 236 s 158
sch 1 s 115 om 2020 SL No. 236 s 158
sch 1 s 116 om 2020 SL No. 236 s 158
sch 1 s 117 om 2020 SL No. 236 s 158
sch 1 pt 13 hdg om 2020 SL No. 236 s 158
sch 1 pt 13 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 13 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 118 om 2020 SL No. 236 s 158
sch 1 s 119 om 2020 SL No. 236 s 158
sch 1 s 120 om 2020 SL No. 236 s 158
sch 1 s 121 om 2020 SL No. 236 s 158
sch 1 s 122 om 2020 SL No. 236 s 158
sch 1 s 123 om 2020 SL No. 236 s 158
sch 1 pt 14 hdg om 2020 SL No. 236 s 158
sch 1 pt 14 div 1 hdg om 2020 SL No. 236 s 158
sch 1 pt 14 div 2 hdg om 2020 SL No. 236 s 158
sch 1 s 124 om 2020 SL No. 236 s 158
sch 1 s 125 om 2020 SL No. 236 s 158
sch 1 s 126 om 2020 SL No. 236 s 158
sch 1 s 127 om 2020 SL No. 236 s 158
sch 1 s 128 om 2020 SL No. 236 s 158
sch 1 s 129 om 2020 SL No. 236 s 158
sch 1 s 130 om 2020 SL No. 236 s 158
sch 2 hdg sub 2020 SL No. 236 s 159
sch 2 pt 1 hdg sub 2020 SL No. 236 s 159
The east coast trawl fishery is the activity of fishing using trawl nets (trawling) for the fish mentioned in section 4 in the fishery area, as provided under this schedule.sch 2 s 1 sub 2020 SL No. 236 s 159
The fishery symbols for the fishery are ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’.sch 2 s 2 sub 2020 SL No. 236 s 159
The fishery area consists of the area of the tidal waters east of longitude 142º31.89' east.sch 2 s 3 sub 2020 SL No. 236 s 159
sch 2 pt 2 hdg sub 2020 SL No. 236 s 159
sch 2 pt 2 div 1 hdg ins 2020 SL No. 236 s 159
Only the following fish (each a permitted fish) may be taken under the licence—(a)any of the following fish (each a principal fish)—(i)prawns;(ii)bugs other than Balmain bugs (each a principal bug);(iii)scallops;(iv)squid;(b)any of the following fish, if the fish are taken while taking a principal fish—(i)Balmain bugs;(ii)blue swimmer crabs;(iii)cuttlefish;(iv)mantis shrimps;(v)octopus;(vi)pipefish;(vii)red champagne lobsters;(viii) slipper lobsters;(ix)threadfin bream;(x)three-spotted crabs.sch 2 s 4 sub 2020 SL No. 236 s 159
Permitted fish may be taken by trawling, and permitted fish taken by trawling may be possessed, only by a commercial fisher.sch 2 s 5 sub 2020 SL No. 236 s 159
6Fish may be taken only with unused effort unit entitlements
Permitted fish may be taken in a trawl region in an effort year only if the fish are taken under effort units for the trawl region with unused entitlements for the effort year.sch 2 s 6 sub 2020 SL No. 236 s 159
sch 2 s 6A ins 2020 SL No. 236 s 16 (1)
7Possessing particular fishing apparatus
(1)A person may possess, on a boat in the fishery area, a beam, otter board or trawl sled used with a net only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of trawl sleds a person may not possess—
•a trawl sled that has spikes attached to its trawl shoe•a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe(2)A person must not possess, on a boat in the fishery area, a beam, otter board or trawl sled with a thing that—(a)is designed to attach to the beam, otter board or trawl sled; and(b)if attached, would extend below the trawl shoe of the beam, otter board or trawl sled.sch 2 s 7 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 2 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under an M1 or M2 licence.sch 2 s 8 sub 2020 SL No. 236 s 159
9Where permitted fish may be taken
Permitted fish may be taken only in the Moreton Bay trawl region.sch 2 s 9 sub 2020 SL No. 236 s 159
10Way permitted fish may be taken
(1)Permitted fish may be taken only by using beam trawl nets or otter trawl nets.(2)Permitted fish may be taken by a net only if the net and its use comply with this division.sch 2 s 10 sub 2020 SL No. 236 s 159
A net must be no longer than—(a)for a beam trawl net—10m; or(b)for an otter trawl net—32.5m.sch 2 s 11 prev sch 2 s 11 om 2020 SL No. 236 s 16 (2)
pres sch 2 s 11 ins 2020 SL No. 236 s 159
The mesh size of a net must be at least 38mm but no more than 60mm.sch 2 s 12 prev sch 2 s 12 om 2020 SL No. 236 s 16 (2)
pres sch 2 s 12 ins 2020 SL No. 236 s 159
Each sweep used on a net must be no longer than 3m.sch 2 s 13 prev sch 2 s 13 om 2020 SL No. 236 s 16 (2)
pres sch 2 s 13 ins 2020 SL No. 236 s 159
(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm.(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.sch 2 s 14 sub 2020 SL No. 236 s 159 (amd 2021 SL No. 29 s 31)
(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.(2)The links of the ground chain must not have a diameter of more than 10mm.(3)The links of the tickler chain must not have a diameter of more than—(a)if a ground chain is used—6mm; or(b)if something else is attached at 1 or more points to the bottom rope of an otter trawl net so that the thing is suspended below the bottom rope when the net is in use—10mm.(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.sch 2 s 15 sub 2020 SL No. 236 s 159
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length for that type of net permitted under section 11.sch 2 s 16 sub 2020 SL No. 236 s 159
A crab bag must not be used with a net unless the crab bag is a compliant crab bag.sch 2 s 17 sub 2020 SL No. 236 s 159
18Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 18 sub 2020 SL No. 236 s 159
A net, other than a try net, must achieve the purpose of a BRD.sch 2 s 19 sub 2020 SL No. 236 s 159
A net, other than a try net, must achieve the purpose of a TED.sch 2 s 20 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 3 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T1 licence.sch 2 s 21 sub 2020 SL No. 236 s 159
22Where permitted fish may be taken
Permitted fish may be taken only in the T1 area.sch 2 s 22 sub 2020 SL No. 236 s 159
23Way permitted fish may be taken
(1)Permitted fish may be taken only by using beam trawl nets or otter trawl nets.(2)However, scallops may be taken only by using otter trawl nets.(3)Permitted fish may be taken by a net only if—(a)the net is used for the primary purpose of taking principal fish; and(b)the net and its use comply with this division.sch 2 s 23 sub 2020 SL No. 236 s 159
(1)In the following areas, a beam trawl net must be no longer than 10m and an otter trawl net must be no longer than 32.5m—(a)the Hervey Bay area;(b)the Facing Island area;(c)the Keppel Bay area;(d)the Repulse Bay area;(e)the Cleveland Bay area.(2)An otter trawl net used in the Laguna Bay area must be no longer than 18.6m and have a head rope that is no longer than 8m.(3)An otter trawl net used in the following waters must be no longer than 39m—(a)waters within the following boundary—•from latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton)•along the mainland shore to latitude 16º28.93' south, longitude 145º28.00' east (Island Head Point)•to latitude 16º43.75' south, longitude 145º40.71' east (Double Island)•to latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton);(b)Etty Bay area regulated waters, within the following boundary—•from latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point)•along the shore of Etty Bay to latitude 17º33.33' south, longitude 146º05.42' east•to latitude 17º33.33' south, longitude 146º05.76' east•to latitude 17º33.72' south, longitude 146º05.85' east•to latitude 17º33.72' south, longitude 146º05.61' east•along the shore of Etty Bay to latitude 17º35.47' south, longitude 146º07.62' east (near Mourilyan Harbour)•to latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point).(4)An otter trawl net used in the deep water net area must be no longer than 184m.(5)A beam trawl net used in an area other than an area mentioned in subsection (1) must be no longer than 10m.(6)An otter trawl net used in an area other than an area mentioned in subsection (1), (2), (3) or (4) must be no longer than—(a)if the net is used for the primary purpose of taking principal bugs or scallops—109m; or(b)if the net is used for the primary purpose of taking principal fish other than principal bugs or scallops—88m.sch 2 s 24 sub 2020 SL No. 236 s 159
(1)A net used for the primary purpose of taking principal fish other than principal bugs or scallops must have—(a)for a net used in the following areas—a mesh size of at least 38mm but no more than 60mm—(i)the Hervey Bay area;(ii)the Facing Island area;(iii)the Keppel Bay area;(iv)the Repulse Bay area;(v)the Cleveland Bay area;(vi)the deep water net area; or(b)for a net used in the Laguna Bay area—a mesh size of at least 28mm; or(c)for a net used in an area, other than an area mentioned in paragraph (a) or (b)—(i)a mesh size of at least 43mm but no more than 60mm; and(ii)a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.(2)A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.sch 2 s 25 prev sch 2 s 25 om 2020 SL No. 236 s 16 (2)
pres sch 2 s 25 ins 2020 SL No. 236 s 159
(1)This section does not apply to the Laguna Bay area.(2)Each sweep used on a net must be no longer than—(a)if the net is used in the Hervey Bay area—3m; or(b)if the net is used in any other waters—10m.sch 2 s 26 prev sch 2 s 26 om 2020 SL No. 236 s 16 (2)
pres sch 2 s 26 ins 2020 SL No. 236 s 159
(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm.(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.sch 2 s 27 sub 2020 SL No. 236 s 159 (amd 2021 SL No. 29 s 31)
(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.(2)The links of the ground chain must not have a diameter of more than—(a)if the net is used in the deep water net area—12mm; or(b)if the net is used in any other waters—10mm.(3)The links of the tickler chain must not have a diameter of more than—(a)if a ground chain is used—6mm; or(b)if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.sch 2 s 28 sub 2020 SL No. 236 s 159
29Use of more than 1 net or head rope
More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 24.sch 2 s 29 sub 2020 SL No. 236 s 159
A crab bag must not be used with a net unless the crab bag is a compliant crab bag.sch 2 s 30 sub 2020 SL No. 236 s 159
31Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 31 prev sch 2 s 31 om 2020 SL No. 236 s 16 (2)
pres sch 2 s 31 ins 2020 SL No. 236 s 159
A net, other than a try net, must achieve the purpose of a BRD.sch 2 s 32 sub 2020 SL No. 236 s 159
A net, other than a try net, must achieve the purpose of a TED.sch 2 s 33 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 4 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T2 licence.sch 2 s 34 sub 2020 SL No. 236 s 16 (3); 2020 SL No. 236 s 159
35Where permitted fish may be taken
Permitted fish may be taken only in the southern offshore trawl region B.sch 2 s 35 sub 2020 SL No. 236 s 159
36Way permitted fish may be taken
(1)Permitted fish may be taken only by using otter trawl nets.(2)Permitted fish may be taken by a net only if the net and its use comply with this division.sch 2 s 36 sub 2020 SL No. 236 s 16 (4); 2020 SL No. 236 s 159
(1)A net used in the deep water net area must be no longer than 184m.(2)A net used in an area other than the deep water net area must be no longer than—(a)if the net is used for the primary purpose of taking principal bugs or scallops—109m; or(b)if the net is used for the primary purpose of taking permitted fish other than principal bugs or scallops—88m.sch 2 s 37 sub 2020 SL No. 236 s 159
(1)A net used for the primary purpose of taking permitted fish other than principal bugs or scallops must—(a)have a mesh size of at least 43mm but no more than 60mm; and(b)have a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.(2)A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.sch 2 s 38 sub 2020 SL No. 236 s 16 (5); 2020 SL No. 236 s 159
Each sweep used on a net must be no longer than 10m.sch 2 s 39 sub 2020 SL No. 236 s 159
(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—(a)if the net is used for the primary purpose of taking principal bugs or scallops—at least 75mm; or(b)if the net is used for the primary purpose of taking permitted fish other than principal bugs or scallops—at least 38mm.(2)The bottom half of a net, other than any part within 150 rows of mesh from its drawstring, must not be completely covered.sch 2 s 40 sub 2020 SL No. 236 s 159 (amd 2021 SL No. 29 s 31)
(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.(2)The links of the ground chain must not have a diameter of more than—(a)if the net is used in the deep water net area—12mm; or(b)if the net is used in any other waters—10mm.(3)The links of the tickler chain must not have a diameter of more than—(a)if a ground chain is used—6mm; or(b)if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.sch 2 s 41 sub 2020 SL No. 236 s 159
