Fisheries (Commercial Fisheries) Regulation 2019 (QLD)

Fisheries (Commercial Fisheries) Regulation 2019

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Fisheries (Commercial Fisheries) Regulation 2019.

2   Commencement

This regulation commences on 1 September 2019.

3   Interpretation

(1)The dictionary in schedule 11 defines particular words used in this regulation.

(2)Subject to subsection (1), and unless this regulation provides otherwise, terms used in it have the meaning given under the Fisheries (General) Regulation 2019.

(3)Subsection (2) is not limited to a term defined under the Fisheries (General) Regulation 2019 but also applies to a provision of the regulation that aids the interpretation of a term mentioned in the regulation.

Note—

See, for example—

1sections 14 and 15 of that regulation for the interpretation of references to periods and times; and

2section 15A of that regulation for the interpretation of references relating to fishing operations; and

3schedule 7 of that regulation for the interpretation of references to, or relating to, fish; and

4schedule 8 of that regulation for the interpretation of references to, or relating to, waters or areas; and

5schedule 9 of that regulation for the interpretation of references to, or relating to, boats; and

6schedule 10 of that regulation for the interpretation of references to, or relating to, fishing apparatus.

Chapter 2    Commercial fisheries

Part 1    General

4   Commercial fisheries

(1)Each fishery named and described in schedules 2 to 8 is a commercial fishery.

(2)Schedules 2 to 8 state the following for each commercial fishery—

(a)the fishery symbol;

(b)the fishery area;

(c)matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example—

(i)fish that may be taken in the fishery; and

(ii)the way in which fish may be taken in the fishery; and

(iii)persons who may take fish in the fishery; and

(iv)any other restrictions on a person’s authorisation to take fish in the fishery;

(d)conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written.

(3)A condition mentioned in subsection (2)(d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2)(c).

5   Management and operation of commercial fisheries

(1)This section states, for information purposes only, some general matters about the management and operation of commercial fisheries.

(2)A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person—

(a)is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and

(b)is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence.

(3)The Fisheries (General) Regulation 2019 together with this regulation provide for—

(a)restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and

(b)restrictions on writing fishery symbols on primary commercial fishing licences; and

(c)what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and

(d)conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery.

6   Interpretation of fishery provisions

(1)This section states particular matters about the interpretation of a fishery provision about a commercial fishery.

(2)In a fishery provision about a commercial fishery—

(a)a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and

(b)a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a); and

(c)a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a); and

(d)a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a); and

(e)a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d).

Part 2    Authorisation for commercial fisheries

Division 1 Restrictions on authorisation in fishery provisions

7   Purpose of this division

This division states particular matters about what a person (the authorised person) acting under a primary commercial fishing licence on which a fishery symbol for a commercial fishery is written is authorised to do in the fishery under the licence.

8   Where fish may be taken

(1)The authorised person may take fish only in a fishery area of the commercial fishery.

(2)However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence.

(3)Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision.

9   What fish may be taken

The authorised person may take only fish that a fishery provision about the commercial fishery states may be taken by the person in the fishery.

10   Way fish may be taken

(1)If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way.

Examples of stated ways—

•by using only stated fishing apparatus

•by using stated fishing apparatus only in a stated way

•by using only a stated number of stated fishing apparatus

(2)If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery.

(3)Subsection (2) applies even if more than 1 person is acting under the licence.

10A   Restriction on possessing, selling or processing fish

(1)This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way.

(2)The authorised person may possess, sell or process the fish only in the stated circumstances or stated way.

10B   Restriction on possessing commercial fishing apparatus

(1)This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way.

(2)The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way.

11   Additional restrictions on authorisation

(1)This section applies if a fishery provision about the commercial fishery states any of the following (each a restriction)—

(a)fish may be taken in the fishery only if there is an unused quota entitlement under a quota authority for the fish;

(b)a maximum amount of fish that may be taken in the fishery;

(c)a period during which fish may be taken in the fishery;

(d)a stated activity must not be carried out in a stated area of the fishery.

(2)The authorised person may take fish in the commercial fishery only in accordance with the restriction.

12   Restriction on authorisation may apply in more than 1 way

A restriction under this division may apply to the authorised person in more than 1 way.

Example—

An authorised person may be authorised to take fish in a commercial fishery only in a particular area within the fishery’s fishery area, using only a particular type of fishing apparatus, and only during a particular period.

Division 2 Other restrictions on authorisation

13   Restriction on taking fish in more than 1 commercial fishery

(1)If a primary commercial fishing licence has more than 1 fishery symbol written on it, a person acting under the licence is not authorised to take fish in more than 1 commercial fishery at the same time.

(2)However, if the licence has 2 or more fishery symbols written on it and 1 or more of the fishery symbols is ‘C1’ or ‘C2’, the person may, at the same time—

(a)if only 1 fishery symbol is ‘C1’ or ‘C2’—take crabs under the fishery symbol ‘C1’ or ‘C2’ and fish under 1 other fishery symbol written on the licence; or

(b)if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and no other fishery symbols are written on the licence—take crabs under all of the fishery symbols ‘C1’ or ‘C2’; or

(c)if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and 1 or more other fishery symbols are written on the licence—

(i)take crabs under all of the fishery symbols ‘C1’ or ‘C2’; and

(ii)fish under 1 other fishery symbol written on the licence.

(3)Also, subsection (1) does not apply to a person taking any of the following fish at the same time—

(a)spanish mackerel under the fishery symbol ‘SM’;

(b)regulated coral reef fin fish under the fishery symbol ‘RQ’;

(c)fin fish, other than spanish mackerel or regulated coral reef fin fish, under the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’.

(4)Further, subsection (1) does not apply to a person taking fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N10’, ‘N15’ or ‘NX’ at the same time.

(5)In addition, subsection (1) does not apply to a person taking fish under the fishery symbol ‘A1’ and the fishery symbol ‘D’ at the same time.

14   Restriction on taking fish in commercial fisheries having same fishery symbol

(1)This section applies if a fishery symbol written on a primary commercial fishing licence is the fishery symbol for more than 1 commercial fishery.

(2)A person acting under the licence is not authorised to take fish or use fishing apparatus in more than 1 of the fisheries at the same time.

Example—

The fishery symbol ‘N10’ is written on a licence authorising use of a tunnel net in the net fishery (east coast no. 4) and use of a general purpose net in the net fishery (east coast no. 15). A person acting under the licence must not use the nets in the fisheries at the same time.

15   Restriction on taking fish in particular Joint Authority fisheries

(1)This section applies to a person who is—

(a)in a Joint Authority fishery managed under Queensland law; and

(b)acting under a primary commercial fishing licence.

(2)The person is not authorised to take fish to which the Joint Authority fishery applies under the licence unless—

(a)the Joint Authority endorses the licence to extend its operation to activities over which the Joint Authority has powers under the Act; and

(b)taking the fish is an activity over which the Joint Authority has powers under the Act.

15A   Restriction on retaining fish

(1)This section applies to fish other than fish taken under a B1, R, RQ, SM or T4 licence.

(2)A person acting under a primary commercial fishing licence is not authorised to keep fish on an authorised boat for the licence when the boat leaves a landing place to start a new fishing operation.

15B   Restriction on transhipping fish

(1)This section applies to fish other than fish taken under a D, L4, N3, N12, N13, R, RQ, SM or T1 licence.

(2)A person acting under a primary commercial fishing licence is not authorised to transfer fish from an authorised boat for the licence to a transport vessel from or using which the fish are proposed to be unloaded.

Part 3    Fishing priority

Division 1 Interpretation

16   Definitions for part

In this part—

ocean beach fishery means a commercial fishery mentioned in schedule 4, part 1.

ocean beach fishery flag means a flag that—

(a)is orange; and

(b)has an area of at least 1m²; and

(c)has the following written on it—

(i)the boat mark for the boat being used to take fish in the ocean beach net area identified by the flag;

(ii)the words ‘fishing priority’.

ocean beach net area means an area of an ocean beach fishery that is—

(a)identified by 2 ocean beach fishery flags placed—

(i)no more than 1km apart; and

(ii)along, and as near as possible to, the water’s edge; and

(b)within the boundary formed by the following lines—

(i)a straight line, at right angles to the straight line between the ocean beach fishery flags, extending from the point that is 500m seaward of 1 of the flags to the point that is 500m landward of that flag;

(ii)another straight line, at right angles to the straight line between the flags, extending from the point that is 500m seaward of the other flag to the point that is 500m landward of the other flag;

(iii)a straight line joining the landward ends of the lines mentioned in subparagraphs (i) and (ii);

(iv)a straight line joining the seaward ends of the lines mentioned in subparagraphs (i) and (ii).

17   Meaning of ready to fish

A commercial fisher is ready to fish with a net in a fishery area of a commercial fishery if—

(a)the fisher has, in the area—

(i)a commercial fishing boat authorised to be used in the area; and

(ii)if a fishery provision about the commercial fishery states that fish may be taken only if a minimum number of assistant fishers is present—the minimum number of assistant fishers present; and

(b)there is, on the boat, a net authorised to be used to take fish in the area.

Division 2 Fishing priorities

18   Fishing priority—ocean beach fisheries

(1)This section applies—

(a)to each commercial fisher acting under a primary commercial fishing licence; and

(b)for using a net in an ocean beach fishery.

(2)Each of the commercial fishers is authorised under the licence to use a net—

(a)in the ocean beach net area identified by the fisher; and

(b)in the order in which the fishers are ready to fish with the nets in the area.

19   Fishing priority—other commercial fisheries

(1)This section applies—

(a)to each commercial fisher acting under a primary commercial fishing licence; and

(b)for using a net in a commercial fishery, other than an ocean beach fishery.

(2)Each of the commercial fishers is authorised under the licence to use a net—

(a)in an area around the fisher’s boat within a radius equal to the length of a net the fisher is authorised to use in the fishery; and

(b)in the order in which the fishers are ready to fish with the nets in the area.

20   Duration of fishing priority

An authorisation for a commercial fisher to use nets in an area of a commercial fishery under section 18 or 19 continues—

(a)for no more than 6 hours from when the fisher is ready to fish with a net in the area; and

(b)only while the fisher is ready to fish with a net in the area.

21   Joint fishers taken to be 1 fisher

If 2 or more commercial fishers mentioned in section 18 or 19 jointly use nets, they are taken to be 1 commercial fisher.

Division 3 Offences relating to fishing priorities

22   Interfering with ocean beach fishery flag

(1)This section applies if a commercial fisher, or an assistant fisher, acting under a primary commercial fishing licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 16, definition ocean beach net area, paragraph (a).

(2)A person, other than the commercial fisher or assistant fisher, must not remove, or otherwise interfere with, the ocean beach fishery flag.

Maximum penalty—20 penalty units.

23   Obstructing exercise of a fishing priority

A person must not obstruct a commercial fisher in exercising a fishing priority under division 2, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Part 4    Conditions on authorities relating to boat marks

Division 1 Preliminary

24   Application of part

This part applies to an authority that authorises the use of a boat (an authorised boat) in a commercial fishery if—

(a)the authority states a sequence of letters or numbers for the boat; or

(b)the chief executive has given the holder of the authority a written notice (a boat mark notice) stating a sequence of letters or numbers for the boat.

25   Reference to a boat mark for a boat

A reference to a boat mark for a boat used under an authority is a reference to—

(a)for a primary boat or another boat identified in the authority—the sequence of letters or numbers for the boat stated on the authority or boat mark notice issued for the boat; or

(b)for a tender boat or another boat not identified in the authority—the sequence of letters or numbers for the boat stated on the authority or a boat mark notice followed by—

(i)a dash; and

(ii)a number, chosen by the holder of the authority, that is not the same as the number for any other boat of a type mentioned in this paragraph that is used under the authority.

