Part 1Preliminary1Short titleThis regulation may be cited as the Fisheries Legislation (Saucer Scallops) Amendment Regulation 2026.Part 2Amendment of Fisheries (Commercial Fisheries) Regulation 20192Regulation amendedThis part amends the Fisheries (Commercial Fisheries) Regulation 2019.3Replacement of sch 2, pt 3, div 3 (Conditions about processing scallops for T1 licences)Schedule 2, part 3, division 3—omit, insert–Division 3Conditions about processing scallops125Restriction on processing scallops on commercial fishing boat(1)This section prescribes conditions for an M1, M2, T1 or T2 licence.(2)A person may process a scallop on a commercial fishing boat used under the licence—

(a)only if the person in control of the boat is a commercial fisher; and

(b)only to the extent of removing the whole of 1 shell from the scallop.

Part 3Amendment of Fisheries Declaration 20194Declaration amendedThis part amends the Fisheries Declaration 2019.5Amendment of s 25 (Exception for commercial fishing)Section 25(2), definitions authorised boat and relevant landing place—omit.6Amendment of s 27D (Exception for commercial fishing)Section 27D(2), definitions authorised boat and relevant landing place—omit.7Insertion of new ch 2, pt 5, div 3BAfter section 27D—insert—Division 3BSaucer scallopsSubdivision 1Restriction on taking or possessing saucer scallops 27ETrawl regions to which subdivision appliesThis subdivision applies to the following trawl regions—

(a)the central trawl region;

(b)the southern offshore trawl region A;

(c)the southern offshore trawl region B.

27FRestriction on taking or possessing saucer scallops in regulated period(1)A person must not in a trawl region—

(a)take a saucer scallop in the regulated period; or

(b)possess a saucer scallop in the regulated period, whether or not the saucer scallop has been taken in the trawl region.

(2)For subsection (1), the regulated period is midday 1 May to midday 1 March. 27GException for possessing saucer scallops in regulated period(1)Despite section 27F(1)(b), a person may possess a saucer scallop on a boat in a trawl region if—

(a)the saucer scallop has not been taken in the trawl region in contravention of section 27F(1)(a); and

(b)the saucer scallop has been taken under effort units and is on an authorised boat for the holder of the effort units; and

(c)either—

(i)the boat is at a relevant landing place or in a port mentioned in the Transport Infrastructure (Ports) Regulation 2016, schedule 2; or

(ii)the boat is not at a place or in a port mentioned in subparagraph (i) and it is during the permitted period.

(2)In this section—permitted period means the period—

(a)starting midday 1 May; and

(b)ending 6a.m on the following day.

Subdivision 2Other restriction27HRestriction on taking or possessing saucer scallops from more than 1 trawl regionA person must not—

(a)take saucer scallops from more than 1 trawl region during a fishing operation; or

(b)possess saucer scallops taken in contravention of paragraph (a).

8Omission of ch 2, pt 12, div 2 (Swain Reefs and Hydrographers Passage)Chapter 2, part 12, division 2—omit.9Omission of s 110A (Saucer scallops in particular waters in particular period)Section 110A—omit.10Insertion of new s 121AAfter section 121—insert—121A Possessing regulated saucer scallops(1)This section applies if—

(a)a saucer scallop is taken in a trawl region; and

(b)after the saucer scallop is taken, the saucer scallop becomes a regulated fish in relation to a prescribed commercial catch under schedule 2, part 2, entry for saucer scallops.

(2)A person may possess the saucer scallop on a boat in the trawl region if—

(a)the saucer scallop has been taken under effort units and is on an authorised boat for the holder of the effort units; and

(b)either—

(i)the boat is at a relevant landing place or in a port mentioned in the Transport Infrastructure (Ports) Regulation 2016, schedule 2; or

(ii)the boat is not at a place or in a port mentioned in subparagraph (i) and it is during the permitted period.

(3)In this section—permitted period, for a saucer scallop mentioned in subsection (1), means the period of 36 hours after the saucer scallop becomes a regulated fish as mentioned in subsection (1)(b).11Insertion of new s 134AAfter section 134—insert—134A Processed saucer scallops(1)This section provides for working out the weight of saucer scallops with the whole of 1 shell removed.(2)The weight must be worked out by multiplying the total weight, in kilograms, of all saucer scallops with the whole of 1 shell removed by 2.12Amendment of sch 2 (Regulated fish declarations)(1)Schedule 2, part 2, entry for barramundi, column 4, row 5, item 5, ‘L8,’—omit.(2)Schedule 2, part 2, entry for saucer scallop—omit, insert—saucer scallop1a person taking the fish in the southern inshore trawl region 2a person possessing the fish on a commercial fishing boat in the southern inshore trawl region, other than if—(a)the person is using the boat to travel through the trawl region; and(b)the boat moves at a speed of at least 5 knotsFa form other than—(a)with both shells attached; or(b)the whole of 1 shell attacheda person possessing the fish on a commercial fishing boatF1if the prescribed commercial catch for the fish in the central trawl region is more than 167,776 kg—a person taking the fish in, or possessing the fish taken in, the region while acting under a licence on which is written the fishery symbol ‘T1’2if the prescribed commercial catch for the fish in the southern offshore trawl region A or the southern offshore trawl region B is more than 248,609 kg—a person taking the fish in, or possessing the fish taken in, the region while acting under a licence on which is written the fishery symbol ‘T1’ or ‘T2’NSmaximum threshold percentage—7% of fish less than 9cma person taking or possessing the fishWmaximum— 3,500kga person taking or possessing the fish— (a)for trade or commerce under a licence on which is written the fishery symbol ‘T1’; and(b)in the central trawl region13Amendment of sch 5 (Dictionary)(1)Schedule 5—insert—authorised boat, for the holder of effort units, line units or SM units, means an authorised boat, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, for the primary commercial fishing licence under which fish, taken under the effort units, line units or SM units, are taken.relevant landing place, for an authorised boat for the holder of effort units, line units or SM units, means the place stated in a pre-trip notice given under the Fisheries (Commercial Fisheries) Regulation 2019, chapter 6, part 1, division 2 as the place where the boat will be landed.(2)Schedule 5, definition prescribed commercial catch, paragraph (b), example—omit, insert—Examples of other forms of publication for paragraph (b)—

•a recorded message on the AIVR system

•a notification on the commercial fishing app administered by the department known as the ‘Qld eFisher app’