Fisheries Management Plans Amendment Management Plan (No. 2) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 215 Fisheries Act 1994 FISHERIES MANAGEMENT PLANS AMENDMENT MANAGEMENT PLAN (No. 2) 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999 3 Management plan amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) 4 5 Replacement of ch 3, pt 3, div 3, sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subdivision 1—Preliminary 42A Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subdivision 2—General provision for compliance 43 How to comply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Replacement of ch 3, pt 3, div 3, sdiv 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . 6 Subdivision 3—Recognised BRDs for otter trawl nets 43A Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of s 44 (Square mesh cod end) . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 45 (Square mesh panel) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 46 (Fisheye) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 47 (Bigeye) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 11 Amendment of s 48 (Radial escape section) . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Replacement of ch 3, pt 3, div 3, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 4—Recognised BRDs for beam trawl nets 49 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 50 Square mesh cod end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 50A Square mesh panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 50B Fisheye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 50C Bigeye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 50D Radial escape section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Amendment of s 60 (Obligation to maintain and use VMS equipment) . . . . 11 14 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 105A Exception—moving boat to test fishing apparatus . . . . . . . . . . . . . . 12 15 Omission of s 126 (BRD guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Amendment of s 132 (Restrictions for ‘M1’, ‘T1’ or ‘T2’ licences). . . . . . . 13 17 Amendment of s 173 (Area for ‘T5’ fishery symbol) . . . . . . . . . . . . . . . . . . 14 18 Amendment of s 232 (Restrictions on possessing bugs) . . . . . . . . . . . . . . . . 14 19 Insertion of new ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 CHAPTER 6—TRANSITIONAL PROVISIONS FOR FISHERIES MANAGEMENT PLANS AMENDMENT MANAGEMENT PLAN (NO. 2) 2003 239 Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 240 Refund of effort units surrendered . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 241 Expiry of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20 Amendment of sch 3 (Specific closed waters) . . . . . . . . . . . . . . . . . . . . . . . 17 21 Amendment of sch 4 (Regulated fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of sch 7 (Aids to interpretation and definitions) . . . . . . . . . . . . 20 PART 3—AMENDMENT OF FISHERIES (FRESHWATER) MANAGEMENT PLAN 1999 23 Management plan amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Amendment of sch 7 (Restrictions on the use of live fish as bait) . . . . . . . . 23 PART 4—AMENDMENT OF FISHERIES (GULF OF CARPENTARIA INSHORE FIN FISH) MANAGEMENT PLAN 1999 25 Management plan amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

3 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 26 Amendment of sch 3 (Waters closed to taking fin fish for trade or commerce) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 5—AMENDMENT OF FISHERIES (SPANNER CRAB) MANAGEMENT PLAN 1999 27 Management plan amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 28 Amendment of s 17 (Dillies—permitted number) . . . . . . . . . . . . . . . . . . . . 24 29 Replacement of s 19 (Net). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 19 Net . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 30 Amendment of s 49 (Dillies—permitted number) . . . . . . . . . . . . . . . . . . . . 25 31 Replacement of s 51 (Net). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 51 Net . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Amendment of sch 1 (The fishery) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

s1 4 s4 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 PART 1—PRELIMINARY 1 Short title This management plan may be cited as the Fisheries Management Plans Amendment Management Plan (No. 2) 2003 . 2 Commencement (1) Section 20 commences on 20 September 2003. (2) Section 21, 22(1) and part 3 commence 3 months after the day this management plan is notified in the gazette. PART 2—AMENDMENT OF FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999 3 Management plan amended in pt 2 This part amends the Fisheries (East Coast Trawl) Management Plan 1999. 4 Amendment of s 29 (Saucer scallops—regulated by size, time and amount) (1) Section 29(6)(b)— omit, insert — ‘(b) statistical sampling and testing as follows— (i) collecting information (the “sample data” ) about the saucer scallops taken or possessed by taking a random sample of the saucer scallops and counting the number of saucer scallops of the relevant size; (ii) using the sample data and a statistical method to estimate, based on a probability of 95%, the percentage of all of the saucer scallops taken or possessed of the relevant size.’.

