Fisheries (East Coast Trawl) Management Plan 2010 (QLD)

Fisheries (East Coast Trawl) Management Plan 2010

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This management plan may be cited as the Fisheries (East Coast Trawl) Management Plan 2010.

2   Commencement

This plan commences at midday on 1 January 2011.

3   What is the east coast trawl fishery

The east coast trawl fishery is fishing for trade or commerce by the use of trawl nets (trawling) in the tidal waters east of longitude 142º31.89' east (the east coast trawl fishery waters).

4   Application of plan

This plan applies to the taking, possession and other uses of permitted fish taken under this plan from the east coast trawl fishery.

Part 2    Objective of plan and its achievement

5   Objective of plan and its achievement

(1)The objective of this plan is to provide for the use, conservation and enhancement of the community’s fisheries resources by managing the east coast trawl fishery in a way that seeks to—

(a)apply and balance the principles of ecologically sustainable development; and

(b)promote ecologically sustainable development.

(2)The objective is to be achieved mainly by—

(a)restricting access to the east coast trawl fishery to holders of licences on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written; and

(b)protecting scallops by the regulated waters declarations under this plan; and

(c)restricting the fishing apparatus used in the east coast trawl fishery; and

(d)requiring the use of a BRD or TED; and

(e)using effort units to restrict the use of commercial fishing boats in the east coast trawl fishery by holders of licences on which the fishery symbol ‘M1’, ‘T1’ or ‘T2’ is written.

(3)In this section—

ecologically sustainable development see section 3(5) of the Act.

Notes—

1In addition to the regulated waters declarations in this plan, other fisheries declarations under the regulation also apply to the east coast trawl fishery. For relevant fisheries declarations, see chapters 2, 3 and 4 and schedule 3 of the regulation.

2This plan does not regulate the taking of fish by recreational fishers in the east coast trawl fishery. For relevant provisions about that matter, see chapters 2, 3 and 4 and schedule 3 of the regulation.

Part 3    Interpretation

Division 1 Interpretation

6   Interpretation

(1)Unless this plan provides otherwise, terms used in it have the meaning given under the regulation.

(2)Subsection (1) is not limited to a term defined under the regulation but also applies to a provision of the regulation that aids the interpretation of a term used in the regulation.

Examples of provisions for subsection (2)—

chapter 1, part 2, divisions 3 to 7 of the regulation

(3)Schedule 4, parts 1 and 2 and the dictionary in schedule 4, part 3 define particular words used in this plan.

Division 2 Key definitions

7   What is a principal fish

A principal fish means any of the following fish—

(a)prawns;

(b)scallops;

(c)bugs;

(d)squid.

8   What is a permitted fish

A permitted fish means a principal fish or any of the following fish—

(a)Balmain bug;

(b)blue swimmer crab;

(c)cuttlefish;

(d)mantis shrimp;

(e)octopus;

(f)pipefish;

(g)red champagne lobster;

(h)slipper lobster;

(i)threadfin bream;

(j)three-spotted crab.

Chapter 2    Regulated waters declarations

Part 1    Preliminary

9   Operation of ch 2

This chapter provides for particular regulated waters declarations under the Act, section 37(5).

Note—

Chapter 2, part 13 of the regulation provides generally for exceptions to regulated waters declarations under this chapter.

Part 2    Declaration and regulation of regulated waters

10   Declaration and regulation of east coast trawl fishery waters

(1)The east coast trawl fishery waters are declared to be regulated waters.

(2)A person must not, in the east coast trawl fishery waters, take or possess scallops (family Pectinidae) during the regulated period.

(3)Particular east coast trawl fishery waters mentioned in schedule 1 are also regulated in the way stated in parts 3 to 8.

(4)In this section—

regulated period means the period beginning at midday on 1 May in a year and ending at midday on 31 October in the same year.

Part 3    Southern and northern regional regulated waters

Division 1 Southern regional regulated waters

11   Regulated waters for div 1

This division applies to the regulated waters mentioned in schedule 1, section 1.

12   Regulated period for div 1

For this division, the regulated period is from midday on 20 September to midday on 1 November.

13   Prohibited activities

A person must not, in the waters, possess or use a trawl net in the regulated period.

Note—

See section 126 (Possessing stowed and secured fishing apparatus) of the regulation.

Division 2 Northern regional regulated waters

14   Regulated waters for div 2

This division applies to the regulated waters mentioned in schedule 1, sections 2 and 3.

15   Regulated period for div 2

For this division, the regulated period is from midday on 15 December to midday on 1 March.

16   Prohibited activities

A person must not, in the waters, do any of the following in the regulated period—

(a)possess or use a trawl net;

(b)use a boat under a licence on which a fishery symbol mentioned in section 31(2) is written.

17   Exception for s 16

Despite section 16, a person may, in the waters mentioned in schedule 1, section 2, possess or use an otter trawl net, under a ‘T1’ licence, from midday on 3 January to midday on 1 March, if the net—

(a)is no longer than 109m; and

(b)has a mesh size of at least 75mm.

Part 4    Regulated waters for scallop ranching

18   Regulated waters for pt 4

This part applies to the Hervey Bay (scallop ranching area) waters.

Note—

See schedule 1 (Regulated waters) of the regulation.

19   Prohibited activities and regulated periods

(1)A person must not, in the waters, do any of the following—

(a)possess or use a trawl net;

(b)possess or use a boat that is identified under a ‘T1’ or ‘T2’ licence.

(2)Section 126 of the regulation does not apply in relation to possessing a trawl net under subsection (1)(a).

Note—

See section 126 (Possessing stowed and secured fishing apparatus) of the regulation.

Part 5    Regulated waters for scallop replenishment

20   Regulated waters for pt 5

This part applies to the regulated waters mentioned in schedule 1, part 2.

21   Prohibited activities

(1)A person must not, in the waters, do any of the following—

(a)possess or use a trawl net;

(b)possess or use a boat that is identified under a ‘T1’ or ‘T2’ licence (a relevant boat).

(2)Section 126 of the regulation does not apply in relation to possessing a trawl net under subsection (1)(a).

Note—

See section 126 (Possessing stowed and secured fishing apparatus) of the regulation.

(3)Despite subsection (1)(b), a person may possess or use a relevant boat in the waters if the person ensures the conditions mentioned in section 86(2) have been complied with.

Part 6    Reef world heritage area regulated waters

22   Regulated waters for pt 6

This part applies to the regulated waters mentioned in schedule 1, section 10.

23   Prohibited activities and regulated period

(1)This section applies if, in the waters, on a particular day (the base day) in a particular effort year (the base year), the following total entitlement for the following years are used—

(a)2010—2299139;

(b)2011—2278447;

(c)2012—2255663;

(d)2013—2233106;

(e)2014—2210775;

(f)2015—2188667;

(g)2016—2166780;

(h)2017—2145112;

(i)2018—2123661;

(j)2019—2102424;

(k)2020—2081400;

(l)2021—2060586;

(m)2022—2039980;

(n)2023—2019580.

(2)A person must not in the waters, in the regulated period, possess or use a trawl net to take fish under a ‘T1’ licence.

(3)Also, a person must not in the waters possess fish taken in contravention of subsection (2).

(4)For subsection (2), the regulated period starts at midday on the day that is 5 days after the base day and ends at midday on 1 January in the year after the base year.

Example for subsection (4)—

If the total entitlement is used on a Monday, the waters are closed from midday on the next Sunday until midday on 1 January in the next year.

24   Chief executive to give usage notice

(1)This section applies if the chief executive becomes aware that the fishing and steaming days—

(a)have been used under section 23(1); or

(b)are likely to be used under section 23(1) in the next month.

(2)The chief executive must immediately give each holder of a ‘T1’ licence a written notice (a usage notice) stating—

(a)if the fishing and steaming days have been used—

(i)the day the fishing and steaming days were used; and

(ii)the day the regulated period starts under section 23(4); or

(b)if the fishing and steaming days are likely to be used in the next month—that the fishing and steaming days are likely to be used in the next month.

25   Obligations of holders of ‘T1’ licences under usage notice

(1)This section applies if the holder of a ‘T1’ licence is given a usage notice.

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

(3)Subsection (4) applies if the usage notice states that the fishing and steaming days are 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 taking fish from the boat on that day—

(a)whether the fishing and steaming days have been used;

(b)if the person finds out by using the AIVR system that the fishing and steaming days have been used on that day or an earlier day—the day the regulated period will start under section 23(4).

(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 the subsection, for the person in control of the boat.

(6)In this section—

relevant boat, under a licence, means a boat that is to be used to take fish under the licence from regulated waters under this part.

Part 7    Southern trawl fishery area regulated waters

26   Regulated waters for pt 7

This part applies to the regulated waters mentioned in schedule 1, part 4.

27   Prohibited activities and regulated periods

(1)This section applies if, in the waters, during the relevant period for an effort year, 309014 effort units or more are used.

(2)A person must not, in the waters, after the relevant period for the effort year ends, use or allow someone else to use the following for more than 24 days each month in May, June and July in the effort year—

(a)a boat identified in any ‘T1’ licence;

(b)a boat identified in any ‘T2’ licence.

(3)However, subsection (2) does not apply to the use of a boat identified in a ‘T1’ or ‘T2’ licence if—

(a)the boat is also identified in a licence with a fishery symbol, other than a ‘T1’ or ‘T2’ fishery symbol, written on it; and

(b)the boat is being used in the waters under the other fishery symbol.

(4)In this section—

relevant period means the period from 1 November to 31 March.

Part 8    Other particular regulated waters

28   Regulated waters for pt 8

This part applies to the regulated waters mentioned in schedule 1, part 5.

29   Prohibited activities and regulated periods

A person must not, in the waters, possess or use a trawl net—

(a)if, under schedule 1, part 5, a regulated period is stated for the waters—in the stated regulated period; or

(b)otherwise—at any time.

30   Exception for Laguna Bay area regulated waters

Despite section 29, a person may possess or use an otter trawl net in the Laguna Bay area regulated waters under a ‘T1’ or ‘T5’ licence.

Note—

See schedule 1, section 23 (Laguna Bay area).

Chapter 3    General provisions for licences and fishery symbols

Part 1    Licences and fishery symbols

Division 1 General provisions

31   Licences and fishery symbols for the east coast trawl fishery

(1)The licences for the east coast trawl fishery are the ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’ licences.