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 37 for a net.sch 2 s 42 sub 2020 SL No. 236 s 159
A crab bag must not be used with a net unless the crab bag is a compliant crab bag.sch 2 s 43 sub 2020 SL No. 236 s 159
44Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 44 sub 2020 SL No. 236 s 159
A net, other than a try net, must achieve the purpose of a BRD.sch 2 s 45 sub 2020 SL No. 236 s 159
A net, other than a try net, must achieve the purpose of a TED.sch 2 s 46 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 5 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T5 licence.sch 2 s 47 sub 2020 SL No. 236 s 159
48Where permitted fish may be taken
Permitted fish may be taken only in the T5 area.sch 2 s 48 sub 2020 SL No. 236 s 159
49Way permitted fish may be taken
(1)Permitted fish may be taken only by using—(a)in the Laguna Bay area—otter trawl nets; or(b)in any other waters—beam trawl nets.(2)Permitted fish may be taken by a net only if the net and its use comply with this division.sch 2 s 49 sub 2020 SL No. 236 s 159
(1)An otter trawl net used in the Laguna Bay area must be no longer than 18.6m and have a head rope no longer than 8m.(2)A beam trawl net used in waters other than in the Laguna Bay area must be no longer than 5m.sch 2 s 50 sub 2020 SL No. 236 s 159
(1)A net must have a mesh size of at least 28mm.(2)A net, other than a net used in the Noosa River and lakes connected to it or in the Laguna Bay area, must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.sch 2 s 51 sub 2020 SL No. 236 s 159
(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 28mm.(2)The bottom half of a net, other than any part within 100 rows of mesh from its drawstring, must not be completely covered.sch 2 s 52 prev sch 2 s 52 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 52 ins 2020 SL No. 236 s 159
53Use of more than 1 net or head rope
More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 50.sch 2 s 53 sub 2020 SL No. 236 s 159
54Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 54 sub 2020 SL No. 236 s 159
A net must achieve the purpose of a BRD.sch 2 s 55 sub 2020 SL No. 236 s 159
56Use of TED in Laguna Bay area
A net used in the Laguna Bay area must achieve the purpose of a TED.sch 2 s 56 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 6 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T6 licence.sch 2 s 57 sub 2020 SL No. 236 s 159
58Where permitted fish may be taken
Permitted fish may be taken only in the T6 area.sch 2 s 58 sub 2020 SL No. 236 s 159
59Way permitted fish may be taken
(1)Permitted fish may be taken only by using beam trawl nets.(2)Permitted fish may be taken by a net only if the net and its use comply with this division.sch 2 s 59 sub 2020 SL No. 236 s 159
(1)A net used in the Hervey Bay area must be no longer than 10m.(2)A net used in waters other than the Hervey Bay area must be no longer than 5m.sch 2 s 60 sub 2020 SL No. 236 s 159
(1)A net used in the Hervey Bay area must have a mesh size of at least 38mm but no more than 60mm.(2)A net used in waters other than the Hervey Bay area must have—(a)a mesh size of at least 28mm; and(b)a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.sch 2 s 61 sub 2020 SL No. 236 s 159
(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—(a)if the net is used in the Hervey Bay area—at least 38mm; or(b)if the net is used in waters other than the Hervey Bay area—at least 28mm.(2)The bottom half of a net, other than any part within 100 rows of mesh from its drawstring, must not be completely covered.sch 2 s 62 sub 2020 SL No. 236 s 159 (amd 2021 SL No. 29 s 31)
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 60 for a net.sch 2 s 63 sub 2020 SL No. 236 s 159
64Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 64 sub 2020 SL No. 236 s 159
A net used must achieve the purpose of a BRD.sch 2 s 65 sub 2020 SL No. 236 s 159
66Use of TED other than in river or creek
A net, other than a net used in a river or creek, must achieve the purpose of a TED.sch 2 s 66 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 7 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T7 licence.sch 2 s 67 prev sch 2 s 67 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 67 ins 2020 SL No. 236 s 159
68Where permitted fish may be taken
Permitted fish may be taken only in the T7 area.sch 2 s 68 sub 2020 SL No. 236 s 159
69Way permitted fish may be taken
(1)Permitted fish may be taken only by using beam trawl nets.(2)Permitted fish may be taken by a net only if the net and its use comply with this division.sch 2 s 69 sub 2020 SL No. 236 s 159
A net must be no longer than 5m.sch 2 s 70 sub 2020 SL No. 236 s 159
(1)A net must have a mesh size of at least 28mm.(2)A net must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.sch 2 s 71 sub 2020 SL No. 236 s 159
(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 28mm.(2)The bottom half of a net, other than any part within 100 rows of mesh from its drawstring, must not be completely covered.sch 2 s 72 sub 2020 SL No. 236 s 159
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than 5m.sch 2 s 73 sub 2020 SL No. 236 s 159
74Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 74 sub 2020 SL No. 236 s 159
A net must achieve the purpose of a BRD.sch 2 s 75 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 8 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T8 licence.sch 2 s 76 sub 2020 SL No. 236 s 159
77Where permitted fish may be taken
Permitted fish may be taken only in the T8 area.sch 2 s 77 sub 2020 SL No. 236 s 159
78Way permitted fish may be taken
(1)Permitted fish may be taken only by using beam trawl nets.(2)Permitted fish may be taken by a net only if the net and its use complies with this division.sch 2 s 78 sub 2020 SL No. 236 s 159
A net must not be longer than—(a)for a net used in the Facing Island area or the Keppel Bay area—10m; or(b)for a net used in another part of the fishery area—5m.sch 2 s 79 sub 2020 SL No. 236 s 159
(1)A net used in a river or creek, other than in the Fitzroy River mouth area, must have a mesh size of at least 28mm.(2)A net used in the Fitzroy River mouth area must have a mesh size of at least 31mm.(3)A net used in the Facing Island area or the Keppel Bay area must have a mesh size of at least 38mm but no more than 60mm.(4)A net used in a river or creek must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.sch 2 s 80 sub 2020 SL No. 236 s 159
(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—(a)if the net is used in a river or creek, other than in the Fitzroy River mouth area—at least 28mm; or(b)if the net is used in the Fitzroy River mouth area—at least 31mm; or(c)if the net is used in the Facing Island area or the Keppel Bay area—at least 38mm.(2)The bottom half of a net, other than any part within 100 rows of mesh from its drawstring, must not be completely covered.sch 2 s 81 sub 2020 SL No. 236 s 159 (amd 2021 SL No. 29 s 31)
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 79 for a net.sch 2 s 82 prev sch 2 s 82 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 82 ins 2020 SL No. 236 s 159
83Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 83 sub 2020 SL No. 236 s 159
A net must achieve the purpose of a BRD.sch 2 s 84 sub 2020 SL No. 236 s 159
85Use of TED other than in river or creek
A net, other than a net used in a river or creek, must achieve the purpose of a TED.sch 2 s 85 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 9 hdg ins 2020 SL No. 236 s 159
This division states where and in what way permitted fish may be taken under a T9 licence.sch 2 s 86 sub 2020 SL No. 236 s 159
87Where permitted fish may be taken
Permitted fish may be taken only in the T9 area.sch 2 s 87 sub 2020 SL No. 236 s 159
88Way permitted fish may be taken
(1)Permitted fish may be taken only by using beam trawl nets.(2)Permitted fish may be taken with a net only if the net and its use comply with this division.sch 2 s 88 sub 2020 SL No. 236 s 159
(1)A net used in a river or creek must be no longer than 5m.(2)A net used other than in a river or creek must be no longer than 10m.sch 2 s 89 sub 2020 SL No. 236 s 159
(1)A net used in a river or creek must have a mesh size of at least 28mm.(2)A net used other than in a river or creek must have a mesh size of at least 38mm but no more than 60mm.(3)A net used in a river or creek must have a cod end with a mesh size of at least 25mm and no more than 100 rows of mesh.sch 2 s 90 sub 2020 SL No. 236 s 159
(1)The part of a net within 100 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—(a)if the net is used in a river or creek—at least 28mm; or(b)if the net is used other than in a river or creek—at least 38mm.(2)The bottom half of a net, other than any part within 100 rows of mesh from its drawstring, must not be completely covered.sch 2 s 91 sub 2020 SL No. 236 s 159 (amd 2021 SL No. 29 s 31)
More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 89 for a net.sch 2 s 92 sub 2020 SL No. 236 s 159
93Use of nets with particular fishing apparatus or attachments
(1)This section applies if a beam, otter board or trawl sled is used with a net.(2)The net may be used only if—(a)the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.Examples of nets that must not be used—
•a net that uses a trawl sled that has spikes attached to its trawl shoe•a net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoesch 2 s 93 sub 2020 SL No. 236 s 159
A net used must achieve the purpose of a BRD.sch 2 s 94 prev sch 2 s 94 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 94 ins 2020 SL No. 236 s 159
95Use of TED other than in river or creek
(1)A net, other than a net used in a river or creek, must achieve the purpose of a TED.(2)However, a net used under this division is not required to achieve the purpose of a TED if—(a)the boat from which the net is used—(i)is no longer than 6.7m; and(ii)has an outboard engine with no more than 90kW of power; and(b)the net—(i)is used in water shallower than 3m; and(ii)remains in the water for no more than 25 minutes; and(iii)is used only by hand, without any equipment to assist in its use.sch 2 s 95 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 10 hdg ins 2020 SL No. 236 s 159
sch 2 pt 2 div 10 sdiv 1 hdg ins 2020 SL No. 236 s 159
96Meaning of BRD and purpose of a BRD
(1)A BRD is a bycatch reduction device.(2)The purpose of a BRD is to reduce the level of bycatch taken by the use of the net to the lowest level that allows the economically viable use of the net, having regard to the sustainability of the fishery area’s ecological systems.sch 2 s 96 sub 2020 SL No. 236 s 159
A net is taken to achieve the purpose of a BRD if the net includes or is used with a device (a recognised BRD) that complies with—(a)for an otter trawl net used to trawl for prawns—subdivision 2; or(b)for an otter trawl net used to trawl for principal bugs or scallops—subdivision 3; or(c)for a beam trawl net—subdivision 4.sch 2 s 97 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 10 sdiv 2 hdg ins 2020 SL No. 236 s 159
This subdivision applies to an otter trawl net used to trawl for prawns.sch 2 s 98 sub 2020 SL No. 236 s 159
99Square mesh cod end—northern trawl region or central trawl region
(1)The cod end of a net used in the northern trawl region or central trawl region is a recognised BRD if the cod end complies with this section.(2)The cod end must be made of square mesh of—(a)a mesh size of at least 50mm; and(b)at least—(i)80 bars in circumference; and(ii)50 bars long.(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.(5)During trawling, nothing must cover any of the square mesh.sch 2 s 99 sub 2020 SL No. 236 s 159
100Square mesh cod end—deep water net area
(1)The cod end of a net used in the deep water net area is a recognised BRD if the cod end complies with this section.(2)The cod end must be made of square mesh of—(a)a mesh size of at least 45mm; and(b)at least—(i)80 bars in circumference; and(ii)50 bars long.(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.(5)During trawling, nothing must cover any of the square mesh.sch 2 s 100 sub 2020 SL No. 236 s 159
101Square mesh cod end—outside of northern trawl region, central trawl region and deep water net area
