Fisheries Amendment Regulation (No. 5) 2008 (Qld)
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Queensland Fisheries Amendment Regulation (No. 5) 2008 Subordinate Legislation 2008 No. 448 made under the FisheriesAct1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15A What is a commercial fishery . . . . . . . . . . . . . . . . . . . 9 5 Replacement of s 33 (Regulated waters for div 2) . . . . . . . . . . . . 10 33 Regulated waters for div 2 . . . . . . . . . . . . . . . . . . . . . 10 6 Replacement of s 51 (Regulated waters for div 5) . . . . . . . . . . . . 11 51 Regulated waters for div 5 . . . . . . . . . . . . . . . . . . . . . 11 7 Amendment of s 62 (Prohibited activities—mud crab) . . . . . . . . . 12 8 Replacement of s 87 (Regulated waters for div 2) . . . . . . . . . . . . 12 87 Regulated waters for div 2 . . . . . . . . . . . . . . . . . . . . . 13 9 Amendment of s 89 (Exception for Trinity Bay regulated waters) . 16 10 Amendment of s 90 (Regulated waters and regulated periods for div 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11 Amendment of s 96 (Prohibited activities) . . . . . . . . . . . . . . . . . . 18 12 Replacement of s 97 (Regulated waters for div 4) . . . . . . . . . . . . 18 97 Regulated waters for div 4 . . . . . . . . . . . . . . . . . . . . . 19 13 Amendment of s 98 (Prohibited activities and regulated period) . 20
Fisheries Amendment Regulation (No. 5) 2008 Contents 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 2 Amendment of s 101 (Exceptions for Wellesley Islands Protected Wildlife Area regulated waters) . . . . . . . . . . . . . . . . . . Amendment of s 103 (Prohibited activities—Hervey Bay–Tin Can Bay (greater dugong protection area) regulated waters) . . . Amendement of s 107 (Prohibited activities—Hervey Bay–Tin Can Bay (dugong protection area 4) waters) . . . . . . . . . . . . . . . . Amendment of s 108 (Prohibited activities—Hervey Bay–Tin Can Bay (dugong protection area 5) waters) . . . . . . . . . . . . . . . . Amendment of s 109 (Prohibited activities) . . . . . . . . . . . . . . . . . Replacement of ch 2, pt 11, div 5. . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Upstart Bay (greater dugong protection area) regulated waters and included areas 111 Prohibited activities—Upstart Bay (greater dugong protection area) regulated waters. . . . . . . . . . . . . . . . Replacement of s 114 (Prohibited activities) . . . . . . . . . . . . . . . . 114 Prohibited activities . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 116 (Prohibited activities) . . . . . . . . . . . . . . . . 116 Prohibited activities—using mesh nets generally . . . . 116A Prohibited activities—using set mesh nets in rivers or creeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 119 and 120. . . . . . . . . . . . . . . . . . . . . . . . . . 119 Prohibited activities—using mesh nets generally . . . . 120 Using mesh nets in offshore waters . . . . . . . . . . . . . . 120A Using set mesh nets in nearshore waters . . . . . . . . . Amendment of s 121 (Using set mesh nets on a headland) . . . . Amendment of s 122 (Using set mesh nets in rivers or creeks) . . Omission of s 123 (Using a mesh, ring or seine net) . . . . . . . . . . Amendment of s 141 (Particular activities involving regulated fish are prohibited activities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 143 (Regulated fish declarations may apply differently) ...................................... Amendment of s 157 (Fin fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 157A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157A Fin fish (interdorsal length for shark or ray) . . . . . . . . Replacement of ss 192 and 193. . . . . . . . . . . . . . . . . . . . . . . . . . 192 Using shell dredges . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Using seine nets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 197 (Taking fish using fishing apparatus) . . . . 197 Taking fish using fishing apparatus . . . . . . . . . . . . . . 20 20 20 21 21 22 22 24 24 24 24 24 25 25 25 26 26 27 27 27 28 28 28 28 29 29 29 30 30 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 Contents 32 Amendment of s 247 (General conditions of a commercial fishing boat licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 33 Amendment of s 250 (Particular fishery symbols included in particular management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 34 Amendment of s 265 (Taking particular fish) . . . . . . . . . . . . . . . . 31 35 Amendment of s 266 (Using fishing apparatus) . . . . . . . . . . . . . . 31 36 Amendment of s 267 (Taking fish in a particular way) . . . . . . . . . 31 37 Amendment of s 268 (Taking fish during a fishery period) . . . . . . 32 38 Insertion of new s 271A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 271A Condition of licence if fishery symbol identifies more than 1 fishery. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 39 Amendment of s 317 (Use of primary boats) . . . . . . . . . . . . . . . . 32 40 Amendment of s 412 (What fish may be taken) . . . . . . . . . . . . . . 32 41 Replacement of ch 9, pt 1, hdg, div 1, hdg and s 435 . . . . . . . . . 33 Part 1 General netting and ocean beach fisheries (‘K1’ to ‘K8’) Division 1 Net fishery (general netting and ocean beach—area 1) (‘K1’) 435 What is the net fishery (general netting and ocean beach—area 1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 42 Amendment of s 437 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . 33 43 Replacement of ch 9, pt 1, div 2, hdg and s 438 . . . . . . . . . . . . . 34 Division 2 Net fishery (general netting and ocean beach—area 2) (‘K2’) 438 What is the net fishery (general netting and ocean beach—area 2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 44 Amendment of s 440 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . 34 45 Replacement of ch 9, pt 1, div 3, hdg and s 441 . . . . . . . . . . . . . 34 Division 3 Net fishery (general netting and ocean beach—area 3) (‘K3’) 441 What is the net fishery (general netting and ocean beach—area 3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 46 Amendment of s 443 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . 35 47 Replacement of ch 9, pt 1, div 4, hdg and s 444 . . . . . . . . . . . . . 35 Division 4 Net fishery (general netting and ocean beach—area 4) (‘K4’) 444 What is the net fishery (general netting and ocean beach—area 4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 48 Amendment of s 446 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . 36 49 Replacement of ch 9, pt 1, div 5, hdg and s 447 . . . . . . . . . . . . . 36 2008 SL No. 448 Page 3
Fisheries Amendment Regulation (No. 5) 2008 Contents 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Page 4 Division 5 Net fishery (general netting and ocean beach—area 5) (‘K5’) 447 What is the net fishery (general netting and ocean beach—area 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 449 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . Replacement of ch 9, pt 1, div 6, hdg and s 450 . . . . . . . . . . . . . Division 6 Net fishery (general netting and ocean beach—area 6) (‘K6’) 450 What is the net fishery (general netting and ocean beach—area 6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 452 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . Replacement of ch 9, pt 1, div 7, hdg and s 453 . . . . . . . . . . . . . Division 7 Net fishery (general netting and ocean beach—area 7) (‘K7’) 453 What is the net fishery (general netting and ocean beach—area 7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 455 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . Replacement of ch 9, pt 1, div 8, hdg and s 456 . . . . . . . . . . . . . Division 8 Net fishery (general netting and ocean beach—area 8) (‘K8’) 456 What is the net fishery (general netting and ocean beach—area 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 458 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . Replacement of s 459 (Application of div 9). . . . . . . . . . . . . . . . . 459 Application of div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 464 (Use of seine nets in the fishery area) . . . . Replacement of ch 9, pt 2, hdg (Net fishery (east coast no. 1) (‘N1) ......................................... Amendment of s 468 (What is the net fishery (east coast no. 1)) Replacement of ch 9, pt 2, div 2 (Fishery symbol and area) . . . . Division 2 Fishery symbols and area 469 Fishery symbols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 Fishery area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 472 (Permitted ways of taking fish) . . . . . . . . . 472 Permitted ways of taking fish . . . . . . . . . . . . . . . . . . . Amendment of s 473 (Use of seine nets in Lake Weyba) . . . . . . Amendment of s 474 (Use of mesh nets in Lakes Cootharaba, Cooroibah and Weyba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 475 (Use of seine nets north of the Mary River) 36 36 37 37 37 37 38 38 38 38 39 39 39 39 39 40 40 40 40 41 41 41 42 42 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 Contents 66 Replacement of ss 476–478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 476 Use of general purpose mesh nets south of Baffle Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 477 Use of general purpose mesh nets north of Baffle Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 67 Amendment of s 479 (Use of mesh nets in offshore waters of Keppel Bay) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 68 Replacement of ss 480 and 481 and ch 9, pt 2, div 5 . . . . . . . . . 43 480 Use of nets that are neither fixed nor hauled in offshore waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 481 Use of general purpose mesh nets in nearshore waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 482 Use of general purpose mesh nets in rivers and creeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 5 Use of set mesh nets in particular areas within the fishery area 483 Use of set mesh nets in offshore waters south of Baffle Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 484 Use of set mesh nets in offshore waters of Keppel Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 485 Use of set mesh nets in offshore waters north of Baffle Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 69 Amendment of s 487 (Use of set pocket nets in rivers) . . . . . . . . 47 70 Omission of ch 9, pt 2, div 7 (Use of tunnel nets in particular areas within the fishery area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 71 Renumbering of ch 9, pt 2, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . 47 72 Replacement of s 489 (Use of primary boats) . . . . . . . . . . . . . . . 47 489 Use of primary boats . . . . . . . . . . . . . . . . . . . . . . . . . 47 73 Amendment of s 490 (Use of tender boats) . . . . . . . . . . . . . . . . . 47 74 Replacement of ss 491 and 492. . . . . . . . . . . . . . . . . . . . . . . . . . 47 491 Permitted distance for an assistant fisher to be under direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 492 Marking nets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 75 Replacement of ch 9, pt 3, hdg and s 493 . . . . . . . . . . . . . . . . . . 49 Part 3 Net fishery (east coast no. 2) (‘N2’) 493 What is the net fishery (east coast no. 2) . . . . . . . . . . 49 76 Replacement of s 495 (Fishery area) . . . . . . . . . . . . . . . . . . . . . . 49 495 Fishery area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 77 Replacement of ss 497 and 498. . . . . . . . . . . . . . . . . . . . . . . . . . 49 497 Permitted ways of taking fish . . . . . . . . . . . . . . . . . . . 50 2008 SL No. 448 Page 5
Fisheries Amendment Regulation (No. 5) 2008 Contents 497A Use of set mesh nets in nearshore waters between Burnett River and Baffle Creek. . . . . . . . . . . . . . . . . . 498 Use of set mesh nets in nearshore waters between Baffle Creek and Cape Flattery . . . . . . . . . . . . . . . . . 78 Amendment of s 499 (Use of set mesh nets in rivers and creeks between Kauri Creek and Cape Flattery) . . . . . . . . . . . . . . . . . . . 79 Omission of ss 500 and 501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Amendment of s 502 (Use of set mesh nets in rivers and creeks north of Cape Flattery) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Replacement of s 503 (Use of set mesh nets on foreshores north of Cape Flattery) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Use of set mesh nets in nearshore waters north of Cape Flattery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Replacement of ch 9, pt 4 and ch 9, pt 5, hdg . . . . . . . . . . . . . . . Part 4 Net fishery (east coast no. 3) (‘N4’) Division 1 Definition 508 What is the net fishery (east coast no. 3) . . . . . . . . . . Division 2 Fishery symbol and area 509 Fishery symbol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 Fishery area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Taking fish 511 What fish may be taken . . . . . . . . . . . . . . . . . . . . . . . 512 Permitted ways of taking fish . . . . . . . . . . . . . . . . . . . Division 4 Use of mesh nets 513 Use of nets that are neither fixed nor hauled in Keppel Bay ........................... 514 Use of nets that are neither fixed nor hauled . . . . . . . 515 Use of set mesh nets in Keppel Bay. . . . . . . . . . . . . . 516 Use of set mesh nets in offshore waters . . . . . . . . . . Division 5 Other conditions 517 Use of primary boats . . . . . . . . . . . . . . . . . . . . . . . . . 518 Use of tender boats . . . . . . . . . . . . . . . . . . . . . . . . . . 519 Permitted distance for an assistant fisher to be under direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Marking nets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521 VMS equipment requirements . . . . . . . . . . . . . . . . . . Part 4A Net fishery (east coast no. 4) (‘N10’) 522 What is the net fishery (east coast no. 4) . . . . . . . . . . 50 50 51 52 52 52 52 53 53 53 53 54 54 54 55 55 55 56 56 56 56 57 58 Page 6 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 Contents 523 Fishery symbol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 524 Fishery area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 525 What fish may be taken . . . . . . . . . . . . . . . . . . . . . . . 59 525A Permitted ways of taking fish . . . . . . . . . . . . . . . . . . . 