(2)The fishery symbols for the east coast trawl fishery are the ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ and ‘T9’ fishery symbols.

32   Who may fish

(1)A person may take fish in the east coast trawl fishery by trawling or possess fish taken from the fishery only if—

(a)either—

(i)the person holds a licence for the fishery; or

(ii)the holder of a licence for the fishery has allowed the person to take or possess fish under the licence; and

(b)the person is a commercial or assistant fisher.

(2)Also, a person may fish under a ‘T1’ or ‘T2’ licence in an effort year only if the holder of the licence holds unused effort units for the year.

Note—

See section 74 (When effort units are used for an effort year).

33   Assistant fishers

An assistant fisher may, under this plan, use or possess commercial fishing apparatus and take fish for trade or commerce (the activities) only if—

(a)the assistant fisher and a commercial fisher are on the same primary boat or tender boat; or

(b)the assistant fisher is on a tender boat for the primary boat for the commercial fishing boat licence under which the activities take place.

Division 2 Restrictions on writing fishery symbols on licences

34   Restrictions

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

(a)the licence is a replacement licence; or

(b)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence.

(2)However, the chief executive must not approve an application to amend an authority to write a fishery symbol on the authority if the result of the amendment would be—

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

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

(c)an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.

(3)However, the chief executive must not approve an application to amend an authority to remove a fishery symbol on the authority if the result of the amendment would be—

(a)an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.

(4)Also, the chief executive must not write—

(a)an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat for which—

(i)the hull units are more than 70; or

(ii)the main engine is more than 300 maximum continuous brake kW; or

(b)a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat if—

(i)the boat is longer than 14m; or

(ii)the boat’s main engine exceeds 300 maximum continuous brake kW.

(5)Also, for subsection (1)(b), the chief executive must not write an ‘M2’ fishery symbol on a licence that would allow the use of a boat for which the hull units are more than the hull units for a boat that can be used under the licence from which the fishery symbol is being moved.

(6)However, the chief executive may write an ‘M2’ fishery symbol on a licence that would otherwise contravene subsection (5) if the holder of the licence surrenders another ‘M2’ licence.

Part 2    Fish that may be taken

35   Condition that only permitted fish may be taken

Each licence for the east coast trawl fishery is subject to a condition that only permitted fish may be taken under the licence.

36   Condition applies to everyone acting under licence

The condition under section 35 also applies to anyone acting under a licence for the east coast trawl fishery.

Part 3    Use of BRDs

Division 1 Preliminary

37   Application and purpose of pt 3

This part—

(a)applies if, under chapter 4, a BRD must be used with a net used under a provision of that chapter; and

(b)prescribes an additional condition to which the licence under which the net is used is subject.

38   Purpose of BRD

The purpose of a BRD is to reduce the level of bycatch taken by the use of the net to the lowest level that allows the economically viable use of the net, having regard to the sustainability of the east coast trawl fishery’s ecological systems.

Division 2 BRD use condition

39   Requirement to achieve purpose

(1)The licence under which the net is used is subject to a condition (the BRD use condition) that the use of the net must achieve the purpose of a BRD.

(2)The BRD use condition also applies to anyone acting under the licence.

Division 3 Compliance with BRD use condition

Subdivision 1 General provision for compliance

40   How to comply

The BRD use condition is taken to be complied with if a device (a recognised BRD) that complies with—

(a)for an otter trawl net used to trawl for prawns—sections 42 to 48; or

(b)for an otter trawl net used to trawl for bugs or scallops—section 49; or

(c)for a beam trawl net—subdivision 3;

is used with the net.

Subdivision 2 Recognised BRDs for otter trawl nets

41   Application of sdiv 2

This subdivision applies only to an otter trawl net.

42   Square mesh cod end—northern area or central area

(1)The cod end of a net used in the northern area or central area is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 50mm; and

(b)at least—

(i)80 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(5)During trawling, nothing must cover any of the square mesh.

43   Square mesh cod end—deep water net area

(1)The cod end of a net used in the deep water net area is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of be square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)80 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(5)During trawling, nothing must cover any of the square mesh.

44   Square mesh cod end—shallow area

(1)The cod end of a net used outside of the northern area, central area and deep water net area is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 38mm; and

(b)at least—

(i)80 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)The square mesh must have installed in it a panel made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)300mm wide; and

(ii)300mm long.

(5)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(6)During trawling, nothing must cover any of the square mesh.

45   Square mesh panel—outside of central area

(1)A panel of a net used outside of the central area is a recognised BRD if the panel complies with this section.

(2)The panel must be in the top of the cod end of the net.

(3)The panel must consist of a surrounding panel around a centre panel.

(4)The panel must be installed so that—

(a)the trailing edge of the surrounding panel is no more than 35 meshes from the cod end drawstrings of the net; and

(b)the trailing edge of the centre panel is no more than 40 meshes from the cod end drawstrings of the net.

(5)The surrounding panel must be made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)550mm wide; and

(ii)700mm long.

(6)The centre panel must be made of square mesh of—

(a)a mesh size of at least 55mm; and

(b)at least—

(i)250mm wide; and

(ii)300mm long.

(7)Nothing must cover any of the square mesh during trawling.

46   Fisheye

(1)An opening in the net used in the east coast trawl fishery is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)held open by a rigid frame that consists of—

(i)a semicircular-shaped frame; and

(ii)an isosceles triangle-shaped frame; and

(b)no more than 66 meshes from the cod end drawstrings of the net.

(3)The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.

(4)The semicircular-shaped frame must be—

(a)at least—

(i)350mm wide; and

(ii)150mm high; and

(b)divided in half by a rigid bar; and

(c)attached, by a rigid bar—

(i)from the midpoint of the semicircular-shaped part of the frame; and

(ii)to the apex of the equal sides of the isosceles triangle-shaped frame.

(5)The shortest side of the isosceles triangle-shaped frame must be—

(a)equal to the width of the semicircular-shaped frame; and

(b)attached, perpendicularly, to the widest part of the semicircular-shaped frame.

(6)Nothing must cover any part of the opening during trawling.

47   Bigeye

(1)An opening in a net used in the east coast trawl fishery is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)in the top of the net; and

(b)at least 350mm across the width of the net; and

(c)no more than 66 meshes from the cod end drawstrings of the net.

(3)The edges of the opening must not overlap by more than 200mm.

(4)During trawling—

(a)the part of the opening closest to the mouth of the net must be weighted by chain links or other weights; and

(b)the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 2 floats, each of which is at least—

(i)90mm wide; and

(ii)50mm in diameter; and

(c)nothing must cover any part of the opening.

48   V-cut and bell cod end—outside of central area and deep water net area

(1)A combination of the cod end of a net used outside of the central area and deep water net area and a V-cut opening in the cod end is a recognised BRD if—

(a)the last 33 meshes of the net from the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end; and

(b)the opening complies with subsections (3) and (4); and

(c)nothing covers any part of the opening during trawling.

(2)However, subsection (1)(c) does not apply if—

(a)the meshes are left attached along the forward edge of the opening leaving a flap of net; and

(b)the edges of the flap do not extend wider than the opening during trawling.

(3)The opening must—

(a)be in the top of the net; and

(b)have 2 diagonal forward measurements of 10 bars of the net; and

(c)have a lateral measurement along its forward edge of 11 meshes of the net.

(4)The apex of the opening must not be more than 45 meshes of the net from the drawstrings.

49   Scallop square mesh cod end

(1)The cod end of a net used in the east coast trawl fishery is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

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

(b)at least—

(i)50 bars in circumference; and

(ii)1500mm long.

(3)The square mesh must be no more than 15 meshes from the cod end drawstrings of the net.

(4)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(5)During trawling, nothing must cover any of the square mesh other than a compliant chaffing mat.

Subdivision 3 Recognised BRDs for beam trawl nets

50   Application of sdiv 3

This subdivision applies only to a beam trawl net.

51   Square mesh cod end

(1)The cod end of the net is a recognised BRD if the cod end complies with this section.

(2)The cod end must be made of square mesh of—

(a)a mesh size of at least 31mm; and

(b)at least—

(i)100 bars in circumference; and

(ii)50 bars long.

(3)The square mesh must be no more than 25 meshes from the cod end drawstrings of the net.

(4)The square mesh must have installed in it a panel made of square mesh of—

(a)a mesh size of at least 45mm; and

(b)at least—

(i)300mm wide; and

(ii)300mm long.

(5)If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes.

(6)During trawling, nothing must cover any of the square mesh.

52   Square mesh panel

(1)A panel of the net is a recognised BRD if the panel complies with this section.

(2)The panel must be in the top of the cod end of the net.

(3)The panel must consist of a surrounding panel around a centre panel.

(4)The surrounding panel must be made of square mesh of—

(a)a mesh size of at least 40mm; and

(b)at least—

(i)450mm wide; and

(ii)600mm long.

(5)The centre panel must be made of square mesh of—

(a)a mesh size of at least 50mm; and

(b)at least—

(i)200mm wide; and

(ii)300mm long.

(6)The panel must be installed so that—

(a)the trailing edge of the surrounding panel is no more than 60 meshes from the cod end drawstrings of the net; and

(b)the trailing edge of the centre panel is no more than 65 meshes from the cod end drawstrings of the net.

(7)Nothing must cover any of the square mesh during trawling.

53   Fisheye

(1)An opening in the net is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)held open by a rigid frame that consists of—

(i)a semicircular-shaped frame; and

(ii)an isosceles triangle-shaped frame; and

(b)no more than 80 meshes from the cod end drawstrings of the net.

(3)The rigid frame must be installed so that the apex of the equal sides of the isosceles triangle-shaped frame point towards the opening of the net.

(4)The semicircular-shaped frame must be—

(a)at least—

(i)230mm wide; and

(ii)100mm high; and

(b)divided in half by a rigid bar; and

(c)attached, by a rigid bar—

(i)from the midpoint of the semicircular-shaped part of the frame; and

(ii)to the apex of the equal sides of the isosceles triangle-shaped frame.

(5)The shortest side of the isosceles triangle-shaped frame must be—

(a)equal to the width of the semicircular-shaped frame; and

(b)attached, perpendicularly, to the widest part of the semicircular-shaped frame.

(6)Nothing must cover any part of the opening during trawling.

