Fisheries Amendment Regulation (No. 3) 2003 (Qld)

Fisheries Amendment Regulation (No. 3) 2003

Queensland Subordinate Legislation 2003 No. 214 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 3) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Amendment of s 2A (References to latitudes and longitudes) . . . . . . . . . . . 9 5 Amendment of s 21 (Measurement of size of ﬁsh) . . . . . . . . . . . . . . . . . . . . 10 6 Insertion of new pt 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 5C—QUOTA AND AUTHORITY FOR SPANISH MACKEREL COMMERCIAL FISHERY Division 1—General provision about SM units 25E Nature of an SM unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2—SM unit entitlement and use 25F Meaning of “entitlement” of SM unit holder. . . . . . . . . . . . . . . . . . . 12 25G When SM unit entitlement is “used” for an SM year . . . . . . . . . . . . 12 25H No carrying forward of unused entitlement . . . . . . . . . . . . . . . . . . . . 13 25I SM unit certiﬁcates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25J Evidentiary provision for SM unit certiﬁcate . . . . . . . . . . . . . . . . . . 14 Division 3—Evidentiary aids for use of entitlement 25K Transhipment notice and landed ﬁsh notice are evidence of use of entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4—Transfer of SM units 25L Purpose and application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 25M Only whole SM units may be transferred . . . . . . . . . . . . . . . . . . . . . 15 25N Eligibility of transferee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25O Application for SM unit certiﬁcate changes required . . . . . . . . . . . . 15 25P Required minimum SM units after transfer . . . . . . . . . . . . . . . . . . . . 15 25Q When transfer of SM units takes effect . . . . . . . . . . . . . . . . . . . . . . . 16 25R Entitlement of transferee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 5—Substituting SM ﬁshery licence to which SM units relate 25S Application to substitute SM ﬁshery licence to which SM units relate ................................. 16 25T How chief executive must deal with application . . . . . . . . . . . . . . . . 17 Division 6—Issue of tags for taking spanish mackerel 25U Chief executive must issue tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25V Additional or replacement tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 7—Change of notice identity number 25W Change of notice identity number . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7 Amendment of pt 6, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8 Amendment of s 26 (Quotas for commercial ﬁsheries) . . . . . . . . . . . . . . . . 19 9 Amendment of pt 7, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 10 Amendment of s 40 (Other authorities the chief executive may issue). . . . . 19 11 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 41A Restrictions on writing ﬁshery symbol ‘SM’. . . . . . . . . . . . . . . . . . . 19 12 Amendment of s 45 (Restriction on things authorised by an authority with more than 1 ﬁshery symbol on it) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13 Insertion of new pt 7, div 5, sdiv 1, heading . . . . . . . . . . . . . . . . . . . . . . . . . 20 14 Amendment of s 56 (Tender commercial ﬁshing boat licence). . . . . . . . . . . 20 15 Insertion of new pt 7, div 5, subdivs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . 21 Subdivision 2—Authorisations and conditions for SM ﬁshery licences and SM units 58A Purpose and application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 58B Deﬁnitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 58C Requirements for taking or possessing spanish mackerel on board authorised boat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 58D Requirement for bringing spanish mackerel ashore. . . . . . . . . . . . . . 22 58E Requirement for possessing spanish mackerel . . . . . . . . . . . . . . . . . 23

3 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 58F Prior notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 58G Transhipment notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 58H Landed ﬁsh notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 58I Requirement to tag spanish mackerel . . . . . . . . . . . . . . . . . . . . . . . . 25 58J Use of tags by holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 58K Notices to chief executive under this subdivision . . . . . . . . . . . . . . . 26 58L Requirements for guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 58M Admissibility of guidelines in proceedings . . . . . . . . . . . . . . . . . . . . 27 Subdivision 3—Condition for buyer licence about possession of spanish mackerel 58N Possession of spanish mackerel in trade or commerce—buyers . . . . 27 16 Insertion of new pt 7, div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 5A—Prescribed suspension and cancellation criteria for SM units 58O Criteria for suspending SM units . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 58P Criteria for cancelling SM units. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 17 Insertion of new pt 7, div 7, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 18 Amendment of s 62 (Particulars to be contained in register of authorities) . 29 19 Replacement of s 64A (Fishing priority). . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 64A Deﬁnitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 64B Meaning of “ready to ﬁsh”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 64C Fishing priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 64D Interfering with prescribed ﬂag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 20 Insertion of new pt 7, div 7, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 3—Changing ﬁshery symbol ‘SM’ to another authority 64E Deﬁnition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 64F Application to change ﬁshery symbol ‘SM’ to another primary commercial ﬁshing boat licence of holder . . . . . . . . . . . . . . . . . . . . . 33 64G How chief executive must deal with application . . . . . . . . . . . . . . . . 33 21 Insertion of new s 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 90A Possession of spanish mackerel in trade or commerce—persons other than authority holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Amendment of s 97 (Using commercial ﬁshing boats for recreational ﬁshing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

4 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 23 Replacement of s 103 (Marking boats) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 103 Placing mark on boat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 103A Removing mark placed on boat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 24 Amendment of s 105 (Prescribed authorities—Act, s 70C) . . . . . . . . . . . . . 36 25 Renumber and relocation of section 106 (Particulars to be contained on dockets for wholesale of ﬁsheries resources etc.) . . . . . . . . . . . . . . . . . . 37 26 Amendment of s 108 (Serious ﬁsheries offences). . . . . . . . . . . . . . . . . . . . . 37 27 Renumbering of pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 28 Insertion of new pt 12, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 29 Amendment of s 109 (Statistical records to be kept) . . . . . . . . . . . . . . . . . . 37 30 Insertion of new ss 109B and 109C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 109B Statistical returns and information about spanish mackerel . . . . . . . 38 109C Daily record of use of boat identiﬁed on SM ﬁshery licence . . . . . . 38 31 Renumber and relocation of s 110 (Threshold percentage for declared ﬁsheries resources) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 32 Amendment of s 110A (Prescribed matter for certiﬁcates—Act, s 184) . . . 39 33 Insertion of new 110B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 110B Review relating to spanish mackerel . . . . . . . . . . . . . . . . . . . . . . . . . 39 34 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 13—TRANSITIONAL PROVISIONS FOR FISHERIES AMENDMENT REGULATION (NO. 3) 2003 114 Requirements for marking boats for particular boats . . . . . . . . . . . . 40 115 Expiry of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 35 Amendment of sch 2 (Closed waters—commercial ﬁshing). . . . . . . . . . . . . 41 36 Amendment of sch 4 (Regulated ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 37 Insertion of new sch 5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 SCHEDULE 5B SPECIAL PROVISIONS FOR SPANISH MACKEREL COMMERCIAL FISHERY PART 1—PRELIMINARY Division 1—Interpretation 1 Deﬁnitions for sch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2 Meaning of “catch-per-unit-effort special circumstance” . . . . . . . . . 47 3 Meaning of “event-based special circumstance” . . . . . . . . . . . . . . . . 48

5 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 4 Meaning of “recent-entrant special circumstances” . . . . . . . . . . . . . 5 Meaning of “personal history special circumstance” for individuals 6 Meaning of “personal history special circumstance” for corporations Division 2—Provisions for special circumstances Subdivision 1—General provision 7 Effect of transfer of licence to corporation for a special circumstance Subdivision 2—Provisions for recent-entrant special circumstances 8 Deﬁnitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Working out amount of spanish mackerel taken for a year if the person did not hold licence for the whole of the year . . . . . . . . . . . . 10 Working out amount of spanish mackerel taken for a year if the person did not hold the licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3—Provisions for event-based special circumstance 11 Deﬁnition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Event-based qualifying period if event period happening on 31 December 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Event-based qualifying period if event period happened wholly within qualifying period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Event-based qualifying period if event period happening on 31 December 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2—OBTAINING FISHERY SYMBOL ‘SM’ Division 1—Preliminary 15 Simpliﬁed outline of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Deﬁnitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Relevant licences and criteria 17 Application of pt 2 to relevant licences . . . . . . . . . . . . . . . . . . . . . . . 18 Criteria to be met for relevant licence . . . . . . . . . . . . . . . . . . . . . . . . Division 3—First consideration by chief executive and preliminary notice requirements 19 First consideration of relevant licences by chief executive . . . . . . . . 20 Interpretation of unlawful, ambiguous or incomplete logbook information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Preliminary notice and application for reconsideration 21 Chief executive to give preliminary notice . . . . . . . . . . . . . . . . . . . . 22 Requirements for preliminary notice . . . . . . . . . . . . . . . . . . . . . . . . . 49 50 50 51 51 53 53 54 55 55 56 57 58 60 60 60 61 61 61

6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 23 Applying for reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Chief executive to decide whether reason for reconsideration established ........................................ 25 Information chief executive may consider in deciding whether reason for reconsideration is established . . . . . . . . . . . . . . . . . . . . . . Division 5—Reconsideration and adjustment of criteria 26 Criteria reapplied if reason for reconsideration established . . . . . . . 27 Adjusted criteria for catch-per-unit-effort special circumstance . . . . 28 Adjusted criteria for event-based special circumstance. . . . . . . . . . . 29 Adjusted criteria for ﬁrst-recent-entrant special circumstance . . . . . 30 Adjusted criteria for second-recent-entrant special circumstance . . . 31 Adjusted criteria for personal history special circumstance . . . . . . . Division 6—Amendment notice and amendment of licences 32 Chief executive to amend licences and give amendment notice . . . . 33 Requirements for amendment notice . . . . . . . . . . . . . . . . . . . . . . . . . 34 Taking or possessing spanish mackerel under amended licence . . . . Division 7—Priority of reconsiderations of applications relating to ﬁshery symbol ‘SM’ 35 Priority of applications for reconsiderations . . . . . . . . . . . . . . . . . . . PART 3—ISSUE OF SM UNITS Division 1—General 36 Simpliﬁed outline of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Deﬁnitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—General provisions about SM units 38 General condition for issue of SM units . . . . . . . . . . . . . . . . . . . . . . 39 When SM unit is “issued” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Issue of SM units Subdivision 1—Number of SM units to be issued to eligible holders 40 Purpose of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Deﬁnition for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Number of SM units to be issued to eligible holders. . . . . . . . . . . . . 43 Working out number of additional SM units . . . . . . . . . . . . . . . . . . . 44 Working out SM factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 63 64 65 66 66 67 67 68 68 69 69 70 70 71 71 71 71 72 72 72 73

7 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 45 Interpretation of unlawful, ambiguous or incomplete relevant logbook information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Subdivision 2—Catch history notice 46 Chief executive to give catch history notice . . . . . . . . . . . . . . . . . . . 74 47 Requirements for catch history notice . . . . . . . . . . . . . . . . . . . . . . . . 74 Subdivision 3—Application for issue of SM units 48 Application for issue of SM units . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 49 Deciding application for issue of SM units . . . . . . . . . . . . . . . . . . . . 76 50 Allocation provisions to be applied if reason for adjusted allocation is established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 51 Adjusted allocation provision for event-based special circumstance 77 52 Adjusted allocation provision for ﬁrst-recent-entrant special circumstance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 53 Adjusted allocation provision for second-recent-entrant special circumstance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 54 Adjusted allocation provision for third-recent-entrant special circumstance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 55 Adjusted allocation provision for personal history special circumstance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 56 Particular applications for SM units must be decided before start of ﬁrst SM year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 4—Reduction in weight equivalent of SM units 57 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 58 Adjusted weight equivalent of SM unit . . . . . . . . . . . . . . . . . . . . . . . 81 PART 4—EXPIRY 59 Expiry of sch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 38 Amendment of sch 10 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 39 Insertion of new sch 11A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 SCHEDULE 11A SPANISH MACKEREL COMMERCIAL FISHERY PART 1—THE FISHERY 1 Fishery symbol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 2 Fishery area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 3 What ﬁsh may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 4 Permitted ways of taking spanish mackerel. . . . . . . . . . . . . . . . . . . . 83

