Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2004 (Qld)

Queensland Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2004 Subordinate Legislation 2004 No. 213 made under the FisheriesAct1994 Contents Part 1 1 2 3 Part 2 4 5 6 Part 3 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Management plan amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendments that commence on notification Amendment of s 29 (Saucer scallops—regulated by size, time and amount) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of s 224 (Saucer scallops) . . . . . . . . . . . . . . . . . . . . 3 Amendment of sch 7 (Aids to interpretation and definitions) . . . . 3 Amendments that commence on 21 December 2004 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 224 (Saucer scallops) . . . . . . . . . . . . . . . . . . . . 5

s1 2 s4 Fisheries (East Coast Trawl) Amendment Management No. 213, 2004 Plan (No. 1) 2004 Part 1 Preliminary 1 Short title This management plan may be cited as the Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2004 . 2 Commencement Part 3 commences on 21 December 2004. 3 Management plan amended This management plan amends the Fisheries (East Coast Trawl) Management Plan 1999. Part 2 Amendments that commence on notification 4 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) (1) Section 29(4), after ‘January,’— insert — ‘other than during the period mentioned in subsection (5),’. (2) Section 29(5) and (6)— omit, insert — ‘(5) From midday on 1 November 2004 to midday on 20 December 2004, the percentage is 7% of saucer scallops that are less than 9 cm.

s5 3 s6 Fisheries (East Coast Trawl) Amendment Management No. 213, 2004 Plan (No. 1) 2004 ‘(6) A percentage mentioned in subsection (3), (4) or (5) must be worked out in the way stated in schedule 7, section 10A. 1 ’. 5 Amendment of s 224 (Saucer scallops) (1) Section 224(d), after ‘December’— insert — ‘for a year other than 2004’. (2) Section 224— insert — ‘(da) from midday on 1 November 2004 to midday on 20 December 2004—7% of saucer scallops that are less than 9 cm;’. (3) Section 224(da) and (e)— renumber as section 224(e) and (f). (4) Section 224— insert — ‘(2) The threshold percentage must be worked out in the way stated in schedule 7, section 10A. 2 ’. 6 Amendment of sch 7 (Aids to interpretation and definitions) Schedule 7, part 1— insert — 1 Schedule 7 (Aids to interpretation and definitions), section 10A (Working out percentage of saucer scallops of relevant size) 2 Schedule 7 (Aids to interpretation and definitions), section 10A (Working out percentage of saucer scallops of relevant size)

s6 4 s6 Fisheries (East Coast Trawl) Amendment Management No. 213, 2004 Plan (No. 1) 2004 ‘10A Working out percentage of saucer scallops of relevant size ‘(1) This section states the way the percentage of saucer scallops of a relevant size, for a period mentioned in section 29 or 224, must be worked out. 3 ‘(2) The percentage must be worked out by— (a) counting all of the saucer scallops of the relevant size and expressing the number of saucer scallops of the relevant size as a percentage of the total number of saucer scallops taken or possessed; or (b) statistical sampling and testing as follows— (i) collecting information (the sample data ) about the total number of saucer scallops taken or possessed by taking a random sample of the saucer scallops and counting the number of saucer scallops of the relevant size; (ii) using the sample data and a statistical method to estimate, based on a probability of 95%, the percentage of the total number of saucer scallops taken or possessed that are of the relevant size. ‘(3) For subsection (2)(b), a saucer scallop that is not whole, including, for example, a saucer scallop that is cut, dismembered, shelled or shucked, must not be counted or included in a sample. ‘(4) In this section— relevant size , for a period mentioned in section 29 or 224, means the size, expressed as being less than a stated size, stated in the section for the period. Example for identifying what are ‘saucer scallops of a relevant size’ for a period — Saucer scallops of a relevant size for the period mentioned in section 29(4) are saucer scallops that are less than 9.5 cm.’. 3 Section 29 (Saucer scallops—regulated by size, time and amount) or 224 (Saucer scallops)

s7 5 s8 Fisheries (East Coast Trawl) Amendment Management No. 213, 2004 Plan (No. 1) 2004 Part 3 Amendments that commence on 21 December 2004 7 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) (1) Section 29(4), from ‘other’ to ‘subsection (5),’— omit. (2) Section 29(5)— omit . (3) Section 29(6), ‘subsection (3), (4) or (5)’— omit, insert — ‘subsection (3) or (4)’. (4) Section 29(6)— renumber as section 29(5). 8 Amendment of s 224 (Saucer scallops) (1) Section 224(1)(d), ‘for a year other than 2004’— omit. (2) Section 224(1)(e)— omit. (3) Section 224(1)(f)— renumber as section 224(1)(e). ENDNOTES 1 Made by the chief executive on 21 September 2004. 2 Approved by the Governor in Council on 7 October 2004. 3 Notified in the gazette on 8 October 2004. 4 Laid before the Legislative Assembly on . . . 5 The administering agency is the Department of Primary Industries and Fisheries.

© State of Queensland 2004