Division 2 Condition about fixing boat mark

26   Boat mark must be fixed on authorised boat

(1)It is a condition of the authority that the holder of the authority must ensure the boat mark for the authorised boat is fixed to the boat in a way that complies with this division.

(2)It is a condition of the authority that the boat mark must not be removed, or replaced with another boat mark, during a fishing trip on the boat.

27   Colour and placement

(1)The boat mark must be written in black on a yellow background.

(2)The boat mark must be—

(a)fixed to each side of the boat’s hull; and

(b)fixed to the following surface in a way that allows the boat mark to be viewed from above—

(i)if the boat has a deck or shelter at its front—the deck or shelter or an enclosed cabin or wheelhouse on the deck;

(ii)otherwise—a flat surface on the boat.

(3)The boat mark must not—

(a)be fixed below the water line of the boat; or

(b)otherwise be obscured from view.

28   Size of boat mark

(1)If the boat has a length of less than 10m—

(a)each letter or number in the boat mark must have a height of at least 20cm; and

(b)each stroke or serif of the letter or number must have a width of at least 2cm but no more than 2.5cm.

(2)If the boat has a length of 10m or more but less than 25m—

(a)each letter or number in the boat mark must have a height of at least 30cm; and

(b)each stroke or serif of the letter or number must have a width of at least 3.5cm but no more than 4cm.

(3)If the boat has a length of 25m or more—

(a)each letter or number in the boat mark must have a height of at least 45cm; and

(b)each stroke or serif of the letter or number must have a width of at least 6cm but no more than 6.5cm.

Division 3 Other conditions

29   Authorised boat must not be used without boat mark

It is a condition of the authority that a person in control of the authorised boat must not use the boat, or allow it to be used, to take fish for trade or commerce, unless a boat mark for the boat has been fixed to, and remains on, the boat in compliance with division 2.

30   Requirement to remove boat mark

(1)It is a condition of the authority that the holder of the authority must remove the boat mark from the authorised boat if—

(a)the boat is replaced; or

(b)the authority expires; or

(c)the authority is surrendered or cancelled.

(2)This section applies whether or not the boat mark has been fixed to the authorised boat, or allowed to remain on the boat, in a way that complies with division 2.

(3)In this section—

holder, of an authority that has expired, or has been surrendered or cancelled, means the person who held the authority immediately before the expiry, surrender or cancellation.

Part 5    Miscellaneous

31   Particulars to be legible, visible and in English

(1)This section applies if a person is required under this regulation to write or mark particulars in or on a document or other thing.

Examples—

•markings on floats attached to fishing apparatus

•markings on boats

(2)The person must write or mark the particulars in or on the document or thing, legibly, visibly and in English.

Maximum penalty—20 penalty units.

(3)Subsection (2) does not prevent a person writing or marking the particulars in another language in addition to English.

Chapter 3    Licences

Part 1    Primary commercial fishing licence

Division 1 Authorisation

32   Authorisation—holder

(1)The holder of a primary commercial fishing licence may do any of the following under the licence—

(a)allow a commercial fisher to act under the licence to take fish for trade or commerce, without using a boat, in a hand-harvest only commercial fishery identified in the licence;

(b)allow a commercial fisher to use the primary boat identified in the licence to take fish for trade or commerce in a commercial fishery identified in the licence;

(c)allow a commercial fisher to use no more than the authorised number of tender boats for a commercial fishery identified in the licence, at the same time, to take fish in the fishery;

(d)allow a commercial fisher to use a tender boat as if it were the primary boat identified in the licence if—

(i)there is no primary boat identified in the licence or the primary boat identified in the licence is not also being used to take fish for trade or commerce in a commercial fishery; and

(ii)the licence is kept on the tender boat while it is being used as the primary boat;

(e)allow a commercial fisher who uses a boat to take fish in a commercial fishery as mentioned in paragraph (b), (c) or (d) to carry the fish;

(f)sell fish taken in a commercial fishery by a commercial fisher acting under the licence;

(g)process fish taken in a commercial fishery by a commercial fisher acting under the licence;

(h)buy, sell and possess commercial fishing apparatus.

(2)For subsection (1), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.

(3)For subsection (1)(d)(i), the primary boat is not being used to take fish for trade or commerce in a commercial fishery only because there is fishing apparatus or fish on the boat.

(4)While a tender boat is being used under subsection (1)(d), the provisions of this regulation apply to the boat as if it were a primary boat.

(5)The primary boat and any of its tender boats may be used in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence if—

(a)the boat and the taking of the fish complies with schedule 4, part 7; and

(b)a fishery symbol for a fishery other than a hand-harvest only commercial fishery is written on the licence.

(6)The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence.

33   Authorisation—other persons

(1)The holder of a primary commercial fishing licence may authorise someone else to do a thing under the licence that the holder may do under section 32.

(2)A person authorised under subsection (1) by the holder of a primary commercial fishing licence to do a thing may do the thing under the licence.

(3)However, the holder of an E licence may authorise a person under subsection (1) to do a thing in the eel fishery only if the chief executive has approved the person as the holder’s approved nominee under section 34.

34   Chief executive may approve nominee for eel fishery

(1)The holder of an E licence may apply in writing to the chief executive for someone else to be the holder’s approved nominee.

(2)The chief executive may grant the approval only if the chief executive is satisfied the holder has become temporarily incapacitated or is otherwise temporarily unable to act under the licence.

(3)The approval may be granted only for the period during which the chief executive considers the holder will be incapacitated or otherwise temporarily unable to act under the licence.

(4)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision.

Division 2 General conditions

35   Purpose of division

This division prescribes conditions for a primary commercial fishing licence.

36   Condition about length of primary boat

A primary boat may be used in a commercial fishery only if its length is no more than—

(a)if a fishery provision about the fishery states that a primary boat longer than a stated length must not be used in the fishery—the stated length; or

(b)otherwise—25m.

37   Condition about use of tender boat

(1)A tender boat may be used in a commercial fishery only if—

(a)either—

(i)the tender boat’s primary boat—

(A)may be used in the fishery; and

(B)is not being used in another commercial fishery; or

(ii)there is no primary boat identified in the licence; and

(b)the tender boat’s length is no more than 10m.

(2)Subsection (1)(a)(i)(B) does not apply in relation to the use of a tender boat in a commercial fishery if the other commercial fishery in which the primary boat is being used is a crab fishery.

38   Condition about selling N11 fish

If a primary boat or a tender boat for a primary boat is used to take N11 fish under section 32(5), the N11 fish cannot be sold under the licence unless the fishery symbol ‘N11’ is written on the licence.

Division 3 Additional conditions about boat modification and replacement for east coast trawl fishery

Subdivision 1 M1, M2, T1 and T2 licences

39   Modifying boats

(1)This section prescribes a condition for an M1, M2, T1 or T2 licence.

(2)The holder of the licence may modify the primary boat identified in the licence only if—

(a)the modification does not change the number of hull units for the boat; or

(b)the modification is of a kind allowed under section 40.

40   Amending or replacing particular licences to allow boat modification or replacement

The chief executive may amend or replace an M1, M2, T1 or T2 licence to allow the primary boat identified in the licence to be modified or replaced only if the modification or replacement does not result in the hull units for the boat being more than 120.

Subdivision 2 T5, T6, T7, T8 and T9 licences

41   Modifying boats

(1)This section prescribes a condition for a T5, T6, T7, T8 or T9 licence.

(2)The holder of the licence may modify the primary boat identified in the licence only if—

(a)the modification does not change the boat’s main engine power or its length; or

(b)the modification is of a kind allowed under section 42.

42   Amending or replacing particular licences to allow boat modification or replacement

The chief executive may amend or replace a T5, T6, T7, T8 or T9 licence to allow the primary boat identified in the licence to be modified or replaced only if the modified or replacement boat is no longer than 14m.

Part 2    Commercial fisher licence

Division 1 Authorisation

43   Authorisation—commercial fisher

(1)The holder of a commercial fisher licence may do any of the following under the licence—

(a)buy commercial fishing apparatus;

(b)possess commercial fishing apparatus;

(c)use commercial fishing apparatus, but only while acting under a primary commercial fishing licence authorising the use of the apparatus;

(d)take fish for trade or commerce, but only while acting under a primary commercial fishing licence;

(e)possess fish taken as mentioned in paragraph (d);

(f)sell fish taken as mentioned in paragraph (d);

(g)process fish taken as mentioned in paragraph (d).

(2)However, a commercial fisher may take fish for trade or commerce without using a boat only in a hand-harvest only commercial fishery.

44   Authorisation—assistant fisher

(1)Subject to subsections (2) to (5), the holder of a commercial fisher licence may authorise someone else (an assistant fisher) to do a thing under the licence that the commercial fisher may do under section 43.

(2)An assistant fisher may do a thing mentioned in section 43(1)(b) to (d) under a commercial fisher licence only if the assistant fisher is acting under direction of the commercial fisher.

(3)An assistant fisher may do a thing mentioned in section 43(1)(e) to (g) under a commercial fisher licence on a boat only if the assistant fisher is acting under direction of the commercial fisher.

(4)An assistant fisher may do a thing mentioned in section 43(1)(e) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions.

(5)An assistant fisher is not authorised to do a thing mentioned in section 43 in a commercial fishery if a fishery provision about the commercial fishery states that only a commercial fisher may do the thing.

45   Meaning of under direction—commercial trawl fishery (fin fish)

For the commercial trawl fishery (fin fish), an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are—

(a)on the same boat; or

(b)on different boats but the assistant fisher is on a tender boat that is not a trawler.

46   Meaning of under direction—east coast trawl fishery

For the east coast trawl fishery, an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are—

(a)on the same boat; or

(b)on different boats but the assistant fisher is on a tender boat.

47   Meaning of under direction—other commercial fisheries

(1)This section states when an assistant fisher is under direction of a commercial fisher for a commercial fishery other than a commercial fishery mentioned in section 45 or 46.

(2)The assistant fisher is under direction of the commercial fisher if—

(a)the assistant fisher and commercial fisher are engaged in—

(i)the same fishing operation in the commercial fishery; or

(ii)2 fishing operations in 2 commercial fisheries, if the 2 commercial fisheries are commercial fisheries that a person is authorised to take fish in at the same time under section 13; and

(b)the assistant fisher is acting in accordance with the commercial fisher’s instructions.

Division 2 Condition

48   Purpose of division

This division prescribes a condition for a commercial fisher licence.

49   Commercial fisher to display notice

(1)This section applies to a commercial fisher who is acting under a primary commercial fishing licence to take fish without a boat.

(2)The commercial fisher must display a notice—

(a)adjacent to the place on the land from which the fisher is taking fish under the primary commercial fishing licence; and

(b)stating the licence number for the primary commercial fishing licence.

(3)For the notice—

(a)each letter or number must have a height of at least 20cm; and

(b)each stroke or serif of the letter or number must have a width of at least 2cm.

50   [Repealed]

51   [Repealed]

52   [Repealed]

Part 3    [Repealed]

Part 4    Fishery symbols

Division 1 Writing fishery symbols on licences

53   Fishery symbol may be written only on primary commercial fishing licence

(1)The chief executive may write a fishery symbol only on a primary commercial fishing licence.

(2)A reference to a licence in this part is a reference to a primary commercial fishing licence.

54   General restriction on writing fishery symbols

(1)The chief executive may write a fishery symbol on a licence only if—

(a)the chief executive must move the fishery symbol to the licence under section 63; or

(b)the licence is a replacement of a licence on which the symbol was written.

(2)However, the chief executive may write the fishery symbol ‘E’ on a licence only if the licence is a replacement of a licence on which the symbol was written.

Note—

Under the Fisheries (General) Regulation 2019, section 34, E licences are not transferable.

(3)Subsection (1) does not apply to the fishery symbol ‘N15’ until 1 July 2024.