8 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 5 Use of primary commercial ﬁshing boat . . . . . . . . . . . . . . . . . . . . . . 83 6 Use of tender commercial ﬁshing boats. . . . . . . . . . . . . . . . . . . . . . . 83 7 Permitted distance for an assistant ﬁsher to be under direction. . . . . 83 PART 2—DEFINITIONS 8 Deﬁnitions for sch 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 40 Amendment of sch 12 (Line ﬁsheries (Commercial)). . . . . . . . . . . . . . . . . . 84 41 Amendment of sch 17 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

s1 9 s4 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 3) 2003 . 2 Commencement (1) Section 35(1), (5) and (6) commences on 20 September 2003. (2) Sections 17, 19 and 41(3) commence on 1 November 2003. (3) Sections 5 and 36 commence 3 months after the day this regulation is notiﬁed in the gazette. (4) Sections 12, 39, 40 and 41(4) and (5) commence on 1 February 2004. (5) Sections 6 to 10, 13, 15, 16, 21, 25, 27 to 32 and 41(6) commence on 1 July 2004. 3 Regulation amended This regulation amends the Fisheries Regulation 1995. 4 Amendment of s 2A (References to latitudes and longitudes) (1) Section 2A(1), after ‘this regulation’— insert — ‘, other than schedule 2, section 193A, and schedule 5B, 1 ’. (2) Section 2A(2)— renumber as section 2A(4). (3) Section 2A— insert — ‘ (2) Latitudes and longitudes mentioned in schedule 2, section 193A, are worked out using the ‘Geocentric Datum of Australia 1994’, commonly called ‘GDA94’, notiﬁed in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. 1 Schedule 2 (Closed waters—Commercial ﬁshing), section 193A (Hervey Bay scallop ranching areas) and schedule 5B (Special provisions for spanish mackerel commercial ﬁshery)

s 5 10 s 5 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (3) Latitudes and longitudes mentioned in schedule 5B are worked out using the ‘World Geodetic System 1984’, commonly called ‘WGS 84’, deﬁned in the technical report titled ‘Department of Defense—World Geodetic System 1984—Its Deﬁnition and Relationships with Local Geodetic Systems’, third edition, published by the (US) National Imagery and Mapping Agency. 2 ’. 5 Amendment of s 21 (Measurement of size of fish) (1) Section 21(1), ‘or blue swimmer’— omit. (2) Section 21— insert — ‘ (1A) The size of a blue swimmer crab is decided by measuring the distance between— (a) a point immediately forward of the base of the large lateral spine of the crab on one side of the crab; and (b) a point immediately forward of the base of the large lateral spine of the crab on the other side of the crab. 2 The technical report may be accessed on the Internet at the website of Geoscience Australia at At the commencement of subsection (3) of this section, the report could be accessed at ( s 6 11 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (1B) The following ﬁgure is an illustration of the operation of subsection (1A) in diagrammatic form— The distance between the 2 vertical dotted lines is the distance to be measured to decide the size of a blue swimmer crab’. 6 Insertion of new pt 5C After part 5B— insert — ‘PART 5C—QUOTA AND AUTHORITY FOR SPANISH MACKEREL COMMERCIAL FISHERY ‘Division 1—General provision about SM units ‘25E Nature of an SM unit ‘Each SM unit is— (a) an authority, the entitlement for which is provided for under division 2; and (b) a quota for the spanish mackerel commercial ﬁshery established under schedule 11A. 3 3 For the issue of SM units, see schedule 5B (Special provisions for spanish mackerel commercial ﬁshery), part 3 (Issue of SM units).

s 6 12 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘Division 2—SM unit entitlement and use ‘25F Meaning of “entitlement” of SM unit holder ‘ (1) The holder of an SM unit, or a person acting under the SM unit, may take, in an SM year, the prescribed weight of spanish mackerel for the SM unit. ‘ (2) The authorisation for each SM year is the holder’s “entitlement” under the SM unit for that SM year. ‘ (3) However, the entitlement applies only— (a) while— (i) the holder holds the SM ﬁshery licence identiﬁed in the SM unit certiﬁcate issued to the holder for the SM year; and (ii) the licence is in force; and (b) for the SM ﬁshery area. ‘ (4) In this section— “prescribed weight” , for spanish mackerel, is— (a) 1 kg of (whole weight) spanish mackerel; or (b) if schedule 5B, part 3, division 4 applies—the amount, of kilograms of (whole weight) spanish mackerel, worked out under schedule 5B, section 58. 4 ‘25G When SM unit entitlement is “used” for an SM year ‘ (1) The entitlement of an SM unit held by a person is “used” for an SM year— (a) when the holder, or a person acting under the SM unit, has taken, in that SM year under the holder’s SM ﬁshery licence, an amount of (whole weight) spanish mackerel for the SM unit equalling the holder’s entitlement under the SM unit; or (b) if section 25H applies. 4 Schedule 5B (Special provisions for spanish mackerel commercial ﬁshery), part 3 (Issue of SM units), division 4 (Reduction in weight equivalent of SM units), section 58 (Adjusted weight equivalent of SM unit)

s 6 13 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (2) The “unused entitlement” of a holder’s SM unit for an SM year is the amount of (whole weight) spanish mackerel for the SM unit that has not been taken, for the SM year, under the holder’s SM fishery licence. ‘25H No carrying forward of unused entitlement ‘ (1) This section applies if, in an SM year, an SM unit holder takes, under the holder’s SM fishery licence, an amount of spanish mackerel for the SM units that is less than the total entitlements under the holder’s SM units. ‘ (2) The holder is taken, at the end of the SM year, to have used all the entitlements under the SM units held by the holder for the SM year. ‘25I SM unit certificates ‘ (1) The chief executive must, as soon as practicable before the start of each SM year, issue to each SM unit holder a certificate (a “SM unit certificate” ), for the SM year, in relation to each SM fishery licence held by the holder. ‘ (2) The certificate must state each of the following— (a) the certiﬁcate number; (b) the holder’s name; (c) the notice identity number for the holder’s SM units relating to the licence; (d) the licence number of the licence; (e) the boat mark of the primary commercial ﬁshing boat identiﬁed on the licence; (f) the licence number of any tender commercial ﬁshing boat licence identifying a tender commercial ﬁshing boat of the primary commercial ﬁshing boat; (g) the SM year to which the certiﬁcate applies; (h) how many SM units the holder has in relation to the licence; (i) the amount of (whole weight) spanish mackerel that may be taken in the SM year for each SM unit; (j) if the chief executive has imposed conditions on the SM units—the conditions;

s 6 14 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (k) if the chief executive has suspended any of the SM units— (i) the number of SM units suspended; and (ii) the period of the suspension. ‘25J Evidentiary provision for SM unit certificate ‘An SM unit certiﬁcate is evidence of— (a) the number of SM units held, at the time the certiﬁcate was issued, by the holder in relation to the SM ﬁshery licence identiﬁed in the certiﬁcate; and (b) the conditions, if any, imposed on the SM units. ‘Division 3—Evidentiary aids for use of entitlement ‘25K Transhipment notice and landed fish notice are evidence of use of entitlement ‘ (1) This section applies if the holder of SM units, or the person in control of the primary commercial ﬁshing boat identiﬁed in the holder’s SM unit certiﬁcate for the SM year, gives the chief executive a landed ﬁsh notice or a transhipment notice for spanish mackerel for the SM units. ‘ (2) The notice is evidence that the holder has taken, under the SM units, the amount of spanish mackerel stated in the notice. ‘ (3) However, subsection (2) does not apply for a transhipment notice if a landed ﬁsh notice later given for the spanish mackerel states an amount of spanish mackerel that is different from the amount stated in the transhipment notice. ‘Division 4—Transfer of SM units ‘25L Purpose and application of div 4 ‘This division—

s 6 15 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (a) prescribes, for section 65(4)(a) 5 of the Act, conditions for the granting, by the chief executive, of an application to transfer SM units; and (b) provides for the entitlement of the transferee under transferred SM units. ‘25M Only whole SM units may be transferred ‘A part of an SM unit can not be transferred. ‘25N Eligibility of transferee ‘An SM unit may be transferred only by the holder of an SM ﬁshery licence to another person who holds an SM ﬁshery licence. ‘25O Application for SM unit certificate changes required ‘ (1) The proposed transferor and proposed transferee must apply to the chief executive for SM unit certiﬁcate changes that reﬂect the proposed transfer of the SM units, and their entitlement. ‘ (2) The application must state, for the SM year in which the transfer is proposed to take effect, whether the entitlements of the SM units to be transferred are used or unused. ‘25P Required minimum SM units after transfer ‘ (1) The chief executive must not approve the application if, were the transfer to be made, the number of SM units held by the transferor in relation to an SM fishery licence after the transfer would be less than 375. ‘ (2) However, the chief executive may approve the application if— (a) the application is to transfer all the SM units held by the transferor in relation to an SM ﬁshery licence; and (b) the transferor has also applied to amend the transferor’s SM ﬁshery licence to remove the ﬁshery symbol ‘SM’ from the licence. 5 Section 65 (Transfer of authority (other than permit)) of the Act

s 6 16 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (3) If the application states the entitlements of the SM units to be transferred are unused, and the chief executive is not reasonably satisﬁed the entitlements of the SM units are unused when the application is approved, the chief executive may approve the application on the condition that the entitlements of the SM units transferred are used. ‘25Q When transfer of SM units takes effect ‘If the chief executive approves the application, the transfer takes effect for the rest of the SM year in which the approval is given. ‘25R Entitlement of transferee ‘ (1) The entitlement of the transferee under transferred SM units is— (a) for the SM year in which the transfer takes effect—the entitlement of the transferor under the units immediately before the chief executive approved the transfer; and (b) for a later SM year—the entitlement the transferor would have had under the units, had the transfer not taken place, at the beginning of the SM year. ‘ (2) For subsection (1)(a), if part of the entitlement of the transferor under a transferred SM unit is used, the whole entitlement of the transferee under the transferred SM unit is taken to be used. ‘Division 5—Substituting SM ﬁshery licence to which SM units relate ‘25S Application to substitute SM fishery licence to which SM units relate ‘ (1) An SM unit holder may apply to the chief executive for SM unit certiﬁcate changes to substitute the SM ﬁshery licence held by the holder to which the SM units relate. ‘ (2) The application must state whether the entitlements of the SM units to which the substitution is to apply are used or unused.

s 6 17 s 6 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘25T How chief executive must deal with application ‘ (1) The chief executive must not approve an application made under section 25S if, were the substitution to be made, the number of SM units held by the SM unit holder in relation to an SM fishery licence after the substitution would be less than 375. ‘ (2) However, the chief executive may approve the application if— (a) the substitution applies to all the SM units held by the holder in relation to an SM ﬁshery licence; and (b) the holder has also applied to amend the SM ﬁshery licence by removing the ﬁshery symbol ‘SM’ from the licence. ‘ (3) If the application states that the entitlements of the SM units to which the substitution applies are unused, and the chief executive is not reasonably satisﬁed the entitlements of the SM units are unused when the application is approved, the chief executive may approve the application on the condition that the entitlements of the SM units are used. ‘ (4) If the chief executive approves the application, the chief executive must replace the relevant SM unit certiﬁcates issued to the holder for the SM year in which the application is made to reﬂect the substitution of the SM ﬁshery licence to which the SM units relate. ‘Division 6—Issue of tags for taking spanish mackerel ‘25U Chief executive must issue tags ‘ (1) The chief executive must, before the start of each SM year— (a) estimate the number of tags an SM unit holder would require for the SM year if all the holder’s entitlements under the SM units were used; and (b) issue the estimated number of tags to the holder. ‘ (2) For subsection (1)(b), the tags must be issued to the holder with the holder’s SM unit certiﬁcate for the year. ‘ (3) The tags issued to the holder must— (a) each be marked with a unique identifying number; and (b) be marked with consecutive identifying numbers.

s 7 18 s 7 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘25V Additional or replacement tags ‘ (1) During an SM year, the holder may apply in writing to the chief executive for— (a) tags to replace tags issued to the holder under section 25U; or (b) additional tags for the SM year. ‘ (2) The application must state— (a) for an application for replacement tags— (i) the reason the holder requires the replacement tags; and (ii) the identifying numbers of the tags being replaced; or (b) for an application for additional tags—that the holder has used, or is about to use, all the tags issued to the holder under section 25U. ‘ (3) If the chief executive is reasonably satisﬁed the replacement tags or additional tags are required by the holder, the chief executive must issue the replacement tags or additional tags to the holder. ‘Division 7—Change of notice identity number ‘25W Change of notice identity number ‘ (1) The holder of SM units may, by written notice, ask the chief executive to change the notice identity number for the SM units. ‘ (2) On receiving the notice, the chief executive must— (a) change the notice identity number for the SM units to another 4-digit number decided by the chief executive; and (b) give the holder a written notice stating that the notice identity number has been changed. ‘ (3) The change of notice identity number takes effect when the notice mentioned in subsection (2) is given to the holder.’. 7 Amendment of pt 6, hdg Part 6, heading, after ‘Quotas’—

s 8 19 s 11 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 insert — ‘ GENERALLY ’. 8 Amendment of s 26 (Quotas for commercial fisheries) Section 26— insert — ‘ (4) The quota provided for in part 5C applies to spanish mackerel taken in the spanish mackerel commercial ﬁshery established under schedule 11A.’. 9 Amendment of pt 7, hdg Part 7, heading, after ‘Authorities’— insert — ‘ GENERALLY ’. 10 Amendment of s 40 (Other authorities the chief executive may issue) Section 40(2), ‘the authority.’— omit, insert — ‘the authority. 6 ’. 11 Insertion of new s 41A After section 41— insert — ‘41A Restrictions on writing fishery symbol ‘SM’ ‘The chief executive may write the ﬁshery symbol ‘SM’ on an authority only— 6 See also part 5C (Quota and authority for spanish mackerel commercial ﬁshery).

