Fisheries Legislation Amendment Regulation (No. 1) 2014 (Qld)
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Queensland Fisheries Legislation Amendment Regulation (No. 1) 2014 Subordinate Legislation 2014 No. 69 made under the FisheriesAct1994 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Fisheries Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 42 (Prohibited activities and regulated period) . 3 Amendment of s 47 (Prohibited activities and regulated periods) 4 Amendment of s 51 (Regulated waters for div 5) . . . . . . . . . . . . . 4 Amendment of s 58A (Prohibited activities and regulated period) 4 Amendment of s 252 (Restriction on writing multiple fishery symbols) 5 Amendment of s 476 (Use of general purpose mesh nets south of Baffle Creek) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Insertion of new s 476A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 476A Use of mesh and seine nets south of Baffle Creek . . 5 Amendment of s 524 (Fishery area). . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 596 (Permitted ways of taking crabs) . . . . . . . . 6 Amendment of s 596B (Possession of crab apparatus) . . . . . . . . 6 Omission of ch 11, pt 1A, div 5 (Annual quota) . . . . . . . . . . . . . . 7 Amendment of sch 1 (Regulated waters) . . . . . . . . . . . . . . . . . . . 7 Amendment of sch 2 (Regulated fish declarations) . . . . . . . . . . . 14
Fisheries Legislation Amendment Regulation (No. 1) 2014 Contents 17 18 19 20 Part 3 21 22 23 24 Part 4 25 26 Amendment of sch 5 (Glossary of scientific names for particular coral reef fin fish species). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 6 (Glossary of scientific names for particular fish other than regulated coral reef fin fish) . . . . . . . . . . . . . . . . . Amendment of sch 10A (Prescribed stocked impoundments) . . . Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 69 (Meaning of entitlement of line unit holder) . Omission of ss 69A to 69C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fisheries (East Coast Trawl) Management Plan 2010 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 13 (Prohibited activities) . . . . . . . . . . . . . . . . . 13 Prohibited activities . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 26 26 26 27 27 28 28 28 28 Page 2 2014 SL No. 69
Part 1 Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Fisheries Legislation Amendment Regulation (No. 1) 2014 . 2 Commencement (1) Section 14 commences on 1 June 2014. (2) Section 22 commences on 1 July 2014. Part 2 Amendment of Fisheries Regulation 2008 3 Regulation amended This part amends the Fisheries Regulation 2008. 4 Amendment of s 42 (Prohibited activities and regulated period) Section 42(1)— omit, insert— (1) A regulated person must not— (a) take Australian bass in tidal waters during the regulated period; or (b) possess Australian bass taken in contravention of paragraph (a). 2014 SL No. 69 Page 3
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 5] 5 Amendment of s 47 (Prohibited activities and regulated periods) Section 47(2)(a) to (j)— omit, insert— (a) from 21 October 2014 to 25 October 2014; (b) from 19 November 2014 to 23 November 2014; (c) from 10 October 2015 to 14 October 2015; (d) from 9 November 2015 to 13 November 2015; (e) from 28 October 2016 to 1 November 2016; (f) from 26 November 2016 to 30 November 2016; (g) from 17 October 2017 to 21 October 2017; (h) from 15 November 2017 to 19 November 2017; (i) from 6 October 2018 to 10 October 2018; (j) from 5 November 2018 to 9 November 2018. 6 Amendment of s 51 (Regulated waters for div 5) Section 51, entry for Boyne River (Auburn River Basin) at Boondoomba Dam, ‘Boondoomba’— omit, insert— Boondooma 7 Amendment of s 58A (Prohibited activities and regulated period) Section 58A(2), ‘31 January’— omit, insert— Page 4 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 8] 31 December 8 Amendment of s 252 (Restriction on writing multiple fishery symbols) Section 252, before ‘‘C3’’— insert— ‘C1’, 9 Amendment of s 476 (Use of general purpose mesh nets south of Baffle Creek) Section 476(1), after ‘in waters’— insert— , other than waters in a river or creek, 10 Insertion of new s 476A After section 476— insert — 476A Use of mesh and seine nets south of Baffle Creek (1) A mesh net or seine net may be used in a river or creek south of the northern bank of Baffle Creek only if— (a) for a mesh net, the net— (i) is no longer than 400m; and (ii) has a mesh size of at least 50mm (other than in a back net), but no more than 165mm; or (b) for a seine net, the net— (i) is no longer than 200m; and 2014 SL No. 69 Page 5
