Fisheries Amendment Regulation (No. 5) 2003 (Qld)

Fisheries Amendment Regulation (No. 5) 2003

Queensland Subordinate Legislation 2003 No. 378 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 5) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of s 2A (References to latitudes and longitudes). . . . . . . . . . . 2 2A References to latitudes and longitudes. . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 41B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 41B Fishery symbol ‘SM’ may authorise surface trolling in western Flat Rock protection area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new s 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 60A Restriction on transfer of SM (Flat Rock) ﬁshery licences . . . . . . . . 4 6 Amendment of sch 2 (Closed waters—commercial ﬁshing). . . . . . . . . . . . . 4 7 Amendment of sch 3 (Closed waters—recreational ﬁshing). . . . . . . . . . . . . 7 8 Amendment of sch 5B (Special provisions for spanish mackerel commercial ﬁshery). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Amendment of sch 17 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

s1 2 s3 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 5) 2003 . 2 Regulation amended This regulation amends the Fisheries Regulation 1995. 3 Replacement of s 2A (References to latitudes and longitudes) Section 2A— omit, insert— ‘2A References to latitudes and longitudes ‘ (1) Unless otherwise provided under this section, latitudes and longitudes mentioned in this regulation or a management plan are worked out using AGD 66. ‘ (2) Latitudes and longitudes mentioned in schedule 2, section 193A, 1 are worked out using GD A94. ‘ (3) Latitudes and longitudes mentioned in any of the following provisions of this regulation are worked out using WGS 84— (a) schedule 2, part 1, divisions 2 and 3; (b) schedule 2, part 4, division 5; (c) schedule 3, sections 40B to 40E; (d) schedule 5B; 1 Schedule 2 (Closed waters—commercial ﬁshing), section 193A (Hervey Bay scallop ranching areas)

s4 3 s4 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 (e) schedule 17, part 2, deﬁnition “western Flat Rock protection area”. 2 ‘ (4) Subsection (1) does not apply for a management plan, or a provision of a management plan, if the plan or provision provides for another system for working out latitudes and longitudes. ‘ (5) In this section— “AGD 66” means the ‘Australian Geodetic Datum 1966’ (commonly called ‘AGD 66’) notified in the Commonwealth Government Gazette No. 84 on 6 October 1966, at page 4984. “GDA 94” means the ‘Geocentric Datum of Australia 1994’ (commonly called ‘GDA 94’) notiﬁed in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. “WGS 84” means 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. 3 ’. 4 Insertion of new s 41B After section 41A— insert — 2 Schedule 2 (Closed waters—commercial ﬁshing), part 1 (Taking or possessing any ﬁsh) , divisions 2 (Fish taken under ﬁshery symbol C1, L1, L6, L7, N1, N2, N6, N7, N8, SM or T4) and 3 (Fish taken under ﬁshery symbol A1 or A2) Schedule 2 (Closed waters—commercial ﬁshing), part 4 (Taking or possessing any ﬁsh and using or possessing certain ﬁshing apparatus), division 5 (Fish taken under ﬁshery symbol A1 or A2) Schedule 3 (Closed waters—recreational ﬁshing) Schedule 5B (Special provisions for spanish mackerel commercial ﬁshery) Schedule 17 (Deﬁnitions), part 2 (Dictionary) 3 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 < s5 4 s6 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 ‘41B Fishery symbol ‘SM’ may authorise surface trolling in western Flat Rock protection area ‘ (1) Subsection (2) applies to an SM ﬁshery licence only if it is amended by the chief executive under schedule 5B, part 2A. 4 ‘ (2) An SM ﬁshery licence may state that the holder of, or a person acting under, the licence may take ﬁsh by surface trolling in the western Flat Rock protection area from 6 a.m. to 6 p.m. on any day if the ﬁsh are taken— (a) under the ﬁshery symbol ‘L1’, ‘L6’, ‘L7’ or ‘SM’; and (b) in accordance with any conditions stated in the licence.’. 5 Insertion of new s 60A Part 7, division 6— insert — ‘60A Restriction on transfer of SM (Flat Rock) ﬁshery licences ‘The chief executive may approve an application (a “transfer application”) for the transfer of an SM (Flat Rock) ﬁshery licence only if— (a) the transfer application is accompanied by an application by the holder to amend the licence to remove the authorisation of the holder, or a person acting under the licence, to take ﬁsh by surface trolling in the western Flat Rock protection area; and (b) the licence is amended to remove the authorisation before or when the chief executive approves the transfer application.’. 6 Amendment of sch 2 (Closed waters—commercial ﬁshing) (1) Schedule 2, part 1, before section 1— insert — ‘Division 1—Fish taken under any ﬁshery symbol’. (2) Schedule 2, section 1, ‘this part’— 4 Schedule 5B (Special provisions for spanish mackerel commercial ﬁshery), part 2A (Amending SM fishery licence to allow surface trolling in western Flat Rock protection area)

