Fisheries Management Plans Amendment Management Plan (No. 2) 2002 (Qld)

FISHERIES MANAGEMENT PLANS AMENDMENT MANAGEMENT PLAN (No. 2) 2002

Queensland Subordinate Legislation 2002 No. 340 Fisheries Act 1994 FISHERIES MANAGEMENT PLANS AMENDMENT MANAGEMENT PLAN (No. 2) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999 2 Management plan amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 24 (Fish regulated by number or volume—sch 4, pts 1 and 2) ............................................. 3 4 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) 3 5 Replacement of ch 3, pt 4, div 3 (Compliance with TED use condition) . . . 4 6 Omission of s 127 (TED guidelines). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 145 (Requirement to use BRD) . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 150 (Maximum net length) . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Replacement of s 222 (Requirement to use TED other than in river or creek) .............................................. 5 222 Requirement to use TED other than in river or creek . . . . . . . . . . . . 5 10 Amendment of sch 3 (Speciﬁc closed waters) . . . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of sch 7 (Aids to interpretation and deﬁnitions) . . . . . . . . . . . . 7 PART 3—AMENDMENT OF FISHERIES (GULF OF CARPENTERIA INSHORE FIN FISH) MANAGEMENT PLAN 1999 12 Management plan amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 13 Amendment of s 11 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11A Exemptions—Wellesley Islands Protected Wildlife Area . . . . . . . . . 8 15 Replacement of s 15 (Mangrove jack—regulated by number) . . . . . . . . . . . 8 15 Mangrove jack regulated by number . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Amendment of s 17 (Fin ﬁsh regulated by number) . . . . . . . . . . . . . . . . . . . 9 17 Replacement of s 18 (Black jewﬁsh—regulated by number and size) . . . . . 9 18 Black jewﬁsh regulated by number and size . . . . . . . . . . . . . . . . . . . 9 18 Amendment of sch 3 (Waters closed to taking ﬁn ﬁsh for trade or commerce) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21 Wellesley Islands Protected Wildlife Area. . . . . . . . . . . . . . . . . . . . . 10 PART 4—AMENDMENT OF FISHERIES (SPANNER CRAB) MANAGEMENT PLAN 1999 19 Management plan amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Amendment of s 12 (Spanner crabs regulated by number) . . . . . . . . . . . . . . 10

s1 3 s4 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 PART 1—PRELIMINARY 1 Short title This management plan may be cited as the Fisheries Management Plans Amendment Management Plan (No. 2) 2002 . PART 2—AMENDMENT OF FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999 2 Management plan amended in pt 2 This part amends the Fisheries (East Coast Trawl) Management Plan 1999. 3 Amendment of s 24 (Fish regulated by number or volume—sch 4, pts 1 and 2) (1) Section 24(2), ‘taken’— omit. (2) Section 24(3)— omit, insert — ‘ (3) Taking or possessing ﬁsh regulated by number or volume is prohibited. ‘ (4) However, a person may possess ﬁsh regulated by number or volume if the person did not take the ﬁsh.’. (3) Section 24(1A) to (4)— renumber as section 24(2) to (5). 4 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) Section 29(2), from ‘Taking’ to ‘boat’—

s5 4 s5 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 omit, insert — ‘Taking, possessing or selling’. 5 Replacement of ch 3, pt 4, div 3 (Compliance with TED use condition) Chapter 3, part 4, division 3— omit, insert— ‘Division 3—Compliance with TED use condition ‘54 Compliance with TED use condition ‘The TED use condition is taken to have been complied with if a device that complies with section 55 (a “recognised TED” ) is used with the net. ‘55 Requirements for a recognised TED ‘ (1) A recognised TED must consist of a barrier and an opening that allows turtles to escape immediately after being taken in the net. ‘ (2) The barrier must consist of a rigid or semirigid inclined barrier of bars attached to the net’s circumference that acts to steer turtles through the opening. ‘ (3) The bars must be no more than 12 cm apart. ‘ (4) The opening must— (a) be immediately forward of the edge of the barrier that is closest to the cod-end of the net; and (b) have a minimum taut measurement across the widest part of the net of— (i) for a net that is used in a beam trawl net no longer than 5 m—50 cm; or (ii) for another net—60 cm; and (c) have a minimum taut measurement across any other part of the net of 50 cm; and (d) have at least 1 taut measurement of at least 76 cm.’.

