Fisheries Management Plans Amendment Management Plan (No. 4) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 368 Fisheries Act 1994 FISHERIES MANAGEMENT PLANS AMENDMENT MANAGEMENT PLAN (No. 4) 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF FISHERIES (CORAL REEF FIN FISH) MANAGEMENT PLAN 2003 3 Plan amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 8 (Prohibited activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 12 (Exemption for particular commercial fishers). . . . . . . 4 6 Amendment of s 20 (Meaning of “seasonal effect special circumstance”). . 4 7 Amendment of s 44 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 128 (No new carrier boat licences) . . . . . . . . . . . . . . . . . . 4 9 Amendment of sch 3 (Periods for water closures) . . . . . . . . . . . . . . . . . . . . 5 10 Amendment of sch 5 (Adjusted criteria for event-based special circumstances) ........................................ 5 11 Amendment of sch 8 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—AMENDMENT OF FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999 12 Plan amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Replacement of s 94 (Decision to issue for ‘T2’ licences) . . . . . . . . . . . . . . 6 94 Interim issue of additional effort units for all eligible licences . . . . . 6

2 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 14 Amendment of s 95 (Decision to issue additional effort units for all eligible licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 96 (Issue of effort units). . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 96A (Application of div 5A) . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of sch 7 (Aids to interpretation and definitions) . . . . . . . . . . . . 7 7 7 7

s1 3 s4 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 PART 1—PRELIMINARY 1 Short title This management plan may be cited as the Fisheries Management Plans Amendment Management Plan (No. 4) 2003 . 2 Commencement Section 4 commences on 20 December 2003. PART 2—AMENDMENT OF FISHERIES (CORAL REEF FIN FISH) MANAGEMENT PLAN 2003 3 Plan amended in pt 2 This part amends the Fisheries (Coral Reef Fin Fish) Management Plan 2003. 4 Amendment of s 8 (Prohibited activities) (1) Section 8— insert — ‘ (1A) However, subsection (1)(c) does not apply to coral reef fin fish that— (a) are possessed— (i) on board a boat, other than a commercial fishing boat or a boat that has prescribed fishing apparatus on board, for the purpose of consumption by persons on board the boat; or (ii) on board a boat used for a commercial fishing tour conducted for an uninterrupted period of at least 24 hours; and (b) were not taken from the closed waters.’. (2) Section 8(1A) and (2)—

s5 4 s8 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 renumber as section 8(2) and (3). (3) Section 8— insert — ‘ (4) In this section— “prescribed fishing apparatus” means— (a) commercial fishing apparatus; or (b) fishing apparatus that may be used by a recreational fisher, under section 139, 1 to take coral reef fin fish.’. 5 Amendment of s 12 (Exemption for particular commercial fishers) Section 12(1), from ‘holder’ to ‘may’— omit, insert — ‘holder of, or a person acting under, an authority with the fishery symbol ‘A1’ or ‘A2’ written on it, may’. 6 Amendment of s 20 (Meaning of “seasonal effect special circumstance”) Section 20(2), ‘recent entrant’— omit, insert — ‘seasonal effect’. 7 Amendment of s 44 (Definitions for pt 2) Section 44, definition “adjusted allocation provisions”, ‘62(1)’— omit, insert — ‘62’. 8 Amendment of s 128 (No new carrier boat licences) Section 128(2)(b), ‘its commencement’— 1 Section 139 (Permitted ways of taking coral reef fin fish)

s 9 5 s 11 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 omit, insert — ‘the notification day’. 9 Amendment of sch 3 (Periods for water closures) Schedule 3, ‘midnight on’— omit . 10 Amendment of sch 5 (Adjusted criteria for event-based special circumstances) (1) Schedule 5, section 3(3), from ‘total of the following amounts’— omit, insert — ‘highest of the following amounts— (a) the amount of eligible coral reef fin fish for the number of days in the prescribed period when the event was not happening, increased by a rateable amount for a period of 139 days; (b) the amount of eligible coral reef fin fish for the prescribed period.’. (2) Schedule 5, section 4(3), from ‘total of the following amounts’— omit, insert — ‘highest of the following amounts— (a) the amount of eligible coral reef fin fish for the number of days in the prescribed period when the event was not happening, increased by a rateable amount for a period of 226 days; (b) the amount of eligible coral reef fin fish for the prescribed period.’. 11 Amendment of sch 8 (Dictionary) Schedule 8, definition “adjusted allocation provisions”, ‘62(1)’— omit, insert — ‘62’.

s 12 6 s 13 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 PART 3—AMENDMENT OF FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999 12 Plan amended in pt 3 This part amends the Fisheries (East Coast Trawl) Management Plan 1999. 13 Replacement of s 94 (Decision to issue for ‘T2’ licences) Section 94— omit, insert — ‘94 Interim issue of additional effort units for all eligible licences ‘ (1) This section applies if, on the day this section commences— (a) the total fishing days for all effort units are less than 102 929; and (b) all appeals against decisions about effort unit applications are not ended or finally decided. ‘ (2) The chief executive must, not later than 30 June 2004, issue further additional effort units for each eligible licence to the holder. ‘ (3) The number of effort units that must be issued for an eligible licence is the number worked out by applying the following formula— EU = EUCF ×  T- - R- -- E- - D- - L- -  where— “EU ” means the number of effort units worked out by applying the formula. “EUCF” means the effort unit conversion factor for— (a) the boat identified in the eligible licence; or (b) if no boat is identified in the eligible licence—the boat last identified in the licence. “RD” means 102 343, less the total number of fishing days for all effort units when each of the effort units were issued.

s 14 7 s 17 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 “TEL” means the total number of eligible licences. ‘ (4) If, after applying the formula, the number of effort units worked out is not a whole number, the number of effort units that must be issued for the eligible licence is the nearest whole number to the amount worked out, rounded down.’. 14 Amendment of s 95 (Decision to issue additional effort units for all eligible licences) Section 95, heading, ‘ Decision to issue ’— omit, insert — ‘ Further issue of ’. 15 Amendment of s 96 (Issue of effort units) Section 96(1), after ‘94’— insert — ‘or 95’. 16 Amendment of s 96A (Application of div 5A) Section 96A(b)— omit . 17 Amendment of sch 7 (Aids to interpretation and definitions) (1) Schedule 7, part 1, section 8(1)— omit, insert — ‘ (1) The size of a blue swimmer crab is decided by measuring the distance between— (a) the notch immediately forward of the base of the large lateral spine of the crab on one side of the crab; and (b) the notch immediately forward of the base of the large lateral spine of the crab on the other side of the crab.

s 17 8 s 17 Fisheries Management Plans Amendment Management Plan (No. 4) 2003 No. 368, 2003 ‘ (1A) The following figure is an illustration of the operation of subsection (1) in diagrammatic form— The distance between the 2 vertical dotted lines is the distance to be measured to decide the size of a blue swimmer crab’. (2) Schedule 7, part 1, section 8(4)— omit . (3) Schedule 7, part 1, section 8(1A) to (3)— renumber as schedule 7, part 1, section 8(2) to (4). ENDNOTES 1. Made by the chief executive on 8 December 2003. 2. Approved by the Governor in Council on 18 December 2003. 3. Notified in the gazette on 19 December 2003. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Primary Industries. © State of Queensland 2003