(1)The cod end of a net used outside of the northern trawl region, central trawl region and deep water net area is a recognised BRD if the cod end complies with this section.(2)The cod end must be made of square mesh of—(a)a mesh size of at least 38mm; and(b)at least—(i)80 bars in circumference; and(ii)50 bars long.(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.(4)The square mesh must have installed in it a panel made of square mesh of—(a)a mesh size of at least 45mm; and(b)at least—(i)300mm wide; and(ii)300mm long.(5)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.(6)During trawling, nothing must cover any of the square mesh.sch 2 s 101 sub 2020 SL No. 236 s 159
102Square mesh panel—outside of central trawl region
(1)A panel of a net used outside of the central trawl region is a recognised BRD if the panel complies with this section.(2)The panel must be in the top of the cod end of the net.(3)The panel must consist of a surrounding panel around a centre panel.(4)The panel must be installed so that—(a)the trailing edge of the surrounding panel is no more than 35 meshes from the cod end drawstrings of the net; and(b)the trailing edge of the centre panel is no more than 40 meshes from the cod end drawstrings of the net.(5)The surrounding panel must be made of square mesh of—(a)a mesh size of at least 45mm; and(b)at least—(i)550mm wide; and(ii)700mm long.(6)The centre panel must be made of square mesh of—(a)a mesh size of at least 55mm; and(b)at least—(i)250mm wide; and(ii)300mm long.(7)During trawling, nothing must cover any of the square mesh.sch 2 s 102 sub 2020 SL No. 236 s 159
(1)An opening, commonly known as a fisheye, in a net is a recognised BRD if the opening complies with this section.(2)The opening must be—(a)held open by a rigid frame that consists of—(i)a semicircular-shaped frame; and(ii)an isosceles triangle-shaped frame; and(b)no more than 66 meshes from the cod end drawstrings of the net.(3)The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.(4)The semicircular-shaped frame must be—(a)at least—(i)350mm wide; and(ii)150mm high; and(b)divided in half by a rigid bar; and(c)attached, by a rigid bar—(i)from the midpoint of the semicircular-shaped part of the frame; and(ii)to the apex of the equal sides of the isosceles triangle-shaped frame.(5)The shortest side of the isosceles triangle-shaped frame must be—(a)equal to the width of the semicircular-shaped frame; and(b)attached, perpendicularly, to the widest part of the semicircular-shaped frame.(6)During trawling, nothing must cover any part of the opening.sch 2 s 103 sub 2020 SL No. 236 s 159
(1)An opening, commonly known as a bigeye, in a net is a recognised BRD if the opening complies with this section.(2)The opening must be—(a)in the top of the net; and(b)at least 350mm across the width of the net; and(c)no more than 66 meshes from the cod end drawstrings of the net.(3)The edges of the opening must not overlap by more than 200mm.(4)During trawling—(a)the part of the opening closest to the mouth of the net must be weighted by an approved chain or 300g of other weights; and(b)the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 2 floats, each of which is at least—(i)90mm wide; and(ii)50mm in diameter; and(c)nothing must cover any part of the opening.(5)In this section—approved chain means a chain that—(a)weighs at least 300g; and(b)contains at least the following number of links—(i)for a chain with links 4mm in diameter—42;(ii)for a chain with links 6mm in diameter—12;(iii)for a chain with links 8mm in diameter—6;(iv)for a chain with links 10mm in diameter—3.sch 2 s 104 sub 2020 SL No. 236 s 159
105V-cut and bell cod end—outside of central trawl region and deep water net area
(1)A combination of the cod end of a net and a V-cut opening in the cod end used outside of the central trawl region and deep water net area is a recognised BRD if—(a)the last 33 meshes of the net from the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end; and(b)the opening complies with subsections (3) and (4); and(c)nothing covers any part of the opening during trawling.(2)However, subsection (1)(c) does not apply if—(a)the meshes are left attached along the forward edge of the opening leaving a flap of net; and(b)the edges of the flap do not extend wider than the opening during trawling.(3)The opening must—(a)be in the top of the net; and(b)have 2 diagonal forward measurements of 10 bars of the net; and(c)have a lateral measurement along its forward edge of 11 meshes of the net.(4)The apex of the opening must not be more than 45 meshes of the net from the drawstrings.sch 2 s 105 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 10 sdiv 3 hdg ins 2020 SL No. 236 s 159
This subdivision applies to an otter trawl net used to trawl for principal bugs or scallops.sch 2 s 106 prev sch 2 s 106 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 106 ins 2020 SL No. 236 s 159
107Scallop square mesh cod end
(1)The cod end of a net is a recognised BRD if the cod end complies with this section.(2)The cod end must be made of square mesh of—(a)a mesh size of at least 88mm; and(b)at least—(i)50 bars in circumference; and(ii)1,500mm long.(3)The square mesh must be no more than 15 meshes from the cod end drawstrings of the net.(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.(5)During trawling, nothing must cover any of the square mesh other than a compliant chaffing mat.(6)In this section—compliant chaffing mat, for a cod end, means a mat that is attached to the bottom half of the circumference of the cod end—(a)only—(i)along the leading edge of the mat; and(ii)halfway along the length of each side of the mat; and(iii)at a point on each rear corner of the mat; and(b)along no more than half of the length of the cod end.sch 2 s 107 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 10 sdiv 4 hdg ins 2020 SL No. 236 s 159
This subdivision applies to a beam trawl net.sch 2 s 108 sub 2020 SL No. 236 s 159
(1)The cod end of a net is a recognised BRD if the cod end complies with this section.(2)The cod end must be made of square mesh of—(a)a mesh size of at least 31mm; and(b)at least—(i)100 bars in circumference; and(ii)50 bars long.(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.(4)The square mesh must have installed in it a panel made of square mesh of—(a)a mesh size of at least 45mm; and(b)at least—(i)300mm wide; and(ii)300mm long.(5)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.(6)During trawling, nothing must cover any of the square mesh.sch 2 s 109 sub 2020 SL No. 236 s 159
(1)A panel of a net is a recognised BRD if the panel complies with this section.(2)The panel must be in the top of the cod end of the net.(3)The panel must consist of a surrounding panel around a centre panel.(4)The surrounding panel must be made of square mesh of—(a)a mesh size of at least 40mm; and(b)at least—(i)450mm wide; and(ii)600mm long.(5)The centre panel must be made of square mesh of—(a)a mesh size of at least 50mm; and(b)at least—(i)200mm wide; and(ii)300mm long.(6)The panel must be installed so that—(a)the trailing edge of the surrounding panel is no more than 60 meshes from the cod end drawstrings of the net; and(b)the trailing edge of the centre panel is no more than 65 meshes from the cod end drawstrings of the net.(7)During trawling, nothing must cover any of the square mesh.sch 2 s 110 sub 2020 SL No. 236 s 159
(1)An opening, commonly known as a fisheye, in a net is a recognised BRD if the opening complies with this section.(2)The opening must be—(a)held open by a rigid frame that consists of—(i)a semicircular-shaped frame; and(ii)an isosceles triangle-shaped frame; and(b)no more than 80 meshes from the cod end drawstrings of the net.(3)The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.(4)The semicircular-shaped frame must be—(a)at least—(i)230mm wide; and(ii)100mm high; and(b)divided in half by a rigid bar; and(c)attached, by a rigid bar—(i)from the midpoint of the semicircular-shaped part of the frame; and(ii)to the apex of the equal sides of the isosceles triangle-shaped frame.(5)The shortest side of the isosceles triangle-shaped frame must be—(a)equal to the width of the semicircular-shaped frame; and(b)attached, perpendicularly, to the widest part of the semicircular-shaped frame.(6)During trawling, nothing must cover any part of the opening.sch 2 s 111 sub 2020 SL No. 236 s 159
(1)An opening, commonly known as a bigeye, in a net is a recognised BRD if the opening complies with this section.(2)The opening must be—(a)in the top of the net; and(b)at least 230mm across the width of the net; and(c)no more than 80 meshes from the cod end drawstrings of the net.(3)The edges of the opening must not overlap by more than 200mm.(4)During trawling—(a)the part of the opening closest to the mouth of the net must be weighted by an approved chain or 300g of other weights; and(b)the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 1 float that is at least—(i)90mm wide; and(ii)50mm in diameter; and(c)nothing must cover any part of the opening.(5)In this section—approved chain means a chain that—(a)weighs at least 300g; and(b)contains at least the following number of links—(i)for a chain with links 4mm in diameter—42;(ii)for a chain with links 6mm in diameter—12;(iii)for a chain with links 8mm in diameter—6;(iv)for a chain with links 10mm in diameter—3.sch 2 s 112 sub 2020 SL No. 236 s 159
(1)A combination of the cod end of a net and a V-cut opening in the cod end is a recognised BRD if—(a)the following number of the meshes of the net before the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end—(i)if the net has a mesh size of less than 31mm—50;(ii)if the net has a mesh size of 31mm or more—40; and(b)the opening complies with subsections (3) and (4); and(c)nothing covers any part of the opening during trawling.(2)However, subsection (1)(c) does not apply if—(a)the meshes are left attached along the forward edge of the opening leaving a flap of net; and(b)the edges of the flap do not extend wider than the opening during trawling.(3)The opening must—(a)be in the top of the net; and(b)have 2 diagonal forward measurements of the following number of bars of the net each—(i)if the net has a mesh size of less than 31mm—15;(ii)if the net has a mesh size of 31mm or more—12; and(c)have a lateral measurement along its forward edge of the following number of meshes of the net—(i)if the net has a mesh size of less than 31mm—16;(ii)if the net has a mesh size of 31mm or more—13.(4)The apex of the opening must not be more than the following number of meshes of the net from the drawstrings—(a)if the net has a mesh size of less than 31mm—65;(b)if the net has a mesh size of 31mm or more—55.sch 2 s 113 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 11 hdg ins 2020 SL No. 236 s 159
sch 2 pt 2 div 11 sdiv 1 hdg ins 2020 SL No. 236 s 159
114Meaning of TED and purpose of a TED
(1)A TED is a turtle excluder device.(2)The purpose of a TED is to allow turtles to escape immediately after being taken in a net.sch 2 s 114 sub 2020 SL No. 236 s 159
(1)A net is taken to achieve the purpose of a TED if—(a)the net includes or is used with a device (a recognised TED) that complies with this division; and(b)if an accelerator funnel is attached to a recognised TED—the accelerator funnel complies with section 120.(2)A device is a recognised TED if it consists of—(a)a grid that complies with section 116(1) and (2); and(b)an opening (the escape hole) in the net that complies with section 117; and(c)if the escape hole is in the bottom of the net—(i)a grid that complies with section 116(3); or(ii)floats that comply with section 119; and(d)a flap covering the escape hole that complies with section 118.sch 2 s 115 sub 2020 SL No. 236 s 159
sch 2 pt 2 div 11 sdiv 2 hdg ins 2020 SL No. 236 s 159
(1)The grid must—(a)be at least 810mm wide and 810mm high; and(b)have vertical bars, spaced no more than 120mm apart, extending from the top to the bottom of the net; and(c)be constructed as a single solid unit without any hinged or collapsible components; and(d)be attached to the entire circumference of the net; and(e)be installed and kept at an angle of between 30º and 55º in the net so that it is inclined towards the escape hole.(2)The grid must be constructed of rigid material.(3)Also, if the escape hole is in the bottom of the net, the grid must be—(a)constructed of a material with a density of no more than the density of seawater; and(b)appropriately marked with—(i)the density of the material, expressed in g/cm3 or kg/cm3; and(ii)the name of the grid’s manufacturer.sch 2 s 116 sub 2020 SL No. 236 s 159