s6 5 s9 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 6 Omission of s 127 (TED guidelines) Section 127— omit. 7 Amendment of s 145 (Requirement to use BRD) Section 145, from ‘this part’ to ‘section 34. 28 ’— omit, insert — ‘this part.’. 8 Amendment of s 150 (Maximum net length) (1) Section 150— insert — ‘ (2A) A net used in waters within the following boundary must be no longer than 39 m— • from latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton), along the mainland shore to latitude 16º28.93' south, longitude 145º28.00' east (Island Head Point) • to latitude 16º43.75' south, longitude 145º40.71' east (Double Island) • to latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton).’. (2) Section 150(2A) to (4)— renumber as section 150(3) to (5). 9 Replacement of s 222 (Requirement to use TED other than in river or creek) Section 222— omit, insert — ‘222 Requirement to use TED other than in river or creek ‘ (1) A TED must be used with a net used under this part, other than in a river or creek.

s 10 6 s 10 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 ‘ (2) However, a net used under this part may be used without a TED if— (a) the boat from which the net is used— (i) is no longer than 6.7 m; and (ii) has an outboard engine with no more than 90 kW of power; and (b) the net— (i) is used in water shallower than 3 m; and (ii) remains in the water for no more than 25 minutes; and (iii) is used only by hand, without any equipment to assist in its use.’. 10 Amendment of sch 3 (Speciﬁc closed waters) Schedule 3, part 3— insert — ‘150A Cape Flattery to Lookout Point ‘Waters within the following boundary— • from latitude 14º56.96' south, longitude 145º20.81' east (Cape Flattery) along the mainland shore to latitude 14º50.09' south, longitude 145º13.88' east (eastern tip of Lookout Point) • to latitude 14º56.96' south, longitude 145º20.81' east (Cape Flattery). ‘150B Lookout Point to Baron Reef ‘Waters within the following boundary— • from latitude 14º50.09' south, longitude 145º13.88' east (eastern tip of Lookout Point), along the mainland shore to latitude 14º26.16' south (at approximately latitude 14º26.16' south, longitude 144º37.15' east) • to latitude 14º28.27' south, longitude 144º41.92' east (northern tip of Baron Reef) • to latitude 14º30.05' south, longitude 144º45.93' east (northern tip of Noble Island)

s 11 7 s 14 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 • to latitude 14º33.06' south, longitude 144º54.26' east (northern tip of Morris Island) • to latitude 14º43.88' south, longitude 145º06.07' east (the navigational light on Pethebridge Islets) • to latitude 14º42.14' south, longitude 145º12.16' east (northern tip of the north most island of the Turtle Island Group) • to latitude 14º50.09' south, longitude 145º13.88' east (eastern tip of Lookout Point).’. 11 Amendment of sch 7 (Aids to interpretation and deﬁnitions) Schedule 7, part 4, deﬁnition “TED guidelines”— omit. PART 3—AMENDMENT OF FISHERIES (GULF OF CARPENTERIA INSHORE FIN FISH) MANAGEMENT PLAN 1999 12 Management plan amended in pt 3 This part amends the Fisheries (Gulf of Carpenteria Inshore Fin Fish) Management Plan 1999. 13 Amendment of s 11 (Exemptions) Section 11, heading— omit, insert — ‘ 11 Exemptions—general ’. 14 Insertion of new s 11A Part 3— insert—