(4)Also, subsection (1) does not apply to the fishery symbol ‘NX’.

Note—

The ‘NX’ symbol stops having effect on 30 June 2027 at the end of the day—see section 180.

55   [Repealed]

56   Restriction on writing multiple fishery symbols

The chief executive must not write the same fishery symbol, other than the fishery symbol ‘C1’,‘C3’, ‘N3’ or ‘T4’, more than once on a licence.

57   Restrictions on writing fishery symbols ‘N3’, ‘N12’ and ‘N13’

(1)The chief executive must not write the fishery symbol ‘N3’ on a licence on which the fishery symbol ‘N12’ or ‘N13’ is written.

(2)The chief executive must not write the fishery symbol ‘N12’ on—

(a)a licence on which the fishery symbol ‘N3’ or ‘N13’ is written; or

(b)more than 3 primary commercial fishing licences.

(3)The chief executive must not write the fishery symbol ‘N13’ on a licence on which the fishery symbol ‘N3’ or ‘N12’ is written.

58   Restrictions on writing particular east coast trawl fishery symbols

(1)The chief executive must not write—

(a)the ‘M2’ fishery symbol on a licence on which the fishery symbol ‘M1’, ‘T1’ or ‘T2’ is written; or

(b)the ‘T2’ fishery symbol on a licence on which the fishery symbol ‘M1’ or ‘T1’ is written; or

(c)the ‘M1’ fishery symbol on a licence on which the fishery symbol ‘T1’ is not written.

59   Restrictions on writing particular east coast trawl fishery symbols on licences allowing the use of boats of particular types

(1)The chief executive must not—

(a)write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat that has more than 120 hull units; or

(b)write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat longer than 14m; or

(c)write an ‘M2’ fishery symbol on a licence allowing the use of a boat if the hull units of the boat are more than the hull units for a boat that may be used under the licence from which the fishery symbol is being moved.

(2)Subsection (1)(c) does not apply if the holder of the licence surrenders another M2 licence.

60   Restrictions on writing fishery symbols on licences allowing the use of boats of particular lengths

(1)The chief executive may write a fishery symbol on a licence allowing the use of a boat in a commercial fishery only if the boat is no longer than the length permitted under a fishery provision about the fishery.

(2)However, the chief executive may write a fishery symbol on a licence (other than a licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written) (the second licence) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the fishery provision about the fishery if—

(a)a person has applied, under section 62, to move the fishery symbol from another licence (the first licence) to the second licence; and

(b)the boat to be used under the second licence is no longer than the lesser of the following—

(i)20m;

(ii)the length of a boat that is allowed to be used under the first licence.

Division 2 Moving fishery symbols

61   Definitions for division

In this division—

administrative conditions ...

authorised tender boat number, for a fishery symbol stated on a primary commercial fishing licence, means the authorised number of tender boats for the symbol stated on the licence under the Fisheries (General) Regulation 2019, section 32.

first licence see section 62(1)(a).

second licence see section 62(1)(b).

62   Application to move fishery symbol to another licence

(1)This section applies if—

(a)a fishery symbol is written on a primary commercial fishing licence (the first licence); and

(b)the fishery symbol may, under this part, be written on another primary commercial fishing licence (the second licence).

(2)The holder of the first licence and the holder of the second licence may apply to the chief executive to move the fishery symbol and the authorised tender boat number for the symbol from the first licence to the second licence.

(3)The application must be—

(a)in the approved form; and

(b)accompanied by—

(i)the fee prescribed under the Fisheries (General) Regulation 2019, schedule 6; and

(ii)the written approval of each person, other than the holder of the first licence, who has a registered interest in the first licence.

(4)The application may be made even if the same person holds the first licence and second licence.

(5)However, an application can not be made by a person who holds a licence because of a temporary transfer.

(6)Also, an application cannot be made for the ‘E’ fishery symbol.

63   Moving fishery symbol

(1)This section applies if—

(a)an application to move a fishery symbol to a licence is made under section 62; and

(b)the fishery symbol may, under this part, be written on the licence.

(2)The chief executive must move the fishery symbol and the authorised tender boat number for the symbol from the first licence to the second licence by removing from the first licence, and writing on the second licence—

(a)the fishery symbol; and

(b)the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and

(c)any administrative licence conditions applying to the fishery symbol.

(3)The action required to be taken by the chief executive under subsection (2) may be done automatically by an online system established by the chief executive for that purpose, or purposes including that purpose.

(4)In this section—

administrative licence conditions means conditions of a licence imposed by the chief executive under section 61 of the Act.

64   [Repealed]

65   [Repealed]

Chapter 4    Quota authorities

Part 1    Effort units

Division 1 Interpretation

66   Meaning of effort year

Effort year means the period from midday on 1 January to midday on 1 January in the next year.

67   Reference to a day

(1)In this part, a reference to a day is—

(a)the period of 24 hours from midday to midday; or

(b)if the chief executive is given at least 24 hours notice that a different period is to apply under subsection (2) or (3) for a day—the period of 24 hours stated in the notice.

(2)The holder of a trawl licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from midnight to midnight.

(3)Also, the holder of an M1 licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from 6p.m. to 6p.m.

(4)In this section—

notice includes a notice given by facsimile, radio or telephone.

Division 2 Entitlement

68   Purpose of this division

This division states the quota entitlement for effort units for a trawl region.

69   Entitlement under effort units

(1)The holder of effort units for a trawl region may, in an effort year, use, or allow someone else to use, the primary boat identified in a trawl licence also held by the holder—

(a)until all the effort units for the region for the year have been used; and

(b)for 4 additional days (each a steaming day).

(2)The authorisation under this section for an effort year—

(a)is the holder’s entitlement under the holder’s effort units for the trawl region for the effort year; and

(b)imposes a quota on the entitlement for the effort year.

70   When effort units entitlement is used for an effort year

(1)The entitlement under effort units for a trawl region is used for an effort year—

(a)when the holder of, or a person acting under, the effort units has used all the effort units for the year and used the primary boat identified in a trawl licence for all the steaming days for the units; or

(b)section 71 applies.

(2)Effort units for a trawl region are used when the holder, or anyone else allowed by the holder, has used the primary boat identified in a trawl licence in the region on a day.

(3)The number of effort units used on the day is worked out by applying the following formula—      where—

EU means the number of effort units used on the day.

EUCF means the effort unit conversion factor for the primary boat used stated in schedule 10 opposite the number of hull units for the boat.

(4)If the primary boat is used in any part of a day, the boat is taken to have been used for the whole of the day.

(5)If because of a notice given under section 67, the period of a day changes, the use of the primary boat at any time must not be counted twice in working out whether the boat has been used on a day.

Example—

The day applying to the holder of effort units, under section 67, is midday to midday (the existing 24-hour period). The holder gives the chief executive 24 hours notice, under section 67(2), to change the day applying to the holder to be midnight to midnight (the new 24-hour period). The primary boat is used in the 24 hours leading up to the first midnight of the new 24-hour period. The use of the boat during those 24 hours may be counted only for the existing 24-hour period, even if the primary boat is used after midday.

(6)The unused entitlement under effort units for a trawl region for an effort year is the number of effort units for the trawl region and the steaming days that have not been used for the effort year under any trawl licence held by the holder of the effort units.

71   No carrying forward of unused entitlement

(1)This section applies if, in an effort year, the holder of effort units for a trawl region uses the primary boat identified in a trawl licence in the trawl region for a number of days that is less than the entitlement under the holder’s effort units.

(2)The holder is taken, at the end of the effort year, to have used all the entitlement under the effort units for the trawl region held by the holder for the effort year.

Division 3 Usage notices for effort units

72   Chief executive to give usage notice

(1)This section applies if the chief executive becomes aware that the total entitlement under all the effort units for a trawl region for a particular effort year—

(a)has been used; or

(b)is likely to be used in the next month.

(2)The chief executive must immediately give each holder of a trawl licence a written notice (a usage notice) stating—

(a)if the total entitlement has been used—

(i)the day the total entitlement was used; and

(ii)the day the regulated period starts under the Fisheries Declaration 2019, section 92(3); or

(b)if the total entitlement is likely to be used in the next month—that the total entitlement is likely to be used in the next month.

73   Obligations of licence holders under usage notice

(1)This section prescribes a condition for a trawl licence that applies if the holder of the licence is given a usage notice.

(2)The holder of the licence must ensure that every person acting under the licence is aware of the matters mentioned in the usage notice.

(3)Subsection (4) applies if the usage notice states that the total entitlement is likely to be used in the next month.

(4)A person in control of a relevant boat under the licence must use the AIVR system, on each day the boat is to be used to take fish under the licence, to obtain the following information before any person starts using the boat to take fish on that day—

(a)whether the total entitlement has been used;

(b)if the person finds out by using the AIVR system that the total entitlement has been used on that day or an earlier day—the day the regulated period will start under the Fisheries Declaration 2019, section 92(3).

(5)A person in control of a relevant boat under the licence complies with subsection (4) if another person obtains the information, in compliance with that subsection, for the person in control of the boat.

(6)In this section—

relevant boat, under a trawl licence, means a boat that is to be used to take fish under the licence from the reef world heritage area regulated waters.

Division 4 Evidentiary aids for use of entitlement

Subdivision 1 Evidentiary aids for when location detected or reported

74   Location detected or reported

(1)This section applies if the primary boat identified in a trawl licence is detected by vessel tracking equipment or manually reported at any time during a day (the relevant day) within a trawl region.

(2)The detection or manual report is evidence the holder of the licence has used the boat for a whole day for effort units for the trawl region.

(3)However, subsection (2) does not apply if—

(a)an exception stated in this subdivision applies for the relevant day; or

(b)the chief executive decides on information provided by the holder of the licence that the boat was not used on the relevant day.

(4)As soon as practicable after making a decision under subsection (3)(b), the chief executive must give each person to whom the decision relates an information notice about the decision.

75   Exception—movement only at travelling speed

(1)It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as—

(a)not having moved; or

(b)having moved at a speed of at least 5 knots.

(2)For subsection (1)(b), if a boat is detected by vessel tracking equipment or manually reported as having moved continuously during a period, the first or last time the boat is detected or manually reported during the period must be disregarded if, at the time, the boat is detected or manually reported as moving at a speed of less than 5 knots.

76   Exception—minimum boat movement

It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as—

(a)not having moved; or

(b)having moved no more than the following distance from where the boat was first detected on the day—

(i)if the boat is detected or manually reported as being in the deep water net area during any part of the day—1,000m;

(ii)otherwise—250m.

77   Exception—moving boat without fishing

(1)It is an exception if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, any of the following journeys—

(i)from a defined port area to another defined port area;

(ii)from a defined port area to a place outside the fishery area of the east coast trawl fishery;

(iii)from a place outside the fishery area of the east coast trawl fishery to a defined port area;

(iv)from a place outside the fishery area of the east coast trawl fishery to another place outside the fishery area of the east coast trawl fishery;

(b)the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started—

(i)the date and time the journey will start;

(ii)the place the journey will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)if the movement involves entering or leaving the fishery area of the east coast trawl fishery—each entry or leaving;

(vi)the reason for the journey;

(c)if any fish taken outside the fishery area of the east coast trawl fishery are on board the boat—the holder of the licence or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)no fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery are on board the boat; and

(ii)section 80 of the Act is complied with for the boat; and

(iii)all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom.

(3)Subsection (2)(e)(iii) does not apply if the journey is from a defined port area to the nearest northerly or southerly defined port area.

(4)Also—

(a)the holder of the licence or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)(b)(iii), (iv) or (v); and

(b)from the giving of the amendment notice, the condition mentioned in subsection (2)(d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.

(5)In this section—

permitted fish see schedule 2, section 4.

