Fisheries Amendment Regulation (No. 4) 2002 (Qld)

FISHERIES AMENDMENT REGULATION (No. 4) 2002

Queensland Subordinate Legislation 2002 No. 339 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 4) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 14AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14AA Closed season for tropical spiny rock lobster . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 18 (Regulated ﬁsh). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 21 (Measurement of size of ﬁsh) . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 26 (Quotas for commercial ﬁsheries) . . . . . . . . . . . . . . . . 4 8 Insertion of new s 29B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 29B Annual quota for spotted mackerel . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of s 59 (Authorities that are not transferable). . . . . . . . . . . . . . 5 10 Amendment of s 65 (Prohibition on taking, possessing or selling regulated ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Insertion of new s 92A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 92A Dividing shark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Insertion of new s 95A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 95A Evidence of person taking ﬁsh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Amendment of s 109A (Statistical records and information about tailor) . . 6 14 Amendment of sch 2 (Closed waters—commercial ﬁshing). . . . . . . . . . . . . 7 15 Amendment of sch 3 (Closed waters—recreational ﬁshing). . . . . . . . . . . . . 9

2 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 16 Amendment of sch 4 (Regulated ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Amendment of sch 13 (Net ﬁsheries (commercial)) . . . . . . . . . . . . . . . . . . . 12 18 Amendment of sch 15 (Other ﬁsheries (Commercial)) . . . . . . . . . . . . . . . . . 13 19 Amendment of sch 16 (Glossary of scientiﬁc names used for ﬁsh) . . . . . . . 22 20 Amendment of sch 17 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

s1 3 s6 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 4) 2002 . 2 Commencement (1) This regulation, other than section 18(1) to (4), commences on 9 December 2002. (2) Section 18(1) to (4) commences on 1 September 2003. 3 Regulation amended This regulation amends the Fisheries Regulation 1995. 4 Insertion of new s 14AA After section 14A— insert — ‘14AA Closed season for tropical spiny rock lobster ‘The period from midnight on 1 October to midnight on 31 January is a closed season for tropical spiny rock lobster.’. 5 Amendment of s 18 (Regulated ﬁsh) (1) Section 18(2), ‘taken’— omit. (2) Section 18(3), example, paragraph (b), ‘section 19(1)’— omit, insert — ‘section 18(1)’. 6 Amendment of s 21 (Measurement of size of ﬁsh) (1) Section 21(1)(a)— omit, insert —

s7 4 s8 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘(a) if its carapace is not damaged or missing—the widest part of its carapace; or’. (2) Section 21— insert — ‘ (3A) The size of a painted crayﬁsh is decided by measuring, in a straight line— (a) if its carapace is not damaged or missing—from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the cephalothorax; or (b) if its carapace is damaged or missing—along the dorsal surface from the anterior margin of the ﬁrst abdominal somite to the posterior margin of the sixth abdominal somite, when the tail is laid ﬂat on a horizontal surface.’. (3) Section 21(3A) and (4)— renumber as section 21(4) and (5). 7 Amendment of s 26 (Quotas for commercial ﬁsheries) Section 26— insert — ‘ (3) The quota stated in section 29B may apply to spotted mackerel taken in a commercial ﬁshery.’. 8 Insertion of new s 29B Part 6— insert — ‘29B Annual quota for spotted mackerel ‘ (1) This section applies to spotted mackerel taken on or after 1 July 2003 under an authority allowing the authority holder to take spotted mackerel in Queensland waters for trade or commerce. ‘ (2) The annual quota of spotted mackerel that may be taken is 140 tonnes. ‘ (3) Subsection (2) does not apply to the taking of 15 or less spotted mackerel in any 24 hour period.

s 9 5 s 11 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘ (4) In this section— “annual” means the period from 1 July to 30 June.’. 9 Amendment of s 59 (Authorities that are not transferable) Section 59(c), ﬁrst and second dot points— omit. 10 Amendment of s 65 (Prohibition on taking, possessing or selling regulated ﬁsh) (1) Section 65(2)— omit, insert — ‘ (2) However, subsection (1) does not apply to the following persons— (a) a person who takes, possesses or sells a regulated ﬁsh under an authority allowing the person to take, possess or sell the ﬁsh; (b) a person who takes or possesses a shark under a shark ﬁshing contract; (c) a person who possesses or sells a shark ﬁn if— (i) the person also possesses the body of the shark from which the ﬁn was taken; or (ii) the person is not on a boat.’. (2) Section 65— insert — ‘ (2A) Also, a person may possess ﬁsh regulated by number if the person did not take the ﬁsh.’. (3) Section 65(2A) and (3)— renumber as section 65(3) and (4). 11 Insertion of new s 92A After section 92—