s5 5 s5 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (2) Section 29— insert — ‘ (7) For subsection (5)(b), a saucer scallop that is not whole, including, for example, a saucer scallop that is cut, dismembered, shelled or shucked, must not be counted or included in a sample. (3) Section 29(6) and (7)— renumber as section 29(5) and (6). 5 Replacement of ch 3, pt 3, div 3, sdiv 1 Chapter 3, part 3, division 3, subdivision 1— omit, insert— ‘Subdivision 1—Preliminary ‘42A Definition for div 3 ‘In this division— “bar” , in relation to square mesh in a trawl net, means— (a) for a knotted trawl net—a side of a mesh from 1 knot to the next knot on the same side of the mesh; or (b) for a knotless trawl net—a side of a mesh from 1 corner to the next corner. ‘Subdivision 2—General provision for compliance ‘43 How to comply ‘ (1) The BRD use condition is taken to have been complied with if a recognised BRD is used with the net. ‘ (2) In this section— “recognised BRD” means a device that complies with— (a) for an otter trawl net—subdivision 3; or (b) for a beam trawl net—subdivision 4.’.

s6 6 s8 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 6 Replacement of ch 3, pt 3, div 3, sdiv 2, hdg Chapter 3, part 3, division 3, subdivision 2, heading— omit, insert — ‘Subdivision 3—Recognised BRDs for otter trawl nets ‘43A Application of sdiv 3 ‘This subdivision applies only to an otter trawl net.’. 7 Amendment of s 44 (Square mesh cod end) (1) Section 44(b), from ‘is at’ to ‘long’— omit, insert — ‘has at least 75 bars along each side of the mesh’. (2) Section 44(c)— renumber as section 44(d). (3) Section 44— insert — ‘(c) the square mesh net is no more than— (i) for a net used to take prawns—5 meshes from the cod end drawstrings of the net; or (ii) for a net used to take scallops—3 meshes from the cod end drawstrings of the net; and’. 8 Amendment of s 45 (Square mesh panel) (1) Section 45(b)— renumber as section 45(c). (2) Section 45(a)(ii) and (iii)— omit, insert — ‘(ii) is at least 60 cm wide and 40 cm long; and (b) the entire panel is no more than—

s 9 7 s 10 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (i) for a net used to take prawns—100 meshes from the cod end drawstrings of the net; or (ii) for a net used to take scallops—50 meshes from the cod end drawstrings of the net; and’. 9 Amendment of s 46 (Fisheye) (1) Section 46(b)— renumber as section 46(c). (2) Section 46(a)(iii)— omit, insert — ‘(b) the opening is no more than— (i) for a net used to take prawns—100 meshes from the cod end drawstrings of the net; or (ii) for a net used to take scallops—50 meshes from the cod end drawstrings of the net; and’. 10 Amendment of s 47 (Bigeye) (1) Section 47(a)(i)— omit, insert — ‘(i) is in the top of the net; and’. (2) Section 47(b) to (d)— renumber as section 47(c) to (e). (3) Section 47— insert — ‘(b) the opening is no more than— (i) for a net used to take prawns—200 meshes from the cod end drawstrings of the net; or (ii) for a net used to take scallops—100 meshes from the cod end drawstrings of the net; and’.

s 11 8 s 12 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 11 Amendment of s 48 (Radial escape section) (1) Section 48(3)(b)— omit, insert — ‘(b) a hoop (the “rear hoop” )— (i) with a diameter of at least 65 cm; and (ii) no more than— (A) for a net used to take prawns—105 meshes from the cod end drawstrings of the net; or (B) for a net used to take scallops—53 meshes from the cod end drawstrings of the net.’. (2) Section 48(4)(e)— omit, insert — ‘(e) they must be no more than 50 cm forward of the funnel’s rear edge.’. 12 Replacement of ch 3, pt 3, div 3, sdiv 3 Chapter 3, part 3, division 3, subdivision 3— omit, insert— ‘Subdivision 4—Recognised BRDs for beam trawl nets ‘49 Application of sdiv 4 ‘This subdivision applies only to a beam trawl net. ‘50 Square mesh cod end ‘The net’s cod end is a recognised BRD if— (a) at least half the cod end’s circumference is square mesh of at least 28 mm; and (b) the square mesh has at least 110 bars along each side of the mesh; and (c) the square mesh is no more than—

