Fisheries Management Plans Amendment Management Plan (No. 1) 2004 (Qld)

Fisheries Management Plans Amendment Management Plan (No. 1) 2004

Queensland Fisheries Management Plans Amendment Management Plan (No. 1) 2004 Subordinate Legislation 2004 No. 111 made under the Fisheries Act 1994 Contents Part 1 Part 2 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 3 Management plan amended in pt 2 . . . . . . . . . . 4 Amendment of s 2 (Commencement) . . . . . . . . 5 Amendment of s 6 (Scientiﬁc names of coral reef ﬁn ﬁsh) . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 7 (Closures—sch 3) . . . . . . . . 7 Amendment of s 17 (Deﬁnitions for div 2) . . . . . 8 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . 20A Meaning of special south-east Queensland licence . . . . . . . . . . . . . . . 9 Amendment of s 23 (Criteria to be met for relevant licence) . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 25 (Second criteria) . . . . . . . . 8 8 8 8 9 9 9 10 10 10 10

2 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 11 Amendment of s 29 (Requirements for preliminary notice) . . . . . . . . . . . . . . . . . . . . . . . 11 12 Amendment of s 30 (Applying for reconsideration) . . . . . . . . . . . . . . . . . . . 11 13 Insertion of new ch 3, pt 1, div 2, subdiv 5A . . . 11 Subdivision 5A Special reconsideration for special south-east Queensland licences 36A Application and purpose of subdiv 5A . 11 36B Application for special reconsideration of particular licences . . . . . . . . . . . . . . . 12 36C Chief executive to decide whether licence is special south-east Queensland licence . . . . . . . . . . . . . . 13 36D Information chief executive may consider in deciding whether licence is a special south-east Queensland licence 13 36E Criteria reapplied if licence is special south-east Queensland licence. . . . . . . 14 36F Adjusted criteria for special south-east Queensland licences. . . . . . . . . . . . . . . 15 14 Amendment of s 37 (Chief executive to amend licences and give amendment notice) . . . 16 15 Amendment of s 43 (Simpliﬁed outline of pt 2) . 16 16 Amendment of s 44 (Deﬁnitions for pt 2) . . . . . . 17 17 Amendment of s 47 (Effect of transfer of licence to corporation for ss 45 and 46) . . . . . . . 17 18 Amendment of s 52 (Number of line units to be issued to eligible holders) . . . . . . . . . . . . . . . . . 17 19 Amendment of s 59 (Requirements for catch history notice) . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Amendment of s 61 (Deciding application for issue of line units) . . . . . . . . . . . . . . . . . . . . . . . 18 21 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . 18 22 Insertion of new ch 3, pt 2, div 3A . . . . . . . . . . . 19 Division 3A Additional units 65A Application of div 3A . . . . . . . . . . . . . . . 19

3 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 65B Deﬁnitions for div 3A . . . . . . . . . . . . . . . 19 65C Chief executive must issue additional units . . . . . . . . . . . . . . . . . . . . . . . . 20 65D Working out average recorded catch . . 21 65E Interpretation of unlawful, ambiguous or incomplete relevant logbook information . . . . . . . . . . . . . . . . . . 22 65F Requirements for application for issue of additional line units . . . . . . . . . . . . . . 23 23 Amendment of s 72 (Line unit certiﬁcates) . . . . 23 24 Replacement of s 74 (Transhipment notice and landed ﬁsh notice are evidence of use of entitlement) . . . . . . . . . . . . . . . . . . . . . . . . . 24 74 Unloaded ﬁsh notice is evidence of use of entitlement . . . . . . . . . . . . . . . . . . . . 24 25 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . 24 74A Particular notice is evidence of unused entitlement . . . . . . . . . . . . . . . . . . . . . . 24 26 Amendment of s 78 (Application for line unit certiﬁcate changes required) . . . . . . . . . . . . . . . 25 27 Replacement of s 79 (Required minimum line units after transfer) . . . . . . . . . . . . . . . . . . . . . . . 25 79 Requirement if application for transfer of all line units . . . . . . . . . . . . . . . . . . . . 25 28 Amendment of s 80 (When transfer of line units takes effect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 29 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . 25 80A Issue of ﬁsher PIN for particular transferees . . . . . . . . . . . . . . . . . . . 25 30 Amendment of s 83 (How chief executive must deal with application) . . . . . . . . . . . . . . . . . . . . . 26 31 Replacement of ch 3, pt 2, div 9 and div 10, hdg 26 32 Amendment and renumbering of s 86 (Change of notice identity number) . . . . . . . . . . 26 33 Insertion of new s 85 . . . . . . . . . . . . . . . . . . . . . 26 85 Change of ﬁsher PIN. . . . . . . . . . . . . . . 27 34 Replacement of s 98 (Purpose of subdiv 1–3). . 27

4 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 98 Application of subdiv 1–3 . . . . . . . . . . . 27 35 Replacement of s 106 (Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh) . . 27 106 Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh . . . . . . . . . 27 106A Identiﬁcation requirement to allow identiﬁcation or counting of coral reef ﬁn ﬁsh . . . . . . . . . . . . . . . . . . . . 28 36 Replacement of ch 3, pt 3, div 2, subdiv 4 and div 4 . . . . . . . . . . . . . . . . . . . 28 Subdivision 4 Line units 110 Purpose of subdiv 4 . . . . . . . . . . . . . . . 28 111 Deﬁnitions for subdiv 4 . . . . . . . . . . . . . 29 112 Requirements for taking or possessing ﬁsh on authorised boat . . . . . . . . . 39 113 Requirement to give prior notice . . . . . . 40 114 Requirement to give replacement prior notice if unloading particular changes . 41 115 Amendment or withdrawal of prior notice 41 116 General requirements after prior notice given . . . . . . . . . . . . . . . . . . . . . . 42 117 Additional requirements if prior notice stated ﬁsh will be unloaded. . . . . . . . . . 43 118 Requirement to give transhipment notice 44 119 General requirement for unloading ﬁsh. 45 120 Additional requirements for unloading ﬁsh if prior notice given . . . . . . . . . . . . . 46 121 Requirements for weighing unloaded ﬁsh . . . . . . . . . . . . . . . . . 47 122 Requirement to give unloaded ﬁsh notice . . . . . . . . . . . . . . 47 123 Notices to chief executive under this subdivision . . . . . . . . . . . . . . . . . . . . . . 48 37 Amendment of s 135 (Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh) . . . . . . . . . . . . . . . . . . . . . 48

5 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 38 Replacement of s 136 (Prohibition on bringing live coral reef ﬁn ﬁsh ashore) . . . . . . . . . . 49 136 Prohibition on possessing live coral reef ﬁn ﬁsh on boat during tour . . . . . . . . . . 49 39 Amendment of s 140 (Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh) 50 40 Replacement of s 141 (Prohibition on bringing live coral reef ﬁn ﬁsh ashore) . . . . . . . . . . . . . . 50 141 Prohibition on possessing live coral reef ﬁn ﬁsh on boat. . . . . . . . . . . . . . . . . . . . 51 41 Amendment of s 149 (Serious ﬁsheries offences) . . . . . . . . . . . . . . . . . . . . . . . 51 42 Amendment of s 150 (Criteria for suspending authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 43 Amendment of s 151 (Criteria for suspending line units) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 44 Amendment of s 152 (Criteria for cancelling line units) . . . . . . . . . . . . . . . . . . . . . . . . 52 45 Replacement of ss 153–156 . . . . . . . . . . . . . . . 52 Division 1 Provisions about statistical returns and other information 153 Deﬁnitions for div 1 . . . . . . . . . . . . . . . . 52 154 Records to be kept about wholesale sales of coral reef ﬁn ﬁsh . . . . . . . . . . . 54 155 Records to be kept about imports of coral reef ﬁn ﬁsh . . . . . . . . . . . . . . . . . . 54 156 Records to be kept about commercial carriage of coral reef ﬁn ﬁsh . . . . . . . . . 55 156A Records to be kept about commercial storage of coral reef ﬁn ﬁsh. . . . . . . . . . 56 156B Notice requirement for bringing coral reef ﬁn ﬁsh into particular ﬁshery area . 56 Division 2 Other provision’. 46 Insertion of new ch 6, div 1, hdg . . . . . . . . . . . . 57 47 Amendment of s 161 (Expiry of ch 6) . . . . . . . . 58 48 Insertion of new ch 6, div 2 . . . . . . . . . . . . . . . . 58

Part 3 Part 4 Part 5 6 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 Division 2 Transitional provision for the Fisheries Management Plans Amendment Management Plan (No. 1) 2004 162 Existing notice identity numbers . . . . . . 49 Amendment of sch 2 (Coral reef ﬁn ﬁsh) . . . . . . 50 Amendment sch 5 (Adjusted criteria for event-based special circumstances) . . . . . . . . . 51 Amendment of sch 7 (Whole weight) . . . . . . . . . 52 Amendment of sch 8 (Dictionary) . . . . . . . . . . . Amendment of Fisheries (East Coast Trawl) Management Plan 1999 53 Management plan amended in pt 3 . . . . . . . . . . 54 Amendment of s 15A (Closed waters—reef world heritage area) . . . . . . . . . . . . . . . . . . . . . . 55 Amendment of s 236 (Purpose and application of div 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Amendment of s 239 (Deﬁnitions for ch 6). . . . . 57 Amendment of sch 3 (Speciﬁc closed waters) . . 58 Amendment of sch 7 (Aids to interpretation and deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fisheries (Freshwater) Management Plan 1999 59 Management plan amended in pt 4 . . . . . . . . . . 60 Amendment of s 10A (Exemption for Australian bass) ............................. 61 Amendment of s 26E (Silver perch) . . . . . . . . . . 62 Amendment of s 65 (Restriction on trapping times) ........................... 63 Amendment of s 73 (Criteria for suspending authority relating to ﬁshery) . . . . . . . . . . . . . . . . Amendment of Fisheries (Gulf Of Carpentaria Inshore Fin Fish) Management Plan 1999 64 Management plan amended in pt 5 . . . . . . . . . . 58 58 59 60 60 64 64 65 65 66 66 66 67 67 67 67 68

