1Short titleThis regulation may be cited as the Fisheries (Commercial Fisheries) (Video Monitoring) Amendment Regulation 2026.2Regulation amendedThis regulation amends the Fisheries (Commercial Fisheries) Regulation 2019.3Insertion of new ch 3, pt 1, div 4Chapter 3, part 1—insert—Division 4Video monitoring condition and related mattersSubdivision 1Preliminary42A Purpose and application of divisionThis division—

(a)imposes a video monitoring condition on particular primary commercial fishing licences; and

(b)prescribes matters about the video monitoring condition.

42BDefinitions for divisionIn this division—approved vessel monitoring plan, for a relevant boat, means—

(a)generally, a vessel monitoring plan for the boat approved under section 42M(3); or

(b)if a replacement plan is approved for the boat under section 42N—the replacement plan.

authorised way, for notifying a malfunction of approved video monitoring equipment, see section 42W.data storage device, for approved video monitoring equipment, means any article or material, used with the equipment, from which information is capable of being reproduced, with or without the aid of another article or device.initial procedures, for rectifying a malfunction of approved video monitoring equipment, means the procedures for rectifying the malfunction stated in the video monitoring standard.malfunctions, in relation to approved video monitoring equipment, see section 76ZF(4) of the Act.primary data see section 42T(a).relevant licence see section 42D(1)(a).secondary information see section 42T(b).start day, for a relevant licence, see section 42D(1)(b).vessel monitoring plan, for a relevant boat, see section 42M(1)(a).video monitoring standard means the document called ‘Video monitoring standard’, made by the chief executive, and published on the department’s website.42CReferences to matters relating to relevant licencesIn this division—

(a)a reference to a relevant boat in relation to a relevant licence is a reference to the primary boat identified in the licence; andNote—See section 42I(3).

(b)a reference to approved video monitoring equipment in relation to a relevant licence is a reference to approved video monitoring equipment for the relevant boat for the licence; and

(c)a reference to a fishing operation in relation to a relevant licence is a reference to a fishing operation for which the relevant boat for the licence is being, or is about to be, used under the licence.

Subdivision 2Licences on which video monitoring condition imposed42DPurpose and application of subdivision(1)This subdivision sets out the following for the purpose of imposing a video monitoring condition under subdivision 3—

(a)each licence on which the video monitoring condition is imposed (a relevant licence);

(b)the day from which a licence is a relevant licence (the start day).

(2)Subsection (3) applies if the start day for a relevant licence is based on the number of days fish were taken in fishing operations under the licence in a period preceding the start day.(3)The start day continues to be the start day for the relevant licence, regardless of the number of days fish are taken in fishing operations under the licence in any period after the start day.42EReferences to days of fishing operations on which fish are takenIn this subdivision, a reference to the days of fishing operations conducted under an M1, M2, T1 or T2 licence on which fish were, or are, taken in an effort year is a reference to the days as recorded in the approved logbook (commercial fishing) for the licence.42FM1 and M2 licences(1)An M1 or M2 is a relevant licence—

(a)if the average number of fishing days for the licence is at least the number mentioned in column 1 of the following table; and

(b)from the start day mentioned opposite the number in column 2.

Column 1Column 2Minimum average number of fishing days for licenceStart day1641 November 20281241 November 2029881 November 2030691 November 2031(2)Subsection (3) applies to an M1 or M2 licence not mentioned in subsection (1) if fish are taken on at least 69 days of fishing operations conducted under the licence in an effort year starting at midday on 1 January in 2032 or a later year. (3)The M1 or M2 licence is a relevant licence from 2 January first happening after the effort year ends.(4)In this section—average number of fishing days, for an M1 or M2 licence, means the total number of days of fishing operations conducted under the licence on which fish were taken in the effort years that started at midday on 1 January 2023 and 1 January 2024, divided by 2.42GT1 and T2 licences(1)A T1 or T2 licence is a relevant licence—

(a)if the average number of fishing days for the licence for an area mentioned in column 1 of the following table is at least the number mentioned for the area in column 1; and

(b)from the start day mentioned opposite the number in column 2.