s 12 9 s 12 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (i) for a net with a mesh size less than 31 mm—7 meshes from the cod end drawstrings of the net; or (ii) for a net with a mesh size of 31 mm or more—5 meshes from the cod end drawstrings of the net; and (d) nothing covers any of the square meshes during trawling. ‘50A Square mesh panel ‘A panel of the net is a recognised BRD if— (a) the panel— (i) is square mesh of at least 4.8 cm; and (ii) is at least 40 cm wide and 30 cm long; and (b) the entire panel is no more than— (i) for a net with a mesh size less than 31 mm—150 meshes from the cod end drawstrings of the net; or (ii) for a net with a mesh size of 31 mm or more—125 meshes from the cod end drawstrings of the net; and (c) nothing covers any of the square meshes during trawling. ‘50B Fisheye ‘An opening in the net is a recognised BRD if— (a) the opening— (i) is held open by a rigid frame; and (ii) is at least 23 cm wide and 10 cm high; and (b) the opening is no more than— (i) for a net with a mesh size less than 31 mm—150 meshes from the cod end drawstrings of the net; or (ii) for a net with a mesh size of 31 mm or more—125 meshes from the cod end drawstrings of the net; and (c) nothing covers any part of the opening during trawling.

s 12 10 s 12 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 ‘50C Bigeye ‘An opening in the net is a recognised BRD if— (a) the opening is in the top of the net and is no more than— (i) for a net with a mesh size less than 31 mm—290 meshes from the cod end drawstrings of the net; or (ii) for a net with a mesh size of 31 mm or more—250 meshes from the cod end drawstrings of the net; and (b) the opening is at least 75 cm wide; and (c) the opening has, during trawling, a weighted forward section and a buoyed rear section; and (d) the edges of the opening do not overlap by more than 28.5 cm; and (e) nothing covers any part of the opening during trawling. ‘50D Radial escape section ‘ (1) A combination of a funnel, hoops and openings in the net are a recognised BRD if— (a) they comply with subsections (2) to (4); and (b) nothing covers any part of the openings during trawling. ‘ (2) The funnel must— (a) be attached to the net for all of the funnel’s front edge circumference; and (b) have a number of meshes in its rear edge circumference of no more than 60% of the number of meshes in the circumference of the net at its rear edge. ‘ (3) The net must have— (a) either— (i) a hoop attached to it at the funnel’s front edge that keeps the funnel fully open; or (ii) a TED is not more than 62 cm from the funnel’s front edge; and (b) a hoop (the “rear hoop” )—

s 13 11 s 13 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (i) with a diameter of at least 45 cm; and (ii) no more than— (A) for a net with a mesh size less than 31 mm—150 meshes from the cod end drawstrings of the net; or (B) for a net with a mesh size of 31 mm or more—125 meshes from the cod end drawstrings of the net. ‘ (4) The openings must comply with the following— (a) they must be forward of the rear hoop; (b) the rear edge of the rear opening must be no more than— (i) for a net with a mesh size less than 31 mm—7 meshes from the rear hoop; or (ii) for a net with a mesh size of 31 mm or more—5 meshes from the rear hoop; and (c) they must extend for at least 24 cm and cover at least half the net’s circumference; (d) they must be at least 7 cm in each of their dimensions; (e) they must be no more than 34 cm forward of the funnel’s rear edge.’. 13 Amendment of s 60 (Obligation to maintain and use VMS equipment) (1) Section 60(2)(b), from ‘period—’— omit, insert — ‘period— (i) no trawl net will be on board the boat; or (ii) the boat will be in dry dock or on a slip; or (iii) the boat will not be used in Queensland waters; or (iv) the VMS equipment will be disconnected from its power source because of a stated maintenance reason.’. (2) Section 60— insert—