Part 6 7 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 65 Amendment of s 93 (Criteria for suspension of licences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Amendment of sch 4 (Aids to interpretation and deﬁnitions). . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fisheries (Spanner Crab) Management Plan 1999 67 Management plan amended in pt 6 . . . . . . . . . . 68 Amendment of s 19 (Net). . . . . . . . . . . . . . . . . . 69 Amendment of s 28 (When entitlement is “used” for a quota year). . . . . . . . . . . . . . . . . . . . . . . . . 70 Amendment of s 49 (Dillies—permitted number) 71 Amendment of s 51 (Net). . . . . . . . . . . . . . . . . . 72 Amendment of s 85 (Criteria for suspending certain authorities—convictions) . . . . . . . . . . . . 73 Amendment of sch 3 (Aids to interpretation and deﬁnitions). . . . . . . . . . . . . . . . . . . . . . . . . . 68 68 69 69 69 69 69 70 70

s1 8 s4 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 Part 1 Preliminary 1 Short title This management plan may be cited as the Fisheries Management Plans Amendment Management Plan (No. 1) 2004 . 2 Commencement (1) Part 2 and section 54 commence on 1 July 2004, immediately after the relevant uncommenced provisions commence. 1 (2) In this section— relevant uncommenced provisions means chapter 3, part 3, division 2, subdivision 4, and sections 153 to 156 of the Fisheries (Coral Reef Fin Fish) Management Plan 2003 . Part 2 Amendment of Fisheries (Coral Reef Fin Fish) Management Plan 2003 3 Management plan amended in pt 2 This part amends the Fisheries (Coral Reef Fin Fish) Management Plan 2003. 4 Amendment of s 2 (Commencement) Section 2(2)(b)— 1 The relevant uncommenced provisions commence on 1 July 2004 (see section 2(2) of the Fisheries (Coral Reef Fin Fish) Management Plan 2003) .

s5 9 s7 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 omit, insert— ‘(b) sections 153 to 156. 2 ’. 5 Amendment of s 6 (Scientiﬁc names of coral reef ﬁn ﬁsh) Section 6(2)(c), from ‘University’ to ‘America’— omit, insert — ‘Crawford House Publishing Pty Ltd, Bathurst, Australia’. 6 Amendment of s 7 (Closures—sch 3) Section 7(1)— omit, insert — ‘(1) Waters east of longitude 142º31.82' east between latitude 10º41.00' south and latitude 24º50.00' south are closed waters.’. 7 Amendment of s 17 (Deﬁnitions for div 2) (1) Section 17, deﬁnition adjusted criteria — omit. (2) Section 17— insert — ‘ adjusted criteria — (a) for a special south-east Queensland licence—see section 36E(1); or (b) for another relevant licence—see section 33(1)(a). special reconsideration notice see section 36B(3). special south-east Queensland licence see section 20A.’. 2 The Fisheries Management Plans Amendment Management Plan (No. 1) 2004 provides for the replacement of chapter 3, part 3, division 2, subdivision 4, and sections 153–156 immediately after the commencement of the provisions.

s 8 10 s 10 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 8 Insertion of new s 20A After section 20— insert— ‘20A Meaning of special south-east Queensland licence ‘(1) A relevant licence is a special south-east Queensland licence if— (a) the licence has written on it the ﬁshery symbol ‘L3’ and any of the following ﬁshery symbols— (i) ‘L1’; (ii) ‘L6’; (iii) ‘L7’; and (b) during the relevant period, coral reef ﬁn ﬁsh were lawfully taken, under the licence, from waters between latitude 24º30.00' south and the New South Wales–Queensland border. ‘(2) In this section— relevant period means the period between 20 May 1997 and 31 December 2001.’. 9 Amendment of s 23 (Criteria to be met for relevant licence) Section 23(2), ‘met.’— omit, insert — ‘met. 3 ’. 10 Amendment of s 25 (Second criteria) Section 25(1)(b), ‘the licence.’— omit, insert — ‘the licence. 4 ’. 3 However, for a special south-east Queensland licence, see section 36F. 4 However, for a special south-east Queensland licence, see section 36F.

s 11 11 s 13 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 11 Amendment of s 29 (Requirements for preliminary notice) Section 29(b)(ii), ‘;’— omit, insert— ‘; and’. 12 Amendment of s 30 (Applying for reconsideration) Section 30— insert — ‘(3) Despite subsection (2)(a), the chief executive may consider a reconsideration notice received after the end of the 6 week period mentioned in the subsection if the chief executive is reasonably satisﬁed the holder was prevented from giving the notice to the chief executive within the period by reasons beyond the holder’s control.’. 13 Insertion of new ch 3, pt 1, div 2, subdiv 5A After section 36— insert — ‘Subdivision 5A Special reconsideration for special south-east Queensland licences ‘36A Application and purpose of subdiv 5A ‘This subdivision— (a) applies to a relevant licence— (i) that is a special south-east Queensland licence; and (ii) on which the ﬁshery symbol ‘RQ’ is not written at the commencement of this section; and (b) states the procedure that applies for writing the ﬁshery symbol ‘RQ’ on the licence.

s 13 12 s 13 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘36B Application for special reconsideration of particular licences ‘(1) A holder of a relevant licence that is a special south-east Queensland licence may, by written notice, ask the chief executive to reconsider the chief executive’s decision under subdivision 3. ‘(2) Subsection (1) applies whether or not— (a) the chief executive has given the holder a preliminary notice under section 29 that is taken to be a ﬁnal notice under section 29(f)(i); or (b) the holder has given the chief executive a reconsideration notice under section 30; or (c) the holder has lodged an appeal against a decision of the chief executive under subdivision 3 or 5. ‘(3) The written notice (the special reconsideration notice ) must— (a) state— (i) that the holder’s licence is a special south-east Queensland licence; and (ii) if an event-based special circumstance exists for the holder—that an event-based special circumstance exists for the holder; and (b) be given to the chief executive within 6 weeks after the commencement of this section; and (c) be accompanied by an application for an amendment of the relevant licence, and any tender licence identifying a tender boat of the primary boat identiﬁed on the relevant licence, to remove the ﬁshery symbol ‘L3’ from the licence or licences. ‘(4) Despite subsection (3)(b), the chief executive may consider a special reconsideration notice received after the end of the 6 week period mentioned in the subsection if the chief executive is reasonably satisﬁed the holder was prevented from giving the notice to the chief executive within the period by reasons beyond the holder’s control.

s 13 13 s 13 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘(5) If a person makes an application under this section, the making of the application does not affect— (a) the person’s right to appeal against a decision of the chief executive under subdivision 3 or 5; or (b) if the person has lodged an appeal against a decision of the chief executive under subdivision 3 or 5—the appeal. ‘36C Chief executive to decide whether licence is special south-east Queensland licence ‘(1) As soon as practicable after receiving a special reconsideration notice, the chief executive must, using only the information stated in section 36D, decide whether the licence the subject of the notice is a special south-east Queensland licence. ‘(2) If the chief executive is not reasonably satisﬁed the licence is a special south-east Queensland licence, the chief executive must give the holder a decision notice about the decision. ‘36D Information chief executive may consider in deciding whether licence is a special south-east Queensland licence ‘(1) For section 36C(1), the information is— (a) the relevant logbook information; and (b) the documents or information accompanying the special reconsideration notice. ‘(2) If relevant logbook information considered by the chief executive under this section is ambiguous or incomplete, the chief executive may— (a) disregard the information; or (b) interpret the information in a way that is, in the chief executive’s opinion, reasonable. ‘(3) However, if there is more than 1 interpretation of the information the chief executive considers reasonable, the chief

s 13 14 s 13 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 executive must prefer the interpretation most favourable to the holder. ‘(4) The chief executive must disregard relevant logbook information considered under this section if the chief executive reasonably believes coral reef ﬁn ﬁsh recorded in the relevant logbook information were not taken or were taken unlawfully. ‘36E Criteria reapplied if licence is special south-east Queensland licence ‘(1) If the chief executive is reasonably satisﬁed the relevant licence the subject of a special reconsideration notice is a special south-east Queensland licence, the chief executive must consider whether the criteria stated in section 36F (the adjusted criteria ) are met for the relevant licence. ‘(2) In considering whether the adjusted criteria are met, the chief executive must use only— (a) the relevant logbook information relating to coral reef ﬁn ﬁsh taken from waters between latitude 24º30.00' south and the New South Wales–Queensland border; and (b) any further information or evidence given to the chief executive within the stated period under subsection (3). ‘(3) If the notice states an event-based special circumstance exists for the holder, the chief executive may ask the holder to give, within a stated period of at least 14 days, any further relevant information or evidence the chief executive requires to decide whether an event-based special circumstance exists for the holder. ‘(4) The holder must give the chief executive the further information or evidence requested. ‘(5) If relevant logbook information considered by the chief executive under this section is ambiguous or incomplete, the chief executive may— (a) disregard the information; or

s 13 15 s 13 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) interpret the information in a way that is, in the chief executive’s opinion, reasonable. ‘(6) However, if there is more than 1 interpretation of the information the chief executive considers reasonable, the chief executive must prefer the interpretation most favourable to the holder. ‘(7) The chief executive must disregard relevant logbook information considered under this section if the chief executive reasonably believes coral reef ﬁn ﬁsh recorded in the relevant logbook information— (a) were not taken; or (b) were not taken from waters between latitude 24º30.00' south and the New South Wales–Queensland border; or (c) were taken unlawfully. ‘(8) The chief executive must give the holder the following notice— (a) if the chief executive is reasonably satisﬁed the adjusted criteria are met for the licence—an amendment notice; (b) if paragraph (a) does not apply—a decision notice about the decision. ‘36F Adjusted criteria for special south-east Queensland licences ‘(1) For section 36E(1), the criteria are that— (a) the second criteria must be met for the licence; and (b) the second criteria must be met taking into account only coral reef ﬁn ﬁsh taken from waters between latitude 24º30.00' south and the New South Wales–Queensland border. ‘(2) The ﬁrst criteria need not be met for the licence. ‘(3) If the chief executive is reasonably satisﬁed that an event-based special circumstance exists for the holder of the licence, for working out whether the second criteria is met for the licence, the amount of coral reef ﬁn ﬁsh taken under the

s 14 16 s 15 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 licence and a former licence for the licence for a prescribed period must be decided as required under schedule 5. ‘(4) Subsections (1) and (2) apply despite section 23(2).’. 14 Amendment of s 37 (Chief executive to amend licences and give amendment notice) Section 37(1)(b), after ‘subdivision 5’— insert — ‘or 5A’. 15 Amendment of s 43 (Simpliﬁed outline of pt 2) (1) Section 43(3), from ‘issue of’— omit, insert— ‘issue of— (a) if the licence is a special south-east Queensland licence—only OS line units in relation to the licence; or (b) if paragraph (a) does not apply—CT line units, RTE line units and OS line units in relation to the licence.’. (2) Section 43— insert— ‘(5A) Division 3A requires the chief executive to issue additional CT line units, RTE line units or OS line units to particular holders if the entitlement under the CT line units, RTE line units or OS line units on a particular day is less than 80% of the prescribed recorded catch for the CT line units, RTE line units and OS line units.’. (3) Section 43(10)— omit. (4) Section 43(5A) to (9)— renumber as section 43(6) to (10).

