Fisheries Amendment Regulation (No. 3) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 58 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 3) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of ss 21, 91 and sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of sch 2 (Closed waters—Commercial fishing) . . . . . . . . . . . . 2 6 Amendment of sch 4 (Regulated fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of schs 12–15 hdgs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of sch 12 (Line fisheries (Commercial)) . . . . . . . . . . . . . . . . . 6 9 Amendment of sch 14 (Trawl fisheries (Commercial)) . . . . . . . . . . . . . . . . 6 10 Amendment of sch 16 (Glossary of scientific names used for fish) . . . . . . 15 11 Amendment of sch 17 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 2 s5 Fisheries Amendment (No. 3) No. 58, 1999 ˙ Short title 1. This regulation may be cited as the Fisheries Amendment Regulation (No. 3) 1999 . ˙ Commencement 2. This regulation commences on 1 May 1999. ˙ Regulation amended 3. This regulation amends the Fisheries Regulation 1995 . ˙ Amendment of ss 21, 91 and sch 4 4. Sections 21(1) and 91(1) and schedule 4, part 3, divisions 2 and 4, ‘sand crab’— omit, insert— ‘blue swimmer crab’. ˙ Amendment of sch 2 (Closed waters—Commercial fishing) 5.(1) Schedule 2, section 152(2), ‘between 6 p.m. and 6 a.m.’— omit. (2) Schedule 2, after section 153— insert— ‘ Amity and Moreton Banks ‘ 153A. Waters within the following boundary— • from latitude 27°17.70' south where it intersects Moreton Island’s western shore to the sector beacon on Moreton Island’s western side north of ‘Little Sand Hills’ • to the northernmost red lateral beacon at the entrance to Rous Channel • to the flashing green beacon at Chain Banks

s5 3 s5 Fisheries Amendment (No. 3) No. 58, 1999 • to the isolated danger beacon on Hope Banks • to the flashing green beacon on the south-west side of Amity Banks • to the flashing green beacon (every 6 seconds) south-east of Amity Banks in the Rainbow Channel • to latitude 27°27.90' south where it intersects North Stradbroke Island’s western shore • along North Stradbroke Island’s western shore to Amity Point to Reeders Point on Moreton Island • along Moreton Island’s western shore to latitude 27°17.70' south.’. (3) Schedule 2, after section 155— insert— ‘ Northern section of Moreton Bay ‘ 155A.(1) Waters within the following boundary— • from Bribie Island’s western shore where it intersects a line running west from the water tower at Bongaree, to Sandstone Point on the mainland • to latitude 27°09.20' south, longitude 153°07.20' east • to latitude 27°09.20' south, longitude 153°11.40' east • to the flashing red beacon off South West Spit • to the flashing red beacon off Four Fathom Bank • to the flashing red beacon off Middle Bank • to the east cardinal beacon west of Cowan Cowan Point on Moreton Island • to the flashing yellow beacon west of Cowan Cowan township on Moreton Island • to the flashing red beacon (M4) off Yule Bank • to the flashing red beacon (M2) off Salamander Bank • to the flashing yellow beacon in Spitfire Channel

s6 4 s6 Fisheries Amendment (No. 3) No. 58, 1999 • to the west cardinal beacon in Spitfire Channel • to the southernmost flashing red beacon in North-West Channel • to Bribie Island’s eastern shore where it intersects latitude 27°01.80' • along Bribie Island’s eastern, southern and western shores to where it intersects a line running west from the water tower at Bongaree. ‘ (2) The waters are closed from midnight on 30 June to midnight on 30 September.’. (4) Schedule 2, after section 159— insert— ‘ Vernon Point to Burrum Point, Hervey Bay ‘ 159A.(1) Waters within the following boundary— • from Vernon Point • to Burrum Point • along the shore to Vernon Point. ‘ (2) The waters are closed from midnight on 30 June to midnight on 30 September.’. ˙ Amendment of sch 4 (Regulated fish) 6.(1) Schedule 4, part 1, after division 1, heading— insert— ‘ Subdivision 1—Fish taken under any fishery symbol ’. (2) Schedule 4, part 1, after subdivision 1— insert—

s6 5 s6 Fisheries Amendment (No. 3) No. 58, 1999 ‘ Subdivision 2—Fish taken under fishery symbol T1, T2, T3, T5, T6, T7, T8, or T9 blue swimmer crabs taken— • in Moreton Bay or adjoining waters 100 • elsewhere 600’. (3) Schedule 4, part 1, after division 2, heading— insert— ‘ Subdivision 1—Fish taken under any fishery symbol ’. (4) Schedule 4, part 1, after division 2, subdivision 1— insert— ‘ Subdivision 2—Fish taken under fishery symbol T1, T2, T3, T5, T6, T7, T8, or T9 black king-fish black-spot tusk-fish broad-barred or grey mackerel coral trout estuary cod jew teraglin large-mouthed nannygai large-scale sea perch maori wrasse mulloway narrow-barred or spanish mackerel pearl perch potato cod purple tusk-fish

