Fisheries Amendment Regulation (No. 7) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 260 Fisheries Act 1994 FISHERIES AMENDMENT REGULATION (No. 7) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 32A Restriction on issue of primary commercial fishing boat licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 42 (Restrictions on writing fishery symbols on authorities allowing the use of boats in commercial fisheries) . . . . . . . . . . 2 5 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42A Combining spanner crab fishery symbols . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new s 64A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 64A Fishing priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 90 (Obstructing persons fishing under an authority) . . . . . 4 8 Amendment of sch 2, s 46A (Prohibited activities) . . . . . . . . . . . . . . . . . . . 4 9 Amendment of sch 11 (Crab fisheries (Commercial)) . . . . . . . . . . . . . . . . . 4 10 Amendment of sch 13 (Net fisheries (Commercial)) . . . . . . . . . . . . . . . . . . 10 11 Amendment of sch 17 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 13 MINOR AMENDMENTS

s1 2 s5 Fisheries Amendment (No. 7) No. 260, 1997 ˙ Short title 1. This regulation may be cited as the Fisheries Amendment Regulation (No. 7) 1997 . ˙ Regulation amended 2. This regulation amends the Fisheries Regulation 1995 . ˙ Insertion of new s 32A 3. After section 32— insert— ˙ ‘ Restriction on issue of primary commercial fishing boat licences ‘ 32A. The Authority may only issue a primary commercial fishing boat licence for a boat if a primary commercial fishing boat licence is not in force for the boat.’. ˙ Amendment of s 42 (Restrictions on writing fishery symbols on authorities allowing the use of boats in commercial fisheries) 4. Section 42— insert— ‘ (4) Subject to section 42A and the provisions of a management plan, the Authority must not write more than 1 of the same fishery symbol on an authority.’. ˙ Insertion of new s 42A 5. After section 42— insert— ˙ ‘ Combining spanner crab fishery symbols ‘ 42A.(1) A person who holds more than 1 primary commercial fishing boat licence with a crab fishery symbol written on each of them may apply to the Authority in writing to amend 2 or more of the licences by—

s6 3 s6 Fisheries Amendment (No. 7) No. 260, 1997 (a) writing all of the crab fishery symbols written on the licences on 1 of the licences (the “stated licence” ); and (b) writing on the stated licence 1 fishery symbol of each type that is— (i) written on the licences, other than the stated licence; and (ii) not already written on the stated licence; and (iii) not a crab fishery symbol; and (c) taking all the fishery symbols off the licences, other than the stated licence. ‘ (2) In subsection (1)— “crab fishery symbol” means a fishery symbol ‘C2’, ‘C4’, ‘C5’ or ‘C6’. ˙ Insertion of new s 64A 6. After section 64— insert— ˙ ‘ Fishing priority ‘ 64A.(1) Commercial fishers have the right to use nets under an authority in the order in which the fishers are ready to fish with the nets. ‘ (2) If 2 or more commercial fishers jointly use nets, they are taken to be 1 commercial fisher. (3) A right under subsection (1)— (a) only applies to an area with a radius equal to the length of net the commercial fisher is using or is ready to use; and (b) lasts for not more than 6 hours from when the fisher is ready to fish; and (c) only applies in the area of an ocean beach fishery if the fisher holds a licence with a symbol K1, K2, K3, K4, K5, K6, K7 or K8 written on it.

s7 4 s9 Fisheries Amendment (No. 7) No. 260, 1997 (4) In subsection (1)— “ready to fish” means the commercial fisher has enough boats, crew and fishing apparatus to start fishing immediately.’. ˙ Amendment of s 90 (Obstructing persons fishing under an authority) 7. Section 90(2), ‘fishing priority,’— omit, insert— ‘fishing priority under section 64A,’. ˙ Amendment of sch 2, s 46A (Prohibited activities) 8. Schedule 2, section 46A(2)(a)— omit, insert— ‘(a) midnight on 20 November to midnight on 5 January; and’. ˙ Amendment of sch 11 (Crab fisheries (Commercial)) 9.(1) Schedule 11, sections 17 to 18C— omit, insert— ‘ Where spanner crabs taken in managed area B may be brought ashore ‘ 17. A spanner crab taken in managed area B may only be brought ashore on the mainland west of longitude 151°45' east. 1 ‘ Notice before moving between managed areas ‘ 18.(1) A person in control of a primary commercial fishing boat must give notice to the Authority before the boat moves from managed area A to managed area B or from managed area B to managed area A. Maximum penalty—20 penalty units. 1 This means that a spanner crab taken in managed area B may only be brought ashore on the mainland adjoining managed area B north of approximately Bustard Head, which is where longitude 151°45' east crosses the mainland.

