1Short titleThis regulation may be cited as the Fisheries (Sustainability of Molluscs and Black Jewfish) Amendment Regulation 2019.2CommencementSections 5, 7, 9(2) and 11 commence on 13 May 2019.3Regulation amendedThis regulation amends the Fisheries Regulation 2008.4Omission of ch 2, pt 5, div 7 (Gastropods or bivalve molluscs)Chapter 2, part 5, division 7—omit.5Amendment of s 139 (Fish declared to be regulated fish in more than 1 way)Section 139, example, from ‘black’ to ‘waters’—omit, insert—, Australian bass6Replacement of s 175 (Possession of mollusc shells)Section 175—omit, insert—175Person taking or possessing empty mollusc shellsA person may—

(a)take an empty mollusc shell if the person does not take the shell for trade or commerce; or

(b)possess a shell taken under paragraph (a).

7Insertion of new ch 16, pt 2, div 9Chapter 16, part 2—insert—Division 9Transitional provision for Fisheries (Sustainability of Molluscs and Black Jewfish) Amendment Regulation 2019765Prescribed commercial catch for black jewfish for 2019(1)For 2019, the prescribed commercial catch for black jewfish is the total weight of fish of the species taken by all commercial fishers that is—

(a)calculated periodically by the chief executive from the commencement to the day the calculation is made; and

(b)published by the chief executive in a form that is likely to be accessible for commercial fishers.Examples of a form of publication for paragraph (b)—a recorded message on the AIVR system or a notice published on the department’s website

(2)Subsection (1) applies despite schedule 11, part 2, definition prescribed commercial catch, paragraph (b).8Amendment of sch 1 (Regulated waters)Schedule 1, part 2, entries for Wynnum (gastropod area), Nudgee Beach, Bramble Bay and Deception Bay—omit.9Amendment of sch 2 (Regulated fish declarations)(1)Schedule 2, part 2, after entry for billfish—insert—bivalve mollusc or gastropod, other than pipia person—(a)taking the fish in—(i)the Moreton Bay Marine Park mentioned and described in the Marine Parks (Declaration) Regulation 2006, schedule 1; or(ii)tidal waters or foreshores of waterways that flow into the marine park; or(b)possessing the fish taken under paragraph (a)(2)Schedule 2, part 2, entry for black jewfish—omit, insert—black jewfish1if the prescribed commercial catch for the fish in waters other than the Gulf of Carpentaria waters is more than 20t—a person taking the fish for trade or commerce in the waters or possessing the fish taken for trade or commerce in the waters2if the prescribed commercial catch for the fish in the Gulf of Carpentaria waters is more than 6t—a person taking the fish for trade or commerce in the waters or possessing the fish taken for trade or commerce in the watersFthe fish in a form other than wholea person possessing the fish on a boatNmore than 1a recreational fisher taking or possessing the fishSless than 60cma person taking the fish in the Gulf of Carpentaria waters or possessing the fish taken in the watersSless than 75cma person taking the fish in waters other than the Gulf of Carpentaria waters or possessing the fish taken in the waters10Amendment of sch 6 (Glossary of scientific names for particular fish other than regulated coral reef fin fish)Schedule 6, part 5—insert—bivalve molluscclass Bivalviagastropodclass Gastropodapipifamily Donacidae11Amendment of sch 11 (Dictionary)Schedule 11, part 2, definition prescribed commercial catch—omit, insert—prescribed commercial catch means—

(a)for a species of fish other than black jewfish—the total weight of fish of the species taken by all commercial fishers that is—

(i)calculated periodically by the chief executive from the end of the previous 30 June to the day the calculation is made; and

(ii)published by the chief executive in a form that is likely to be accessible for commercial fishers; orExamples of a form of publication for subparagraph (ii)—a recorded message on the AIVR system or a notice published on the department’s website

(b)for black jewfish—the total weight of fish of the species taken by all commercial fishers that is—

(i)calculated periodically by the chief executive from the end of the previous 31 December to the day the calculation is made; and

(ii)published by the chief executive in a form that is likely to be accessible for commercial fishers.Examples of a form of publication for subparagraph (ii)—a recorded message on the AIVR system or a notice published on the department’s website