54   Bigeye

(1)An opening in the net is a recognised BRD if the opening complies with this section.

(2)The opening must be—

(a)in the top of the net; and

(b)at least 230mm across the width of the net; and

(c)no more than 80 meshes from the cod end drawstrings of the net.

(3)The edges of the opening must not overlap by more than 200mm.

(4)During trawling—

(a)the part of the opening closest to the mouth of the net must be weighted by chain links or other weights; and

(b)the part of the opening closest to the cod end drawstrings of the net must be buoyed by at least 1 float that is at least—

(i)90mm wide; and

(ii)50mm in diameter; and

(c)nothing must cover any part of the opening.

55   [Repealed]

56   V-cut and bell cod end

(1)A combination of the net’s cod end and a V-cut opening in the cod end is a recognised BRD if—

(a)the following number of the meshes of the net before the cod end drawstrings of the net have a circumference of at least 150% of the rest of the cod end—

(i)if the net has a mesh size of less than 31mm—50;

(ii)if the net has a mesh size of 31mm or more—40; and

(b)the opening complies with subsections (3) and (4); and

(c)nothing covers any part of the opening during trawling.

(2)However, subsection (1)(c) does not apply if—

(a)the meshes are left attached along the forward edge of the opening leaving a flap of net; and

(b)the edges of the flap do not extend wider than the opening during trawling.

(3)The opening must—

(a)be in the top of the net; and

(b)have 2 diagonal forward measurements of the following number of bars of the net each—

(i)if the net has a mesh size of less than 31mm—15;

(ii)if the net has a mesh size of 31mm or more—12; and

(c)have a lateral measurement along its forward edge of the following number of meshes of the net—

(i)if the net has a mesh size of less than 31mm—16;

(ii)if the net has a mesh size of 31mm or more—13.

(4)The apex of the opening must not be more than the following number of meshes of the net from the drawstrings—

(a)if the net has a mesh size of less than 31mm—65;

(b)if the net has a mesh size of 31mm or more—55.

57   [Repealed]

Part 4    Use of TEDs

Division 1 Preliminary

58   Application and purpose of pt 4

This part—

(a)applies if, under chapter 4, a TED must be used with a net used under a provision of that chapter; and

(b)prescribes an additional condition to which the licence under which the net is used is subject.

59   Purpose of TED

The purpose of a TED is to allow turtles to escape immediately after being taken in the net.

Division 2 TED use condition

60   Requirement to achieve purpose

(1)The licence under which the net is used is subject to a condition (the TED use condition) that the use of the net must achieve the purpose of a TED.

(2)The TED use condition also applies to anyone acting under the licence.

Division 3 Compliance with TED use condition

61   Compliance with TED use condition

(1)The TED use condition is taken to have been complied with if a device that complies with this division (a recognised TED) is used with the net.

(2)A recognised TED must consist of—

(a)a grid that complies with section 62(1) and (2); and

(b)an opening (the escape hole) in the net that complies with section 62A; and

(c)if the escape hole is in the bottom of the net—

(i)a grid that complies with section 62(3); or

(ii)floats that comply with section 62C; and

(d)a flap covering the escape hole that complies with section 62B.

(3)If an accelerator funnel is attached to a recognised TED, the accelerator funnel must comply with section 62D.

62   Grid requirements

(1)The grid must—

(a)be at least 810mm wide and 810mm high; and

(b)have vertical bars, spaced no more than 120mm apart, extending from the top to the bottom of the net; and

(c)be constructed as a single solid unit without any hinged or collapsible components; and

(d)be attached to the entire circumference of the net; and

(e)be installed and kept at an angle of between 30º and 55º in the net so that it is inclined towards the escape hole.

(2)The grid must be constructed of rigid material.

(3)Also, if the escape hole is in the bottom of the net, and the requirements under section 62C are not complied with, the grid must be—

(a)constructed of a material with a density of no more than the density of seawater; and

(b)appropriately marked with—

(i)the density of the material, expressed in g/cm3 or kg/cm3; and

(ii)the name of the grid’s manufacturer.

62A   Escape hole requirements

(1)The escape hole must allow turtles to escape immediately after the turtles are taken in the net.

(2)The escape hole must consist of—

(a)a horizontal cut that is—

(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and

(ii)no less than 610mm wide; and

(iii)no narrower than the grid, other than for 100mm at either side of the grid; and

(b)2 cuts that are each—

(i)in front of and perpendicular to the trailing edge of the grid; and

(ii)of equal length; and

(iii)no less than 660mm long if the escape hole is covered with a single flap, or no less than 510mm long if the escape hole is covered with a double flap; and

(c)a leading edge cut that, when the net is stretched, is no less than—

(i)1810mm, if the escape hole is covered with a single flap; or

(ii)1420mm, if the escape hole is covered with a double flap.

(3)Alternatively, the escape hole may consist of—

(a)a horizontal cut that is—

(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and

(ii)no less than 1020mm wide; and

(b)2 all bar cuts that each—

(i)are of equal length and no less than 1360mm long; and

(ii)taper from either end of the horizontal cut mentioned in paragraph (a) to where they meet.

(4)Alternatively, the escape hole may consist of—

(a)a horizontal cut that is—

(i)at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and

(ii)no less than 610mm wide; and

(iii)no narrower than the grid, other than for 100mm at either side of the grid; and

(b)2 cuts that are each—

(i)in front of and perpendicular to the trailing edge of the grid; and

(ii)of equal length; and

(iii)no less than 510mm long if the escape hole is covered with a double flap; and

(c)2 all bar cuts that—

(i)each intersect with, and are in front of, the perpendicular cuts mentioned in paragraph (b); and

(ii)are each of equal length and no less than 500mm long; and

(iii)allow the escape hole, at the intersections mentioned in subparagraph (i), to stretch to, if the escape hole is covered with a single flap, 1810mm, or if the escape hole is covered with a double flap, 1420mm.

(5)In this section—

all bar cut means a cut through parallel opposing bars in a row of meshes.

62B   Flap requirements

(1)The escape hole must be covered by a rectangular flap attached to the outside of the net.

(2)The flap must consist of 1 panel that—

(a)has a mesh size of no more than—

(i)for a net used to trawl for prawns—50mm; or

(ii)for a net used to trawl for scallops—90mm; and

(b)is no less than 3380mm by 1320mm; and

(c)does not overlap the escape hole by more than 130mm on either side; and

(d)is not sewn down the outside edges more than 150mm past the trailing edge of the grid; and

(e)is attached, by the longer edge, to the net in front of the leading edge of the escape hole.

(3)Alternatively, the flap may consist of 2 equal-sized panels that—

(a)each have a mesh size of no more than—

(i)for a net used to trawl for prawns—50mm; or

(ii)for a net used to trawl for scallops—90mm; and

(b)are each no less than 1470mm wide; and

(c)do not overlap by more than 380mm along the leading edge of the panels, when each panel is fully stretched; and

(d)are sewn together only along the leading edges of the panels; and

(e)are attached to the net in front of the leading edge of the escape hole.

(4)The trailing edge of a flap must not extend more than 610mm behind the trailing edge of the grid.

62C   Float requirements

(1)If the escape hole is in the bottom of the net and the grid does not comply with section 62(3), the following floats must be attached to the grid—

(a)if the grid has a circumference of no more than 3050mm, at least—

(i)2 small floats; or

(ii)1 medium float;

(b)if the grid has a circumference of more than 3050mm, at least—

(i)4 small floats; or

(ii)2 medium floats;

(c)otherwise—

(i)3 small plastic floats; or

(ii)2 medium plastic floats; or

(iii)1 large plastic float.

(2)Alternatively, 1 or more floats, with a total buoyancy at least equal to the weight of the recognised TED, may be attached to the grid if—

(a)the buoyancy, expressed in grams or kilograms, of each float is appropriately marked on the float; and

(b)the weight of the recognised TED is appropriately marked on the grid.

(3)In this section—

attached means attached to the top half of the grid—

(a)inside the net and behind the grid; or

(b)outside the net but not attached to a flap.

large plastic float means a float made of hard plastic that is at least 250mm in diameter.

medium float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—

(a)222mm long; and

(b)172mm in diameter.

medium plastic float means a float made of hard plastic that is at least 200mm, but less than 250mm, in diameter.

small float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least—

(a)180mm, but less than 222mm, long; and

(b)147mm, but less than 172mm, in diameter.

small plastic float means a float made of hard plastic that is at least 150mm, but less than 200mm, in diameter.

weight means weight expressed in grams or kilograms.

62D   Accelerator funnel requirements

(1)The accelerator funnel must be made of mesh of a mesh size of at least 38mm but no more than 50mm.

(2)The accelerator funnel must be installed in the leading edge of the net in front of the recognised TED so that—

(a)the leading edge of the accelerator funnel is attached at least 18 meshes in front of the closest point of the grid; and

(b)the trailing edge of the accelerator funnel does not extend past the bars of the grid.

(3)If the recognised TED has an escape hole in the top of the net, the bottom of the trailing edge of the accelerator funnel must be attached to the bottom of the recognised TED by no more than one third of the circumference of the trailing edge.

(4)If the recognised TED has an escape hole in the bottom of the net, the top of the trailing edge of the accelerator funnel must be attached to the top of the recognised TED by no more than one third of the circumference of the trailing edge.

(5)The circumference of the trailing edge of the accelerator funnel must be at least—

(a)for an accelerator funnel with a mesh size of at least 38mm but less than 43mm—100 meshes; or

(b)for an accelerator funnel with a mesh size of at least 43mm but less than 48mm—93 meshes; or

(c)for an accelerator funnel with a mesh size of at least of 48mm but less than 50mm—83 meshes; or

(d)for an accelerator funnel with a mesh size of at least 50mm—80 meshes.

Part 5    Communication conditions

63   Purpose and application of pt 5

This part prescribes additional conditions to which an ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licence is subject.

64   Obligation to nominate communication mode for boat

(1)The holder of the licence must, by notice to the chief executive, nominate a mode by which the chief executive or an inspector may communicate with the person in control of the boat identified in the licence whenever the person is on the boat.

(2)The mode—

(a)can not be by the use of a radio or VMS equipment; and

(b)must be able to be received on the boat instantaneously after the communication is sent by the chief executive or inspector.

