Fisheries Regulation 2008 (QLD)
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Fisheries Regulation 2008
Chapter 1 Preliminary
Part 1 Introduction
1 Short title
This regulation may be cited as the Fisheries Regulation 2008.
2 Commencement
This regulation commences on 1 April 2008.
Part 2 Interpretation
Division 1 Relationship with Fisheries Declaration 2019
3 Regulation to be read with Fisheries Declaration 2019
For fisheries declarations, this regulation must be read together with the Fisheries Declaration 2019.Note—
See the Fisheries Declaration 2019, section 3 about the interpretation of terms in the declaration.
Division 2 Definitions
4 Dictionary
The dictionary in schedule 11 defines particular words used in this regulation.
4A Meaning of stowed and secured—Act, s 77A
(1)This section prescribes the meaning of stowed and secured for section 77A(4) of the Actand this regulation.(2)A thing is stowed and secured if it is stowed inboard a boat.
Division 3 Scientific names for fish
5 Definition for div 3
In this division—species includes another taxonomic grouping.
6 Scientific names for species of fish
(1)The scientific name for a species of fish mentioned in schedule 5, column 1 is the scientific name stated opposite the species of fish in schedule 5, column 2.(2)The scientific name for a species of fish mentioned in schedule 6, column 1 is the scientific name stated opposite the species of fish in schedule 6, column 2.(3)Without limiting subsection (1) or (2), the scientific name for a species of fish mentioned in this regulation or a declaration follows the scientific name for the species of the fish stated in a document mentioned in schedule 7 (a prescribed reference document).
7 Alternative scientific names in prescribed reference documents
(1)Subsection (2) applies if, for a species of fish mentioned in this regulation or a declaration, there are alternative scientific names mentioned in more than 1 prescribed reference document under schedule 7.(2)The scientific name for the species follows the scientific name mentioned in the prescribed reference document with the lowest item number under schedule 7.(3)This section does not limit section 6.(4)In this section—alternative, to a scientific name, includes a variation of the name.
8 Inconsistency between prescribed reference and scheduled names
(1)This section applies if—(a)in a document, other than a prescribed reference document, a species of fish is referred to by the scientific name for the species stated in a prescribed reference document (the prescribed reference name); and(b)the prescribed reference name is not consistent with the scientific name for the species stated in schedule 5 or 6 (the scheduled name).(2)The reference to the prescribed reference name may, if the context permits, be taken to be a reference to the scheduled name.
Division 4 References to regulated waters
9 References to regulated waters by name or description
A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019, schedule 1.
10 [Repealed]
11 [Repealed]
12 [Repealed]
Division 5 Matters relating to authorities and commercial fisheries
13 References to an authority include its conditions
A reference to an authority includes a reference to its conditions.
14 References to activities carried out under an authority
A person carries out an activity under an authority only if—(a)the authority, or a provision of this regulation about that type of authority, authorises the person to carry out the activity; and(b)the person carries out the activity in accordance with that authorisation.Note—
See also section 208 (Authorisations subject to regulation, declarations and authorities).
15 Who is a commercial fisher
(1)Generally, a commercial fisher is anyone who holds a commercial fisher licence.(2)However, in a fishery provision about a commercial fishery in chapters 7 to 11, a reference to a commercial fisher is a reference to a commercial fisher acting under the commercial fishing boat licence on which is written a fishery symbol for the fishery.
15A What is a commercial fishery
(1)Generally, a commercial fishery is a fishery provided for under chapters 7 to 11.(2)A reference to a commercial fishery includes a reference to the authorisations and conditions stated in a fishery provision about the fishery.(3)A reference to doing a thing in a commercial fishery includes a reference to doing the thing under the authorisations and conditions stated in a fishery provision about the fishery.
16 References to the licence in a fishery provision
In a fishery provision about a commercial fishery, a reference to the licence is a reference to a licence on which is written a fishery symbol for the fishery.
Division 6 Working out boundaries of areas
17 References to latitudes and longitudes
(1)Subject to subsection (2), the latitudes and longitudes used to describe the boundary of an area are worked out using GDA 94.(2)The latitudes and longitudes used to describe the boundary of an area shown on a fish habitat area plan mentioned in schedule 3 are worked out using AGD 84.(3)In this section—AGD 84 means the Australian Geodetic Datum 1984, commonly called ‘AGD 84’, defined in the technical report by Allman, JS and Veenstra, C titled ‘Geodetic Model of Australia 1982’, Technical Report 33, published in 1984 by the Commonwealth Department of Resources and Energy, Division of National Mapping.Editor’s note—
The report may be inspected, during office hours on business days, at the southern regional office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered. On the notification day that office was at the Landcentre, corner of Vulture and Main Streets, Woolloongabba.GDA 94 means the Geocentric Datum of Australia 1994, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.