s 12 6 s 13 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘92A Dividing shark ‘A person who possesses a shark must not divide it into portions other than in a way that allows an inspector to easily count the number of sharks possessed by the person. Maximum penalty—100 penalty units.’. 12 Insertion of new s 95A Part 10— insert — ‘95A Evidence of person taking ﬁsh ‘If, in a proceeding for an offence against the Act or other ﬁsheries legislation, it is relevant to establish a person took ﬁsh, evidence that the person possessed the ﬁsh at any time is evidence that the person took the ﬁsh.’. 13 Amendment of s 109A (Statistical records and information about tailor) (1) Section 109A, heading, before ‘tailor’— insert — ‘ spotted mackerel or ’. (2) Section 109A(1)(a)— omit, insert — ‘(a) a commercial ﬁsher who takes more than the following in a 24 hour period— (i) 15 spotted mackerel; (ii) 100 kg of tailor;’. (3) Section 109A(1)(b) and (2), before ‘tailor’— insert — ‘spotted mackerel or’.

s 14 7 s 14 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 14 Amendment of sch 2 (Closed waters—commercial ﬁshing) (1) Schedule 2, section 42(2)— omit, insert— ‘ (2) Subsection (1) applies only to the following ﬁsh— (a) barracuda; (b) black king-ﬁsh; (c) catﬁsh of the family Aariidae; (d) narrow-barred or spanish mackerel; (e) queenﬁsh; (f) slender barracuda; (g) yellowtail king-ﬁsh.’. (2) Schedule 2, part 2— insert — ‘46A Waters adjacent to north Cape York ‘ (1) Waters within the following boundary— • from where latitude 10º44.97' south intersects the mainland shore at Fly Point to where longitude 142º37.26' east intersects the southern tip of Albany Island • along the southern and western shore of Albany Island to where latitude 10º42.96' south intersects the shore at the Island’s north-western tip • to the navigational light on Eborac Island, approximately at latitude 10º40.95' south and longitude 142º31.96' east • to where longitude 142º24.40' east intersects the northern tip of Possession Island • along the northern and eastern shores of Possession Island to where longitude 142º23.16' east intersects the shore at the Island’s southern tip • to the intersection of latitude 10º52.87' south with the eastern shore of Woody Wallis Island • to where longitude 142º06.56' east intersects the northern shore of Crab Island

s 14 8 s 14 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 • along the western shore of Crab Island to where longitude 142º06.46' east intersects the shore at the Island’s southern tip • to where latitude 10º59.84' south intersects the mainland shore south of Slade Point • along the mainland shore in a northerly and easterly direction to where latitude 10º44.97' south intersects the mainland shore at Fly Point. ‘ (2) Subsection (1) applies only to black jewﬁsh. ‘46B Particular foreshores of Wynnum ‘ (1) The following foreshore waters of Wynnum— (a) the foreshore waters adjacent to the Esplanade between its intersection with the southern side of Cedar Street and its intersection with the northern side of Charlotte Street; (b) the foreshore waters within 100 m of high water mark between the northern bank of Lota Creek and the rock groine extending seawards near the northern end of Wynnum North Esplanade. ‘ (2) Subsection (1) applies only to worms belonging to the class Polychaeta .’. (3) Schedule 2, part 3— insert — ‘Division 3—Spotted mackerel ‘51A Prohibited activities ‘The following activities are prohibited in waters described in this division— (a) using commercial ﬁshing nets to take spotted mackerel; (b) possessing spotted mackerel taken in contravention of paragraph (a). ‘51B All waters ‘All Queensland waters.’.