s 16 17 s 18 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 16 Amendment of s 44 (Deﬁnitions for pt 2) Section 44— insert— ‘ prescribed recorded catch means— (a) for CT line units—the average recorded catch for coral trout, worked out under section 65D, for the holder of the RQ licence to which the line units relate; or (b) for RTE line units—the average recorded catch for red throat emperor, worked out under section 65D, for the holder of the RQ licence to which the line units relate; or (c) for OS line units—the average recorded catch for other coral reef ﬁn ﬁsh, worked out under section 65D, for the holder of the RQ licence to which the line units relate.’. 17 Amendment of s 47 (Effect of transfer of licence to corporation for ss 45 and 46) Section 47, ‘45 and 46’— omit, insert— ‘45, 46 and 65A’. 18 Amendment of s 52 (Number of line units to be issued to eligible holders) Section 52(a)— omit, insert— ‘(a) the following— (i) if the licence is a special south-east Queensland licence—800 OS line units; (ii) if subparagraph (i) does not apply—each of the following— (A) 800 CT line units;

s 19 18 s 21 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (B) 400 RTE line units; (C) 800 OS line units; and’. 19 Amendment of s 59 (Requirements for catch history notice) Section 59(c)(ii)(C), ‘;’— omit, insert— ‘; and’. 20 Amendment of s 61 (Deciding application for issue of line units) Section 61(8)(a)(ii) and (iii)— omit, insert — ‘(ii) a 4-digit identity number (a unit PIN ) for the line units.’. 21 Insertion of new s 61A After section 61— insert — ‘61A Issue of ﬁsher PIN ‘(1) This section applies if the chief executive has decided under section 61 the number of line units to be issued to an eligible holder. ‘(2) The chief executive must issue the holder a 4-digit identity number (a ﬁsher PIN ) for the line units issued to the holder— (a) if the decision was made before the commencement of this section—immediately after the commencement of this section; or (b) if paragraph (a) does not apply—when the chief executive issues the holder a line unit certiﬁcate for the line units under section 61.’.

s 22 19 s 22 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 22 Insertion of new ch 3, pt 2, div 3A Chapter 3, part 2— insert — ‘Division 3A Additional units ‘65A Application of div 3A ‘This division applies if— (a) the chief executive has issued CT line units, RTE line units or OS line units under division 3, or has worked out the number of CT line units, RTE line units or OS line units to be issued under division 3, to an eligible holder in relation to an RQ licence; and (b) the holder, or, if there is more than 1 holder of the licence, at least 1 of the holders, held the licence continuously from 19 May 1997 to the following day— (i) if line units were issued under division 3 before the commencement of this section—the day this section commences; or (ii) if subparagraph (i) does not apply—the day the chief executive works out the number of CT line units, RTE line units or OS line units to be issued under division 3; and (c) the entitlement under the CT line units, RTE line units or OS line units on the relevant day is less than 80% of the prescribed recorded catch for the CT line units, RTE line units or OS line units; and (d) if the CT line units, RTE line units or OS line units were issued to the holder under division 3 before the commencement of this section—the holder applies to the chief executive as required under section 65F for the issue of additional units under this division. ‘65B Deﬁnitions for div 3A ‘In this division—

s 22 20 s 22 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 recorded catch amount , for an eligible holder, for a year, means the amount of coral trout, red throat emperor or other coral reef ﬁn ﬁsh— (a) taken lawfully during the year under a prescribed ﬁshery symbol written on the holder’s RQ licence and a former licence for the RQ licence; and (b) recorded in relevant logbook information. relevant day means— (a) if CT line units, RTE line units or OS line units were issued to the holder under division 3 before the commencement of this section—the day the line units were issued to the holder; or (b) if paragraph (a) does not apply—the day the chief executive decides the number of CT line units, RTE line units or OS line units to be issued to the holder under division 3. relevant period means the period starting on 1 January 1994 and ending on 31 December 1996. ‘65C Chief executive must issue additional units ‘(1) The chief executive must issue enough additional CT line units, RTE line units or OS line units to the holder to ensure the entitlement, on the day the additional units are issued, under the total number of CT line units, RTE line units or OS line units issued to the holder is at least 80% of the prescribed recorded catch for the CT line units, RTE line units or OS line units. ‘(2) The additional CT line units, RTE line units or OS line units must be issued to the holder— (a) if CT line units, RTE line units or OS line units were issued to the holder under division 3 before the commencement of this section—as soon as practicable after the chief executive receives the holder’s application for the issue of additional CT line units, RTE line units or OS line units under this division; or

s 22 21 s 22 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) if paragraph (a) does not apply—at the time the chief executive issues CT line units, RTE line units or OS line units to the holder under division 3. ‘65D Working out average recorded catch ‘(1) For section 65C, the average recorded catch for coral trout, red throat emperor or other coral reef ﬁn ﬁsh for an eligible holder is— (a) if subsection (3) does not apply—the average of the recorded catch amounts for the holder for each year of the relevant period; or (b) if subsection (3) applies—the amount worked out under that subsection. ‘(2) Subsection (3) applies if— (a) the chief executive is reasonably satisﬁed that an event-based special circumstance exists for the holder; and (b) the event period for the event-based special circumstance happened wholly or partly within the relevant period, whether or not the event period happened for a whole year within the relevant period. ‘(3) If this subsection applies, the average recorded catch for the holder is the average of the following recorded catch amounts for the holder— (a) for a year within the relevant period for which the event was not happening—the recorded catch amount for the holder for the year; (b) for a year within the relevant period for which the event was happening—the highest of the following— (i) the recorded catch amount for the holder for the last year ending before the start of the event; (ii) the recorded catch amount for the holder for the ﬁrst year starting after the end of the event; (iii) the recorded catch amount for the holder for the year.

s 22 22 s 22 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘(4) Subsection (3) applies despite section 45(2). ‘(5) For working out the average recorded catch amount under subsection (3), the recorded catch amount for a year may be used more than once. ‘(6) Subject to section 65E, in deciding the recorded catch amount the chief executive must consider only the relevant logbook information for the years during the relevant period. ‘65E Interpretation of unlawful, ambiguous or incomplete relevant logbook information ‘(1) If relevant logbook information for a year during the relevant period is ambiguous or incomplete the chief executive may— (a) disregard the information; or (b) interpret the information in a way that is, in the chief executive’s opinion, reasonable. Example of ambiguous or incomplete information — the logbook information does not identify the species of the ﬁsh ‘(2) However, if there is more than 1 interpretation of the information that the chief executive considers reasonable, the chief executive must prefer the interpretation most favourable to the holder. ‘(3) Despite subsections (1)(b) and (2), the chief executive must not interpret, as an amount of coral trout, an amount of unidentiﬁed ﬁsh recorded in the relevant logbook information if the relevant logbook information also records any of the following as being taken on the same day as the unidentiﬁed ﬁsh— (a) an amount of ﬁsh identiﬁed as ‘trout’; (b) an amount of ﬁsh identiﬁed as coral trout. ‘(4) The chief executive must disregard relevant logbook information for a year during the relevant period if the chief executive reasonably believes coral reef ﬁn ﬁsh recorded in the relevant logbook information were not taken or were taken unlawfully.

s 23 23 s 23 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘(5) For subsection (4), the chief executive may use any documents or information held or obtained by the chief executive to decide whether coral reef ﬁn ﬁsh recorded in the relevant logbook information were not taken or were taken unlawfully. ‘65F Requirements for application for issue of additional line units ‘(1) This section applies to an application for the issue of additional CT line units, RTE line units or OS line units under this division made by an eligible holder who was issued CT line units, RTE line units or OS line units before the commencement of this section. ‘(2) The application must— (a) be in writing; and (b) if an event-based special circumstance exists for the holder—state that an event-based special circumstance exists for the holder; and (c) be made within 6 weeks after the commencement of this section. ‘(3) Despite subsection (2)(c), the chief executive may consider an application received after the end of the 6 week period mentioned in the subsection if the chief executive is reasonably satisﬁed the holder was prevented from giving the application to the chief executive within the period by reasons beyond the holder’s control.’. 23 Amendment of s 72 (Line unit certiﬁcates) (1) Section 72(2)(c)— omit. (2) Section 72(2)(d) to (k)— renumber as section 72(2)(c) to (j).

s 24 24 s 25 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 24 Replacement of s 74 (Transhipment notice and landed ﬁsh notice are evidence of use of entitlement) Section 74— omit, insert — ‘74 Unloaded ﬁsh notice is evidence of use of entitlement ‘(1) This section applies if the holder, or another person acting for the holder, of CT line units, RTE line units or OS line units gives the chief executive an unloaded ﬁsh notice for the prescribed coral reef ﬁn ﬁsh for the line units. ‘(2) The notice is evidence that the holder has taken, under the line units, the whole weight equivalent of the amount of coral reef ﬁn ﬁsh stated in the notice. ‘(3) For subsection (2), the whole weight equivalent of the amount of coral reef ﬁn ﬁsh stated in the notice is— (a) for an amount stated for whole coral reef ﬁn ﬁsh—the amount stated; or (b) for an amount stated for coral reef ﬁn ﬁsh that is not whole—the amount calculated in the way stated in schedule 7.’. 25 Insertion of new s 74A Chapter 3, part 2, division 6— insert — ‘74A Particular notice is evidence of unused entitlement ‘(1) This section applies if a holder of CT line units, RTE line units or OS line units has obtained a written notice from the chief executive stating the amount of unused entitlement under the CT line units, RTE line units or OS line units for a stated line year on a stated date. ‘(2) The notice is evidence of the amount of unused entitlement under the CT line units, RTE line units or OS line units for the stated line year on the stated date. 5 ’. 5 For information obtained using the AIVR system, see section 110F (Record kept by AIVR system is evidence of particular information) of the regulation.