60 525B Use of tunnel nets . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 525C Use of primary boats . . . . . . . . . . . . . . . . . . . . . . . . . 60 525D Use of tender boats . . . . . . . . . . . . . . . . . . . . . . . . . . 60 525E Permitted distance for an assistant fisher to be under direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 525F Marking nets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 5 Net fishery (no. 11) (‘N11’)’. 83 Amendment of s 526 (What is the net fishery (bait no. 1)) . . . . . . 61 84 Amendment of s 527 (Fishery symbol). . . . . . . . . . . . . . . . . . . . . 61 85 Replacement of s 528 (Fishery area) . . . . . . . . . . . . . . . . . . . . . . 61 528 Fishery area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 86 Amendment of s 530 (Permitted ways of taking fish) . . . . . . . . . . 62 87 Replacement of s 533 (Use of mesh or seine nets) . . . . . . . . . . . 62 533 Use of mesh nets in particular offshore and nearshore waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 533A Use of mesh nets in other offshore and nearshore waters ............................... 63 533B Use of mesh nets in rivers and creeks . . . . . . . . . . . . 63 88 Insertion of new s 535A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 535A Marking nets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 89 Omission of ch 9, pt 6 (Net fishery (bait no. 2) (‘N7’)) . . . . . . . . . 64 90 Insertion of new ch 11, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 2A Commercial shark and ray fishery (‘S’) 608A What is the commercial shark and ray fishery . . . . . . 65 608B Fishery symbol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 608C What fish may be taken . . . . . . . . . . . . . . . . . . . . . . . 65 608D Relevant authorisations and conditions for taking fish 65 91 Amendment of s 642B (Prescribed waters—Act, s 14) . . . . . . . . 66 92 Amendment of s 700 (Prescribed entities for delegating power to issue particular permits under Freshwater Plan—Act, s 21) . . 66 93 Replacement of ch 16, pt 2, div 1, hdg. . . . . . . . . . . . . . . . . . . . . 66 94 Amendment of s 715 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 67 95 Amendment of ch 16, pt 2, divs 2–5, hdgs . . . . . . . . . . . . . . . . . . 67 2008 SL No. 448 Page 7
Fisheries Amendment Regulation (No. 5) 2008 Contents 96 Insertion of new ch 16, pt 2, div 2. . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 2 Transitional provisions for the Fisheries Amendment Regulation (No. 5) 2008 Subdivision 1 Movement of fishery symbols from affected licences 728 Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 67 729 Temporary restriction on moving ‘N1’ fishery symbol from affected licence . . . . . . . . . . . . . . . . . . . 68 730 Temporary restriction on moving relevant fishery symbol from affected licence . . . . . . . . . . . . . . . . . . . 68 731 Combined movement of ‘N1’ with relevant fishery symbol not prevented . . . . . . . . . . . . . . . . . . . . . . . . . 68 732 Undecided relevant movement application. . . . . . . . . 69 733 Removal of ‘N1’ fishery symbol from affected licence 69 Subdivision 2 Fees for fishery symbols ‘N5’ and ‘N7’ 734 Fees continue to be payable for ‘N5’ and ‘N7’ fishery symbols for 2008–2009 financial year . . . . . . . . . . . . 69 97 Amendment of sch 1 (Regulated waters) . . . . . . . . . . . . . . . . . . . 70 98 Replacement of sch 2 (Regulated fish declarations) . . . . . . . . . . 123 Schedule 2 Regulated fish declarations 99 Amendment of sch 5 (Glossary of scientific names for particular coral reef fin fish species). . . . . . . . . . . . . . . . . . . . . . . 163 100 Amendment of sch 6 (Glossary of scientific names for particular fish other than regulated coral reef fin fish) . . . . . . . . . 163 101 Amendment of sch 7 (Prescribed reference documents for scientific names for fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 102 Amendment of sch 9 (Other fees) . . . . . . . . . . . . . . . . . . . . . . . . 166 103 Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 167 Page 8 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 1] 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 5) 2008 . 2 Commencement (1) Sections 26 to 30, 40, 92, 98 to 101 and 103(5) (to the extent it inserts the definition interdorsal length ) commence on 1 March 2009. (2) The following provisions commence on 1 July 2009— (a) sections 5 to 25, 32 to 38 and 41 to 91; (b) section 96 (to the extent it inserts section 733 and chapter 16, part 2, division 2, subdivision 2); (c) sections 97 and 102; (d) section 103(1) (to the extent it inserts schedule 11, part 1, sections 4A and 6A); (e) section 103(4) (to the extent it omits the definitions offshore provision and offshore waters ); (f) section 103(5) (to the extent it inserts the definitions general purpose mesh net , nearshore waters , offshore waters , original ocean beach fishery area and set pocket net ). 3 Regulation amended This regulation amends the Fisheries Regulation 2008. 4 Insertion of new s 15A After section 15— insert — ‘15A What is a commercial fishery ‘(1) Generally, a commercial fishery is a fishery provided for under chapters 7 to 10 or a management plan. 2008 SL No. 448 Page 9
Fisheries Amendment Regulation (No. 5) 2008 [s 5] ‘(2) A reference to a commercial fishery includes a reference to the authorisations and conditions stated in a fishery provision about the fishery. ‘(3) A reference to doing a thing in a commercial fishery includes a reference to doing the thing under the authorisations and conditions stated in a fishery provision about the fishery.’. 5 Replacement of s 33 (Regulated waters for div 2) Section 33— omit, insert — ‘33 Regulated waters for div 2 ‘This division applies to the following regulated waters— • Coombabah Lake and Coombabah Creek • Swan Bay • Wolf Rock (grey nurse shark protection area) • Tinana Creek Barrage • Mary River Barrage • Burnett River Barrage • Kolan River Barrage • Fitzroy River Barrage • Keppel Bay (fishing) • Hook Island (fishing) • Yanks Jetty at Orpheus Island • Mission Bay • Centenary Lakes, Cairns • Barron River (fishing) • Bizant River, Princess Charlotte Bay • Torres Strait near Hammond Island • South Mitchell River.’. Page 10 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 6] 6 Replacement of s 51 (Regulated waters for div 5) Section 51— omit, insert — ‘51 Regulated waters for div 5 ‘This division applies to the following regulated waters— • Dumaresq River at Bonshaw Weir • Pike Creek at Glenlyon Dam • Barwon River at Mungindi Weir • Severn River at Queen Mine Waterhole • Quart Pot Creek at Storm King Dam • Balonne River at Beardmore Dam and Jack Taylor Weir • Balonne River at Surat Weir • Macintyre River at Goondiwindi Weir • Macintyre Brook at Coolmunda Dam, Whetstone and Bendor weirs • Sandy Creek at Leslie Dam • Burnett Creek at Maroon Dam • Reynolds Creek at Moogerah Dam • Nerang River at Hinze Dam • Albert River at Luscombe Weir • Logan River at South Maclean and Cedar Grove weirs • Brisbane River at Old Mt Crosby Weir • Brisbane River at Mt Crosby Weir • Brisbane River at Wivenhoe Dam • Condamine River at Chinchilla, Loudon, Lemon Tree, Yarramalong, Cecil Plains and Reilly’s weirs • Dogwood Creek at Gill Weir (formerly Miles Weir) • Stuart River at Gordonbrook Dam • Six Mile Creek at Lake MacDonald 2008 SL No. 448 Page 11
Fisheries Amendment Regulation (No. 5) 2008 [s 7] • Boyne River (Auburn River Basin) at Boondoomba Dam • Dawson River at Glebe Weir • Dawson River at Gyranda Weir • Nogo River at Wuruma Dam • Dawson River at Theodore Weir • Burnett River at Paradise Dam, Claude Wharton, Ned Churchward and Kirar weirs • Three Moon Creek at Cania Dam • Dawson River at Moura Weir • Dawson River at Orange Creek Weir • Dawson River at Neville Hewitt Weir • Nogoa River at Fairbairn Dam • Thomson River at Fairmount Weir • Boyne River (Boyne River Basin) at Awoonga Dam • Fitzroy River at Eden Bann Weir • Fitzroy River at Wattlebank Control Weir • Pioneer River at the Marian, Mirani and Dumbleton weirs • Burdekin River at Clare Weir.’. 7 Amendment of s 62 (Prohibited activities—mud crab) Section 62, ‘(north of Round Hill Creek)’— omit . 8 Replacement of s 87 (Regulated waters for div 2) Section 87— omit, insert — Page 12 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 8] ‘87 Regulated waters for div 2 ‘This division applies to the following regulated waters— • The Broadwater (southern part) and Nerang River • Gold Coast Seaway • The Broadwater (western part) • Currumbin Creek • Currumbin Beach • Tallebudgera Creek (netting) • Coombabah Creek, Oyster Lake and Saltwater Creek • Coomera River • Manly Boat Harbour • Wynnum and Manly • Brisbane River (netting) • Brisbane Airport floodway channel to the Pine River • Sandgate Pier • South Pine River and North Pine River • Currimundi Lake and Currimundi Creek near Caloundra • Mooloolah River (netting) • Maroochy River and ocean foreshores (netting) • South Maroochy River and the North Maroochy River • Weyba Creek • Noosa River and Noosa’s main beach • Lake Como, Kin Kin Creek, the upper Noosa River and Lake Cootharaba • Rainbow Beach • Snapper Creek near Tin Can Bay • Wide Bay Bar • Theodolite Creek 2008 SL No. 448 Page 13
Fisheries Amendment Regulation (No. 5) 2008 [s 8] • Hervey Bay (commercial netting) • Coonarr Creek • Round Hill Creek • Eurimbula Creek • Rodds Harbour (commercial netting) • Calliope River (upstream from Farmers Island) • Fitzroy River (town reach netting) • Cawarral Creek • Causeway Lake, Shoal Bay • Rocky Dam Creek • Louisa Creek • Pioneer River (upstream) • Constant Creek (upstream) • Reliance Creek, west of Eimio • Seaforth Creek • Victor Creek • Proserpine River • Pioneer Bay • Bowen Harbour and Magazine Island • Merinda Creek • Groper Creek, Yellow Gin Creek and the Burdekin River • Burdekin River Anabranch • Plantation Creek and Seaforth Creek • Barramundi Creek • Haughton River and the Short Cut • Townsville Harbour and Cleveland Bay • Rollingstone Creek Page 14 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 8] • Herbert River • Hinchinbrook Channel (fishing apparatus area 2) • Meunga Creek • Murray River • Johnstone River • Russell River, Mulgrave River and Mutchero Inlet • Trinity Inlet • Trinity Bay • Daintree River • Bloomfield River • Annan River • Endeavour River • Mission River, Embley River and Hey River • Pine River Bay • Watson River • Kirke River • Chapman River • Chapman River to Moonkan Creek • Moonkan Creek • Mitchell River • Staaten River • Gilbert River • Bronco’s Creek • Norman River (downstream) • Norman River (upstream) • Bynoe River and Little Bynoe River • Flinders River and Armstrong Creek • Albert River 2008 SL No. 448 Page 15
Fisheries Amendment Regulation (No. 5) 2008 [s 9] • Nicholson River • Gin Arm Creek • Elizabeth River (Mornington Island) • Sandalwood Place River (Mornington Island).’. 9 Amendment of s 89 (Exception for Trinity Bay regulated waters) Section 89(2)(a)— omit, insert — ‘(a) under a licence on which is written the fishery symbol ‘N1’, ‘N2’ or ‘N11’; and’. 10 Amendment of s 90 (Regulated waters and regulated periods for div 3) Section 90, table— omit, insert — ‘Column 1 Column 2 Regulated waters Regulated periods lakes and lagoons south of the northern bank from 6p.m. on Friday to 6p.m. on Sunday of the Endeavour River and east of longitude 142º31'49" east waterways south of Double Island Point from 6p.m. on Friday to 6p.m. on Sunday The Broadwater (central part) the following regulated periods— (a) from 1 August to 31 August; (b) from 1 September to 30 November, at the following times— • Monday to Thursday—from 6a.m. to 6p.m; • from 6a.m. on Friday to 6p.m. on Sunday; (c) from 1 December to the end of February Page 16 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 10] ‘Column 1 Column 2 Regulated waters Regulated periods Tallebudgera Creek to Burleigh (netting) from 1 September to 30 April North Stradbroke Island (northern beaches) from 20 September to 1 April Dunwich from 1 August to 30 April Moreton Bay (including The Broadwater) from 6p.m. on Friday to 6p.m. on Sunday Caloundra (Kings Beach to Shelly Beach) from 1 September to 31 March Noosa River (ocean foreshore) from 1 May to 31 August Fraser Island (Tooloora Creek to Ngkala Rocks) from midday 1 April to midday on 1 September Fraser Island (Hook Point to northern tip) from midday 1 September to midday on 1 April Great Sandy Strait from 1 February to 30 November—from 2p.m. Friday to 2p.m. Sunday; and from 1 December to 31 January—from 6p.m. Friday to 6p.m. Sunday Point Vernon to Cape Manifold from 6p.m. on Friday to 6p.m. on Sunday Wild Cattle Creek from 1 September to 30 April Tannum Sands from 1 September to 30 April Boyne River and part of South Trees Inlet from 1 September to 30 April Port of Gladstone and The Narrows from 6p.m. on Friday to 6p.m. on Sunday Fitzroy River mouth from 6p.m. on Friday to 6p.m. on Sunday St. Lawrence Creek to Endeavour River from 6p.m. on Friday to 6p.m. on Sunday Hinchinbrook Channel (all nets) from 6p.m. on Friday to 6p.m. on Sunday’. 2008 SL No. 448 Page 17
Fisheries Amendment Regulation (No. 5) 2008 [s 11] 11 Amendment of s 96 (Prohibited activities) Section 96, table— omit, insert — ‘Column 1 Column 2 Regulated waters Prohibited commercial fishing nets South of North Stradbroke Island a net that is neither fixed nor hauled of a type mentioned in section 480 or a set mesh net of a type mentioned in section 483 Moreton Bay (area 1) a net that is neither fixed nor hauled of a type mentioned in section 480 or a set mesh net of a type mentioned in section 483 Moreton Island to Double Island Point a net that is neither fixed nor hauled of a type mentioned in section 480 or a set mesh net of a type mentioned in section 483 Hervey Bay (scallop ranching area) a trawl net Fraser Island (rivers and creeks) a general purpose mesh net, of a type, and used in a way, mentioned in section 482(3) or a set mesh net of a type, and used in a way, mentioned in section 499 Pioneer River (downstream) a commercial fishing net other than— (a) a cast net; or (b) a mesh net used as a seine net O’Connell River a commercial fishing net other than— (a) a cast net; or (b) a mesh net used as a seine net Queens Bay a set mesh net of a type mentioned in section 485 or a net that is neither fixed nor hauled of a type mentioned in sections 514 and 516’. 12 Replacement of s 97 (Regulated waters for div 4) Section 97— omit, insert — Page 18 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 12] ‘97 Regulated waters for div 4 ‘This division applies to the following regulated waters— • Bundaberg–Gladstone–Rockhampton (regional waterways) • Middle Head to Norton Point • South Trees Inlet • Calliope River (near mouth) • Waters off Curtis Island • Cattle Point to Cardigan Point • Island Bluff to Charon Point • Little Cape Creek to Shag Creek • South Bluff to Coconut Point • Mackay (regional waterways) • Constant Creek (near mouth) • Burdekin–Townsville–Ingham (regional waterways) • Nobbies Inlet • Burdekin River Anabranch mouth • Sheep Station Creek to Barratta Creek • Victoria Creek • Gentle Annie Creek • Hinchinbrook Channel (set mesh nets) • Macushla Point to Forkey’s Creek (Hinchinbrook Island) • Innisfail (regional waterways) • Thompson Point to Flying Fish Point • Cairns and Port Douglas (regional waterways) • Barron River area (netting) • Mossman River area.’. 2008 SL No. 448 Page 19