s7 6 s9 Fisheries Amendment (No. 3) No. 58, 1999 Queensland groper Queensland school mackerel red emperor red throat emperor rosy job fish small-mouthed nannygai snapper spangled emperor spotted mackerel spotted or black jew fish tropical spiny rock lobster venus tusk-fish wahoo’. ˙ Amendment of schs 12–15 hdgs 7 . Schedules 12 to 15, headings, ‘section 2 and schedule 17’— omit, insert— ‘schedule 17, definitions “commercial fishery” and “fishery schedule” ’. ˙ Amendment of sch 12 (Line fisheries (Commercial)) 8. Schedule 12, part 6, section 41, ‘latitude 24°30 south’— omit, insert— ‘latitude 24°30' south’. ˙ Amendment of sch 14 (Trawl fisheries (Commercial)) 9.(1) Schedule 14, sections 3 and 10, words from ‘Only’— omit, insert— ‘ (1) The following fish ( “target fish” ) may be taken—

s9 7 s9 Fisheries Amendment (No. 3) No. 58, 1999 (a) barking crayfish; (b) cuttlefish; (c) Moreton Bay bugs; (d) octopus; (e) prawns; (f) saucer scallops; (g) squid; (h) three spot crabs. ‘ (2) Also, for the period 1 May 1999 to 31 October 2000 the following fish (also “target fish” ) may be taken if the taking is not unlawful under another provision of this regulation or a provision of a management plan— (a) blue swimmer crabs; (b) winter whiting. ‘ (3) In addition, other fish may be taken if— (a) the primary purpose of the apparatus used to take the other fish was to take target fish; and (b) the taking of the other fish is unintentional and not unlawful under another provision of this regulation or a provision of a management plan. ‘ (4) However, other fish must not— (a) if a time quota applies to taking the other fish—be taken other than during the time quota; or (b) if a time quota applies to using certain commercial fishing apparatus to take the other fish—be taken with the apparatus other than during the time quota. ‘ (5) Also, other fish must not be taken if there is a quota, other than a time quota, for taking the other fish. ‘ (6) Subsection (2) and this subsection expire on 31 October 2000.’. (2) Schedule 14, sections 4 and 11, heading, ‘ prawns and saucer scallops ’—

s9 8 s9 Fisheries Amendment (No. 3) No. 58, 1999 omit, insert — ‘ fish ’. (3) Schedule 14, sections 4(1), 11(1), 31(1), 43(1), 54(1), 62(1), 68(1), and 76(1), from ‘Prawns’ to ‘only’— omit, insert— ‘Fish may only’. (4) Schedule 14, sections 6 and 7— omit, insert— ‘ Use of otter trawl nets ‘ 6.(1) An otter trawl net may only be used for the primary purpose of taking prawns if it is— (a) not longer than 88 m and has a mesh size of at least 38 mm, but not more than 60 mm; or (b) used only in the deep water net area and it is not longer than 184 m and its mesh size is at least 38 mm, but not more than 60 mm. ‘ (2) An otter trawl net may only be used for the primary purpose of taking saucer scallops if it is not longer than 109 m and has a mesh size of at least 75 mm. ‘ (3) An otter trawl net may only be used for the primary purpose of taking target fish other than prawns or saucer scallops if the use complies with subsection (1) or (2). ‘ (4) An otter trawl net must not be used for the primary purpose of taking fish that are not target fish. ‘ (5) In this section— “deep water net area” means waters east of the following line— • from latitude 27°58' south, longitude 154° east, to latitude 28°03'35'' south, longitude 153°47' east • to latitude 27°26' south, longitude 153°42' east • to latitude 27°02' south, longitude 153°33'30'' east • to latitude 26°30' south, longitude 153°32'30'' east