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 11] (ii) has a mesh size of at least 50mm (other than in a back net), but no more than 165mm. (2) Despite subsection (1), a mesh net or seine net must not be used in a river or creek in an original ocean beach fishery area from 1 April to 31 August. 11 Amendment of s 524 (Fishery area) Section 524, ‘creek’, first mentioned— omit, insert— creek, 12 Amendment of s 596 (Permitted ways of taking crabs) Section 596— insert — (4) Despite subsection (2), if a commercial fisher is acting under a licence that has the fishery symbol ‘C1’ written on it more than once, the fisher may use, at any one time, no more than a total of 100 items of crab apparatus, including any combination of items of crab apparatus. 13 Amendment of s 596B (Possession of crab apparatus) Section 596B— insert — (2) However, if a commercial fisher is acting under a licence that has the fishery symbol ‘C1’ written on it more than once, the fisher may possess on a boat in the fishery area no more than a total of 100 items of crab apparatus, including any combination of items of crab apparatus. Page 6 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 14] 14 Omission of ch 11, pt 1A, div 5 (Annual quota) Chapter 11, part 1A, division 5— omit . 15 Amendment of sch 1 (Regulated waters) (1) Schedule 1, part 1, entry for Australian bass waters— omit . (2) Schedule 1, part 2, entry for Dumaresq River at Bonshaw Weir— omit, insert— Dumaresq Dumaresq River from Bonshaw Weir to 100m River at downstream of Bonshaw Weir Bonshaw Weir part 5, division 5 (3) Schedule 1, part 2, entry for Pike Creek at Glenlyon Dam— omit, insert— Pike Creek at Pike Creek from 100m upstream to 200m Glenlyon Dam downstream of the Glenlyon Dam wall part 5, division 5 (4) Schedule 1, part 2, entry for Barwon River at Mungindi Weir— omit, insert — Barwon River Barwon River from Mungindi Weir to 100m at Mungindi downstream of Mungindi Weir Weir part 5, division 5 (5) Schedule 1, part 2, entry for Quart Pot Creek at Storm King Dam— omit, insert— Quart Pot Creek at Storm King Dam Quart Pot Creek from 100m upstream to 200m downstream of the Storm King Dam wall part 5, division 5 (6) Schedule 1, part 2, entry for Balonne River at Beardmore Dam and Jack Taylor Weir— 2014 SL No. 69 Page 7
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 15] omit, insert— Balonne River at Beardmore Dam and Jack Taylor Weir Balonne River from— (a) 100m upstream to 200m downstream of the Beardmore Dam wall; and (b) 100m upstream to 200m downstream of Jack Taylor Weir part 5, division 5 (7) Schedule 1, part 2, entry for Macintyre Brook at Coolmunda Dam, Whetstone and Bendor weirs— omit, insert— Macintyre Brook at Coolmunda Dam, Whetstone and Bendor weirs Macintyre Brook from— (a) 100m upstream to 200m downstream of the Coolmunda Dam spillway wall; and (b) 100m upstream to 200m downstream of Whetstone Weir; and (c) 100m upstream to 200m downstream of Bendor Weir part 5, division 5 (8) Schedule 1, part 2, entry for Sandy Creek at Leslie Dam— omit, insert— Sandy Creek Sandy Creek from 100m upstream to 200m at Leslie Dam downstream of the Leslie Dam wall part 5, division 5 (9) Schedule 1, part 2, entry for Burnett Creek at Maroon Dam— omit, insert— Burnett Creek Burnett Creek from 100m upstream to 200m at Maroon downstream of the Maroon Dam wall Dam part 5, division 5 (10) Schedule 1, part 2, entry for Reynolds Creek at Moogerah Dam— omit, insert— Reynolds Creek at Moogerah Dam Reynolds Creek from 100m upstream to 200m downstream of the Moogerah Dam wall part 5, division 5 (11) Schedule 1, part 2, entry for Nerang River at Hinze Dam— Page 8 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 