Fisheries Amendment Regulation (No. 5) 2008 [s 13] 13 Amendment of s 98 (Prohibited activities and regulated period) (1) Section 98(1)(a) and (b), ‘foreshore net’— omit, insert — ‘nearshore net’. (2) Section 98(3), definition foreshore net — omit, insert — ‘ nearshore net means a set mesh net that may under this regulation or a management plan, be used in nearshore waters to take fish.’. 14 Amendment of s 101 (Exceptions for Wellesley Islands Protected Wildlife Area regulated waters) Section 101(3), ‘from the foreshore’— omit, insert — ‘in nearshore waters’. 15 Amendment of s 103 (Prohibited activities—Hervey Bay–Tin Can Bay (greater dugong protection area) regulated waters) Section 103(2)(c), ‘88mm’— omit, insert — ‘100mm’. 16 Amendement of s 107 (Prohibited activities—Hervey Bay–Tin Can Bay (dugong protection area 4) waters) (1) Section 107(1)— omit, insert — ‘(1) This section applies to the waters of the Mary River upstream of longitude 152º47'30'' east (the western tip of Brothers Islands) (the Hervey Bay–Tin Can Bay (dugong protection area 4) waters ).’. Page 20 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 17] 17 Amendment of s 108 (Prohibited activities—Hervey Bay–Tin Can Bay (dugong protection area 5) waters) (1) Section 108(1)— omit, insert — ‘(1) This section applies to the following waters (the Hervey Bay–Tin Can Bay (dugong protection area 5) waters )— (a) the waters of the Mary River downstream of longitude 152º54'24'' east and south of latitude 25º25'45'' south; (b) the waters of the Burrum River downstream of longitude 152º35'50'' east.’. 18 Amendment of s 109 (Prohibited activities) (1) Section 109(1)— omit, insert — ‘(1) A regulated person must not in the Port Clinton (greater dugong protection area) regulated waters— (a) use a mesh net with a mesh size of more than 115mm; or (b) fix more than 1 part of a mesh net; or (c) use a set mesh net; or (d) use a net that is neither fixed nor hauled.’. (2) Section 109(2)— omit . (3) Section 109(3), ‘subsection (2)’— omit, insert — ‘subsection (1)’. (4) Section 109(3), ‘waters if’— omit, insert — ‘waters only if’. (5) Section 109(3)(a) to (e) renumber as section 109(3)(b) to (f). 2008 SL No. 448 Page 21
Fisheries Amendment Regulation (No. 5) 2008 [s 19] (6) Section 109(3)— insert — ‘(a) each net being used is entirely within the nearshore waters; and’. (7) Section 109(3) and (4)— renumber as section 109(2) and (3). 19 Replacement of ch 2, pt 11, div 5 Chapter 2, part 11, division 5— omit, insert — ‘Division 5 Upstart Bay (greater dugong protection area) regulated waters and included areas ‘111 Prohibited activities—Upstart Bay (greater dugong protection area) regulated waters ‘(1) A regulated person must not in the Upstart Bay (greater dugong protection area) regulated waters— (a) use a mesh net with a mesh size of more than 115mm; or (b) fix more than 1 part of a mesh net; or (c) use a set mesh net; or (d) use a net that is neither fixed nor hauled. ‘(2) Despite subsection (1), a regulated person may— (a) use up to 3 set mesh nets in a river or creek in the regulated waters only if— (i) the nets are not set downstream of a line between the banks of the river or creek; and (ii) each net is no longer than 50m; and (iii) each net has a mesh size of at least 150mm but no more than 215mm; and Page 22 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 19] (iv) each net has a drop of no more than 50 meshes; and (v) the nets are no more than 800m apart; and (vi) a person using the nets is— (A) between the first and the last net; and (B) no more than 800m from any of the nets; or (b) use up to 3 set mesh nets in the nearshore waters in the Upstart Bay (dugong protection area 1) waters only if— (i) each net is no longer than 200m; and (ii) each net being used is entirely within the nearshore waters; and (iii) each net has a mesh size of at least 100mm but no more than 215mm; and (iv) the distance between the first and last net is no more than 1km; and (v) the nets are no more than 800m apart; and (vi) a person using the nets is— (A) between the first and the last net; and (B) no more than 800m from any of the nets. ‘(3) Subsection (4) applies to the waters within the following boundary— • from latitude 19º43'37" south where it intersects the mainland shore • east along latitude 19º43'37" south to 200m seaward from high water mark • south parallel to the mainland shore 200m seaward from high water mark to where it intersects latitude 19º48' south • west along latitude 19º48' south to the mainland shore at high water mark • along the mainland shore to 19º43'37" south. 2008 SL No. 448 Page 23
Fisheries Amendment Regulation (No. 5) 2008 [s 20] ‘(4) Despite subsection (1)(c), a regulated person may use a set mesh net in nearshore waters in the waters.’. 20 Replacement of s 114 (Prohibited activities) Section 114— omit, insert — ‘114 Prohibited activities ‘A regulated person must not in the Hinchinbrook Island (dugong protection area) regulated waters— (a) use a mesh net with a mesh size of more than 115mm; or (b) fix more than 1 part of a mesh net; or (c) use a set mesh net; or (d) use a net that is neither fixed nor hauled.’. 21 Replacement of s 116 (Prohibited activities) Section 116— omit, insert — ‘116 Prohibited activities—using mesh nets generally ‘A regulated person must not in the regulated waters— (a) use a mesh net with a mesh size of more than 115mm; or (b) fix more than 1 part of a mesh net unless the net is— (i) of a type mentioned in section 116A; and (ii) used under that section; or (c) use a net that is neither fixed nor hauled. ‘116A Prohibited activities—using set mesh nets in rivers or creeks ‘A regulated person may use up to 3 set mesh nets in a river or creek in the regulated waters only if— Page 24 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 22] (a) the nets are not set downstream of a line between the banks of the river or creek; and (b) each net is no longer than 50m; and (c) each net has a mesh size of at least 150mm but no more than 215mm; and (d) each net has a drop of no more than 50 meshes; and (e) any person using the nets is— (i) between the first and the last net; and (ii) no more than 800m from any of the nets.’. 22 Replacement of ss 119 and 120 Sections 119 and 120— omit, insert — ‘119 Prohibited activities—using mesh nets generally ‘A regulated person must not in the regulated waters— (a) use a mesh net, other than a set mesh net or a net that is neither fixed nor hauled, that has a mesh size of more than 115mm; or (b) fix more than 1 part of a mesh net unless the net is— (i) of a type mentioned in sections 120, 120A, 121 and 122; and (ii) used under the relevant section; or (c) use a net that is neither fixed nor hauled in nearshore waters; or (d) Subject to section 120, use a set mesh net or a net that is neither fixed nor hauled in offshore waters within 2km of the high water mark. ‘120 Using mesh nets in offshore waters ‘A regulated person may in the regulated waters use a set mesh net or a net that is neither fixed nor hauled in offshore waters within 2km of the high water mark only if— 2008 SL No. 448 Page 25
Fisheries Amendment Regulation (No. 5) 2008 [s 23] (a) the net does not touch the seabed; and (b) the net has attached to it enough floats to ensure the floats remain on the surface of the water; and (c) the net is no longer than 600m; and (d) the net has a mesh size of at least 160mm but no more than 165mm; and (e) the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used. ‘120A Using set mesh nets in nearshore waters ‘A regulated person may in the regulated waters use a set mesh net in nearshore waters only if— (a) each net is no longer than 200m; and (b) each net has a mesh size of at least 100mm but no more than 215mm; and (c) the entire net is in nearshore waters while it is being used; and (d) the distance between the first and last net is no more than 1km; and (e) the nets are no more than 800m apart; and (f) any person using the nets is— (i) between the first and the last net; and (ii) no more than 800m from any of the nets.’. 23 Amendment of s 121 (Using set mesh nets on a headland) (1) Section 121(1)— omit . (2) Section 121, from ‘Despite’ to ‘if’— omit, insert — Page 26 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 24] ‘A regulated person may use up to 3 set mesh nets on a headland in the regulated waters only if’. (3) Section 121(f) and (g)— omit . (4) Section 121(h)— renumber as section 121(f). 24 Amendment of s 122 (Using set mesh nets in rivers or creeks) (1) Section 122(1)— omit . (2) Section 122, from ‘Despite’ to ‘if’— omit, insert — ‘A regulated person may use up to 3 set mesh nets in a river or creek in the regulated waters only if’. 25 Omission of s 123 (Using a mesh, ring or seine net) Section 123— omit . 26 Amendment of s 141 (Particular activities involving regulated fish are prohibited activities) Section 141(3), example— omit, insert — ‘ Example — Under schedule 2, part 2, taking silver perch is stated to be a prohibited activity if the fish are taken from waters of the Paroo River Basin or Warrego River Basin, other than waters on privately owned land that are not part of a waterway. ’. 2008 SL No. 448 Page 27
Fisheries Amendment Regulation (No. 5) 2008 [s 27] 27 Amendment of s 143 (Regulated fish declarations may apply differently) Section 143(1), example— omit, insert — ‘ Example — Under schedule 2, part 2, a person is prohibited from taking a grey mackerel less than 60cm. Also, a recreational fisher is prohibited from taking more than 5 of the fish.’. 28 Amendment of s 157 (Fin fish) (1) Section 157, heading— omit, insert — ‘157 Fin fish (general provisions)’. (2) Section 157(1)(a)— omit, insert — ‘(a) for a flathead, shark or ray—the distance along a straight horizontal line along the centre of the fish’s underside from the foremost point of the fish to the end of its tail; or’. 29 Insertion of new s 157A After section 157— insert — ‘157A Fin fish (interdorsal length for shark or ray) ‘(1) The interdorsal length for a shark or ray must be decided by measuring the distance along a straight line between— (a) the point where the posterior edge of the first dorsal fin is, or was, attached to the body; and (b) the point where the posterior edge of the second dorsal fin is, or was, attached to the body. Page 28 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 30] ‘(2) The following figure is an example of the operation of subsection (1) in diagrammatic form— The distance between the 2 vertical dotted lines is the distance to be measured to decide the interdorsal length for a shark or ray. 30 Replacement of ss 192 and 193 Sections 192 and 193— omit, insert — ‘192 Using shell dredges ‘A recreational fisher may use a shell dredge only for taking a mollusc other than a green snail, oyster, pearl oyster, scallop or trochus. ‘193 Using seine nets ‘A recreational fisher may use a seine net.’. 2008 SL No. 448 Page 29
Fisheries Amendment Regulation (No. 5) 2008 [s 31] 31 Replacement of s 197 (Taking fish using fishing apparatus) Section 197— omit, insert — ‘197 Taking fish using fishing apparatus ‘(1) This section applies to a person using fishing apparatus for— (a) taking regulated fish unintentionally; or (b) taking other fish the person does not intend to keep. ‘(2) The person must immediately release the fish into water deep enough to allow the fish to escape. ‘(3) The person must not allow a part of the apparatus containing a regulated fish to be out of the water other than to immediately remove the fish from the apparatus. ‘(4) Subsections (2) and (3) do not apply if the person has a reasonable excuse.’. 32 Amendment of s 247 (General conditions of a commercial fishing boat licence) (1) Section 247(3), (4) and (5), ‘‘N6’’— omit, insert — ‘‘N11’’. (2) Section 247(7)— omit, insert — ‘(7) In this section— ‘N11’ fish means fish that may, under the ‘N11’ fishery provisions, be taken in the ‘N11’ fishery. ‘N11’ fishery means any of the fisheries described in chapter 9, part 5 and the Gulf Plan, section 37. ‘N11’ fishery provisions means chapter 9, part 5 and the Gulf Plan, part 5, division 4.’. Page 30 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 33] 33 Amendment of s 250 (Particular fishery symbols included in particular management plans) (1) Section 250(5)(b), ‘symbols ‘N6’ and ‘N7’ are’— omit, insert — ‘symbol ‘N11’ is’. (2) Section 250(5), note— omit, insert — ‘ Note — Chapter 9, part 5 also provides for the fishery symbol ‘N11’.’. 34 Amendment of s 265 (Taking particular fish) Section 265, ‘area’— omit . 35 Amendment of s 266 (Using fishing apparatus) (1) Section 266, ‘area’— omit . (2) Section 266, at the end of subsection (5)— insert — ‘Example for subsection (4) — In the net fishery (east coast no.1), a net that is neither fixed nor hauled may be used in offshore waters and a general purpose mesh net may be used in nearshore waters. The number of the nets is not stated, so (if all other relevant licence conditions are satisfied), a person acting under the licence is authorised, at any one time, to use either, 1 net that is neither fixed nor hauled in the offshore waters, or 1 general purpose mesh net in the nearshore waters. The person, however, can not use both of the nets at the same time or more than 1 of each of the nets.’. 36 Amendment of s 267 (Taking fish in a particular way) Section 267, ‘area’— omit . 2008 SL No. 448 Page 31