18 References to boundaries, lines, shores and other points
Unless otherwise provided, the following apply—(a)a boundary or line along a shore follows high water mark;(b)a boundary or line along a shore intersected by a waterway crosses the waterway by the shortest line between its banks;(c)other boundaries and lines run from point to point in a straight line;(d)a reference to a shore is a reference to the shore at high water mark;(e)a reference to a point or to the tip of an island or other geographical feature, is a reference to the point or tip on the shore at high water mark.
19 References to waterways
Unless otherwise provided, a reference to a waterway is a reference to all of the following—(a)the waterway upstream of the shortest line between its banks at their junction, at low water, with the body of water into which the waterway finally flows;(b)the foreshores of the waterway.
20 References to banks of waterways
Unless otherwise provided, a reference to a bank of a waterway is a reference to the bank at its junction, at high water, with the body of water into which it finally flows.
Division 7 Other general provisions aiding interpretation
21 References to aids to navigation
A reference to a beacon, buoy, lead, light or marine mark is a reference to an aid to navigation under the Transport Operations (Marine Safety) Act 1994, section 104.
22 References to distances between nets
A reference to a distance between nets is a reference to—(a)for nets in a waterway—the distance between the nets measured along the centre line of the waterway; and(b)for nets on a foreshore—the distance between the nets measured along the shore.
23 References to drops and number of meshes
(1)A reference to a net’s drop is a reference to the distance between the top and the bottom of the net when its meshes are taut.(2)A reference to a number of meshes in a net’s drop is a reference to the number of rows of mesh between the top and bottom of the net.
24 References to periods of days or months
(1)This section applies if a provision states a period that—(a)starts on a day or in a month (the first mentioned day or month); and(b)ends on a day or in a month (the second mentioned day or month).(2)The period is taken to start at the beginning of the first mentioned day or month and end at the end of the second mentioned day or month.Example—
A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.
25 References to times
(1)This section applies if a provision states a period that starts at a time (the first mentioned time) and ends at another time (the second mentioned time).(2)The period is taken to start at the first mentioned time and end at the second mentioned time whether the second mentioned time is on the same, or a different, day, week, month or year.Examples—
•A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November and ending at midday on 1 February.•A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the next day.•A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time within the stated days starting at 3p.m. on a particular day and ending at 5a.m. on the next day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.
Chapter 2 [Repealed]
Part 1 [Repealed]
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Part 2 [Repealed]
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Part 3 [Repealed]
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Part 4 [Repealed]
Division 1 [Repealed]
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Division 2 [Repealed]
Subdivision 1 [Repealed]
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Subdivision 2 [Repealed]
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Division 3 [Repealed]
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Subdivision 2 [Repealed]
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Subdivision 3 [Repealed]
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Part 5 [Repealed]
Division 1 [Repealed]
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Division 3 [Repealed]
Subdivision 1 [Repealed]
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Subdivision 2 [Repealed]
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Subdivision 3 [Repealed]
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Division 3A [Repealed]
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Division 4 [Repealed]
Subdivision 1 [Repealed]
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Subdivision 2 [Repealed]
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Division 5 [Repealed]
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Division 10 [Repealed]
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Part 6 [Repealed]
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Part 7 [Repealed]
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Division 2 [Repealed]
Subdivision 1 [Repealed]
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Subdivision 2 [Repealed]
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Subdivision 4 [Repealed]
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Division 3 [Repealed]
Subdivision 1 [Repealed]
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Subdivision 3 [Repealed]
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Part 8 [Repealed]
Division 1 [Repealed]
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Division 3 [Repealed]
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Division 1 [Repealed]
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Division 3 [Repealed]
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Division 5 [Repealed]
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Part 11 [Repealed]
Division 1 [Repealed]
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Division 2 [Repealed]
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Division 3 [Repealed]
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Division 4 [Repealed]
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Division 5 [Repealed]
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Division 6 [Repealed]
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Division 7 [Repealed]
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Part 12 [Repealed]
Division 1 [Repealed]
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Division 2 [Repealed]
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Division 3 [Repealed]
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Part 12A [Repealed]
Division 1 [Repealed]
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Division 2 [Repealed]
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Part 13 [Repealed]
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Chapter 3 [Repealed]
Part 1 [Repealed]
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Division 2 [Repealed]
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Division 2 [Repealed]
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Division 3 [Repealed]
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Part 7 [Repealed]
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Subdivision 2 [Repealed]
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Division 5 [Repealed]
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Part 2 [Repealed]
Division 1 [Repealed]
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Division 3 [Repealed]
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Division 4 [Repealed]
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Chapter 5 Authorities
Part 1 Preliminary
201 Simplified outline of ch 5
In outline, this chapter provides for authorities and related matters as follows—(a)part 2 describes particular types of authorities that may be issued and sets out provisions applying generally to authorities and to more than 1 type of authority;(b)parts 3 to 5 provide generally for particular types of authorities, other than authorities relating to commercial fishing;(c)part 6 provides generally for authorities relating to commercial fishing;(d)parts 7 to 9 provide for particular authorities relating to commercial fishing.