s 26 25 s 29 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 26 Amendment of s 78 (Application for line unit certiﬁcate changes required) Section 78— insert — ‘(3) Subsection (1) does not apply to a temporary transfer of line units.’. 27 Replacement of s 79 (Required minimum line units after transfer) Section 79— omit, insert — ‘79 Requirement if application for transfer of all line units ‘(1) This section applies if the application is for the transfer of all the line units held by the transferor in relation to an RQ licence. ‘(2) The chief executive can approve the application only if the transferor has also applied to the chief executive to amend the transferor’s RQ licence to remove the ﬁshery symbol ‘RQ’ from the licence.’. 28 Amendment of s 80 (When transfer of line units takes effect) Section 80— insert — ‘(2) As soon as practicable after the chief executive approves the application, the chief executive must ensure the AIVR system is updated to reﬂect the transfer.’. 29 Insertion of new s 80A After section 80— insert — ‘80A Issue of ﬁsher PIN for particular transferees ‘(1) This section applies if—

s 30 26 s 33 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (a) the chief executive has approved an application for a transfer of line units; and (b) the transferee did not hold any line units immediately before the transfer. ‘(2) The chief executive must, immediately after the approval is given, issue the transferee a 4-digit identity number (a ﬁsher PIN ) for the line units transferred to the transferee.’. 30 Amendment of s 83 (How chief executive must deal with application) (1) Section 83(1) and (2)— omit. (2) Section 83(3) and (4)— renumber as section 83(1) and (2). 31 Replacement of ch 3, pt 2, div 9 and div 10, hdg Chapter 3, part 2, division 9 and division 10, heading— omit, insert — ‘Division 9 Change of PINs ’. 32 Amendment and renumbering of s 86 (Change of notice identity number) (1) Section 86, ‘notice identity number’— omit, insert — ‘unit PIN’. (2) Section 86— renumber as section 84. 33 Insertion of new s 85 Chapter 3, part 2, division 9— insert —

s 34 27 s 35 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘85 Change of ﬁsher PIN ‘(1) The holder of line units may change the ﬁsher PIN for the line units by using the AIVR system. ‘(2) The change of the ﬁsher PIN for the line units takes effect when the holder is given a transaction number for the change. 6 ’. 34 Replacement of s 98 (Purpose of subdiv 1–3) Section 98— omit, insert — ‘98 Application of subdiv 1–3 ‘(1) Subdivisions 1 to 3 apply to the taking and possessing of coral reef ﬁn ﬁsh under the ﬁshery symbol ‘RQ’. ‘(2) This division is subject to chapter 2.’. 35 Replacement of s 106 (Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh) Section 106— omit, insert — ‘106 Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh ‘(1) A person may possess coral reef ﬁn ﬁsh on board a commercial ﬁshing boat only in any of the following forms— (a) whole; (b) gilled and gutted; (c) if the ﬁsh is ﬁlleted under a ﬁlleting permit—ﬁlleted. ‘(2) Subsection (1) does not apply to a person possessing 1 coral reef ﬁn ﬁsh that is to be used as bait. 6 See sections 110E (Requirements for AIVR system) and 110I (Procedure if AIVR system not working properly) of the regulation.

s 36 28 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘106A Identiﬁcation requirement to allow identiﬁcation or counting of coral reef ﬁn ﬁsh ‘(1) This section applies if— (a) coral reef ﬁn ﬁsh are on board a commercial ﬁshing boat; and (b) any ﬁsh on board the boat are stored in a sealed container. ‘(2) The person in control of the boat must ensure the container has attached to it a label stating, clearly and legibly— (a) if the container contains coral trout—the words ‘coral trout’ and the number of coral trout inside the container; or (b) if the container contains red throat emperor—the words ‘red throat emperor’ and the number of red throat emperor inside the container; or (c) if the container contains other coral reef ﬁn ﬁsh—the words ‘other coral reef ﬁn ﬁsh’ and the number of other coral reef ﬁn ﬁsh inside the container; or (d) if the container contains ﬁsh other than coral reef ﬁn ﬁsh—the words ‘other species of ﬁsh’ and the number of ﬁsh inside the container.’. 36 Replacement of ch 3, pt 3, div 2, subdiv 4 and div 4 Chapter 3, part 3, division 2, subdivision 4, and division 4— omit, insert — ‘Subdivision 4 Line units ‘110 Purpose of subdiv 4 ‘This subdivision prescribes conditions to which the following are subject— (a) line units;

s 36 29 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) for a commercial ﬁsher or assistant ﬁsher acting under line units held by another person—the ﬁsher’s commercial ﬁsher or assistant ﬁsher licence. ‘111 Deﬁnitions for subdiv 4 ‘In this subdivision— amending notice deadline , for an amending notice for a prior notice, means— (a) for an amending notice amending the landing period or landing place mentioned in the prior notice—the earlier of the following— (i) when the ﬁrst authorised boat, for the line unit holder by or for whom the prior notice was given, enters the area that is within 0.5 n miles of the landing place mentioned in the prior notice; (ii) if the landing place mentioned in the prior notice is at or north of latitude 15º50.30' south 7 —3 hours before the landing period mentioned in the prior notice ends; (iii) if the landing place mentioned in the prior notice is south of latitude 15º50.30' south—1 hour before the landing period mentioned in the prior notice ends; or (b) for another amending notice—the earlier of the following— (i) when the ﬁrst authorised boat, for the line unit holder by or for whom the prior notice was given, enters the area that is within 0.5 n miles of the landing place mentioned in the prior notice; (ii) 1 hour before the landing period mentioned in the prior notice ends. authorised boat , for a line unit holder, means— 7 Latitude 15º50.30' south approximately runs through Rattlesnake Point.

s 36 30 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (a) the primary boat identiﬁed in the holder’s line unit certiﬁcate for a line year; and (b) a tender boat, the licence number for which is stated in the line unit certiﬁcate, of the primary boat. authorised unloading time , for unloading coral reef ﬁn ﬁsh for which a prior notice or transhipment notice has not been given, means— (a) if the person unloading the ﬁsh has been given permission, by an inspector, to unload the ﬁsh on or after a stated time—the stated time; or (b) otherwise— (i) if the authorised boat or transport vessel on which the ﬁsh are on board landed at or north of latitude 15º50.30' south 8 and an unnotiﬁable landing notice for the landing was given before 9 a.m. on the day the boat or vessel landed—3 p.m. on the day the boat or vessel landed; or (ii) if the authorised boat or transport vessel on which the ﬁsh are on board landed at or north of latitude 15º50.30' south and an unnotiﬁable landing notice for the landing was given between 9 a.m. and 4 p.m. on the day the boat or vessel landed—6 hours after the boat or vessel landed; or (iii) if the authorised boat or transport vessel on which the ﬁsh are on board landed at or north of latitude 15º50.30' south and an unnotiﬁable landing notice for the landing was given after 4 p.m. on the day the boat or vessel landed—3 p.m. on the day after the boat or vessel landed; or (iv) if the authorised boat or transport vessel on which the ﬁsh are on board landed south of latitude 15º50.30' south—3 hours after the boat or vessel landed. complying number means— 8 Latitude 15º50.30' south approximately runs through Rattlesnake Point.

s 36 31 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (a) for the total number of coral reef ﬁn ﬁsh, or total number of coral reef ﬁn ﬁsh that are not ﬁlleted, on board all the authorised boats for a line unit holder— (i) if the total number of the ﬁsh on board the boats is more than 100—a number that is— (A) more than the number worked out by taking the corresponding total number of ﬁsh mentioned in the prior notice given for the ﬁsh and subtracting the number that is 1% of the corresponding total number, rounded down to the nearest whole number; but (B) not more than the number worked out by taking the corresponding total number of ﬁsh mentioned in the prior notice given for the ﬁsh and adding the number that is 1% of the corresponding total number, rounded down to the nearest whole number; or (ii) otherwise—the corresponding total number of ﬁsh mentioned in the prior notice given for the ﬁsh; or (b) for the total number of containers containing ﬁlleted coral reef ﬁn ﬁsh on board all the authorised boats for a line unit holder—the corresponding total number of containers mentioned in the prior notice given for the ﬁsh. identiﬁcation code , for a transport vessel, means the sequence of numbers that is to be used to identify the vessel and is— (a) nominated by the chief executive; and (b) published on the department’s website. 9 landing period , for a prior notice, see deﬁnition prior notice particulars , paragraph (e). landing place — 9 At 1 July 2004, the department’s website was at < and the part of the website relating to ﬁsheries resources and ﬁsh habitats was at < s 36 32 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (a) for a prior notice—see deﬁnition prior notice particulars , paragraph (c); or (b) for a transhipment notice—see deﬁnition transhipment notice particulars , paragraph (d)(i); or (c) for an unnotiﬁable landing notice—see deﬁnition unnotiﬁable landing notice particulars , paragraph (c)(i). notifying period , in relation to a prior notice or transhipment notice, means the period— (a) starting when the ﬁrst authorised boat, for the line unit holder who is required to give the prior notice or transhipment notice, leaves for a ﬁshing trip; and (b) ending— (i) for a prior notice—when the prior notice deadline for the notice has passed; or (ii) for a transhipment notice—immediately before the transport vessel, to which the coral reef ﬁn ﬁsh on board the authorised boats for the holder were transferred, lands. prescribed numerical code , for a place, means the sequence of numbers that may be used to identify the latitude and longitude coordinates for the place and is— (a) nominated by the chief executive; and (b) published on the department’s website. prescribed person means each of the following— (a) the holder of line units; (b) a commercial ﬁsher or assistant ﬁsher acting under line units held by another person. prescribed reason , for not giving a prior notice or transhipment notice, means either of the following— (a) the notice could not be given because all the relevant equipment on board the authorised boats for the line holder who was required to give the notice—

s 36 33 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (i) was destroyed or made unusable during the notifying period by an unforeseeable and uncontrollable event; and (ii) was not, and could not reasonably have been, replaced or made usable during the notifying period; (b) for not giving a prior notice— (i) the authorised boats for the line unit holder who was required to give the notice landed because of an unforeseeable and uncontrollable event, including, for example, a medical emergency, ﬁre and extreme weather conditions; and (ii) the notice could not be given because of the event. prior notice area means any of the following— (a) a deﬁned port area; (b) another area that is within 0.5 n miles of a part of the State where landing of a boat is practicable. prior notice deadline , for a prior notice, means the earlier of the following times— (a) the time the ﬁrst authorised boat, for the line unit holder by or for whom the notice is given, enters the prior notice area; (b) if the landing place mentioned in the notice is at or north of latitude 15º50.30' south 10 and the landing period mentioned in the notice ends during the period starting at 3 p.m. and ending at 10 p.m. on a day—6 hours before the ﬁrst of the authorised boats, for the line unit holder by or for whom the notice is given, that will be landed at the place will land at the place; (c) if the landing place mentioned in the notice is at or north of latitude 15º50.30' south and the landing period mentioned in the notice ends during the period starting at 10 p.m. on a day (the ﬁrst day ) and ending at 3 p.m. on the following day—4 p.m. on the ﬁrst day; 10 Latitude 15º50.30' south approximately runs through Rattlesnake Point.