Fisheries Amendment Regulation (No. 5) 2008 [s 37] 37 Amendment of s 268 (Taking fish during a fishery period) (1) Section 268(1), ‘a fishery area’— omit, insert — ‘the fishery’. (2) Section 268(2), ‘area’— omit . 38 Insertion of new s 271A Chapter 6, part 6— insert — ‘271A Condition of licence if fishery symbol identifies more than 1 fishery ‘(1) This section applies to a commercial fishing boat licence if more than 1 commercial fishery is identified by a fishery symbol on the licence. ‘(2) A person acting under the licence must not take fish or use fishing apparatus in more than 1 of the fisheries at the same time. Example — The fishery symbol ‘N4’ is written on a licence authorising use of a net in offshore waters in the net fishery (east coast no. 3) and use of a net in nearshore waters in the net fishery (east coast no. 1). A person acting under the licence must not use the nets in the fisheries at the same time.’. 39 Amendment of s 317 (Use of primary boats) Section 317, ‘used under the licence’— omit . 40 Amendment of s 412 (What fish may be taken) (1) Section 412(c)— omit, insert — ‘(c) blue threadfin (blue salmon);’. Page 32 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 41] (2) Section 412(e)— omit, insert — ‘(e) king threadfin (king salmon);’. (3) Section 412(g)— omit . 41 Replacement of ch 9, pt 1, hdg, div 1, hdg and s 435 Chapter 9, part 1, heading, division 1, heading and section 435— omit, insert — ‘Part 1 General netting and ocean beach fisheries (‘K1’ to ‘K8’) ‘Division 1 Net fishery (general netting and ocean beach—area 1) (‘K1’) ‘435 What is the net fishery (general netting and ocean beach—area 1) ‘The net fishery (general netting and ocean beach—area 1) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 437 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 42 Amendment of s 437 (Fishery area) Section 437, after ‘The fishery area’— insert — ‘under section 435(a)’. 2008 SL No. 448 Page 33
Fisheries Amendment Regulation (No. 5) 2008 [s 43] 43 Replacement of ch 9, pt 1, div 2, hdg and s 438 Chapter 9, part 1, division 2, heading and section 438— omit, insert — ‘Division 2 Net fishery (general netting and ocean beach—area 2) (‘K2’) ‘438 What is the net fishery (general netting and ocean beach—area 2) ‘The net fishery (general netting and ocean beach—area 2) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 440 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 44 Amendment of s 440 (Fishery area) Section 440, after ‘The fishery area’— insert — ‘under section 438(a)’. 45 Replacement of ch 9, pt 1, div 3, hdg and s 441 Chapter 9, part 1, division 3, heading and section 441— omit, insert — ‘Division 3 Net fishery (general netting and ocean beach—area 3) (‘K3’) Page 34 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 46] ‘441 What is the net fishery (general netting and ocean beach—area 3) ‘The net fishery (general netting and ocean beach—area 3) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 443 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 46 Amendment of s 443 (Fishery area) Section 443, after ‘The fishery area’— insert — ‘under section 441(a)’. 47 Replacement of ch 9, pt 1, div 4, hdg and s 444 Chapter 9, part 1, division 4, heading and section 444— omit, insert — ‘Division 4 Net fishery (general netting and ocean beach—area 4) (‘K4’) ‘444 What is the net fishery (general netting and ocean beach—area 4) ‘The net fishery (general netting and ocean beach—area 4) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 446 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 2008 SL No. 448 Page 35
Fisheries Amendment Regulation (No. 5) 2008 [s 48] 48 Amendment of s 446 (Fishery area) Section 446, after ‘The fishery area’— insert — ‘under section 444(a)’. 49 Replacement of ch 9, pt 1, div 5, hdg and s 447 Chapter 9, part 1, division 5, heading and section 447— omit, insert — ‘Division 5 Net fishery (general netting and ocean beach—area 5) (‘K5’) ‘447 What is the net fishery (general netting and ocean beach—area 5) ‘The net fishery (general netting and ocean beach—area 5) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 449 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 50 Amendment of s 449 (Fishery area) (1) Section 449, after ‘The fishery area’— insert — ‘under section 447(a)’. (2) Section 449, second dot point— omit, insert — • ‘along Bribie Island’s western, southern and eastern shores to latitude 26º49.5' south where it intersects the eastern shore of Bribie Island.’. Page 36 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 51] 51 Replacement of ch 9, pt 1, div 6, hdg and s 450 Chapter 9, part 1, division 6, heading and section 450— omit, insert — ‘Division 6 Net fishery (general netting and ocean beach—area 6) (‘K6’) ‘450 What is the net fishery (general netting and ocean beach—area 6) ‘The net fishery (general netting and ocean beach—area 6) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 452 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 52 Amendment of s 452 (Fishery area) (1) Section 452, after ‘The fishery area’— insert — ‘under section 450(a)’. (2) Section 452, first dot point— omit, insert — • ‘from latitude 26º48.38' south, longitude 153º08.36' east (the groyne at the southern end of Kings Beach)’. 53 Replacement of ch 9, pt 1, div 7, hdg and s 453 Chapter 9, part 1, division 7, heading and section 453— omit, insert — ‘Division 7 Net fishery (general netting and ocean beach—area 7) (‘K7’) 2008 SL No. 448 Page 37
Fisheries Amendment Regulation (No. 5) 2008 [s 54] ‘453 What is the net fishery (general netting and ocean beach—area 7) ‘The net fishery (general netting and ocean beach—area 7) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 455 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 54 Amendment of s 455 (Fishery area) Section 455, after ‘The fishery area’— insert — ‘under section 453(a)’. 55 Replacement of ch 9, pt 1, div 8, hdg and s 456 Chapter 9, part 1, division 8, heading and section 456— omit, insert — ‘Division 8 Net fishery (general netting and ocean beach—area 8) (‘K8’) ‘456 What is the net fishery (general netting and ocean beach—area 8) ‘The net fishery (general netting and ocean beach—area 8) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 458 under the authorisations and conditions stated in division 9; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. Page 38 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 56] 56 Amendment of s 458 (Fishery area) Section 458, after ‘The fishery area’— insert — ‘under section 456(a)’. 57 Replacement of s 459 (Application of div 9) Section 459— omit, insert — ‘459 Application of div 9 ‘(1) This division applies to a licence under which fish may be taken in a commercial fishery under part 1. ‘(2) However, if fish are taken under part 2, the authorisations and conditions under part 2 apply to the licence instead of this division.’. 58 Amendment of s 464 (Use of seine nets in the fishery area) (1) Section 464, heading, ‘the fishery area’— omit, insert— ‘ original fishery area ’. (2) Section 464, ‘a fishery area’— omit, insert— ‘an original ocean beach fishery area’. 59 Replacement of ch 9, pt 2, hdg (Net fishery (east coast no. 1) (‘N1) Chapter 9, part 2, heading— omit, insert — 2008 SL No. 448 Page 39
Fisheries Amendment Regulation (No. 5) 2008 [s 60] ‘Part 2 Net fishery (east coast no. 1) (‘K1’–‘K8’, ‘N1’, ‘N2’, ‘N4’, ‘N10’)’. 60 Amendment of s 468 (What is the net fishery (east coast no. 1) ) Section 468, at the end— insert — ‘Note — The fishery area and authorisations and conditions are also applied under the following commercial fisheries— • the general netting and ocean beach fisheries under sections 435, 438, 441, 444, 447, 450, 453 and 456 • the net fishery east coast (no. 2) under section 493 • the net fishery east coast (no. 3) under section 508 • the net fishery east coast (no. 4) under section 522.’. 61 Replacement of ch 9, pt 2, div 2 (Fishery symbol and area) Chapter 9, part 2, division 2— omit, insert — ‘Division 2 Fishery symbols and area ‘469 Fishery symbols ‘The fishery symbols for the fishery are ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N1’, ‘N2’, ‘N4’ or ‘N10’. ‘470 Fishery area ‘The fishery area consists of all tidal waters east of longitude 142º31'49'' east, other than tidal waters of waterways that flow to the sea west of longitude 142º31'49'' east.’. Page 40 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 62] 62 Replacement of s 472 (Permitted ways of taking fish) Section 472— omit, insert — ‘472 Permitted ways of taking fish ‘(1) Fish may be taken only by using— (a) mesh nets in the way stated in divisions 4, 5 and 7; or (b) set pocket nets in the way stated in division 6. ‘(2) Unless otherwise stated in this part , a net that is neither fixed nor hauled must not be used, and a set mesh net must not be set— (a) in a marked navigation channel; or (b) within— (i) 400m of a jetty or wharf; or (ii) 100m of another net that is being used. ‘(3) Only 1 net may be used at a time to take fish. ‘(4) Despite subsection (3), a single net may be split into 2 or more pieces after the fish are taken, to remove the fish from the net. ‘(5) Only 1 part of a general purpose mesh net may be fixed while it is being used in offshore waters. ‘(6) One end of a mesh net may be fixed temporarily while shooting or hauling the net. ‘(7) Unless otherwise stated in this part, a person using a mesh net must remain on a boat floating on the water within 100m of the net unless the person is setting or retrieving the net. 63 Amendment of s 473 (Use of seine nets in Lake Weyba) Section 473, heading, after ‘nets’— insert — ‘ to take prawns ’. 2008 SL No. 448 Page 41
Fisheries Amendment Regulation (No. 5) 2008 [s 64] 64 Amendment of s 474 (Use of mesh nets in Lakes Cootharaba, Cooroibah and Weyba) (1) Section 474, ‘ring’— omit, insert — ‘mesh’. (2) Section 474, after ‘50mm’— insert — ‘but no more than 175mm’. 65 Amendment of s 475 (Use of seine nets north of the Mary River) Section 475, heading, after ‘nets’— insert — ‘ to take prawns ’. 66 Replacement of ss 476–478 Sections 476 to 478— omit, insert — ‘476 Use of general purpose mesh nets south of Baffle Creek ‘(1) This section applies for using a general purpose mesh net in waters south of the northern bank of Baffle Creek. ‘(2) A general purpose mesh net may be used in the waters only if the net— (a) is no longer than 800m; and (b) has a mesh size of at least 50mm (other than in a back net), but no more than 165mm. ‘(3) A back net may be used with a general purpose mesh net if it has a mesh size of no less than 25mm and no more than 50mm. Page 42 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 67] ‘(4) Despite subsection (2), a general purpose mesh net must not be used in an original ocean beach fishery area from 1 April to 31 August. ‘477 Use of general purpose mesh nets north of Baffle Creek ‘(1) This section applies for using a general purpose mesh net in waters north of the northern bank of Baffle Creek. ‘(2) A general purpose mesh net may be used in the waters only if the net— (a) is no longer than 400m; and (b) has a mesh size of at least 50mm but no more than 165mm. ‘(3) From midday on 1 November to midday on 1 February a general purpose mesh net may be used in a waterway or in nearshore waters only if it has a mesh size of at least 50mm but no more than 115mm.’. 67 Amendment of s 479 (Use of mesh nets in offshore waters of Keppel Bay) (1) Section 479, heading, ‘mesh nets’— omit, insert — ‘ nets that are neither fixed nor hauled ’. (2) Section 479(b)— omit, insert — ‘(b) has a mesh size of at least 160mm but no more than 165mm.’. 68 Replacement of ss 480 and 481 and ch 9, pt 2, div 5 Sections 480 and 481 and chapter 9, part 2, division 5— omit, insert — 2008 SL No. 448 Page 43
Fisheries Amendment Regulation (No. 5) 2008 [s 68] ‘480 Use of nets that are neither fixed nor hauled in offshore waters ‘(1) This section applies for using a net that is neither fixed nor hauled in offshore waters, other than the waters mentioned in section 479. ‘(2) The net may be used in the waters only if the net— (a) is no longer than 600m; and (b) has a mesh size of at least 160mm but no more than 165mm. ‘(3) Despite subsection (2), the net must not be used in— (a) the waters north of Cape Flattery from midday 1 November to midday 1 February; or (b) an original ocean beach fishery area from 1 April to 31 August. ‘481 Use of general purpose mesh nets in nearshore waters ‘Both ends of a general purpose mesh net may be fixed for no more than 2 hours if— (a) the net has a mesh size of at least 50mm but no more than 115mm; and (b) each end of the net remains in nearshore waters or on a foreshore while the net is being used; and (c) the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used. ‘482 Use of general purpose mesh nets in rivers and creeks ‘(1) A general purpose mesh net may be used in rivers and creeks only if the net— (a) has a mesh size of at least 50mm but no more than 165mm; and Page 44 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 68] (b) is no longer than— (i) 400m; or (ii) if the net is a seine net—200m. ‘(2) Both ends of a general purpose mesh net may be fixed for up to 1 hour if— (a) the mesh size of the net is no more than 75mm; and (b) the net is being used in rivers or creeks between Cape Gloucester and the northern bank of St. Lawrence Creek. ‘(3) Both ends of a general purpose mesh net may be fixed if it is being used in a river or creek between the northern bank of Baffle Creek and the southern bank of Kauri Creek. ‘(4) Only 1 end of a general purpose mesh net may be fixed if it is used in a river or creek south of the southern bank of Kauri Creek. ‘(5) No part of a general purpose mesh net may be fixed if it is used in a river or creek north of the northern bank of Baffle Creek, other than a river or creek mentioned in subsection (2)(b). ‘Division 5 Use of set mesh nets in particular areas within the fishery area ‘483 Use of set mesh nets in offshore waters south of Baffle Creek ‘(1) A set mesh net may be used in offshore waters south of the northern bank of Baffle Creek only if the net— (a) is no longer than 600m; and (b) has a mesh size of at least 100mm but no more than 165mm; and (c) the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used. 2008 SL No. 448 Page 45