Example of mode that may be nominated—

the number for a facsimile, mobile phone, radiophone or satellite phone on the boat

(3)More than 1 mode may be nominated.

(4)The holder of the licence may change the nominated mode by giving notice of a new nominated mode to the chief executive.

(5)However, the new nominated mode must not be used until the chief executive has advised the holder of the licence that the notice of the change has been received by the chief executive.

65   Obligation to ensure communication with person in control

The holder of the licence and the person in control of the boat identified in the licence must take all reasonable steps to ensure the chief executive or an inspector is, whenever the person is on the boat, able to communicate with the person by using a nominated communication mode for the boat.

Part 6    VMS equipment requirements

66   Purpose and application of pt 6

(1)This part prescribes additional conditions to which an ‘M1’, ‘T1’ or ‘T2’ licence is subject.

(2)If this part imposes an obligation on the person in control, it is a condition of the licence that the obligation must be complied with.

67   VMS equipment requirements apply

The licence holder or person in control of a boat identified in the licence must ensure that VMS equipment is installed, maintained and used on the boat in compliance with the VMS equipment requirements.

Note—

See chapter 14 (Reporting), part 7 (VMS equipment requirements) of the regulation.

68   Further obligations for malfunction in major scallop area

(1)This section applies in addition to the VMS equipment requirements if the VMS equipment installed on a boat identified in the licence malfunctions inside the area within the following boundary (the major scallop area)—

•from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east

•to latitude 24º13.80' south, longitude 153º33.00' east

•to latitude 24º42.00' south, longitude 153º16.20' east

•to latitude 25º06.00' south, longitude 153º12.00' east

•to latitude 25º18.00' south, longitude 152º43.20' east

•to latitude 22º10.80' south, longitude 149º48.00' east.

(2)The person in control must—

(a)stop the use of fishing apparatus from the boat; and

(b)immediately cause the boat to travel as soon as practicable to the defined port area nearest the boat, unless the person has a reasonable excuse.

(3)If the person in control starts to comply with the VMS equipment requirements for the boat, the obligations under subsection (2)—

(a)continue to apply; but

(b)cease to apply if the chief executive or an inspector gives the person notice that the obligations need not be complied with.

(4)Notice under subsection (3)(b) may be given—

(a)orally in person; or

(b)by a nominated communication mode for the boat.

(5)If the boat travels to a port, the person in control must not cause or allow the boat to be used for fishing unless an approved person gives the chief executive or an inspector notice that VMS equipment installed on the boat is in a condition that allows it to perform the functions of VMS equipment.

69   Further obligations for malfunction outside major scallop area

(1)This section applies in addition to the VMS equipment requirements if the VMS equipment installed on a boat identified in the licence malfunctions outside the major scallop area.

(2)The person in control must cause the boat to travel to a defined port area within 5 days, unless the person has a reasonable excuse.

(3)However, if the boat moves into the major scallop area, the person in control must—

(a)stow and secure the net on the boat in the way stated in section 126(4)(a) and (b) of the regulation; and

(b)immediately cause the boat to travel as soon as practicable to the defined port area nearest the boat, unless the person has a reasonable excuse.

(4)If the person in control starts to comply with the VMS equipment requirements for the boat, the obligations under subsections (2) and (3)—

(a)cease to apply; but

(b)resume if the chief executive or an inspector gives the person notice that the obligations must be complied with.

(5)Notice under subsection (4)(b) may be given—

(a)orally in person; or

(b)by a nominated communication mode for the boat.

(6)If the boat travels to a port, the person in control must not cause or allow the boat to be used for fishing unless an approved person gives the chief executive or an inspector notice that VMS equipment installed on the boat is in a condition that allows it to perform the functions of VMS equipment.

Part 7    Effort units

Division 1 Introduction

70   Simplified outline of pt 7

(1)This part provides for the entitlement of effort units and conditions for their transfer.

(2)Divisions 3 and 4 provide for the entitlement of effort units and for working out when they are used.

(3)Divisions 5, 6 and 7 prescribe conditions for the transfer of effort units, provide for the registration of transferred effort units and provide for the entitlement under transferred effort units.

Division 2 General provisions about effort units

71   Nature of an effort unit

Each effort unit is—

(a)an authority, the entitlement for which is provided for under division 3; and

(b)a quota for the east coast trawl fishery.

72   Restriction on issue of effort units

The chief executive must not issue effort units.

Division 3 Effort unit entitlement and use

73   Meaning of entitlement of effort unit holder

(1)The effort units held by a person authorise the person, in an effort year, to—

(a)if the effort units are effort units that can be used in conjunction with ‘T1’ licences (T1 effort units)—

(i)use, or allow someone else to use, the boat identified in any ‘T1’ licence also held by the person until the effort units have been used; and

(ii)use, or allow someone else to use, each of the boats for 4 additional days (each a steaming day); or

(b)if the effort units are effort units that can be used in conjunction with ‘T2’ licences (T2 effort units)—

(i)use the boat identified in any ‘T2’ licence also held by the person until the effort units have been used; and

(ii)use each of the boats for 4 additional days (each also a steaming day).

(2)However, the entitlement applies only while—

(a)for T1 effort units—the person also holds a ‘T1’ licence that is in force; and

(b)for T2 effort units—the person also holds a ‘T2’ licence that is in force.

(3)The authorisation under this section is subject to division 7.

(4)The authorisation under this section for an effort year is the person’s entitlement under the person’s effort units for the year.

(5)The entitlement is subject to any relevant prohibitions or restrictions under the regulation, this plan or a condition or other provision of the effort units, ‘T1’ licences or ‘T2’ licences.

Examples of relevant restrictions—

the restrictions under sections 263 to 269 of the regulation

74   When effort units are used for an effort year

(1)This section provides for when effort units held by a person are used for an effort year.

(2)Effort units are not used until the holder of the effort units, or anyone else allowed by the holder, has, under section 75, used a boat identified in a ‘T1’ licence or ‘T2’ licence on a fishing day for effort units.

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

EU means the number of effort units used.

1 means the fishing day.

EUCF means the effort unit conversion factor for the boat used.

75   Provisions for working out use of entitlement

(1)This section provides for rules to work out whether a boat has been used on a fishing or steaming day to decide whether the entitlement of an effort unit holder has been used.

(2)The period of each fishing and steaming day for the effort units is from midday to midday.

(3)However, if the holder has given the chief executive notice of 24 hours or more that the period of the days is to be—

(a)from midnight to midnight—the period is from midnight to midnight; or

(b)from 6p.m. to 6p.m.—the period is from 6p.m. to 6p.m.

(4)Subsection (3)(b) applies only if the eligible licence is also an ‘M1’ licence.

(5)If the holder uses the boat in any part of a fishing or steaming day, the holder is taken to have used the boat for the whole of the day.

(6)Despite subsections (3) to (5)—

(a)the use of the boat for the whole or part of the first 12 hours of an effort year is not included in the working out of whether the boat has been used on a fishing or steaming day if—

(i)under subsection (3)(a), the period of the fishing or steaming day is from midnight to midnight; and

(ii)the boat has, in the preceding 12 hours, been used under a fishery symbol; and

(b)the use of the boat for the whole or part of the first 6 hours of an effort year is not included in the working out of whether the boat has been used on a fishing or steaming day if—

(i)under subsection (3)(b), the period of the fishing or steaming day is from 6p.m. to 6p.m; and

(ii)the boat has, in the preceding 18 hours, been used under a fishery symbol.

(7)The boat is taken to have been used on fishing days for effort units before it is used on steaming days.

(8)In this section—

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

76   No carrying forward of unused entitlement

(1)This section applies if, in an effort year, an effort unit holder fishes on fewer days than the total entitlements under the effort units held by the holder.

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

77   Content of effort unit certificates

An effort unit certificate must state each of the following—

(a)the name of the person who holds the effort units mentioned in the certificate;

(b)if the holder has T1 effort units—how many of them the holder has;

(c)if the holder has T2 effort units—how many of them the holder has;

(d)if the chief executive has imposed conditions on the effort units—the conditions;

(e)if the chief executive has suspended any of the effort units—

(i)the number of effort units suspended; and

(ii)the period of the suspension.

78   Evidentiary provision for effort unit certificate

An effort unit certificate is evidence of—

(a)the number of effort units held when the certificate was—

(i)issued; or

(ii)changed or replaced under section 93; and

(b)the conditions, if any, imposed on the effort units.

Division 4 Evidentiary aids for use of entitlement

Subdivision 1 Evidentiary aids for when a fishing or steaming day is used

79   VMS detection or manual reporting

(1)This section applies if the boat identified in a ‘T1’ licence or ‘T2’ licence is detected by VMS or manually reported at any time during a day (the relevant day) within the following area—

(a)for a boat identified in a ‘T1’ licence—

(i)generally—the ‘T1’ area; and

(ii)if the licence also has an ‘M1’ fishery symbol written on it—the ‘M1’ and ‘M2’ area;

(b)for a boat identified in a ‘T2’ licence—the ‘T2’ area.

(2)The detection or manual report is evidence that the holder of the licence has used the boat for a whole fishing day or steaming day for—

(a)if the licence is a ‘T1’ licence—T1 effort units; or

(b)if the licence is a ‘T2’ licence—T2 effort units.

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

(a)an exception for this section stated in subdivision 2 applies for the relevant day; or

(b)the holder satisfies the chief executive the boat was not used on the relevant day.

80   Absence of VMS detection or reporting

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

(a)the VMS maintenance and use obligations applied to a person in control of a boat identified in a ‘T1’ or ‘T2’ licence; and

(b)the boat is not detected by VMS anywhere; and

(c)at that time the manual reporting obligation—

(i)applied to the person in control of the boat; and

(ii)was not being complied with for the boat.

(2)The absence of the detection is evidence that the boat was used for a whole fishing day or steaming day for—

(a)if the licence is a ‘T1’ licence—T1 effort units; or

(b)if the licence is a ‘T2’ licence—T2 effort units.

(3)However, subsection (2) does not apply if the holder of the effort units satisfies the chief executive that the boat was not being used at the relevant time.

81   Particular notice is evidence of unused entitlement

(1)This section applies if an effort unit holder has obtained a written notice from the chief executive stating the amount of unused entitlement under the holder’s effort units for a stated effort year on a stated date.

(2)The notice is evidence of the amount of unused entitlement under the effort units for the stated effort year on the stated date.