Part 2 General provisions about authorities
Division 1 Types of authorities
202 Purpose of division
This division states the types of permits, licences and quota authorities the chief executive may issue under section 49 of the Act.
203 [Repealed]
204 Types of permits
(1)The types of permit the chief executive may issue are the following—(a)developmental fishing permits;(b)indigenous fishing permits;(c)stocked impoundment permits;(d)a filleting permit to the holder of an RQ fishery licence;(e)a permit for an activity mentioned in subsection (2) (a general fisheries permit).Note—
Part 4 provides for matters relating to the issue of, and authorisation under, particular permits.(2)Subject to part 4, division 1, the chief executive may issue a general fisheries permit for an activity that—(a)is not able to be carried out under another type of authority; and(b)is carried out for any purpose, regardless of whether it is for a commercial purpose or a non-commercial purpose.Example of activity carried out for a commercial purpose—
collection of fish for aquacultureExample of activity carried out for a non-commercial purpose—
fisheries research and monitoring(3)For a general fisheries permit for an activity for which the sole or main purpose is a commercial purpose, the chief executive must state a term for the permit that ends on a day that is not more than 2 years after the day on which the permit was issued.
205 Types of licences
The types of licence the chief executive may issue are the following—(a)a carrier boat licence;(b)a charter fishing licence;(c)a commercial fisher licence;(d)a commercial fishing boat licence;(e)a commercial harvest fishery licence.Note—
Part 5 provides for matters relating to licences mentioned in paragraphs (a) and (b) and parts 6 to 9 provide for matters relating to the licences mentioned in paragraphs (c) to (e).
206 Types of quota authorities
The types of quota authorities under the Act are the following—(a)T1 effort units and T2 effort units under chapter 7A, part 7;(b)SM units under chapter 10, parts 2 to 6;(c)CT line units, OS line units and RTE line units under chapter 10A, parts 2 to 6;(d)ITQ units under chapter 11, part 1A, division 7;(e)T4-ITQ units under chapter 11, part 3, division 5.Note—
Generally speaking, the chief executive may not issue more quota authorities of any of the types mentioned in this section—see sections 392BN, 556A, 591N, 600NA and 614G.
207 [Repealed]
Division 1A Activities for which authorities can not be issued
207A Prohibition on issue of authority authorising the use of bottom set line in Gulf of Carpentaria waters
The chief executive can not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.
Division 2 Authorisations under authorities
208 Authorisations subject to regulation, declarations and authorities
(1)This section applies if an activity is authorised to be carried out under an authority under—(a)a provision in—(i)parts 3 to 9; or(ii)chapter 6, part 5; or(iii)chapters 7 to 11; or(b)the authority itself.(2)The carrying out of the activity is subject to any relevant prohibitions or restrictions under this regulation, a declaration or the authority itself.Examples of relevant restrictions—
•restrictions under the Fisheries Declaration 2019•conditions applying generally to licences with fishery symbols under chapter 6, part 6
209 Authority holder only requires 1 authority for an activity
(1)This section applies to the holder of an authority if the authority authorises an activity for which another authority may be issued under this regulation.(2)The holder of the authority does not require another authority for the activity.
