Fisheries Amendment Regulation (No. 4) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 94 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 4) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of sch 11 (Crab fisheries (commercial)) . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 5 OTHER AMENDMENTS

s1 2 s3 Fisheries Amendment (No. 4) No. 94, 1997 ˙ Short title 1. This regulation may be cited as the Fisheries Amendment Regulation (No. 4) 1997 . ˙ Regulation amended 2. This regulation amends the Fisheries Regulation 1995 . ˙ Amendment of sch 11 (Crab fisheries (commercial)) 3.(1) Schedule 11, after section 16— insert — ‘ Spanner crabs may only be brought ashore at Bundaberg ‘ 16A. Spanner crabs may only be brought ashore at Bundaberg.’. (2) Schedule 11, after section 18— insert — ‘ Authority holder must carry evidence of notice ‘ 18A.(1) This section applies if— (a) an authority holder’s daily quota is 400 kg under section 18(2); and (b) the holder is fishing for spanner crabs in managed area A on a quota day under section 18(2)(b). ‘ (2) The holder must carry written evidence that a notice for the quota day has been given under section 18(2)(c). Examples of evidence under subsection (2) — 1. A written acknowledgment by an officer of the Department’s Queensland Boating and Fisheries Patrol at Bundaberg that the notice has been received. 2. A facsimile transmission report showing the notice was sent by facsimile to the Department’s Queensland Boating and Fisheries Patrol at Bundaberg. Maximum penalty—100 penalty units.

s3 3 s3 Fisheries Amendment (No. 4) No. 94, 1997 ‘ Authority holder may only fish on quota days ‘ 18B. If an authority holder has given notice under section 18(2)(a), the holder may only fish for spanner crabs on a quota day under section 18(2).’. (3) . Schedule 11, after section 35— insert — ‘ Spanner crabs may only be brought ashore at Bundaberg ‘35A. Spanner crabs may only be brought ashore at Bundaberg.’. (4) Schedule 11, after section 37— insert — ‘ Authority holder must carry evidence of notice ‘ 37A.(1) This section applies if— (a) an authority holder’s daily quota is 400 kg under section 37(2); and (b) the holder is fishing for spanner crabs in managed area A on a quota day under section 37(2)(b). ‘ (2) The holder must carry written evidence that a notice for the quota day has been given under section 37(2)(c). Examples of evidence under subsection (2) — 1. A written acknowledgment by an officer of the Department’s Queensland Boating and Fisheries Patrol at Bundaberg that the notice has been received. 2. A facsimile transmission report showing the notice was sent by facsimile to the Department’s Queensland Boating and Fisheries Patrol at Bundaberg. Maximum penalty—100 penalty units. ‘ Authority holder may only fish on quota days ‘ 37B. If an authority holder has given notice under section 37(2)(a), the holder may only fish for spanner crabs on a quota day under section 37(2).’.

s3 4 s3 Fisheries Amendment (No. 4) No. 94, 1997 (5) Schedule 11, after section 45— insert — ‘ Spanner crabs may only be brought ashore at Bundaberg ‘ 45A. Spanner crabs may only be brought ashore at Bundaberg.’. (6) Schedule 11, after section 47— insert — ‘ Authority holder must carry evidence of notice ‘ 47A.(1) This section applies if— (a) an authority holder’s daily quota is 400 kg under section 47(2); and (b) the holder is fishing for spanner crabs in managed area A on a quota day under section 47(2)(b). ‘ (2) The holder must carry written evidence that a notice for the quota day has been given under section 47(2)(c). Examples of evidence under subsection (2) — 1. A written acknowledgment by an officer of the Department’s Queensland Boating and Fisheries Patrol at Bundaberg that the notice has been received. 2. A facsimile transmission report showing the notice was sent by facsimile to the Department’s Queensland Boating and Fisheries Patrol at Bundaberg. Maximum penalty—100 penalty units. ‘ Authority holder may only fish on quota days ‘ 47B. If an authority holder has given notice under section 47(2)(a), the holder may only fish for spanner crabs on a quota day under section 47(2).’.

5 Fisheries Amendment (No. 4) No. 94, 1997 ¡ SCHEDULE OTHER AMENDMENTS section 2 1. Schedule 2, part 2, divisions 1 and 2, headings, ‘managed area A’— omit, insert — ‘managed areas A or B’. 2. Schedule 2, section 46A, ‘managed area A’— omit, insert — ‘managed areas A or B’. 3. Schedule 2, section 46A, ‘Sunday’— omit, insert — ‘Monday’. 4. Schedule 11, sections 17, 36 and 46, ‘2000 t’— omit, insert — ‘2600 t’. 5. Schedule 11, sections 18, 27, 37 and 47, ‘300 kg’— omit, insert — ‘200 kg’.

6 Fisheries Amendment (No. 4) No. 94, 1997 SCHEDULE (continued) 6. Schedule 11, sections 18, 37 and 47— insert — ‘ (2) However, the daily quota is 400 kg if— (a) the authority holder gives written notice to the Authority before 19 April 1997 that the holder has chosen a daily quota of 400 kg; and (b) the holder only fishes for spanner crabs for 2 days in any week (the “quota days” ); and (c) the holder has given written notice of the quota days in any week to the Department at least 24 hours before the holder begins to fish for spanner crabs in that week. ‘ (3) A notice under subsection (2)(c) must be given to the Department’s Queensland Boating and Fisheries Patrol office at Bundaberg. 1 ‘ (4) In this section— “week” means from midnight on Monday to midnight on the next Friday.’. ENDNOTES 1. Made by the Governor in Council on 17 April 1997. 2. Notified in the gazette on 18 April 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries, Fisheries and Forestry. © State of Queensland 1997 1 The Queensland Boating and Fisheries Patrol office at Bundaberg is at Enterprise Street, Bundaberg. Its facsimile number is [phone] or [phone].