s 14 12 s 14 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 ‘ (5) The holder or person in control may, during the period, by notice to the chief executive amend or withdraw a notice given under subsection (2)(b). ‘ (6) If the holder has given a notice under subsection (2)(b), the holder or person in control must not use the boat for fishing during the period unless the holder or person withdraws the notice. ‘ (7) If the person withdraws a notice given under subsection (2)(b), the person— (a) may use the boat for fishing; and (b) must comply with the requirements stated in subsection (1).’. 14 Insertion of new s 105A After section 105— insert — ‘105A Exception—moving boat to test fishing apparatus ‘ (1) It is an exception for section 102 if— (a) the boat is detected by VMS or manually reported as having moved during a day; and (b) the conditions mentioned in subsection (2) have been complied with. ‘ (2) For subsection (1), the conditions are as follows— (a) the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus; (b) the holder or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey— (i) the date and time it will start; (ii) the place it will start; (iii) the destination; (iv) the estimated date and time of arrival at the destination; (v) the reason for the journey;

s 15 13 s 16 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (c) the journey complies, or substantially complies, with the journey stated in the notice; (d) the destination for the journey is no more than 1 n mile from where the journey started; (e) during the whole of the journey— (i) no fish are taken by the use of a trawl net in the fishery’s area; and (ii) the cod ends of each trawl net on or attached to the boat are open; and (iii) the VMS maintenance and use obligations or the manual reporting obligation are complied with for the boat.’. 15 Omission of s 126 (BRD guidelines) Section 126— omit. 16 Amendment of s 132 (Restrictions for ‘M1’, ‘T1’ or ‘T2’ licences) (1) Section 132(2)(a)— omit, insert — ‘(a) the holder of the licence must surrender the following number of effort units— (i) the number of effort units stated in schedule 5 for the number of the hull units for the replaced or modified boat; (ii) if the holder has, under subsection (4), made an application to have the number of effort units required to be surrendered to be worked out by using the prescribed event formula—the number of effort units worked out by using the prescribed event formula; and’. (2) Section 132— insert — ‘ (4) For subsection (2)(a), the holder of the licence may apply to the chief executive to have the number of effort units required to be surrendered to be worked out by using the prescribed event formula if—

s 17 14 s 18 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (a) the boat identified in the licence is replaced because a prescribed event has happened; and (b) the replacement boat has not more than 25 hull units less than the boat identified in the licence. ‘ (5) The chief executive may ask the holder to give, within a stated period of at least 14 days, a stated document or information that is relevant to an application under subsection (4). ‘ (6) The holder must give the chief executive the document or information requested. ‘ (7) If the holder does not give the document or information within the stated period, the chief executive must decide the number of effort units required to be surrendered using the information accompanying the application. ‘ (8) In this section— “prescribed event” , for a boat, means an event— (a) outside the control of the holder or person in charge of the boat; and (b) by which the boat is completely lost, including, for example, by capsize, destruction, fire, flood and theft.’. 17 Amendment of s 173 (Area for ‘T5’ fishery symbol) Section 173(f)— omit, insert— ‘(f) the Logan River area and other rivers or creeks south of Double Island Point.’. 18 Amendment of s 232 (Restrictions on possessing bugs) Section 232— insert — ‘ (2) In this section— “bug” includes a Balmain bug.’.

s 19 15 s 19 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 19 Insertion of new ch 6 After chapter 5— insert— ‘CHAPTER 6—TRANSITIONAL PROVISIONS FOR FISHERIES MANAGEMENT PLANS AMENDMENT MANAGEMENT PLAN (NO. 2) 2003 ‘239 Definitions for ch 6 ‘In this chapter— “original boat” , in relation to a licence amended under section 132, means the boat that was identified in the licence before the amendment was made. “prescribed event” , for a boat, means an event— (a) outside the control of the holder or person in charge of the boat; and (b) by which the boat is completely lost, including, for example, by capsize, destruction, fire, flood and theft. “prescribed refund formula” means the following formula— EUR = EUS – (EU x N) where— “EUR” is the number of effort units that must be refunded. “EUS” is the number of effort units the holder surrendered under section 132(2)(a). “EU” is the number of effort units allocated to the licence before the surrender under section 132(2)(a) was made. “N” is— (a) if the replacement boat has more hull units than the original boat—0.93; or (b) if the replacement boat has the same hull units than the original boat—0.96; or