78   Exception—moving boat to test fishing apparatus

(1)It is an exception if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus;

(b)the destination for the journey is no more than 1n mile from where the journey started;

(c)the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey—

(i)the date and time the journey will start;

(ii)the place the journey will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)the reason for the journey;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)no fish are taken by the use of a trawl net in the fishery area of the east coast trawl fishery; and

(ii)the cod ends of each trawl net on or attached to the boat are open; and

(iii)section 80 of the Act is complied with for the boat.

79   Exception—acting exclusively under authority other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol

(1)It is an exception if—

(a)the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and

(b)the conditions mentioned in subsection (2) have been complied with.

(2)For subsection (1)(b), the conditions are as follows—

(a)the boat is being used during the journey other than under an ‘M1’, ‘T1’ or ‘T2’ fishery symbol;

(b)the movement is, or is part of, a journey that started from a defined port area;

(c)the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started—

(i)the date and time the journey will start;

(ii)where the journey will start;

(iii)the proposed destination;

(iv)the estimated date and time of arrival at the destination;

(v)each authority or fishery symbol under which the boat will be used during the journey;

(vi)the activities for which the boat will be used during the journey;

(vii)the date and time the use of the boat under the authority or fishery symbol mentioned in subparagraph (v) will stop;

(d)the journey complies, or substantially complies, with the journey stated in the notice;

(e)during the whole of the journey—

(i)section 80 of the Act is complied with for the boat; and

(ii)if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the fishery area of the east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery, on board the boat.

(3)Also—

(a)the holder of the licence or person in control may, during the journey, by notice to the chief executive (amendment notice), amend a detail given under subsection (2)(b)(iii), (iv), (v) or (vi); and

(b)from the giving of the amendment notice, the condition mentioned in subsection (2)(c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2)(b), as amended under the amendment notice.

80   Exception—detection in particular regulated waters

It is an exception if the detection by vessel tracking equipment or manual reporting is within 1 or more of the following—

(a)the southern offshore trawl region A, the southern offshore trawl region B, or the southern inshore trawl region, in a period mentioned in the Fisheries Declaration 2019, section 110A;

(b)the Swain Reefs and Hydrographers Passage regulated waters in the regulated period under the Fisheries Declaration 2019, section 87(2);

(c)the following regulated waters—

•Currumbin Beach

•Moreton Bay outside the Moreton Bay trawl region

•Moreton Bay (including The Broadwater)

•Maroochy River and ocean foreshores (netting)

•Laguna Bay area

•Rainbow Beach

•Wide Bay Bar

•Hook Point to Taleerba Creek, Fraser Island

•Hervey Bay (commercial netting)

•Gladstone offshore area

•Yeppoon offshore area

•Keppel Bay near Middle Island Observatory

•Swain Reefs

•Shoalwater Bay

•Grasstree Island area

•Pioneer River mouth

•Egremont Pass Closure

•Refuge Bay on Scawfell Island

•Pioneer Bay

•Hook Island (fishing)

•Bowen to Cairns offshore area

•Townsville Harbour and Cleveland Bay

•Rollingstone Creek

•Townsville to Cape York Peninsula offshore area

•Yanks Jetty at Orpheus Island

•Herbert River

•Hinchinbrook Channel (all nets)

•Mission Beach

•Etty Bay area

•Fitzroy Island–High Island

•Mission Bay

•Trinity Bay

•Yorkeys Knob to Simpson Point

•Island Point to the Daintree River

•Grave Point to Indian Head

•Cape Bedford to Murray Reefs

•Cape Flattery to Lookout Point

•Lookout Point to Baron Reef

•Barrow Point to Bizant River

•Marrett River to Rocky River

•Rocky River to latitude 13º08.91' south

•Round Point to Fly Point near Cape York Peninsula

•tip of Cape York Peninsula

•latitude 13º08.91' south to Thorpe Point.

81   Notices to chief executive under subdivision

(1)This section applies for a notice to the chief executive under this subdivision.

(2)The notice may relate to a continuous period of more than 1 day.

(3)The notice may be given to the chief executive by—

(a)telephone to a telecommunications service provider, for the chief executive, published on the department’s website; or

(b)using vessel tracking equipment in a way that ensures—

(i)the notice is given to, and received by, the chief executive instantaneously; and

(ii)the chief executive can readily access the information in the notice.

(4)The chief executive may make guidelines for how to give the notice under subsection (3)(b).

(5)The notice is taken to have been given under subsection (3)(b) if, to the extent they are relevant, the guidelines are complied with.

Subdivision 2 Other evidentiary aids

82   Location not detected or reported

(1)This section applies if at any time during a day (the relevant time)—

(a)section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and

(b)the boat is not detected by vessel tracking equipment anywhere; and

(c)the boat’s location is not manually reported.

(2)The absence of the detection or manual report is evidence that the boat was used at the relevant time for effort units for the trawl region.

Note—

Under section 70(4), a boat used in any part of a day is taken to be used for the whole of the day for working out usage of effort units.

(3)However, subsection (2) does not apply if the chief executive decides on information provided by the holder of the licence that the boat was not used in the trawl region at the relevant time.

(4)As soon as practicable after making a decision under subsection (3), the chief executive must give each person to whom the decision relates an information notice about the decision.

Part 2    SM units

Division 1 Interpretation

83   Meaning of SM year

SM year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

84   Meaning of whole weight of spanish mackerel

(1)The whole weight of whole spanish mackerel is the weight, in kilograms, of the spanish mackerel.

(2)The whole weight of spanish mackerel that is filleted, gilled and gutted, or trunked is the weight worked out using the following formula—      where—

WW is the whole weight, in kilograms, of the spanish mackerel.

W is the weight, in kilograms, of the spanish mackerel.

CF is—

(a)for filleted spanish mackerel—1.61; or

(b)for gilled and gutted spanish mackerel—1.05; or

(c)for trunked spanish mackerel—1.18.

(3)The whole weight of a number of the spanish mackerel mentioned in subsection (2) is the weight worked out by using the following formula—

where—

WW is the whole weight, in kilograms, of the spanish mackerel, worked out under subsection (2).

N is the number of spanish mackerel.

Division 2 Entitlement

85   Purpose of division

This division states the quota entitlement for SM units.

86   Entitlement under SM unit

(1)The holder of, or a person acting under, an SM unit may take, in an SM year, the weight of spanish mackerel worked out by dividing the total quota entitlement for spanish mackerel for the SM year by the total number of SM units that have been issued.

(2)The authorisation for an SM year under subsection (1)—

(a)is the holder’s entitlement under the SM unit for the SM year; and

(b)imposes a quota on the entitlement for the SM year.

(3)However, the entitlement applies only while the holder holds an SM licence that is in force.

(4)In this section—

total quota entitlement, for spanish mackerel, for an SM year, means the total quota entitlement stated for spanish mackerel in the quota declaration for the spanish mackerel fishery for the SM year.

87   When SM unit entitlement is used for an SM year

(1)The entitlement under an SM unit is used for an SM year—

(a)when the holder of, or a person acting under, the SM unit, has taken, in the SM year under any SM licence held by the holder, an amount of (whole weight) spanish mackerel for the SM unit equalling the entitlement under the SM unit; or

(b)if section 88 applies.

(2)The unused entitlement under an SM unit for an SM year is the amount of (whole weight) spanish mackerel for the SM unit that has not been taken, for the SM year, under any SM licence held by the holder of the SM unit.

88   No carrying forward of unused entitlement

(1)This section applies if, in an SM year, an SM unit holder takes an amount of spanish mackerel for the SM units that is less than the total entitlements under the holder’s SM units.

(2)The holder of, or a person acting under, SM units is taken, at the end of the SM year, to have used all the entitlements under the SM units held by the holder for the SM year.

Division 3 Evidentiary aids for use of entitlement

89   Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for spanish mackerel taken under SM units.

(2)The notice is evidence that the holder of the SM units has taken, under the SM units, the whole weight equivalent of the amount of spanish mackerel stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of spanish mackerel stated in the notice is—

(a)for an amount stated for whole spanish mackerel—the amount stated; or

(b)for an amount stated for spanish mackerel that is not whole—the amount worked out in the way stated in section 84(2).

Part 3    Line units

Division 1 Interpretation

90   Meaning of line year

Line year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

91   Meaning of whole weight of regulated coral reef fin fish

(1)The whole weight of regulated coral reef fin fish that is filleted is the weight worked out using the following formula—

where—

WW is the whole weight, in kilograms, of the fish.

W is the weight, in kilograms, of the filleted fish.

CF is—

(a)for filleted regulated coral trout—2; or

(b)for filleted regulated cod or grouper—2.1; or

(c)for filleted goldband snapper—2.3; or

(d)for filleted rosy snapper or lavender snapper—2.1; or

(e)for filleted regulated tropical snapper or seaperch not mentioned in paragraph (c) or (d)—2.6; or

(f)for filleted regulated emperor—2.5; or

(g)for any other regulated coral reef fin fish or fish not identified as a particular species—2.

(2)The whole weight of regulated coral reef fin fish that is gilled and gutted is the weight worked out using the following formula—

where—

WW is the whole weight, in kilograms, of the fish.

W is the weight, in kilograms, of the gilled and gutted fish.

(3)The whole weight, in kilograms, of a number of regulated coral reef fin fish is the number of the fish.

(4)The whole weight of regulated coral reef fin fish to which subsections (1) to (3) do not apply is the weight, in kilograms, of the fish.

91A   References to prescribed coral reef fin fish

A reference to prescribed coral reef fin fish in relation to a line unit is a reference to the regulated coral reef fin fish stated for the line unit in schedule 9, part 1.

Division 2 Entitlement

92   Purpose of division

This division states the quota entitlement for line units.

93   Entitlement under line unit

(1)The holder of, or a person acting under, a line unit may take, in a line year, the weight of prescribed coral reef fin fish worked out by dividing the total quota entitlement for the fish for the line year by the total number of line units of that type that have been issued.

(2)The authorisation for a line year under subsection (1)—

(a)is the holder’s entitlement under the line unit for the line year; and

(b)imposes a quota on the entitlement for the line year.

(3)However, the entitlement applies only while the holder holds an RQ licence that is in force.

(4)In this section—

total quota entitlement, for prescribed coral reef fin fish, for a line year, means the total quota entitlement stated for the fish in the quota declaration for the reef line commercial fishery for the line year.

94   When line unit entitlement is used for a line year

(1)The entitlement under a line unit held by a person is used for a line year—

(a)when the holder of, or a person acting under, the line unit has taken in the line year, under any RQ licence held by the holder, an amount of (whole weight) prescribed coral reef fin fish for the line unit equalling the holder’s entitlement under the line unit; or

(b)if section 95 applies.

(2)The unused entitlement under a line unit for a line year is the amount of (whole weight) prescribed coral reef fin fish for the line unit that has not been taken, for the line year, under any RQ licence held by the holder of the line unit.

95   No carrying forward of unused entitlement

(1)This section applies if, in a line year, the holder of, or a person acting under, line units takes an amount of prescribed coral reef fin fish that is less than the total entitlements under the holder’s line units.

(2)The holder of the line units is taken, at the end of the line year, to have used all the entitlements under the line units held by the holder for the line year.

Division 3 Evidentiary aids for use of entitlement

96   Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed coral reef fin fish taken under line units.

(2)The notice is evidence that the holder of the line units has taken, under the line units, the whole weight equivalent of the amount of regulated coral reef fin fish stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of regulated coral reef fin fish stated in the notice is—

(a)for an amount stated for whole regulated coral reef fin fish—the amount stated; or

(b)for an amount stated for regulated coral reef fin fish that is not whole—the amount calculated in the way stated in section 91(1), (2) or (4) that applies to the fish.