s 15 9 s 15 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 15 Amendment of sch 3 (Closed waters—recreational ﬁshing) Schedule 3, part 2— insert— ‘45AA Waters adjacent to north Cape York ‘ (1) Waters within the following boundary— • from where latitude 10º44.97' south intersects the mainland shore at Fly Point to where longitude 142º37.26' east intersects the southern tip of Albany Island • along the southern and western shore of Albany Island to where latitude 10º42.96' south intersects the shore at the Island’s north-western tip • to the navigational light on Eborac Island, approximately at latitude 10º40.95' south and longitude 142º31.96' east • to where longitude 142º24.40' east intersects the northern tip of Possession Island • along the northern and eastern shores of Possession Island to where longitude 142º23.16' east intersects the shore at the Island’s southern tip • to the intersection of latitude 10º52.87' south with the eastern shore of Woody Wallis Island • to where longitude 142º06.56' east intersects the northern shore of Crab Island • along the western shore of Crab Island to where longitude 142º06.46' east intersects the shore at the Island’s southern tip • to where latitude 10º59.84' south intersects the mainland shore south of Slade Point • along the mainland shore in a northerly and easterly direction to where latitude 10º44.97' south intersects the mainland shore at Fly Point. ‘ (2) Subsection (1) applies only to black jewﬁsh. ‘45AB Particular foreshores of Wynnum ‘ (1) The following foreshore waters of Wynnum—

s 16 10 s 16 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 (a) the foreshore waters adjacent to the Esplanade between its intersection with the southern side of Cedar Street and its intersection with the northern side of Charlotte Street; (b) the foreshore waters within 100 m of high water mark between the northern bank of Lota Creek and the rock groine extending seawards near the northern end of Wynnum North Esplanade. ‘ (2) Subsection (1) applies only to worms belonging to the class Polychaeta .’. 16 Amendment of sch 4 (Regulated ﬁsh) (1) Schedule 4, part 1, division 1, subdivision 1— insert — ‘spotted mackerel 150’. (2) Schedule 4, part 2, division 1, under the heading ‘Reef ﬁsh’, entries for teraglin jew, pearl perch, snapper and spotted mackerel— omit. (3) Schedule 4, part 2, division 1, under the heading ‘Reef ﬁsh’— insert— ‘teraglin jew 5 pearl perch 5 snapper 5 spotted mackerel 5’. (4) Schedule 4, part 2, division 1, under the heading ‘Other ﬁsh’— insert — ‘beachworm or part of a beachworm 30 bloodworm or part of a bloodworm bêche-de-mer, other than black teatﬁsh 50 5 mud ﬂathead 5’. (5) Schedule 4, part 2, division 2, heading and entry for ‘Tropical rock lobster area’—

s 16 11 s 16 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 omit, insert — ‘Tropical spiny rock lobster tropical spiny rock lobster taken— • in waters north of latitude 14º south or in waters within the Gulf of Carpentaria and adjoining waterways between the 25 n mile line and the shore south of latitude 10º48' south— each individual each boat • elsewhere in the State each individual each boat (6) Schedule 4, part 2— insert — ‘Division 3—Fish regulated by species 3 6 5 10’. black teatﬁsh’. (7) Schedule 4, part 3, division 2— insert — ‘egg bearing or tar spot tropical spiny rock lobster’. (8) Schedule 4, part 3, division 4, under the heading ‘Reef ﬁsh’, entries for pearl perch, snapper and spotted mackerel— omit. (9) Schedule 4, part 3, division 4, under the heading ‘Reef ﬁsh’— insert — ‘painted crayﬁsh—carapace less than 90 mm, tail less than 115 mm pearl perch—less than 35 cm snapper—less than 35 cm spotted mackerel—less than 60 cm’.

s 17 12 s 17 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 (10) Schedule 4, part 3, division 4, under the heading ‘Other ﬁsh’, entry for ‘mud ﬂathead’, ‘30 cm’— omit, insert — ‘40 cm or more than 70 cm’. (11) Schedule 4, part 3— insert — ‘Division 7—Other regulated ﬁsh shark ﬁn’. (12) Schedule 4, part 3, divisions 4A to 7— renumber as divisions 5 to 8. 17 Amendment of sch 13 (Net ﬁsheries (commercial)) (1) Schedule 13, sections 3 and 12, after ‘barramundi’— insert — ‘or spotted mackerel’. (2) Schedule 13, sections 21(a) and 45(a), ‘(other than barramundi)’— omit, insert — ‘other than barramundi or spotted mackerel’. (3) Schedule 13, sections 21(b)(viii), 45(b)(viii), 88, 94C, 94L, 94U, 94ZD, 94ZM, 94ZV and 94ZAE, ‘(other than barramundi)— omit, insert — ‘, other than barramundi or spotted mackerel,’. (4) Schedule 13, section 37(1)— omit, insert — ‘ (1) A set pocket net may be used in the following waters of the Mary River only if it is no longer than 10 m and has a mesh size of at least 25 mm— (a) waters between longitude 152º46.22' east and the Old Bruce Highway Bridge;

