Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2016 (Qld)

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1   Short title

This plan may be cited as the Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2016 .

2   Commencement

This plan commences on 15 July 2016.

3   Plan amended

This plan amends the Fisheries (East Coast Trawl) Management Plan 2010 .

4   Amendment of s 49 (Scallop square mesh cod end)

Section 49(2)(b)(ii)— omit, insert
(ii)1500mm long.

5   Amendment of s 61 (Compliance with TED use condition)

Section 61(2)(b), ‘section 62C’— omit, insert
section 62A

6   Insertion of new s 109B

Chapter 4, part 1, division 2, subdivision 1— insert

109B    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

7   Insertion of new ch 4, pt 1, div 3

Chapter 4, part 1— insert

Division 3 Prohibited activity

112A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

8   Insertion of new s 121B

Chapter 4, part 2, division 2, subdivision 1— insert

121B    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

9   Insertion of new ch 4, pt 2, div 3

Chapter 4, part 2— insert

Division 3 Prohibited activity

124A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

10   Insertion of new s 133B

Chapter 4, part 3, division 2, subdivision 1— insert

133B    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

11   Insertion of new ch 4, pt 3, div 3

Chapter 4, part 3— insert

Division 3 Prohibited activity

136A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

12   Insertion of new s 143A

Chapter 4, part 4, division 2, subdivision 1— insert

143A    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

13   Insertion of new ch 4, pt 4, div 3

Chapter 4, part 4— insert

Division 3 Prohibited activity

146A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

14   Insertion of new s 153A

Chapter 4, part 5, division 2, subdivision 1— insert

153A    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

15   Insertion of new ch 4, pt 5, div 3

Chapter 4, part 5— insert

Division 3 Prohibited activity

156A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

16   Insertion of new s 163A

Chapter 4, part 6, division 2, subdivision 1— insert

163A    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

17   Insertion of new ch 4, pt 6, div 3

Chapter 4, part 6— insert

Division 3 Prohibited activity

165A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

18   Insertion of new s 172A

Chapter 4, part 7, division 2, subdivision 1— insert

172A    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

19   Insertion of new ch 4, pt 7, div 3

Chapter 4, part 7— insert

Division 3 Prohibited activity

175A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

20   Insertion of new s 182A

Chapter 4, part 8, division 2, subdivision 1— insert

182A    Restriction on use of nets with particular fishing apparatus or attachments

(1)This section applies if a beam, otter board or trawl sled is used with a net.
(2)The net may be used only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of nets that must not be used—

1A net that uses a trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A net that uses a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.

21   Insertion of new ch 4, pt 8, div 3

Chapter 4, part 8— insert

Division 3 Prohibited activity

185A    Possession of particular fishing apparatus or attachments

(1)A person may possess a beam, otter board or trawl sled used with a net only if—
(a)the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor (the trawl shoe) is flat and smooth; and
(b)no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

Examples of trawl sleds a person may not possess—

1A trawl sled that has spikes attached to the horizontal surface of the underside of its trawl shoe.
2A trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below the trawl shoe.
(2)A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

22   Amendment of s 187 (Restrictions on processing scallops on commercial fishing boat)

(1)Section 187— number as section 187(2).
(2)Section 187— insert
(1)This section applies to the extent that processing a scallop involves more than sorting the scallop or removing half of the shell of the scallop.
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