Part 4    C2-ITQ units

Division 1 Interpretation

97   Meaning of C2-ITQ year

C2-ITQ year means a period of 1 year starting on 1 July of a year and ending on 30 June in the next year.

Note—

See, however, section 167.

Division 2 Entitlement

98   Purpose of division

This division states the quota entitlement for C2-ITQ units.

99   Entitlement under C2-ITQ unit

(1)The holder of, or a person acting under, a C2-ITQ unit may take in a C2-ITQ year the weight of spanner crabs worked out by dividing the total quota entitlement for the year by the total number of C2-ITQ units that have been issued.

(2)The authorisation for a C2-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the C2-ITQ unit for the C2-ITQ year; and

(b)imposes a quota on the entitlement for the C2-ITQ year.

(3)However, the entitlement applies only while the holder holds a C2 licence.

(4)In this section—

total quota entitlement, for spanner crabs, for a C2-ITQ year, means the total quota entitlement stated for spanner crabs in the quota declaration for the commercial spanner crab fishery (managed area A) for the C2-ITQ year.

100   When C2-ITQ unit entitlement is used for a C2-ITQ year

(1)The entitlement under a C2-ITQ unit is used for a C2-ITQ year—

(a)when the holder of, or a person acting under, the unit has taken in the year under any C2 licence held by the holder an amount of (whole weight) spanner crab equalling the holder’s entitlement under the C2-ITQ unit; or

(b)if section 101 applies.

(2)The unused entitlement under a C2-ITQ unit for a C2-ITQ year is the amount of (whole weight) spanner crab for the C2-ITQ unit that has not been taken for the C2-ITQ year under any C2 licence held by the holder of the C2-ITQ units.

101   No carrying forward of unused entitlement

(1)This section applies if, in a C2-ITQ year, the holder of, or a person acting under, C2-ITQ units takes an amount of spanner crab under the C2-ITQ units that is less than the total entitlements under the C2-ITQ units.

(2)The holder of the C2-ITQ units is taken at the end of the C2-ITQ year to have used all the entitlements under the C2-ITQ units held by the holder for the C2-ITQ year.

Division 3 Evidentiary aids for use of entitlement

101A    Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for spanner crab taken under C2-ITQ units.

(2)The notice is evidence that the holder of the C2-ITQ units has taken, under the C2-ITQ units, the whole weight equivalent of the amount of spanner crab stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of spanner crab stated in the notice is the weight, for each spanner crab the subject of the notice, of an entire intact spanner crab.

Part 5    T4-ITQ units

Division 1 Interpretation

102   Meaning of T4-ITQ year

T4-ITQ year means the period from 1 January to 31 December.

Division 2 Entitlement

103   Purpose of division

This division states the quota entitlement for T4-ITQ units.

104   Entitlement under T4-ITQ unit

(1)The holder of, or a person acting under, a T4-ITQ unit may take in a T4-ITQ year the weight of prescribed whiting worked out by dividing the total quota entitlement for the year by the total number of T4-ITQ units that have been issued.

(2)The authorisation for a T4-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the T4-ITQ unit for the T4-ITQ year; and

(b)imposes a quota on the entitlement for the T4-ITQ year.

(3)However, the entitlement applies only while the holder holds a T4 licence.

Note—

See section 106 in relation to carrying forward unused entitlements under T4-ITQ units for a T4-ITQ year to the following T4-ITQ year.

(4)In this section—

total quota entitlement, for prescribed whiting, for a T4-ITQ year, means the total quota entitlement stated for prescribed whiting in the quota declaration for the commercial trawl fishery (fin fish) for the T4-ITQ year.

105   When T4-ITQ unit entitlement is used for a T4-ITQ year

(1)The entitlement under a T4-ITQ unit is used for a T4-ITQ year—

(a)when the holder of, or a person acting under, the unit has taken in the year under any T4 licence held by the holder an amount of (whole weight) prescribed whiting equalling the holder’s entitlement under the unit; or

(b)if section 106 applies.

(2)The unused entitlement under a T4-ITQ unit for a T4-ITQ year is the amount of (whole weight) prescribed whiting for the T4-ITQ unit that has not been taken for the T4-ITQ year under any T4 licence held by the holder of the T4-ITQ unit.

106   Carrying forward of unused entitlement

(1)This section applies if, in a T4-ITQ year, the holder of, or a person acting under, T4-ITQ units takes an amount of prescribed whiting under the T4-ITQ unit that is less than the total entitlements under the holder’s T4-ITQ units.

(2)The holder of the T4-ITQ units is taken at the end of the T4-ITQ year to have used all the entitlements under the T4-ITQ units held by the holder for the T4-ITQ year, other than an unused entitlement to which subsection (3) applies.

(3)If the holder’s unused entitlement under the T4-ITQ units for the T4-ITQ year is 20t or less, the unused entitlement is carried forward to the following T4-ITQ year (the relevant T4-ITQ year).

(4)The holder of, or a person acting under, the holder’s T4-ITQ units may take in the relevant T4-ITQ year up to the amount of (whole weight) whiting carried forward under subsection (3).

(5)The authorisation under subsection (4)—

(a)applies in addition to the holder’s entitlement under the holder’s T4-ITQ units for the relevant T4-ITQ year under section 104; and

(b)does not form part of the holder’s entitlement under the holder’s T4-ITQ units for the relevant T4-ITQ year under section 104.

Division 3 Evidentiary aids for use of entitlement

106A   Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed whiting taken under T4-ITQ units.

(2)The notice is evidence that the holder of the T4-ITQ units has taken, under the T4-ITQ units, the whole weight equivalent of the amount of prescribed whiting stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed whiting stated in the notice is the amount, in kilograms, of the fish.

Part 5A    ENL-ITQ units

Division 1 Interpretation

106B   Meaning of ENL-ITQ year

ENL-ITQ year means the period of 1 year starting on 1 January in a year and ending on 31 December in the year.

Note—

See, however, section 173.

106C   References to prescribed ENL-ITQ fish, prescribed ENL management region and ENL-ITQ licences

(1)A reference to prescribed ENL-ITQ fish in relation to an ENL-ITQ unit is a reference to the fish stated for the ENL-ITQ unit in schedule 9, part 2.

(2)A reference to a prescribed ENL management region in relation to an ENL-ITQ unit is a reference to the management region stated for the ENL-ITQ unit in schedule 9, part 2.

Note—

The management regions are described in schedule 4, part 10.

(3)A reference to an ENL-ITQ licence in relation to an ENL-ITQ unit is a reference to a primary commercial fishing licence on which is written a fishery symbol stated for the ENL-ITQ unit in schedule 9, part 2.

Division 2 Entitlement

106D   Purpose of division

This division states the quota entitlement for ENL-ITQ units.

106E   Entitlement under ENL-ITQ unit

(1)The holder of, or a person acting under, an ENL-ITQ unit may take in a prescribed ENL management region in an ENL-ITQ year the weight of prescribed ENL-ITQ fish worked out by dividing the total quota entitlement for the fish for the region for the year by the total number of ENL-ITQ units of the same type that have been issued.

(2)The authorisation for an ENL-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the ENL-ITQ unit for the ENL-ITQ year; and

(b)imposes a quota on the entitlement for the year.

(3)However, the entitlement applies only while the holder holds an ENL-ITQ licence that is in effect.

(4)In this section—

total quota entitlement, for prescribed ENL-ITQ fish for a prescribed ENL management region, for an ENL-ITQ year, means the total quota entitlement stated for the fish for the region in the quota declaration for commercial net fisheries for the ENL-ITQ year.

106F   When ENL-ITQ unit entitlement is used for an ENL-ITQ year

(1)The entitlement under an ENL-ITQ unit is used for an ENL-ITQ year—

(a)when the holder of, or a person acting under, the ENL-ITQ unit has taken in the ENL-ITQ year, under any ENL-ITQ licence held by the holder, an amount of (whole weight) prescribed ENL-ITQ fish in the prescribed ENL management region equalling the holder’s entitlement under the ENL-ITQ unit; or

(b)if section 106G applies.

(2)The unused entitlement under an ENL-ITQ unit for an ENL-ITQ year is the amount of (whole weight) prescribed ENL-ITQ fish that has not been taken in the prescribed ENL management region, for the ENL-ITQ year, under any ENL-ITQ licence held by the holder of the ENL-ITQ unit.

106G   No carrying forward of unused entitlement

(1)This section applies if, in an ENL-ITQ year, the holder of, or a person acting under, ENL-ITQ units takes an amount of prescribed ENL-ITQ fish in a prescribed ENL management region that is less than the total entitlements under the holder’s ENL-ITQ units.

(2)The holder of the ENL-ITQ units is taken, at the end of the ENL-ITQ year, to have used all the entitlements under the ENL-ITQ units held by the holder for the ENL-ITQ year.

Division 3 Evidentiary aids for use of entitlement

106H   Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed ENL-ITQ fish taken under ENL-ITQ units.

(2)The notice is evidence that the holder of the ENL-ITQ units has taken, under the ENL-ITQ units, the whole weight equivalent of the amount of prescribed ENL-ITQ fish stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed ENL-ITQ fish stated in the notice is the amount, in kilograms, of the fish.

Part 5B    C1-ITQ units

Division 1 Interpretation

106I   Meaning of C1-ITQ year

C1-ITQ year means the period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

Note—

See, however, section 174.

106J   References to prescribed crab and prescribed crab management region

(1)A reference to prescribed crab in relation to a C1-ITQ unit is a reference to the crab stated for the C1-ITQ unit in schedule 9, part 3.

(2)A reference to a prescribed crab management region in relation to a C1-ITQ unit is a reference to the management region stated for the C1-ITQ unit in schedule 9, part 3.

Note—

The management regions are described in schedule 7, part 1, division 4.

Division 2 Entitlement

106K   Purpose of division

This division states the quota entitlement for C1-ITQ units.

106L   Entitlement under C1-ITQ unit

(1)The holder of, or a person acting under, a C1-ITQ unit may take in the prescribed crab management region in a C1-ITQ year the weight of prescribed crab worked out by dividing the total quota entitlement for the crab for the region for the year by the total number of C1-ITQ units of the same type that have been issued.

(2)The authorisation for a C1-ITQ year under subsection (1)—

(a)is the holder’s entitlement under the C1-ITQ unit for the C1-ITQ year; and

(b)imposes a quota on the entitlement for the year.

(3)However, the entitlement applies only while the holder holds a C1 licence that is in effect.

(4)In this section—

total quota entitlement, for prescribed crab for a prescribed crab management region, for a C1-ITQ year, means the total quota entitlement stated for the crab for the region in the quota declaration for the commercial crab fishery for the C1-ITQ year.

106M   When C1-ITQ unit entitlement is used for a C1-ITQ year

(1)The entitlement under a C1-ITQ unit is used for a C1-ITQ year—

(a)when the holder of, or a person acting under, the C1-ITQ unit has taken in the C1-ITQ year, under any C1 licence held by the holder, an amount of (whole weight) prescribed crab in the prescribed crab management region equalling the holder’s entitlement under the C1-ITQ unit; or

(b)if section 106N applies.

(2)The unused entitlement under a C1-ITQ unit for a C1-ITQ year is the amount of (whole weight) prescribed crab that has not been taken in the prescribed crab management region, for the C1-ITQ year, under any C1 licence held by the holder of the C1-ITQ unit.

106N   No carrying forward of unused entitlement

(1)This section applies if, in a C1-ITQ year, the holder of, or a person acting under, C1-ITQ units takes an amount of prescribed crab in a prescribed crab management region that is less than the total entitlements under the holder’s C1-ITQ units.

(2)The holder of the C1-ITQ units is taken, at the end of the C1-ITQ year, to have used all the entitlements under the C1-ITQ units held by the holder for the C1-ITQ year.