Fisheries Amendment Regulation (No. 5) 2008 [s 68] ‘(2) Despite subsection (1), the net must not be used in an original ocean beach fishery area from 1 April to 31 August. ‘484 Use of set mesh nets in offshore waters of Keppel Bay ‘A set mesh net may be used in offshore waters of Keppel Bay west of a line from Water Park Point to Cape Capricorn only— (a) if the net— (i) is no longer than 200m; and (ii) has a mesh size of at least 160mm but no more than 165mm; and (b) the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used. ‘485 Use of set mesh nets in offshore waters north of Baffle Creek ‘(1) This section applies for using a set mesh net in offshore waters north of Baffle Creek, other than the waters mentioned in section 484. ‘(2) A set mesh net may be used in the waters only if— (a) the net— (i) is no longer than 600m; and (ii) has a mesh size of at least 160mm but no more than 165mm; and (b) the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used. ‘(3) Despite subsection (2), a set mesh net must not be used in waters north of Cape Flattery from midday 1 November to midday 1 February.’. Page 46 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 69] 69 Amendment of s 487 (Use of set pocket nets in rivers) Section 487(9), definition pocket net — omit . 70 Omission of ch 9, pt 2, div 7 (Use of tunnel nets in particular areas within the fishery area) Chapter 9, part 2, division 7— omit . 71 Renumbering of ch 9, pt 2, div 8 Chapter 9, part 2, division 8— renumber as chapter 9, part 2, division 7. 72 Replacement of s 489 (Use of primary boats) Section 489— omit, insert — ‘489 Use of primary boats ‘(1) A primary boat must not be longer than 14m. ‘(2) Despite subsection (1), section 517 applies if— (a) the fishery symbol ‘N4’ is written on the licence; and (b) a net is being used under section 479, 480, 483 484 or 485.’. 73 Amendment of s 490 (Use of tender boats) Section 490(2) to (4)— omit . 74 Replacement of ss 491 and 492 Sections 491 and 492— omit, insert — 2008 SL No. 448 Page 47
Fisheries Amendment Regulation (No. 5) 2008 [s 74] ‘491 Permitted distance for an assistant fisher to be under direction ‘The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m. ‘492 Marking nets ‘(1) A mesh net must be marked by— (a) light coloured floats no more than 20m apart along its length; and (b) a white float— (i) at least 15cm in all its dimensions; and (ii) with the commercial fisher’s name written on it at one end of the net. ‘(2) A set mesh net or a net that is neither fixed nor hauled used in offshore waters must also be marked by— (a) a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and (b) light coloured floats, each not less than 15cm in all its dimensions, no more than 100m apart along the length of the net. ‘(3) Despite subsections (1)(a) and (2)(b), floats are not required along the length of a set mesh net used in offshore waters deeper than its drop if no part of the net is on the surface at any time. ‘(4) Also, if a set mesh net or a net that is neither fixed nor hauled is used at night, the net must be marked by— (a) if the combined length of the net and equipment used to set it is no more than 50m— (i) a white light, visible at least 400m in all directions from the light, at one end of the net; and (ii) a reflectorised float, at least 15cm in all its dimensions, at the other end of the net; Page 48 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 75] (b) if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction from the light, at both ends of the net.’. 75 Replacement of ch 9, pt 3, hdg and s 493 Chapter 9, part 3, heading and section 493— omit, insert — ‘Part 3 Net fishery (east coast no. 2) (‘N2’) ‘493 What is the net fishery (east coast no. 2) ‘The net fishery (east coast no. 2) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 495 under the authorisations and conditions stated in this part; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2.’. 76 Replacement of s 495 (Fishery area) Section 495— omit, insert — ‘495 Fishery area ‘The fishery area under section 493(a) consists of all tidal waters east of longitude 142º31'49'' east and north of the southern bank of Kauri Creek, other than tidal waters of waterways that flow to the sea west of longitude 142º31'49'' east.’. 77 Replacement of ss 497 and 498 Sections 497 and 498— omit, insert — 2008 SL No. 448 Page 49
Fisheries Amendment Regulation (No. 5) 2008 [s 77] ‘497 Permitted ways of taking fish ‘(1) Fish may only be taken using set mesh nets. ‘(2) Unless otherwise stated in this part, a set mesh net must not be set within 100m of another net that is being used. ‘(3) Despite subsection (2), a person using more than 1 set mesh net, other than in a river or creek, may set the nets within 100m of each other. ‘(4) Unless otherwise stated in this part, a person using the net must not be more than 800m from the net or, if more than one net is set, within 800m of the first or last net or between the nets. ‘497A Use of set mesh nets in nearshore waters between Burnett River and Baffle Creek ‘(1) A set mesh net may be used in nearshore waters between the northern bank of the Burnett River and the northern bank of Baffle Creek only if the net— (a) is no longer than 120m; and (b) has— (i) a mesh size of at least 100mm but no more than 215mm; and (ii) a drop of no more than 50 meshes. ‘(2) A set mesh net must not be used within 200m of a jetty or wharf. ‘(3) A set mesh net must not be used from midday on 1 September to midday on 1 February. ‘498 Use of set mesh nets in nearshore waters between Baffle Creek and Cape Flattery ‘(1) A set mesh net may be used in nearshore waters between the northern bank of Baffle Creek and Cape Flattery. Page 50 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 78] ‘(2) No part of a set mesh net used in nearshore waters around Girt Island may be more than 1km from the shore of Girt Island at low water. ‘(3) A set mesh net used in any nearshore waters in the fishery area must have 1 part of the net in nearshore waters or on a foreshore while the net is being used. ‘(4) A set mesh net must be no longer than 600m and must have a mesh size of at least 100mm but no more than 215mm. ‘(5) However, if a set mesh net is used from midday 1 November to midday 1 February in nearshore waters north of the northern bank of St. Lawrence Creek, the mesh size of the net must not be more than 115mm. ‘(6) A person may set up to 3 set mesh nets if their combined length is no more than 600m and the distance between the first and last net is no more than 1n mile. ‘(7) A set mesh net must not be set within 200m of a jetty, wharf or another net that is being used.’. 78 Amendment of s 499 (Use of set mesh nets in rivers and creeks between Kauri Creek and Cape Flattery) (1) Section 499— insert — ‘(1A) A set mesh net must not be used within 400m of a jetty or wharf.’. (2) Section 499(3), ‘waters’— omit, insert — ‘rivers and creeks’. (3) Section 499— insert — ‘(4) Despite subsection (1)(b)(i), from midday 1 May to midday 31 August, 1 (but no more than 1) of the set mesh nets used under this section may have a mesh size of at least 125mm but no more than 215mm.’. 2008 SL No. 448 Page 51
Fisheries Amendment Regulation (No. 5) 2008 [s 79] (4) Section 499(1A) to (4)— renumber as section 499(2) to (5). 79 Omission of ss 500 and 501 Sections 500 and 501— omit . 80 Amendment of s 502 (Use of set mesh nets in rivers and creeks north of Cape Flattery) (1) Section 502(3)— renumber as section 502(4) . (2) Section 502— insert — ‘(3) A set mesh net must not be used within 400m of a jetty or wharf.’. 81 Replacement of s 503 (Use of set mesh nets on foreshores north of Cape Flattery) Section 503— omit, insert — ‘503 Use of set mesh nets in nearshore waters north of Cape Flattery ‘(1) A set mesh net may be used in nearshore waters north of Cape Flattery only if it is no longer than 600m and has a mesh size of at least 150mm but no more than 215mm. ‘(2) A part of the set mesh net must be in nearshore waters or on a foreshore while the net is being used. ‘(3) No more than 6 mesh nets may be set if their combined length is no more than 600m and the distance between the first and last net is no more than 1n mile. ‘(4) A set mesh net must not be used within 200m of a jetty or wharf. Page 52 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 82] ‘(5) A set mesh net must not be used from midday on 1 November to midday on 1 February.’. 82 Replacement of ch 9, pt 4 and ch 9, pt 5, hdg Chapter 9, part 4 and chapter 9, part 5, heading— omit, insert — ‘Part 4 Net fishery (east coast no. 3) (‘N4’) ‘Division 1 Definition ‘508 What is the net fishery (east coast no. 3) ‘The net fishery (east coast no. 3) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 510 under the authorisations and conditions stated in this part; (b) the fishery area mentioned in section 470 under the authorisations and conditions stated in part 2, other than sections 473, 474, 475 and 487. ‘Division 2 Fishery symbol and area ‘509 Fishery symbol ‘The fishery symbol for the fishery is ‘N4’. ‘510 Fishery area ‘The fishery area under section 508(a) consists of all offshore waters deeper than 20m deep east of longitude 142º31'49'' east and north of latitude 26º south. 2008 SL No. 448 Page 53
Fisheries Amendment Regulation (No. 5) 2008 [s 82] ‘Division 3 Taking fish ‘511 What fish may be taken ‘Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence. Note — See, however, section 208 (Authorisations subject to regulation, management plans and authorities). ‘512 Permitted ways of taking fish ‘(1) Fish may only be taken using set mesh nets or nets that are neither fixed nor hauled. ‘(2) A net mentioned in subsection (1) must have a mesh size of at least 160mm but no more than 165mm. ‘(3) Unless otherwise stated in this part, a net that is neither fixed nor hauled must not be used and a set mesh net must not be set— (a) in a marked navigation channel; or (b) within— (i) 400m of a jetty or wharf; or (ii) 100m of another net that is being used. ‘Division 4 Use of mesh nets ‘513 Use of nets that are neither fixed nor hauled in Keppel Bay ‘A net that is neither fixed nor hauled may be used in Keppel Bay west of a line from Cape Capricorn to Water Park Point only if— (a) the net is no longer than 200m; and Page 54 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 82] (b) the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used. ‘514 Use of nets that are neither fixed nor hauled ‘(1) This section applies for using a net that is neither fixed nor hauled in the fishery area mentioned in section 510, other than the waters mentioned in section 513. ‘(2) A net that is neither fixed nor hauled may be used in the waters only if— (a) the net is no longer than 1200m; and (b) the commercial fisher using the net remains on a boat floating on the water and within 100m of the net while the net is being used. ‘(3) Despite subsection (2), a net that is neither fixed nor hauled must not be used in the waters north of Cape Flattery from midday 1 November to midday 1 February. ‘515 Use of set mesh nets in Keppel Bay ‘A set mesh net may be used in offshore waters of Keppel Bay west of a line from Water Park Point to Cape Capricorn only if— (a) the net is no longer than 200m; and (b) the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used. ‘516 Use of set mesh nets in offshore waters ‘(1) This section applies for using a set mesh net in the fishery area mentioned in section 510, other than the waters mentioned in section 515. ‘(2) A set mesh net may be used in the waters only if— (a) the net is no longer than 1200m; and 2008 SL No. 448 Page 55
Fisheries Amendment Regulation (No. 5) 2008 [s 82] (b) the commercial fisher using the net remains on a boat floating on the water and within 200m of the net while the net is being used. ‘(3) Despite subsection (2), a set mesh net must not be used in the waters north of Cape Flattery from midday 1 November to midday 1 February. ‘Division 5 Other conditions ‘517 Use of primary boats ‘A primary boat must not be longer than 16m. ‘518 Use of tender boats ‘A tender boat must not be used more than 800m from its primary boat. ‘519 Permitted distance for an assistant fisher to be under direction ‘The permitted distance for an assistant fisher to be under direction of a commercial fisher is 800m. ‘520 Marking nets ‘(1) A net must be marked— (a) at one end, by a white float— (i) at least 15cm in all its dimensions; and (ii) with the commercial fisher’s name written on it; and (b) by a pole, with an orange flag on it at least 2m above the water, attached to one end of the net; and (c) by light coloured floats no more than 20m apart along its length; and Page 56 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 82] (d) by surface floats no more than 100m apart along its length each of which is at least 15cm in all its dimensions. ‘(2) Despite subsection (1)(c) and (d), surface floats are not required along the length of a set mesh net that is used in offshore waters deeper than its drop if no part of the net is on the surface at any time. ‘(3) Also if a net is used at night it must be marked by— (a) if the combined length of the net and equipment used to set it is no more than 50m— (i) a white light, visible at least 400m in all directions from the light, at one end of the net; and (ii) a reflectorised float, at least 15cm in all its dimensions, at the other end of the net; or (b) if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction from the light, at both ends of the net. ‘521 VMS equipment requirements ‘(1) A licence holder or person in control of a boat identified in the licence must ensure that VMS equipment is installed, maintained and used on the boat in compliance with the VMS equipment requirements. Editor’s Note — See chapter 14, part 7 (VMS equipment requirements). ‘(2) If the VMS equipment malfunctions, the licence holder or person in control of the boat must, as well as complying with the VMS equipment requirements, also ensure that fishing apparatus is not used from the boat until the malfunction is rectified. 2008 SL No. 448 Page 57
