Fisheries Amendment Regulation (No. 2) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 110 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 2) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 10 (Scientific names of fish) . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 35 (Restrictions on issue of general fisheries permits) . . . 2 5 Amendment of s 70 (Conducting commercial fishing tours) . . . . . . . . . . . . 3 6 Amendment of s 70A (Conducting commercial fishing competitions). . . . . 4 7 Amendment of sch 16 (Glossary of scientific names used for fish) . . . . . . . 4

s1 2 s4 Fisheries Amendment Regulation (No. 2) 2002 No. 110, 2002 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 2) 2002 . 2 Regulation amended This regulation amends the Fisheries Regulation 1995. 3 Amendment of s 10 (Scientific names of fish) (1) Section 10(2)(c) and (d)— renumber as section 10(2)(e) and (f) . (2) Section 10(2)— insert — ‘(c) for maray—Hutchins B and Swainston R (1996), ‘Sea Fishes of South Australia’, (2nd edition), Swainston Publishing, Perth, Western Australia; and ‘(d) for pilchards—Yearsley GK, Last PR and Ward PR (eds) (1999), ‘Australian Seafood Handbook, Domestic Species’, CSIRO Marine Research, Melbourne, Victoria; and’. 4 Amendment of s 35 (Restrictions on issue of general fisheries permits) Section 35(2)— omit, insert— ‘ (2) However, the chief executive must not issue a general fisheries permit allowing— (a) an activity as follows— (i) using a purse seine net to take fish; (ii) possessing fish taken in contravention of subparagraph (i); (iii) possessing a purse seine net; 1 or 1 See also schedule 2, part 7 (Using or possessing purse seine nets) and schedule 3, part 7 (Using or possessing purse seine nets).

s5 3 s5 Fisheries Amendment Regulation (No. 2) 2002 No. 110, 2002 (b) the taking or possession of maray or pilchards for trade or commerce. ‘ (3) Subsection (2)(b) does not apply if— (a) the permit allows the taking or possession of maray or pilchards for only 1 of the following— (i) to use as bait for fishing under a primary commercial fishing boat licence or commercial fisher licence held by the person applying for the permit; (ii) to use as food for display fish; (iii) for research; or (b) the permit is a replacement permit issued under section 71 of the Act; or (c) immediately before the commencement of this section, the person applying for the permit held a general fisheries permit (the “earlier permit” ) allowing the taking or possession of maray or pilchards for trade or commerce and— (i) the earlier permit has been cancelled or has expired; and (ii) the application is made within 6 months after the cancellation or expiry; and (iii) the permit applied for is, other than for its term, the same, or substantially the same, as the earlier permit. ‘ (4) Subsection (3)(c)(iii) does not prevent the chief executive issuing a permit that is not the same, or substantially the same, as the earlier permit.’. 5 Amendment of s 70 (Conducting commercial fishing tours) Section 70— insert— ‘ (3) A person who holds a general fisheries permit to conduct a commercial fishing tour may take maray or pilchards under the permit only if—

s6 4 s7 Fisheries Amendment Regulation (No. 2) 2002 No. 110, 2002 (a) they are taken to use as bait for fishing during a commercial fishing tour; and (b) the taking complies with schedule 8, part 3. 2 ’. 6 Amendment of s 70A (Conducting commercial fishing competitions) Section 70A— insert— ‘ (2) A person who holds a general fisheries permit to conduct a commercial fishing competition may take maray or pilchards under the permit only if— (a) they are taken to use as bait by persons fishing in a commercial fishing competition; and (b) the taking complies with schedule 8, part 3.’. 7 Amendment of sch 16 (Glossary of scientific names used for fish) Schedule 16— insert— ‘maray pilchards Etremeus teres Sardinops neopilchardus or Sardinops Sagax ’. ENDNOTES 1. Made by the Governor in Council on 16 May 2002. 2. Notified in the gazette on 17 May 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. 2 Schedule 8 (Recreational fishing—use of fishing apparatus), part 3 (Nets)

© State of Queensland 2002