Subdivision 2 Exceptions

82   Exception—movement only at travelling speed

(1)It is an exception for section 79(3)(a) if, during the whole of the day, the boat is detected by VMS or manually reported as—

(a)not having moved; or

(b)having moved at a speed of no less than 5 knots.

(2)For subsection (1)(b), if a boat is detected by VMS 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.

(3)This section does not limit sections 84 and 86.

83   Exception—minimum boat movement

(1)It is an exception for section 79(3)(a) if, during the whole of the day, the boat is detected by VMS 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—1000m;

(ii)otherwise—250m.

(2)This section does not limit sections 84 and 86.

84   Exception—moving boat without fishing

(1)It is an exception for section 79(3)(a) if—

(a)the boat is detected by VMS or manually reported as having moved during a 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 east coast trawl fishery;

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

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

(b)the holder 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 it will start;

(ii)the place it 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 east coast trawl fishery—each entry or leaving;

(vi)the reason for the journey;

(c)if any fish taken outside the east coast trawl fishery are on board the boat—the holder 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 east coast trawl fishery are on board the boat; and

(ii)the VMS maintenance and use obligations or the manual reporting obligation are 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)However, the trawl nets may be suspended from a mast or boom if the journey is from a defined port area to the nearest northerly or southerly defined port area.

(4)The holder 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).

(5)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.

85   Exception—moving boat to test fishing apparatus

(1)It is an exception for section 79(3)(a) if—

(a)the boat is detected by VMS or manually reported as having moved during a 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 holder 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 it will start;

(ii)the place it will start;

(iii)the destination;

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

(v)the reason for the journey;

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

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

(e)during the whole of the journey—

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

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

(iii)the VMS maintenance and use obligations or the manual reporting obligation are complied with for the boat.

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

(1)It is an exception for section 79(3)(a) if—

(a)the boat is detected by VMS or manually reported as having moved during a 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 that started from a defined port area;

(b)the holder 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 it will start;

(ii)where it will start;

(iii)the proposed destination;

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

(v)each fishery symbol or other authority, other than an ‘M1’, ‘T1’ or ‘T2’ 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 fishery symbol or other authority will stop;

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

(d)during the whole of the journey—

(i)the VMS maintenance and use obligations or the manual reporting obligations are 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 east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the east coast trawl fishery, on board the boat.

(3)The holder 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) to (vi).

(4)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.

87   Exception—VMS detection in particular regulated waters

It is an exception for section 79(3)(a) if the detection by VMS or manually reporting is within 1 or more of the following—

(a)the regulated waters mentioned in schedule 1, section 1 in the regulated period under section 12;

(b)the regulated waters mentioned in schedule 1, section 2 or 3 in the regulated period under section 15;

(c)the regulated waters mentioned in any of the following provisions of schedule 1—

•section 13

•section 23

•section 24

•sections 37 to 40

•sections 42 to 47

•sections 49 to 52

•section 54

•section 55

•section 57

•sections 59 to 68;

(d)the following regulated waters described in schedule 1, column 2 of the regulation—

•Currumbin Beach

•Moreton Bay (including The Broadwater)

•Maroochy River and ocean foreshores (netting)

•Rainbow Beach

•Wide Bay Bar

•Hervey Bay (commercial netting)

•Hook Island (fishing)

•Townsville Harbour and Cleveland Bay

•Rollingstone Creek

•Herbert River

•Yanks Jetty at Orpheus Island

•Hinchinbrook Channel (all nets)

•Fitzroy Island–High Island

•Mission Bay.

88   Notices to chief executive under sdiv 2

(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 appointed by gazette notice; or

(b)using VMS 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.

Division 5 When effort units may or may not be transferred

89   Purpose of div 5

This division states, for section 65(1) of the Act, the circumstances in which effort units may or may not be transferred.

90   Only whole effort units may be transferred

A part of an effort unit can not be transferred.

91   Eligibility of transferee

(1)A T1 effort unit may be transferred only by a holder of the effort unit to a ‘T1’ licence holder, other than the transferor.

(2)Subject to section 92, a T2 effort unit may be transferred only by a holder of the effort unit to a ‘T2’ licence holder, other than the transferor.

92   Transfer of half of the effort units of ‘T2’ licence to ‘T1’ licence

Half of the effort units for a ‘T2’ licence may be transferred to a ‘T1’ licence only if the ‘T2’ licence holder gives the chief executive notice that the ‘T2’ licence holder surrenders—

(a)the ‘T2’ licence; and

(b)the other half of the ‘T2’ licence holder’s effort units for the ‘T2’ licence.

Division 6 Applications to register transfer of effort units

93   Effort unit certificate changes required

If, under section 65B of the Act, an application to transfer an effort unit is registered, the chief executive must give effect to the transfer by changing, cancelling or replacing the transferor’s and transferee’s current effort unit certificates.

Division 7 Entitlement of transferee under transferred effort units

94   Entitlement

(1)The entitlement of the transferee under transferred effort units is the unused entitlement of the transferor under the units immediately before the chief executive registers the transfer under section 65B of the Act.

(2)However, the transferred entitlement only includes an entitlement of the transferor to use a boat on a steaming day if the transferor’s former licence to which the effort units related was also transferred to the transferee.

(3)Subsection (2) does not affect the transferee’s entitlement to use a boat on a steaming day under other effort units.

Division 8 Miscellaneous provisions

95   Notice of decision about effort units

As soon as practicable after making a decision under this part, the chief executive must give each person to whom the decision relates an information notice about the decision.

Part 8    Boat modification and replacement

Division 1 Boat modification conditions

96   Condition for ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licences

(1)This section prescribes an additional condition to which an ‘M1’, ‘M2’, ‘T1’ or ‘T2’ licence is subject.

(2)Subject to section 98, the holder of the licence may modify the boat identified on the licence only if the modification does not change the number of hull units for the boat.

(3)A modification made under subsection (2) is prescribed as a change in circumstances for section 73(3) of the Act if it changes the details about the boat, as recorded in the register.

97   Condition for other licences

A ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence is subject to an additional condition that the holder of the licence may modify the 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 details of the boat recorded on the licence are amended to reflect the modification.

Division 2 Restrictions on amending licence to modify or replace boat

98   Restriction for ‘M1’, ‘T1’ or ‘T2’ licences

The chief executive may amend or replace an ‘M1’, ‘T1’ or ‘T2’ licence to allow the boat identified in the licence to be modified or replaced only if the modification or replacement does not result in—

(a)the hull units for the boat being more than 70; or

(b)the boat’s main engine power being more than 300 maximum continuous brake kW.

99   Restriction for ‘M2’ licences

The chief executive may amend or replace an ‘M2’ licence to allow the boat identified in the licence to be modified or replaced only if—

(a)the amendment or replacement does not increase the number of hull units for the boat; or

(b)the holder of the licence surrenders another ‘M2’ licence.

100   Length restriction for other licences

The chief executive may amend or replace a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence only if—

(a)the primary boat identified in the licence is no longer than 14m; and

(b)the modification or replacement of the boat will not result in the boat’s main engine power being more than 300 maximum continuous brake kW.

Chapter 4    Specific licence conditions

Part 1    ‘M1’ licences and ‘M2’ licences

Division 1 Preliminary

101   Purpose and application of pt 1

(1)This part—

(a)prescribes additional conditions to which an ‘M1’ licence or ‘M2’ licence is subject; and

(b)applies to a person acting under a licence that has the fishery symbol ‘M1’ or ‘M2’ written on it.

(2)If this part imposes an obligation on the person in control of the boat, it is a condition of the licence that the obligation must be complied with.

102   Area for ‘M1’ and ‘M2’ fishery symbols

The area for the ‘M1’ and ‘M2’ fishery symbols consists of the ‘M1’ and ‘M2’ area.

Division 2 Requirements for fishing

Subdivision 1 General

103   How permitted fish may be taken

(1)Permitted fish may be taken only by using beam trawl nets or otter trawl nets.

(2)A net must not be used unless the net and its use complies with this division.

104   Maximum net length

A net must be no longer than—

(a)for a beam trawl net—10m; or

(b)for an otter trawl net—32.5m.

105   Minimum and maximum net mesh size

The mesh size of a net must not be less than 38mm or more than 60mm.

106   Maximum length of sweeps of net

Each sweep used on a net must be no longer than 3m.

107   Covering net

(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm and no more than 60mm.

(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

108   Use of chains for net

(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.

(2)The links of the ground chain must not have a diameter of more than 10mm.

(3)The links of the tickler chain must not have a diameter of more than—

(a)if a ground chain is used—6mm; or

(b)if something else is attached at 1 or more points to the bottom rope of an otter trawl net so that it is suspended below the bottom rope when the net is in use—10mm.

(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

109   Use of more than 1 net

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length for that type of net permitted under section 104.

109A   Restrictions on use of crab bag

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

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.

Subdivision 2 Use of primary boats

110   Maximum boat length

A primary boat longer than 14m must not be used.

Subdivision 3 BRDs and TEDs

111   Requirement to use BRD

A BRD must be used with a net, other than a try net, used under this part.

112   Requirement to use TED

A TED must be used with a net, other than a try net, used under this part.

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.

Part 2    ‘T1’ licences

Division 1 Preliminary

113   Purpose and application of pt 2

This part—

(a)prescribes additional conditions to which a ‘T1’ licence is subject; and

(b)applies to a person acting under a licence that has a ‘T1’ fishery symbol written on it.

114   Area for ‘T1’ fishery symbol

The area for the ‘T1’ fishery symbol consists of the ‘T1’ area.

Division 2 Requirements for fishing

Subdivision 1 General

115   How permitted fish may be taken

(1)Permitted fish may be taken only by using beam trawl nets or otter trawl nets.

(2)However, scallops may be taken only by using otter trawl nets.

(3)A net must not be used unless—

(a)the net and its use complies with this division; and

(b)its primary purpose is to take principal fish.

116   Maximum net length

(1)In the following areas a beam trawl net must be no longer than 10m and an otter trawl net must be no longer than 32.5m—

(a)the Comboyuro Point and Caloundra Head area;

(b)the Hervey Bay area;

(c)the Facing Island area;

(d)the Keppel Bay area;

(e)the Repulse Bay area;

(f)the Cleveland Bay area.