s 12 20 s 14 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (a) under schedule 5B, part 2; 7 or (b) if— (i) the authority replaces an authority on which the symbol was written under schedule 5B, part 2; or (ii) the chief executive renews an authority on which the symbol was written under schedule 5B, part 2.’. 12 Amendment of s 45 (Restriction on things authorised by an authority with more than 1 fishery symbol on it) Section 45— insert — ‘ (4) Also, the persons may take the following ﬁsh at the same time— (a) spanish mackerel under ﬁshery symbol ‘SM’; (b) ﬁn ﬁsh, other than spanish mackerel, under ﬁshery symbol ‘L1’, ‘L2’, ‘L3’, ‘L6’, ‘L7’ or ‘L8’.’. 13 Insertion of new pt 7, div 5, sdiv 1, heading Before section 48— insert — ‘Subdivision 1—General authorisations and conditions’. 14 Amendment of s 56 (Tender commercial fishing boat licence) (1) Section 56(4)(a), ‘is able to be used by the holder, but’— omit. (2) Section 56(6)— omit, insert — ‘ (6) Despite subsection (5), a tender commercial ﬁshing boat licence holder using a tender commercial ﬁshing boat as a primary commercial 7 Schedule 5B (Special provisions for spanish mackerel commercial ﬁshery), part 2 (Obtaining ﬁshery symbol ‘SM’)

s 15 21 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ﬁshing boat is not required to comply with a VMS equipment or manual reporting condition for the tender commercial ﬁshing boat if— (a) the VMS equipment or manual reporting condition for the primary commercial ﬁshing boat is complied with; and (b) during the whole period the tender commercial ﬁshing boat is being used as a primary commercial ﬁshing boat, no trawl net, or ﬁsh taken by the use of a trawl net, is on or attached to the tender commercial ﬁshing boat. ‘ (7) In this section— “take fish” , for subsection (4), does not include merely having ﬁshing apparatus or ﬁsh on board the primary commercial ﬁshing boat. “VMS equipment or manual reporting condition” means a condition imposed under the East Coast Trawl Plan, chapter 3, part 5. 8 ’. 15 Insertion of new pt 7, div 5, subdivs 2 and 3 Part 7, division 5— insert — ‘Subdivision 2—Authorisations and conditions for SM ﬁshery licences and SM units ‘58A Purpose and application of sdiv 2 ‘This subdivision— (a) prescribes conditions to which the following are subject— (i) SM units; (ii) for a commercial ﬁsher acting under SM units held by another person—the person’s commercial ﬁsher licence; and (b) applies to each of the following persons (the “prescribed persons” )— (i) the holder of SM units; 8 The East Coast Trawl Plan, chapter 3, part 5 (VMS Equipment and manual reporting conditions).

s 15 22 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (ii) a commercial ﬁsher acting under SM units held by another person. ‘58B Definitions for sdiv 2 ‘In this subdivision— “authorised boat” means— (a) the primary commercial ﬁshing boat identiﬁed in the SM unit holder’s SM unit certiﬁcate for an SM year; and (b) a tender commercial ﬁshing boat, the licence number for which is stated in the SM unit certiﬁcate, of the primary commercial ﬁshing boat. “prescribed person” see section 58A(b). ‘58C Requirements for taking or possessing spanish mackerel on board authorised boat ‘A prescribed person may take spanish mackerel, or possess spanish mackerel on board an authorised boat, in an SM year only if— (a) the SM unit holder holds SM units with unused entitlements for the SM year; and (b) if the spanish mackerel is brought ashore— (i) the applicable notice requirements in section 58F, 58G or 58H are complied with for the spanish mackerel; and (ii) the spanish mackerel brought ashore complies, or substantially complies, with any notice given under this subdivision; and (c) the tagging requirements under section 58I are complied with for the spanish mackerel. ‘58D Requirement for bringing spanish mackerel ashore ‘A prescribed person must not bring ashore spanish mackerel taken from an authorised boat unless— (a) a prior notice has been given for the ﬁsh as required under section 58F; or

s 15 23 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (b) a transhipment notice has been given for the ﬁsh as required under section 58G. ‘58E Requirement for possessing spanish mackerel ‘ (1) A prescribed person may possess spanish mackerel, other than on board an authorised boat, only if the person complies with the tagging requirements under section 58I. ‘ (2) This section applies even if the spanish mackerel was not taken by the person. ‘58F Prior notice ‘ (1) This section applies if spanish mackerel taken from an authorised boat are proposed to be brought ashore from the authorised boat. ‘ (2) The SM unit holder must give notice ( “prior notice” ) of the following to the chief executive— (a) the notice identity number for the SM units; (b) the place where the spanish mackerel will be brought ashore; (c) the estimated date and time when the spanish mackerel will be brought ashore; (d) the estimated number of spanish mackerel on board the boat; (e) if there are ﬁlleted spanish mackerel on board the boat—the estimated number of containers in which the ﬁllets are kept. ‘ (3) A prior notice must be given to the chief executive no later than 4 p.m. on the day before the day the spanish mackerel are brought ashore. ‘ (4) The holder or person in control of the boat may, by notice to the chief executive— (a) no less than 3 hours before the spanish mackerel is brought ashore—amend a detail given under subsection (2); or (b) at any time—withdraw the prior notice. ‘ (5) However, a detail given under subsection (2) may not be amended after the authorised boat berths at a mainland mooring. ‘ (6) The holder or person in control must record the receipt number given by or for the chief executive for the prior notice.

s 15 24 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (7) The holder complies with subsection (2) if the person in control of the boat gives the notice, in compliance with the subsection, for the holder. ‘58G Transhipment notice ‘ (1) This section applies if spanish mackerel is— (a) taken from an authorised boat; and (b) transferred, before the spanish mackerel is brought ashore, to any of the following vessels (a “transport vessel” )— (i) a boat identiﬁed in a carrier boat licence; (ii) a ship, within the meaning of the TransportOperations(Marine Safety) Act 1994 , registered under that Act; and (c) proposed to be brought ashore from the transport vessel. ‘ (2) As soon as practicable after the spanish mackerel is transferred to the transport vessel, the SM unit holder must give notice ( “transhipment notice” ) of the following to the chief executive— (a) the notice identity number for the SM units; (b) for a transport vessel mentioned in subsection (1)(b)(i)—the boat mark of the boat; (c) for a transport vessel mentioned in subsection (1)(b)(ii)—the ship’s registration number; (d) the estimated weight of whole spanish mackerel taken from the authorised boat and proposed to be brought ashore from the transport vessel; (e) if ﬁlleted spanish mackerel are proposed to be brought ashore— (i) the estimated number of containers in which the ﬁllets are kept; and (ii) the estimated weight of ﬁllets of spanish mackerel proposed to be brought ashore. ‘ (3) The holder or person in control must record the receipt number given by or for the chief executive for the transhipment notice. ‘ (4) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder.

s 15 25 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘58H Landed fish notice ‘ (1) This section applies if spanish mackerel are— (a) taken from an authorised boat; and (b) brought ashore from the authorised boat or a transport vessel. ‘ (2) The SM unit holder must give notice ( “landed fish notice” ) of the following matters to the chief executive as soon as practicable after the spanish mackerel is brought ashore— (a) the notice identity number for the SM units; (b) the receipt number for the prior notice or the transhipment notice given for the spanish mackerel; (c) the number and weight of each of the following brought ashore— (i) whole spanish mackerel; (ii) gilled and gutted spanish mackerel; (iii) trunked spanish mackerel; (d) if ﬁlleted spanish mackerel are brought ashore— (i) the number of containers in which the ﬁllets are kept; and (ii) the weight of the ﬁllets of spanish mackerel brought ashore. ‘ (3) For subsection (2)(c) and (d)(ii), the weight of spanish mackerel must be worked out using a scale that is certiﬁed under the TradeMeasurement Act 1990 . ‘ (4) The holder or a commercial ﬁsher must retain possession of the spanish mackerel until the landed ﬁsh notice is given. ‘ (5) The holder complies with subsection (2) if the person who was in control of the boat when the spanish mackerel was taken gives the notice, in compliance with the subsection, for the holder. ‘58I Requirement to tag spanish mackerel ‘ (1) A prescribed person must, at all times while a spanish mackerel taken from an authorised boat is in the person’s possession, ensure— (a) for a spanish mackerel other than a ﬁlleted spanish mackerel—a tag is securely attached to the spanish mackerel; or

s 15 26 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (b) for a ﬁlleted spanish mackerel—a tag is secured to the outside of the container in which the ﬁllets are kept. ‘ (2) If the prescribed person gives possession of the spanish mackerel to a person to whom section 58N or section 90A applies, the prescribed person must ensure the spanish mackerel is, when possession is given, tagged as required under subsection (1). 9 ‘58J Use of tags by holder ‘ (1) The holder of SM units must, during an SM year, use the tags issued to the holder for the SM year consecutively according to the identifying numbers on the tags. (2) The holder must not— (a) use a tag more than once; or (b) use a tag that is not completely intact. ‘58K Notices to chief executive under this subdivision ‘ (1) This section applies to a notice to the chief executive given under section 58F, 58G or 58H. ‘ (2) The notice must be given to the chief executive by telephone to a telecommunications service provider for the chief executive appointed by gazette notice. ‘ (3) The chief executive may make guidelines about how to give a notice under subsection (2). ‘ (4) A person is taken to have given a notice under this subdivision if, to the extent they are relevant, the guidelines are complied with. ‘58L Requirements for guidelines ‘ (1) This section applies if the chief executive makes guidelines under section 58K(3). 9 Section 58N (Possession of spanish mackerel in trade or commerce—buyers) or 90A (Possession of spanish mackerel in trade or commerce—persons other than authority holders)

s 15 27 s 15 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (2) As soon as practicable after making the guidelines, the chief executive must notify the guidelines in the gazette. ‘ (3) The Minister must, within 14 sitting days after the gazettal, table the guidelines in the Legislative Assembly as if they were subordinate legislation. ‘ (4) The Statutory Instruments Act 1992 , part 6, 10 applies to the guidelines as if they were subordinate legislation. ‘ (5) Also, the chief executive must ensure a copy of the guidelines is available for inspection at the department’s head ofﬁce, free of charge, by members of the public during ofﬁce hours on business days. ‘58M Admissibility of guidelines in proceedings ‘ (1) This section provides for the admissibility, in certain offence proceedings, of guidelines made under section 58K(3). ‘ (2) The guidelines are admissible in a proceeding relating to a contravention of a requirement to give notice to the chief executive under section 58F, 58G or 58H. ‘ (3) However, the guidelines are not admissible in evidence against a person unless the guidelines were gazetted and tabled in the Legislative Assembly before the act or omission that is alleged to form the offence. ‘Subdivision 3—Condition for buyer licence about possession of spanish mackerel ‘58N Possession of spanish mackerel in trade or commerce—buyers ‘ (1) A buyer who possesses, in trade or commerce, spanish mackerel after the spanish mackerel is brought ashore must ensure, at all times while the spanish mackerel is in the buyer’s possession— (a) for spanish mackerel that is in whole form—a tag is securely attached to the spanish mackerel; or (b) for spanish mackerel that is not in whole form—a tag is kept— (i) at the premises where the spanish mackerel is kept; and 10 StatutoryInstruments Act1992 , part 6 (Procedures after making of subordinate legislation)