Column 1Column 2Area and minimum average number of fishing days for licenceStart day1(a)for the southern inshore trawl region—121(b)for the area consisting of the southern offshore trawl regions A and B—2371 November 20262(a)for the northern trawl region—168(b)for the central trawl region—1581 March 20273(a)for the southern inshore trawl region—76(b)for the area consisting of the southern offshore trawl regions A and B—2081 November 20274(a)for the northern trawl region—130(b)for the central trawl region—1111 March 20285for all trawl regions—1641 November 20286for all trawl regions—1241 November 20297for all trawl regions—881 November 20308for all trawl regions—691 November 2031(2)Subsection (3) applies to a T1 or T2 licence not mentioned in subsection (1) if fish are taken on at least 69 days of fishing operations conducted under the licence in an effort year starting at midday on 1 January in 2032 or a later year.(3)The T1 or T2 licence is a relevant licence from 2 January first happening after the effort year ends. (4)In this section—average number of fishing days, for a T1 or T2 licence, for an area, means the total number of days of fishing operations conducted under the licence on which fish were taken in the area in the effort years that started at midday on 1 January 2023 and 1 January 2024, divided by 2. 42HT4 licencesA T4 licence is a relevant licence from 1 November 2026.Subdivision 3Imposition of video monitoring condition42IVideo monitoring condition imposed(1)This section applies—

(a)to each relevant licence stated in subdivision 2; and

(b)from the start day for the relevant licence stated in subdivision 2.

(2)It is a condition of the relevant licence that approved video monitoring equipment is installed and used in the primary boat identified in the licence, in compliance with all requirements under this division, to monitor and record commercial fishing activities carried out under the licence.(3)The primary boat mentioned in subsection (2) is a relevant boat under section 76ZA of the Act.Subdivision 4Installation of approved video monitoring equipment and related matters42JApplication of subdivisionThis subdivision states requirements relating to the installation of approved video monitoring equipment in the relevant boat for a relevant licence.42K Position for installing approved video monitoring equipment—Act, s 76ZDFor section 76ZD(a) of the Act, the position shown in the approved vessel monitoring plan for the relevant boat is prescribed.42LWay for installing approved video monitoring equipment—Act, s 76ZD(1)For section 76ZD(a) of the Act, the way prescribed is that the approved video monitoring equipment must be installed—

(a)by an authorised installer for the equipment; and

(b)in accordance with the approved vessel monitoring plan for the relevant boat.

(2)In this section—authorised installer, for approved video monitoring equipment, means a person—

(a)authorised by the manufacturer of the equipment to install approved video monitoring equipment of that type; and

(b)whose name and contact details are published by the chief executive on the department’s website.

42M Preparing and approving vessel monitoring plan(1)The holder of the relevant licence must—

(a)prepare a plan in the approved form (a vessel monitoring plan) for the installation of the approved video monitoring equipment in the relevant boat; and

(b)give the plan to the chief executive for approval.

(2)The vessel monitoring plan must—

(a)show the position in which the approved video monitoring equipment is installed in the relevant boat; and

(b)include a certificate, signed by the person who installed the approved video monitoring equipment, certifying that the equipment has been installed in accordance with the plan.

(3)The chief executive may approve the vessel monitoring plan for the relevant boat if satisfied the approved video monitoring equipment installed in accordance with the plan will be capable of recording each relevant interaction with a protected animal involving the boat.(4)If the chief executive approves the vessel monitoring plan, the chief executive must make a record of the approval and give a copy of the approved plan to the holder of the relevant licence.(5)In this section—relevant interaction, with a protected animal, means—

(a)the animal being caught, including, for example, by being hooked, netted, entangled or entrapped; or

(b)a collision between a boat involved in a fishing operation and the animal.