15] omit, insert— Nerang River Nerang River from 100m upstream to 600m at Hinze Dam downstream of the Hinze Dam wall part 5, division 5 (12) Schedule 1, part 2, entry for Albert River at Luscombe Weir— omit, insert— Albert River at Albert River from 100m upstream to 200m Luscombe downstream of Luscombe Weir Weir part 5, division 5 (13) Schedule 1, part 2, entry for Logan River at South Maclean and Cedar Grove weirs— omit, insert— Logan River at South Maclean and Cedar Grove weirs waters of the Logan River from— (a) 100m upstream to 200m downstream of South Maclean Weir; and (b) 100m upstream to 200m downstream of Cedar Grove Weir part 5, division 5 (14) Schedule 1, part 2, entry for Brisbane River at Old Mt Crosby Weir— omit, insert— Brisbane River at Old Mt Crosby Weir Brisbane River from 100m upstream to 200m downstream of Old Mt Crosby Weir part 5, division 5 (15) Schedule 1, part 2, entry for Brisbane River at Mt Crosby Weir— omit, insert— Brisbane River at Mt Crosby Weir Brisbane River from 100m upstream to 200m downstream of Mt Crosby Weir part 5, division 5 (16) Schedule 1, part 2, entry for Brisbane River at Wivenhoe Dam— 2014 SL No. 69 Page 9
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 15] omit, insert— Brisbane River at Wivenhoe Dam Brisbane River from 100m upstream to 600m downstream of the Wivenhoe Dam wall part 5, division 5 (17) Schedule 1, part 2, entry for Balonne River at Surat Weir— omit, insert — Balonne River Balonne River from 100m upstream to 200m at Surat Weir downstream of Surat Weir part 5, division 5 (18) Schedule 1, part 2, entry for Condamine River at Chinchilla, Loudon, Lemon Tree, Yarramalong, Cecil Plains and Reilly’s weirs— omit, insert— Condamine River at Chinchilla, Loudon, Lemon Tree, Yarramalong, Cecil Plains and Reilly’s weirs Condamine River as follows— • from 100m upstream to 200m downstream of Chinchilla Weir • from 100m upstream to 200m downstream of Loudon Weir • from 100m upstream to 200m downstream of Lemon Tree Weir • from 100m upstream to 200m downstream of Yarramalong Weir • from 100m upstream to 200m downstream of Cecil Plains Weir • from 27º02.24' south, 149º57.12' east (approximately 14km upstream from the weir) to 200m downstream of Reilly’s Weir part 5, division 5 (19) Schedule 1, part 2, entry for Dogwood Creek at Gil Weir (formerly Miles Weir)— omit, insert— Dogwood Creek at Gil Weir (formerly Miles Weir) Dogwood Creek from 100m upstream to 200m downstream of Gil Weir (formerly Miles Weir) part 5, division 5 Page 10 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 15] (20) Schedule 1, part 2, entry for Six Mile Creek at Lake Macdonald— omit, insert— Six Mile Six Mile Creek from 100m upstream to 200m Creek at Lake downstream of the Lake Macdonald dam wall Macdonald part 5, division 5 (21) Schedule 1, part 2, entry for Boyne River (Auburn River Basin) at Boondoomba Dam— omit, insert — Boyne River (Auburn River Basin) at Boondooma Dam Boyne River in the Auburn River Basin from 100m upstream to 200m downstream of the Boondooma Dam wall part 5, division 5 (22) Schedule 1, part 2, entry for Dawson River at Glebe Weir— omit, insert— Dawson River Dawson River from 100m upstream to 200m at Glebe Weir downstream of Glebe Weir part 5, division 5 (23) Schedule 1, part 2, entry for Dawson River at Gyranda Weir— omit, insert— Dawson River Dawson River from 100m upstream to 200m at Gyranda downstream of Gyranda Weir Weir part 5, division 5 (24) Schedule 1, part 2, entry for Nogo River at Wuruma Dam— omit, insert— Nogo River at Nogo River from 100m upstream to 200m Wuruma Dam downstream of the Wuruma Dam wall part 5, division 5 (25) Schedule 1, part 2, entry for Dawson River at Theodore Weir— 2014 SL No. 69 Page 11