s 19 16 s 19 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (c) if the replacement boat has less hull units than the original boat— (i) if the difference is 10 or less hull units—0.96; or (ii) if the difference is 11 hull units—0.90; or (iii) if the difference is 12 hull units—0.895; or (iv) if the difference is 13 hull units—0.89; or (v) if the difference is 14 hull units—0.885; or (vi) if the difference is 15 hull units—0.88; or (vii) if the difference is 16 hull units—0.875; or (viii)if the difference is 17 hull units—0.87; or (ix) if the difference is 18 hull units—0.865; or (x) if the difference is 19 hull units—0.86; or (xi) if the difference is 20 hull units—0.855; or (xii) if the difference is 21 hull units—0.85; or (xiii)if the difference is 22 hull units—0.845; or (xiv)if the difference is 23 hull units—0.84; or (xv) if the difference is 24 hull units—0.835; or (xvi)if the difference is 25 hull units—0.83. “replacement boat” , in relation to a licence amended under section 132, means the boat that was identified in the licence after the amendment was made. ‘240 Refund of effort units surrendered ‘ (1) This section applies if— (a) before the commencement of this section, a holder of a licence— (i) applied for an amendment to the licence under section 132; and (ii) surrendered effort units under section 132(2)(a); and (b) the amendment was to allow for the replacement of a boat because a prescribed event had happened; and

s 20 17 s 20 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (c) the replacement boat had not more than 25 hull units less than the original boat. ‘ (2) The holder may apply to the chief executive for a refund of part of the surrendered effort units. ‘ (3) The holder must, when applying for the refund, give the chief executive the effort unit certificate for the licence for amendment to reflect the refund of effort units. ‘ (4) The chief executive may ask the holder to give, within a stated period of at least 14 days, a stated document or information that is relevant to an application under subsection (2). ‘ (5) The holder must give the chief executive the document or information requested. ‘ (6) If the holder does not give the document or information within the stated period, the chief executive must decide whether part of the surrendered effort units are required to be refunded using the information accompanying the application. ‘ (7) If the chief executive decides part of the surrendered effort units must be refunded, the number of effort units that must be refunded must be worked out by using the prescribed refund formula. ‘241 Expiry of ch 6 ‘This chapter expires on 1 January 2005.’. 20 Amendment of sch 3 (Specific closed waters) (1) Schedule 3, part 2, divisions 1 and 2— omit, insert — ‘Division 1—Hervey Bay ‘5 Hervey Bay scallop replenishment area A ‘ (1) Waters within the following boundary— • from latitude 24º40.00' south, longitude 152º40.00' east to latitude 24º40.00' south, longitude 152º50.00' east • to latitude 24º30.00' south, longitude 152º50.00' east

s 20 18 s 20 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 • to latitude 24º30.00' south, longitude 152º40.00' east • to latitude 24º40.00' south, longitude 152º40.00' east. ‘ (2) The waters are closed during the following periods— (a) midday on 20 September 2003 to midday on 1 January 2005; (b) midday on 20 September 2005 to midday on 1 January 2007; (c) midday on 20 September 2007 to midday on 1 January 2009. ‘ (3) This section expires on 1 January 2009. ‘6 Hervey Bay scallop replenishment area B ‘ (1) Waters within the following boundary— • from latitude 24º40.00' south, longitude 152º50.00' east to latitude 24º40.00' south, longitude 153º00' east • to latitude 24º30.00' south, longitude 153º00' east • to latitude 24º30.00' south, longitude 152º50.00' east • to latitude 24º40.00' south, longitude 152º50.00' east. ‘ (2) The waters are closed during the following periods— (a) midday on 20 September 2003 to midday on 1 January 2004; (b) midday on 20 September 2004 to midday on 1 January 2006; (c) midday on 20 September 2006 to midday on 1 January 2008. ‘ (3) This section expires on 1 January 2008. ‘Division 2—Bustard Head ‘7 Bustard Head scallop replenishment area A ‘ (1) Waters within the following boundary— • from latitude 23º55.00' south, longitude 151º40.00' east to latitude 23º55.00' south, longitude 151º50.00' east • to latitude 23º45.00' south, longitude 151º50.00' east • to latitude 23º45.00' south, longitude 151º40.00' east