(1)The escape hole must allow turtles to escape immediately after the turtles are taken in the net.(2)The escape hole must consist of—(a)a horizontal cut that is—(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and(ii)at least 610mm wide; and(iii)no narrower than the grid, other than for 100mm at either side of the grid; and(b)2 cuts that are each—(i)in front of and perpendicular to the trailing edge of the grid; and(ii)of equal length; and(iii)at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and(c)a leading edge cut that, when the net is stretched, is at least—(i)if the escape hole is covered with a single flap—1,810mm; or(ii)if the escape hole is covered with a double flap—1,420mm.(3)Alternatively, the escape hole may consist of—(a)a horizontal cut that is—(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and(ii)at least 1,020mm wide; and(b)2 all bar cuts that each—(i)are of equal length and at least 1,360mm long; and(ii)taper from either end of the horizontal cut mentioned in paragraph (a) to where the cuts meet.(4)Alternatively, the escape hole may consist of—(a)a horizontal cut that is—(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and(ii)at least 610mm wide; and(iii)no narrower than the grid, other than for 100mm at either side of the grid; and(b)2 cuts that are each—(i)in front of and perpendicular to the trailing edge of the grid; and(ii)of equal length; and(iii)at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and(c)2 all bar cuts that—(i)each intersect with, and are in front of, the perpendicular cuts mentioned in paragraph (b); and(ii)are each of equal length and at least 500mm long; and(iii)allow the escape hole, at the intersections mentioned in subparagraph (i), to stretch to, if the escape hole is covered with a single flap, 1,810mm, or if the escape hole is covered with a double flap, 1,420mm.(5)In this section—all bar cut means a cut through parallel opposing bars in a row of meshes.sch 2 s 117 prev sch 2 s 117 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 117 ins 2020 SL No. 236 s 159
(1)The escape hole must be covered by a rectangular flap attached to the outside of the net.(2)The flap must consist of 1 panel that—(a)has a mesh size of no more than—(i)for a net used to trawl for prawns—50mm; or(ii)for a net used to trawl for scallops—90mm; and(b)is at least—(i)3,380mm wide; and(ii)1,320mm long; and(c)does not overlap the escape hole by more than 130mm on either side; and(d)is not sewn down the outside edges more than 150mm past the trailing edge of the grid; and(e)is attached, by the longer edge, to the net in front of the leading edge of the escape hole.(3)Alternatively, the flap may consist of 2 equal-sized panels that—(a)each have a mesh size of no more than—(i)for a net used to trawl for prawns—50mm; or(ii)for a net used to trawl for scallops—90mm; and(b)are each at least 1,470mm wide; and(c)do not overlap by more than 380mm along the leading edge of the panels, when each panel is fully stretched; and(d)are sewn together only along the leading edges of the panels; and(e)are attached to the net in front of the leading edge of the escape hole.(4)The trailing edge of a flap must not extend more than 610mm behind the trailing edge of the grid.sch 2 s 118 sub 2020 SL No. 236 s 159
(1)If the escape hole is in the bottom of the net, the following floats must be attached to the grid—(a)if the grid has a circumference of no more than 3,050mm, at least—(i)2 small floats; or(ii)1 medium float;(b)if the grid has a circumference of more than 3,050mm, at least—(i)4 small floats; or(ii)2 medium floats.(2)Alternatively, the following floats may be attached to the grid—(a)3 small plastic floats;(b)2 medium plastic floats;(c)1 large plastic float.(3)Alternatively, 1 or more floats, with a total buoyancy at least equal to the weight of the recognised TED, may be attached to the grid if—(a)the buoyancy, expressed in grams or kilograms, of each float is appropriately marked on the float; and(b)the weight of the recognised TED is appropriately marked on the grid.(4)In this section—attached means attached to the top half of the grid—(a)inside the net and behind the grid; or(b)outside the net but not attached to a flap.large plastic float means a float made of hard plastic that is at least 250mm in diameter.medium float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—(a)222mm long; and(b)172mm in diameter.medium plastic float means a float made of hard plastic that is at least 200mm, but less than 250mm, in diameter.small float means a float made of ethylene vinyl acetate or polyvinyl chloride that is—(a)at least 180mm, but less than 222mm, long; and(b)at least 147mm, but less than 172mm, in diameter.small plastic float means a float made of hard plastic that is at least 150mm, but less than 200mm, in diameter.weight means weight expressed in grams or kilograms.sch 2 s 119 sub 2020 SL No. 236 s 159
120Accelerator funnel requirements
(1)The accelerator funnel must be made of mesh of a mesh size of at least 38mm but no more than 50mm.(2)The accelerator funnel must be installed in the leading edge of the net in front of the recognised TED so that—(a)the leading edge of the accelerator funnel is attached at least 18 meshes in front of the closest point of the grid; and(b)the trailing edge of the accelerator funnel does not extend past the bars of the grid.(3)If the recognised TED has an escape hole in the top of the net, the bottom of the trailing edge of the accelerator funnel must be attached to the bottom of the recognised TED by no more than one-third of the circumference of the trailing edge.(4)If the recognised TED has an escape hole in the bottom of the net, the top of the trailing edge of the accelerator funnel must be attached to the top of the recognised TED by no more than one-third of the circumference of the trailing edge.(5)The circumference of the trailing edge of the accelerator funnel must be at least—(a)for an accelerator funnel with a mesh size of at least 38mm but less than 43mm—100 meshes; or(b)for an accelerator funnel with a mesh size of at least 43mm but less than 48mm—93 meshes; or(c)for an accelerator funnel with a mesh size of at least of 48mm but less than 50mm—83 meshes; or(d)for an accelerator funnel with a mesh size of at least 50mm—80 meshes.sch 2 s 120 sub 2020 SL No. 236 s 159
sch 2 pt 3 hdg sub 2020 SL No. 236 s 159
sch 2 pt 3 div 1 hdg ins 2020 SL No. 236 s 159
(1)It is a condition of the following licences that a primary boat longer than 14m must not be used—(a)M1 licence;(b)M2 licence.(2)It is a condition of the following licences that a primary boat longer than 20m must not be used—(a)T1 licence;(b)T2 licence.(3)It is a condition of the following licences that a primary boat longer than 9m must not be used—(a)T5 licence;(b)T6 licence;(c)T7 licence;(d)T8 licence;(e)T9 licence.sch 2 s 121 sub 2020 SL No. 236 s 159
sch 2 pt 3 div 2 hdg ins 2020 SL No. 236 s 159
This division prescribes conditions for an M1, M2, T1 or T2 licence.sch 2 s 122 sub 2020 SL No. 236 s 159
123Obligation to nominate communication mode for boat
(1)The holder of the licence must, by notice to the chief executive, nominate a mode by which the chief executive or an inspector may communicate with the person in control of the primary boat identified in the licence whenever the person is on the boat.(2)The mode—(a)can not be by the use of a radio or vessel tracking equipment; and(b)must be able to be received on the boat instantaneously after the communication is sent by the chief executive or inspector.Examples of modes that may be nominated—
a facsimile, mobile phone, radiophone or satellite phone(3)More than 1 mode may be nominated.(4)The holder may change the nominated mode by giving notice of a new nominated mode to the chief executive.(5)However, the new nominated mode must not be used until the chief executive has advised the holder that the notice of the change has been received by the chief executive.sch 2 s 123 sub 2020 SL No. 236 s 159
124Obligation to ensure communication with person in control
The holder of the licence and the person in control of the primary boat identified in the licence must take all reasonable steps to ensure the chief executive or an inspector is, whenever the person is on the boat, able to communicate with the person by using a mode of communication nominated for the boat under section 123.sch 2 s 124 sub 2020 SL No. 236 s 159
sch 2 pt 3 div 3 hdg ins 2020 SL No. 236 s 159
sch 2 pt 3 div 3 sdiv 1 hdg ins 2020 SL No. 236 s 159
125Restrictions on processing scallops on commercial fishing boat
(1)This section prescribes conditions for a T1 licence.(2)This section applies to the extent that processing a scallop involves more than sorting the scallop or removing half of the shell of the scallop.(3)A person may process a scallop on a commercial fishing boat used under the licence only if—(a)the processing takes place in waters mentioned in subdivision 2; and(b)the person in control of the boat is a commercial fisher.sch 2 s 125 sub 2020 SL No. 236 s 159
sch 2 pt 3 div 3 sdiv 2 hdg ins 2020 SL No. 236 s 159
For section 125(3)(a), this subdivision states the waters where scallops may be processed on a commercial fishing boat.sch 2 s 126 sub 2020 SL No. 236 s 159
127Tin Can Bay public wharf area
Tin Can Inlet within a 1n mile radius of the public wharf at Tin Can Bay township.sch 2 s 127 sub 2020 SL No. 236 s 159
(1)Hervey Bay within the following boundary—•from latitude 25º19.00' south, longitude 152º55.00' east then eastward along latitude 25º19.00' south to the intersection with the western shore of Big Woody Island•north along the western shore of Big Woody Island to the northern tip of Big Woody Island•to latitude 25º17.49' south, longitude 152º55.66' east•to latitude 25º18.10' south, longitude 152º55.66' east•to latitude 25º18.10' south, longitude 152º55.00' east•to latitude 25º19.00' south, longitude 152º55.00' east.(2)Hervey Bay within the following boundary—•from the special mark known as EU1 to the south cardinal mark known as S6•to the special mark known as S4•to the special mark known as EU1.sch 2 s 128 sub 2020 SL No. 236 s 159
129Burnett River from near Bundaberg to near Millaquin Sugar Mill
The Burnett River, Bundaberg between the railway bridge and the shortest straight line across the river from the pump station at the Millaquin Sugar Mill.sch 2 s 129 prev sch 2 s 129 om 2020 SL No. 236 s 16 (6)
pres sch 2 s 129 ins 2020 SL No. 236 s 159
The area near Gladstone within the following boundary—•from the green beacon near the northern shore at the mouth of Auckland Inlet to the rear lead at Targinie Channel, Middle Bank•to Permain Point on the southern tip of Picnic Island•along the western shore of Picnic Island to its northern tip•to the northern tip of Clinton Coal Wharf•to the shore on the northern side of the wharf•to the green beacon near the northern shore at the mouth of Auckland Inlet.sch 2 s 130 sub 2020 SL No. 236 s 159
Waters near Double Head, near Yeppoon, within the following boundary—•from the intersection of latitude 23º10.40' south with the mainland shore (near Bluff Point)•to latitude 23º10.40' south, longitude 150º48.56' east•to latitude 23º09.65' south, longitude 150º48.56' east•to Double Head•to Wreck Point•along the shore to latitude 23º10.40' south.sch 2 s 131 sub 2020 SL No. 236 s 159
Waters west of Stone Island, near Bowen, within the following boundary—•from Dalrymple Point to the western side of South Head, Stone Island•along the western shore of Stone Island to the tip of the sand spit at the island’s south-western tip•to the lead known as M5•to Dalrymple Point.sch 2 s 132 sub 2020 SL No. 236 s 159
133Area west of Cape Cleveland
Waters west of Cape Cleveland within the following boundary—•from Cape Cleveland along the shore to longitude 147º00.07' east•along longitude 147º00.07' east to latitude 19º11.91' south•along latitude 19º11.91' south to the shore•along the shore to Cape Cleveland.sch 2 s 133 sub 2020 SL No. 236 s 159
134Area west of Magnetic Island
Waters west of Magnetic Island within the following boundary—•from latitude 19º07.91' south, on the western shore of Magnetic Island, along the latitude to longitude 146º46.07' east•along longitude 146º46.07' east to latitude 19º08.91' south•along latitude 19º08.91' south to the shore of Magnetic Island•along the shore to latitude 19º07.91' south.sch 2 s 134 sub 2020 SL No. 236 s 159