Division 3 Register of authorities
210 Particulars to be contained in register—Act, s 73
For section 73(2) of the Act, the register must contain the following particulars about each authority issued by the chief executive—(a)the type, category and number of the authority;(b)the fishery symbols, if any, written on the authority;(c)the authority holder’s full name;(d)the holder’s postal address;(e)other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80(1)(b) of the Act;(f)third party interests in the authority, if any, notified to the chief executive;(g)for all quota authorities of the same type held by the same person—(i)the person’s name; and(ii)the number of authorities held by the person; and
(iii)if conditions have been imposed on any of the authorities—the conditions; and(iv)if any of the authorities are suspended—the number of the authorities and the period of the suspension;(h)for an ‘M2’ licence—(i)the boat mark for the boat identified in the licence; and(ii)the boat’s hull units, beam, depth and length; and(iii)the boat’s main engine power in maximum continuous brake kW.
211 Holder to notify chief executive of particular changes—Act, s 73
For section 73(3) of the Act, an authority holder must give the chief executive written particulars of any of the following changes in circumstances—(a)a change of the holder’s name;(b)if the holder is an individual—a change of the holder’s residential, business or postal address;(c)if the holder is a corporation—(i)a change of the address of the holder’s registered office; or(ii)a change of the address of the holder’s office, if any, in the State; or(iii)a person becoming, or ceasing to be, an executive officer of the holder;(d)a change in a third party interest in the authority notified to the chief executive;(e)a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80(1)(b) of the Act.
Division 4 Other matters
212 Authorities that continue after holder’s death—Act, s 70C
The following authorities are prescribed for section 70C(1) of the Act—(a)a charter fishing licence;(b)a commercial fishing boat licence;(c)a commercial harvest fishery licence;(d)an effort unit;(e)an ITQ unit;(f)a line unit;(g)a resource allocation authority;(h)an SM unit.
213 Authorities in which inspectors may have an interest
An inspector may hold or have an interest in an authority for—(a)conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or(b)taking or possessing fish for stocking waters; or(c)releasing fish; or(d)taking fish from a stocked impoundment by using a fishing line; or(e)performing the inspector’s functions.
Part 3 Resource allocation authorities
Division 1 Preliminary
214 Meaning of prescribed development purpose for declared fish habitat area
A prescribed development purpose for a declared fish habitat area, means any of the following in, or directly affecting, the area—(a)restoring the fish habitat or natural processes;Examples—
•reinstating tidal profiles for allowing restoration of marine plant communities•restoring tidal flows and inundation patterns(b)managing fisheries resources or fish habitat;Example—
constructing a boardwalk for public access within a declared fish habitat area for preventing uncontrolled disturbance of the habitat(c)researching, including monitoring, or educating;(d)ensuring public health or safety;(e)providing public infrastructure to facilitate fishing;Examples of public infrastructure—
a boat ramp or jetty for public use(f)providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;(g)constructing a temporary structure;(h)maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act;(i)maintaining a structure, other than a structure mentioned in paragraph (h), that has been lawfully constructed;(j)for a part of the area that is a management B area—(i)constructing a permanent structure on tidal land or within the area; or(ii)depositing material for beach replenishment in the area.
Division 2 Issue of and authorisation under resource allocation authorities
215 Restriction on issue of particular resource allocation authorities
(1)The chief executive may issue a resource allocation authority for a prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.(2)Also, before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates—(a)the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;(b)for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;(c)for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.
216 Authorisation under resource allocation authority
(1)A resource allocation authority holder may do any of the following under the authority—(a)for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d)—interfere with the declared fish habitat area mentioned in the authority;(b)for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;(c)for an authority relating to development that is operational work impacting on marine plants that is dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.(2)However, the holder may do an act mentioned in subsection (1) only if—(a)the holder does the act in relation to the development to which the authority relates; and(b)the development is carried out in a way that is authorised under the Planning Act.
Part 4 Permits
Division 1 Restrictions on issue of particular permits
217 Prohibition on issue of permit for possessing or using purse seine net
The chief executive can not issue a permit allowing any of the following—(a)possessing a purse seine net;(b)using a purse seine net to take fish;(c)possessing fish taken in contravention of paragraph (b).