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 15] omit, insert— Dawson River Dawson River from 100m upstream to 200m at Theodore downstream of Theodore Weir Weir part 5, division 5 (26) Schedule 1, part 2, entry for Burnett River at Paradise Dam, Claude Wharton, Ned Churchward and Kirar weirs— omit, insert— Burnett River at Paradise Dam, Claude Wharton, Ned Churchward and Kirar weirs the following waters of Burnett River— • from 100m upstream to 200m downstream of the Paradise Dam wall • from 100m upstream to 200m downstream of Claude Wharton Weir • from 100m upstream to 200m downstream of Ned Churchward Weir • from 100m upstream to 200m downstream of Kirar Weir part 5, division 5 (27) Schedule 1, part 2, entry for Three Moon Creek at Cania Dam— omit, insert— Three Moon Three Moon Creek from 100m upstream to 200m Creek at Cania downstream of Cania Dam wall Dam part 5, division 5 (28) Schedule 1, part 2, entry for Dawson River at Moura Weir— omit, insert— Dawson River Dawson River from 100m upstream to 200m at Moura Weir downstream of Moura Weir part 5, division 5 (29) Schedule 1, part 2, entry for Dawson River at Orange Creek Weir— omit, insert— Dawson River Dawson River from 100m upstream to 200m at Orange downstream of Orange Creek Weir Creek Weir part 5, division 5 Page 12 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 15] (30) Schedule 1, part 2, entry for Dawson River at Neville Hewitt Weir— omit, insert— Dawson River Dawson River from 100m upstream to 200m at Neville downstream of Neville Hewitt Weir Hewitt Weir part 5, division 5 (31) Schedule 1, part 2, entry for Boyne River (Boyne River Basin) at Awoonga Dam— omit, insert— Boyne River (Boyne River Basin) at Awoonga Dam Boyne River in the Boyne River Basin from 100m part 5, division upstream to 200m downstream of the Awoonga Dam 5 wall (32) Schedule 1, part 2, entry for Fitzroy River at Eden Bann Weir— omit, insert— Fitzroy River Fitzroy River from 100m upstream to 200m at Eden Bann downstream of Eden Bann Weir Weir part 5, division 5 (33) Schedule 1, part 2, entry for Thomson River at Fairmount Weir— omit, insert— Thomson River at Fairmount Weir Thomson River from 100m upstream to 200m downstream of Fairmount Weir part 5, division 5 (34) Schedule 1, part 2, entry for Fitzroy River at Wattlebank Control Weir— omit, insert— Fitzroy River Fitzroy River from 100m upstream to 200m at Wattlebank downstream of Wattlebank Control Weir Control Weir part 5, division 5 (35) Schedule 1, part 2, entry for Nogoa River at Fairbairn Dam— 2014 SL No. 69 Page 13
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] omit, insert— Nogoa River at Fairbairn Dam Nogoa River from 100m upstream to 200m downstream of the Fairbairn Dam wall part 5, division 5 (36) Schedule 1, part 2, entry for Pioneer River at the Marian, Mirani and Dumbleton weirs— omit, insert— Pioneer River at the Marian, Mirani and Dumbleton weirs Pioneer River from— (a) 100m upstream to 200m downstream of Marian Weir; and (b) 100m upstream to 200m downstream of Mirani Weir; and (c) 100m upstream to 200m downstream of Dumbleton Weir part 5, division 5 (37) Schedule 1, part 2, entry for Burdekin River at Clare Weir— omit, insert— Burdekin Burdekin River from 100m upstream to 200m River at Clare downstream of Clare Weir Weir part 5, division 5 16 Amendment of sch 2 (Regulated fish declarations) (1) Schedule 2, part 2, entries for Cairns rainbowfish, ornate rainbowfish and threadfin rainbowfish— omit . (2) Schedule 2, part 2— Page 14 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] insert — banded rainbowfish, blackbanded rainbowfish, Cairns rainbowfish, chequered rainbowfish, crimson spotted rainbowfish, desert rainbowfish, Eastern rainbowfish, Lake Eacham rainbowfish, McCulloch’s rainbowfish, Murray River rainbowfish, ornate rainbowfish or threadfin rainbowfish N more than 20 of each species a person taking or possessing the fish (3) Schedule 2, part 2, entry for grey reef shark— 2014 SL No. 69 Page 15