Division 3 Evidentiary aids for use of entitlement

106O   Weight notice is evidence of use of entitlement

(1)This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for prescribed crab taken under C1-ITQ units.

(2)The notice is evidence that the holder of the C1-ITQ units has taken, under the C1-ITQ units, the whole weight equivalent of the amount of prescribed crab stated in the notice.

(3)For subsection (2), the whole weight equivalent of the amount of prescribed crab stated in the notice is the weight, for each prescribed crab of that species the subject of the notice, of an entire intact crab of the species.

Part 5C    Hand-harvest ITQ units

Division 1 Interpretation

106P   Meaning of hand-harvest ITQ year

Hand-harvest ITQ year means—

(a)for R-ITQ units—the period of 9 months starting on 1 January in a year and ending on 30 September in the year; or

(b)for other hand-harvest ITQ units—the period of 1 year starting on 1 July in a year and ending on 30 June in the next year.

Note—

See, however, section 175.

106Q   Meaning of whole weight of red champagne lobster and tropical rocklobster

(1)The whole weight of red champagne lobster or tropical rocklobster that is in whole form and dead is the weight, in kilograms, of the lobster or rocklobster.

(2)The whole weight of red champagne lobster or tropical rocklobster that is in whole form and alive is the weight worked out using the following formula—      where—

WW is the whole weight, in kilograms, of the red champagne lobster or tropical rocklobster.

W is the weight, in kilograms, of the live red champagne lobster or tropical rocklobster.

CF is 0.987.

(3)The whole weight of red champagne lobster or tropical rocklobster in the form of tails only is the weight worked out using the following formula—      where—

WW is the whole weight, in kilograms, of the red champagne lobster or tropical rocklobster.

W is the weight, in kilograms, of the tails of the red champagne lobster or tropical rocklobster.

CF is 2.7.

106R   References to prescribed hand-harvest ITQ fish and hand-harvest ITQ licence

(1)A reference to prescribed hand-harvest ITQ fish in relation to a hand-harvest ITQ unit is a reference to the fish stated for the hand-harvest ITQ unit in schedule 9, part 4.

(2)A reference to a hand-harvest ITQ licence in relation to a hand-harvest ITQ unit is a reference to a primary commercial fishing licence for a commercial fishery in which the prescribed hand-harvest ITQ fish may be taken.

Division 2 Entitlement

106S   Purpose of division

This division states the quota entitlement for hand-harvest ITQ units.

106T   Entitlement under hand-harvest ITQ unit

(1)The holder of, or a person acting under, a hand-harvest ITQ unit may take in a hand-harvest ITQ year the weight of prescribed hand-harvest ITQ fish worked out by dividing the total quota entitlement for the fish for the year by the total number of hand-harvest ITQ units of the same type that have been issued.

(2)The authorisation for a hand-harvest ITQ year under subsection (1)—

(a)is the holder’s entitlement under the hand-harvest ITQ unit for the hand-harvest ITQ year; and

(b)imposes a quota on the entitlement for the year.

(3)However, the entitlement applies only while the holder holds a hand-harvest ITQ licence that is in effect.

(4)In this section—

total quota entitlement, for prescribed hand-harvest ITQ fish, for a hand-harvest ITQ year, means the total quota entitlement stated for the fish in the quota declaration for commercial hand-harvest fisheries for the hand-harvest ITQ year.

106U   When hand-harvest ITQ unit entitlement is used for a hand-harvest ITQ year

(1)The entitlement under a hand-harvest ITQ unit is used for a hand-harvest ITQ year—

(a)when the holder of, or a person acting under, the hand-harvest ITQ unit has taken in the hand-harvest ITQ year, under any hand-harvest ITQ licence held by the holder, an amount of (whole weight) prescribed hand-harvest ITQ fish equalling the holder’s entitlement under the hand-harvest ITQ unit; or

(b)if section 106V applies.

(2)The unused entitlement under a hand-harvest ITQ unit for a hand-harvest ITQ year is the amount of (whole weight) prescribed hand-harvest ITQ fish that has not been taken, for the hand-harvest ITQ year, under any hand-harvest ITQ licence held by the holder of the hand-harvest ITQ unit.

106V   No carrying forward of unused entitlement

(1)This section applies if, in a hand-harvest ITQ year, the holder of, or a person acting under, hand-harvest ITQ units takes an amount of prescribed hand-harvest ITQ fish that is less than the total entitlements under the holder’s hand-harvest ITQ units.

(2)The trap must not be used on—

(a)an ordinary weekend from 9a.m. on Saturday to 4p.m. on Sunday; or

(b)a long weekend from 9a.m. on the first day of the long weekend to 4p.m. on the last day of the long weekend.

(3)However, the trap may remain in the water if it is not baited and its pocket is open.

(4)In this section—

long weekend means any period of 3 or 4 days, including, for example, Easter, made up of a weekend and 1 or 2 public holidays immediately before or immediately after the weekend.

ordinary weekend means a weekend other than a long weekend.

94   Number of traps that may be used

Only 1 eel trap or round eel trap may be used to take juvenile eels under the licence in an impoundment at any time.

95   Other requirements

(1)An eel trap or round eel trap must not be used to take juvenile eels within 20m of another eel trap or round eel trap being used by someone else to take juvenile eels.

(2)An eel trap or round eel trap must not be used to take juvenile eels within 10m of the opening to a waterway that has a weir.

(3)An eel trap or round eel trap may be used to take juvenile eels at night only if a fixed white light is displayed on the boat being used to take the eels.

Subdivision 4 Use of scoop nets

96   Use of scoop nets

A scoop net must not be used to take juvenile eels within 10m of the opening to a waterway that has a weir.

Division 3 Condition

97   Checking trap or net

(1)This section prescribes a condition for the licence.

(2)An eel trap, round eel trap or scoop net that is in use must be checked every 24 hours after being set.

Part 10    Oyster fishery

Division 1 Fishery, fishery symbol and fishery area

98   Oyster fishery

The oyster fishery is the activity of fishing for oysters mentioned in section 102, in the fishery area, as provided under this part.

99   Fishery symbol

The fishery symbol for the fishery is ‘O’.

100   Fishery area

The fishery area consists of the area of all foreshores between low water and high water.

Division 2 Authorisation

101   Where fish may be taken

Oysters may be taken only in the area, within the fishery area, stated on the licence.

102   What fish may be taken

The following oysters may be taken under the licence—

(a)blacklip oysters;

(b)milky oysters.

103   Way fish may be taken

Oysters may be taken only by—

(a)hand; or

(b)using hand-held non-mechanical implements.

104   Who may take fish

(1)A commercial fisher and assistant fishers may take oysters under the licence.

(2)However, no more than 2 persons may take oysters under the licence at the same time.

Division 3 Conditions

105   Purpose of division

This division prescribes conditions for the licence.

106   Markers

(1)A person taking oysters under the licence must keep a marker at the high water mark at each corner of the area within which oysters are being taken.

(2)The marker must—

(a)state—

(i)the licence number of the commercial fisher licence under which the person is taking oysters; and

(ii)the name of the fishery; and

(b)have a diameter of no less than 500mm; and

(c)be made of retroflective material; and

(d)be kept no less than 2m above the surface of the land.

(3)The marker must be kept in good condition at all times.

Part 11    Pearl fishery

Division 1 Fishery, fishery symbol and fishery area

107   Pearl fishery

The pearl fishery is the activity of fishing for live pearl oysters in the fishery area, as provided under this part.

108   Fishery symbol

The fishery symbol for the fishery is ‘P’.

109   Fishery area

The fishery area consists of the area of tidal waters south of latitude 10º41' south and east of longitude 142º31'49" east.

Division 2 Authorisation

110   What fish may be taken

Live pearl oysters may be taken under the licence.

111   Way fish may be taken

(1)Live pearl oysters may be taken only by—

(a)hand; or

(b)using hand-held implements.

(2)Underwater breathing apparatus may also be used when taking live pearl oysters.

112   Who may take fish

(1)A commercial fisher and assistant fishers may take live pearl oysters under the licence.

(2)However, no more than 3 persons may take live pearl oysters under the licence at the same time.

Division 3 Condition

113   Selling fish

(1)This section prescribes a condition for the licence.

(2)Live pearl oysters taken under the licence may be sold only to a person acting under a development approval for prescribed aquaculture development.

Part 12    Commercial crayfish and rocklobster fishery

Division 1 Fishery, fishery symbol and fishery area

114   Commercial crayfish and rocklobster fishery

The commercial crayfish and rocklobster fishery is the activity of fishing for the fish mentioned in section 117 in the fishery area, as provided under this part.

115   Fishery symbol

The fishery symbol for the fishery is ‘R’.

116   Fishery area

The fishery area consists of the area of the following tidal waters—

(a)waters east of longitude 142º31'49" east, and north of latitude 14º south;

(b)the waters in the Gulf of Carpentaria—

(i)between the 25n mile line and the shore; and

(ii)south of latitude 10º48' south;

(c)waterways that join the waters mentioned in paragraph (b).

Division 2 Authorisation

117   What fish may be taken

Red champagne lobster and tropical rocklobster may be taken under the licence.

118   Way fish may be taken

(1)Fish may be taken only by—

(a)hand; or

(b)using hand-held non-mechanical implements; or

(c)using spears or spear guns.

(2)Underwater breathing apparatus may also be used when taking fish.

119   Who may take fish

(1)A commercial fisher or assistant fisher may take fish under the licence.

(2)However, only 1 person may take fish from each boat authorised to be used under the licence at the same time.

120   Fish may be taken only with unused entitlements

Fish may be taken in a hand-harvest ITQ year only if the fish are taken under R-ITQ units with unused entitlements for the hand-harvest ITQ year.

Part 13    Beachworm fishery

Division 1 Fishery, fishery symbol and fishery area

121   Beachworm fishery

The beachworm fishery is the activity of fishing for beachworms in the fishery area, as provided under this part.

122   Fishery symbol

The fishery symbol for the fishery is ‘W1’.

123   Fishery area

The fishery area consists of the area of all foreshores south of latitude 10º41' south and east of longitude 142º31'49" east.

Division 2 Authorisation

124   Where fish may be taken

Beachworms may be taken only in the area, within the fishery area, stated on the licence.

125   What fish may be taken

Beachworms may be taken under the licence.

126   Way fish may be taken

Beachworms may be taken only by hand.

127   Who may take fish

Only a commercial fisher may take beachworms under the licence.

Part 14     Bloodworm fishery

Division 1 Fishery, fishery symbol and fishery area

128   Bloodworm fishery

The bloodworm fishery is the activity of fishing for bloodworms in the fishery area, as provided under this part.

129   Fishery symbol

The fishery symbol for the fishery is ‘W2’.

130   Fishery area

The fishery area consists of the area of all foreshores south of latitude 10º41' south and east of longitude 142º31'49" east.

Division 2 Authorisation

131   What fish may be taken

Bloodworms may be taken under the licence.

132   Way fish may be taken

(1)Bloodworms may be taken only by hand or by using hand-held forks.

(2)Bloodworms may be taken by digging up an area only if, immediately after the worms are taken, the person taking the worms puts any seagrass disturbed or removed by the digging in an upright position in the same location from which the seagrass was disturbed or removed.

133   Who may take fish

Only a commercial fisher may take bloodworms under the licence.

Part 15    Marine yabby fishery

Division 1 Fishery, fishery symbol and fishery area

134   Marine yabby fishery

The marine yabby fishery is the activity of fishing for marine yabbies in the fishery area, as provided under this part.

135   Fishery symbol

The fishery symbol for the fishery is ‘Y’.

136   Fishery area

The fishery area consists of the area of all foreshores south of latitude 10º41' south and east of longitude 142º31'49" east.

Division 2 Authorisation

137   Where fish may be taken

Marine yabbies may be taken only in the area, within the fishery area, stated on the licence.