42NReplacement of approved vessel monitoring plan(1)This section applies if—

(a)there is an approved vessel monitoring plan for the relevant boat (the existing plan); and

(b)the holder of the relevant licence proposes to do any of the following things (each a relevant change)—

(i)change the position of, or modify or replace, approved video monitoring equipment installed in the relevant boat and shown in the existing plan;

(ii)change the structure of the relevant boat in a way that would be inconsistent with the structure of the boat shown in the existing plan; Example of a type of change for subparagraph (ii)—adding a new structure to the deck of a relevant boat

(iii)install, remove or change a fixture on the relevant boat in a way that would be inconsistent with the depiction of a fixture in the existing plan;Example of a type of change for subparagraph (iii)—replacing a sorting table installed on a relevant boat with a hopper

(iv)install, remove or change lighting on the relevant boat in a way that would be inconsistent with the positioning or number of, or specifications for, lights provided in the existing plan.

(2)The holder of the relevant licence must give the chief executive a vessel monitoring plan (the replacement plan) reflecting the relevant change to replace the existing plan. (3)Section 42M(2) to (4) apply to the chief executive for approving the replacement plan as if the reference in each provision to the vessel monitoring plan were a reference to the replacement plan.(4)If the chief executive approves the replacement plan under section 42M as applied under subsection (3), the replacement plan becomes the approved vessel monitoring plan for the relevant boat.42OApproved vessel monitoring plan to be available for inspection(1)This section applies while the relevant boat is being used for a fishing operation under the relevant licence.(2)The commercial fisher in control of the fishing operation must—

(a)keep a copy of the approved vessel monitoring plan for the relevant boat on the boat; and

(b)make the copy of the plan available for immediate inspection by an inspector.

Subdivision 5Use of approved video monitoring equipment and related matters42PApplication of subdivisionThis subdivision states requirements relating to the use of approved video monitoring equipment in the relevant boat for a relevant licence.42QMonitoring period for relevant licence—Act, s 76ZB, definition monitoring periodFor section 76ZB of the Act, definition monitoring period, paragraph (b), the monitoring period prescribed for the relevant licence in relation to the relevant boat—

(a)is each period starting when a fishing operation conducted in the boat under the licence starts and ending when the fishing operation ends; but

(b)does not include any part of a period mentioned in paragraph (a) that is—

(i)within a rectification period, for rectifying a malfunction of approved video monitoring equipment in the boat, under section 42Y or 42Z; and

(ii)before the equipment is repaired or replaced to rectify the malfunction mentioned in subparagaph (i).

42RCommercial fishing activities for relevant licence—Act, s 76ZD(1)For section 76ZD of the Act, all commercial fishing activities carried out in the relevant boat under the relevant licence during a monitoring period are prescribed for the licence.(2)Without limiting subsection (1), the commercial fishing activities include—

(a)retrieving a trawl net; and

(b)sorting the catch.

42SRequirements to ensure equipment is used in compliance with s 76ZD of Act(1)This section applies in relation to each fishing operation conducted under the relevant licence.(2)The holder of the relevant licence or the commercial fisher in control of the fishing operation must do each of the following in relation to the approved video monitoring equipment—

(a)ensure, in the way stated in the video monitoring standard, the equipment has enough storage to record all commercial fishing activities required to be recorded under section 76ZD(b) of the Act during the fishing operation;

(b)ensure the equipment is kept clean and free of obstructions, at all times during the fishing operation, in the way stated in the video monitoring standard;

(c)check, in the way stated in the video monitoring standard, and at the times stated in subsection (3), whether the equipment is working properly.Note—See section 76ZF of the Act and section 42Z for requirements about notifying and rectifying a malfunction of approved video monitoring equipment.

(3)For subsection (2)(c), the approved video monitoring equipment must be checked—

(a)if the data storage device for the equipment is removable and is removed and replaced before the fishing operation starts—when the device is removed and replaced; and

(b)within 24 hours before the fishing operation starts; and

(c)at any other time stated in the video monitoring standard.