218 Restriction on issue of permit for taking or possessing maray or Australian sardine
(1)The chief executive can not issue a permit allowing the taking or possession of maray or Australian sardines for trade or commerce.(2)However, subsection (1) does not apply if—(a)the permit allows the taking or possession of maray or Australian sardines for only 1 of the following—(i)to use as bait for fishing under a commercial fishing boat licence or commercial fisher licence held by the person applying for the permit;(ii)to use as food for display fish;(iii)for research; or(b)the permit is a replacement permit issued under section 71 of the Act.
218A Restriction on issue of general fisheries permit for taking fish in particular regulated waters
The chief executive can not issue a general fisheries permit allowing the taking of fish in, or the possessing of fish taken in, the regulated waters mentioned in the Fisheries Declaration 2019, section 17(2) unless the permit is for an activity for which any of the following is the sole or main purpose—(a)research;(b)environmental protection;(c)public health;(d)public safety.
218B Prohibition on issue of developmental fishing permit for use of set mesh nets in Gulf of Carpentaria waters
The chief executive may issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters only if the permit is a replacement of a developmental fishing permit under which the use of a set mesh net in the Gulf of Carpentaria waters is authorised.
218C Prohibition on issue of permits for taking or possessing freshwater fish for trade or commerce
(1)The chief executive can not issue a permit allowing the taking or possession of freshwater fish for trade or commerce.(2)However, subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used by the permit holder for broodstock for aquaculture.
218D Prohibition on issue of general fisheries permit for using particular nets in particular regulated waters
(1)The chief executive can not issue a general fisheries permit allowing a commercial fisher to use a relevant net to take a fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019, section 65(1).(2)In this section—relevant net means a cast net, mesh net, seine net or set pocket net.
Division 2 Authorisations under particular permits
219 Developmental fishing permit
A person who holds a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—(a)assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery, other than a commercial fishery, identified in the permit;(b)buy, use or possess fishing apparatus to carry out the assessment;(c)take, possess and process fish taken for carrying out the assessment;(d)sell the fish.
220 Indigenous fishing permit
An person who holds an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—(a)assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a commercial fishery identified in the permit;(b)buy, use or possess fishing apparatus to carry out the assessment;(c)take, possess and process fish taken for carrying out the assessment;(d)sell the fish.
220A Stocked impoundment permit
A person who holds a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.
220AA Filleting permit
The holder of a filleting permit, or a commercial fisher acting under a filleting permit, may fillet regulated coral reef fin fish stated on the permit but only on board a primary boat identified in the RQ fishery licence held by the permit holder.
Division 3 Conditions under particular permits
220B General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters
(1)This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.(2)It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 10B.
Part 5 Licences, other than licences for commercial fishing
Division 1 Carrier boat licence
221 Restriction on issue of licence for regulated coral reef fin fish
(1)The chief executive must not issue a carrier boat licence allowing the carriage of regulated coral reef fin fish.(2)However, the chief executive may issue a replacement for a licence mentioned in subsection (1) if—(a)the licence was issued before the original notification day; and(b)the holder applying for the replacement has held the licence continuously from the original notification day; and(c)the application is for the replacement of the licence on the same, or substantially the same, conditions.(3)In this section—original notification day means 12 September 2003.Editor’s note—
The repealed Fisheries (Coral Reef Fin Fish) Management Plan 2003 was notified in the gazette on 12 September 2003.
222 [Repealed]
222A Restriction on issue of licence for commercial spanner crab fishery (managed area A)
(1)The chief executive must not issue a carrier boat licence that allows the use of a boat in the fishery area for the commercial spanner crab fishery (managed area A).(2)However, the chief executive may issue a replacement for a licence mentioned in subsection (1).Note—
See chapter 11, part 1A (Commercial spanner crab fishery (managed area A) (‘C2’)), section 600C (Fishery area).
222B Restriction on issue of licence for commercial spanner crab fishery (managed area B)
The chief executive must not issue a carrier boat licence to carry spanner crabs taken in the fishery area for the commercial spanner crab fishery (managed area B) for—(a)a primary boat identified in a commercial fishing boat licence on which the fishery symbol ‘C3’ is written; or(b)a tender boat for a primary boat mentioned in paragraph (a).Note—
See chapter 11, part 1B (Commercial spanner crab fishery (managed area B) (‘C3’)), section 600Z (Fishery area).