138   What fish may be taken

Marine yabbies may be taken under the licence.

139   Way fish may be taken

Marine yabbies may be taken only by using—

(a)hand pumps; or

(b)if stated on the licence, mechanical pumps.

140   Who may take fish

Only a commercial fisher may take marine yabbies under the licence.

Schedule 8 Other commercial fisheries

section 4

Part 1    [Repealed]

1   [Repealed]

2   [Repealed]

3   [Repealed]

4   [Repealed]

5   [Repealed]

6   [Repealed]

7   [Repealed]

8   [Repealed]

9   [Repealed]

10   [Repealed]

Part 2    [Repealed]

11   [Repealed]

12   [Repealed]

13   [Repealed]

14   [Repealed]

15   [Repealed]

16   [Repealed]

Part 3    Commercial trawl fishery (fin fish)

Division 1 Fishery, fishery symbol and fishery area

17   Commercial trawl fishery (fin fish)

The commercial trawl fishery (fin fish) is the activity of fishing for the fish mentioned in section 21 in the fishery area, as provided under this part.

18   Fishery symbol

The fishery symbol for the fishery is ‘T4’.

19   Fishery area

The fishery area consists of the area of all tidal waters within the following boundary—

•from latitude 24°42.05' south, longitude 153°28.11' east

•to latitude 24°57.87' south, longitude 153°34.78' east

•to latitude 26°12.84' south, longitude 153°48.83' east

•to latitude 26°24.88' south, longitude 153°36.05' east

•to latitude 26°44.98' south, longitude 153°30.38' east

•to latitude 27°05.68' south, longitude 153°34.36' east

•to latitude 27°58.78' south, longitude 153°46.38' east

•to latitude 28°06.32' south, longitude 153°44.90' east

•to latitude 28°09.66' south, longitude 153°46.68' east

•to latitude 28°09.17' south, longitude 153°34.30' east

•to latitude 28°06.85' south, longitude 153°31.74' east

•to latitude 28°01.10' south, longitude 153°29.43' east

•to latitude 27°51.23' south, longitude 153°28.34' east

•to latitude 27°45.62' south, longitude 153°30.19' east

•to latitude 27°38.84' south, longitude 153°30.33' east

•to latitude 27°31.28' south, longitude 153°33.34' east

•to latitude 27°31.78' south, longitude 153°34.50' east

•to latitude 27°30.08' south, longitude 153°36.02' east

•to latitude 27°24.64' south, longitude 153°33.58' east

•to latitude 27°22.79' south, longitude 153°34.20' east

•to latitude 27°20.139' south, longitude 153°29.81' east

•to latitude 27°14.96' south, longitude 153°28.31' east

•to latitude 26°56.55' south, longitude 153°29.61' east

•to latitude 26°54.48' south, longitude 153°28.00' east

•to latitude 26°56.62' south, longitude 153°21.80' east

•to latitude 26°54.01' south, longitude 153°17.06' east

•to latitude 26°50.58' south, longitude 153°15.07' east

•to latitude 26°47.17' south, longitude 153°16.84' east

•to latitude 26°36.92' south, longitude 153°13.30' east

•to latitude 26°13.70' south, longitude 153°08.79' east

•to latitude 26°4.76' south, longitude 153° 9.26' east

•to latitude 25°58.54' south, longitude 153°11.33' east

•to latitude 25°57.67' south, longitude 153°12.71' east

•to latitude 25°54.02' south, longitude 153°12.55' east

•to latitude 25°51.54' south, longitude 153°09.00' east

•to latitude 25°47.31' south, longitude 153°10.43' east

•to latitude 25°41.98' south, longitude 153°07.84' east

•to latitude 25°34.67' south, longitude 153°11.28' east

•to latitude 25°31.67' south, longitude 153°11.01' east

•to latitude 25°21.42' south, longitude 153°16.96' east

•to latitude 25°12.89' south, longitude 153°21.92' east

•to latitude 25°12.92' south, longitude 153°24.72' east

•to latitude 25°11.82' south, longitude 153°26.65' east

•to latitude 25°02.88' south, longitude 153°23.79' east

•to latitude 24°58.38' south, longitude 153°29.22' east

•to latitude 24°54.25' south, longitude 153°24.20' east

•to latitude 24°41.85' south, longitude 153°23.00' east

•to latitude 24°42.05' south, longitude 153°28.11' east.

Division 2 Authorisation

20   Meaning of prescribed whiting and reference

(1)Generally, prescribed whiting means red spot whiting or stout whiting.

(2)A reference to a quantity of prescribed whiting (however expressed) is a reference to a quantity of fish consisting of either or both of the following—

(a)red spot whiting;

(b)stout whiting.

21   What fish may be taken

The following fish (each the permitted fish) may be taken under the licence—

(a)prescribed whiting;

(b)any of the following fish, if the fish are taken while taking prescribed whiting—

(i)Balmain bug;

(ii)cuttlefish;

(iii)goatfish;

(iv)Moreton Bay bug;

(v)octopus;

(vi)squid;

(vii)threadfin bream;

(viii)yellowtail scad.

22   Way fish may be taken

(1)Permitted fish may be taken only by using an otter trawl net or seine net that complies with this section.

(2)The net must not be longer than 88m and must have a mesh size of at least 38mm.

(3)For subsection (2), the length of the net must be worked out from the combined length of the following ropes when taut—

(a)the head and bottom ropes;

(b)the rope fixing the net’s opening size;

(c)the ropes to which the net’s mesh is attached;

(d)the part of another rope, other than a lazy line or log rope, to which a wing net is attached.

(4)For an otter trawl net—

(a)each of its sweeps must not be longer than 128m; and

(b)the net must not be used from a boat longer than 20m; and

(c)the net must be used with a TED that complies with schedule 2, part 2, division 11.

(5)For subsection (4)(a), an otter trawl net’s sweeps includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the net.

(6)However, if 2 or more fittings mentioned in subsection (5) are joined to make a single fitting, the single fitting is 1 sweep.

(7)For a seine net—

(a)each of the 2 haul ropes attached to the net must not be longer than 2,500m; and

(b)the end of the haul rope that is first deployed when the net is deployed must be marked with a floating buoy that is clearly visible on the surface of the water; and

(c)the net must not be used from a boat longer than 25m.

Note—

A seine net described in subsection (7) is commonly known as a Danish seine net.

23   Prescribed whiting may be taken only with unused entitlements

Prescribed whiting may be taken in a T4-ITQ year only if the whiting is taken under T4-ITQ units with unused entitlements for the T4-ITQ year.

24   Annual quota entitlement for goatfish and yellowtail scad

(1)This section applies to the following fish—

(a)goatfish;

(b)yellowtail scad.

(2)The annual quota of each of the fish that may be taken under the licence in a T4-ITQ year is the amount worked out using the following formula—

AQ = DAQ/L x N
where—

AQ is the annual quota of the fish, in kilograms, that may be taken under the licence in the year.

DAQ is the total quota entitlement for the fish, expressed in kilograms, stated in the quota declaration for the commercial trawl fishery (fin fish) for the year (the relevant declaration).

L is the total number of T4 licences that are in force when the relevant declaration is made.

N is the number of fishery symbols ‘T4’ written on the licence.

Division 3 [Repealed]

Subdivision 1 [Repealed]

25   [Repealed]

26   [Repealed]

27   [Repealed]

Subdivision 2 [Repealed]

28   [Repealed]

29   [Repealed]

30   [Repealed]

31   [Repealed]

Subdivision 3 [Repealed]

32   [Repealed]

33   [Repealed]

34   [Repealed]

Subdivision 4 [Repealed]

35   [Repealed]

36   [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

Schedule 9 Fish and management regions for particular quota units

sections 91A, 106C, 106J, 106R and 106Y(1)

Part 1    Line units

Line unit	Prescribed coral reef fin fish
CT line unit	regulated coral trout
RTE line unit	redthroat emperor
OS line unit	other regulated coral reef fin fish

Part 2    ENL-ITQ units

ENL-ITQ unit	Prescribed ENL-ITQ fish	Prescribed ENL management region	Fishery symbol
GM5-ITQ unit	grey mackerel	east coast inshore management region 5	‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ ‘L1’ ‘N10’, ‘N15’
SCM5-ITQ unit	school mackerel	east coast inshore management region 5	‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ ‘L1’ ‘N10’, ‘N15’
WT5-ITQ unit	whiting	east coast inshore management region 5	‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ ‘L1’ ‘N10’, ‘N11’, ‘N15’

Part 3    C1-ITQ units

C1-ITQ unit	Prescribed crab	Prescribed crab management region
BC1-ITQ unit	blue swimmer crab	blue swimmer crab management region
EC1-ITQ unit	mud crab	mud crab east coast management region
GC1-ITQ unit	mud crab	mud crab Gulf of Carpentaria management region

Part 4    Hand-harvest ITQ units

Hand-harvest ITQ unit	Prescribed hand-harvest ITQ fish
B1B-ITQ unit	black teatfish
B1W-ITQ unit	white teatfish
B1O-ITQ unit	other sea cucumber
DS-ITQ unit	specialty coral
DO-ITQ unit	other coral
G-ITQ unit	shell grit
J1-ITQ unit	trochus
R-ITQ unit	red champagne lobster and tropical rocklobster

Part 5    Select coral ITQ units

Select coral ITQ unit	Prescribed
DS22-ITQ unit	Euphyllia glabrescens
DS23-ITQ unit	Fimbriaphyllia ancora
DS28-ITQ unit	Cycloseris cyclolites
DS36-ITQ unit	Acanthophyllia deshayesiana
DS39-ITQ unit	Homophyllia cf. australis
DS48-ITQ unit	Micromussa lordhowensis
DS74-ITQ unit	Trachyphyllia geoffroyi

Schedule 10 Effort unit conversion factor for boats

section 70(3) definition EUCF

Number of hull units for boat	Effort unit conversion factor for boat
1	3
2	5
3	6
4	7
5	9
6	10
7	11
8	12
9	13
10	14
11	15
12	16
13	17
14	18
15	19
16	20
17	21
18	22
19	23
20	24
21	25
22	26
23	27
24	28
25	28
26	29
27	30
28	31
29	32
30	33
31	33
32	34
33	35
34	36
35	37
36	37
37	38
38	39
39	40
40	40
41	41
42	42
43	43
44	43
45	44
46	45
47	46
48	46
49	47
50	48
51	49
52	49
53	50
54	51
55	51
56	52
57	53
58	54
59	54
60	55
61	56
62	56
63	57
64	58
65	58
66	59
67	60
68	60
69	61
70	62
71	62
72	63
73	64
74	64
75	65
76	66
77	66
78	67
79	68
80	68
81	69
82	70
83	70
84	71
85	71
86	72
87	73
88	73
89	74
90	75
91	75
92	76
93	76
94	77
95	78
96	78
97	79
98	80
99	80
100	81
101	81
102	82
103	83
104	83
105	84
106	84
107	85
108	86
109	86
110	87
111	87
112	88
113	89
114	89
115	90
116	90
117	91
118	92
119	92
120	93

Schedule 11 Dictionary

section 3

administrative conditions ...

annual, in relation to a quota or total quota entitlement, unless otherwise provided, means the period from 1 January to 31 December.

appropriately marked means marked using writing that is—

(a)permanent; and

(b)raised or recessed; and

(c)legible, visible and in English.

approved logbook, for chapter 5, see section 122.

approved logbook (commercial fishing), for chapter 5, see section 122.

approved logbook (TEP animal interaction), for chapter 5, see section 122.

assistant fisher see section 44.

authorised boat—

(a)for chapter 2, part 4, see section 24; or

(b)for a primary commercial fishing licence, means each of the following—

(i)the primary boat identified in the licence (if any);

(ii)each tender boat authorised under the Act to be used under the licence.

authorised person, for chapter 2, part 2, division 1, see section 7.

authorised tender boat number, for chapter 3, part 4, division 2, see section 61.

barramundi (Gulf) regulated period ...

blue swimmer crab management region see schedule 7, section 12E.

boat mark, for a boat used under an authority, see section 25.

boat mark notice, for chapter 2, part 4, see section 24(b).