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] omit, insert — grey reef shark F the fish, or the tail or fins of the fish, if the tail or any of the fins are removed from the body of the fish a person possessing the fish, or the tail or fins of the fish on a boat F filleted a person possessing the fish on a boat N more than 1 a person taking or possessing the fish S more than 150cm or interdorsal length more than 60cm a person taking or possessing the fish, unless the person is acting under a licence on which is written— (a) the fishery symbols— (i) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (ii) ‘S’; or (b) the fishery symbol ‘N3’ or ‘N9’ (4) Schedule 2, part 2, entry for guitarfish— Page 16 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] omit, insert — guitarfish F the fish, or the tail or fins of the fish, if the tail or any of the fins are removed from the body of the fish a person possessing the fish, or the tail or fins of the fish on a boat F filleted a person possessing the fish on a boat N more than 1 a recreational fisher taking or possessing the fish S more than 150cm or interdorsal length more than 60cm a person taking or possessing the fish, unless the person is acting under a licence on which is written— (a) the fishery symbols— (i) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (ii) ‘S’; or (b) the fishery symbol ‘N3’ or ‘N9’ (5) Schedule 2, part 2, entry for ray (other than guitarfish, manta ray and shovelnose ray)— 2014 SL No. 69 Page 17
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] omit, insert — ray (other than guitarfish, manta ray and shovelnose ray) F the fish divided into portions in a way that does not allow an inspector to count the number of the fish reasonably easily a person possessing the fish on a boat F the fish, or its tail or fins unless its tail and all of its fins are secured to the body a person possessing the fish taken in waters east of longitude 142º31'49'' east unless the person is acting under a commercial fishing boat licence on which is written the fishery symbols— (a) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (b) ‘S’ F the fin or tail separated from the body of the fish a person possessing the fin or tail on a boat unless the person also possesses, on the boat, the body of the fish from which the fin or tail was taken F filleted a person possessing the fish taken in waters east of longitude 142º31'49'' east unless the person is acting under a commercial fishing boat licence on which is written the fishery symbols— (a) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (b) ‘S’ Page 18 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] N more than 1 N more than 4 a recreational fisher taking or possessing the fish 1 a person taking the fish while acting under a licence on which is written the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’, unless the person is also acting under a licence on which is written the fishery symbol ‘S’ 2 if the prescribed commercial catch for the fish in waters north of latitude 24º30' south and east of longitude 142º31'49'' east is more than 480t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘L8’ 3 if the prescribed commercial catch for the fish in waters south of latitude 24º30' south is more than 120t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L1’ or ‘L8’ 2014 SL No. 69 Page 19
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] N more than 10 1 a person taking the fish while acting under a licence on which is written the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’, unless the person is also acting under a licence on which is written the fishery symbol ‘S’ 2 if the prescribed commercial catch for the fish in waters north of latitude 24º30' south and east of longitude 142º31'49'' east is more than 480t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ 3 if the prescribed commercial catch for the fish in waters south of latitude 24º30' south is more than 120t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ S more than 150cm or interdorsal length more than 60cm a person taking or possessing the fish, unless the person is acting under a licence on which is written— (a) the fishery symbols— (i) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (ii) ‘S’; or (b) the fishery symbol ‘N3’, ‘N9’, ‘N12’ or ‘N13’. (6) Schedule 2, part 2, entry for shark (other than grey reef shark, whitetip reef shark, speartooth shark, white shark and sandtiger shark)— Page 20 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] omit, insert — shark (other than grey reef shark, whitetip reef shark, speartooth shark, white shark and sandtiger shark) F the fish divided into portions in a way that does not allow an inspector to count the number of the fish reasonably easily a