(2)A net used in the Laguna Bay area must be no longer than 18.6m and have a head rope no longer than 8m.

(3)A net used in the following waters must be no longer than 39m—

(a)waters within the following boundary—

•from latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton), along the mainland shore to latitude 16º28.93' south, longitude 145º28.00' east (Island Head Point)

•to latitude 16º43.75' south, longitude 145º40.71' east (Double Island)

•to latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton);

(b)Etty Bay fishing area waters, within the following boundary—

•from latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point)

•along the shore of Etty Bay to latitude 17º33.33' south, longitude 146º05.42' east

•to latitude 17º33.33' south, longitude 146º05.76' east

•to latitude 17º33.72' south, longitude 146º05.85' east

•to latitude 17º33.72' south, longitude 146º05.61' east

•along the shore of Etty Bay to latitude 17º35.47' south, longitude 146º07.62' east (near Mourilyan Harbour)

•to latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point).

(4)A beam trawl net used in an area other than an area mentioned in subsections (1) to (3) must not be longer than 40m.

(5)An otter trawl net must—

(a)for a net used in the deep water net area—be no longer than 184m; or

(b)for a net used in an area other than the deep water net area or an area mentioned in subsections (1) to (3)—

(i)for the primary purpose of taking bugs or scallops—be no longer than 109m; or

(ii)for the primary purpose of taking permitted fish, other than bugs or scallops—be no longer than 88m.

117   Minimum and maximum net mesh size

(1)A net used for the primary purpose of taking permitted fish, other than bugs or scallops, must have—

(a)for a net used in the following areas—a mesh size of at least 38mm but no more than 60mm—

(i)the Comboyuro Point and Caloundra Head area;

(ii)the Hervey Bay area;

(iii)the Facing Island area;

(iv)the Keppel Bay area;

(v)the Repulse Bay area;

(vi)the Cleveland Bay area;

(vii)the deep water net area; or

(b)for a net used in the Laguna Bay area—a mesh size of at least 28mm; or

(c)for a net used in east coast trawl fishery waters, other than in an area mentioned in paragraph (a) or (b)—

(i)a mesh size of at least 43mm but no more than 60mm; and

(ii)a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.

(2)A net used for the primary purpose of taking bugs or scallops must have a mesh size of at least 75mm.

118   Maximum length of sweeps of net

(1)This section does not apply to the Laguna Bay area.

(2)Each sweep used on a net must be no longer than—

(a)if the net is used in the Hervey Bay area—3m; or

(b)if the net is used in any other waters—10m.

119   Covering net

(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm and no more than 60mm.

(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

120   Use of chains for net

(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.

(2)The links of the ground chain must not have a diameter of more than—

(a)if the net is used in the deep water net area—12mm; or

(b)if the net is used in any other waters—10mm.

(3)The links of the tickler chain must not have a diameter of more than—

(a)if a ground chain is used—6mm; or

(b)if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.

(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

121   Use of more than 1 net

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length for that type of net permitted under section 116.

121A   Restrictions on use of crab bag

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

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.

Subdivision 2 Use of primary boats

122   Maximum boat length

A primary boat longer than 20m must not be used.

Subdivision 3 BRDs and TEDs

123   Requirement to use BRD

A BRD must be used with a net used under this part, other than a try net.

124   Requirement to use TED

A TED must be used with a net used under this part, other than a try net.

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.

Part 3    ‘T2’ licences

Division 1 Preliminary

125   Purpose and application of pt 3

This part—

(a)prescribes additional conditions to which a ‘T2’ licence is subject; and

(b)applies to a person acting under a licence that has a ‘T2’ fishery symbol written on it.

126   Area for ‘T2’ fishery symbol

The area for the ‘T2’ fishery symbol consists of the ‘T2’ area.

Division 2 Requirements for fishing

Subdivision 1 General

127   How permitted fish may be taken

(1)Permitted fish may be taken only by using otter trawl nets.

(2)A net must not be used unless the net and its use complies with this division.

128   Maximum net length

(1)A net used in the deep water net area must not be longer than 184m.

(2)A net used in an area other than the deep water net area—

(a)for the primary purpose of taking bugs or scallops—must not be longer than 109m; or

(b)for the primary purpose of taking permitted fish, other than bugs or scallops—must not be longer than 88m.

129   Minimum and maximum net mesh size

(1)A net used for the primary purpose of taking permitted fish, other than bugs or scallops, must—

(a)have a mesh size of at least 43mm but no more than 60mm; and

(b)have a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring.

(2)A net used for the primary purpose of taking bugs or scallops must have a mesh size of at least 75mm.

130   Maximum length of sweeps of net

Each sweep used on a net must be no longer than 10m.

131   Covering net

(1)The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of—

(a)if the net is used for the primary purpose of taking permitted fish, other than scallops—more than 38mm but no more than 60mm; or

(b)if the net is used for the primary purpose of taking permitted fish, other than prawns—more than 75mm.

(2)The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

132   Use of chains for net

(1)More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net.

(2)The links of the ground chain must not have a diameter of more than—

(a)if the net is used in the deep water net area—12mm; or

(b)if the net is used in any other waters—10mm.

(3)The links of the tickler chain must not have a diameter of more than—

(a)if a ground chain is used—6mm; or

(b)if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm.

(4)The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

133   Use of more than 1 net

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 128 for a net.

133A   Restrictions on use of crab bag

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

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.

Subdivision 2 Use of primary boats

134   Maximum boat length

A primary boat longer than 20m must not be used.

Subdivision 3 BRDs and TEDs

135   Requirement to use BRD

A BRD must be used with a net, other than a try net, used under this part.

136   Requirement to use TED

A TED must be used with a net, other than a try net, used under this part.

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.

Part 4    ‘T5’ licences

Division 1 Preliminary

137   Purpose and application of pt 4

This part—

(a)prescribes additional conditions to which a ‘T5’ licence is subject; and

(b)applies to a person acting under a licence that has a ‘T5’ fishery symbol written on it.

138   Area for ‘T5’ fishery symbol

The area for the ‘T5’ fishery symbol consists of all tidal waters of the following—

(a)the Brisbane River–Victoria Bridge to Juno Point area;

(b)the Brisbane River mouth area–north;

(c)the Brisbane River mouth area–south;

(d)the Noosa River and lakes connected to the Noosa River;

(e)the Laguna Bay area;

(f)the Logan River area;

(g)other rivers or creeks south of Double Island Point.

Division 2 Requirements for fishing

Subdivision 1 General

139   How permitted fish may be taken

(1)Permitted fish may be taken only by using—

(a)in the Laguna Bay area—otter trawl nets; or

(b)in any other waters—beam trawl nets.

•to latitude 27º26.93' south, longitude 153º14.70' east (the A S Huybers flashing red light beacon off King Island, near Wellington Point)

•to latitude 27º30.30' south, longitude 153º19.35' east (the flashing green light beacon off the western tip of Peel Island)

•to latitude 27º32.48' south, longitude 153º20.20' east (the west cardinal light beacon off the northern tip of the bank commonly known as Banana Bank)

•to latitude 27º35.20' south, longitude 153º22.83' east (the green light beacon on the south-western side of the Pelican Banks)

•to latitude 27º35.65' south, longitude 153º23.83' east (the south cardinal beacon at the southern tip of the Pelican Banks)

•to latitude 27º34.70' south, longitude 153º24.27' east (the flashing red light beacon on the eastern side of the Pelican Banks)

•to latitude 27º34.20' south, longitude 153º24.37' east (the flashing green light beacon off the western shore of North Stradbroke Island)

•to latitude 27º32.17' south, longitude 153º24.07' east (the flashing green light beacon off Wallen Wallen)

•to latitude 27º31.14' south, longitude 153º23.07' east (the special mark flashing yellow light beacon at the southern tip of Goat Island)

•to latitude 27º30.20' south, longitude 153º23.99' east (the southern end of Harold Walker Jetty, Dunwich, North Stradbroke Island)

•along the southern side of Harold Walker Jetty to latitude 27º30.14' south on North Stradbroke Island’s western shore (approximately latitude 27º30.14' south, longitude 153º24.08' east)

•along North Stradbroke Island’s western shore to latitude 27º29.60' south, longitude 153º24.15' east (the jetty at One Mile Anchorage)

•along the southern side of the jetty at One Mile Anchorage to latitude 27º29.58' south, longitude 153º24.13' east (the western end of the jetty at One Mile Anchorage)

•to latitude 27º29.51' south, longitude 153º22.89' east (the south cardinal light beacon known as Douglas Light)

•to latitude 27º27.25' south, longitude 153º19.98' east (the green light beacon that flashes every 6 seconds off Maroom Bank)

•to latitude 27º25.99' south, longitude 153º17.41' east (the isolated danger beacon on Hope Banks)

•to latitude 27º25.31' south, longitude 153º18.26' east (the flashing green light beacon north of Chain Banks)

•to latitude 27º24.22' south, longitude 153º20.10' east (the northernmost red lateral beacon at the entrance to Rous Channel)

•to latitude 27º18.70' south, longitude 153º23.10' east (the northernmost green lateral beacon at the entrance to Fraser’s Gutter)

•to latitude 27º15.90' south, longitude 153º23.06' east

•east along latitude 27º15.90' south to latitude 27º15.90' south, longitude 153º23.61' east (Moreton Island’s western shore)

•along Moreton Island’s western shore to latitude 27º03.68' south (Comboyuro Point approximately latitude 27º03.68' south, longitude 153º21.71' east)

•to latitude 27º05.08' south on Bribie Island’s eastern shore (Skirmish Point approximately latitude 27º05.08' south, longitude 153º12.43' east)

•along Bribie Island’s eastern, southern and western shores to latitude 27º04.93' south on Bribie Island’s western shore.

17   Meaning of Moreton Bay

Moreton Bay means waters within the following boundary, other than waters in the Fisherman Islands area—

•from the F↑B sign at the south-eastern tip of Toorbul Point to the F↑B sign at the southern end of South Esplanade, Bongaree, Bribie Island

•along Bribie Island’s western and southern shores to Skirmish Point

•to Comboyuro Point, Moreton Island

•along Moreton Island’s western shore to Reeders Point

•to Amity Point, North Stradbroke Island

•along North Stradbroke Island’s western and southern shores to its south-eastern tip

•to the north-eastern tip of South Stradbroke Island

•along South Stradbroke Island’s northern, western and southern shores to the seaward tip of the northern breakwater wall of the Gold Coast Seaway

•to the seaward tip of the southern breakwater wall of the Gold Coast Seaway at Nerang Head on The Spit

•along the shore of The Spit to the Gold Coast Highway bridge over the Nerang River near Waterways Drive, Main Beach

•along the eastern side of the Gold Coast Highway bridge to the mainland shore

•along the shore to the F↑B sign at the south-eastern tip of Toorbul Point.