s9 5 s9 Fisheries Amendment (No. 7) No. 260, 1997 ‘ (2) The notice may be given to the Authority by telephone to the Department’s Queensland Boating and Fisheries Patrol. 2 ‘ Restriction on taking spanner crabs in more than 1 managed area ‘ 18A. A person who takes a spanner crab (the “first crab” ) in managed area A or managed area B must not take a spanner crab in the other managed area until the first crab has been brought ashore on the mainland. ‘ Annual and progressive quarterly quotas ‘ 18B.(1) The combined annual quota for spanner crabs taken in managed area A in this fishery and the following fisheries is 2 600 t— (a) crab fishery (spanner crab—south Queensland); (b) crab fishery (spanner crab—north of Indian Head). ‘ (2) However, no more than the following percentages of the annual quota may be taken from 1 July up to the following days— (a) 35%—30 September; (b) 55%—20 November; (c) 77.5%—31 March. ‘ Daily quota ‘ 18C.(1) The quota of spanner crabs that may be taken each day or possessed at any time under each fishery symbol is the following number of containers of spanner crabs— (a) for managed area A—8; (b) for managed area B—16. ‘ (2) However, if less than 70% of the annual quota has been taken by 31 March the number for managed area A from 1 April to 30 June is 10. ‘ (3) For subsections (1) and (2)— 2 The telephone number for the patrol at the commencement is [phone].

s9 6 s9 Fisheries Amendment (No. 7) No. 260, 1997 (a) a container must be counted as 2 containers if it— (i) has a whole spanner crab protruding above its top; or (ii) can not have another container stacked on top of it so that the other container’s bottom touches the top of the container on all sides; and (b) if the spanner crabs are not held in a container—the number of containers is worked out by dividing the number of crabs by 30. ‘ (4) In this section— “container” means a container 3 with a capacity of no more than 66 cubic litres. 4 ’. (2) Schedule 11, section 27— omit, insert— ‘ Where spanner crabs may be brought ashore ‘ 27. A spanner crab taken in the fishery may only be brought ashore on the mainland west of longitude 151°45' east. 5 ‘ Daily quota ‘ 27A.(1) The quota of spanner crabs that may be taken each day or possessed at any time under each fishery symbol in the fishery is 16 containers of spanner crabs. ‘ (2) For subsection (1)— (a) a container must be counted as 2 containers if it— (i) has a whole spanner crab protruding above its top; or (ii) can not have another container stacked on top of it so that the other container’s bottom touches the top of the container on 3 Containers used to hold spanner crabs are commonly called ‘baskets’. 4 An empty container that has internal dimensions of 571 mm x 381 mm x 305 mm has a capacity of approximately 66 litres. 5 This means that a spanner crab taken in managed area B may only be brought ashore on the mainland adjoining managed area B north of approximately Bustard Head, which is where longitude 151°45' east crosses the mainland.

s9 7 s9 Fisheries Amendment (No. 7) No. 260, 1997 all sides; and (b) if the spanner crabs are not held in a container—the number of containers is worked out by dividing the number of crabs by 30. ‘ (3) In this section— “container” means a container 6 with a capacity of no more than 66 cubic litres. 7 ’. (3) Schedule 11, sections 36 to 37C— omit, insert — ‘ Where spanner crabs taken in managed area B may be brought ashore ‘ 36. A spanner crab taken in managed area B may only be brought ashore on the mainland west of longitude 151°45' east. 8 ‘ Notice before moving between managed areas ‘ 37.(1) A person in control of a primary commercial fishing boat must give notice to the Authority before the boat moves from managed area A to managed area B or from managed area B to managed area A. Maximum penalty—20 penalty units. ‘ (2) The notice may be given to the Authority by telephone to the Department’s Queensland Boating and Fisheries Patrol. 9 ‘ Restriction on taking spanner crabs in more than 1 managed area ‘ 37A. A person who takes a spanner crab (the “first crab” ) in managed area A or managed area B must not take a spanner crab in the other 6 Containers used to hold spanner crabs are commonly called ‘baskets’. 7 An empty container that has internal dimensions of 571 mm x 381 mm x 305 mm has a capacity of approximately 66 litres. 8 This means that a spanner crab taken in managed area B may only be brought ashore on the mainland adjoining managed area B north of approximately Bustard Head, which is where longitude 151°45' east crosses the mainland. 9 The telephone number for the patrol at the commencement is [phone].