Subdivision 6Giving recording and related information42T Information about recording of commercial fishing activity—Act, s 76ZEFor section 76ZE(2)(b) of the Act, the following information about the recording of a commercial fishing activity is prescribed—

(a)all the complete and unaltered data, including, for example, metadata, forming part of the recording (the primary data);

(b)if the recording and primary data are to be given to the chief executive by post under section 42U(3)—the following information (the secondary information)—

(i)the number of the relevant licence under which the commercial fishing activity is carried out;

(ii)the boat mark for the relevant boat for the relevant licence;

(iii)for the fishing operation to which the recording relates—

(A)the day the pre-trip notice was given for the fishing operation, under section 138(2); and

(B)the day the fishing operation started; and

(C)the day the fishing operation ended;

(iv)the full name of—

(A)the commercial fisher in control of the fishing operation to which the recording relates; and

(B)if another person gives the recording to the chief executive—the other person.

42U Way for giving recording and related information—Act, s 76ZE(3), definition required way(1)This section prescribes, for section 76ZE(3) of the Act, definition required way, paragraph (b), the way in which the recording and the information prescribed under section 42T are to be given to the chief executive.(2)The recording and primary data must be given by an electronic communication in the way stated in the video monitoring standard.(3)However, if it is not reasonably possible for the recording and primary data to be given electronically under subsection (2), the recording, primary data and secondary information must be given by sending the following to the chief executive by registered post—

(a)the data storage device containing the recording and primary data that has been removed from the approved video monitoring equipment;

(b)the secondary information in the approved form.

42V Time for giving recording and related information—Act, s 76ZE(3), definition required timeFor section 76ZE(3) of the Act, definition required time, paragraph (b), the time stated in the video monitoring standard is prescribed.Subdivision 7Malfunction of approved video monitoring equipment and related matters42WMeaning of authorised way for notifying malfunction of approved video monitoring equipment(1)A malfunction of approved video monitoring equipment in the relevant boat for a relevant licence is notified in the authorised way if the notification—

(a)is given in a way stated in subsection (2); and

(b)contains the information stated in subsection (3); and

(c)if subsection (4) applies, is confirmed in the way stated in subsection (4).

(2)The notification must be given—

(a)by an electronic communication of a type, other than email, the chief executive has approved for the use of a person acting under the relevant licence for giving the notification; orExample of a type of electronic communication for paragraph (a)—a notification on the Qld eFisher app

(b)if it is not reasonably possible for the notification to be given under paragraph (a)—

(i)by email; or

(ii)orally by a mobile, satellite or landline telephone.

(3)The notification must include information about the following matters—

(a)the part of the approved video monitoring equipment that is malfunctioning;

(b)the nature of the malfunction;

(c)the cause of the malfunction, if known;

(d)the date and time the malfunction started;

(e)the actions taken, or proposed to be taken, to rectify the malfunction.

(4)If the notification is given orally under subsection (2)(b), the person who gave the notification must confirm the notification in writing—

(a)for a notification given under section 76ZF of the Act—within 3 days after the end of the fishing operation during which the notification was given; or

(b)for a notification given under section 42Z—within 3 days after giving the notification.

42XWay for notifying malfunction during fishing operation—Act, s 76ZFFor section 76ZF(2)(a) of the Act, the authorised way for notifying the chief executive of a malfunction of approved video monitoring equipment is prescribed.42Y Rectification procedures for malfunction during fishing operation—Act, s 76ZF(1)For section 76ZF(2)(b) of the Act, the following procedures are prescribed for a malfunction of approved video monitoring equipment—

(a)the initial procedures for rectifying the malfunction;

(b)if, after complying with the initial procedures, the malfunction is not rectified—arranging for an authorised repairer for the equipment to repair or replace the equipment to rectify the malfunction within the rectification period.