Fisheries Amendment Regulation (No. 5) 2008 [s 82] ‘Part 4A Net fishery (east coast no. 4) (‘N10’) ‘522 What is the net fishery (east coast no. 4) ‘The net fishery (east coast no. 4) is activities by way of fishing in only 1 of the following at any one time— (a) the fishery area mentioned in section 524, under the authorisations and conditions stated in this part; (b) the fishery area mentioned in section 470, under the authorisations and conditions stated in part 2. ‘523 Fishery symbol ‘The fishery symbol for the fishery is ‘N10’. ‘524 Fishery area ‘The fishery area under section 522(a) consists of foreshore waters, other than foreshore waters of a river or creek in the following areas— (a) foreshores of Moreton Bay on the mainland between F ↑ B signs at each of the following places— • Little Rocky Point and about 800m south of Point Talburpin • about 800m either side of Moogurrapum Creek, Redland Bay • Point Halloran and about 700m south of Oyster Point • about 800m south of the southern bank of Hilliards Creek and about 1km south of Wellington Point • the eastern shore of Fisherman Island and about 800m north of Wynnum Creek (including the Boat Passage foreshore but not the Brisbane River foreshore) Page 58 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 82] • Juno Point and the northern bank of Serpentine Creek • the western end of Sunnyside Road, Scarborough and about 100m south of the seaward end of Seaview Parade, Deception Bay • the boat ramp at the department’s Fisheries Research Laboratory at Deception Bay and the southern bank of the Caboolture River; (b) foreshores of Moreton Bay island, other than the western foreshore of Cassim Island and the southern foreshore of King Island, north of the following lines— • from Little Rocky Point • to the southern tip of Russell Island • to the nearest point on the western shore of North Stradbroke Island; (c) Tin Can Inlet, Pelican Bay and Tin Can Bay between the following lines— • a line from the northern bank of Snapper Creek to the southern bank of Carlo Creek • a line from the southern bank of Kauri Creek to Inskip Point; (d) Great Sandy Strait and Wide Bay Harbour between the following lines— • a line from the northern bank of Kauri Creek to Hook Point • a line from the northern bank of Pulgul Creek (also known as Arangarandin Creek) to the southern tip of Big Woody Island, and then to McKenzie’s Jetty, Fraser Island. ‘525 What fish may be taken ‘Any fish, other than barramundi or regulated coral reef fin fish, may be taken under the licence. 2008 SL No. 448 Page 59
Fisheries Amendment Regulation (No. 5) 2008 [s 82] Note — See, however, section 208 (Authorisations subject to regulation, management plans and authorities). ‘525A Permitted ways of taking fish ‘Fish may only be taken by using tunnel nets. ‘525B Use of tunnel nets ‘(1) A tunnel net must not be longer than 1700m, excluding its tunnel length. ‘(2) A tunnel net must have— (a) a tunnel length of no more than 200m; and (b) a tunnel entrance width of between 1.5m and 4m; and (c) a mesh size of— (i) for the tunnel—no more than 50mm; and (ii) for the part of the net within 400m adjacent to each side of the tunnel—at least 25mm; and (iii) for the rest of the net—at least 44mm; and ‘(3) The tunnel of a tunnel net must— (a) extend out to sea beyond low water for at least 30m in water at least 30cm deep; and (b) be in place before the rest of the net is deployed. ‘525C Use of primary boats ‘A primary boat must not be longer than 14m. ‘525D Use of tender boats ‘A tender boat must not be used more than 1700m from its primary boat. Page 60 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 83] ‘525E Permitted distance for an assistant fisher to be under direction ‘The permitted distance for an assistant fisher to be under direction of a commercial fisher is 1700m. ‘525F Marking nets ‘A tunnel net set at night must be marked by a white light— (a) at both ends of the net and at the end of the tunnel farthest from the shore; and (b) visible at least 400m in all directions from the light.’. ‘Part 5 Net fishery (no. 11) (‘N11’)’. 83 Amendment of s 526 (What is the net fishery (bait no. 1) ) (1) Section 526, heading, ‘(bait no. 1)’— omit, insert — ‘ (no. 11) ’. (2) Section 526, ‘(bait no. 1)’— omit, insert — ‘ (no. 11) ’. 84 Amendment of s 527 (Fishery symbol) Section 527, ‘‘N6’’— omit, insert — ‘‘N11’’. 85 Replacement of s 528 (Fishery area) Section 528— 2008 SL No. 448 Page 61
Fisheries Amendment Regulation (No. 5) 2008 [s 86] omit, insert — ‘528 Fishery area ‘The fishery area consists of tidal waters east of longitude 142º31'49'' east, excluding waterways that flow to the sea west of longitude 142º31'49'' east.’. 86 Amendment of s 530 (Permitted ways of taking fish) (1) Section 530(1), ‘cast, mesh or seine’— omit, insert — ‘cast or mesh’. (2) Section 530(4)— omit, insert — ‘(4) Despite subsection (3), both ends of a net may be fixed for no more than 2 hours if each end is in nearshore waters.’. 87 Replacement of s 533 (Use of mesh or seine nets) Section 533— omit, insert — ‘533 Use of mesh nets in particular offshore and nearshore waters ‘(1) A mesh net may be used in the following offshore and nearshore waters only if the net is no longer than 400m and has a mesh size of at least 12mm but no more than 45mm— (a) waters east of longitude 142º31'49'' east and north of the northern bank of Baffle Creek; (b) Moreton Bay (whole) waters; (c) the waters of Hervey Bay, Great Sandy Strait, Wide Bay Harbour, Pelican Bay, Tin Can Bay and Tin Can Inlet between the following lines— • a line from the southern bank of Theodolite Creek to Arch Cliff, Fraser Island Page 62 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 88] • a line from the eastern tip of Inskip Point to Hook Point, Fraser Island. ‘(2) A back net may be used with a mesh net in nearshore waters south of the northern bank of Baffle Creek. ‘533A Use of mesh nets in other offshore and nearshore waters ‘(1) This section applies for using a mesh net in offshore and nearshore waters south of the northern bank of Baffle Creek, other than the waters mentioned in sections 533(1)(b) or (c). ‘(2) The net may be used in the waters only if the net is— (a) no longer than 600m; and (b) has a mesh size of at least 12mm but no more than 45mm. ‘(3) A mesh net may be used in an original ocean beach fishery area from 1 April to 31 August only if the net is— (a) no longer than 200m; and (b) has a mesh size of at least 12mm but no more than 25mm. ‘(4) A back net may be used with a mesh net in nearshore waters. ‘533B Use of mesh nets in rivers and creeks ‘A mesh net may be used in a river or creek only if the net is— (a) no longer than 200m; and (b) has a mesh size of at least 25mm but no more than 45mm.’. 88 Insertion of new s 535A Chapter 9, part 5— insert — 2008 SL No. 448 Page 63
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish lesser salmon catfish long-finned eel long-nosed emperor Lorentz’s grunter luderick N more than 20 S less than 30cm S less than 38cm N more than 20 N more than 10 lungfish mahi mahi (dolphin-fish) mangrove jack S less than 30cm N more than 5 S less than 60cm N more than 5 S less than 35cm a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a recreational fisher taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a recreational fisher taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish Page 140 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish mantis shrimp Maori cod Marjorie’s hardyhead 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish V more than 0.0153m 3 V more than 15L S less than 45cm N more than 20 a person taking or possessing the fish if— (a) the fish has been taken under a licence on which is written the fishery symbol ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’; and (b) the fish has been taken in the Moreton Bay (whole) waters or waterways adjoining the waters; and (c) the fish is frozen a person taking or possessing the fish if— (a) the fish has been taken under a licence on which is written the fishery symbol ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’; and (b) the fish has been taken in the Moreton Bay (whole) waters or waterways adjoining the waters; and (c) the fish is not frozen a person taking or possessing the fish a person taking or possessing the fish 2008 SL No. 448 Page 141
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish Mary River cod Midgley’s carp gudgeon 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish N more than 20 1 a person taking the fish unless— (a) the person is a recreational fisher and takes only 1 of the fish in waters upstream of the following dams— • Bill Gunn • Cressbrook • Hinze • Lake Clarendon • Maroon • Moogerah • North Pine • Somerset • Wivenhoe; and (b) the fish is more than 50cm 2 a person possessing the fish unless the fish is taken under item 1(a) and complies with item 1(b) a person taking or possessing the fish Page 142 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish mud crab F the crab with its a person possessing the fish carapace separated from the body N more than 10 a recreational fisher taking or possessing the fish G female mud crab a person taking or possessing the fish S carapace less than 15cm if the carapace is not damaged a person taking or possessing the fish S body less than 4.6cm if the carapace is damaged a person taking or possessing the fish Mueller’s perchlet N more than 20 a person taking or possessing the fish Mulgrave goby N more than 20 a person taking or possessing the fish mulloway N more than 2 a recreational fisher taking or possessing the fish S less than 75cm a person taking or possessing the fish Murray cod N more than 2 a person taking or possessing the fish in the waters of the Murray–Darling Drainage Division S less than 60cm or more than 110cm a person— (a) taking the fish in the waters of the Murray–Darling Drainage Division; or (b) possessing the fish taken in the waters mentioned in paragraph (a) narrow sawfish a person taking or possessing the fish 2008 SL No. 448 Page 143
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish northern bluefin tuna a person taking or possessing the fish for trade or commerce northern saratoga a person taking or possessing the fish if the person is in possession of a southern saratoga N more than 1 a person taking or possessing the fish if the prohibition on taking the fish under the regulated fish declaration above does not apply S less than 50cm a person taking or possessing the fish northern whiting S less than 23cm a person taking or possessing the fish Obbes’ catfish N more than 20 a person taking or possessing the fish octopus V more than 0.0612m 3 (see also note 3) for each continuous period of fishing of 7 days, or part of 7 days—a person possessing the fish if— (a) the fish has been taken under a licence on which is written the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’; and (b) the fish is frozen V more than 66L (see also note 3) for each continuous period of fishing of 7 days, or part of 7 days—a person possessing the fish if— (a) the fish has been taken under a licence on which is written the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’; and (b) the fish is not frozen ornate rainbowfish N more than 20 a person taking or possessing the fish Page 144 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish oyster Pacific blue-eye paddletail painted crayfish a species of regulated parrotfish pearl perch 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish a person taking or possessing the oyster unless— (a) the person eats the oyster where the person took it; or (b) the oyster has been grown under an authority or a development approval for prescribed aquaculture development; or (c) the person takes the oyster for trade or commerce under a licence on which is written the fishery symbol ‘O’; or (d) possesses the oyster taken under paragraph (c) N more than 20 a person taking or possessing the fish a person taking or possessing the fish S carapace less than a person taking or possessing the fish 90mm and tail less than 115mm N more than 5 a recreational fisher taking or possessing (see also note 2) the fish S less than 25cm a person taking or possessing the fish, unless the person— (a) takes the fish for trade or commerce under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; or (b) possesses the fish taken under paragraph (a) N more than 5 a recreational fisher taking or possessing (see also note 1) the fish S less than 35cm a person taking or possessing the fish 2008 SL No. 448 Page 145
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish penny fish pikey bream pipefish poreless gudgeon potato cod prawn purple spotted gudgeon Queensland grouper N more than 20 S less than 23cm S less than 25cm N more than 50 N more than 20 V more than 10L F prawns with the head or other part removed N more than 20 a person taking or possessing the fish a person taking the fish before 1 March 2010 or possessing the fish taken before that day a person taking the fish on or after 1 March 2010 or possessing the fish taken on or after that day a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a recreational fisher taking or possessing the fish a recreational fisher possessing the fish a person taking or possessing the fish a person taking or possessing the fish Page 146 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish ray a recreational fisher taking or possessing the fish if the person is in possession of a shark N more than 1 a recreational fisher taking or possessing the fish if the prohibition on taking the fish under the regulated fish declaration above does not apply F the fish divided into portions in a way that does not allow an inspector to count the number of the fish reasonably easily a person possessing the fish on a boat F the fish if its tail or a person taking the fish in waters east of any of its fins are longitude 142º31'49'' east on or after 1 removed and kept July 2009 or possessing the fish taken in separately from the waters on or after that day, unless the the body fisher is acting under a commercial fishing boat licence on which is written the fishery symbol ‘S’ S less than 150cm or a person taking or possessing the fish interdorsal length less than 60cm red bass a person taking or possessing the fish redbreasted Maori S less than 25cm wrasse a person taking or possessing the fish, unless the person— (a) takes the fish for trade or commerce under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; or (b) possesses the fish taken under paragraph (a) 2008 SL No. 448 Page 147