s9 9 s9 Fisheries Amendment (No. 3) No. 58, 1999 • to latitude 26°15' south, longitude 153°50' east • to latitude 25° south, longitude 153°35' east • to latitude 24°30' south, longitude 153°20' east • to latitude 24°21'24'' south, longitude 153°08'48'' east near Breaksea Spit light. “target fish” see section 3. ‘ Use of turtle excluder devices ‘ 7. A turtle excluder device must be fitted to a net used under this part if— (a) it is not longer than 88 m; and (b) it is used in waters south of a line running east and west from Point Lookout. ‘ Use of bycatch reduction devices ‘ 7A. A bycatch reduction device must be fitted to a net used under this part if— (a) it has a mesh size less than 75 mm; and (b) for use— (i) in the period 1 May 1999 to 31 December 1999— (A) it is not longer than 88 m; and (B) it is used between 6 a.m. and 6 p.m; or (ii) on or after 1 January 2000— (A) it is used in the waters within 5 n miles out to sea from the mainland shore; or (B) it is used in other waters between 6 a.m. and 6 p.m..’. (5) Schedule 14, section 11(2), ‘Saucer scallops’— omit, insert— ‘However, saucer scallops’.

s 9 10 s 9 Fisheries Amendment (No. 3) No. 58, 1999 (6) Schedule 14, section 13(1)— omit, insert — ‘ 13.(1) A net may only be used under this division if its primary purpose is to take prawns.’. (7) Schedule 14, section 27— omit, insert— ‘ Use of nets to take saucer scallops ‘ 27. A net may only be used for the primary purpose of taking saucer scallops if it is not longer than 109 m and has a mesh size of at least 75 mm. ‘ Division 4—Use of nets to take other fish ‘ Use of nets to take other fish ‘ 27A.(1) A net may only be used for the primary purpose of taking target fish other than prawns or saucer scallops if the use complies with division 2 or 3. ‘ (2) A net must not be used for the primary purpose of taking fish that are not target fish. ‘ (3) In this section— “target fish” see section 10. ‘ Division 5—Use of turtle excluder devices and bycatch reduction devices ‘ Use of turtle excluder devices ‘ 27B. A turtle excluder device must be fitted to a net used under this part if— (a) the net is used in any of the following waters— (i) Moreton Bay north of a line running west from Point Lookout;

s 9 11 s 9 Fisheries Amendment (No. 3) No. 58, 1999 (ii) south of a line running east and west from Point Lookout; (iii) between latitude 25°15' south and latitude 24°20' south, within 6 n miles out to sea from the mainland shore; (iv) between latitude 21° south and latitude 20°30' south, within 6 n miles out to sea from the mainland shore; (v) within a boundary from Cape Cleveland along the shore to latitude 18°52', then in a straight line to Cape Cleveland; (vi) between latitude 17° south and latitude 15° south, within 6 n miles out to sea from the mainland shore; (vii) between latitude 14°30' south and latitude 12°30' south, within 6 n miles out to sea from the mainland shore; and (b) the net is not longer than— (i) for an otter trawl net having a mesh size not more than 60 mm—88 m; or (ii) for an otter trawl net having a mesh size of at least 75 mm—109 m; or (iii) for a beam trawl net—40 m. ‘ Use of bycatch reduction devices ‘ 27C. A bycatch reduction device must be fitted to a net used under this part (other than in Moreton Bay) if— (a) it has a mesh size less than 75 mm; and (b) it is not longer than— (i) for an otter trawl net—88 m; or (ii) for a beam trawl net—40 m; and (c) for use— (i) in the period 1 May 1999 to 31 December 1999—it is used between 6 a.m. and 6 p.m.; or (ii) in the period 1 January 2000 to 31 December 2000— (A) it is used in the waters within 5 n miles out to sea from

s 9 12 s 9 Fisheries Amendment (No. 3) No. 58, 1999 the mainland shore; or (B) it is used in other waters between 6 a.m. and 6 p.m.; or (iii) on or after 1 January 2001— (A) it is used in the Great Barrier Reef Region; or (B) it is used in the waters south of latitude 24°30' south 1 and within 5 n miles out to sea from the mainland shore; or (C) it is used in other waters between 6 a.m. and 6 p.m..’. (8) Schedule 14, sections 30, 42, 53, 61, 67 and 75, words from ‘Only’— omit, insert— ‘ (1) The following fish ( “target fish” ) may be taken— (a) barking crayfish; (b) cuttlefish; (c) Moreton Bay bugs; (d) octopus; (e) prawns; (f) squid; (g) three spot crabs. ‘ (2) Also, for the period 1 May 1999 to 31 October 2000, the following fish (also “target fish” ) may be taken if the taking is not unlawful under another provision of this regulation or a provision of a management plan— (a) blue swimmer crabs; (b) winter whiting. ‘ (3) In addition, other fish may be taken if— (a) the primary purpose of the apparatus used to take the other fish was to take target fish; and 1 The southern boundary of the Great Barrier Reef Region runs along latitude 24°30' south.