s 36 34 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (d) if the landing place mentioned in the notice is south of latitude 15º50.30' south—3 hours before the ﬁrst of the authorised boats, for the line unit holder by or for whom the notice is given, that will be landed at the place will land at the place. prior notice particulars , for a prior notice, means each of the following— (a) the current ﬁsher PIN for the line units to which the notice relates; (b) the numerical part of the licence number of the RQ licence to which the line units relate; (c) the prescribed numerical code or the latitude and longitude coordinates for the place (the landing place ) at which any or all of the authorised boats, for the line holder by or for whom the notice is given, will be landed; (d) whether or not it is proposed to unload coral reef ﬁn ﬁsh from or by using 1 or more of the authorised boats before the boats leave the unloading area for the landing place; (e) the estimated number of hours (the landing period ), rounded to the nearest whole hour, between when the notice is given and when the authorised boats will land at the landing place; (f) the total number of each of the following on board all the authorised boats when the notice is given— (i) coral trout; (ii) red throat emperor; (iii) other coral reef ﬁn ﬁsh; (g) if the person giving the prior notice is prompted by the AIVR system to enter the following information—the following information— (i) the total number of containers containing each of the following in ﬁlleted form that are on board all the authorised boats when the notice is given—

s 36 35 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh; (ii) the total number of each of the following that are not ﬁlleted and are on board all the authorised boats when the notice is given— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh. relevant equipment means equipment that can be used— (a) to use the AIVR system; or (b) to contact a person on land or on board a boat. transhipment notice particulars , for a transhipment notice, means each of the following— (a) the current ﬁsher PIN for the line units to which the notice relates; (b) the numerical part of the licence number for the RQ licence to which the line units relate; (c) the identiﬁcation code for the transport vessel to which the notice relates; (d) the prescribed numerical code or the latitude and longitude coordinates for the places— (i) at which the vessel will be landed (the landing place ); and (ii) at which the coral reef ﬁn ﬁsh that were transferred from the authorised boats, for the line unit holder by or for whom the notice is given, to the vessel will be unloaded; (e) the date on which the ﬁsh that were transferred from the authorised boats to the vessel will be unloaded; (f) the total number of each of the following that were transferred from the authorised boats to the vessel—

s 36 36 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (i) coral trout; (ii) red throat emperor; (iii) other coral reef ﬁn ﬁsh; (g) if the person giving the transhipment notice is prompted by the AIVR system to enter the following information—the following information— (i) the total number of containers containing each of the following in ﬁlleted form that were transferred from the authorised boats to the vessel— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh; (ii) the total number of each of the following that are not ﬁlleted and were transferred from the authorised boats to the vessel— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh. unloaded ﬁsh notice particulars , for an unloaded ﬁsh notice, means each of the following— (a) the current ﬁsher PIN for the line units to which the notice relates; (b) the numerical part of the licence number for the RQ licence to which the line units relate; (c) if the person giving the unloaded ﬁsh notice is prompted by the AIVR system to enter the transaction number for a prior notice, transhipment notice or unnotiﬁable landing notice given in relation to the coral reef ﬁn ﬁsh mentioned in the unloaded ﬁsh notice—the transaction number; (d) the weight of the following that were unloaded by or for the holder— (i) each of the following in whole form—

s 36 37 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh; (ii) each of the following in gilled and gutted form— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh; (iii) each of the following in ﬁlleted form— (A) coral trout; (B) red throat emperor; (C) ﬁsh of a species of cod or groper and crimson jobﬁsh (rosy jobﬁsh) or lavender jobﬁsh; (D) goldband snapper; (E) ﬁsh of a species of tropical snapper or seaperch not mentioned in subsubparagraph (C) or (D); (F) ﬁsh of a species of emperor, other than red throat emperor; (G) ﬁsh of any other species of coral reef ﬁn ﬁsh or an unidentiﬁed species. unloading area , for a landing place, means— (a) if the landing place is within a deﬁned port area—the deﬁned port area; or (b) if the landing place is not within a deﬁned port area—an area within 0.5 n miles of the landing place. unloading particular , for a prior notice, means the information mentioned in the notice about whether or not it is proposed to unload coral reef ﬁn ﬁsh from or by using 1 or more authorised boats, for the line unit holder by or for whom the notice is given, before the boats leave the unloading area for the landing place mentioned in the notice.

s 36 38 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 unnotiﬁable landing notice see section 119(2)(b). unnotiﬁable landing notice particulars , for an unnotiﬁable landing notice, means each of the following— (a) the current ﬁsher PIN for the line units to which the notice relates; (b) the numerical part of the licence number for the RQ licence to which the line units relate; (c) the prescribed numerical code or the latitude and longitude coordinates for the places— (i) at which the authorised boats or transport vessel to which the notice relates have been landed (the landing place ); and (ii) at which the coral reef ﬁn ﬁsh on board the boats or vessel will be unloaded; (d) the total number of each of the following that are on board the boats or vessel when the notice is given— (i) coral trout; (ii) red throat emperor; (iii) other coral reef ﬁn ﬁsh; (e) if the person giving the unnotiﬁable landing notice is prompted by the AIVR system to enter the following information—the following information— (i) the total number of containers containing each of the following in ﬁlleted form that are on board the boats or vessel when the notice is given— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh; (ii) the total number of each of the following that are not ﬁlleted and are on board the boats or vessel when the notice is given— (A) coral trout;

s 36 39 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (B) red throat emperor; (C) other coral reef ﬁn ﬁsh. ‘112 Requirements for taking or possessing ﬁsh on authorised boat ‘(1) A prescribed person may take coral reef ﬁn ﬁsh from, or possess coral reef ﬁn ﬁsh on board, an authorised boat for a line unit holder in a line year only if the holder holds the following line units with unused entitlements for the line year— (a) for coral trout—CT line units; (b) for red throat emperor—RTE line units; (c) for other coral reef ﬁn ﬁsh—OS line units. ‘(2) Also, a prescribed person must not take coral reef ﬁn ﬁsh for a recreational purpose from, or possess coral reef ﬁn ﬁsh taken for a recreational purpose on board, an authorised boat for a line unit holder if coral reef ﬁn ﬁsh taken under an RQ licence are also on board the boat. ‘(3) Subsection (2) does not apply if— (a) the coral reef ﬁn ﬁsh taken for a recreational purpose— (i) are taken or possessed for consumption by persons on board the boat; and (ii) are not unloaded from the boat; and (b) if a prior notice under section 113 or 114 has been given for the coral reef ﬁn ﬁsh taken under the RQ licence—the coral reef ﬁn ﬁsh taken for a recreational purpose are not possessed by the prescribed person less than 1 hour before the landing period mentioned in the notice ends; and (c) not more than the prescribed number of coral reef ﬁn ﬁsh taken for a recreational purpose are on board the boat at the same time. ‘(4) In this section—

s 36 40 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 prescribed number , for coral reef ﬁn ﬁsh taken for a recreational purpose from, or possessed for a recreational purpose on board, an authorised boat, means the lower of the following— (a) the number in excess of which coral reef ﬁn ﬁsh become regulated by number for recreational ﬁshers under a regulated ﬁsh declaration; (b) the number of persons who are on board the boat when the coral reef ﬁn ﬁsh are taken or possessed. ‘113 Requirement to give prior notice ‘(1) This section applies if— (a) coral reef ﬁn ﬁsh are on board an authorised boat for a line unit holder; and (b) an authorised boat for the holder enters a prior notice area; and (c) if the prior notice area is not a deﬁned port area—it is proposed to land 1 or more authorised boats for the holder within the area. ‘(2) The holder must give notice ( prior notice ) of the prior notice particulars to the chief executive before the prior notice deadline for the notice has passed. ‘(3) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder. ‘(4) This section does not apply if— (a) the authorised boats that are proposed to be landed are proposed to be landed at a place— (i) north of latitude 15º16.57' south; 11 or (ii) on an island other than Bribie Island, Fraser Island, Magnetic Island, Moreton Island, North Stradbroke Island or South Stradbroke Island; and 11 Latitude 15º16.57' south runs through South Cape Bedford.

s 36 41 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) it is not proposed to unload coral reef ﬁn ﬁsh at the place. ‘114 Requirement to give replacement prior notice if unloading particular changes ‘(1) This section applies if— (a) a prior notice has been given by or for a line unit holder under section 113; and (b) the notice stated that coral reef ﬁn ﬁsh were not to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; and (c) the holder, or another person acting for the holder, proposes to unload coral reef ﬁn ﬁsh before the boats leave the unloading area. ‘(2) The holder must give another notice (also a prior notice ) to the chief executive stating that coral reef ﬁn ﬁsh will be unloaded before the boats leave the unloading area. ‘(3) The notice must— (a) state all the prior notice particulars; and (b) be given before the prior notice deadline for the notice has passed. ‘(4) A prior notice given under this section replaces the prior notice given under section 113. ‘(5) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection and subsection (3), for the holder. ‘115 Amendment or withdrawal of prior notice ‘(1) This section— (a) applies if a prior notice has been given by or for a line unit holder; and (b) states the only circumstances in which the notice may be amended or withdrawn.

s 36 42 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘(2) If a prior notice particular, other than an unloading particular, for the notice changes, the holder, or a person acting for the holder, may by notice ( amending notice ) to the chief executive amend the prior notice to reﬂect the change. ‘(3) An amending notice must be given before the amending notice deadline for the notice has passed. ‘(4) Also, the holder, or a person acting for the holder, may, by notice to the chief executive, withdraw the prior notice at any time before coral reef ﬁn ﬁsh are taken from any authorised boat for the holder. ‘116 General requirements after prior notice given ‘(1) This section applies if a prior notice has been given by or for a line unit holder. ‘(2) The person in control of a relevant authorised boat must ensure that— (a) the boat lands— (i) at the landing place mentioned in the notice; and (ii) not more than 1 hour before or after the landing period mentioned in the notice ends; and (b) the total number of each of the following on board all the authorised boats for the holder when the relevant authorised boat lands is a complying number— (i) coral trout; (ii) red throat emperor; (iii) other coral reef ﬁn ﬁsh; and (c) if the person giving the prior notice was prompted by the AIVR system to enter the total number of the following on board the authorised boats for the holder—the total number of the following on board the authorised boats when the relevant authorised boat lands is a complying number— (i) containers containing each of the following in ﬁlleted form—

s 36 43 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh; (ii) each of the following other than in ﬁlleted form— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh. ‘(3) Also, if a relevant authorised boat lands at the landing place mentioned in the notice before the landing period mentioned in the notice ends, the person in control of the boat must ensure the boat stays at the landing place until the landing period has ended. ‘(4) Subsection (2)(a) does not apply if the relevant authorised boat does not land at the place, or does not land within the period, mentioned in that subsection because of a reason beyond the control of the person in control of the boat. ‘(5) Subsection (3) does not require the person in control of the relevant authorised boat to be on board the boat after the boat has landed. ‘(6) In this section— relevant authorised boat , in relation to a prior notice, means an authorised boat, for the line unit holder by or for whom the notice was given, that is proposed to be landed at the landing place mentioned in the notice. ‘117 Additional requirements if prior notice stated ﬁsh will be unloaded ‘(1) This section applies if— (a) a prior notice has been given by or for a line unit holder; and (b) the notice stated that coral reef ﬁn ﬁsh were to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.