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish redclaw crayfish G a female carrying eggs or young a person taking the fish in the following waters ( redclaw crayfish waters ) or possessing the fish taken in the waters— (a) the Gulf of Carpentaria Drainage Division; or (b) waters within the following river basins in the East Coast Drainage Division— • Hann (with the reference number 1050 under schedule 8 of the Freshwater Plan) • Jacky Jacky • Lockhart • Normanby • Olive • Pascoe • Stewart N more than 40 a person taking or possessing the fish in redclaw crayfish waters red emperor S less than 55cm a person taking or possessing the fish red spot crab (three G egg bearing female a person taking or possessing the fish spot crab) S less than 10cm a person taking or possessing the fish Rendahl’s catfish N more than 20 a person taking or possessing the fish reticulated perchlet N more than 20 a person taking or possessing the fish river blackfish a person taking or possessing the fish roman nose goby N more than 20 a person taking or possessing the fish saddletail seaperch S less than 40cm (large mouth nannygai) a person taking or possessing the fish Page 148 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish sailfin perchlet samsonfish sand whiting saucer scallop scaleless goby school mackerel sea mullet 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish N more than 20 a person taking or possessing the fish S less than 75cm a person taking or possessing the fish S less than 23cm a person taking or possessing the fish N more than the S ptherrecsehnotladge of 7% of fish less than 9cm a person taking, possessing or selling the fish from 8a.m. on 1 January to 8a.m. on 1 May N more than the S ptherrecsehnotladge of 10% of fish less than 9.5cm a person taking, possessing or selling the fish from 8a.m. on 1 May to 8a.m. on 1 January N more than 20 a person taking or possessing the fish N more than 10 a recreational fisher taking or possessing the fish S less than 50cm a person taking or possessing the fish N more than 20 a recreational fisher taking or possessing the fish S less than 30cm a person taking or possessing the fish 2008 SL No. 448 Page 149
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish shark, other than great white shark, grey nurse shark of the species Odontaspis ferox , grey reef shark, speartooth shark or white-tip reef shark N more than 1 F the fish divided into portions in a way that does not allow an inspector to count the number of the fish reasonably easily a recreational fisher taking or possessing the fish if the person is in possession of a ray a recreational fisher taking or possessing the fish if the prohibition on taking the fish under the regulated fish declaration above does not apply a person possessing the fish on a boat F the fish if its tail or a person taking the fish in waters east of any of its fins are longitude 142º31'49'' east on or after 1 removed and kept July 2009 or possessing the fish taken in separately from the waters on or after that day, unless the the body fisher is acting under a commercial fishing boat licence on which is written the fishery symbol ‘S’ S less than 150cm or a person taking the fish on or after 1 July interdorsal length 2009 or possessing the fish taken on or less than 60cm after that day, unless the person is acting under a commercial fishing boat licence on which is written— (a) the fishery symbol ‘S’; and (b) the fishery symbol ‘N1’, ‘N2’, ‘N3’, ‘N4’, ‘N9’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ shark mackerel N more than 10 a recreational fisher taking or possessing the fish S less than 50cm a person taking or possessing the fish short-finned eel S less than 30cm a person taking or possessing the fish Page 150 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish shovel nosed catfish silver javelin (small spotted grunter) silver perch silver tandan sleepy cod slipper lobster small headed grunter smelt 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish N more than 20 a person taking or possessing the fish N more than 10 a recreational fisher taking or possessing the fish S less than 30cm a person taking or possessing the fish a person— (a) taking the fish in the waters of the Paroo River Basin or Warrego River Basin, other than waters on privately owned land that are not part of a waterway; or (b) or possessing the fish taken under paragraph (a) S less than 30cm a person taking or possessing the fish N more than 20 a person taking or possessing the fish N more than 20 a person taking or possessing the fish G egg bearing slipper a person taking or possessing the fish lobster N more than 20 (see also note 3) for each continuous period of fishing of 7 days, or part of 7 days—a person taking the fish for trade or commerce under a licence on which is written the fishery symbol ‘T1’ or ‘T2’ in waters other than the following— (a) Moreton Bay (whole) waters; (b) waterways adjoining the waters mentioned in paragraph (a) N more than 20 a person taking or possessing the fish N more than 20 a person taking or possessing the fish 2008 SL No. 448 Page 151
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish snakehead gudgeon N more than 20 a person taking or possessing the fish snapper N more than 5 a recreational fisher taking or possessing (see also note 1) the fish S less than 35cm a person taking or possessing the fish sooty grunter S less than 28cm a person taking or possessing the fish southern bluefin tuna a person taking or possessing the fish for trade or commerce southern saratoga a person taking or possessing the fish if the person is in possession of a northern saratoga N more than 1 a person taking or possessing the fish if the prohibition on taking the fish under the regulated fish declaration above does not apply S less than 50cm a person taking or possessing the fish South Pacific eel S less than 30cm a person taking or possessing the fish spangled emperor S less than 45cm a person taking or possessing the fish spangled perch N more than 20 a person taking or possessing the fish Spanish flag (stripey) S less than 25cm a person taking or possessing the fish spanish mackerel F dead spanish a recreational fisher possessing the fish mackerel unless on a boat the pectoral fin has been removed from the fish N more than 3 a recreational fisher taking or possessing (see also note 1) the fish S less than 75cm a person taking or possessing the fish Page 152 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish spanner crab speartooth shark spiny crayfish spotted blue-eye spotted flagtail (northern jungle perch) 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish G an egg-bearing female a person taking or possessing the fish N more than 20 a recreational fisher taking or possessing the fish S a carapace less than 10cm if the carapace is not damaged a person taking or possessing the fish S a sternite less than a person taking or possessing the fish 3.7cm if the carapace is separated from the body or damaged a person taking or possessing the fish a person taking or possessing the fish N more than 20 a person taking or possessing the fish a person taking or possessing the fish if the person is in possession of a jungle perch N more than 1 a person taking or possessing the fish if the prohibition on taking the fish under the regulated fish declaration above does not apply S more than 35cm a person taking or possessing the fish 2008 SL No. 448 Page 153
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish spotted mackerel N more than 15 N more than 5 S less than 60cm square blotch goby N more than 20 strawman N more than 20 striped gudgeon N more than 20 a species of regulated surgeonfish N more than 5 (see also note 2) S less than 25cm a person using a commercial fishing net to take the fish for trade or commerce or possessing the fish taken in that way unless— (a) the person did not intend to take the fish; and (b) could not have avoided taking the fish; and (c) if the prescribed commercial catch for spotted mackerel is less than 140t—the person does not possess more than 50 of the fish a person taking or possessing the fish for trade or commerce if the prescribed commercial catch for spotted mackerel is more than 140t a recreational fisher taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a recreational fisher taking or possessing the fish a person taking or possessing the fish, unless the person— (a) takes the fish for trade or commerce under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; or (b) possesses the fish taken under paragraph (a) Page 154 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish a species of N more than 5 regulated sweetlip (see also note 2) S less than 25cm swallowtail dart N more than 30 sweetlip emperor (red throat emperor) S less than 30cm N more than 8 (see also note 2) S less than 38cm F live fish tailor N more than 20 S less than 30cm S less than 35cm W more than 30kg a recreational fisher taking or possessing the fish a person taking or possessing the fish, unless the person— (a) takes the fish for trade or commerce under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; or (b) possesses the fish taken under paragraph (a) a recreational fisher taking or possessing the fish a person taking or possessing the fish a recreational fisher taking or possessing the fish a person taking or possessing the fish a recreational fisher possessing the fish on a boat a recreational fisher taking or possessing the fish a person taking the fish before 1 March 2010 or possessing the fish taken before that day a person taking the fish on or after 1 March 2010 or possessing the fish taken on or after that day a person taking or possessing the fish for trade or commerce if the prescribed commercial catch for tailor is more than 120t 2008 SL No. 448 Page 155
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish tarwhine teraglin jew threadfin rainbowfish trevally triangular shield catfish tripletail Maori wrasse trochus 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish S less than 23cm S less than 25cm N more than 5 S less than 38cm N more than 20 a person taking the fish before 1 March 2010 or possessing the fish taken before that day a person taking the fish on or after 1 March 2010 or possessing the fish taken on or after that day a recreational fisher taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish N more than 20 N more than 20 a recreational fisher taking or possessing the fish a person taking or possessing the fish S less than 25cm a person taking or possessing the fish, unless the person— (a) takes the fish for trade or commerce under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; or (b) possesses the fish taken under paragraph (a) S less than 8cm or a person taking or possessing the fish more than 12.5cm Page 156 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish a species of regulated tropical snapper or seaperch, other than crimson jobfish (rosy jobfish), crimson seaperch (small mouth nannygai), hussar (pink hussar), lavender jobfish, paddletail, red bass or saddletail seaperch (large mouth nannygai) N more than 5 (see also note 2) a recreational fisher taking or possessing the fish regulated tropical S less than 25cm snapper or seaperch, other than a prescribed jobfish, chinaman fish, crimson seaperch (small mouth nannygai), hussar (pink hussar), paddletail, red bass, red emperor, saddletail seaperch (large mouth nannygai) or Spanish flag (stripey) a person taking or possessing the fish, unless the person— (a) takes the fish for trade or commerce under a licence on which is written the fishery symbol ‘A1’ or ‘A2’; or (b) possesses the fish taken under paragraph (a) tropical spiny rock G egg bearing or tar a person taking or possessing the fish lobster spot tropical spiny rock lobster trout gudgeon N more than 20 a person taking or possessing the fish trumpet shell a person taking or possessing the fish 2008 SL No. 448 Page 157
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 Regulated fish wahoo Welch’s grunter western carp gudgeon white-tip reef shark winter whiting 23 4 Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish N more than 2 S less than 75cm S less than 30cm N more than 20 a recreational fisher taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish a person taking or possessing the fish N more than 1 a person taking or possessing the fish for trade or commerce F the fish divided into portions in a way that does not allow an inspector to count the number of the fish reasonably easily a person possessing the fish on a boat F the fish if its tail or a person taking the fish in waters east of any of its fins are longitude 142º31'49'' east on or after 1 removed and kept July 2009 or possessing the fish taken in separately from the waters on or after that day, unless the the body fisher is acting under a commercial fishing boat licence on which is written the fishery symbol ‘S’ S less than 150cm or a person taking the fish on or after 1 July interdorsal length 2009 or possessing the fish taken on or less than 60cm after that day, unless the person is acting under a commercial fishing boat licence on which is written— (a) the fishery symbol ‘S’; and (b) the fishery symbol ‘N1’, ‘N2’, ‘N3’, ‘N4’, ‘N9’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ N more than 50 a recreational fisher taking or possessing the fish Page 158 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated form, gender, number, size, volume or weight of fish Regulated persons and prohibited activities involving regulated fish wolf herring N more than 10 a species of regulated wrasse, other than anchor tuskfish, blackspot tuskfish, blue tuskfish, grass tuskfish (purple tuskfish), humphead Maori wrasse or Venus tuskfish N more than 5 (see also note 2) a species of regulated wrasse, other than hogfish, redbreasted Maori wrasse or tripletail Maori wrasse S less than 30cm yellow-finned bream S less than 23cm S less than 25cm yellowfin perchlet N more than 20 yellowtail king-fish N more than 2 S less than 60cm a recreational fisher taking or possessing the fish a recreational fisher taking or possessing the fish a person taking or possessing the fish a person taking the fish before 1 March 2010 or possessing the fish taken before that day a person taking the fish on or after 1 March 2010 or possessing the fish taken on or after that day a person taking or possessing the fish a recreational fisher taking or possessing the fish a person taking or possessing the fish 2008 SL No. 448 Page 159