s6 5 s6 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 omit, insert — ‘this division’. (3) Schedule 2, part 1, after section 40— insert — ‘Division 2—Fish taken under ﬁshery symbol C1, L1, L6, L7, N1, N2, N6, N7, N8, SM or T4 ‘Subdivision 1—Flat Rock grey nurse shark protection area ‘40A Prohibited activities ‘ (1) The following activities are prohibited— (a) taking any ﬁsh under the ﬁshery symbol ‘C1’, ‘L1’, ‘L6’, ‘L7’, ‘N1’, ‘N2’, ‘N6’, ‘N7’, ‘N8’, ‘SM’ or ‘T4’ in waters described in this subdivision; (b) possessing a ﬁsh taken in contravention of paragraph (a). ‘ (2) However, subsection (1)(a) does not apply to ﬁsh taken by surface trolling in the western Flat Rock protection area from 6 a.m. to 6 p.m. on any day if the ﬁsh are taken— (a) under the ﬁshery symbol ‘L1’, ‘L6’, ‘L7’ or ‘SM’ written on an SM (Flat Rock) ﬁshery licence; and (b) in accordance with any conditions stated in the licence. ‘40B Flat Rock grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 27º23.41' south, longitude 153º33.07' east. ‘Subdivision 2—Other grey nurse shark protection areas ‘40C Prohibited activities ‘The following activities are prohibited—

s6 6 s6 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 (a) taking any ﬁsh under the ﬁshery symbol ‘C1’, ‘L1’, ‘L6’, ‘L7’, ‘N1’, ‘N2’, ‘N6’, ‘N7’, ‘N8’, ‘SM’ or ‘T4’ in waters described in this subdivision; (b) possessing a ﬁsh taken in contravention of paragraph (a). ‘40D Henderson Rock grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 27º07.92' south, longitude 153º28.71' east. ‘40E Cherub’s Cave grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 27º07.67' south, longitude 153º28.67' east. ‘40F Wolf Rock grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 25º54.60' south, longitude 153º11.85' east. ‘Division 3—Fish taken under ﬁshery symbol A1 or A2 ‘40G Prohibited activities ‘The following activities are prohibited— (a) taking any ﬁsh, other than coral reef ﬁn ﬁsh, 5 under the ﬁshery symbol ‘A1’ or ‘A2’ in waters described in this division; (b) possessing a ﬁsh taken in contravention of paragraph (a). ‘40H Wolf Rock grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 25º54.60' south, longitude 153º11.85' east.’. (4) Schedule 2, part 4— 5 For coral reef ﬁn ﬁsh, see the Fisheries (Coral Reef Fin Fish) Management Plan 2003 .