135Part of North East Bay (Great Palm Island)
North East Bay (Great Palm Island) within the following boundary—•from longitude 146º41.07' east, on the northern shore of Great Palm Island, along the longitude to latitude 18º42.91' south•along latitude 18º42.91' south to longitude 146º40.07' east•along longitude 146º40.07' east to the shore of Great Palm Island•along the shore to longitude 146º41.07' east.sch 2 s 135 sub 2020 SL No. 236 s 159
136Lucinda Services Jetty area
Waters within a 1km radius of the seaward end of the Lucinda Services Jetty, Lucinda.sch 2 s 136 sub 2020 SL No. 236 s 159
sch 2 pt 4 hdg sub 2020 SL No. 236 s 159
sch 2 pt 4 div 1 hdg sub 2020 SL No. 236 s 159
(1)This division describes trawl regions for effort units.(2)Some trawl regions also form the part of the fishery area within which fish may be taken by trawling, or may be or must not be taken in a particular way, under particular licences.sch 2 s 137 sub 2020 SL No. 236 s 159
The northern trawl region consists of the area of the tidal waters within the following boundary—•from latitude 10º41.25' south, longitude 142º31.88' east•to latitude 12º59.91' south, longitude 145º00.06' east•to latitude 10º41.25' south, longitude 145º00.06' east•to latitude 14º59.94' south, longitude 146º00.45' east•to latitude 18º00.00' south, longitude 148º06.12' east•to latitude 18º00.00' south, longitude 146º04.15' east•along the shore to latitude 17º36.09' south, longitude 146º07.95' east (Hall Point)•to latitude 17º35.98' south, longitude 146º07.73' east (Goodman Point)•along the shore to latitude 17º30.65' south, longitude 146º04.22' east•to latitude 17º30.31' south, longitude 146º04.63' east (Flying Fish Point)•along the shore to latitude 16º55.36' south, longitude 145º47.21' east (Stafford Point)•to latitude 16º55.07' south, longitude 145º46.92' east (northern breakwall end at the entrance to Cairns Port)•along the breakwall and shore to latitude 16º28.69' south, longitude 145º27.85' east (Island Point)•to latitude 16º28.83' south, longitude 145º27.34' east•along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland)•to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders)•to latitude 10º41.25' south, longitude 142º31.88' east.sch 2 s 138 sub 2020 SL No. 236 s 159
The central trawl region consists of the area of tidal waters within the following boundary—•from latitude 18º00.00' south, longitude 146º04.15' east•to latitude 18º00.00' south, longitude 148º06.12' east•to latitude 18º19.88' south, longitude 148º20.04' east•to latitude 18º44.89' south, longitude 152º35.04' east•to latitude 21º09.05' south, longitude 154º00.87' east•to latitude 21º08.97' south, longitude 152º48.00' east•to latitude 21º08.04' south, longitude 152º33.12' east•to latitude 22º00.00' south, longitude 152º46.87' east•to latitude 22º00.00' south, longitude 149º29.83' east•along the shore to latitude 22º00.00' south, longitude 149º29.68' east•along the shore to latitude 21º28.42' south, longitude 149º20.53' east (Allom Point)•to latitude 21º25.91' south, longitude 149º20.20' east (Freshwater Point)•along the shore to latitude 21º14.71' south, longitude 149º15.36' east (Dudgeon Point)•to latitude 21º12.60' south, longitude 149º11.73' east•along the shore to latitude 21º08.84' south, longitude 149º12.63' east•to latitude 21º08.86' south, longitude 149º13.26' east (East Point)•along the shore and breakwall to latitude 21º06.38' south, longitude 149º14.10' east (southern breakwall at Mackay outer harbour)•to latitude 21º06.27' south, longitude 149º13.95' east (northern breakwall at Mackay outer harbour)•along the breakwall and shore to latitude 20º29.44' south, longitude 148º42.91' east•to latitude 20º28.89' south, longitude 148º44.21' east•along the shore to latitude 20º06.80' south, longitude 148º26.81' east•to latitude 20º09.54' south, longitude 148º25.36' east•along the shore and wharf to latitude 20º01.38' south, longitude 148º15.11' east•to latitude 20º01.48' south, longitude 148º15.95' east (Dalrymple Point)•along the shore to latitude 19º16.24' south, longitude 146º50.15' east•to latitude 19º16.13' south, longitude 146º50.13' east•to latitude 19º15.32' south, longitude 146º50.80' east•to latitude 19º14.57' south, longitude 146º50.14' east•to latitude 19º14.62' south, longitude 146º50.00' east•to latitude 19º15.01' south, longitude 146º49.74' east•to latitude 19º14.97' south, longitude 146º49.43' east•to latitude 19º14.98' south, longitude 146º49.35' east•along the shore to latitude 18º00.00' south, longitude 146º04.15' east.sch 2 s 139 sub 2020 SL No. 236 s 159
140Southern inshore trawl region
The southern inshore trawl region consists of the area of tidal waters within the following boundary—•from latitude 22º00.00' south, longitude 149º29.83' east•to latitude 22º00.00' south, longitude 152º46.87' east•to latitude 22º26.57' south, longitude 152º53.90' east•to latitude 22º32.00' south, longitude 152º17.11' east•to latitude 23º12.76' south, longitude 151º50.85' east•to latitude 24º13.68' south, longitude 152º45.45' east•to latitude 24º15.16' south, longitude 152º58.10' east•to latitude 24º17.69' south, longitude 153º02.83' east•to latitude 24º17.69' south, longitude 153º03.04' east•to latitude 24º41.81' south, longitude 153º15.95' east•along the western shore of Fraser Island to latitude 25º13.50' south, longitude 152º59.50' east (Sandy Point)•to latitude 25º14.47' south, longitude 152º49.21' east (Point Vernon)•along the shore to latitude 24º45.45' south, longitude 152º24.76' east (South Head)•to latitude 24º44.83' south, longitude 152º23.84' east•along the shore to latitude 24º00.15' south, longitude 151º44.50' east (Chews Point)•to latitude 24º01.31' south, longitude 151º43.65' east (Pancake Point)•along the shore to latitude 24º00.50' south, longitude 151º36.22' east•to latitude 24º03.30' south, longitude 151º37.90' east (Blackney Point)•along the shore to latitude 24º02.22' south, longitude 151º33.87' east (Innes Head)•to latitude 24º01.98' south, longitude 151º32.75' east (Norton Point)•along the shore to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point)•to latitude 23º59.38' south, longitude 151º25.67' east•along the shore to latitude 23º56.23' south, longitude 151º21.42' east•to latitude 23º56.13' south, longitude 151º21.26' east (near Boyne Island)•along the shore to latitude 23º51.12' south, longitude 151º18.70' east (South Trees Wharf)•to latitude 23º51.22' south, longitude 151º17.77' east (Parsons Point)•along the shore to latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point)•to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island)•along the eastern shore of Curtis Island to latitude 23º30.90' south, longitude 150º59.64' east (unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet)•to latitude 23º28.77' south, longitude 150º52.38' east•along the shore and breakwall to latitude 23º09.52' south, longitude 150º47.33' east (southern tip of Rosslyn Bay breakwall)•to latitude 23º09.52' south, longitude 150º47.10' east (northern end of Rosslyn Bay breakwall)•along the breakwall and shore to latitude 22º57.85' south, longitude 150º46.65' east (Sandy Point)•to latitude 22º56.62' south, longitude 150º47.64' east•along the shore to latitude 22º32.18' south, longitude 150º47.36' east (Cape Clinton)•to latitude 22º28.21' south, longitude 150º45.42' east (Northeast Point)•along the shore to latitude 22º20.67' south, longitude 149º54.78' east•to latitude 22º23.01' south, longitude 149º48.55' east (Charon Point)•along the shore to latitude 22º20.90' south, longitude 149º41.53' east•to latitude 22º00.00' south, longitude 149º29.83' east.sch 2 s 140 sub 2020 SL No. 236 s 159
141Southern offshore trawl region A
The southern offshore trawl region A consists of the area of tidal waters within the following boundary—•from latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark)•along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)•to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east•along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east•to latitude 27º43.43' south, longitude 153º27.26' east•along the eastern shore of North Stradbroke Island to latitude 27º23.64' south, longitude 153º26.40' east (Amity Point)•to latitude 27º21.82' south, longitude 153º25.68' east (Reeders Point)•along the eastern shore of Moreton Island to latitude 27º03.68' south, longitude 153º21.71' east (Comboyuro Point)•to the southern tip of the sand spit between Kings Beach and Bulcock Beach, Caloundra•along the shore to latitude 25º48.68' south, longitude 153º03.89' east (F↑B sign at Inskip Point)•to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point)•along the eastern shore of Fraser Island to latitude 24º41.81' south, longitude 153º15.95' east•to latitude 24º17.69' south, longitude 153º02.83' east•to latitude 24º15.16' south, longitude 152º58.10' east•to latitude 24º13.68' south, longitude 152º45.45' east•to latitude 23º12.76' south, longitude 151º50.85' east•to latitude 22º32.00' south, longitude 152º17.11' east•to latitude 22º26.57' south, longitude 152º53.90' east•to latitude 22º00.00' south, longitude 152º46.87' east•to latitude 21º08.04' south, longitude 152º33.12' east•to latitude 21º08.97' south, longitude 152º48.00' east•to latitude 21º09.05' south, longitude 154º00.87' east•to latitude 22º14.89' south, longitude 154º40.08' east•to latitude 27º47.32' south, longitude 154º40.08' east•to latitude 27º47.89' south, longitude 154º22.08' east•to latitude 27º57.91' south, longitude 154º00.06' east•to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark).sch 2 s 141 prev sch 2 s 141 om 2020 SL No. 236 s 16 (6)
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142Southern offshore trawl region B
The southern offshore trawl region B consists of the area of tidal waters within the following boundary—
•from latitude 27º57.91' south, longitude 154º00.06' east•to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark)•along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)•to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east•along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east•to latitude 27º43.43' south, longitude 153º27.26' east•along the eastern shore of North Stradbroke Island to latitude 27º26.06' south, longitude 153º32.78' east (Point Lookout)•to latitude 27º01.67' south, longitude 153º28.09' east (Cape Moreton)•to latitude 26º48.15' south, longitude 153º09.03' east (Caloundra Head)•along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour)•to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour)•along the shore to latitude 25º48.62' south, longitude 153º03.89' east (F↑B sign at Inskip Point)•to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point)•along the eastern shore of Fraser Island to latitude 24º41.83' south, longitude 153º16.00' east (Sandy Cape)•to latitude 24º17.69' south, longitude 153º03.04' east•to latitude 24º21.40' south, longitude 154º40.08' east•to latitude 27º47.32' south, longitude 154º40.08' east•to latitude 27º47.90' south, longitude 154º22.08' east•to latitude 27º57.91' south, longitude 154º00.06' east.sch 2 s 142 sub 2020 SL No. 236 s 159