(2)In this section—authorised repairer, for approved video monitoring equipment, means a person—

(a)authorised by the manufacturer of the equipment to repair approved video monitoring equipment of that type; and

(b)whose name and contact details are published by the chief executive—

(i)in the video monitoring standard; or

(ii)on the department’s website.

rectification period, for rectifying a malfunction of approved video monitoring equipment, means—

(a)the later of the following periods to end—

(i)14 days after the end of the fishing operation during which the chief executive is notified of the malfunction under section 76ZF of the Act;

(ii)the period of the next fishing operation started after the fishing operation mentioned in subparagraph (i); or

(b)if the chief executive approves a longer period for rectifying the malfunction under section 42ZA—the longer period.

42Z Notification and rectification procedures for malfunction before fishing operation(1)This section applies if the approved video monitoring equipment installed in the relevant boat for a relevant licence malfunctions before the start of the next fishing operation to be conducted under the licence. (2)The holder of, or another person acting under, the relevant licence must—

(a)before the fishing operation starts, comply with the initial procedures for rectifying the malfunction; and

(b)if, after complying with the initial procedures, the malfunction is not rectified before the fishing operation starts—

(i)notify the chief executive of the malfunction in the authorised way before the fishing operation starts; and

(ii)arrange for an authorised repairer for the approved video monitoring equipment to repair or replace the equipment to rectify the malfunction within the rectification period.

(3)In this section—authorised repairer see section 42Y(2).rectification period, for rectifying a malfunction of approved video monitoring equipment, means—

(a)the later of the following periods to end—

(i)14 days after the day the chief executive is notified of the malfunction under subsection (2)(b)(i);

(ii)the period of the next fishing operation started after the day the chief executive is notified of the malfunction under subsection (2)(b)(i); or

(b)if the chief executive approves a longer period for rectifying the malfunction under section 42ZA—the longer period.

42ZA Extension of period for rectifying malfunction(1)This section applies if the holder of, or another person acting under, a relevant licence is required to have approved video monitoring equipment repaired or replaced under section 42Y(1)(b) or 42Z(2)(b)(ii) to rectify a malfunction of the equipment.(2)The holder or other person may apply to the chief executive to extend the period for rectifying the malfunction.(3)The application must be made—

(a)in the approved form; and

(b)within the following period—

(i)for rectifying a malfunction under section 42Y(1)(b)—the period mentioned in section 42Y(2) definition rectification period, paragraph (a);

(ii)for rectifying a malfunction under section 42Z(2)(b)(ii)—the period mentioned in section 42Z(3) definition rectification period, paragraph (a).

(4)The chief executive must—

(a)consider the application; and

(b)decide to—

(i)grant the extension for the period sought by the applicant or another period; or

(ii)refuse the application.

(5)The chief executive may grant the extension, for the period sought by the applicant or another period, if the chief executive is satisfied the extension is reasonable in the circumstances, having regard to—

(a)the nature of the approved video monitoring equipment; and

(b)the nature of the malfunction and what would be required to rectify the malfunction; and

(c)whether section 42S has been complied with for the approved video monitoring equipment; and

(d)any other relevant matter.

(6)If the chief executive grants the extension, the chief executive must give the holder or other person a written notice stating the period of the extension.4Insertion of new s 123AChapter 5, part 2—insert—123AElectronic logbooks required for particular licences from particular day(1)An approved logbook for a primary commercial fishing licence mentioned in column 1 of the following table must be an electronic logbook from the day mentioned opposite the licence in column 2 (the upgrade day). Column 1Column 2LicencesUpgrade day 1 an M1 or M2 licence1 July 20272 a T1 or T2 licence authorising the primary boat to be used in the southern inshore trawl region or in the area consisting of the southern offshore trawl regions A and B1 November 20263 a T1 or T2 licence authorising the primary boat to be used in the northern trawl region or central trawl region1 March 20274a T4 licence1 November 2026(2)However, if a fishing operation under the primary commercial fishing licence has started but not ended before the upgrade day for the licence, subsection (1) applies in relation to the licence from the day the next fishing operation under the licence starts. (3)This section applies despite section 122, definitions approved logbook (commercial fishing) and approved logbook (TEP animal interaction).5Insertion of new s 127AAfter section 127—insert—127ASpecial provision for particular licences(1)This section applies in relation to a primary commercial fishing licence mentioned in section 123A(1) from the upgrade day for the licence mentioned in that section.(2)The person required to make an entry in the approved logbook (commercial fishing) for the primary commercial fishing licence under section 126 or 127 must make the entry using—