s7 7 s7 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 insert — ‘Division 5—Fish taken under ﬁshery symbol A1 or A2 ‘252 Prohibited activities ‘The following activities are prohibited— (a) taking any ﬁsh, other than coral reef ﬁn ﬁsh, 6 under the ﬁshery symbol ‘A1’ or ‘A2’ in waters described in this division from 6 p.m. to 6 a.m. on any day; (b) using a ﬁshing line or cast net to take any ﬁsh, other than coral reef ﬁn ﬁsh, under the ﬁshery symbol ‘A1’ or ‘A2’ in waters described in this division from 6 a.m. to 6 p.m. on any day; (c) possessing a ﬁsh taken in contravention of paragraph (a) or (b). ‘253 Flat Rock grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 27º23.41' south, longitude 153º33.07' east. ‘254 Henderson Rock grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 27º07.92' south, longitude 153º28.71' east. ‘255 Cherub’s Cave grey nurse shark protection area ‘Waters within a 1.2 km radius of latitude 27º07.67' south, longitude 153º28.67' east.’. 7 Amendment of sch 3 (Closed waters—recreational ﬁshing) (1) Schedule 3, part 2— insert — 6 For coral reef ﬁn ﬁsh, see the Fisheries (Coral Reef Fin Fish) Management Plan 2003 .

s7 8 s7 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 ‘40B Flat Rock grey nurse shark protection area ‘ (1) Waters within a 1.2 km radius of latitude 27º23.41' south, longitude 153º33.07' east. ‘ (2) Subsection (1) applies to ﬁsh other than coral reef ﬁn ﬁsh and spanner crabs. 7 ‘40C Henderson Rock grey nurse shark protection area ‘ (1) Waters within a 1.2 km radius of latitude 27º07.92' south, longitude 153º28.71' east. ‘ (2) Subsection (1) applies to ﬁsh other than coral reef ﬁn ﬁsh or spanner crabs. 8 ‘40D Cherub’s Cave grey nurse shark protection area ‘ (1) Waters within a 1.2 km radius of latitude 27º07.67' south, longitude 153º28.67' east. ‘ (2) Subsection (1) applies to ﬁsh other than coral reef ﬁn ﬁsh or spanner crabs. 9 ‘40E Wolf Rock grey nurse shark protection area ‘ (1) Waters within a 1.2 km radius of latitude 25º54.60' south, longitude 153º11.85' east. ‘ (2) Subsection (1) applies to ﬁsh other than coral reef ﬁn ﬁsh and spanner crabs. 10 ’. (2) Schedule 3, section 45AB— relocate and renumber as schedule 3, section 40A. 7 For coral reef ﬁn ﬁsh, see the Fisheries (Coral Reef Fin Fish) Management Plan 2003 . For spanner crabs, see the Fisheries (Spanner Crab) Management Plan 1999 . 8 For coral reef ﬁn ﬁsh, see the Fisheries (Coral Reef Fin Fish) Management Plan 2003 . For spanner crabs, see the Fisheries (Spanner Crab) Management Plan 1999 . 9 For coral reef ﬁn ﬁsh, see the Fisheries (Coral Reef Fin Fish) Management Plan 2003 . For spanner crabs, see the Fisheries (Spanner Crab) Management Plan 1999 . 10 For coral reef ﬁn ﬁsh, see the Fisheries (Coral Reef Fin Fish) Management Plan 2003 . For spanner crabs, see the Fisheries (Spanner Crab) Management Plan 1999 .

s8 9 s8 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 (3) Schedule 3, section 45AA— relocate and renumber as schedule 3, section 44A. 8 Amendment of sch 5B (Special provisions for spanish mackerel commercial ﬁshery) Schedule 5B— insert — ‘PART 2A—AMENDING SM FISHERY LICENCE TO ALLOW SURFACE TROLLING IN WESTERN FLAT ROCK PROTECTION AREA ‘35A Holder may apply for amendment of SM ﬁshery licence to allow surface trolling in western Flat Rock protection area ‘ (1) The holder of an SM ﬁshery licence may, by written notice, request the chief executive to amend the licence to allow the holder, or a person acting under the licence, to take ﬁsh, under the ﬁshery symbol ‘L1’, ‘L6’, ‘L7’ or ‘SM’, by surface trolling in the western Flat Rock protection area from 6 a.m. to 6 p.m. on any day. 11 ‘ (2) The notice must be given to the chief executive by— (a) 1 April 2004; or (b) if the ﬁshery symbol ‘SM’ is written on the licence, under part 2, division 6, on or after 1 April 2004—6 weeks from the day the ﬁshery symbol is written on the licence. ‘35B How chief executive must deal with application to amend licence ‘ (1) As soon as practicable after receiving an application made as required under section 35A, the chief executive must decide whether to amend the holder’s SM ﬁshery licence as requested. 11 See also schedule 2 (Closed waters—commercial ﬁshing), part 1 (Taking or possessing any ﬁsh), division 2 (Fish taken under ﬁshery symbol C1, L1, L6, L7, N1, N2, N6, M7, N8, SM or T4), subdivision 1 (Flat Rock grey nurse shark protection area).