The Moreton Bay trawl region consists of the area of the tidal waters within the following boundary—•from latitude 27º04.93' south on Bribie Island’s western shore (approximately latitude 27º04.93' south, longitude 153º09.48' east)•to latitude 27º09.19' south, longitude 153º03.91' east (the special mark flashing yellow light beacon off the Caboolture River)•to latitude 27º10.97' south, longitude 153º06.14' east (the special mark yellow flashing light beacon No. 1 at the entrance of the Scarborough Boat Harbour)•to latitude 27º11.03' south, longitude 153º07.97' east (the North Reef flashing green light beacon)•to latitude 27º14.51' south, longitude 153º07.40' east (the Garnet Rock flashing green light beacon off Margate)•to latitude 27º16.51' south, longitude 153º06.75' east (the Otter Rock flashing green light beacon off Woody Point)•to latitude 27º15.99' south, longitude 153º06.12' east•to latitude 27º19.44' south, longitude 153º06.44' east (the special mark flashing yellow light beacon off the banks of Cabbage Tree Creek)•to latitude 27º20.00' south, longitude 153º11.50' east (the Western Coffee Pot flashing green light beacon near the banks of the Brisbane River, marking the main shipping channel)•to latitude 27º18.63' south, longitude 153º12.48' east (No. 1 Entrance West flashing white and red light beacon of the main shipping channel of the Brisbane River)•to latitude 27º18.65' south, longitude 153º12.62' east (No. 2 Entrance East flashing yellow light beacon of the main shipping channel of the Brisbane River)•to latitude 27º20.07' south, longitude 153º11.62' east (the Eastern Coffee Pot flashing red light beacon)•to latitude 27º21.64' south, longitude 153º10.53' east (the east inner bar flashing red light beacon of the main shipping channel of the Brisbane River)•to latitude 27º22.19' south, longitude 153º14.18' east (the north cardinal beacon north of St Helena Island)•to latitude 27º24.34' south, longitude 153º14.50' east (the south cardinal light beacon south-east of St Helena Island)•to latitude 27º24.86' south, longitude 153º14.56' east (the red light beacon north-east of Green Island)•to latitude 27º26.93' south, longitude 153º14.70' east (the A S Huybers flashing red light beacon off King Island, near Wellington Point)•to latitude 27º30.30' south, longitude 153º19.35' east (the flashing green light beacon off the western tip of Peel Island)•to latitude 27º32.48' south, longitude 153º20.20' east (the west cardinal light beacon off the northern tip of the bank commonly known as Banana Bank)•to latitude 27º35.20' south, longitude 153º22.83' east (the green light beacon on the south-western side of the Pelican Banks)•to latitude 27º35.65' south, longitude 153º23.83' east (the south cardinal beacon at the southern tip of the Pelican Banks)•to latitude 27º34.70' south, longitude 153º24.27' east (the flashing red light beacon on the eastern side of the Pelican Banks)•to latitude 27º34.20' south, longitude 153º24.37' east (the flashing green light beacon off the western shore of North Stradbroke Island)•to latitude 27º32.17' south, longitude 153º24.07' east (the flashing green light beacon off Wallen Wallen)•to latitude 27º31.14' south, longitude 153º23.07' east (the special mark flashing yellow light beacon at the southern tip of Goat Island)•to latitude 27º30.20' south, longitude 153º23.99' east (the southern end of Harold Walker Jetty, Dunwich, North Stradbroke Island)•along the southern side of Harold Walker Jetty to latitude 27º30.14' south on North Stradbroke Island’s western shore (approximately latitude 27º30.14' south, longitude 153º24.08' east)•along North Stradbroke Island’s western shore to latitude 27º29.60' south, longitude 153º24.15' east (the jetty at One Mile Anchorage)•along the southern side of the jetty at One Mile Anchorage to latitude 27º29.58' south, longitude 153º24.13' east (the western end of the jetty at One Mile Anchorage)•to latitude 27º29.51' south, longitude 153º22.89' east (the south cardinal light beacon known as Douglas Light)•to latitude 27º27.25' south, longitude 153º19.98' east (the green light beacon that flashes every 6 seconds off Maroom Bank)•to latitude 27º25.99' south, longitude 153º17.41' east (the isolated danger beacon on Hope Banks)•to latitude 27º25.31' south, longitude 153º18.26' east (the flashing green light beacon north of Chain Banks)•to latitude 27º24.22' south, longitude 153º20.10' east (the northernmost red lateral beacon at the entrance to Rous Channel)•to latitude 27º18.70' south, longitude 153º23.10' east (the northernmost green lateral beacon at the entrance to Fraser’s Gutter)•to latitude 27º15.90' south, longitude 153º23.06' east•to latitude 27º15.90' south, longitude 153º23.61' east (Moreton Island’s western shore)•to latitude 26º48.53' south, longitude 153º07.99' east)•along the shore to latitude 27º05.08' south on Bribie Island’s eastern shore (Skirmish Point approximately latitude 27º05.08' south, longitude 153º12.43' east)•along Bribie Island’s eastern, southern and western shores to latitude 27º04.93' south on Bribie Island’s western shore.sch 2 s 143 sub 2020 SL No. 236 s 159
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This division describes particular areas within the fishery area for either or both of the following purposes—(a)to identify the part of the fishery area within which fish may be taken by trawling under particular licences;(b)for the application of particular restrictions or conditions about the use of nets to take fish by trawling under particular licences.sch 2 s 144 sub 2020 SL No. 236 s 159
145Meaning of Cleveland Bay area
Cleveland Bay area means Cleveland Bay, near Townsville, south of a line from Cape Pallarenda to Cape Cleveland.sch 2 s 145 sub 2020 SL No. 236 s 159
146Meaning of deep water net area
The deep water net area means tidal waters within the following boundary—
•from latitude 28º03.48' south, longitude 153º47.06' east•to latitude 27º25.90' south, longitude 153º39.06' east•to latitude 27º01.90' south, longitude 153º31.26' east•to latitude 26º40.90' south, longitude 153º31.06' east•to latitude 26º29.90' south, longitude 153º34.06' east•to latitude 26º19.90' south, longitude 153º40.76' east•to latitude 26º09.90' south, longitude 153º50.06' east•to latitude 24º59.90' south, longitude 153º35.06' east•to latitude 24º29.90' south, longitude 153º20.06' east•to latitude 24º21.05' south, longitude 153º08.83' east (the Breaksea Spit light, off the northern tip of Fraser Island)•to latitude 24º06.88' south, longitude 152º42.68' east (the light on Lady Elliot Island)•to latitude 23º54.49' south, longitude 152º23.38' east (the light on Lady Musgrave Island)•to latitude 23º11.13' south, longitude 151º54.16' east (the light on North Reef)•to latitude 22º34.40' south, longitude 151º56.06' east•to latitude 22º44.90' south, longitude 152º10.56' east•to latitude 22º38.63' south, longitude 152º43.43' east•to latitude 22º19.18' south, longitude 153º00.32' east•to latitude 22º00.00' south, longitude 152º56.58' east•to latitude 21º36.68' south, longitude 152º51.62' east•to latitude 21º20.00' south, longitude 152º48.10' east•to latitude 21º12.30' south, longitude 152º42.10' east•to latitude 21º01.40' south, longitude 152º39.56' east•to latitude 20º54.97' south, longitude 152º15.39' east•to latitude 20º52.31' south, longitude 152º02.46' east•to latitude 20º51.91' south, longitude 151º57.41' east•to latitude 20º55.00' south, longitude 151º45.50' east•to latitude 20º48.09' south, longitude 151º31.38' east•to latitude 20º46.78' south, longitude 151º29.13' east•to latitude 20º44.50' south, longitude 151º25.31' east•to latitude 20º42.67' south, longitude 151º22.73' east•to latitude 20º36.96' south, longitude 151º15.16' east•to latitude 20º30.27' south, longitude 151º07.61' east•to latitude 20º26.54' south, longitude 151º04.02' east•to latitude 20º18.86' south, longitude 150º58.23' east•to latitude 20º04.61' south, longitude 150º48.61' east•to latitude 19º56.81' south, longitude 150º42.56' east•to latitude 19º49.08' south, longitude 150º30.06' east•to latitude 19º59.91' south, longitude 150º30.06' east•to latitude 19º39.91' south, longitude 150º02.06' east•to latitude 19º29.91' south, longitude 149º49.06' east•to latitude 19º29.91' south, longitude 149º57.42' east•to latitude 19º17.66' south, longitude 149º34.06' east•to latitude 18º59.14' south, longitude 148º50.22' east•to latitude 18º50.19' south, longitude 148º22.26' east•to latitude 18º45.64' south, longitude 148º09.21' east•to latitude 18º42.97' south, longitude 148º05.16' east•to latitude 18º37.98' south, longitude 147º58.24' east•to latitude 18º29.24' south, longitude 147º49.77' east•to latitude 18º21.41' south, longitude 147º37.76' east•to latitude 18º19.31' south, longitude 147º24.77' east•to latitude 18º14.91' south, longitude 147º24.27' east•to latitude 18º11.41' south, longitude 147º15.07' east•to latitude 18º09.91' south, longitude 147º10.86' east•to latitude 18º02.84' south, longitude 147º01.90' east•to latitude 17º50.67' south, longitude 146º50.97' east•to latitude 17º45.36' south, longitude 146º48.82' east•to latitude 17º13.71' south, longitude 146º38.57' east•to latitude 16º59.91' south, longitude 146º32.57' east•to latitude 16º55.91' south, longitude 146º30.07' east•to latitude 16º43.41' south, longitude 146º20.07' east•to latitude 16º24.41' south, longitude 146º05.07' east•to latitude 16º15.91' south, longitude 146º01.07' east•to latitude 16º09.91' south, longitude 145º56.07' east•to latitude 15º59.91' south, longitude 145º50.57' east•to latitude 15º59.91' south, longitude 145º56.07' east•to latitude 16º29.91' south, longitude 146º15.07' east•to latitude 16º59.91' south, longitude 146º38.07' east•to latitude 17º45.41' south, longitude 147º00.07' east•to latitude 18º09.91' south, longitude 147º30.07' east•to latitude 18º29.91' south, longitude 148º00.06' east•to latitude 18º42.39' south, longitude 149º00.06' east•to latitude 17º29.91' south, longitude 147º00.07' east•to latitude 14º59.91' south, longitude 146º00.07' east•to latitude 18º19.91' south, longitude 148º20.06' east•to latitude 18º44.91' south, longitude 152º35.06' east•to latitude 22º14.90' south, longitude 154º40.06' east•to latitude 27º47.90' south, longitude 154º40.06' east•to latitude 27º47.90' south, longitude 154º22.06' east•to latitude 27º57.90' south, longitude 154º00.06' east•to latitude 28º03.48' south, longitude 153º47.06' east.sch 2 s 146 sub 2020 SL No. 236 s 159
147Meaning of Facing Island area
Facing Island area means tidal waters within the following boundary—•from latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point)•to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island)•to latitude 23º45.25' south, longitude 151º19.93' east (North Point, Facing Island)•along the western shore to latitude 23º52.85' south, longitude 151º22.44' east (Gatcombe Head)•to latitude 23º53.33' south, longitude 151º30.88' east (Fairway Buoy (Wild Cattle Cutting))•to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point)•along the shore to latitude 23º49.93' south, longitude 151º15.22' east.sch 2 s 147 sub 2020 SL No. 236 s 159
148Meaning of Fitzroy River mouth area
Fitzroy River mouth area means Keppel Bay and adjoining rivers and creeks, south and west of the following line—•from Cattle Point to an unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet•along the western shore of Curtis Island to the southern bank of Barker Creek•across The Narrows to the southern bank of Deception Creek at Division Point.sch 2 s 148 sub 2020 SL No. 236 s 159
Hervey Bay area means Hervey Bay between latitude 25º04.90' south and a line—•from longitude 152º49.40' east on the mainland shore (the eastern tip of Point Vernon, approximately latitude 25º14.72' south, longitude 152º49.40' east)•to latitude 25º13.05' south, longitude 152º59.05' east (Sandy Point, Fraser Island).sch 2 s 149 sub 2020 SL No. 236 s 159
Keppel Bay area means Keppel Bay within the following boundary—•from latitude 23º30.90' south, longitude 150º59.64' east (an unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet)•along the shore to latitude 23º28.76' south, longitude 150º59.48' east (Warner Point)•to latitude 23º24.97' south, longitude 150º51.15' east (Quartz Rock)•to latitude 23º25.98' south, longitude 150º49.80' east•to latitude 23º28.77' south, longitude 150º52.38' east (Cattle Point)•to latitude 23º30.90' south, longitude 150º59.64' east.sch 2 s 150 sub 2020 SL No. 236 s 159
Laguna Bay area means tidal waters within the following boundary—•from the intersection of latitude 26º15.90' south with the mainland shore (near Teewah at approximately latitude 26º15.90' south, longitude 153º04.20' east)•to latitude 26º22.54' south, longitude 153º06.98' east (eastern tip of Noosa Head)•then along the mainland shore to its intersection with latitude 26º15.90' south.sch 2 s 151 sub 2020 SL No. 236 s 159
152Meaning of Repulse Bay area
Repulse Bay area means Repulse Bay, near Proserpine, within the following boundary—•from Rocky Point along the shore to the northern bank of the O’Connell River•east for 2n miles•to Rocky Point.sch 2 s 152 sub 2020 SL No. 236 s 159
The T1 area means tidal waters within the following boundary—