person possessing the fish on a boat F the fish, or its tail or fins unless its tail and all of its fins are secured to the body a person possessing the fish on a boat that is taken in waters east of longitude 142º31'49'' east unless the person is acting under a commercial fishing boat licence on which is written the fishery symbols— (a) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (b) ‘S’ F the fin or tail separated from the body of the fish a person possessing the fin or tail on a boat unless the person also possesses, on the boat, the body of the fish from which the fin or tail was taken F filleted a person possessing the fish on a boat that is taken in waters east of longitude 142º31'49'' east unless the person is acting under a commercial fishing boat licence on which is written the fishery symbols— (a) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (b) ‘S’ 2014 SL No. 69 Page 21
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] N more than 1 N more than 4 a recreational fisher taking or possessing the fish 1 a person taking the fish while acting under a licence on which is written the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’, unless the person is also acting under a licence on which is written the fishery symbol ‘S’ 2 if the prescribed commercial catch for the fish in waters north of latitude 24º30' south and east of longitude 142º31'49'' east is more than 480t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L2’, ‘L3’ or ‘L8’ 3 if the prescribed commercial catch for the fish in waters south of latitude 24º30' south is more than 120t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘L1’ or ‘L8’ Page 22 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] N more than 10 S more than 150cm or interdorsal length more than 60cm 1 a person taking the fish while acting under a licence on which is written the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’, unless the person is also acting under a licence on which is written the fishery symbol ‘S’ 2 if the prescribed commercial catch for the fish in waters north of latitude 24º30' south and east of longitude 142º31'49'' east is more than 480t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ 3 if the prescribed commercial catch for the fish in waters south of latitude 24º30' south is more than 120t—a person taking the fish in, or possessing the fish taken in, the waters while acting under a licence on which is written the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ a person taking or possessing the fish, unless the person is acting under a licence on which is written— (a) the fishery symbols— (i) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (ii) ‘S’; or (b) the fishery symbol ‘N3’, ‘N9’, ‘N11’, ‘N12’ or ‘N13’ 2014 SL No. 69 Page 23
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 16] W more than 100kg F ofiflltehteedfifsohrmin a person taking the fish in the Gulf of Carpentaria waters or possessing the fish taken in the waters while acting under a commercial fishing boat licence or developmental fishing permit authorising the taking of fish for trade or commerce using a fishing line (7) Schedule 2, part 2, entry for shovelnose ray— omit, insert — shovelnose ray F the fish, or the tail or fins of the fish, if the tail or any of the fins are removed from the body of the fish a person possessing the fish, tail or fins on a boat F filleted a person possessing the fish on a boat N more than 1 a recreational fisher taking or possessing the fish S more than 150cm or interdorsal length more than 60cm a person taking or possessing the fish, unless the person is acting under a licence on which is written— (a) the fishery symbols— (i) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (ii) ‘S’; or (b) the fishery symbol ‘N3’ or ‘N9’ (8) Schedule 2, part 2, entry for trevally (other than queenfish, swallowtail dart and yellowtail kingfish)— omit, insert— trevally (other than amberjack, queenfish, Samsonfish, swallowtail dart and yellowtail kingfish) N more than 20 a recreational fisher taking or possessing the fish Page 24 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 2 Amendment of Fisheries