s 20 19 s 20 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 • to latitude 23º55.00' south, longitude 151º40.00' east. ‘ (2) The waters are closed during the following periods— (a) midday on 20 September 2003 to midday on 1 January 2005; (b) midday on 20 September 2005 to midday on 1 January 2007; (c) midday on 20 September 2007 to midday on 1 January 2009. ‘ (3) This section expires on 1 January 2009. ‘8 Bustard Head scallop replenishment area B ‘ (1) Waters within the following boundary— • from latitude 23º55.00' south, longitude 151º50.00' east to latitude 23º55.00' south, longitude 152º00' east • to latitude 23º45.00' south, longitude 152º00' east • to latitude 23º45.00' south, longitude 151º50.00' east • to latitude 23º55.00' south, longitude 151º50.00' east. ‘ (2) The waters are closed during the following periods— (a) midday on 20 September 2003 to midday on 1 January 2004; (b) midday on 20 September 2004 to midday on 1 January 2006; (c) midday on 20 September 2006 to midday on 1 January 2008. ‘ (3) This section expires on 1 January 2008.’. (2) Schedule 3— insert — ‘75A Baffle Creek ‘The waters of Baffle Creek, and waterways joining it.’. (3) Schedule 3, section 86(2)— omit, insert — ‘ (2) The Fitzroy River and waterways joining it, upstream of a line 1 — 1 Note, the line runs across the Fitzroy River at the part of the River commonly known as the “cut through”.

s 21 20 s 22 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 • from the intersection between longitude 150º40.20' east and the northern bank of the River; 2 • to the intersection between longitude 150º40.40' east and the southern bank of the River. 3 ’. 21 Amendment of sch 4 (Regulated fish) Schedule 4, part 4, item 11— omit, insert — ‘ 11. Blue swimmer crabs less than 11.5 cm.’. 22 Amendment of sch 7 (Aids to interpretation and definitions) (1) Schedule 7, section 8(1)— omit, insert — ‘ (1) The size of a blue swimmer crab is decided by measuring the distance between— (a) a point immediately forward of the base of the large lateral spine of the crab on one side of the crab; and 2 The intersection between longitude 150º40.20' east and the northern bank of the Fitzroy River is approximately at latitude 23º30.10' south, longitude 150º40.20' east. 3 The intersection between longitude 150º40.40' east and the southern bank of the Fitzroy River is approximately at latitude 23º30.30' south, longitude 150º40.40' east.

s 22 21 s 22 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (b) a point immediately forward of the base of the large lateral spine of the crab on the other side of the crab. Example for subsection (1) — Distance to be measured to decide size of blue swimmer crab’. (2) Schedule 7— insert — ‘24A Meaning of “Logan River area” “Logan River area” means the waters of Logan River, and waterways joining it, upstream of the line— • from the intersection of the mainland shore with longitude 153º19.20' east 4 to latitude 27º40.40' south, longitude 153º19.50' east • to latitude 27º41.50' south, longitude 153º21.10' east • to the intersection of the mainland shore with longitude 153º21.10' east. 5 ’. (3) Schedule 7, section 34, ‘applying the following formula’— omit, insert — 4 The mainland shore intersects with longitude 153º19.20' east at approximately latitude 27º40.50' south. 5 The mainland shore intersects with longitude 153º21.10' east at approximately latitude 27º41.90' south.