s 16 28 s 16 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (ii) if the premises are open to the public for the carrying on of business—in a part of the premises accessible to the public. ‘ (2) If the buyer gives possession of the spanish mackerel to a person to whom this section or section 90A 11 applies, the buyer must ensure the spanish mackerel is, when possession is given, tagged as required under subsection (1).’. 16 Insertion of new pt 7, div 5A Part 7— insert — ‘Division 5A—Prescribed suspension and cancellation criteria for SM units ‘58O Criteria for suspending SM units ‘ (1) This section prescribes criteria under section 67(2)(b)(i) 12 of the Act for suspending SM units on the ground mentioned in section 67(1)(a) of the Act. ‘ (2) The prescribed criteria apply if, in an SM year— (a) the SM unit holder takes, under the holder’s SM fishery licence, an amount of spanish mackerel for the SM units that exceeds the holder’s total entitlements under the SM units; or (b) the holder’s SM ﬁshery licence is suspended. ‘ (3) The prescribed criteria are— (a) for subsection (2)(a)—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or (b) for subsection (2)(b)—suspension for the SM year of all the holder’s SM units with unused entitlements. 11 Section 90A (Possession of spanish mackerel in trade or commerce—persons other than authority holders) 12 Section 67 (Suspension or cancellation of authorities by chief executive) of the Act

s 17 29 s 18 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘58P Criteria for cancelling SM units ‘ (1) This section prescribes criteria under section 67(2)(b)(i) of the Actfor cancelling SM units on the ground mentioned in section 67(1)(a) of the Act. ‘ (2) The prescribed criteria apply if, in an SM year, an SM unit holder is convicted of a serious ﬁsheries offence involving taking or possessing an amount of spanish mackerel that exceeds the holder’s unused SM unit entitlements for the SM year by 500 kg (whole weight) or more. ‘ (3) The prescribed criteria is cancellation of the number of the holder’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the holder.’. 17 Insertion of new pt 7, div 7, sdiv 1, hdg Part 7, division 7, before section 61— insert — ‘Subdivision 1—General provisions’. 18 Amendment of s 62 (Particulars to be contained in register of authorities) Section 62— insert — ‘(l) for an SM unit, the following particulars, recorded together for all SM units held by a person in relation to an SM ﬁshery licence— (i) the holder’s name; (ii) the number of the SM unit certiﬁcate issued to the holder for the SM units; (iii) the licence number of the licence; (iv) the boat mark of the primary commercial ﬁshing boat identiﬁed on the licence; (v) how many SM units the person holds;

s 19 30 s 19 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (vi) if the chief executive has suspended any of the SM units—the number of SM units suspended and the period of the suspension.’. 19 Replacement of s 64A (Fishing priority) Section 64A— omit, insert— ‘Subdivision 2—Fishing priority ‘64A Definitions for sdiv 2 ‘In this subdivision— “prescribed area” means an area within the boundary, identiﬁed by reference to 2 prescribed ﬂags, formed by the following lines— (a) the line that— (i) is perpendicular to the line between the 2 prescribed ﬂags; and (ii) runs from the point that is 500 m seaward of 1 prescribed ﬂag (the “first flag” ) to the point that is 500 m landward of the ﬁrst ﬂag; (b) the line that— (i) is perpendicular to the line mentioned in paragraph (a); and (ii) runs from the point that is 500 m landward of the ﬁrst ﬂag to the point that is 500 m landward of the other prescribed ﬂag (the “second flag” ); (c) the line that— (i) is perpendicular to the line mentioned in paragraph (b); and (ii) runs from the point that is 500 m landward of the second ﬂag to the point that is 500 m seaward of the second ﬂag; (d) the line that— (i) is perpendicular to the line mentioned in paragraph (c); and (ii) runs from the point that is 500 m seaward of the second ﬂag to the point that is 500 m seaward of the ﬁrst ﬂag.

s 19 31 s 19 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 “prescribed flag” , in relation to a prescribed area, means a ﬂag that— (a) is orange; and (b) has an area of no less than 1 m 2 ; and (c) has the following written on it— (i) the boat mark of the boat being used to take ﬁsh in the prescribed area; and (ii) the words ‘ﬁshing priority’. ‘64B Meaning of “ready to fish” ‘A commercial ﬁsher is “ready to fish” with a net in an area of a commercial ﬁshery if— (a) the ﬁsher has, in the area— (i) a commercial ﬁshing boat licensed to take ﬁsh in the area; and (ii) at least the minimum number of crew required to take ﬁsh in the area; and (b) there is, on the boat, a net permitted to be used to take ﬁsh in the area. ‘64C Fishing priority ‘ (1) Commercial ﬁshers have the right to use nets under an authority in an area of a commercial ﬁshery, for which the authority is issued, in the order in which the ﬁshers are ready to ﬁsh with the nets in the area. ‘ (2) If 2 or more commercial ﬁshers jointly use nets, they are taken to be 1 commercial ﬁsher. ‘ (3) A right under subsection (1) lasts— (a) for not more than 6 hours from when the ﬁsher is ready to ﬁsh with a net in the area; and (b) only while the ﬁsher is ready to ﬁsh with a net in the area. ‘ (4) Also, a right under subsection (1) only applies— (a) for an ocean beach ﬁshery—

s 20 32 s 20 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (i) if the ﬁsher holds a licence with a symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it; and (ii) to the prescribed area identiﬁed by reference to the 2 prescribed ﬂags placed by the ﬁsher, no more than 1 km apart, along the water’s edge as near as possible to the water’s edge; or (b) for another ﬁshery—to an area around the boat with a radius equal to the length of a net the ﬁsher is permitted to use in the ﬁshery. ‘64D Interfering with prescribed flag ‘ (1) A person must not interfere with a prescribed ﬂag placed for section 64C(4)(a)(ii). Maximum penalty—100 penalty units. ‘ (2) In this section— “interfere with” , in relation to a prescribed ﬂag, includes to remove the ﬂag.’. 20 Insertion of new pt 7, div 7, sdiv 3 Part 7, division 7— insert — ‘Subdivision 3—Changing ﬁshery symbol ‘SM’ to another authority ‘64E Definition for sdiv 3 ‘In this subdivision— “eligible authority” see section 64F.

s 20 33 s 20 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘64F Application to change fishery symbol ‘SM’ to another primary commercial fishing boat licence of holder ‘A person who holds a licence on which the ﬁshery symbol ‘SM’ was written under schedule 5B, part 2 13 may apply to the chief executive for the ﬁshery symbol ‘SM’ to be written on— (a) another primary commercial ﬁshing boat licence (the “eligible authority” ) held by the person on which a prescribed ﬁshery symbol is written; and (b) any tender commercial ﬁshing boat licence identifying a tender commercial ﬁshing boat of the primary commercial ﬁshing boat identiﬁed on the eligible authority. ‘64G How chief executive must deal with application ‘ (1) The chief executive must approve an application made under section 64F if it is accompanied by each of the following— (a) notice of the surrender of the person’s SM ﬁshery licence, as required under section 72 of the Act; (b) the SM ﬁshery licence; (c) the eligible authority; (d) any tender commercial ﬁshing boat licence identifying a tender commercial ﬁshing boat of the primary commercial ﬁshing boat identiﬁed on the eligible authority. ‘ (2) The chief executive can not approve the application if it is not accompanied by the documents mentioned in subsection (1). ‘ (3) If the chief executive approves the application, the chief executive must, as soon as practicable after approving the application— (a) amend the eligible authority, and any tender commercial ﬁshing boat licence identifying a tender commercial ﬁshing boat of the primary commercial ﬁshing boat identiﬁed on the eligible authority, by writing the ﬁshery symbol ‘SM’ on the licence or licences; and 13 Schedule 5B (Special provisions for spanish mackerel commercial ﬁshery), part 2 (Obtaining ﬁshery symbol ‘SM’)

s 21 34 s 21 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (b) replace the SM unit certiﬁcate issued to the holder for the SM year in which the application is made to reﬂect the surrender of the SM ﬁshery licence and the amendment of the eligible authority; and (c) send the amended authorities and the replacement SM unit certiﬁcate to the holder.’. 21 Insertion of new s 90A After section 90— insert — ‘90A Possession of spanish mackerel in trade or commerce—persons other than authority holders ‘ (1) This section applies to a person, other than an authority holder, who possesses, in trade or commerce, spanish mackerel after the spanish mackerel is brought ashore. ‘ (2) The person must ensure, at all times while the spanish mackerel is in the person’s possession— (a) for a spanish mackerel that is in whole form—a tag is securely attached to the spanish mackerel; or (b) for a spanish mackerel that is not in whole form—a tag is kept— (i) at the premises where the spanish mackerel is kept; and (ii) if the premises are open to the public for the carrying on of business—in a part of the premises accessible to the public. Maximum penalty—100 penalty units. ‘ (3) If the person gives possession of the spanish mackerel to a person to whom this section or section 58N 14 applies, the person must ensure the spanish mackerel is, when possession is given, tagged as required under subsection (2). Maximum penalty—100 penalty units.’. 14 Section 58N (Possession of spanish mackerel in trade or commerce—buyers)

s 22 35 s 23 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 22 Amendment of s 97 (Using commercial fishing boats for recreational fishing) Section 97, from ‘cover’ to ‘regulation’— omit, insert — ‘not cover or remove a mark placed on the boat under section 103’. 23 Replacement of s 103 (Marking boats) Section 103— omit, insert — ‘103 Placing mark on boat ‘ (1) This section applies if the chief executive has issued a person an authority allowing the use of a boat and— (a) the authority has, stated on it, a sequence of letters and numbers relevant for this section; or (b) the chief executive has given the person a notice stating a sequence of letters and numbers relevant for this section. ‘ (2) The authority holder must place a mark that complies with subsection (3) on each side of the boat’s hull and— (a) if the boat has a deck or shelter at the front of the boat—on the deck or shelter or an enclosed cabin or wheelhouse on the deck; or (b) if the boat does not have a deck or shelter at the front of the boat—on a ﬂat surface on the boat. Maximum penalty—100 penalty units. ‘ (3) For subsection (2), the mark must— (a) have a yellow background; and (b) have, written on it in the prescribed way, the sequence of letters or numbers stated in the authority or notice; and (c) be clearly visible— (i) for a mark on the side of the boat’s hull—for a person on another boat; or (ii) for another mark—for a person above the boat.

s 24 36 s 24 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (4) A person in control of a boat must not, unless the person has a reasonable excuse, use a boat, or allow the boat to be used, to take ﬁsh for trade or commerce unless the boat is marked in the way required under subsection (2). Maximum penalty—100 penalty units. ‘ (5) In this section— “prescribed way” , for a sequence of letters or numbers, means each letter or number in the sequence— (a) is written in black; and (b) has the following dimensions— (i) for a sequence to be written on a boat with a length of less than 10 m—a height of at least 20 cm, and a width of no less than 2 cm and no more than 2.5 cm; (ii) for a sequence to be written on a boat with a length of 10 m or more but less than 25 m—a height of at least 30 cm, and a width of no less than 3.5 cm and no more than 4 cm; (iii) for a sequence to be written on a boat with a length of 25 m or more—a height of at least 45 cm, and a width of no less than 6 cm and no more than 6.5 cm. ‘103A Removing mark placed on boat ‘ (1) This section applies if— (a) an authority holder has placed, or caused to have placed, a mark on a boat under section 103, whether or not the mark complies with all the requirements of that section; and (b) the boat is replaced or the authority under which the boat is used is cancelled, surrendered or has expired. ‘ (2) The authority holder or, if the authority is cancelled, surrendered or has expired, the former authority holder, must remove the mark from the boat. Maximum penalty—100 penalty units.’. 24 Amendment of s 105 (Prescribed authorities—Act, s 70C) Section 105—

s 25 37 s 29 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 insert — ‘(h) an SM unit.’. 25 Renumber and relocation of section 106 (Particulars to be contained on dockets for wholesale of fisheries resources etc.) Section 106— renumber and relocate as section 108A. 26 Amendment of s 108 (Serious fisheries offences) (1) Section 108(b)(iv)— renumber as section 108(b)(vi). (2) Section 108(b)— insert — ‘(iv) removal, destruction or damage of a marine plant; (v) unlawfully performing works or related activity, or causing to be performed works or related activity, in a declared ﬁsh habitat area;’. 27 Renumbering of pt 12, div 2 Part 12, division 2— renumber as division 3. 28 Insertion of new pt 12, div 2, hdg After section 108— insert— ‘Division 2—Statistical returns and other information’. 29 Amendment of s 109 (Statistical records to be kept) Section 109, heading—