•from latitude 27º57.91' south, longitude 154º00.06' east•to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark)•along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)•to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east•along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east•to latitude 27º43.43' south, longitude 153º27.26' east•along the eastern shore of North Stradbroke Island to latitude 27º23.64' south, longitude 153º26.40' east (Amity Point)•to latitude 27º21.82' south, longitude 153º25.68' east (Reeders Point)•along the eastern shore of Moreton Island to latitude 27º03.68' south, longitude 153º21.71' east (Comboyuro Point)•to latitude 27º05.08' south, longitude 153º12.43' east (Skirmish Point)•along the eastern shore of Bribie Island to latitude 26º50.05' south, longitude 153º07.78' east•to latitude 26º48.38' south, longitude 153º08.36' east (southern end of Kings Beach)•along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour)•to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour)•along the shore to latitude 25º48.68' south, longitude 153º03.89' east (F↑B sign at Inskip Point)•to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point)•along the eastern shore of Fraser Island to latitude 25º13.50' south, longitude 152º59.50' east (Sandy Point)•to latitude 25º14.47' south, longitude 152º49.21' east (Point Vernon)•along the shore to latitude 24º45.45' south, longitude 152º24.76' east (South Head)•to latitude 24º44.83' south, longitude 152º23.84' east•along the shore to latitude 24º00.15' south, longitude 151º44.50' east (Chews Point)•to latitude 24º01.31' south, longitude 151º43.65' east (Pancake Point)•along the shore to latitude 24º00.50' south, longitude 151º36.22' east•to latitude 24º03.30' south, longitude 151º37.90' east (Blackney Point)•along the shore to latitude 24º02.22' south, longitude 151º33.87' east (Innes Head)•to latitude 24º01.98' south, longitude 151º32.75' east (Norton Point)•along the shore to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point)•to latitude 23º59.38' south, longitude 151º25.67' east•along the shore to latitude 23º56.23' south, longitude 151º21.42' east•to latitude 23º56.13' south, longitude 151º21.26' east (near Boyne Island)•along the shore to latitude 23º51.12' south, longitude 151º18.70' east (South Trees Wharf)•to latitude 23º51.22' south, longitude 151º17.77' east (Parsons Point)•along the shore to latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point)•to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island)•along the eastern shore of Curtis Island to latitude 23º30.90' south, longitude 150º59.64' east (unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet)•to latitude 23º28.77' south, longitude 150º52.38' east•along the shore and breakwall to latitude 23º09.52' south, longitude 150º47.33' east (southern tip of Rosslyn Bay breakwall)•to latitude 23º09.52' south, longitude 150º47.10' east (northern end of Rosslyn Bay breakwall)•along the breakwall and shore to latitude 22º57.85' south, longitude 150º46.65' east (Sandy Point)•to latitude 22º56.62' south, longitude 150º47.64' east•along the shore to latitude 22º32.18' south, longitude 150º47.36' east (Cape Clinton)•to latitude 22º28.21' south, longitude 150º45.42' east (Northeast Point)•along the shore to latitude 22º20.67' south, longitude 149º54.78' east•to latitude 22º23.01' south, longitude 149º48.55' east (Charon Point)•along the shore to latitude 22º20.90' south, longitude 149º41.53' east•to latitude 22º00.00' south, longitude 149º29.68' east•along the shore to latitude 21º28.42' south, longitude 149º20.53' east (Allom Point)•to latitude 21º25.91' south, longitude 149º20.20' east (Freshwater Point)•along the shore to latitude 21º14.71' south, longitude 149º15.36' east (Dudgeon Point)•to latitude 21º12.60' south, longitude 149º11.73' east•along the shore to latitude 21º08.84' south, longitude 149º12.63' east•to latitude 21º08.86' south, longitude 149º13.26' east (East Point)•along the shore and breakwall to latitude 21º06.38' south, longitude 149º14.10' east (southern breakwall at Mackay outer harbour)•to latitude 21º06.27' south, longitude 149º13.95' east (northern breakwall at Mackay outer harbour)•along the breakwall and shore to latitude 20º29.44' south, longitude 148º42.91' east•to latitude 20º28.89' south, longitude 148º44.21' east•along the shore to latitude 20º06.80' south, longitude 148º26.81' east•to latitude 20º09.54' south, longitude 148º25.36' east•along the shore and wharf to latitude 20º01.38' south, longitude 148º15.11' east•to latitude 20º01.48' south, longitude 148º15.95' east (Dalrymple Point)•along the shore to latitude 19º16.24' south, longitude 146º50.15' east•to latitude 19º16.13' south, longitude 146º50.13' east•to latitude 19º15.32' south, longitude 146º50.80' east•to latitude 19º14.57' south, longitude 146º50.14' east•to latitude 19º14.62' south, longitude 146º50.00' east•to latitude 19º15.01' south, longitude 146º49.74' east•to latitude 19º14.97' south, longitude 146º49.43' east•to latitude 19º14.98' south, longitude 146º49.35' east•along the shore to latitude 17º36.09' south, longitude 146º07.95' east (Hall Point)•to latitude 17º35.98' south, longitude 146º07.73' east (Goodman Point)•along the shore to latitude 17º30.65' south, longitude 146º04.22' east•to latitude 17º30.31' south, longitude 146º04.63' east (Flying Fish Point)•along the shore to latitude 16º55.36' south, longitude 145º47.21' east (Stafford Point)•to latitude 16º55.07' south, longitude 145º46.92' east (northern breakwall end at the entrance to Cairns Port)•along the breakwall and shore to latitude 16º28.69' south, longitude 145º27.85' east (Island Point)•to latitude 16º28.83' south, longitude 145º27.34' east•along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland)•to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders)•along the shore to latitude 10º41.25' south, longitude 142º31.86' east (tip of Cape York Peninsula)•to latitude 10º41.25' south, longitude 145º00.06' east•to latitude 12º59.91' south, longitude 145º00.06' east•to latitude 14º59.91' south, longitude 146º00.06' east•to latitude 18º19.91' south, longitude 148º20.04' east•to latitude 18º44.90' south, longitude 152º35.04' east•to latitude 22º14.90' south, longitude 154º40.08' east•to latitude 27º47.32' south, longitude 154º40.08' east•to latitude 27º47.90' south, longitude 154º22.08' east•to latitude 27º57.91' south, longitude 154º00.06' east.sch 2 s 153 amd 2020 SL No. 236 s 16 (7)–(8)
sub 2020 SL No. 236 s 159
(1)The T5 area means all tidal waters of the following—(a)the Brisbane River–Victoria Bridge to Juno Point area described in subsection (2);(b)the Brisbane River mouth area described in subsection (3);(c)the Noosa River and lakes connected to the Noosa River;(d)the Laguna Bay area;(e)the Logan River area described in subsection (4);(f)other rivers or creeks south of Double Island Point.(2)The Brisbane River–Victoria Bridge to Juno Point area means Brisbane River between the Victoria Bridge and a line from the F↑B sign at Juno Point to the tip of the eastern bank of the river.(3)The Brisbane River mouth area means tidal waters within the following boundary—•from latitude 27º21.74' south on the mainland shore (Juno Point approximately latitude 27º21.74' south, longitude 153º09.27' east)•to latitude 27º20.54' south, longitude 153º10.13' east (the second green beacon marking the Koopa Channel)•to latitude 27º20.00' south, longitude 53º11.50' east (the Western Coffee Pot beacon)•to latitude 27º18.63' south, longitude 153º12.48' east (No. 1 Entrance West flashing white and red light beacon of the main shipping channel of the Brisbane River)•to latitude 27º18.65' south, longitude 153º12.62' east (No. 2 Entrance East flashing yellow light beacon of the main shipping channel of the Brisbane River)•to latitude 27º20.07' south, longitude 153º11.63' east (the Eastern Coffee Pot beacon)•to latitude 27º21.74' south on the mainland shore.(4)The Logan River area means Logan River and adjoining waterways, upstream of the line—•from the intersection of the mainland shore with longitude 153º19.20' east (at approximately latitude 27º40.50' south) to latitude 27º40.40' south, longitude 153º19.50' east•to latitude 27º41.50' south, longitude 153º21.10' east•to the intersection of the mainland shore with longitude 153º21.10' east (at approximately latitude 27º41.90' south).sch 2 s 154 sub 2020 SL No. 236 s 159
(1)The T6 area means all tidal waters of the following—(a)the Great Sandy Strait area described in subsection (2);(b)the Hervey Bay area;(c)rivers and creeks between Double Island Point and the northern bank of the Burrum River.(2)The Great Sandy Strait area means the Great Sandy Strait between the following lines—•a line from the F↑B sign at the mouth of Pulgul Creek to the F↑B sign at the southern tip of Big Woody Island, and then to the F↑B sign at Blackfellow Point, Fraser Island•a line from the F↑B sign at North Head, Mary River to the F↑B sign at North White Cliffs, Fraser Island.sch 2 s 155 sub 2020 SL No. 236 s 159
(1)The T7 area means all tidal waters of the following—(a)the Moore Park beach area described in subsection (2);(b)rivers and creeks between the northern bank of the Burrum River and Richards Point (Rodds Peninsula).(2)The Moore Park beach area means tidal waters within the following boundary—•from latitude 24º44'11" south, longitude 152º22'00" east on the mainland shore•to latitude 24º40'52" south, longitude 152º22'00" east•to latitude 24º40'58" south, longitude 152º19'10" east•to latitude 24º36'47" south, longitude 152º13'43" east•to latitude 24º35'28" south, longitude 152º10'44" east•to latitude 24º30'00" south, longitude 152º06'31" east•to latitude 24º30'01" south, longitude 152º02'33" east•along the mainland shore to latitude 24º44'11" south, longitude 152º22'00" east.sch 2 s 156 sub 2020 SL No. 236 s 159
The T8 area means all tidal waters of the following—(a)the Facing Island area;(b)the Keppel Bay area;(c)the Fitzroy River mouth area;(d)rivers and creeks between Richards Point (Rodds Peninsula) and Reef Point, south of Townshend Island.sch 2 s 157 sub 2020 SL No. 236 s 159
(1)The T9 area means all tidal waters of the following—(a)the Llewellyn Bay area described in subsection (2);(b)the Repulse Bay area;(c)the Sinclair Bay area described in subsection (3);(d)the Cleveland Bay area;(e)rivers and creeks that are part of the fishery area of the east coast trawl fishery between Reef Point, south of Townshend Island, and the northern tip of Cape York Peninsula.(2)The Llewellyn Bay area means Llewellyn Bay, near Sarina, west of a line—•from longitude 149º20.20' east on the mainland shore at Freshwater Point (approximately latitude 21º25.91' south, longitude 149º20.20' east)•to longitude 149º20.53' east on the mainland shore at Allom Point (approximately latitude 21º28.42' south, longitude 149º20.53' east).(3)The Sinclair Bay area means Sinclair Bay, near Bowen, within the following boundary—•from latitude 20º09.54' south, longitude 148º25.36' east on the shore to latitude 20º06.80' south, longitude 148º26.81' east on the shore•along the shore to latitude 20º09.54' south, longitude 148º25.36' east.sch 2 s 158 sub 2020 SL No. 236 s 159
sch 2 pt 5 hdg om 2020 SL No. 236 s 159
sch 2 pt 5 div 1 hdg om 2020 SL No. 236 s 159
sch 2 pt 5 div 2 hdg om 2020 SL No. 236 s 159
sch 2 pt 5 div 3 hdg om 2020 SL No. 236 s 159
sch 2 pt 5 div 4 hdg om 2020 SL No. 236 s 159
sch 2 pt 5 div 5 hdg om 2020 SL No. 236 s 159
sch 2 s 159 om 2020 SL No. 236 s 159
sch 2 s 160 om 2020 SL No. 236 s 159
sch 2 s 161 amd 2020 SL No. 236 s 16 (9)–(10)
sch 2 s 162 om 2020 SL No. 236 s 159
sch 2 pt 6 hdg om 2020 SL No. 236 s 159
sch 2 pt 6 div 1 hdg om 2020 SL No. 236 s 159
sch 2 pt 6 div 2 hdg om 2020 SL No. 236 s 159
sch 2 pt 6 div 3 hdg om 2020 SL No. 236 s 159
sch 2 s 163 om 2020 SL No. 236 s 159
sch 2 s 164 om 2020 SL No. 236 s 159
sch 2 s 165 om 2020 SL No. 236 s 159
sch 2 s 166 om 2020 SL No. 236 s 159
sch 2 s 167 om 2020 SL No. 236 s 159
sch 2 s 168 om 2020 SL No. 236 s 159
sch 2 s 169 amd 2020 SL No. 236 s 82 sch 1
sch 2 s 170 om 2020 SL No. 236 s 159
sch 2 s 171 om 2020 SL No. 236 s 159
sch 2 pt 7 hdg om 2020 SL No. 236 s 159
sch 2 pt 7 div 1 hdg om 2020 SL No. 236 s 159
sch 2 pt 7 div 2 hdg om 2020 SL No. 236 s 159
sch 2 s 172 om 2020 SL No. 236 s 159
sch 2 s 173 om 2020 SL No. 236 s 159
sch 2 s 174 om 2020 SL No. 236 s 159
sch 2 s 175 om 2020 SL No. 236 s 159
sch 2 s 176 om 2020 SL No. 236 s 159
sch 2 s 177 om 2020 SL No. 236 s 159
sch 2 s 178 om 2020 SL No. 236 s 159
sch 2 s 179 om 2020 SL No. 236 s 159
sch 2 s 180 om 2020 SL No. 236 s 159
sch 2 s 181 om 2020 SL No. 236 s 159
sch 2 s 182 om 2020 SL No. 236 s 159
sch 2 s 183 om 2020 SL No. 236 s 159
1Line fishery (other than Great Barrier Reef region)
The line fishery (other than Great Barrier Reef region) is the activity of fishing for the fish mentioned in section 4 in the fishery area, as provided under this part.