s 18 13 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 (b) waters between lines between the following places marked by F ↑ B signs— • longitude 152º46.67' east on the northern bank and longitude 152º46.83' east on the southern bank • longitude 152º51.74' east on the northern bank (near ‘Tandora’) and longitude 152º51.71' east on the shore of Crab Island (Meteor Point) • longitude 152º51.62' east on the shore of Crab Island and longitude 152º51.95' east on the southern bank.’. (5) Schedule 13, sections 71 and 97(b)(ix), after ‘ﬁsh’— insert — ‘, other than spotted mackerel,’. (6) Schedule 13, section 97(a), after ‘ﬁsh’— insert — ‘other than spotted mackerel’. 18 Amendment of sch 15 (Other ﬁsheries (Commercial)) (1) Schedule 15, section 1, ‘symbol is ‘A’ ’— omit, insert — ‘symbols are ‘A1’ and ‘A2’ ’. (2) Schedule 15, section 3— insert — ‘ (2) In this section— “bêche-de-mer” does not include ﬁsh of the following species— (a) Bohadschia graeffei ; (b) Calachrius crassus ; (c) Cucmaria miniata ; (d) Euapta godeffroyi ; (e) Holothuria hilla ; (f) Holothuria edulis ; (g) Opheodesoma spp ;

s 18 14 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 (h) Pentacta anceps ; (i) Pentacta lutea ; (j) Pseudocolchirus violaceus ; (k) Stichopus noctivagus; (l) Synapta maculata. ’. (3) Schedule 15, section 5— omit, insert — ‘5 General conditions of taking ﬁsh under authority with ‘A1’ or ‘A2’ ﬁshery symbol ‘ (1) No more than 3 persons may take ﬁsh at the same time under the authority. ‘ (2) Only the boat identiﬁed in the authority and 1 other boat may be used to take ﬁsh in the same location. ‘ (3) Fish must not be taken for human consumption. ‘5A Additional conditions—‘A1’ ﬁshery symbol ‘ (1) This section applies only to an authority with an ‘A1’ ﬁshery symbol written on it. ‘ (2) Fish may be taken only— (a) by the authority holder or a person nominated by the authority holder (a “nominee” ); and (b) from the ﬁshery area or an area stated in the authority. 1 ‘ (3) Despite subsection (2)(b), the authority holder or nominee may take ﬁsh from any of the following areas of the ﬁshery area only if the area is stated in the authority— (a) waters within the Moreton Bay Marine Park; (b) waters north of Cape Moreton and south of latitude 26º18' south, other than waters within the Moreton Bay Marine Park; 1 See section 88 (Holder of authority to have it available for immediate inspection etc.) of the Act for the obligations of authority holders and other persons in relation to doing anything under the authority.

s 18 15 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 (c) waters west of longitude 151º08' east and between latitude 23º15' south and latitude 23º south; (d) waters within the area described as area 1 in the Whitsundays Plan of Management, schedule 1; 2 (e) waters within the following boundary— • from the intersection of latitude 17º08' south with the mainland shore to latitude 17º08' south, longitude 146º12' east • to latitude 16º51' south, longitude 146º28' east • to latitude 15º55' south, longitude 145º51' east • along latitude 15º55' south to the mainland shore • along the mainland shore to latitude 17º08' south. ‘ (4) The authority holder— (a) can not nominate more than 3 persons as nominees; and (b) must give written notice to the chief executive of each nominee. ‘ (5) In this section— “Moreton Bay Marine Park” means the area set apart and declared as the Moreton Bay Marine Park under the Marine Parks Regulation 1990 , part 1A. 3 “Whitsundays Plan of Management” means the Whitsundays Plan of Management 1998 prepared under the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 39ZD. 4 ‘5B Additional conditions—‘A2’ ﬁshery symbol ‘ (1) This section applies only to an authority with an ‘A2’ ﬁshery symbol written on it. ‘ (2) The authority holder must be present when the ﬁsh are taken. 2 The Whitsundays Plan of Management 1998 , schedule 1 (The Planning Area) 3 The Marine Parks Regulation 1990 , part 1A (Declaration of Marine Parks). 4 The Great Barrier Reef Marine Park Act 1975 (Cwlth), section 39ZD (Preparation of plan of management). The Whitsundays Plan of Management 1998 can be accessed on the internet at s 18 16 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘ (3) Fish may be taken only in the ﬁshery area or an area stated in the authority. ‘ (4) The authority holder must not take or possess— (a) more than 10 ﬁsh; or (b) more than 2 ﬁsh of the same species.’. (4) Schedule 15, section 10— omit, insert — ‘10 Selling ﬁsh—authority holder ‘The authority holder may sell ﬁsh taken under the authority only if the ﬁsh are to be used for— (a) display as aquarium ﬁsh; or (b) broodstock; or (c) a purpose related to a purpose mentioned in paragraph (a) or (b). ‘10A Selling ﬁsh—nominee ‘ (1) An authority holder of an authority with an ‘A1’ ﬁshery symbol may nominate a person (a “nominee” ) to sell ﬁsh taken under the authority. ‘ (2) A nominee may sell ﬁsh only for a purpose mentioned in section 10, paragraphs (a) to (c). 5 ‘ (3) The authority holder— (a) can not nominate more than 3 persons as nominees; and (b) give written notice to the chief executive of each nominee.’. (5) Schedule 15, part 2, before section 11— insert — ‘Division 1—General provisions ’. (6) Schedule 15, section 15(1) and (2)— omit, insert — 5 See section 88 (Holder of authority to have it available for immediate inspection etc.) of the Act for the obligations of authority holders and other persons in relation to doing anything under the authority.