s 9 13 s 9 Fisheries Amendment (No. 3) No. 58, 1999 (b) the taking of the other fish is unintentional and not unlawful under another provision of this regulation or a provision of a management plan. ‘ (4) However, other fish must not— (a) if a time quota applies to taking the other fish—be taken other than during the time quota; or (b) if a time quota applies to using certain commercial fishing apparatus to take the other fish—be taken with the apparatus other than during the time quota. ‘ (5) Also, other fish must not be taken if there is a quota, other than a time quota, for taking the other fish. ‘ (6) Subsection (2) and this subsection expire on 31 October 2000.’. (9) Schedule 14, sections 31, 43, 54, 62, 68 and 76, headings, ‘ prawns ’— omit, insert— ‘ fish ’. (10) Schedule 14, part 3, after section 34— insert— ‘ Use of turtle excluder devices ‘ 34A. A turtle excluder device must be fitted to a net used under this part if the net is used in any of the following waters— (a) Moreton Bay north of a line running west from Point Lookout; (b) south of a line running east and west from Point Lookout; (c) between latitude 25°15' south and latitude 24°20' south, within 6 n miles out to sea from the mainland shore; (d) between latitude 21° south and latitude 20°30' south, within 6 n miles out to sea from the mainland shore; (e) within a boundary from Cape Cleveland along the shore to latitude 18°52', then in a straight line to Cape Cleveland; (f) between latitude 17° south and latitude 15° south, within 6 n miles out to sea from the mainland shore;

s 9 14 s 9 Fisheries Amendment (No. 3) No. 58, 1999 (g) between latitude 14°30' south and latitude 12°30' south, within 6 n miles out to sea from the mainland shore. ‘ Use of bycatch reduction devices ‘ 34B. A bycatch reduction device must be fitted to a net used under this part if— (a) for use in the period 1 May 1999 to 31 December 1999—it is used between 6 a.m. and 6 p.m.; or (b) for use in the period 1 January 2000 to 31 December 2000— (i) it is used in the waters within 5 n miles out to sea from the mainland shore; or (ii) it is used in other waters between 6 a.m. and 6 p.m.; or (c) for use on or after 1 January 2001— (i) it is used in the Great Barrier Reef Region; or (ii) it is used in the waters south of latitude 24°30' south 2 and within 5 n miles out to sea from the mainland shore; or (iii) it is used in other waters between 6 a.m. and 6 p.m..’. (11) Schedule 14, section 49— insert— ‘ (2) A bycatch reduction device must be fitted to the net if— (a) it has a mesh size less than 75 mm; and (b) it is used— (i) between 6 a.m. and 6 p.m. in the period 1 May 1999 to 31 December 1999; or (ii) on or after 1 January 2000.’. 2 The southern boundary of the Great Barrier Reef Region runs along latitude 24°30' south.

s 10 15 s 11 Fisheries Amendment (No. 3) No. 58, 1999 ˙ Amendment of sch 16 (Glossary of scientific names used for fish) 10.(1) Schedule 16, entry for ‘sand crab’— omit . (2) Schedule 16— insert— ‘barking crayfish Linuparus trigonus blue swimmer crab 3 Portunus pelagicus cuttlefish Metasepia sp. and Sepia spp. octopus Octopus spp. squid Loliolus sp., and Nototodarus , Photololigo and Sepioteuthis spp. three spot crab Portunus sanguinolentus winter whiting Sillago maculata ’. ˙ Amendment of sch 17 (Dictionary) 11. Schedule 17, part 1— insert— ‘ “bycatch reduction device” , for a trawl net, means a device fitted to the net, or a modification made to the net, allowing bycatch to escape after being taken in the net. Examples of bycatch reduction devices— 1. Square mesh cod ends. 2. Sections of square mesh built into a net. 3. Mesh extension pieces attached to a net between the throat and the cod end. 4. Slits built into a net. 5. Metal escape windows attached to a net. 3 Blue swimmer crabs previously had the common name ‘sand crabs’.

s 11 16 s 11 Fisheries Amendment (No. 3) No. 58, 1999 “fitted” , to a net, includes attached to, and built into, the net. “Great Barrier Reef Region” means the fishery area described in schedule 12, part 6, section 41. “turtle excluder device” , for a trawl net, means a device fitted to the net, or a modification made to the net, allowing turtles to escape immediately after being taken in the net. Examples of turtle excluder devices— 1. Slits built into the belly or head panel of a net. 2. A device, made of any material and fitted to the net, directing turtles to an opening in the top or bottom of the net ahead of the cod end.’. ENDNOTES 1. Made by the Governor in Council on 1 April 1999. 2. Notified in the gazette on 1 April 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1999