s 36 44 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘(2) A prescribed person must not take coral reef ﬁn ﬁsh from an authorised boat for the holder after the prescribed time unless— (a) all the coral reef ﬁn ﬁsh on board all the authorised boats for the holder have been unloaded; and (b) an unloaded ﬁsh notice has been given, as required under section 122, for the ﬁsh. ‘(3) Also, if asked by an inspector after an authorised boat for the holder lands at the landing place, a prescribed person must tell the inspector— (a) the place (the unloading place ) where the ﬁsh on board the authorised boats for the holder are to be unloaded; and (b) the estimated time (the unloading time ) at which the ﬁsh are to be unloaded. ‘(4) If subsection (3) applies, a prescribed person must not unload, or allow to be unloaded, the ﬁsh on board the authorised boats other than at the unloading place and at the unloading time. ‘(5) In this section— prescribed time , in relation to a prior notice, means the earlier of the following— (a) the time the ﬁrst authorised boat, for the line unit holder by or for whom the notice is given, enters the area within 0.5 n miles of the landing place mentioned in the notice; (b) 1 hour before the landing period mentioned in the prior notice ends. ‘118 Requirement to give transhipment notice ‘(1) This section applies if coral reef ﬁn ﬁsh are— (a) taken from an authorised boat for a line unit holder; and (b) transferred, before the ﬁsh are unloaded, to a following vessel (a transport vessel )— (i) a boat identiﬁed in a carrier boat licence;

s 36 45 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (ii) a commercial ship registered under the TransportOperations (Marine Safety) Act 1994 ; and (c) proposed to be unloaded from or by using the vessel. ‘(2) As soon as practicable after the ﬁsh are transferred to the vessel, the holder must give notice ( transhipment notice ) of the transhipment notice particulars to the chief executive. ‘(3) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder. ‘(4) In this section— commercial ship see the TransportOperations(MarineSafety) Regulation 1995 , schedule 11. ‘119 General requirement for unloading ﬁsh ‘(1) A prescribed person must not unload, or allow to be unloaded, coral reef ﬁn ﬁsh taken from an authorised boat for a line unit holder unless— (a) a prior notice as required under section 113 or 114 has been given by or for the holder and the notice stated the ﬁsh were to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; or (b) a transhipment notice as required under section 118 has been given by or for the holder for the ﬁsh. ‘(2) It is a defence to an offence relating to non-compliance with subsection (1) if the prescribed person proves— (a) the prior notice or transhipment notice was not given by or for the holder because of a prescribed reason; and (b) the holder or another person acting for the holder gave the chief executive a notice (an unnotiﬁable landing notice ) for the landing of the authorised boats for the holder, or the transport vessel to which the coral reef ﬁn ﬁsh taken from the boats were transferred—

s 36 46 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (i) immediately after the ﬁrst of the boats, or the vessel, lands; and (ii) stating the unnotiﬁable landing notice particulars; and (c) the prescribed person did not, before the authorised unloading time— (i) move, or allow to be moved, the boats or vessel to a place more than 200 m from, or not visible to a person at, the landing place mentioned in the unnotiﬁable landing notice; or (ii) move, or allow to be moved, the ﬁsh from the boats or vessel. ‘120 Additional requirements for unloading ﬁsh if prior notice given ‘(1) This section applies if— (a) a prior notice has been given by or for a line unit holder; and (b) the notice stated that coral reef ﬁn ﬁsh were to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice. ‘(2) A prescribed person must not unload, or allow to be unloaded, the coral reef ﬁn ﬁsh unless section 116 has been complied with in relation to the notice. ‘(3) Also, a prescribed person may unload, or allow to be unloaded, the ﬁsh— (a) only after the landing period mentioned in the notice has ended; and (b) if the ﬁsh are to be unloaded from or by using a tender boat of a primary boat for the holder—only if the tender boat is attached to, or is within 200 m of, the primary boat; and (c) only at a place that is open for entry, under the Act, by an inspector and is any of the following—

s 36 47 s 36 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (i) the landing place mentioned in the notice; (ii) if the landing place is within a deﬁned port area—another place that is within the deﬁned port area; (iii) if the landing place is not within a deﬁned port area—another place that is within 0.5 n miles of the landing place. ‘(4) Subsection (3)(a) does not apply if— (a) the ﬁsh are unloaded by moving the boat carrying the ﬁsh to a place on land and, until the landing period has ended— (i) the ﬁsh are kept on board the boat; and (ii) the boat is kept at a place that is within 200 m of, and visible to a person at, the landing place; or (b) an inspector supervises the person unloading the ﬁsh. ‘121 Requirements for weighing unloaded ﬁsh ‘(1) This section applies if coral reef ﬁn ﬁsh taken by or for a line unit holder have been unloaded from or by using an authorised boat for the holder or a transport vessel. ‘(2) The holder— (a) must weigh, or cause to be weighed, the ﬁsh as soon as practicable after the ﬁsh have been unloaded; and (b) may weigh, or allow to be weighed, the ﬁsh only at a place that is open for entry, under the Act, by an inspector. ‘(3) The weight of the ﬁsh must be worked out using a scale that is veriﬁed or certiﬁed under the Trade Measurement Act 1990 . ‘122 Requirement to give unloaded ﬁsh notice ‘(1) This section applies if coral reef ﬁn ﬁsh— (a) were taken from an authorised boat for a line unit holder; and

s 37 48 s 37 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) are unloaded from or by using the boat or a transport vessel. ‘(2) The holder must give notice ( unloaded ﬁsh notice ) of the unloaded ﬁsh notice particulars to the chief executive— (a) as soon as practicable after the ﬁrst time the coral reef ﬁn ﬁsh on board the boat or vessel are unloaded from or by using the boat or vessel; and (b) if the coral reef ﬁn ﬁsh are ﬁrst unloaded by moving the boat or vessel carrying the ﬁsh to a place on land—as soon as practicable after the ﬁsh are ﬁrst moved from the boat or vessel. ‘(3) Also, the holder, or a commercial ﬁsher acting for the holder, must— (a) retain possession of the coral reef ﬁn ﬁsh until the unloaded ﬁsh notice is given; or (b) for a live ﬁsh that is sold or given to another person—remain within 200 m of the ﬁsh until the unloaded ﬁsh notice is given. ‘(4) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder. ‘123 Notices to chief executive under this subdivision ‘(1) This section applies to a notice required to be given to the chief executive under section 113, 114, 115, 118, 119(2)(b) or 122. ‘(2) The notice must be given to the chief executive by using the AIVR system. 12 ’. 37 Amendment of s 135 (Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh) (1) Section 135(1), ‘in 1’— 12 See the regulation, part 12 (Miscellaneous), division 3 (Automated interactive voice response system).

s 38 49 s 38 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 omit, insert — ‘in any’. (2) Section 135— insert— ‘(1A) Subsection (1) does not apply to a person possessing 1 coral reef ﬁn ﬁsh that is to be used as bait.’. (3) Section 135(2)(a)(ii), (3)(a), and (4)(b), ‘skin and scales are’— omit, insert — ‘all the skin of the ﬁllet is’. (4) Section 135(5) and (6)— omit, insert — ‘(5) The person must not possess, on board the boat, a dead coral reef ﬁn ﬁsh unless a pectoral ﬁn has been removed from the ﬁsh. Maximum penalty—100 penalty units.’. (5) Section 135(1A) to (5)— renumber as section 135(2) to (6). 38 Replacement of s 136 (Prohibition on bringing live coral reef ﬁn ﬁsh ashore) Section 136— omit, insert— ‘136 Prohibition on possessing live coral reef ﬁn ﬁsh on boat during tour ‘(1) A person conducting a commercial ﬁshing tour on a boat, or a crew member for the tour, must not possess a live coral reef ﬁn ﬁsh on the boat unless the ﬁsh was taken by a recreational ﬁsher and the person or ﬁsher intends to immediately return the ﬁsh to the sea. Maximum penalty—100 penalty units. ‘(2) Subsection (1) does not apply if the person—

s 39 50 s 40 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (a) possesses a live coral reef ﬁn ﬁsh other than coral trout or red throat emperor; and (b) intends to use the ﬁsh for display in an aquarium.’. 39 Amendment of s 140 (Prohibitions to allow identiﬁcation or counting of coral reef ﬁn ﬁsh) (1) Section 140(1), from ‘other than’ to ‘forms’— omit, insert — ‘in a form other than the following’. (2) Section 140— insert— ‘(1A) Subsection (1) does not apply to a person possessing 1 coral reef ﬁn ﬁsh that is to be used as bait.’. (3) Section 140(2)(a)(ii), (3)(a) and (4)(b), ‘skin and scales are’— omit, insert — ‘all the skin of the ﬁllet is’. (4) Section 140(5) and (6)— omit, insert — ‘(5) The ﬁsher must not possess, on board the boat, a dead coral reef ﬁn ﬁsh unless a pectoral ﬁn has been removed from the ﬁsh. Maximum penalty—100 penalty units.’. (5) Section 140(1A) to (5)— renumber as section 140(2) to (6). 40 Replacement of s 141 (Prohibition on bringing live coral reef ﬁn ﬁsh ashore) Section 141— omit, insert—

s 41 51 s 42 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘141 Prohibition on possessing live coral reef ﬁn ﬁsh on boat ‘(1) A recreational ﬁsher must not possess a live coral reef ﬁn ﬁsh on board a boat unless— (a) the ﬁsher, or another recreational ﬁsher, took the ﬁsh; and (b) the ﬁsher, or the other recreational ﬁsher, intends to immediately return the ﬁsh to the sea. Maximum penalty—100 penalty units. ‘(2) Subsection (1) does not apply if the recreational ﬁsher— (a) possesses a live coral reef ﬁn ﬁsh other than coral trout or red throat emperor; and (b) intends to use the ﬁsh for display in an aquarium.’. 41 Amendment of s 149 (Serious ﬁsheries offences) Section 149, paragraphs (c) to (e)— omit, insert— ‘(c) failing to give a prior notice as required under section 113 or 114; (d) failing to give a transhipment notice as required under section 118; (e) failing to give an unloaded ﬁsh notice as required under section 122.’. 42 Amendment of s 150 (Criteria for suspending authorities) Section 150(1), from ‘section 67(2)(b)(i)’ to ‘Act—’— omit, insert — ‘section 68B(4)(b)(i) 13 of the Act for a court suspending any of the following authorities under section 68B(2) of the Act—’. 13 Section 68B (Suspension or cancellation of authority by court) of the Act

s 43 52 s 45 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 43 Amendment of s 151 (Criteria for suspending line units) Section 151(1), from ‘section 67(2)(b)(i)’ — omit, insert — ‘section 68B(4)(b)(i) of the Act for a court suspending line units under section 68B(2) of the Act.’. 44 Amendment of s 152 (Criteria for cancelling line units) Section 152(1), from ‘section 67(2)(b)(i)’— omit, insert — ‘section 68B(4)(b)(i) of the Act for a court cancelling line units under section 68B(2) of the Act.’. 45 Replacement of ss 153–156 Sections 153 to 156— omit, insert — ‘Division 1 Provisions about statistical returns and other information ‘153 Deﬁnitions for div 1 ‘In this division— buying and selling particulars , for a person who has bought (the buyer ) or sold (the seller ) coral reef ﬁn ﬁsh, means each of the following— (a) the date on which the buyer started possessing the ﬁsh sold by the seller to the buyer; (b) the name of the buyer and the number of the authority under which the buyer is acting or, if the buyer is not acting under an authority, the address of the buyer; (c) the name of the seller and the number of the authority under which the seller is acting or, if the seller is not acting under an authority, the address of the seller;