s 18 17 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘ (1) Bêche-de-mer may be taken only by the authority holder, or a person nominated by the authority holder (a “nominee” ), and only in the ﬁshery area or area stated in the authority. 6 ‘ (2) The authority holder— (a) can not nominate more than 3 persons as nominees; and (b) must give written notice to the chief executive of each nominee.’. (7) Schedule 15, section 15(5)— omit, insert — ‘ (5) No more than 10 persons may take bêche-de-mer at the same time under the authority.’. (8) Schedule 15, section 17— omit, insert — ‘17 Selling bêche-de-mer ‘ (1) The authority holder, or a person nominated by the authority holder (a “nominee” ), may sell bêche-de-mer taken under the authority only to a buyer or the holder of another authority allowing the holder to buy the bêche-de-mer. 7 ‘ (2) The authority holder— (a) can not nominate more than 3 persons as nominees; and (b) must give written notice to the chief executive of each nominee.’. (9) Schedule 15, part 2— insert — 6 See section 88 (Holder of authority to have it available for immediate inspection etc.) of the Act for the obligations of authority holders and other persons in relation to doing anything under the authority. 7 See section 88 (Holder of authority to have it available for immediate inspection etc.) of the Act for the obligations of authority holders and other persons in relation to doing anything under the authority.

s 18 18 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘Division 2—VMS equipment and manual reporting conditions ‘Subdivision 1—VMS equipment obligations ‘17A Obligation to install and register VMS equipment ‘ (1) The authority holder must have an approved person install approved VMS equipment on the boat identified in the authority. ‘ (2) The equipment and the installer must be included in the particulars about the authority in the register. ‘ (3) In this section— “install” , for VMS equipment, includes ﬁt an approved seal on the equipment. 8 ‘17B Obligation to maintain and use VMS equipment ‘ (1) The person in control of the boat identified in the authority must ensure VMS equipment installed on the boat is— (a) maintained in a condition that allows it to perform the functions of VMS equipment; and (b) used in a way that, at all times, allows the boat to be detected by VMS wherever the boat is located. ‘ (2) However, the obligations do not apply during a period if— (a) the boat is not used for ﬁshing during the period; and (b) before the period started the chief executive received notice from the authority holder that the boat would not be used for ﬁshing during the period because, during the whole of the period— (i) the boat will be incapable of being used for ﬁshing; or Examples for subparagraph (i) — During the whole of the period, the boat will be in dry dock or on a slip. 8 Under section 4 (Deﬁnitions) of the Act, deﬁnition “VMS equipment”, VMS equipment means ‘equipment used as part of a system that monitors the position and operation of a vessel’.

s 18 19 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 (ii) the VMS equipment will be disconnected from its power source because of a stated maintenance reason. ‘ (3) However, if the notice is given because of a maintenance reason, the period can not be more than 6 hours. ‘ (4) The notice may be given to the chief executive by— (a) telephone to a telecommunications service provider for the chief executive appointed by gazette notice; or (b) using VMS equipment in a way that ensures— (i) the notice is given to, and received by, the chief executive instantaneously; and (ii) the chief executive can readily access the information in the notice. ‘ (5) For subsection (1)(b), a boat is “detected by VMS” at or in a place if a signal has come from VMS equipment for the boat at or in the place. ‘17C Obligation to modify or replace installed VMS if required ‘ (1) The chief executive may, by notice, require the authority holder to modify or replace VMS equipment installed on the boat identified in the authority. ‘ (2) The notice must— (a) identify the authority holder, the authority and the boat; and (b) state the required modiﬁcation or replacement; and (c) state a reasonable period of at least 3 months for the authority holder to comply with the notice; and (d) be accompanied by, or include, an information notice about the decision to make the requirement. ‘ (3) The authority holder must, within the stated period, make the required modification or replacement.