17A   Meaning of northern area

The northern area means the waters within the following boundary—

•from the intersection of latitude 16º00.00' south with the mainland shore at high-water mark (approximately 16º00.00’ south 145º26.091’ east)

•along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland)

•to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders)

•along the shore to latitude 10º41.25' south, longitude 142º31.86' east (tip of Cape York Peninsula)

•to latitude 10º41.25' south, longitude 145º00.06' east

•to latitude 12º59.91' south, longitude 145º00.06' east

•to latitude 14º59.91' south, longitude 146º00.06' east

•to latitude 16º00.00' south, longitude 146º42.122' east

•to latitude 16º00.00' south, longitude 145º26.091' east.

18   Meaning of Repulse Bay area

Repulse Bay area means waters of Repulse Bay, near Proserpine, within the following boundary—

•from Rocky Point along the shore to the northern bank of the O’Connell River

•east for 2n miles

•to Rocky Point.

19   Meaning of Sinclair Bay area

Sinclair Bay area means waters of Sinclair Bay, near Bowen, within the following boundary—

•from latitude 20º09.54' south, longitude 148º25.36' east on the shore to latitude 20º06.80' south, longitude 148º26.81' east on the shore

•along the shore to latitude 20º09.54' south, longitude 148º25.36' east.

20   Meaning of ‘T1’ area

The ‘T1’ area means the waters within the following boundary—

•from latitude 27º57.91' south, longitude 154º00.06' east to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high-water mark)

•along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)

•to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east

•along the eastern shore of South Stradbroke to latitude 27º44.83' south, longitude 153º26.90' east

•to latitude 27º43.43' south, longitude 153º27.26' east

•along the eastern shore of North Stradbroke to latitude 27º23.64' south, longitude 153º26.40' east (Amity Point)

•to latitude 27º21.82' south, longitude 153º25.68' east (Reeders Point)

•along the eastern shore of Moreton Island to latitude 27º03.68' south, longitude 153º21.71' east (Comboyuro Point)

•to latitude 27º05.08' south, longitude 153º12.43' east (Skirmish Point)

•along the eastern shore of Bribie Island to latitude 26º50.05' south, longitude 153º07.78' east

•to latitude 26º48.38' south, longitude 153º08.36' east (southern end of Kings Beach)

•along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour)

•to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour)

•along the shore to latitude 25º48.68' south, longitude 153º03.89' east (F↑B at Inskip Point)

•to latitude 25º47.52' south, longitude 153º04.62' east (F↑B at Hook Point)

•along the eastern shore of Fraser Island to latitude 25º13.50' south, longitude 152º59.50' east (Sandy Point)

•to latitude 25º14.47' south, longitude 152º49.21' east (Point Vernon)

•along the shore to latitude 24º45.45' south, longitude 152º24.76' east (South Head)

•to latitude 24º44.83' south, longitude 152º23.84' east

•along the shore to latitude 24º00.15' south, longitude 151º44.50' east (Chews Point)

•to latitude 24º01.31' south, longitude 151º43.65' east (Pancake Point)

•along the shore to latitude 24º00.50' south, longitude 151º36.22' east (Spit end)

•to latitude 24º03.30' south, longitude 151º37.90' east (Blackney Point)

•along the shore to latitude 24º02.22' south, longitude 151º33.87' east (Innes Head)

•to latitude 24º01.98' south, longitude 151º32.75' east (Norton Point)

•along shore to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point)

•to latitude 23º59.38' south, longitude 151º25.67' east

•along the shore to latitude 23º56.23' south, longitude 151º21.42' east

•to latitude 23º56.13' south, longitude 151º21.26' east (near Boyne Island)

•along the shore to latitude 23º51.12' south, longitude 151º18.70' east (South Trees Wharf)

•to latitude 23º51.22' south, longitude 151º17.77' east (Parsons Point)

•along the shore to latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point)

•to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island)

•along the eastern shore of Curtis Island to latitude 23º30.90' south, longitude 150º59.64' east (unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet)

•to latitude 23º28.77' south, longitude 150º52.38' east

•along the shore and breakwall to latitude 23º09.52' south, longitude 150º47.33' east (southern tip of Rosslyn Bay breakwall)

•to latitude 23º09.52' south, longitude 150º47.10' east (northern end of Rosslyn Bay breakwall)

•along the breakwall and shore to latitude 22º57.85' south, longitude 150º46.65' east (Sandy Point)

•to latitude 22º56.62' south, longitude 150º47.64' east

•along the shore to latitude 22º32.18' south, longitude 150º47.36' east (Cape Clinton)

•to latitude 22º28.21' south, longitude 150º45.42' east (Northeast Point)

•along the shore to latitude 22º20.67' south, longitude 149º54.78' east

•to latitude 22º23.01' south, longitude 149º48.55' east (Charon Point)

•along the shore to latitude 22º20.90' south, longitude 149º41.53' east

•to latitude 22º00.00' south, longitude 149º29.68' east

•along the shore to latitude 21º28.42' south, longitude 149º20.53' east (Allom Point)

•to latitude 21º25.91' south, longitude 149º20.20' east (Freshwater Point)

•along the shore to latitude 21º14.71' south, longitude 149º15.36' east (Dudgeon Point)

•to latitude 21º12.60' south, longitude 149º11.73' east

•along the shore to latitude 21º08.84' south, longitude 149º12.63' east

•to latitude 21º08.86' south, longitude 149º13.26' east (East Point)

•along the shore and breakwall to latitude 21º06.38' south, longitude 149º14.10' east (southern breakwall at Mackay outer harbour)

•to latitude 21º06.27' south, longitude 149º13.95' east (northern breakwall at Mackay outer harbour)

•along the breakwall and shore to latitude 20º29.44' south, longitude 148º42.91' east

•to latitude 20º28.89' south, longitude 148º44.21' east

•along the shore to latitude 20º06.80' south, longitude 148º26.81' east

•to latitude 20º09.54' south, longitude 148º25.36' east

•along the shore and wharf to latitude 20º01.38' south, longitude 148º15.11' east

•to latitude 20º01.48' south, longitude 148º15.95' east (Dalrymple Point)

•along the shore to latitude 19º16.24' south, longitude 146º50.15' east

•to latitude 19º16.13' south, longitude 146º50.13' east

•to latitude 19º15.32' south, longitude 146º50.80' east

•to latitude 19º14.57' south, longitude 146º50.14' east

•to latitude 19º14.62' south, longitude 146º50.00' east

•to latitude 19º15.01' south, longitude 146º49.74' east

•to latitude 19º14.97' south, longitude 146º49.43' east

•to latitude 19º14.98' south, longitude 146º49.35' east

•along the shore to latitude 17º36.09' south, longitude 146º07.95' east (Hall Point)

•to latitude 17º35.98' south, longitude 146º07.73' east (Goodman Point)

•along the shore to latitude 17º30.65' south, longitude 146º04.22' east

•to latitude 17º30.31' south, longitude 146º04.63' east (Flying Fish Point)

•along the shore to latitude 16º55.36' south, longitude 145º47.21' east (Stafford Point)

•to latitude 16º55.07' south, longitude 145º46.92' east (northern breakwall end at the entrance to Cairns Port)

•along the breakwall and shore to latitude 16º28.69' south, longitude 145º27.85' east (Island Point)

•to latitude 16º28.83' south, longitude 145º27.34' east

•along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland)

•to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders)

•along the shore to latitude 10º41.25' south, longitude 142º31.86' east (tip of Cape York Peninsula)

•to latitude 10º41.25' south, longitude 145º00.06' east

•to latitude 12º59.91' south, longitude 145º00.06' east

•to latitude 14º59.91' south, longitude 146º00.06' east

•to latitude 18º19.91' south, longitude 148º20.04' east

•to latitude 18º44.90' south, longitude 152º35.04' east

•to latitude 22º14.90' south, longitude 154º40.08' east

•to latitude 27º47.32' south, longitude 154º40.08' east

•to latitude 27º47.90' south, longitude 154º22.08' east

•to latitude 27º57.91' south, longitude 154º00.06' east.

21   Meaning of ‘T2’ area

The ‘T2’ area means the waters within the following boundary—

•from latitude 27º57.91' south, longitude 154º00.06' east to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State's border with New South Wales at high-water mark)

•along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall)

•to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east

•along the eastern shore of South Stradbroke to latitude 27º44.83' south, longitude 153º26.90' east

•to latitude 27º43.43' south, longitude 153º27.26' east

•along the eastern shore of North Stradbroke to latitude 27º26.06' south, longitude 153º32.78' east (Point Lookout)

•to latitude 27º01.67' south, longitude 153º28.09' east (Cape Moreton)

•to latitude 26º48.15' south, longitude 153º09.03' east (Caloundra Head)

•along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour)

•to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour)

•along the shore to latitude 25º48.62' south, longitude 153º03.89' east (F↑B at Inskip Point)

•to latitude 25º47.52' south, longitude 153º04.62' east (F↑B at Hook Point)

•along the eastern shore of Fraser Island to latitude 24º41.83' south, longitude 153º16.00' east (Sandy Cape)

•to latitude 24º44.83' south, longitude 152º23.84' east (Burnett Head)

•along the shore to latitude 24º21.40' south, longitude 151º58.66' east

•to latitude 24º21.40' south, longitude 154º40.08' east

•to latitude 27º47.32' south, longitude 154º40.08' east

•to latitude 27º47.90' south, longitude 154º22.08' east

•to latitude 27º57.91' south, longitude 154º00.06' east.

Part 2    Extended definitions for other things

22   Working out hull units for a boat

The hull units, for a boat, must be worked out by using the following formula and rounding the amount worked out to the nearest whole number—where—

HU means the number of hull units for the boat.

L means the length of the boat.

B means the beam of the boat.