s 22 22 s 22 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 ‘using the following formula and rounding the amount worked out to the nearest whole number’. (4) Schedule 7, part 3— insert — ‘43 Meaning of “prescribed event formula” ‘The “prescribed event formula” , for working out the effort units to be surrendered under section 132 for a replacement boat for a boat identified in a licence, is the following formula— EU = OEU x N where— “EU” is the number of effort units that must be surrendered. “OEU” is the number of effort units that are allocated to the licence. “N” is— (a) if the replacement boat has more hull units than the boat identified in the licence—0.93; or (b) if the replacement boat has the same hull units as the boat identified in the licence—0.96; or (c) if the replacement boat has less hull units than the boat identified in the licence— (i) if the difference is 10 or less hull units—0.96; or (ii) if the difference is 11 hull units—0.90; or (iii) if the difference is 12 hull units—0.895; or (iv) if the difference is 13 hull units—0.89; or (v) if the difference is 14 hull units—0.885; or (vi) if the difference is 15 hull units—0.88; or (vii) if the difference is 16 hull units—0.875; or (viii)if the difference is 17 hull units—0.87; or (ix) if the difference is 18 hull units—0.865; or (x) if the difference is 19 hull units—0.86; or (xi) if the difference is 20 hull units—0.855; or

s 23 23 s 24 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 (xii) if the difference is 21 hull units—0.85; or (xiii)if the difference is 22 hull units—0.845; or (xiv)if the difference is 23 hull units—0.84; or (xv if the difference is 24 hull units—0.835; or (xvi)if the difference is 25 hull units—0.83.’. (5) Schedule 7, part 4, definitions “BRD guidelines” and “recognised BRD”— omit. (6) Schedule 7, part 4— insert— ‘ “Logan River area” see section 24A of this schedule. “prescribed event formula” , for section 132, see section 43 of this schedule. “recognised BRD” , for chapter 3, part 3, division 3, see section 43(2).’. PART 3—AMENDMENT OF FISHERIES (FRESHWATER) MANAGEMENT PLAN 1999 23 Management plan amended in pt 3 This part amends the Fisheries (Freshwater) Management Plan 1999. 24 Amendment of sch 7 (Restrictions on the use of live fish as bait) (1) Schedule 7, section 1, paragraph (a)— omit. (2) Schedule 7, section 1, paragraphs (b) and (c)— renumber as paragraphs (a) and (b).

s 25 24 s 28 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 PART 4—AMENDMENT OF FISHERIES (GULF OF CARPENTARIA INSHORE FIN FISH) MANAGEMENT PLAN 1999 25 Management plan amended in pt 4 This part amends the Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999. 26 Amendment of sch 3 (Waters closed to taking fin fish for trade or commerce) Schedule 3, part 1— insert — ‘4A Kirke River ‘Waters of Kirke River, and waterways joining it, east of longitude 141º32' east.’. PART 5—AMENDMENT OF FISHERIES (SPANNER CRAB) MANAGEMENT PLAN 1999 27 Management plan amended in pt 5 This part amends the Fisheries (Spanner Crab) Management Plan 1999. 28 Amendment of s 17 (Dillies—permitted number) Section 17— insert — ‘ (3) No more than 50 dillies may be on, or attached to, a boat being used to take spanner crab.’.

s 29 25 s 32 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 29 Replacement of s 19 (Net) Section 19— omit, insert— ‘19 Net ‘ (1) A dilly’s net must have only 1 mesh and the mesh must be square or rectangular. ‘ (2) The mesh size of the net must be at least 25 mm.’. 30 Amendment of s 49 (Dillies—permitted number) Section 49— insert — ‘ (3) No more than 35 dillies may be used, under an authority to take spanner crab, at the same time.’. 31 Replacement of s 51 (Net) Section 51— omit, insert— ‘51 Net ‘ (1) A dilly’s net must have only 1 mesh and the mesh must be square or rectangular. ‘ (2) The mesh size of the net must be at least 25 mm.’. 32 Amendment of sch 1 (The fishery) Schedule 1, section 16(3)— omit, insert — ‘ (3) The dillies must— (a) have a rigid frame with an area of no more than 1 m 2 ; and (b) be covered by only 1 mesh and the mesh must have a mesh size of 25 mm.’.

26 Fisheries Management Plans Amendment Management Plan (No. 2) 2003 No. 215, 2003 ENDNOTES 1. Made by the chief executive on 26 August 2003. 2. Approved by the Governor in Council on 11 September 2003. 3. Notified in the gazette on 12 September 2003. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Departmernt of Primary Industries. © State of Queensland 2003