s 18 20 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘Subdivision 2—Obligations if VMS equipment malfunctions ‘17D Application of subdiv 2 ‘This subdivision applies if the VMS equipment installed on a boat identiﬁed in the authority malfunctions. ‘17E Deﬁnition for subdiv 2 ‘In this subdivision— “malfunction” , for VMS equipment, means a failure to perform the functions of VMS equipment. ‘17F Obligation to give notice of malfunction ‘ (1) Immediately after a person in control of the boat becomes aware of the malfunction, the person must notify the chief executive of the malfunction, unless the person has a reasonable excuse. ‘ (2) The notice may be given to the chief executive by— (a) telephone to a telecommunications service provider for the chief executive appointed by gazette notice; or (b) using VMS equipment in a way that ensures— (i) the notice is given to, and received by, the chief executive instantaneously; and (ii) the chief executive can readily access the information in the notice. ‘ (3) A person is taken to be aware of the malfunction if the person receives notice from the chief executive or an inspector that the equipment is malfunctioning. ‘ (4) The notice may be given— (a) orally in person; or (b) by a nominated communication mode for the boat.

s 18 21 s 18 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘17G Manual reporting obligation ‘ (1) The person in control must notify the boat’s position and operation to the chief executive by radio, telephone or another form of instantaneous electronic communication at intervals that, in all the circumstances, reasonably acts as a substitute for VMS equipment. ‘ (2) The obligation under subsection (1) is called the “manual reporting obligation” . ‘ (3) The manual reporting obligation continues to apply to the person in control until the VMS maintenance and use obligations are complied with for the boat. ‘ (4) If notice is given about a boat under the manual reporting obligation the boat is “manually reported” . ‘Subdivision 3—Guidelines for this division ‘17H Chief executive may make guidelines ‘The chief executive may make guidelines— (a) about how to give notice to the chief executive under this division ( “notice guidelines” ); or (b) for compliance with the manual reporting obligation ( “manual reporting guidelines” ). ‘17I Effect of complying with notice guidelines ‘A person is taken to have given a notice under this part if, to the extent they are relevant, the notice guidelines are complied with. ‘17J Effect of complying with manual reporting guidelines ‘A person to whom the manual obligation applies is taken to have complied with the obligation if, to the extent they are relevant, the manual reporting guidelines are complied with.’. (10) Schedule 15, section 33— insert —

s 19 22 s 19 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 ‘ (3) Only the following boats may be used to take crayﬁsh or rock lobsters— (a) a primary commercial ﬁshing boat; (b) if there is a tender commercial ﬁshing boat for the primary commercial ﬁshing boat and the primary commercial ﬁshing boat is not being used to take crayﬁsh or rock lobsters—the tender commercial ﬁshing boat. ‘ (4) No more than 1 person may take crayﬁsh or rock lobsters from the primary or tender commercial ﬁshing boat at the same time.’. (11) Schedule 15, section 89— insert — ‘ (2) However, the ﬁshery area does not include the foreshores of Moreton Bay, other than the foreshores designated as a commercial bloodworm gathering area under the Marine Parks (Moreton Bay) Zoning Plan 1997 , section 33. 9 ’. 19 Amendment of sch 16 (Glossary of scientiﬁc names used for ﬁsh) (1) Schedule 16, entries for ‘armoured cat (cory)’ and ‘barracuda’— omit. (2) Schedule 16— insert — ‘armoured (cory) catﬁsh barracuda painted crayﬁsh slender barracuda Corydoras spp. Agrioposphyraena barracuda Panulirus ornatus Sphyraena jello ’. 9 The Marine Parks (Moreton Bay) Zoning Plan 1997, section 33 (Designated areas)

s 20 23 s 20 Fisheries Amendment Regulation (No. 4) 2002 No. 339, 2002 20 Amendment of sch 17 (Deﬁnitions) Schedule 17, section 11 and part 2, deﬁnitions “install” and “tropical rock lobster area”— omit . ENDNOTES 1. Made by the Governor in Council on 5 December 2002. 2. Notiﬁed in the gazette on 6 December 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 2002