s 8 10 s 8 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 ‘ (2) The chief executive may decide to amend the licence as requested only if the chief executive is reasonably satisﬁed, using only the information mentioned in section 35C, that an amount of spanish mackerel was taken lawfully— (a) on or after 1 January 2001 but before this section commences; and (b) in waters within a 1.2 km radius of latitude 27º23.41' south, longitude 153º33.07' east; and (c) under the ﬁshery symbol ‘L1’, ‘L6’ or ‘L7’ written on the licence. ‘ (3) If the chief executive decides to amend the licence as requested, the chief executive must, as soon as practicable after making the decision, amend the licence to allow the holder of, or a person acting under, the licence to take ﬁsh by surface trolling in the western Flat Rock protection area from 6 a.m. to 6 p.m. on any day if the ﬁsh are taken— (a) under the ﬁshery symbol ‘L1’, ‘L6’, ‘L7’ or ‘SM’; and (b) in accordance with any conditions stated on the licence. Examples of conditions — • a condition about the period during which ﬁsh may be taken by surface trolling in the western Flat Rock protection area • a condition that lead lines may not be used to take ﬁsh by surface trolling in the area ‘ (4) If the chief executive decides not to amend the licence as requested, the chief executive must, as soon as practicable after making the decision, give the holder a notice stating each of the following— (a) the decision and the reasons for it; (b) that the holder may appeal against the decision to the tribunal within 28 days after the holder receives the notice; (c) how to appeal. ‘35C Information chief executive may use to decide application ‘ (1) For section 35B(2), the information the chief executive may use to decide the application is logbook information received by the chief executive no later than the following day—

s 9 11 s 9 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 (a) for logbook information for the period beginning on 1 January 2001 and ending on 31 October 2003—the day this section commences; (b) for logbook information for the period beginning on 1 November 2003 and ending immediately before this section commences—the day that is 6 weeks from the day this section commences. ‘ (2) Also, the chief executive may use the information mentioned in subsection (3) if the logbook information— (a) records spanish mackerel as being taken in a larger area including the waters (the “prescribed waters” ) mentioned in section 35B(2)(b); but (b) does not record whether the spanish mackerel were taken in the prescribed waters. ‘ (3) If this subsection applies, the chief executive may use any other information held or obtained by the chief executive to decide whether the spanish mackerel were taken in the prescribed waters.’. 9 Amendment of sch 17 (Deﬁnitions) Schedule 17, part 2— insert — ‘ “SM (Flat Rock) ﬁshery licence” means an SM ﬁshery licence amended under schedule 5B, part 2A, 12 to allow the holder of, or a person acting under, the licence to take ﬁsh, under the ﬁshery symbol ‘L1’, ‘L6’, ‘L7’ or ‘SM’, by surface trolling in the western Flat Rock protection area from 6 a.m. to 6 p.m. on any day. “surface trolling” means using a ﬁshing line from a moving boat so that no part of the line, including a lure or hook used with the line, is more than 2 m below the surface of the water. “western Flat Rock protection area” means the waters west of longitude 153º33.07' east that are within a 1.2 km radius of latitude 27º23.41' south, longitude 153º33.07' east.’. 12 Schedule 5B (Special provisions for spanish mackerel commercial ﬁshery), part 2A (Amending SM fishery licence to allow surface trolling in western Flat Rock protection area)

12 Fisheries Amendment Regulation (No. 5) 2003 No. 378, 2003 ENDNOTES 1. Made by the Governor in Council on 18 December 2003. 2. Notiﬁed in the gazette on 19 December 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 2003