s 30 38 s 30 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 omit, insert — ‘109 Statistical returns to be kept—general’. 30 Insertion of new ss 109B and 109C After section 109A— insert — ‘109B Statistical returns and information about spanish mackerel ‘ (1) The following persons must keep and give to the chief executive the returns or information, about spanish mackerel, required by the chief executive— (a) a buyer who buys any amount of spanish mackerel from a commercial ﬁsher or the holder of a primary commercial ﬁshing boat licence; (b) the holder of an SM ﬁshery licence; (c) the holder of SM units. ‘ (2) A holder mentioned in subsection (1)(b) or (c) complies with subsection (1) if a commercial ﬁsher acting under the holder’s SM ﬁshery licence or SM units gives the returns, in compliance with the subsection, for the holder. ‘109C Daily record of use of boat identified on SM fishery licence ‘ (1) The person in control of a primary commercial ﬁshing boat identiﬁed on an SM ﬁshery licence must keep a record of the matters stated in subsection (2) for each day on which spanish mackerel is taken from— (a) the primary commercial ﬁshing boat; or (b) a tender commercial ﬁshing boat of the primary commercial ﬁshing boat. ‘ (2) For subsection (1), the matters are each of the following— (a) the day to which the record relates; (b) the latitude and longitude of the primary commercial ﬁshing boat’s location, or the name of the reef, where the majority of spanish mackerel was taken during the day;

s 31 39 s 33 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (c) the number and the amount of (whole weight) spanish mackerel, in a way that reasonably identiﬁes the ﬁsh as spanish mackerel, taken from the primary commercial ﬁshing boat, or a tender commercial ﬁshing boat of the primary commercial ﬁshing boat, during the day; (d) the ﬁrst and last identifying numbers of the tags used to tag the spanish mackerel mentioned in paragraph (c). ‘ (3) The record must be— (a) made as soon as practicable after ﬁshing under the SM ﬁshery licence ends for the day; and (b) kept on board the primary commercial ﬁshing boat, and made available for immediate inspection, at all times until a landed ﬁsh notice is given for all the ﬁsh mentioned in subsection (2)(c).’. 31 Renumber and relocation of s 110 (Threshold percentage for declared fisheries resources) Section 110— renumber and relocate as section 100A. 32 Amendment of s 110A (Prescribed matter for certificates—Act, s 184) Section 110A(1)(a)(i), ‘section 109 or 109A’— omit, insert — ‘109, 109A or 109B’. 33 Insertion of new 110B After section 110A— insert— ‘110B Review relating to spanish mackerel ‘ (1) The chief executive must conduct reviews about the level of commercial and recreational ﬁshing for spanish mackerel. ‘ (2) A review under subsection (1) must— (a) be conducted every second year after 2004; and

s 34 40 s 34 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (b) end before 1 March in the year of the review. ‘ (3) However, the chief executive may conduct a review at an earlier time as the chief executive considers appropriate.’. 34 Insertion of new pt 13 After section 113— insert — ‘PART 13—TRANSITIONAL PROVISIONS FOR FISHERIES AMENDMENT REGULATION (No. 3) 2003 ‘114 Requirements for marking boats for particular boats ‘ (1) This section applies if— (a) the chief executive has— (i) issued a person an authority allowing the use of a boat; and (ii) required the person to mark the boat in a particular way; and (b) the authority was issued before the commencement of this section. ‘ (2) Despite section 103— (a) the person must mark the boat in the way required by the chief executive; and (b) must not use the boat, or allow the boat to be used, to take ﬁsh for trade or commerce unless it is marked in the way required by the chief executive. Maximum penalty—100 penalty units. ‘ (3) If the boat is replaced or the authority is cancelled, surrendered or expires, the holder or former holder of the authority must remove the mark from the boat. Maximum penalty—100 penalty units. ‘115 Expiry of pt 13 ‘This part expires on 1 December 2003.’.

s 35 41 s 35 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 35 Amendment of sch 2 (Closed waters—commercial fishing) (1) Schedule 2, part 3— insert— ‘Division 4—Tailor ‘51C Prohibited activities ‘The following activities are prohibited in waters described in this division— (a) using commercial ﬁshing nets to take tailor; (b) possessing tailor taken in contravention of paragraph (a). ‘51D Fraser Island ‘The following waters of Fraser Island— (a) eastern foreshore waters and waters within 200 m from the shore at low water, between Hook Point and Sandy Cape; and (b) western foreshore waters and waters within 200 m from the shore at low water, between Sandy Cape and Sandy Point.’. (2) Schedule 2— insert — ‘71A North Stradbroke Island—northern beaches ‘ (1) Waters within 200 m from the shore at low water between North Gorge 15 and Adder Rock. ‘ (2) The waters are closed from 20 September to 1 April.’. (3) Schedule 2, section 85, heading, after ‘Island’— insert — ‘ —Hook Point to northern tip ’. (4) Schedule 2— insert — 15 North Gorge is at the southern end of Frenchman’s Beach.

s 35 42 s 35 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘85A Fraser Island—Tooloora Creek to Ngkala Rocks ‘ (1) Fraser Island’s eastern foreshore waters and waters within 200 m from the shore at low water, between Tooloora Creek and the Northern end of North Ngkala Rocks. ‘ (2) The waters are closed from midday on 1 April to midday on 1 September.’. (5) Schedule 2, section 100(2)— omit, insert — ‘ (2) The Fitzroy River and waterways joining it, upstream of a line 16 — • from the intersection between longitude 150º40.14' east and the northern bank of the river; 17 • to the intersection between longitude 150º40.34' east and the southern bank of the river. 18 ’. (6) Schedule 2— insert — ‘193A Hervey Bay scallop ranching areas ‘ (1) Waters of Hervey Bay— (a) within the following boundary— • from latitude 24º57.00' south, longitude 153º05.00' east to latitude 24º57.00' south, longitude 153º08.50' east • to latitude 25º00.00' south, longitude 153º08.50' east • to latitude 25º00.00' south, longitude 153º05.00' east • to latitude 24º57.00' south, longitude 153º05.00' east; and (b) within the following boundary— • from latitude 24º54.00' south, longitude 152º37.00' east to latitude 24º54.00' south, longitude 152º41.00' east 16 Note, the line runs across the Fitzroy River at the part of the river commonly known as the cut through. 17 The intersection between longitude 150º40.14' east and the northern bank of the Fitzroy River is approximately at latitude 23º30.19' south, longitude 150º40.14' east. 18 The intersection between longitude 150º40.34' east and the southern bank of the Fitzroy River is approximately at latitude 23º30.39' south, longitude 150º40.34' east.

s 36 43 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 • to latitude 24º57.00' south, longitude 152º41.00' east • to latitude 24º57.00' south, longitude 152º37.00' east • to latitude 24º54.00' south, longitude 152º37.00' east. ‘ (2) This section applies only to a trawl net.’. (7) Schedule 2, section 213(2), ﬁrst and second dot points— omit, insert — ‘• from an F ↑ B sign east of Round Hill near the north bank of the unnamed waterway that joins Hinchinbrook Channel 19 • to an F ↑ B sign on Hinchinbrook Island near latitude 18º18.76' south, longitude 146º08.77' east’. 36 Amendment of sch 4 (Regulated fish) (1) Schedule 4, part 2, division 1, under heading ‘Reef ﬁsh’, entry for ‘narrow-barred or spanish mackerel’, ‘10’— omit, insert — ‘3’. (2) Schedule 4, part 3, division 4, under the heading ‘Reef ﬁsh’, entry for ‘teraglin jew’, ‘45 cm’— omit, insert — ‘38 cm’. (3) Schedule 4, part 3, division 4, under the heading ‘Other ﬁsh’, entry for ‘blue swimmer crab’— omit, insert— ‘blue swimmer crab—less than 11.5 cm’. 37 Insertion of new sch 5B After schedule 5A— insert — 19 The north bank of the unnamed waterway is near latitude 18º21.79' south, longitude 146º07.55' east.

s 37 44 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘SCHEDULE 5B ‘SPECIAL PROVISIONS FOR SPANISH MACKEREL COMMERCIAL FISHERY sections 1 and 41A ‘PART 1—PRELIMINARY ‘Division 1—Interpretation ‘1 Definitions for sch 5B ‘In this schedule— “catch-per-unit-effort special circumstance” see section 2 of this schedule. “close relative” , for an individual, means— (a) a spouse, parent or child, including a step-parent or step-child, of the individual; or (b) a parent or child, including a step-parent or step-child, of the individual’s spouse. “decision notice” , about a decision mentioned in section 24, 26 or 49 of this schedule, means a notice stating each of the following— (a) the decision and the reasons for it; (b) that the person may appeal against the decision to the tribunal within 28 days after the person receives the notice; (c) how to appeal. “director” has the meaning given under the Corporations Act, section 9. 20 “event” , for an event-based special circumstance, means an event, or a combination of events, mentioned in section 3(c) of this schedule. 20 Corporations Act, section 9 (Dictionary)

s 37 45 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 “event-based qualifying period” , for an event-based special circumstance, see— (a) if the event period for the event-based special circumstance was happening on 31 December 1997—section 12 of this schedule; or (b) if the event period for the event-based special circumstance happened wholly within the qualifying period—section 13 of this schedule; or (c) if the event period for the event-based special circumstance was happening on 31 December 2002—section 14 of this schedule. “event-based special circumstance” see section 3 of this schedule . “event period” , for an event-based special circumstance, see section 3(a) of this schedule. “first-recent-entrant special circumstance” see section 4(1) of this schedule. “first SM year” means the period starting on 1 July 2004 and ending on 30 June 2005. “former Authority” means— (a) the former Queensland Fisheries Management Authority under the Act; or (b) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 . “member” of a corporation includes a member within the meaning of the Corporations Act, section 231. 21 “notional amount” see section 9(1) of this schedule. “personal history special circumstance” — (a) for an individual—see section 5 of this schedule; or (b) for a corporation—see section 6 of this schedule. 21 Corporations Act, section 231 (Membership of a company)

s 37 46 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 “prescribed waters” means waters east of longitude 142º30.00' east and between latitude 10º41.00' south and latitude 28º30.00' south. 22 “qualifying period” means the period starting on 1 January 1998 and ending on 31 December 2002. “relevant licence” see section 17 of this schedule. “relevant logbook information” means logbook information — (a) received by the chief executive or a former Authority on or before 16 May 2003; and (b) relating to the prescribed waters. “relevant person” , for a holder of a licence, means— (a) if the holder of the licence is an individual—a holder or a close relative of the holder; or (b) if the holder of the licence is a corporation—a director or member of the corporation, or a close relative of the director or member. “second-recent-entrant special circumstance” see section 4(2) of this schedule. “special circumstance” , for the holder of a licence, means— (a) for part 2 of this schedule—any of the following— (i) catch-per-unit-effort special circumstance; (ii) event-based special circumstance; (iii) ﬁrst-recent-entrant special circumstance; (iv) second-recent-entrant special circumstance; (v) personal history special circumstance; or (b) for part 3 of this schedule—any of the following— (i) event-based special circumstance; (ii) ﬁrst-recent-entrant special circumstance; (iii) second-recent-entrant special circumstance. 22 Longitude 142º30' east is at the tip of Cape York. The waters between latitude 10º41' south and latitude 28º30' south are approximately south of the tip of Cape York and north of the NSW Border respectively.