BRD, for schedule 2, see schedule 2, section 96(1).

Brisbane River mouth area–north ...

Brisbane River mouth area–south ...

Brisbane River–Victoria Bridge to Juno Point area ...

C1-ITQ year see section 106I.

C2-ITQ year see section 97.

catch disposal record, for chapter 6, part 2, see section 163(1).

central area ...

Cleveland Bay area, in relation to the east coast trawl fishery, see schedule 2, section 145.

Comboyuro Point to Caloundra Head area ...

compliant crab bag means a crab bag that—

(a)is made of mesh of a mesh size of at least 88mm; and

(b)has a circumference of no more than 50 meshes; and

(c)is installed—

(i)inside the cod end of the net; and

(ii)at no more than 50 meshes from the cod end drawstrings of the net.

crab apparatus, for schedule 7, part 1, see schedule 7, section 5(1).

deep water net area, in relation to the east coast trawl fishery, see schedule 2, section 146.

defined port area means the area of a port mentioned in the Transport Infrastructure (Ports) Regulation 2016, schedule 2.

domestic commercial vessel (class 1 or 2) means a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating the vessel is a class 1 or 2 vessel.

drop line, for schedule 3, part 4, see schedule 3, section 32(1)(a).

earlier pre-trip notice, for chapter 6, part 1, see section 139(1)(a).

east coast inshore management region 1 see schedule 4, section 155.

east coast inshore management region 2 see schedule 4, section 156.

east coast inshore management region 3 see schedule 4, section 157.

east coast inshore management region 4 see schedule 4, section 158.

east coast inshore management region 5 see schedule 4, section 159.

eastern N11 area see schedule 4, section 116(2).

effort units ...

effort year see section 66.

ENL-ITQ licence, in relation to an ENL-ITQ unit, see section 106C(3).

ENL-ITQ year see section 106B.

entitlement under a select coral ITQ unit, see section 106ZA(2)(a).

escape hole, for schedule 2, see schedule 2, section 115(2)(b).

Facing Island area, in relation to the east coast trawl fishery, see schedule 2, section 147.

first licence, for chapter 3, part 4, division 2, see section 62(1)(a).

Fisherman Island area ...

fisher PIN, for line units, SM units or T4-ITQ units, means a 4-digit number identifying the holder of the units—

(a)issued by the chief executive under the Act to the holder; or

(b)if a fisher PIN issued to the holder has been changed under the Act—the fisher PIN as changed.

fishery provision, about a commercial fishery, means a provision of schedules 2 to 8 about the commercial fishery.

Fitzroy River mouth area, in relation to the east coast trawl fishery, see schedule 2, section 148.

Great Sandy Strait area ...

Gulf N11 area see schedule 4, section 116(3).

hand-harvest ITQ licence—

(a)in relation to a hand-harvest ITQ unit, see section 106R(2); or

(b)in relation to a select coral ITQ unit, see section 106Y(2).

hand-harvest ITQ year see section 106P.

hand-harvest only commercial fishery means any of the following commercial fisheries—

(a)aquarium fish fishery;

(b)sea cucumber fishery (east coast);

(c)coral fishery;

(d)eel fishery;

(e)shell fishery;

(f)shell grit fishery;

(g)star sand fishery;

(h)trochus fishery (east coast);

(i)juvenile eel fishery;

(j)oyster fishery;

(k)pearl fishery;

(l) commercial crayfish and rocklobster fishery;

(m)beachworm fishery;

(n)bloodworm fishery;

(o)marine yabby fishery.

Hervey Bay area, in relation to the east coast trawl fishery, see schedule 2, section 149.

ITQ year ...

Keppel Bay area, in relation to the east coast trawl fishery, see schedule 2, section 150.

Laguna Bay area, in relation to the east coast trawl fishery, see schedule 2, section 151.

landing period ...

landing place ...

limited pre-trip notice, for chapter 6, part 1, see section 139(2).

line unit ...

line unit holder ...

line year see section 90.

Llewellyn Bay area ...

Logan River area ...

M1 and M2 area ...

Moreton Bay (trawling) ...

mud crab east coast management region see schedule 7, section 12D.

mud crab Gulf of Carpentaria management region see schedule 7, section 12C.

N11 fish means fish that may, under schedule 4, be taken in the N11 fishery.

N11 fishery means the fishery described in schedule 4, part 7.

nominee ...

northern area ...

ocean beach fishery, for chapter 2, part 3, see section 16.

ocean beach fishery flag, for chapter 2, part 3, see section 16.

ocean beach net area, for chapter 2, part 3, see section 16.

other coral means—

(a)coral of the class Anthozoa or Hydrozoa that is not specialty coral or select coral; or

(b)live rock.

other sea cucumber means sea cucumber other than black teatfish and white teatfish.

permitted fish—

(a)for schedule 2, see schedule 2, section 4; or

(b)for schedule 8, part 3, see schedule 8, section 21.

power assisted device means an electrical or mechanical device for setting or retrieving fishing apparatus.

prescribed coral reef fin fish, in relation to a line unit, see section 91A.

prescribed crab, in relation to a C1-ITQ unit, see section 106J(1).

prescribed crab management region, in relation to a C1-ITQ unit, see section 106J(2).

prescribed ENL-ITQ fish, in relation to an ENL-ITQ unit, see section 106C(1).

prescribed ENL management region, in relation to an ENL-ITQ unit, see section 106C(2).

prescribed hand-harvest ITQ fish, in relation to a hand-harvest ITQ unit, see section 106R(1).

prescribed numerical code, for a place, means the sequence of numbers that—

(a)may be used to identify the latitude and longitude coordinates for the place; and

(b)is nominated by the chief executive; and

(c)is published on the department’s website.

prescribed person ...

prescribed select coral, in relation to a select coral ITQ unit, see section 106Y(1).

prescribed whiting see schedule 8, section 20(1).

pre-trip notice—

(a)for chapter 6, part 1, division 2, see section 138(2); or

(b)for chapter 6, part 1, division 3, see section 145(2).

pre-trip particulars—

(a)for chapter 6, part 1, division 2, see section 138(3); or

(b)for chapter 6, part 1, division 3, see section 145(3).

primary boat mark, for a net, means the boat mark for the boat from which the net is used.

principal bug, for schedule 2, see schedule 2, section 4(a)(ii).

principal fish, for schedule 2, see schedule 2, section 4(a).

prior notice ...

prior notice area ...

prior notice deadline ...

prior notice particulars ...

proposed landing place, for a fishing operation, for chapter 6, part 1, see section 136.

purpose of a BRD, for schedule 2, see schedule 2, section 96(2).

purpose of a TED, for schedule 2, see schedule 2, section 114(2).

quota authority certificate see section 109(3).

quota units, for chapter 4, part 6, see section 107.

quota year, for chapter 4, part 6, see section 107.

ready to fish, for chapter 2, part 3, see section 17.

recognised BRD, for schedule 2, see schedule 2, section 97.

recognised TED, for schedule 2, see schedule 2, section 115(1)(a).

recreational fishing operation, for chapter 6, part 1, see section 136.

relevant day, for chapter 4, part 1, division 4, subdivision 1, see section 74(1).

relevant fishery, for schedule 8, part 2, see schedule 8, section 11.

relevant line fishery—

(a)for schedule 5, see schedule 5, section 1; or

(b)for schedule 6, see schedule 6, section 1.

Repulse Bay area, in relation to the east coast trawl fishery, see schedule 2, section 152.

second licence, for chapter 3, part 4, division 2, see section 62(1)(b).

select coral means coral of the following species—

(a)Acanthophyllia deshayesiana;

(b)Cycloseris cyclolites;

(c)Euphyllia glabrescens;

(d)Fimbriaphyllia ancora;

(e)Homophyllia cf. australis;

(f)Micromussa lordhowensis;

(g)Trachyphyllia geoffroyi.

select coral ITQ year see section 106X.

Sinclair Bay area ...

SM unit holder ...

SM year see section 83.

specialty coral means—

(a)hard coral other than—

(i)hard coral of the family Acroporidae or Pocilloporidae; or

(ii)select coral; or

(b)sea anemones.

steaming day, for effort units for a trawl region, see section 69(1)(b).

T1 area, in relation to the east coast trawl fishery, see schedule 2, section 153.

T2 area ...

T4-ITQ unit holder ...

T4-ITQ year see section 102.

T5 area, in relation to the east coast trawl fishery, see schedule 2, section 154.

T6 area, in relation to the east coast trawl fishery, see schedule 2, section 155.

T7 area, in relation to the east coast trawl fishery, see schedule 2, section 156.

T8 area, in relation to the east coast trawl fishery, see schedule 2, section 157.

T9 area, in relation to the east coast trawl fishery, see schedule 2, section 158.

TED, for schedule 2, see schedule 2, section 114(1).

TEP animal, for chapter 5, see section 122.

transhipment notice ...

transport vessel—

(a)generally, means a domestic commercial vessel (class 1 or 2); and

(b)for fish taken under a D, L4, N3, N12, N13 or R licence, includes a primary boat being used under another D, L4, N3, N12, N13 or R licence held by the same person.

trap pocket entrance ...

trawling, for schedule 2, see schedule 2, section 1.

trawl licence means a primary commercial fishing licence for the east coast trawl fishery.

trawl region means a trawl region for effort units described in schedule 2, part 4, division 1.

under direction—

(a)for the commercial trawl fishery (fin fish)—see section 45; or

(b)for the east coast trawl fishery—see section 46; or

(c)for another commercial fishery—see section 47.

unit PIN, for line units, SM units or T4-ITQ units, means a 4-digit number identifying the units—

(a)issued by the chief executive under the Act to the holder of the units; or

(b)if a unit PIN issued to the holder of the units has been changed by the chief executive under the Act—the unit PIN as changed.

unloaded fish notice ...

unloading area ...

unloading particular ...

unnotifiable landing notice ...

unused entitlement—

(a)for effort units, see section 70(6); or

(b)for SM units, see section 87(2); or

(c)for line units, see section 94(2); or

(d)for C2-ITQ units, see section 100(2); or

(e)for T4-ITQ units, see section 105(2); or

(f)for ENL-ITQ units, see section 106F(2); or

(g)for C1-ITQ units, see section 106M(2); or

(h)for hand-harvest ITQ units, see section 106U(2); or

(i)for select coral ITQ units, see section 106ZB(2).

usage notice, for chapter 4, part 1, division 3, see section 72(2).

used—

(a)for an entitlement under effort units, see section 70(1); or

(b)for an entitlement under an SM unit, see section 87(1); or

(c)for an entitlement under a line unit, see section 94(1); or

(d)for an entitlement under a C2-ITQ unit, see section 100(1); or

(e)for an entitlement under a T4-ITQ unit, see section 105(1); or

(f)for an entitlement under an ENL-ITQ unit, see section 106F(1); or

(g)for an entitlement under a C1-ITQ unit, see section 106M(1); or

(h)for an entitlement under a hand-harvest ITQ unit, see section 106U(1); or

(i)for an entitlement under a select coral ITQ unit, see section 106ZB(1).

weight notice see section 159(6).

whole weight—

(a)for an amount of spanish mackerel—see section 84; or

(b)for an amount of regulated coral reef fin fish—see section 91; or

(c)for an amount of red champagne lobster or tropical rocklobster—see section 106Q; or

(d)for an amount of crab—means the weight of an entire intact crab; or

(e)for other fish—means the weight, in kilograms, of the fish.