Fisheries Amendment Regulation (No. 5) 2008 [s 98] ‘Part 3 Fish regulated by number separately and in combination 1 23 4 Regulated fish Regulated Regulated persons and number of prohibited activities involving fish regulated fish albacore tuna, fanfish, longtail N more than a person taking or possessing the tuna, pomfret or skipjack tuna or 10 fish for trade or commerce any combination of these fish amberjack or samsonfish or a combination of these fish N more than a recreational fisher taking or 2 possessing the fish anchor tuskfish, blackspot N more than a recreational fisher taking or tuskfish, blue tuskfish, grass 6 (see also possessing the fish tuskfish (purple tuskfish) or note 2) Venus tuskfish or a combination of these fish banded rainbowfish, black banded rainbowfish, chequered rainbowfish, crimson spotted rainbowfish, desert rainbowfish, Duboulay’s rainbowfish, eastern rainbowfish, Lake Eacham rainbowfish and McCulloch’s rainbowfish or any combination of these fish N more than 50 a person taking or possessing the fish Barcoo grunter or silver perch or N more than a person taking or possessing the Welch’s grunter or any 5 fish combination of these fish bigeye tuna or yellowfin tuna or N more than a person taking or possessing the a combination of these fish 2 fish for trade or commerce bivalve mollusc or gastropod (other than oysters) or a combination of these fish N more than a recreational fisher taking or 50 possessing the fish Page 160 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated Regulated persons and number of prohibited activities involving fish regulated fish catfish (with eel like tails) in the genera Neosiluroides, Neosilurus or Tandanus or a combination of any fish in any of the genera N more than 5 a person taking or possessing the fish fish of a species of cherabin or N more than a person taking or possessing the any combination of fish of these 10 fish species a particular regulated cod or grouper or any combination of regulated cod or grouper N more than a recreational fisher taking or 5 (see also possessing the fish note 2) a particular regulated coral trout N more than a recreational fisher taking or or any combination of regulated 7 (see also possessing the fish coral trout note 2) crimson jobfish (rosy jobfish) or N more than a recreational fisher taking or lavender jobfish or any 8 (see also possessing the fish combination of these fish note 2) crimson seaperch (small mouth nannygai) or saddletail seaperch (large mouth nannygai) or any combination of these fish N more than a recreational fisher taking or 9 (see also possessing the fish note 2) golden-lined whiting, northern whiting or sand whiting or any combination of these fish N more than a recreational fisher taking or 30 possessing the fish khaki bream or sooty grunter or N more than a person taking or possessing the a combination of these fish 10 fish long-finned eel, short-finned eel N more than a recreational fisher taking or or South Pacific eel or any 10 possessing the fish combination of these fish pikey bream, tarwhine or yellow-finned bream or a combination of these fish N more than a recreational fisher taking or 30 possessing the fish 2008 SL No. 448 Page 161
Fisheries Amendment Regulation (No. 5) 2008 [s 98] 1 23 4 Regulated fish Regulated Regulated persons and number of prohibited activities involving fish regulated fish shark or ray or a combination of N these fish more than 4 a fisher in a commercial line fishery under chapter 8 taking the fish in waters east of longitude 142º31'49'' on or after 1 July 2009 or possessing the fish taken in the waters on or after that day, unless the fisher is acting under a commercial fishing boat licence on which is written the fishery symbol ‘A1’, ‘A2’ or ‘S’ N more than a fisher in a commercial net 10 fishery under chapter 9 taking the fish in waters east of longitude 142º31'49'' on or after 1 July 2009 or possessing the fish taken in the waters on or after that day, unless the fisher is acting under a commercial fishing boat licence on which is written the fishery symbol ‘A1’, ‘A2’ or ‘S’ ‘Notes — 1 The regulated number of the fish is subject to section 152 (Extended number for other particular fin fish). 2 The regulated number of the fish is subject to section 150 (Extended number for regulated coral reef fin fish). Also, see chapter 3, part 4, division 1 (Declaration and regulation of total number of regulated coral reef fin fish). 3 Under the regulated fish declaration, for example— (a) fish in excess of the number or volume stated for the fish are declared to be regulated fish, if the duration of the period of fishing is not more than 7 days; and (b) fish in excess of 3 times the number or volume stated for the fish are declared to be regulated fish, if the duration of the period of fishing is more than 14 but not more than 21 days.’. Page 162 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 99] 99 Amendment of sch 5 (Glossary of scientific names for particular coral reef fin fish species) (1) Schedule 5, part 1— insert — ‘black-spotted rockcod (estuary cod) Epinephelus malabaricus gold-spotted rockcod (estuary cod) Epinephelus coioides ’. (2) Schedule 5, part 3, entry for miscellaneous emperor, other than grass emperor (grass sweetlip), ‘(grass sweetlip)’— omit, insert — ‘(sweetlip)’. (3) Schedule 5, part 8, entry for miscellaneous seaperches, other than mangrove jack and large-scale seaperch (fingermark)— omit, insert — ‘miscellaneous seaperches, other than mangrove jack and golden snapper (fingermark) Lutjanus spp., other than Lutjanus argentimaculatus and Lutjanus johni ’. 100 Amendment of sch 6 (Glossary of scientific names for particular fish other than regulated coral reef fin fish) (1) Schedule 6, part 5, entries for black jewfish, broad-barred or grey mackerel, cobia (black kingfish), estuary cod, large-scale seaperch, mulloway, Queensland school mackerel, spotted mackerel, teraglin jew and wahoo— omit . (2) Schedule 6, part 6, entries for bar-tailed flathead, Burnett salmon, Cooktown salmon (blue threadfin or blue salmon), dolphin-fish, giant trevally, grass emperor (grass sweetlip), grunter, king threadfin, mud flathead, sand flathead, shark, silver jewfish, silver teraglin, small spotted grunter bream, snub-nosed dart, and spotted grunter bream (grunter)— omit . (3) Schedule 6, part 6— 2008 SL No. 448 Page 163
Fisheries Amendment Regulation (No. 5) 2008 [s 100] insert — ‘amberjack barred javelin (spotted grunter) black jewfish blue threadfin (blue salmon) cobia (black kingfish) diamond scale mullet dusky (mud) flathead dwarf sawfish flathead freshwater sawfish garfish giant queenfish golden snapper (fingermark) grass emperor (sweetlip) green sawfish grey mackerel grey reef shark guitarfish king threadfin (king salmon) mahi mahi (dolphin-fish) mulloway narrow sawfish northern whiting ray samsonfish school mackerel shark silver javelin (small spotted grunter) Seriola dumerili and S. rivoliana Pomadasys kaakan Protonibea diacanthus Eleutheronema tetradactylum Racycentron canadum Liza vaigiensis Platycephalus fuscus Pristis clavata Platycephalus spp. Pristis microdon family Hemiramphidae Scomberoides commersonnianus Lutjanus johni Lethrinus laticaudis Pristis zijsron Scomberomorus semifasciatus Carcharhinus amblyrhynchos family Rhinobatidae Polydactylus macrochir Coryphaena spp. Argyrosomus holoepidotus Anoxypristis cuspidata Sillago sihama order Rajiformes Seriola hippos Scomberomorus queenslandicus order Lamniformes and order Squaliformes Pomadasys agenteus Page 164 2008 SL No. 448
speartooth shark spotted mackerel swallowtail dart teraglin jew trevally wahoo white-tip reef shark winter whiting wolf herring Fisheries Amendment Regulation (No. 5) 2008 [s 101] genus Glyphis Scomberomorus munroi Trachinotus coppingeri Atractoscion aequidens family Carangidae Acanthocybium solandri Triaenodon obesus Sillago maculata Chirocentrus dorab ’. 101 Amendment of sch 7 (Prescribed reference documents for scientific names for fish) (1) Schedule 7, part 2, item 6, column 2, ‘estuary cod’— omit, insert — ‘gold-spotted rockcod (estuary cod)’. (2) Schedule 7, part 2, items 6 and 18, column 2, ‘(grass sweetlip)’— omit, insert — ‘(sweetlip)’. (3) Schedule 7, part 2, item 13— omit, insert — ‘13 barred javelin (spotted grunter), red spot crabs (three spot crabs), silver javelin (small spotted grunter) and winter whiting Grant, E.M., (1993), ‘Grant’s Guide to Fishes’, (6th edition), EM Grant Pty Ltd, 19 Australia Court, Scarborough, Queensland’. (4) Schedule 7, part 2, item 18, column 2, ‘estuary cod,’— omit . 2008 SL No. 448 Page 165
Fisheries Amendment Regulation (No. 5) 2008 [s 102] (5) Schedule 7, part 2, item 18, column 2, ‘, small spotted grunter bream and spotted grunter bream (grunter)— omit, insert— ‘and silver javelin (small spotted grunter)’. 102 Amendment of sch 9 (Other fees) (1) Schedule 9, table 1, under heading ‘Commercial net fisheries’, entries for items 1 to 13— omit, insert — ‘1 K1 215 500 580 2 K2 215 500 580 3 K3 215 500 580 4 K4 215 500 580 5 K5 215 500 580 6 K6 215 500 580 7 K7 215 500 580 8 K8 215 500 580 9 N1 215 250 290 10 N2 215 500 580 11 N4 2200 2200 12 N10 850 850 13 N11 150 150’. (2) Schedule 9, table 1, under heading ‘Other commercial fisheries under regulation’— Page 166 2008 SL No. 448
‘7 S insert — Fisheries Amendment Regulation (No. 5) 2008 [s 103] 580 580’. 103 Amendment of sch 11 (Dictionary) (1) Schedule 11, part 1— insert — ‘4A Meaning of nearshore waters ‘(1) Nearshore waters are tidal waters that are less than 2m deep at low water. ‘(2) However, nearshore waters do not include waters in a river or creek upstream of a line across its banks at low water. ‘6A Meaning of offshore waters ‘(1) Offshore waters are tidal waters that are at least 2m deep at low water. ‘(2) However, offshore waters do not include waters— (a) in a river or creek upstream of a line across its banks at low water; or (b) in an inlet. ‘9A When is a mesh net a set mesh net ‘(1) A mesh net is a set mesh net if— (a) 2 or more points of the net are each fixed to the ground or a thing to prevent the net from moving from the position in which it is set; or (b) a point of the net is fixed to a boat and another point of the net is fixed to the ground or a thing. ‘(2) For subsection (1), the ground includes the bed of a body of water.’. (2) Schedule 11, part 1, section 6(1) and (2), ‘net is taut’— 2008 SL No. 448 Page 167
Fisheries Amendment Regulation (No. 5) 2008 [s 103] omit, insert — ‘mesh of the net is closed’. (3) Schedule 11, part 1, section 6— insert — ‘(3) For this section, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled by hand in opposite directions so that the sides of the mesh, when the knots or corners are pulled, are as close to touching each other as is reasonably practicable. ‘(4) However, for pulling the knots or corners of the mesh under subsection (3), no more force may be used than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length.’. (4) Schedule 11, part 2, definitions back net, commercial fishery , fix , gill net , mesh net , net that is neither fixed nor hauled, offshore provision , offshore waters , regulated period, regulated waters, ring net , seine net, set mesh net and species — omit . (5) Schedule 11, part 2— insert — ‘ back net means a part of a mesh net that— (a) is part of the total length of a mesh net; and (b) is no more than 1 quarter of the total length of the mesh net being used; and (c) is supported by no more than 12 stakes; and (d) if it is being used to take fish as part of a ring or seine net, remains in the water while the ring or seine net is being used; and (e) is used as an artificial shore for concentrating fish to remove them from the water. commercial fishery see section 15A. Page 168 2008 SL No. 448
Fisheries Amendment Regulation (No. 5) 2008 [s 103] fix , a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set. general purpose mesh net means a mesh net of a type mentioned in a fishery provision under chapter 9, part 2 and used in the way stated in the provision. haul , a net, means to gather or retrieve the net or a part of the net, without the use of a boat, for taking fish. inlet means an inlet that includes the word ‘inlet’ in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website. Editor’s note — Geoscience Australia’s website address is < interdorsal length , for a ray or shark, means the distance between the dorsal fins of the fish, measured under section 157A. mesh net means a net suspended vertically through a water column that can be used, for example, as a general purpose mesh net, ring net, seine net, set mesh net or net that is neither fixed nor hauled, but does not include a net that is hauled by use of a boat for taking fish. nearshore waters see section 4A of this schedule. net that is neither fixed nor hauled means a mesh net that, while it is being used for taking fish, is— (a) allowed to move freely in the water; and (b) is not fixed to a place or otherwise restricted in its movement by the person using the net. offshore waters see section 6A of this schedule. original ocean beach fishery area means a fishery area mentioned in section 437, 440, 443, 446, 449, 452, 455 or 458. regulated period see section 10(1) of the regulation. regulated waters — 2008 SL No. 448 Page 169
Fisheries Amendment Regulation (No. 5) 2008 [s 103] (a) generally—means the waters declared to be regulated waters under section 27; or (b) if specifically referred to by name or description—see section 9 of the regulation. ring net means a mesh net shot in a way that allows it to encircle the fish being targeted. seine net means a mesh net, with or without a pocket, that can be— (a) shot in a way that partly encircles the fish being targeted; and (b) hauled in a way that concentrates the fish in an area for taking them. set mesh net see section 9A of this schedule. set pocket net means a bag shaped set net placed across a current or tide to trap fish. species , of fish, for chapter 1, part 2, division 3, see section 5 of the regulation.’. ENDNOTES 1 Made by the Governor in Council on 11 December 2008. 2 Notified in the gazette on 12 December 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2008 Page 170 2008 SL No. 448
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