s 37 47 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (iv) third-recent-entrant special circumstance. (v) personal history special circumstance. “third-recent-entrant special circumstance” see section 4(3) of this schedule. “unidentified mackerel” , in relation to a licence, means ﬁsh— (a) taken under the licence in a year in the qualifying period; and (b) identiﬁed in relevant logbook information as mackerel; and (c) not identiﬁed in the logbook information as spanish mackerel. “unplaced spanish mackerel” , in relation to a licence, means spanish mackerel— (a) taken under the licence in a year in the qualifying period; and (b) identiﬁed in relevant logbook information as spanish mackerel; and (c) for which the location from where the spanish mackerel was taken is not stated in the logbook information. “yearly average” , for (whole weight) spanish mackerel taken in a year, means— (a) for the year starting on 1 January 1998—1159.874 kg; or (b) for the year starting on 1 January 1999—1437.452 kg; or (c) for the year starting on 1 January 2000—1144.592 kg; or (d) for the year starting on 1 January 2001—1202.759 kg; or (e) for the year starting on 1 January 2002—1329.686 kg. ‘2 Meaning of “catch-per-unit-effort special circumstance” ‘A “catch-per-unit-effort special circumstance” exists for a holder of a licence if relevant logbook information shows that in any 2 years within the qualifying period— (a) the holder lawfully took 375 kg or more of spanish mackerel under the licence; and (b) the spanish mackerel could have been taken only from the following waters within the prescribed waters—

s 37 48 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (i) waters between latitude 12º30'00" south and latitude 16º29'59" south; 23 (ii) waters between latitude 17º00'00" south and latitude 17º59'59" south; 24 (iii) waters between latitude 20º00'00" south and latitude 22º29'59" south; 25 (iv) waters between latitude 23º00'00" south and latitude 23º29'59" south; 26 (v) waters between latitude 25º00'00" south and latitude 28º29'59" south. 27 ‘3 Meaning of “event-based special circumstance” ‘An “event-based special circumstance” exists for a holder of a licence if— (a) for an uninterrupted period (the “event period” ) of at least 6 months during the qualifying period— (i) ﬁsh were not taken under any ﬁshery symbol written on the licence; and (ii) either— (A) the boat identiﬁed on the licence was not used for taking ﬁsh under any ﬁshery symbol; or (B) there was no boat identiﬁed on the licence; and (b) the event period— (i) was happening at the start of the event period; or 23 The waters between latitude 12º30' south and latitude 16º29'59" south are approximately south of Weymouth Bay and north of Port Douglas. 24 The waters between latitude 17º south and latitude 17º59'59" south are approximately south of Cairns and north of Hull Heads. 25 The waters between latitude 20º south and latitude 22º29'59" south are approximately south of Bowen and north of Cape Clinton. 26 The waters between latitude 23º south and latitude 23º29'59" south are approximately south of Corio Bay and north of Cape Capricorn (Curtis Island). 27 The waters between latitude 25º south and latitude 28º29'59" south are approximately south of Indian Head (Fraser Island) and north of the NSW border.

s 37 49 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (ii) happened wholly within the qualifying period; or (iii) was happening at the end of the qualifying period; and (c) ﬁsh were not taken during the event period because of any of the following (each an “event” )— (i) a relevant person was affected by illness or injury; (ii) the death of a relevant person other than the holder; (iii) the boat identiﬁed on the licence— (A) was destroyed, or made unusable as a commercial ﬁshing boat, by an unforeseeable and uncontrollable event; and (B) was not replaced or made usable during the period; and (d) the holder, or, if there is more than 1 holder of the licence, at least 1 of the holders, held the licence throughout the event period. ‘4 Meaning of “recent-entrant special circumstances” ‘ (1) A “first-recent-entrant special circumstance” exists for a holder of a licence if the holder was ﬁrst named in the licence as the holder, or an application was made to transfer the licence to the holder, between 22 February 2002 and 21 February 2003, both dates inclusive. ‘ (2) A “second-recent-entrant special circumstance” exists for a holder of a licence if the holder was ﬁrst named in the licence as the holder, or an application was made to transfer the licence to the holder, between 1 January 2001 and 21 February 2002, both dates inclusive. ‘ (3) A “third-recent-entrant special circumstance” exists for a holder of a licence if the holder was ﬁrst named in the licence as the holder, or an application was made to transfer the licence to the holder, between 2 January 1998 and 31 December 2000, both dates inclusive. ‘ (4) However, a ﬁrst-recent-entrant, second-recent-entrant or third-recent-entrant special circumstance does not exist for the holder if— (a) there is more than 1 holder of the licence; and (b) any of the holders held the licence on or before— (i) for a ﬁrst-recent-entrant special circumstance—22 February 2002; or

s 37 50 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (ii) for a second-recent-entrant special circumstance—1 January 2001 (iii) for a third-recent-entrant special circumstance—2 January 1998. ‘5 Meaning of “personal history special circumstance” for individuals ‘A “personal history special circumstance” exists for a holder of a licence who is an individual if— (a) the holder holds 1 or more relevant licences; and (b) during the qualifying period spanish mackerel was taken under 2 or more relevant licences (the “prescribed licences” ); and (c) the holder or the holder’s close relative was the usual person in control of the boat from which the spanish mackerel was taken; and (d) the prescribed licences were held by the holder or by a corporation for which the holder is a director or member; and (e) the holder or the corporation held at least 1 of the prescribed licences for the entire qualifying period; and (f) during the qualifying period ﬁsh were not taken under a prescribed ﬁshery symbol written on the prescribed licences at the same time. ‘6 Meaning of “personal history special circumstance” for corporations ‘A “personal history special circumstance” exists for a holder of a licence that is a corporation if— (a) the holder holds 1 or more relevant licences; and (b) during the qualifying period spanish mackerel was taken under 2 or more relevant licences (the “prescribed licences” ); and (c) a director or member of the corporation, or a close relative of the director or member, was the usual person in control of the boat from which the spanish mackerel was taken; and

s 37 51 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (d) the prescribed licences were held by the corporation or the director or member mentioned in paragraph (c); and (e) the corporation or director or member held at least 1 of the relevant licences for the entire qualifying period; and (f) during the qualifying period ﬁsh were not taken under a prescribed ﬁshery symbol written on the prescribed licences at the same time. ‘Division 2—Provisions for special circumstances ‘Subdivision 1—General provision ‘7 Effect of transfer of licence to corporation for a special circumstance ‘ (1) For sections 2 to 6 of this schedule— (a) an individual who transfers a licence to a corporation does not cease to be a holder of the licence if any of the following persons is a director or member of the corporation— (i) the individual; (ii) a close relative of the individual; and (b) a corporation that transfers a licence to an individual does not cease to be a holder of the licence if any of the following persons is a director or member of the corporation— (i) the individual; (ii) a close relative of the individual. ‘Subdivision 2—Provisions for recent-entrant special circumstances ‘8 Definitions for sdiv 2 ‘In this subdivision— “area 1” means the area between latitude 10º41'00" south and latitude 24º29'59" south.

s 37 52 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 “area 2” means the area between latitude 24º30'00" south and latitude 28º30'00" south. “monthly proportion” , for spanish mackerel taken by a holder for a month in a year, means— (a) if the holder took spanish mackerel from prescribed waters within area 1 for more days in the year than the holder took spanish mackerel from prescribed waters within area 2— (i) for January—2.67%; or (ii) for February—2.70%; or (iii) for March—4.43%; or (iv) for April—4.54%; or (v) for May—7.12%; or (vi) for June—7.54%; or (vii) for July—10.65%; or (viii)for August—10.40%; or (ix) for September—10.20%; or (x) for October—18.52%; or (xi) for November—15.49%; or (xii) for December—5.75%; or (b) if the holder took spanish mackerel from prescribed waters within area 2 for more days in the year than the holder took spanish mackerel from prescribed waters within area 1— (i) for January—6.76%; or (ii) for February—10.28%; or (iii) for March—16.04%; or (iv) for April—14.46%; or (v) for May—12.69%; or (vi) for June—13.11%; or (vii) for July—7.33%; or (viii)for August—5.85%; or (ix) for September—2.35%; or

s 37 65 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (b) that the holder may respond, in writing, to the information or evidence within the period stated by the chief executive of at least 14 days after the notice is given to the holder. ‘ (6) If relevant logbook information considered by the chief executive under this section is ambiguous or incomplete, the chief executive may— (a) disregard the information; or (b) interpret the information in a way that is, in the chief executive’s opinion, reasonable. ‘ (7) However, if there is more than 1 interpretation of the information the chief executive considers reasonable, the chief executive must prefer the interpretation most favourable to the holder. ‘ (8) The chief executive must disregard relevant logbook information considered under this section if the chief executive reasonably believes spanish mackerel recorded in the relevant logbook information were not taken or were taken unlawfully. ‘Division 5—Reconsideration and adjustment of criteria ‘26 Criteria reapplied if reason for reconsideration established ‘ (1) If the chief executive is reasonably satisﬁed a reason for reconsideration is established for the holder of a relevant licence, the chief executive must consider whether the following criteria are met— (a) if the reason for reconsideration is that a special circumstance exists for the holder—the adjusted criteria; (b) for another reason for reconsideration—the criteria stated in section 18 of this schedule. ‘ (2) In considering whether the criteria are met, the chief executive must use only— (a) the relevant logbook information; and (b) any further information or evidence given to the chief executive within the stated period under section 25(2) of this schedule; and (c) if the reason for reconsideration is that disregarded spanish mackerel were taken and were not taken unlawfully—the documents or information mentioned in section 25(1)(d).

s 37 66 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (3) If relevant logbook information considered by the chief executive under this section is ambiguous or incomplete, the chief executive may— (a) disregard the information; or (b) interpret the information in a way that is, in the chief executive’s opinion, reasonable. ‘ (4) However, if there is more than 1 interpretation of the information the chief executive considers reasonable, the chief executive must prefer the interpretation most favourable to the holder. ‘ (5) The chief executive must disregard relevant logbook information considered under this section if the chief executive reasonably believes spanish mackerel recorded in the relevant logbook information were not taken or were taken unlawfully. ‘ (6) The chief executive must give the licence holder the following notice— (a) if the chief executive is reasonably satisﬁed the criteria or adjusted criteria are met for the licence—an amendment notice; (b) if paragraph (a) does not apply—a decision notice about the decision. ‘27 Adjusted criteria for catch-per-unit-effort special circumstance ‘ (1) This section applies, for section 26(1)(a), if a catch-per-unit-effort special circumstance exists for a holder of a relevant licence. ‘ (2) The amount of (whole weight) spanish mackerel that must be taken under the relevant licence, or a former licence, in at least 2 years of the qualifying period, is 375 kg. ‘28 Adjusted criteria for event-based special circumstance ‘ (1) This section applies, for section 26(1)(a), if an event-based special circumstance exists for a holder of a relevant licence. ‘ (2) The qualifying period for section 18 of this schedule is the event-based qualifying period for the event-based special circumstance.

s 37 67 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘29 Adjusted criteria for first-recent-entrant special circumstance ‘ (1) This section applies, for section 26(1)(a), if a ﬁrst-recent-entrant special circumstance exists for a holder of a relevant licence. ‘ (2) For working out whether the criteria are met, the amount of (whole weight) spanish mackerel taken by a holder under the relevant licence, or a former licence for the relevant licence, in each year of the qualifying period is as follows— (a) for 2002—the notional amount of (whole weight) spanish mackerel taken by the holder in the year; (b) for another year in the qualifying period—the amount worked out under section 10 of this schedule. ‘ (3) However, if the holder did not take any spanish mackerel under the licence in 2002 and the chief executive is satisﬁed the holder intended to take spanish mackerel under the licence in 2002, the amount of (whole weight) spanish mackerel taken by the holder in each year in the qualifying period is the higher of the following— (a) the amount of (whole weight) spanish mackerel taken under the licence in the year; (b) the yearly average of spanish mackerel taken for the year. Examples, for subsection (3), of reasons the chief executive may be satisﬁed — 1. The person took spanish mackerel under another licence in the qualifying period. 2. The person had a boat built speciﬁcally to take spanish mackerel. ‘30 Adjusted criteria for second-recent-entrant special circumstance ‘ (1) This section applies, for section 26(1)(a), if a second-recent-entrant special circumstance exists for a holder of a relevant licence. ‘ (2) For working out whether the criteria are met, the amount of (whole weight) spanish mackerel taken by a holder under the relevant licence, or a former licence for the relevant licence, in each year of the qualifying period is as follows— (a) for a year for which the holder held the licence for the whole year—the amount of (whole weight) spanish mackerel taken in the year; (b) for a year for which the holder held the licence for at least 1 whole month of the year—the higher of the following—

s 37 68 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (i) the notional amount of (whole weight) spanish mackerel taken by the holder in the year; (ii) the amount of (whole weight) spanish mackerel taken under the licence in the year; (c) for a year for which the holder did not hold the licence or held the licence for less than 1 whole month—the amount worked out under section 10 of this schedule. ‘31 Adjusted criteria for personal history special circumstance ‘ (1) This section applies, for section 26(1)(a), if a personal history special circumstance exists for a holder of a relevant licence. ‘ (2) For working out whether the criteria are met, the amount of (whole weight) spanish mackerel taken under the holder’s nominated licence in each year in the qualifying period is the sum of the (whole weight) spanish mackerel taken under all the prescribed licences for the holder. ‘ (3) In this section— “nominated licence” , for a holder, means the relevant licence stated in the reconsideration notice, given by the holder, as the licence for which the application for reconsideration is made. “prescribed licences” , for a holder— (a) if the holder is an individual—see section 5(b) of this schedule; or (b) if the holder is a corporation—see section 6(b) of this schedule. ‘Division 6—Amendment notice and amendment of licences ‘32 Chief executive to amend licences and give amendment notice ‘ (1) This section applies if the chief executive is reasonably satisﬁed— (a) under division 3 or 5, that the criteria for a relevant licence are met; or (b) under division 5, that the adjusted criteria are met. ‘ (2) As soon as practicable after making the decision, the chief executive must—