(a)the Qld eFisher app; or

(b)an electronic communication of another type the chief executive has approved for the use of a person acting under the licence for making the entry.Example of a type of electronic communication for paragraph (b)—the department’s online service known as FishNet Secure

6Insertion of new s 131AAfter section 131—insert—131ASpecial provision for particular licences(1)This section applies in relation to a primary commercial fishing licence mentioned in section 123A(1) from the upgrade day for the licence mentioned in that section.(2)The commercial fisher required to make an entry in the approved logbook (TEP animal interaction) for the primary commercial fishing licence under section 131 must make the entry using—

(a)the Qld eFisher app; or

(b)an electronic communication of another type the chief executive has approved for the use of a person acting under the licence for making the entry.Example of a type of electronic communication for paragraph (b)—the department’s online service known as FishNet Secure

7Amendment of s 163 (Requirement to make catch disposal record)(1)Section 163(2)—insert—

(aa)be made as an electronic or paper record in the approved form; and

(2)Section 163(2)(aa) to (d)—renumber as section 163(2)(b) to (e).8Insertion of new s 163AAfter section 163—insert—163A Form for catch disposal record and approved catch disposal record book for particular licences(1)This section applies in relation to a primary commercial fishing licence mentioned in column 1 of the following table from the day mentioned opposite the licence in column 2 (the upgrade day). Column 1Column 2LicencesUpgrade day 1 an M1 or M2 licence1 July 20272 a T1 or T2 licence authorising the primary boat to be used in the southern inshore trawl region or in the area consisting of the southern offshore trawl regions A and B1 November 20263 a T1 or T2 licence authorising the primary boat to be used in the northern trawl region or central trawl region1 March 20274a T4 licence1 November 2026(2)However, if a fishing operation under the primary commercial fishing licence has started but not ended before the upgrade day for the licence, this section applies in relation to the licence from the day the next fishing operation under the licence starts. (3)Despite section 163(2)(b), a catch disposal record relating to a fishing operation under the primary commercial fishing licence must be made in—

(a)the form for making a catch disposal record under the Qld eFisher app; or

(b)another type of electronic form the chief executive has approved for the use of a commercial fisher acting under the licence for making catch disposal records.Example of a type of electronic form for paragraph (b)—a catch disposal record in a form available on the department’s online service known as FishNet Secure

(4)Despite section 163(4), definition approved catch disposal record book, the approved catch disposal record book for the primary commercial fishing licence must be an electronic record book.(5)In this section—catch disposal record see section 163(1).9Amendment of sch 11 (Dictionary)Schedule 11—insert—approved vessel monitoring plan, for a relevant boat, for chapter 3, part 1, division 4, see section 42B.authorised way, for notifying a malfunction of approved video monitoring equipment, for chapter 3, part 1, division 4, see section 42W.data storage device, for approved video monitoring equipment, for chapter 3, part 1, division 4, see section 42B.initial procedures, for rectifying a malfunction of approved video monitoring equipment, for chapter 3, part 1, division 4, see section 42B.malfunctions, in relation to approved video monitoring equipment, for chapter 3, part 1, division 4, see section 42B.primary data, for chapter 3, part 1, division 4, see section 42T(a).Qld eFisher app means the commercial fishing app administered by the department known as the ‘Qld eFisher app’.relevant licence, for chapter 3, part 1, division 4, see section 42D(1)(a).secondary information, for chapter 3, part 1, division 4, see section 42T(b).start day, for chapter 3, part 1, division 4, see section 42D(1)(b).vessel monitoring plan, for a relevant boat, for chapter 3, part 1, division 4, see section 42M(1)(a).video monitoring standard, for chapter 3, part 1, division 4, see section 42B.