Regulation 2008 [s 17] (9) Schedule 2, part 2, entry for whitetip reef shark— omit, insert — whitetip reef shark F the fish, or the tail or fins of the fish, if the tail or any of the fins are removed from the body of the fish a person possessing the fish, tail or fins on a boat F filleted a person possessing the fish on a boat N more than 1 a person taking or possessing the fish S more than 150cm or interdorsal length more than 60cm a person taking or possessing the fish, unless the person is acting under a licence on which is written— (a) the fishery symbols— (i) ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’; and (ii) ‘S’; or (b) the fishery symbol ‘N3’ or ‘N9’ (10) Schedule 2, part 3, entry for banded rainbowfish, black banded rainbowfish, crimson spotted rainbowfish, Eastern rainbowfish, Lake Eacham rainbowfish, McCulloch’s rainbowfish, Murray River rainbowfish or any combination of these fish— omit . 17 Amendment of sch 5 (Glossary of scientific names for particular coral reef fin fish species) Schedule 5, part 7, column 2, ‘Diagramma labiosum’— omit, insert — Diagramma pictum labiosum 2014 SL No. 69 Page 25
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 3 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 [s 18] 18 Amendment of sch 6 (Glossary of scientific names for particular fish other than regulated coral reef fin fish) Schedule 6, part 3— insert — chequered rainbowfish desert rainbowfish Melanotaenia inornata Melanotaenia tatei 19 Amendment of sch 10A (Prescribed stocked impoundments) Schedule 10A, ‘Bjelke Peterson Dam’— omit, insert — Bjelke-Petersen Dam 20 Amendment of sch 11 (Dictionary) Schedule 11, part 2, definition annual quota , ‘the annual quota under section 600J’— omit, insert— the quota declared by the chief executive for the fishery under the Act, section 44 Part 3 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 21 Plan amended This part amends the Fisheries (Coral Reef Fin Fish) Management Plan 2003. Page 26 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 3 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 [s 22] 22 Amendment of s 69 (Meaning of entitlement of line unit holder) (1) Section 69(1)— omit, insert — (1) The holder of, or a person acting under, a CT line unit may take, in a line year, the weight of regulated coral trout worked out by dividing the annual quota for regulated coral trout for the line year by the total number of CT line units that have been issued. (1A) The holder of, or a person acting under, a RTE line unit may take, in a line year, the weight of redthroat emperor worked out by dividing the annual quota for redthroat emperor for the line year by the total number of RTE line units that have been issued. (1B) The holder of, or a person acting under, an OS line unit may take, in a line year, the weight of other coral reef fin fish worked out by dividing the annual quota for other coral reef fin fish for the line year by the total number of OS line units that have been issued. (2) Section 69— insert — (5) In this section— annual quota means the annual quota declared by the chief executive for the reef line fishery under the Act, section 44. (3) Section 69(1A) to (5)— renumber as section 69(2) to (7). 23 Omission of ss 69A to 69C Sections 69A to 69C— 2014 SL No. 69 Page 27
Fisheries Legislation Amendment Regulation (No. 1) 2014 Part 4 Amendment of Fisheries (East Coast Trawl) Management Plan 2010 [s 24] omit . 24 Amendment of sch 8 (Dictionary) Schedule 8, definition entitlement , ‘section 69(2)’— omit, insert— section 69(4) Part 4 Amendment of Fisheries (East Coast Trawl) Management Plan 2010 25 Plan amended This part amends the Fisheries (East Coast Trawl) Management Plan 2010. 26 Replacement of s 13 (Prohibited activities) Section 13— omit, insert — 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. Page 28 2014 SL No. 69
Fisheries Legislation Amendment Regulation (No. 1) 2014 ENDNOTES 1 Made by the Governor in Council on 22 May 2014. 2 Notified on the Queensland legislation website on 23 May 2014. 3 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 69 Page 29
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