s 37 69 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (a) amend the licence, and any tender commercial ﬁshing boat licence identifying a tender commercial ﬁshing boat of the primary commercial ﬁshing boat identiﬁed on the relevant licence, by writing the ﬁshery symbol ‘SM’ on the licence or licences; and (b) give the holder an amendment notice. ‘33 Requirements for amendment notice ‘An amendment notice must state, in writing, each of the following— (a) that the chief executive is reasonably satisﬁed the criteria, or the adjusted criteria, for the relevant licence are met; (b) how the licence has been amended; (c) that the amendment takes effect when the holder receives the amendment notice; (d) that, until both of the following happens, a person taking or possessing spanish mackerel under the ﬁshery symbol ‘SM’ must have the amendment notice available for immediate inspection while the person is taking or possessing the spanish mackerel— (i) the chief executive writes the ﬁshery symbol ‘SM’ on the licence; (ii) the amended licence is returned to the holder; (e) that the holder may appeal against the decision to the tribunal within 28 days after the holder receives the amendment notice; (f) how to appeal. ‘34 Taking or possessing spanish mackerel under amended licence ‘ (1) During the period stated in subsection (2), a relevant licence amended under this division is subject to the condition that a person taking or possessing spanish mackerel under the ﬁshery symbol ‘SM’ must have the amendment notice available for immediate inspection while the person is taking or possessing the spanish mackerel. ‘ (2) For subsection (1), the period— (a) starts on the day the holder receives the amendment notice; and

s 37 70 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (b) ends on the day the amended licence is returned to the holder with the ﬁshery symbol ‘SM’ written on it. ‘Division 7—Priority of reconsiderations of applications relating to ﬁshery symbol ‘SM’ ‘35 Priority of applications for reconsiderations ‘The chief executive must make reasonable efforts to consider ﬁrst applications for reconsideration relating to a relevant licence that did not meet the criteria for a ﬁshery symbol ‘SM’ for which the reason for reconsideration is that a catch-per-unit-effort special circumstance exists for the holder of the licence. ‘PART 3—ISSUE OF SM UNITS ‘Division 1—General ‘36 Simplified outline of pt 3 ‘ (1) This part provides for the issue of SM units. ‘ (2) The holder of a licence on which the ﬁshery symbol ‘SM’ was written under part 2 (an “eligible holder” ) may apply to the chief executive for the issue of SM units in relation to the licence. ‘ (3) Division 3, subdivision 1 states how the chief executive must decide the number of SM units to be issued to an applicant in relation to an SM ﬁshery licence. ‘ (4) Division 3, subdivision 3 states the application process for the issue of SM units. ‘ (5) Division 4 provides for a reduction of the weight equivalent, in kilograms, of (whole weight) spanish mackerel, under each SM unit if, after all SM units have been issued, the total SM units issued is more than 619 520.

s 37 71 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘37 Definitions for pt 3 ‘In this part— “adjusted allocation provisions” see section 50 of this schedule. “disregarded spanish mackerel” means spanish mackerel— (a) recorded in relevant logbook information; and (b) disregarded by the chief executive under section 45(3) of this schedule. “eligible holder” see section 36(2) of this schedule . “issued” for an SM unit see section 39 of this schedule. “reason for adjusted allocation” see section 47(e) of this schedule. “SM factor” means the SM factor worked out under section 44 of this schedule. ‘Division 2—General provisions about SM units ‘38 General condition for issue of SM units ‘An SM unit may be issued only under this part. ‘39 When SM unit is “issued” ‘An SM unit is “issued” when— (a) an SM unit certiﬁcate that includes the unit is issued; or (b) an SM unit certiﬁcate is amended under this part to include the unit. ‘Division 3—Issue of SM units ‘Subdivision 1—Number of SM units to be issued to eligible holders ‘40 Purpose of sdiv 1 ‘ (1) This division provides for how the chief executive must work out the number of SM units to be issued for an eligible holder, in relation to an

s 37 72 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 SM ﬁshery licence, if the holder applies for the issue of SM units under subdivision 3. ‘ (2) This division is subject to division 4. ‘41 Definition for sdiv 1 ‘In this division— “prescribed number” , for an SM ﬁshery licence, means— (a) if the ﬁshery symbol ‘SM’ was written on the licence on the basis of a catch-per-unit-effort special circumstance—375; or (b) otherwise—500. ‘42 Number of SM units to be issued to eligible holders ‘The number of SM units the chief executive must issue to an eligible holder, in relation to an SM ﬁshery licence, is— (a) the prescribed number; or (b) if the SM factor of the licence is greater than the prescribed number—the sum of the prescribed number and the additional units worked out by the chief executive under section 43 of this schedule. ‘43 Working out number of additional SM units ‘For section 42(b) of this schedule, the number of additional SM units is the number, rounded up to the nearest whole number, worked out by using the following formula— AU =  4- -- 4- -- 0- -- 7- -- 7- - D- 6- -- . -- 4- -- 6- -- 6- -- 9-  × 436200 where— “AU” is the number of additional SM units that must be issued. “D” is the difference between the SM factor of the licence and the prescribed number.

s 37 73 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘44 Working out SM factor ‘ (1) The SM factor, of an eligible holder’s SM ﬁshery licence, for SM units, is the factor worked out by using the following formula— SMF =  5- -- 6- -- 3- -- 2- -- A0- -- 0- C- - . -- 4- -- 2- -- 8- -- 8-  × 563200 where— “SMF” is the SM factor. “AC” is the average number of kilograms of (whole weight) spanish mackerel taken lawfully, under the licence, for the years in the qualifying period. ‘ (2) Subject to section 45 of this schedule, in deciding the average number of kilograms of (whole weight) spanish mackerel taken under the licence for the years in the qualifying period, the chief executive must consider only relevant logbook information for the years. ‘45 Interpretation of unlawful, ambiguous or incomplete relevant logbook information ‘ (1) If relevant logbook information for a year in the qualifying period is ambiguous or incomplete, the chief executive may— (a) disregard the information; or (b) interpret the information in a way that is, in the chief executive’s opinion, reasonable. Example of ambiguous or incomplete information — The logbook information does not identify the species of the ﬁsh. ‘ (2) However, if there is more than 1 interpretation of the information that the chief executive considers reasonable, the chief executive must prefer the interpretation most favourable to the holder. ‘ (3) The chief executive must disregard relevant logbook information for a year in the qualifying period if the chief executive reasonably believes spanish mackerel recorded in the relevant logbook information were not taken or were taken unlawfully. ‘ (4) For subsection (3), the chief executive may use any documents or information held or obtained by the chief executive to decide whether spanish mackerel recorded in the relevant logbook information were not taken or were taken unlawfully.

s 37 74 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘Subdivision 2—Catch history notice ‘46 Chief executive to give catch history notice ‘ (1) The chief executive must give an eligible holder a catch history notice. ‘ (2) The catch history notice must accompany the amendment notice given to the holder under part 2, division 6. ‘47 Requirements for catch history notice ‘A catch history notice must state, in writing, each of the following— (a) that the holder of an SM ﬁshery licence may apply, under part 3, for the issue of SM units in relation to the licence held by the holder; (b) from relevant logbook information for each year in the qualifying period— (i) the amount of (whole weight) spanish mackerel taken under the licence from the prescribed waters for each year in the qualifying period; and (ii) the amount of (whole weight) unidentiﬁed mackerel interpreted by the chief executive as an amount of mackerel other than spanish mackerel; and (iii) the amount of (whole weight) unplaced spanish mackerel taken under the licence interpreted by the chief executive as having been taken from waters other than the prescribed waters; and (iv) the amount of (whole weight) disregarded spanish mackerel; (c) if there is an amount of disregarded spanish mackerel—the documents or information used by the chief executive to decide whether spanish mackerel were not taken or were taken unlawfully; (d) that the holder may, when applying for the issue of SM units, ask the chief executive to decide the number of SM units to be issued to the holder using the adjusted allocation provisions if the

s 37 75 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 holder can establish any of the following (a “reason for adjusted allocation” )— (i) the relevant logbook information or copies of dockets identify, as spanish mackerel, unidentiﬁed mackerel interpreted by the chief executive as mackerel other than spanish mackerel; (ii) the relevant logbook information or copies of dockets identify unplaced spanish mackerel interpreted by the chief executive as having been taken from waters other than the prescribed waters as spanish mackerel having been taken from the prescribed waters; (iii) disregarded spanish mackerel were taken and were not taken unlawfully; (iv) a special circumstance for the holder exists; (e) that an application for SM units must be received by the chief executive on or after 2 February 2004 but before 15 March 2004. ‘Subdivision 3—Application for issue of SM units ‘48 Application for issue of SM units ‘ (1) An eligible holder may, by written notice, apply to the chief executive for the issue of SM units under this part. ‘ (2) The application must— (a) be received by the chief executive on or after 2 February 2004 but before 15 March 2004; and (b) if the holder wishes the chief executive to decide the number of SM units to be issued to the holder using the adjusted allocation provisions— (i) state the reason for adjusted allocation; and (ii) be accompanied by all documents or information on which the holder relies to establish the reasons for adjusted allocation. ‘ (3) Despite subsection (2)(a), the chief executive may consider an application received after 15 March 2004 if the chief executive is reasonably satisﬁed the holder was prevented from giving the application to

s 37 76 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 the chief executive by 15 March 2004 because of reasons beyond the holder’s control. ‘49 Deciding application for issue of SM units ‘ (1) The chief executive must, as soon as practicable after receiving an application for SM units from an eligible holder, decide the number of SM units to be issued to the holder. ‘ (2) If the application states a reason for adjusted allocation exists, the chief executive must decide whether the reason for adjusted allocation is established using only the following— (a) the relevant logbook information; (b) any copies of dockets accompanying the application; (c) any further information or evidence given to the chief executive within the stated period under subsection (3); (d) if the reason for adjusted allocation is that disregarded spanish mackerel were taken and were not taken unlawfully— (i) the documents or information used by the chief executive under section 45(4) of this schedule; and (ii) the documents or information accompanying the application; and (iii) any further information or evidence obtained by the chief executive under subsection (5) and any response from the holder received by the chief executive within the stated period under subsection (6). ‘ (3) The chief executive may ask the applicant to give, within the period stated by the chief executive of at least 14 days, further relevant information or evidence the chief executive requires to whether a reason for adjusted allocation exists. ‘ (4) The applicant must give the chief executive the further information or evidence requested. ‘ (5) Also, the chief executive may obtain, other than from the holder, further information or evidence the chief executive requires to decide whether disregarded spanish mackerel were not taken or were taken unlawfully.

s 37 77 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (6) If the chief executive obtains information or evidence under subsection (5), the chief executive must, before deciding the application, give the holder a notice stating— (a) the information or evidence obtained; and (b) that the holder may respond, in writing, to the information or evidence within the period stated by the chief executive of at least 14 days after the notice is given to the holder. ‘ (7) In deciding the number of SM units to be issued to the holder, the chief executive must use only the information mentioned in subsection (2)(a) to (d). ‘ (8) As soon as practicable after deciding the application, the chief executive must— (a) issue to the holder— (i) an SM unit certiﬁcate for the SM units for the ﬁrst SM year; and (ii) a 4-digit identity number (a “notice identity number” ) for the SM units; and (iii) tags for use by the holder during the ﬁrst SM year; and (b) give the holder a decision notice for the decision. ‘50 Allocation provisions to be applied if reason for adjusted allocation is established ‘If the chief executive is reasonably satisﬁed a reason for adjusted allocation is established for an eligible holder, the chief executive must decide the number of SM units to be issued to the holder using the following provisions (the “adjusted allocation provisions” )— (a) if a special circumstance exists for a holder—sections 41 to 45 of this schedule, having regard to sections 51 to 55 of this schedule; (b) otherwise—sections 41 to 45 of this schedule. ‘51 Adjusted allocation provision for event-based special circumstance ‘ (1) This section applies if an event-based special circumstance exists for an eligible holder.