s 15 8 s 15 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 ‘11A Exemptions—Wellesley Islands Protected Wildlife Area ‘ (1) This section applies to the Wellesley Island Protected Wildlife Area. ‘ (2) It is not unlawful for a person to use or possess a set mesh net to take ﬁn ﬁsh from the offshore waters of the area if— (a) the net is made from a continuous ﬁlament or strand of synthetic ﬁbre, joined, knitted or woven into meshes; and (b) the net is no longer than 400 m and has a mesh size of at least 162.5 mm but no more than 245 mm; and (c) the line thickness of the net is no more than 1.04 mm; and (d) the net’s drop is no more than 50 meshes; and (e) the water in which the net is being used is not shallower than the net’s drop; and (f) the person using the net is within 100 m of it; and (g) no more than 400 m of net is on the boat being used to take the ﬁsh. ‘ (3) It is not unlawful for a person to use or possess a set mesh net to take ﬁn ﬁsh from the foreshore of the area if— (a) the net is no longer than 100 m and has a mesh size of at least 162.5 mm but no more than 245 mm; and (b) the net’s drop is no more than 33 meshes; and (c) no more than one-third of the net’s length extends past the low-water mark; and (d) no more than 600 m of net is on the boat being used to take the ﬁsh. ‘ (4) In this section— “Wellesley Island Protected Wildlife Area” means the area mentioned in schedule 3, part 2, section 21.’. 15 Replacement of s 15 (Mangrove jack—regulated by number) Section 15— omit, insert—

s 16 9 s 17 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 ‘15 Mangrove jack regulated by number ‘ (1) More than 5 mangrove jack are ﬁsh regulated by number. ‘ (2) Taking or possessing ﬁsh regulated by number is prohibited. ‘ (3) However, a person may possess ﬁsh regulated by number if the person did not take the ﬁsh.’. 16 Amendment of s 17 (Fin ﬁsh regulated by number) (1) Section 17(1), ‘regulated ﬁsh’— omit, insert— ‘ﬁsh regulated by number’. (2) Section 17(2)— omit, insert — ‘ (2) Taking or possessing ﬁsh regulated by number is prohibited. ‘ (3) However, a person may possess ﬁsh regulated by number if the person did not take the ﬁsh.’. 17 Replacement of s 18 (Black jewﬁsh—regulated by number and size) Section 18— omit, insert — ‘18 Black jewﬁsh regulated by number and size ‘ (1) More than 5 black jewﬁsh are ﬁsh regulated by number. ‘ (2) More than 2 black jewﬁsh of a size more than 100 cm are ﬁsh regulated by number and size. ‘ (3) Taking or possessing ﬁsh regulated by number or ﬁsh regulated by number and size is prohibited. ‘ (4) However, a person may possess ﬁsh regulated by number or ﬁsh regulated by number and size if the person did not take the ﬁsh.’.

s 18 10 s 20 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 18 Amendment of sch 3 (Waters closed to taking ﬁn ﬁsh for trade or commerce) Schedule 3, part 2— insert — ‘21 Wellesley Islands Protected Wildlife Area ‘Waters within the following boundary— • from the intersection of longitude 139º east with the mainland shore to latitude 16º15' south, longitude 139º east • to latitude 16º15' south, longitude 140º east • to the intersection of longitude 140º east with the mainland shore • along the shore to longitude 139º east.’. PART 4—AMENDMENT OF FISHERIES (SPANNER CRAB) MANAGEMENT PLAN 1999 19 Management plan amended in pt 4 This part amends the Fisheries (Spanner Crab) Management Plan 1999. 20 Amendment of s 12 (Spanner crabs regulated by number) (1) Section 12(2), ‘regulated ﬁsh’— omit, insert— ‘ﬁsh regulated by number’. (2) Section 12(3)— omit, insert — ‘ (3) Taking or possessing ﬁsh regulated by number is prohibited. ‘ (4) However, a person may possess ﬁsh regulated by number if the person did not take the ﬁsh.’.

11 Fisheries Management Plans Amendment Management Plan (No. 2) 2002 No. 340, 2002 ENDNOTES 1. Made by the chief executive on 5 December 2002. 2. Approved by the Governor in Council on 5 December 2002. 3. Notiﬁed in the gazette on 6 December 2002. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Primary Industries. © State of Queensland 2002