The fishery symbol for the fishery is ‘L1’.
The fishery area consists of the area of tidal waters south of latitude 24º30' south.
Fin fish, other than spanish mackerel or regulated coral reef fin fish, may be taken under the licence.
(1)Fin fish may be taken only by using fishing lines.(2)A person must not use more than 3 fishing lines at the same time.(3)The total number of hooks or lures attached to the lines must not be more than 6.A person might use—(a)1 fishing line with 6 hooks attached to it; or(b)3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.
sch 3 s 6 om 2020 SL No. 236 s 95
sch 3 pt 1 div 3 hdg om 2020 SL No. 236 s 17
sch 3 s 7 om 2020 SL No. 236 s 17
sch 3 s 8 om 2020 SL No. 236 s 17
sch 3 s 9 om 2020 SL No. 236 s 17
The line fishery (reef) is the activity of fishing for the fish mentioned in section 13 in the fishery area, as provided under this part.
The fishery symbols for the fishery are ‘L2’ and ‘L3’.
The fishery area consists of the area of all tidal waters within the following boundary—(a)from the northern tip of Cape York along latitude 10º41' south to longitude 145º east;(b)to latitude 13º south, longitude 145º east;(c)to latitude 15º south, longitude 146º east;(d)to latitude 17º30' south, longitude 147º east;(e)to latitude 21º south, longitude 152º55' east;(f)to latitude 24º30' south, longitude 154º east;(g)along latitude 24º30' south to the mainland shore;(h)along the shore to the northern tip of Cape York at latitude 10º41' south.
Fin fish, other than spanish mackerel or regulated coral reef fin fish, may be taken under the licence.sch 3 s 13 amd 2023 SL No. 194 s 10
(1)Fish may be taken only by using fishing lines.(2)A person must not use more than 3 fishing lines at the same time.(3)The total number of hooks or lures attached to the lines must not be more than 6.A person might use—(a)1 fishing line with 6 hooks attached to it; or(b)3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.
sch 3 s 15 om 2020 SL No. 236 s 96
sch 3 pt 2 div 3 hdg om 2020 SL No. 236 s 18
sch 3 s 16 om 2020 SL No. 236 s 18
sch 3 s 17 om 2020 SL No. 236 s 18
sch 3 s 18 om 2020 SL No. 236 s 18
19Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish)
The line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) is the activity of fishing for the fish mentioned in section 22 in the fishery area, as provided under this part.
The fishery symbol for the fishery is ‘L4’.
The fishery area consists of the area of all tidal waters in the Gulf of Carpentaria south of latitude 10º48' south.
Fin fish, other than the following fish, may be taken under the licence—(a)barramundi;(b)black jewfish;(c)blue threadfin;(d)giant queenfish;(e)king threadfin;(f)scaly jewfish;(g)silver javelin.
(1)Fish may be taken only by using fishing lines.(2)A person must not use more than 3 fishing lines at the same time.(3)The total number of hooks or lures attached to the lines must not be more than 6.A person might use—(a)1 fishing line with 6 hooks attached to it; or(b)3 fishing lines with 1 lure attached to 2 of the lines and 4 hooks attached to the other line.
sch 3 s 24 om 2020 SL No. 236 s 97
sch 3 pt 3 div 3 hdg om 2020 SL No. 236 s 19
sch 3 s 25 om 2020 SL No. 236 s 19
sch 3 s 26 om 2020 SL No. 236 s 19
sch 3 s 27 om 2020 SL No. 236 s 19
28Line fishery (multiple hook—east coast)
The line fishery (multiple hook—east coast) is the activity of fishing for the fish mentioned in section 31 in the fishery area, as provided under this part.
The fishery symbol for the fishery is ‘L8’.
The fishery area consists of the area of all tidal waters deeper than 200m that are east of longitude 142º31'49" east and the 200m bathometric line.
Fin fish, other than barramundi, snapper, spanish mackerel or regulated coral reef fin fish, may be taken under the licence.
(1)Fish may be taken only by using—(a)a line that is weighted so the line is vertical while it is being used in water (a drop line); or(b)a bottom set line.(2)A person must be within 100m of a line or group of lines while they are in use.(3)A bottom set line and a drop line must not be used at the same time.
(1)A drop line must not have more than 50 hooks attached to it.(2)No more than 6 drop lines may be used at the same time.(3)Each drop line must have attached to it a solid, light-coloured float that is no less than 30cm in any dimension.sch 3 s 33 amd 2020 SL No. 236 s 20 (1)
(1)A bottom set line must not have more than 300 hooks attached to it.(2)No more than 3 bottom set lines may be used at the same time.(3)However, if more than 1 bottom set line is used, the combined number of hooks on the lines must not be more than 300.(4)Each end of a bottom set line must have attached to it a solid, light-coloured float that is no less than 30cm in any dimension.sch 3 s 34 amd 2020 SL No. 236 s 20 (1)
sch 3 s 35 om 2020 SL No. 236 s 98
sch 3 pt 4 div 3 hdg om 2020 SL No. 236 s 20 (2)
sch 3 s 36 om 2020 SL No. 236 s 20 (2)
sch 3 s 37 om 2020 SL No. 236 s 20 (2)
sch 3 s 38 om 2020 SL No. 236 s 20 (2)
1Net fishery (general netting and ocean beach—area 1)
The net fishery (general netting and ocean beach—area 1) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K1’.
The fishery area consists of the area of all tidal waters within 400m of a line—(a)from a point on the shore at the State’s border with New South Wales along the shore to the seaward tip of the southern breakwater wall of the Gold Coast Seaway; and(b)then to the seaward tip of the northern breakwater wall of the Gold Coast Seaway; and(c)then along South Stradbroke Island’s eastern shore to 1km north of the northern breakwater wall of the Gold Coast Seaway on South Stradbroke Island.
4Net fishery (general netting and ocean beach—area 2)
The net fishery (general netting and ocean beach—area 2) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K2’.
The fishery area consists of the area of all tidal waters within 400m of a line—(a)from a point on the shore 1km south of the southern breakwater wall of the Gold Coast Seaway along the shore to the seaward tip of the breakwater wall; and(b)then to the seaward tip of the northern breakwater wall of the Gold Coast Seaway; and(c)then along South Stradbroke Island’s eastern shore to the island’s north-eastern tip.
7Net fishery (general netting and ocean beach—area 3)
The net fishery (general netting and ocean beach—area 3) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K3’.
The fishery area consists of the area of all tidal waters within 400m of a line—(a)from North Stradbroke Island’s south-eastern tip; and(b)then along North Stradbroke Island’s eastern and northern shores to the island’s north-western tip.
10Net fishery (general netting and ocean beach—area 4)
The net fishery (general netting and ocean beach—area 4) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K4’.
The fishery area consists of the area of all tidal waters within 400m of a line from the southern tip of Moreton Island along the island’s eastern and northern shores to Comboyuro Point.
13Net fishery (general netting and ocean beach—area 5)
The net fishery (general netting and ocean beach—area 5) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K5’.
The fishery area consists of the area of all tidal waters within 400m of a line—(a)from the F↑B sign at the southern end of South Esplanade, Bongaree, Bribie Island; and(b)then along Bribie Island’s western, southern and eastern shores to latitude 26º49.5' south where it intersects the eastern shore of Bribie Island.
16Net fishery (general netting and ocean beach—area 6)
The net fishery (general netting and ocean beach—area 6) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K6’.
The fishery area consists of the area of all tidal waters within 400m of a line—(a)from latitude 26º48.38' south, longitude 153º08.36' east (the groyne at the southern end of Kings Beach); and(b)then along the shore to the eastern tip of Point Cartwright.
19Net fishery (general netting and ocean beach—area 7)
The net fishery (general netting and ocean beach—area 7) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K7’.
The fishery area consists of the area of all tidal waters within 400m of a line from the eastern tip of Point Cartwright along the shore to the eastern tip of Noosa Heads.
22Net fishery (general netting and ocean beach—area 8)
The net fishery (general netting and ocean beach—area 8) is the activity of fishing for the fish mentioned in section 25 in the fishery area, as provided under division 9.
The fishery symbol for the fishery is ‘K8’.
The fishery area consists of the area of all tidal waters within 400m of—(a)a line—(i)from the eastern tip of Noosa Heads along the shore to the eastern tip of Inskip Point; and(ii)then to the southern tip of Fraser Island; and(iii)then along Fraser Island’s eastern shore to the island’s northern tip; and(b)the shore of Breaksea Spit.
sch 4 pt 1 div 9 hdg sub 2020 SL No. 236 s 21 (1)
sch 4 pt 1 div 9 hdg om 2020 SL No. 236 s 21 (1)
sch 4 pt 1 div 9 hdg om 2020 SL No. 236 s 21 (2)
Any fish, other than crabs, regulated coral reef fin fish and snapper, may be taken under the licence.sch 4 s 25 amd 2020 SL No. 236 s 160(1); 2023 SL No. 194 s 11
Fish may be taken only by using seine nets.
A seine net may be used only if the net—(a)is no longer than 500m; and(b)has—(i)a mesh size of at least 12mm but no more than 70mm; and(ii)a drop of at least 150 meshes for at least half of its length.
(1)Subject to subsections (2) and (3), fish may be taken only by—(a)a commercial fisher; and(b)at least 2, but no more than 4, assistant fishers.(2)Subsection (3) applies, if—(a)fish are taken by 2 or more commercial fishers jointly using 1 or more primary boats and seine nets; and(b)each of the primary boats may be used in the fishery under a primary commercial fishing licence.(3)The maximum number of assistant fishers is 4 for each commercial fisher.sch 4 s 28 amd 2020 SL No. 236 s 124 sch 2
29Prescribed ENL-ITQ fish may be taken only with unused entitlements
Prescribed ENL-ITQ fish may be taken in a prescribed ENL management region in an ENL-ITQ year only if the fish are taken under ENL-ITQ units with unused entitlements for the ENL-ITQ year.sch 4 s 29 prev sch 4 s 29 om 2020 SL No. 236 s 99
pres sch 4 s 29 ins 2020 SL No. 236 s 160(2)
Fish may be taken only from 1 April to 31 August.
sch 4 s 31 om 2020 SL No. 236 s 21 (2)
sch 4 s 32 om 2020 SL No. 236 s 21 (2)
sch 4 s 33 om 2020 SL No. 236 s 21 (2)
sch 4 pt 2 hdg om 2023 SL No. 194 s 12
sch 4 pt 2 div 1 hdg om 2023 SL No. 194 s 12
sch 4 s 34 om 2023 SL No. 194 s 12
sch 4 s 35 om 2023 SL No. 194 s 12
sch 4 s 36 om 2023 SL No. 194 s 12
sch 4 pt 2 div 2 hdg om 2023 SL No. 194 s 12
sch 4 pt 2 div 2 sdiv 1 hdg om 2023 SL No. 194 s 12
sch 4 s 37 amd 2020 SL No. 236 s 161(1)
sch 4 s 38 om 2023 SL No. 194 s 12
sch 4 s 39 om 2020 SL No. 236 s 100
sch 4 pt 2 div 2 sdiv 2 hdg om 2023 SL No. 194 s 12
sch 4 s 40 om 2023 SL No. 194 s 12
sch 4 s 41 om 2023 SL No. 194 s 12
sch 4 s 42 om 2023 SL No. 194 s 12
sch 4 s 43 amd 2020 SL No. 236 s 161(2)–(3) (amd 2021 SL No. 29 s 32); 2022 SL N o. 174 s 3
sch 4 s 44 om 2023 SL No. 194 s 12
sch 4 s 45 amd 2020 SL No. 236 ss 22(1), 161(4)–(5) (amd 2021 SL No. 29 s 32); 2022 SL No. 174 s 3
sch 4 s 46 om 2020 SL No. 236 s 22 (2)
sch 4 s 47 amd 2020 SL No. 236 ss 22(3)–(5), 161(6) (amd 2021 SL No. 29 s 32)
sch 4 s 48 amd 2020 SL No. 236 s 161(7) (amd 2021 SL No. 29 s 32); 2022 SL No. 174 s 3