D means the depth of the boat.

Editor’s note—

The figure of 0.6 represents a block coefficient to standardise variations in boat design and the figure of 2.83 represents a constant which converts cubic metres to units of 100 cubic feet.

23   Meaning of beam of a boat

The beam, of a boat, means the maximum breadth, in metres, amidships between—

(a)if the boat has a metal shell—the moulded lines of its frame; or

(b)if the boat does not have a metal shell—the outer surfaces of its hull, excluding sponsons, fenders and rubbing strips.

24   Meaning of depth of a boat

(1)The depth, of the boat, means the vertical distance, measured in metres, from its keel datum to—

(a)if the boat is, after 15 December 2000, modified or replaced under chapter 3, part 8—a point amidships that is level with the highest point of its uppermost continuous deck; or

(b)otherwise—

(i)for a boat with a stepped uppermost continuous deck the raised part of which extends over amidships—a line of reference extending from the lower part of the deck along a parallel line to the raised part; or

(ii)if subparagraph (i) does not apply—the underside of its uppermost continuous deck at the side amidships.

(2)In this section—

amidships, of a boat, means the vertical plane at the middle of its length at a right angle to its centre-line plane.

keel datum means—

(a)for a composite or wooden boat—the lower edge of its keel rabett; or

(b)for a boat in which the form at the lower part of midship section is of a hollow nature or if thick or horizontal garboards are fitted—the point where the line of the hull bottom shell continued inwards cuts the boat’s centre-line; or

(c)if, because of the boat’s shape, the keel datum can not be worked out under paragraph (a) or (b)—the tangent providing the greatest depth measurement.

25   Meaning of length of a net

(1)

The length, of a beam trawl net, means the distance the net is capable of extending across the beam or pole used to open it.

(2)

The length, of an otter trawl net, means the combined length, in metres, of the head rope and bottom rope when taut between the outermost points of the meshes attached to the head rope and bottom rope.

26   Working out an engine’s maximum continuous brake kW

(1)An engine’s maximum continuous brake kW must be worked out from the manufacturer’s recommended maximum continuous brake kW for its engine type.

(2)The engine must be identified by the following—

(a)make;

(b)model;

(c)year of manufacture;

(d)serial number;

(e)cylinder block;

(f)aspiration and cooling systems.

(3)The following aspects of the recommendation must be considered—

(a)ambient water temperature in the range 25ºC to 27ºC or the temperature mentioned in the recommendation closest to the range;

(b)fuel injectors consistent with the recommended maximum continuous brake kW of the engine type.

(4)If the manufacturer revises the recommendation for the engine type, the revised rating is taken to apply to all new engines of that type installed on boats from the day the revised rating took effect.

(5)The following must be disregarded—

(a)variation from the standard power output, including, for example, engine deratings;

(b)different gear boxes or transmission trains associated with individual engines.

(6)In this section—

engine type means the type of main propulsion engine or engines installed on the boat.

27   Meaning of sweep of a net

(1)The sweep, of a net, includes a chain, rope, shackle, wire or other fitting used to attach otter boards or sleds to the point on the head rope or bottom rope of a net where the outermost meshes are attached.

(2)If fittings mentioned in subsection (1) are joined to make a single fitting, the single fitting is 1 sweep.

28   When a boat is detected by VMS at a place

A boat is detected by VMS at or in a place if a signal has come from VMS equipment for the boat at or in the place.

Part 3    Other definitions

appropriately marked means stated in writing that is—

(a)legible and permanent; and

(b)raised or recessed.

bar, in relation to mesh in a trawl net, means—

(a)for a knotted trawl net—a side of a mesh of the net from 1 knot to the next knot on the same side of the mesh; or

(b)for a knotless trawl net—a side of a mesh of the net from 1 corner to the next corner.

beam, of a boat, see section 23 of this schedule.

beam trawl net means a trawl net with its mouth attached to a beam or pole to keep the net open.

behind, in relation to a part of a net, means away from the front opening of the net.

belly rope, for a cod end, means rope that—

(a)is made from at least 12mm polyethylene rope; and

(b)runs the length of the cod end.

BRD means bycatch reduction device.

BRD use condition see section 39(1).

Brisbane River mouth area–north see section 1 of this schedule.

Brisbane River mouth area–south see section 2 of this schedule.

Brisbane River–Victoria Bridge to Juno Point area see section 3 of this schedule.

central area see section 3A of this schedule.

Cleveland Bay area see section 4 of this schedule.

Comboyuro Point to Caloundra Head area see section 5 of this schedule.

compliant chaffing mat, for a cod end, means a mat that is attached to the bottom half of the circumference of the cod end—

(a)only—

(i)along the leading edge of the mat; and

(ii)halfway along the length of each side of the mat; and

(iii)at a point on each rear corner of the mat; and

(b)along no more than half of the length of the cod end.

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.

conviction, for chapter 6, part 2, see section 189(2)(a).

deep water net area see section 6 of this schedule.

depth, of a boat, see section 24 of this schedule.

detected by VMS see section 28 of this schedule.

east coast trawl fishery see section 3.

east coast trawl fishery waters see section 3.

effort unit means an effort unit continued under section 196.

effort unit certificate means a certificate issued under section 101 of the repealed regulation or replaced under section 71 of the Act or changed or replaced under section 93.

effort unit conversion factor, for a boat, means the effort unit conversion factor for the boat stated in schedule 2 opposite the number of hull units for the boat.

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

entitlement, for an effort unit, see section 73(4).

escape hole see section 61(2)(b).

Facing Island area see section 7 of this schedule.

Fisherman Islands area see section 8 of this schedule.

fishery symbol means a fishery symbol mentioned in section 31(2).

fishing days, for effort units, means the number of days worked out by dividing the total number of the units by the effort unit conversion factor for the boat identified in the effort unit certificate for the units.

Fitzroy River mouth area see section 9 of this schedule.

front opening, of the net, means the opening through which fish enter the net.

Great Sandy Strait area see section 10 of this schedule.

ground chain means a chain attached at 1 or more points to the bottom rope of an otter trawl net so that the chain is suspended below the bottom rope when the net is in use.

Hervey Bay area see section 11 of this schedule.

hull units, for a boat, see section 22 of this schedule.

in front of, in relation to a part of a net, means towards the front opening of the net.

Keppel Bay area see section 12 of this schedule.

Laguna Bay area see section 13 of this schedule.

leading edge means the edge nearest to the front opening of the net.

length of—

(a)a commercial fishing boat—see schedule 11, part 1, section 3 of the regulation; or

(b)a beam trawl net—see section 25(1) of this schedule; or

(c)an otter trawl net—see section 25(2) of this schedule.

licence, for the east coast trawl fishery, means a licence for the fishery under section 31(1).

Llewellyn Bay area see section 14 of this schedule.

Logan River area see section 15 of this schedule.

‘M1’ and ‘M2’ area see section 16 of this schedule.

‘M1’ licence means a commercial fishing boat licence with an ‘M1’ fishery symbol written on it.

‘M2’ licence means a commercial fishing boat licence with an ‘M2’ fishery symbol written on it.

major scallop area see section 68(1).

manually reported, for a boat, means notice about a boat’s position and operation given under section 683 of the regulation.

maximum continuous brake kW see section 26 of this schedule.

mesh size, of a net, see schedule 11, part 1, section 6 of the regulation.

Moreton Bay see section 17 of this schedule.

nominated communication mode, for a boat, means a mode nominated for the person in control of the boat under section 64.

northern area see section 17A of this schedule.

notice means a written notice.

otter trawl net means a trawl net with its mouth kept open by otter boards and the force of water.

permitted fish see section 8.

plan means management plan.

principal fish see section 7.

recognised BRD, for chapter 3, part 3, division 3, see section 40(2).

recognised TED, for chapter 3, part 4, division 3, see section 61.

regulated waters means the waters declared to be regulated waters under section 10(1).

regulation means the Fisheries Regulation 2008.

repealed plan see section 194.

replacement licence means—

(a)a replacement licence issued under section 71 of the Act to replace a licence that has been lost, damaged or destroyed; or

(b)a licence for a boat to replace another boat licensed to operate in the east coast trawl fishery.

Repulse Bay area see section 18 of this schedule.

serious scallop offence see section 190(2).

Sinclair Bay area see section 19 of this schedule.

square mesh means netting material orientated so the direction of the mesh twine is longitudinal and transverse to the length of the cod end.

steaming day see section 73(1).

sweep, of a net, see section 27 of this schedule.

‘T1’ area see section 20 of this schedule.

T1 effort units see section 73(1)(a).

‘T1’ licence means a commercial fishing boat licence with a ‘T1’ fishery symbol written on it.

‘T2’ area see section 21 of this schedule.

T2 effort units see section 73(1)(b).

‘T2’ licence means a commercial fishing boat licence with a ‘T2’ fishery symbol written on it.

‘T5’ licence means a commercial fishing boat licence with a ‘T5’ fishery symbol written on it.

‘T6’ licence means a commercial fishing boat licence with a ‘T6’ fishery symbol written on it.

‘T7’ licence means a commercial fishing boat licence with a ‘T7’ fishery symbol written on it.

‘T8’ licence means a commercial fishing boat licence with a ‘T8’ fishery symbol written on it.

‘T9’ licence means a commercial fishing boat licence with a ‘T9’ fishery symbol written on it.

TED means turtle excluder device.

TED use condition see section 60(1).

tickler chain means a chain attached to a trawl net or the otter boards of an otter trawl net that is in front of the mouth of the net when the net is in use.

trailing edge means the edge furthest from the front opening of the net.

trawling see section 3.

trawl net means any beam trawl net or otter trawl net described in chapter 4 and any other fishing apparatus normally used with it.

Example of other fishing apparatus—

ground chains or ropes

try net means an otter or beam trawl net of the following lengths, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish—

(a)for an otter trawl net—no longer than 10m;

(b)for a beam trawl net—no longer than 2.5m.

usage notice see section 24(2).

use, a trawl net, includes—

(a)setting and shooting the net; and

(b)having the net rigged for fishing.

Example of rigged for fishing for paragraph (b)—

having a cod end and ground chains attached

used, for—

(a)a boat, on a fishing or steaming day, see section 75; or

(b)effort units, see section 74(1).

VMS maintenance and use obligations means the obligations under section 679 of the regulation.