s9 8 s9 Fisheries Amendment (No. 7) No. 260, 1997 managed area until the first crab has been brought ashore on the mainland. ‘ Annual and progressive quarterly quotas ‘ 37B.(1) The combined annual quota for spanner crabs taken in the part of the fishery that is in managed area A and the following fisheries is 2 600 t— (a) crab fishery (spanner crab—south Queensland); (b) crab fishery (spanner crab No. 1). ‘ (2) However, no more than the following percentages of the annual quota may be taken from 1 July up to the following days— (a) 35%—30 September; (b) 55%—20 November; (c) 77.5%—31 March. ‘ Daily quota ‘ 37C.(1) The quota of spanner crabs that may be taken each day or possessed at any time under each fishery symbol is the following number of containers of spanner crabs— (a) for managed area A—8; (b) for managed area B—16. ‘ (2) However, if less than 70% of the annual quota has been taken by 31 March the number for managed area A from 1 April to 30 June is 10. ‘ (3) For subsections (1) and (2)— (a) a container must be counted as 2 containers if it— (i) has a whole spanner crab protruding above its top; or (ii) can not have another container stacked on top of it so that the other container’s bottom touches the top of the container on all sides; and (b) if the spanner crabs are not held in a container—the number of containers is worked out by dividing the number of crabs by 30.

s9 9 s9 Fisheries Amendment (No. 7) No. 260, 1997 ‘ (4) In this section— “container” means a container 10 with a capacity of no more than 66 cubic litres. 11 ’. (4) Schedule 11, sections 46 to 47C— omit, insert— ‘ Annual and progressive quarterly quotas ‘ 46.(1) The combined annual quota for spanner crabs taken in the fishery and the following fisheries is 2 600 t— (a) crab fishery (spanner crab—north of Indian Head); (b) crab fishery (spanner crab No. 1). ‘ (2) However, no more than the following percentages of the annual quota may be taken from 1 July up to the following days— (a) 35%—30 September; (b) 55%—20 November; (c) 77.5%—31 March. ‘ Daily quota ‘ 47.(1) The quota of spanner crabs that may be taken each day or possessed at any time under each fishery symbol is 8 containers of spanner crabs. ‘ (2) However, if less than 70% of the annual quota has been taken by 31 March the number from 1 April to 30 June is 10. ‘ (3) For subsections (1) and (2)— (a) a container must be counted as 2 containers if it— (i) has a whole spanner crab protruding above its top; or 10 Containers used to hold spanner crabs are commonly called ‘baskets’. 11 An empty container that has internal dimensions of 571 mm x 381 mm x 305 mm has a capacity of approximately 66 litres.

s 10 10 s 10 Fisheries Amendment (No. 7) No. 260, 1997 (ii) can not have another container stacked on top of it so that the other container’s bottom touches the top of the container on all sides; and (b) if the spanner crabs are not held in a container—the number of containers is worked out by dividing the number of crabs by 30. ‘ (4) In this section— “container” means a container 12 with a capacity of no more than 66 cubic litres. 13 ’. ˙ Amendment of sch 13 (Net fisheries (Commercial)) 10.(1) Schedule 13, section 7— insert— ‘ (5) From 1 April to 31 August a mesh or seine net may be used in the area of an ocean beach fishery only if it is not longer than 200 m and has a mesh size of at least 12 mm but not more than 25 mm.’. (2) Schedule 13, section 15— insert— ‘ (2) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (3) Schedule 13, section 27— insert— ‘ (4) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (4) Schedule 13, section 30— insert— ‘ (5) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. 12 Containers used to hold spanner crabs are commonly called ‘baskets’. 13 An empty container that has internal dimensions of 571 mm x 381 mm x 305 mm has a capacity of approximately 66 litres.

s 11 11 s 11 Fisheries Amendment (No. 7) No. 260, 1997 (5) Schedule 13, section 34— insert— ‘ (6) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (6) Schedule 13, section 36— insert— ‘ (5) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (7) Schedule 13, section 73— insert— ‘ (4) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (8) Schedule 13, section 74— insert— ‘ (4) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (9) Schedule 13, section 77— insert— ‘ (4) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. (10) Schedule 13, section 80— insert— ‘ (6) A net must not be used in the area of an ocean beach fishery from 1 April to 31 August.’. ˙ Amendment of sch 17 (Dictionary) 11.(1) Schedule 17, part 1— insert — “ocean beach fishery” means a fishery described in schedule 13, parts 7 to 7G.

s 11 12 Fisheries Amendment (No. 7) (2) Schedule 17, part 2, section 2— omit. s 11 No. 260, 1997

13 Fisheries Amendment (No. 7) No. 260, 1997 ¡ SCHEDULE MINOR AMENDMENTS section 2 1. Schedule 13, sections 90(1) and 94E(1), ‘at least 150 m long but’— omit. 2. Schedule 13, sections 94N(1), 94W(1), 94ZF(1), 94ZO(1), 94ZX(1) and 94ZAG(1), ‘at least 200 m long but’— omit. 3. Schedule 13, sections 90(2), 94E(2), 94N(2), 94W(2), 94ZF(2), 94ZO(2), 94ZX(2) and 94ZAG(2), ‘50 mm’— omit, insert— ‘12 mm’. ENDNOTES 1. Made by the Governor in Council on 21 August 1997. 2. Notified in the gazette on 22 August 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries, Fisheries and Forestry. © State of Queensland 1997