s 37 78 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (2) For working out the SM factor, the qualifying period is the event-based qualifying period for the event-based special circumstance. ‘52 Adjusted allocation provision for first-recent-entrant special circumstance ‘ (1) This section applies if a ﬁrst-recent-entrant special circumstance exists for an eligible holder. ‘ (2) For working out the SM factor, the amount, in kilograms, of (whole weight) spanish mackerel taken under the licence by the holder for each year of the qualifying period is as follows— (a) for 2002—the notional amount of (whole weight) spanish mackerel taken by the holder in the year; (b) for another year in the qualifying period—the amount worked out under section 10 of this schedule. ‘ (3) However, if the holder did not take any spanish mackerel under the licence in 2002 and the chief executive is satisﬁed the holder intended to take spanish mackerel under the licence in 2002, the amount of (whole weight) spanish mackerel taken by the holder in each year in the qualifying period is the higher of the following— (a) the amount of (whole weight) spanish mackerel taken under the licence in the year; (b) the yearly average of spanish mackerel taken for the year. Examples, for subsection (3), of reasons the chief executive may be satisﬁed — 1. The person took spanish mackerel under another licence in the qualifying period. 2. The person had a boat built speciﬁcally to take spanish mackerel. ‘53 Adjusted allocation provision for second-recent-entrant special circumstance ‘ (1) This section applies if a second-recent-entrant special circumstance exists for an eligible holder. ‘ (2) For working out the SM factor, the amount, in kilograms of (whole weight) spanish mackerel taken under the licence by the holder for each year of the qualifying period is as follows—

s 37 79 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (a) for a year for which the holder held the licence for the whole year—the amount of (whole weight) spanish mackerel taken in the year; (b) for a year for which the holder held the licence for at least 1 whole month of the year—the higher of the following— (i) the notional amount of (whole weight) spanish mackerel taken by the holder in the year; (ii) the amount of (whole weight) spanish mackerel taken under the licence in the year; (c) for a year for which the holder did not hold the licence or held the licence for less than 1 whole month—the amount worked out under section 10 of this schedule. ‘54 Adjusted allocation provision for third-recent-entrant special circumstance ‘ (1) This section applies if a third-recent-entrant special circumstance exists for an eligible holder. ‘ (2) For working out the SM factor, the amount, in kilograms, of (whole weight) spanish mackerel taken under the licence by the holder for each year of the qualifying period is as follows— (a) for a year for which the holder held the licence for the whole year—the amount of (whole weight) spanish mackerel taken in the year; (b) for another year—the amount worked out under section 10 of this schedule. ‘55 Adjusted allocation provision for personal history special circumstance ‘ (1) This section applies if a personal history special circumstance exists for an eligible holder. ‘ (2) For working out the SM factor, the amount, in kilograms of (whole weight) spanish mackerel taken under the holder’s nominated licence in each year in the qualifying period is the sum of the (whole weight) spanish mackerel taken under all the prescribed licences for the holder. ‘ (3) In this section—

s 37 80 s 37 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 “nominated licence” , for an eligible holder, means the relevant licence stated in the reconsideration notice, given by the holder, as the licence for which the application for reconsideration is made. “prescribed licences”— (a) if the holder is an individual—see section 5(b) of this schedule; or (b) if the holder is a corporation—see section 6(b) of this schedule. ‘56 Particular applications for SM units must be decided before start of first SM year ‘ (1) The chief executive must decide all on time applications for SM units before the ﬁrst SM year starts. ‘ (2) In this section— “on time application” , for SM units, means an application for SM units received by the chief executive before 15 March 2004. ‘Division 4—Reduction in weight equivalent of SM units ‘57 Application of div 4 ‘ (1) This division applies if, on the relevant day, the total SM units issued is more than 619 520. ‘ (2) In this section— “relevant day” means the earliest day on which— (a) the period for each eligible holder to apply for the issue of SM units has ended; and (b) the period to appeal against all decisions about the issue of SM units or amending a licence by writing the ﬁshery symbol ‘SM’ on it has ended; and (c) all appeals mentioned in paragraph (b) are ended or fully decided; and (d) if, in deciding an appeal, the tribunal gave the chief executive directions—the directions have been complied with.

81 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘58 Adjusted weight equivalent of SM unit ‘ (1) The weight equivalent, in kilograms, of (whole weight) spanish mackerel, for each SM unit, is the amount worked out by using the following formula— WWE = 6- - N- 1- -- 9- S- - 5- - M- 2- -- 0- - where— “WWE” is the adjusted weight equivalent, in kilograms, of (whole weight) spanish mackerel for each SM unit. “NSM” is the number of SM units issued by the chief executive. ‘ (2) As soon as practicable after the adjusted weight equivalent is able to be worked out under subsection (1), the chief executive must give each SM unit holder a replacement SM unit certiﬁcate that reﬂects the adjusted weight equivalent. ‘PART 4—EXPIRY ‘59 Expiry of sch 5B ‘This schedule expires 3 years after it commences.’. 38 Amendment of sch 10 (Fees) Schedule 10, part 1, item 5(d)— insert— ‘(v) for a transfer of SM units under an SM ﬁshery licence . . . . . . . . . . . . . . . . . . . . . 130.00’. 39 Insertion of new sch 11A After schedule 11— insert —

s 39 82 s 39 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘SCHEDULE 11A ‘SPANISH MACKEREL COMMERCIAL FISHERY schedule 17, deﬁnitions “commercial ﬁshery” and “ﬁshery schedule” ‘PART 1—THE FISHERY ‘1 Fishery symbol ‘The ﬁshery symbol is ‘SM’. ‘2 Fishery area ‘The ﬁshery area consists of — (a) if the ﬁshery symbol is written on a licence that also has the ﬁshery symbol ‘L1’ written on it—the area mentioned in schedule 12, section 20; and (b) if the ﬁshery symbol is written on a licence that also has the ﬁshery symbol ‘L2’ or ‘L3’ written on it—the area mentioned in schedule 12, section 41; and (c) if the ﬁshery symbol is written on a licence that also has the ﬁshery symbol ‘L6’ or ‘L7’ written on it—the area mentioned in schedule 12, section 48; and (d) if the ﬁshery symbol is written on a licence that also has the ﬁshery symbol ‘L8’ written on it—the area mentioned in schedule 12, section 2. ‘3 What fish may be taken ‘Spanish mackerel may be taken.

s 39 83 s 39 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘4 Permitted ways of taking spanish mackerel ‘Spanish mackerel may be taken only in the way ﬁsh may be taken under the line ﬁshery symbol for the line ﬁshery area in which the spanish mackerel is being taken. ‘5 Use of primary commercial fishing boat ‘The requirements for a primary commercial ﬁshing boat are the requirements for using a primary commercial ﬁshing boat under the line ﬁshery symbol for the line ﬁshery area in which the boat is being used. ‘6 Use of tender commercial fishing boats ‘The requirements for a tender commercial ﬁshing boat are the requirements for using a tender commercial ﬁshing boat under the line ﬁshery symbol for the line ﬁshery area in which the boat is being used. ‘7 Permitted distance for an assistant fisher to be under direction ‘If a commercial and an assistant ﬁsher are on separate commercial ﬁshing boats, the permitted distance for the assistant ﬁsher to be under direction is the permitted distance under the line ﬁshery symbol for the line ﬁshery area in which assistant ﬁsher is taking spanish mackerel. ‘PART 2—DEFINITIONS ‘8 Definitions for sch 11A ‘In this schedule— “line fishery area” , in relation to a line ﬁshery symbol, means— (a) for the ﬁshery symbol ‘L1’—the area mentioned in schedule 12, section 20; and (b) for the ﬁshery symbol ‘L2’ or ‘L3’—the area mentioned in schedule 12, section 41; and (c) for the ﬁshery symbol ‘L6’ or ‘L7’—the area mentioned in schedule 12, section 48; and

s 40 84 s 41 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 (d) for the ﬁshery symbol ‘L8’—the area mentioned in schedule 12, section 2. “line fishery symbol” means the ﬁshery symbol ‘L1’, ‘L2’, ‘L3’, ‘L6’, ‘L7’ or ‘L8’.’. 40 Amendment of sch 12 (Line fisheries (Commercial)) (1) Schedule 12, section 3, ‘and snapper’— omit, insert — ‘, snapper and spanish mackerel’. (2) Schedule 12, section 21 and 22(1), after ‘coral reef ﬁn ﬁsh’— insert — ‘and spanish mackerel’. (3) Schedule 12, section, 42 and 49, from ‘barramundi’ to ‘ﬁn ﬁsh’— omit, insert — ‘barramundi, coral reef ﬁn ﬁsh and spanish mackerel’. 41 Amendment of sch 17 (Definitions) (1) Schedule 17, part 1— insert — ‘14 Meaning of “whole weight” of spanish mackerel ‘ (1) The whole weight of spanish mackerel that is ﬁlleted, gilled and gutted or trunked is the amount worked out using the following formula— WW = W × CF where— “WW” is the whole weight, in kilograms, of the spanish mackerel. “W” is the weight, in kilograms, of the spanish mackerel. “CF” is— (a) for gilled and gutted spanish mackerel—1.05; or (b) for trunked spanish mackerel—1.18; or (c) for ﬁlleted spanish mackerel—1.61.

s 41 85 s 41 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 ‘ (2) The whole weight of a number of spanish mackerel is the amount worked out by using the following formula— WW = N × 7.25 where— “WW” is the whole weight, in kilograms, of the spanish mackerel. “N” is the number of spanish mackerel.’. (2) Schedule 17, part 2— insert — ‘ “logbook information” means— (a) information in a statistical logbook return kept in the way and form and as directed by the chief executive or a former Authority at the time the return was made; and (b) information about the return held by the chief executive in electronic form. “SM fishery licence” means a licence with the ﬁshery symbol ‘SM’ written on it. “SM unit” means a unit issued under schedule 5B, part 3. “whole weight” , for an amount of spanish mackerel recorded in logbook information, means— (a) for an amount recorded on the basis of weight of whole spanish mackerel—the amount recorded, in kilograms; or (b) for an amount recorded on any other basis—the amount worked out in the way stated in section 14 of this schedule. Example of any other basis for paragraph (b)— the weight of trunked spanish mackerel or a number of spanish mackerel’. (3) Schedule 17, part 2— insert— ‘ “prescribed area” , for part 7, division 7, subdivision 2, see section 64A. “prescribed flag” , for part 7, division 7, subdivision 2, see section 64A. “ready to fish” , for part 7, division 7, subdivision 2, see section 64B.’. (4) Schedule 17, part 2, deﬁnition “ﬁshery schedule”, ‘schedule 11’—

s 41 86 s 41 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 omit, insert — ‘schedule 11, 11A’. (5) Schedule 17, part 2— insert — ‘ “line fishery area” , for schedule 11A, see schedule 11A, section 8. “line fishery symbol” , for schedule 11A, see schedule 11A, section 8.’. (6) Schedule 17, part 2— insert— ‘ “authorised boat” , for part 7, division 5, subdivision 2, see section 58B. “entitlement” , in relation to an SM unit, see section 25F. “landed fish notice” see section 58H. “notice identity number” , in relation to SM units, means a 4-digit identity number for the SM units that was issued to a holder of an SM ﬁshery licence when the holder was issued the SM units under schedule 5B, part 3. “prescribed fishery symbol” means a ‘L1’, ‘L2’, ‘L3’, ‘L6’, ‘L7’ or ‘L8’ ﬁshery symbol. “prescribed person” , for part 7, division 5, subdivision 2, see section 58A(b). “prior notice” see section 58F. “SM fishery area” means the area mentioned in schedule 11A, section 2. “SM unit certificate” see section 25I(1). “SM unit certificate changes” means amending, cancelling or issuing SM unit certiﬁcates. “SM unit holder” means a holder of an SM unit. “SM year” means a period of 1 year starting on 1 July in a year and ending on 30 June in the following year. “tag” , for spanish mackerel, means a tag issued to the holder of SM units by the chief executive under section 25U or 25V. “transhipment notice” see section 58G. “transport vessel” see section 58G(1)(b).

87 Fisheries Amendment Regulation (No. 3) 2003 No. 214, 2003 “trunked” , in relation to ﬁsh, means the ﬁsh has had its head or tail removed. “unused entitlement” see section 25G(2). used” see section 25G(1).’. ENDNOTES 1. Made by the Governor in Council on 11 September 2003. 2. Notiﬁed in the gazette on 12 September 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 2003