s 45 53 s 45 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (d) the weight of any of the following sold by the seller to the buyer— (i) whole coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way); (ii) gilled and gutted coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way); (iii) ﬁlleted coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way); (iv) coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way) in a form not mentioned in subparagraphs (i) to (iii); (e) if the seller sold live coral trout, red throat emperor or other coral reef ﬁn ﬁsh to the buyer—the number of live coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way) sold. group of species , of coral reef ﬁn ﬁsh, means all of the species of coral reef ﬁn ﬁsh identiﬁed under a heading in schedule 2. prescribed way , for recording the weight or number of coral reef ﬁn ﬁsh other than coral trout and red throat emperor, means recording the weight or number of the ﬁsh— (a) as a total weight or number for all species of the ﬁsh; or (b) as a weight or number for— (i) each individual species of the ﬁsh; or (ii) each group of species of the ﬁsh; or (iii) a combination of individual species and groups of species of the ﬁsh. relevant ﬁshery area means the ‘L1’, ‘L2’, ‘L3’, ‘L6’, ‘L7’ or ‘L8’ ﬁshery area. taking particulars , for a person who has taken coral trout, red throat emperor or other coral reef ﬁn ﬁsh, means— (a) the date the person took the coral trout, red throat emperor or other coral reef ﬁn ﬁsh; and

s 45 54 s 45 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) the number of coral trout, red throat emperor or other coral reef ﬁn ﬁsh (recorded in the prescribed way) taken by the person. ‘154 Records to be kept about wholesale sales of coral reef ﬁn ﬁsh ‘(1) This section applies if a person (the seller ) sells coral reef ﬁn ﬁsh by wholesale to a person (the buyer ) in the State. ‘(2) The seller and buyer must keep a written record of the buying and selling particulars for the ﬁsh sold by the seller to the buyer. ‘(3) The seller must keep the record for 5 years after the day the seller stopped possessing the ﬁsh. ‘(4) The buyer must keep the record for 5 years after the day the buyer stopped possessing the ﬁsh. ‘155 Records to be kept about imports of coral reef ﬁn ﬁsh ‘(1) This section applies if a person— (a) has taken coral reef ﬁn ﬁsh from waters outside the State and brings the ﬁsh into the State for trade or commerce; or (b) has bought coral reef ﬁn ﬁsh from a person outside the State and brings the ﬁsh into the State for trade or commerce; or (c) has taken, for trade or commerce, coral reef ﬁn ﬁsh from Queensland waters other than waters within a relevant ﬁshery area and unloads the ﬁsh in the State. ‘(2) The person must keep a written record of— (a) if the person took the coral reef ﬁn ﬁsh—the taking particulars for the ﬁsh taken by the person; or (b) if the person bought the coral reef ﬁn ﬁsh from another person—the buying and selling particulars for the ﬁsh bought by the person. ‘(3) The person must keep the record for the following period—

s 45 55 s 45 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (a) starting— (i) for a person mentioned in subsection (1)(a) or (b)—when the person brings the ﬁsh into the State; or (ii) for a person mentioned in subsection (1)(c)— immediately before the person unloads the ﬁsh in the State; (b) ending 5 years after the day the person stops possessing the ﬁsh. ‘(4) For subsection (1)(c), a person conducting a commercial ﬁshing tour who takes coral reef ﬁn ﬁsh during the tour does not take the ﬁsh for trade or commerce. ‘(5) In this section— the State includes Queensland waters. ‘156 Records to be kept about commercial carriage of coral reef ﬁn ﬁsh ‘(1) This section applies if a person in control of a boat or vehicle is transporting, on the boat or in the vehicle, coral reef ﬁn ﬁsh for another person and for trade or commerce. ‘(2) The person must ensure, at all times while the coral reef ﬁn ﬁsh are on board the boat or in the vehicle— (a) a written record of the carriage information is kept on board the boat or in the vehicle; and (b) the record is available for immediate inspection. ‘(3) In this section— carriage information , for a person transporting coral reef ﬁn ﬁsh for another person, means the following— (a) the name of the other person for whom the person is transporting the coral reef ﬁn ﬁsh; (b) the address of the place where the ﬁsh were collected by the person; (c) the address of the place where the ﬁsh are to be delivered by the person.

s 45 56 s 45 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘156A Records to be kept about commercial storage of coral reef ﬁn ﬁsh ‘(1) This section applies if a person stores, at a place, coral reef ﬁn ﬁsh for another person and for trade or commerce. ‘(2) The person must ensure, at all times while the coral reef ﬁn ﬁsh are stored at the place— (a) a written record of the name of the person for whom the person is storing the ﬁsh is kept at the place; and (b) the record is available for immediate inspection. ‘156B Notice requirement for bringing coral reef ﬁn ﬁsh into particular ﬁshery area ‘(1) This section applies if a commercial ﬁshing boat on which coral reef ﬁn ﬁsh, taken from waters other than waters within a relevant ﬁshery area, are on board enters a relevant ﬁshery area. ‘(2) The person in control of the boat must notify the nominated person of the following information— (a) the name of the person giving the notice; (b) the name and boat mark of the boat; (c) the total number of each of the following on board the boat when the boat enters the area— (i) coral trout; (ii) red throat emperor; (iii) other coral reef ﬁn ﬁsh, recorded in the prescribed way; (d) if there are ﬁlleted coral reef ﬁn ﬁsh on board the boat when the boat enters the area— (i) the number of containers containing each of the following in ﬁlleted form that are on board the boat when the boat enters the area— (A) coral trout; (B) red throat emperor;

s 46 57 s 46 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (C) other coral reef ﬁn ﬁsh; and (ii) the number of each of the following that are not ﬁlleted and are on board the boat when the boat enters the area— (A) coral trout; (B) red throat emperor; (C) other coral reef ﬁn ﬁsh. ‘(3) A notice under subsection (2) must be given— (a) by telephone or facsimile; and (b) before or immediately after the person enters the relevant ﬁshery area. ‘(4) A person complies with subsection (2) if the person telephones the nominated person and leaves a message on an answering machine provided by the nominated person. ‘(5) In this section— commercial ﬁshing boat includes a boat that a person is entitled to use to take ﬁsh for trade or commerce under a law of the Commonwealth or another State. nominated person means the person who holds the ofﬁce nominated for this section by the chief executive, by publishing the following on the department’s website— (a) the title of the ofﬁce; (b) the contact details for persons holding the ofﬁce. 14 ‘Division 2 Other provision’. 46 Insertion of new ch 6, div 1, hdg Chapter 6, before section 158— 14 At 1 July 2004, the department’s website was at < and the part of the website relating to ﬁsheries resources and ﬁsh habitats was at < s 47 58 s 49 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 insert— ‘Division 1 General transitional provisions’. 47 Amendment of s 161 (Expiry of ch 6) (1) Section 161, heading, ‘ ch 6 ’— omit, insert — ‘ div 1 ’. (2) Section 161, ‘chapter’— omit, insert — ‘division’. 48 Insertion of new ch 6, div 2 Chapter 6, after section 161— insert— ‘Division 2 Transitional provision for the Fisheries Management Plans Amendment Management Plan (No. 1) 2004 ‘162 Existing notice identity numbers ‘From the commencement of this section, a notice identity number for line units stated on a notice or certiﬁcate given under this plan is taken to be the unit PIN for the line units.’. 49 Amendment of sch 2 (Coral reef ﬁn ﬁsh) (1) Schedule 2, heading, ‘156(4)’— omit, insert — ‘153’. (2) Schedule 2, under the heading ‘emperors’—

s 50 59 s 50 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 insert — ‘miscellaneous emperor, other than Lethrinus spp., other than Lethrinus grass emperor (grass sweetlip) laticaudis ’. (3) Schedule 2, under the heading ‘parrotﬁshes’, entries for bumphead parrotﬁsh and miscellaneous parrotﬁsh— omit, insert — ‘bumphead parrotﬁsh Bolbometopon muricatum miscellaneous parrotﬁsh Calotomus spp., Chlorurus spp., Hipposcarus spp., Leptoscarus spp. and Scarus spp.’. (4) Schedule 2, under the heading ‘surgeonﬁshes’, entries for surgeonﬁshes and unicornﬁsh— omit, insert — ‘surgeonﬁshes Acanthurus spp. and Ctenochaetus spp. unicornﬁsh Naso spp. and Prionurus spp.’. (5) Schedule 2, under the heading ‘tropical snappers and sea perches’— insert — ‘miscellaneous jobﬁshes Aphareus spp., Etelis spp., Parapristipomoides spp., and Pristipomoides spp. miscellaneous seaperches, other Lutjanus spp., other than Lutjanus than mangrove jack and large scale argentimaculatis and Lutjanus johni , seaperch (ﬁngermark) and Paracaesio spp.’. 50 Amendment sch 5 (Adjusted criteria for event-based special circumstances) Schedule 5, section 1, deﬁnition eligible coral reef ﬁn ﬁsh — omit, insert —

s 51 60 s 52 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ‘ eligible coral reef ﬁn ﬁsh , for a period, means— (a) for a special south-east Queensland licence—coral reef ﬁn ﬁsh— (i) taken lawfully— (A) during the period under a prescribed ﬁshery symbol written on the licence and a former licence for the licence; and (B) from waters between latitude 24º30.00' south and the New South Wales–Queensland border; and (ii) recorded in relevant logbook information; or (b) for another RQ licence—coral reef ﬁn ﬁsh— (i) taken lawfully during the period under a prescribed ﬁshery symbol written on the licence and a former licence for the licence; and (ii) recorded in relevant logbook information.’. 51 Amendment of sch 7 (Whole weight) Schedule 7, heading, before ‘schedule 8’— insert — ‘section 74(3)(b) and’. 52 Amendment of sch 8 (Dictionary) (1) Schedule 8, deﬁnitions adjusted criteria , landed ﬁsh notice , notice identity number , prescribed persons , prior notice , recorded catch amount , tag , transhipment notice and transport vessel — omit. (2) Schedule 8— insert— ‘ adjusted criteria , for chapter 3, part 1, division 2, see section 17.

s 52 61 s 52 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 amending notice deadline , for chapter 3, part 3, division 2, subdivision 4, see section 111. authorised unloading time , for chapter 3, part 3, division 2, subdivision 4, see section 111. buying and selling particulars , for chapter 5, part 3, division 1, see section 153. complying number , for chapter 3, part 3, division 2, subdivision 4, see section 111. current ﬁsher PIN , for line units, means— (a) if the ﬁsher PIN for the line units has been changed under section 85—the ﬁsher PIN after the change under section 85; or (b) otherwise—the ﬁsher PIN originally issued to the holder of the line units under section 61A or 80A. ﬁsher PIN , for line units, see sections 61A and 80A. group of species , for chapter 5, part 3, division 1, see section 153. identiﬁcation code , for chapter 3, part 3, division 2, subdivision 4, see section 111. landing period , for chapter 3, part 3, division 2, subdivision 4, see section 111. landing place , for chapter 3, part 3, division 2, subdivision 4, see section 111. notifying period , for chapter 3, part 3, division 2, subdivision 4, see section 111. prescribed numerical code , for chapter 3, part 3, division 2, subdivision 4, see section 111. prescribed person , for chapter 3, part 3, division 2, subdivision 4, see section 111. prescribed reason , for chapter 3, part 3, division 2, subdivision 4, see section 111. prescribed recorded catch , for chapter 3, part 2, see section 44.

s 52 62 s 52 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 prescribed way , for chapter 5, part 3, division 1, see section 153. prior notice see sections 113(2) and 114(2). prior notice area , for chapter 3, part 3, division 2, subdivision 4, see section 111. prior notice deadline , for chapter 3, part 3, division 2, subdivision 4, see section 111. prior notice particulars , for chapter 3, part 3, division 2, subdivision 4, see section 111. recorded catch amount — (a) for chapter 3, part 2, division 3A—see section 65B; or (b) generally for chapter 3, part 2—see section 56(2). relevant day , for chapter 3, part 2, division 3A, see section 65B. relevant equipment , for chapter 3, part 3, division 2, subdivision 4, see section 111. relevant ﬁshery area , for chapter 5, part 3, division 1, see section 153. relevant period , for chapter 3, part 2, division 3A, see section 65B. special reconsideration notice , for chapter 3, part 1, division 2, see section 36B(3). special south-east Queensland licence , for chapter 3, part 1, division 2, see section 20A. taking particulars , for chapter 5, part 3, division 1, see section 153. transhipment notice see section 118(2). transhipment notice particulars , for chapter 3, part 3, division 2, subdivision 4, see section 111. transport vessel see section 118(1)(b). unit PIN see section 61(8)(a)(ii). unloaded ﬁsh notice see section 122(2).

s 52 63 s 52 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 unloaded ﬁsh notice particulars , for chapter 3, part 3, division 2, subdivision 4, see section 111. unloading area , for chapter 3, part 3, division 2, subdivision 4, see section 111. unloading particular , for chapter 3, part 3, division 2, subdivision 4, see section 111. unnotiﬁable landing notice , for chapter 3, part 3, division 2, subdivision 4, see section 119(2)(b). unnotiﬁable landing notice particulars , for chapter 3, part 3, division 2, subdivision 4, see section 111.’. (3) Schedule 8, deﬁnition decision notice , before ‘or 61(6)(b)’— insert— ‘, 36C(2), 36E(8)(b)’. (4) Schedule 8, deﬁnitions ﬁrst line year and line year , ‘1 July’, second mention— omit, insert — ‘30 June’. (5) Schedule 8, deﬁnition species of jobﬁsh , paragraphs (f) and (g)— renumber as paragraphs (g) and (h). (6) Schedule 8, deﬁnition species of jobﬁsh — insert — ‘(f) miscellaneous jobﬁsh;’.

s 53 64 s 54 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 Part 3 Amendment of Fisheries (East Coast Trawl) Management Plan 1999 53 Management plan amended in pt 3 This part amends the Fisheries (East Coast Trawl) Management Plan 1999. 54 Amendment of s 15A (Closed waters—reef world heritage area) (1) Section 15A(3) to (5)— omit, insert — ‘(3) Immediately after the chief executive becomes aware that the ﬁshing and steaming days have been used, or are likely to be used within the next month, the chief executive must give each holder of a ‘T1’ licence a written notice stating— (a) if the ﬁshing and steaming days have been used— (i) the date the ﬁshing and steaming days were used; and (ii) the date the waters become closed waters under subsection (2); or (b) if the ﬁshing or steaming days are likely to be used within the next month—that the ﬁshing or steaming days are likely to be used within the next month. ‘(4) A holder of a ‘T1’ licence who is given a notice under subsection (3) must ensure that every person acting under the licence is also aware of the matters mentioned in the notice. ‘(5) If a notice given under subsection (3) states that the ﬁshing or steaming days are likely to be used within the next month, the person in control of a boat to be used to take ﬁsh from the waters must, by using the AIVR system, on each relevant day obtain the following information before any person starts taking ﬁsh from the boat on that day— (a) whether the ﬁshing or steaming days have been used;

s 55 65 s 56 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 (b) if the person ﬁnds out by using the AIVR system that the ﬁshing or steaming days have been used on that day or an earlier day—the date the waters will become closed waters under subsection (2). ‘(5A) A person in control of a boat complies with subsection (5) if another person obtains the information, in compliance with the subsection, for the person in control of the boat.’. (2) Section 15A(7)— insert — ‘ AIVR system see section 110D 15 of the regulation. relevant day , in relation to a notice given under subsection (3), means a day— (a) after the notice is given; and (b) on which the boat is to be used to take ﬁsh.’. (3) Section 15A(5A) to (7)— renumber as section 15A(6) to (8). 55 Amendment of s 236 (Purpose and application of div 3) Section 236(1), from ‘section 67(2)(b)(i)’ to ‘for’— omit, insert— ‘section 68B(4)(b)(i) 16 of the Act for a court’. 56 Amendment of s 239 (Deﬁnitions for ch 6) Section 239, deﬁnition prescribed refund formul a, deﬁnition N , paragraph (b), ‘than’— omit, insert — ‘as’. 15 Section 110D (Chief executive must establish and operate AIVR system) of the regulation 16 Section 68B (Suspension or cancellation of authority by court) of the Act

s 57 66 s 59 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 57 Amendment of sch 3 (Speciﬁc closed waters) Schedule 3, section 18(1), ‘base line’— omit, insert — ‘baseline’. 58 Amendment of sch 7 (Aids to interpretation and deﬁnitions) (1) Schedule 7, section 16, sixteenth dot point— omit, insert — ‘• to latitude 22º19.18' south, longitude 153º00.32' east’. (2) Schedule 7, section 16, twenty-second dot point— omit, insert — ‘• to latitude 20º54.97' south, longitude 152º15.39' east’. (3) Schedule 7, part 4, deﬁnition territorial sea baseline — omit, insert — ‘ territorial sea baseline means the baseline adjacent to the coast of the State as for the time being decided under the S eas and Submerged Lands Act 1973 (Cwlth), section 7(2)(b). 17 ’. Part 4 Amendment of Fisheries (Freshwater) Management Plan 1999 59 Management plan amended in pt 4 This part amends the Fisheries (Freshwater) Management Plan 1999. 17 Seas and Submerged Lands Act 1973 (Cwlth), section 7 (Limits of territorial sea)

s 60 67 s 63 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 60 Amendment of s 10A (Exemption for Australian bass) Section 10A, ‘possesses’— omit, insert — ‘possess’. 61 Amendment of s 26E (Silver perch) Section 26E(1), ‘23(1)(j)’— omit, insert — ‘23(1)(i)’. 62 Amendment of s 65 (Restriction on trapping times) Section 65(1)(b)(i), from ‘ Water Resources Act 1989’ to ‘; and’— omit, insert— ‘ Water Act 2000 , section 19; 18 and’. 63 Amendment of s 73 (Criteria for suspending authority relating to ﬁshery) Section 73(3), from ‘section 67(2)(b)(i)’ to ‘criteria for’— omit, insert — ‘section 68B(4)(b)(i) 19 of the Act, the criteria prescribed for a court’. 18 Water Act 2000 , section 19 (Rights in all water vests in State) 19 Section 68B (Suspension or cancellation of authority by court) of the Act

s 64 68 s 66 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 Part 5 Amendment of Fisheries (Gulf Of Carpentaria Inshore Fin Fish) Management Plan 1999 64 Management plan amended in pt 5 This part amends the Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999. 65 Amendment of s 93 (Criteria for suspension of licences) Section 93(3), from ‘section 67(2)(b)(i)’ to ‘criteria for’— omit, insert— ‘section 68B(4)(b)(i) 20 of the Act, the criteria prescribed for a court’. 66 Amendment of sch 4 (Aids to interpretation and deﬁnitions) (1) Schedule 4, part 3, deﬁnitions protected wildlife and territorial sea baseline — omit. (2) Schedule 4, part 3— insert — ‘ protected wildlife see the NatureConservationAct1992 , schedule. 21 territorial sea baseline means the baseline adjacent to the coast of the State as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth), section 7(2)(b). 22 ’. (3) Schedule 4, part 3, deﬁnitions the 7 n mile line and the 25 n mile line , ‘base line’— 20 Section 68B (Suspension or cancellation of authority by court) of the Act 21 Nature Conservation Act 1992 , schedule (Dictionary) 22 Seas and Submerged Lands Act 1973 (Cwlth), section 7 (Limits of territorial sea)

s 67 69 s 71 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 omit, insert— ‘baseline’. Part 6 Amendment of Fisheries (Spanner Crab) Management Plan 1999 67 Management plan amended in pt 6 This part amends the Fisheries (Spanner Crab) Management Plan 1999. 68 Amendment of s 19 (Net) Section 19(1), from ‘1 mesh’ to ‘the mesh’— omit, insert — ‘1 layer of mesh and each mesh in the layer’. 69 Amendment of s 28 (When entitlement is “used” for a quota year) Section 28(a), after ‘unit holder’— insert— ‘, or a person acting under the unit,’. 70 Amendment of s 49 (Dillies—permitted number) Section 49(3), from ‘used’— omit, insert— ‘on, or attached to, a boat being used to take spanner crabs.’. 71 Amendment of s 51 (Net) Section 51(1), from ‘1 mesh’ to ‘the mesh’—

s 72 70 s 73 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 omit, insert — ‘1 layer of mesh and each mesh in the layer’. 72 Amendment of s 85 (Criteria for suspending certain authorities—convictions) Section 85(3), from ‘section 67(2)(b)(i)’ to ‘criteria prescribed for’— omit, insert — ‘section 68B(4)(b)(i) 23 of the Act, the criteria prescribed for a court’. 73 Amendment of sch 3 (Aids to interpretation and deﬁnitions) (1) Schedule 3, part 3, deﬁnition territorial sea baseline — omit, insert — ‘ territorial sea baseline means the baseline adjacent to the coast of the State as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth), section 7(2)(b). 24 ’. (2) Schedule 3, part 3, deﬁnition the 25 n mile line , ‘base line’— omit, insert — ‘baseline’. 23 Section 68B (Suspension or cancellation of authority by court) of the Act 24 Seas and Submerged Lands Act 1973 (Cwlth), section 7 (Limits of territorial sea)

71 Fisheries Management Plans Amendment Management Plan (No. 1) 2004 No. 111, 2004 ENDNOTES 1. Made by the chief executive on 21 June 2004. 2. Approved by the Governor in Council on 24 June 2004. 3. Notiﬁed in the gazette on 25 June 2004. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004