223 Authorisation under carrier boat licence
A person who holds a carrier boat licence may under the licence—(a)use the boat identified in the licence to carry fish taken for trade or commerce by—(i)a commercial fisher or assistant fisher; or(ii)someone else who, under this regulation, is authorised to take fish for trade or commerce under another authority; or(b)authorise someone else to use the boat in the way mentioned in paragraph (a).
223A Authorisation under carrier boat licence for regulated coral reef fin fish
It is a condition of a carrier boat licence allowing the carriage of regulated coral reef fin fish that a boat identified in the licence must not be used to carry live regulated coral reef fin fish unless—(a)the boat is also identified in a commercial fishing boat licence; and(b)the fish were taken from any of the following—(i)the boat;(ii)if the boat is a tender boat—the boat’s primary boat;(iii)if the boat is a primary boat—a tender boat of the primary boat.
Division 2 Charter fishing licence
224 Authorisation under charter fishing licence
A person who holds a charter fishing licence may under the licence—(a)conduct charter fishing trips in offshore waters; or(b)authorise someone else to conduct charter fishing trips in offshore waters.
225 Condition of charter fishing licence
It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip unless—(a)the maray or Australian sardines are taken to use as bait for fishing during the trip; and(b)the taking complies with the Fisheries Declaration 2019, chapter 4, part 4.
Part 6 General provisions about authorities for commercial fishing
Division 1 Authorities for sale of fisheries resources
226 Conditions of authority
(1)This section prescribes conditions for an authority that authorises a person to sell fisheries resources.(2)If the authority states the way in which fisheries resources may be sold, a person may sell fisheries resources under the authority only in the stated way.(3)Subsection (4) applies if—(a)a fishery symbol is written on the authority; and(b)a fishery provision about a commercial fishery identified by the fishery symbol states the way in which fisheries resources may be sold.(4)A person may sell fisheries resources under the authority only in the way stated in the fishery provision.(5)This section does not limit another provision of this regulation applying to the sale of fisheries resources by the authority holder or another person acting under the authority.
Division 2 Conditions about boat marks
227 Application of div 2
This division applies to an authority that authorises the use of a boat (an authorised boat) if—(a)the authority states a sequence of letters or numbers for the boat; or(b)the chief executive has given the authority holder a written notice (a boat mark notice) stating a sequence of letters or numbers for the boat.
228 Reference to a boat mark for an authorised boat
A reference to a boat mark for an authorised boat used under an authority is a reference to—(a)if the authorised boat is a primary boat or another boat identified in the authority—the sequence of letters or numbers for the boat stated in the authority or boat mark notice issued for the boat; or(b)if the authorised boat is a tender boat or another boat not identified in the authority—the sequence of letters or numbers for the boat stated in the authority or boat mark notice, followed by—(i)a dash; and(ii)a number, chosen by the authority holder, that is not the same as the number for any other authorised boat of a type mentioned in this paragraph that is used under the authority.
229 Requirements for fixing boat mark on authorised boat
(1)It is a condition of the authority that the authority holder must ensure the boat mark for the authorised boat is fixed to the boat in a way that complies with subsections (2) to (7).(2)The boat mark must be written in black on a yellow background.(3)If the boat has a length of less than 10m—(a)each letter or number in the boat mark must have a height of at least 20cm; and(b)each stroke or serif of the letter or number must have a width of at least 2cm but no more than 2.5cm.(4)If the boat has a length of 10m or more but less than 25m—(a)each letter or number in the boat mark must have a height of at least 30cm; and(b)each stroke or serif of the letter or number must have a width of at least 3.5cm but no more than 4cm.(5)If the boat has a length of 25m or more—(a)each letter or number in the boat mark must have a height of at least 45cm; and(b)each stroke or serif of the letter or number must have a width of at least 6cm but no more than 6.5cm.(6)The boat mark must be—(a)if the authorised boat is a primary boat or another boat identified in the authority—fixed to each side of the boat’s hull; and(b)if the authorised boat is a tender boat or another boat not identified in the authority—fixed to each side of the boat’s hull; and(c)fixed to the following surface in a way that allows the boat mark to be viewed from above—(i)if the boat has a deck or shelter at its front—the deck or shelter or an enclosed cabin or wheelhouse on the deck;(ii)otherwise—a flat surface on the boat.(7)The boat mark must not—(a)be fixed below the water line of the boat; or(b)otherwise be obscured from view; or(c)be removed from the boat’s hull, or replaced with another boat mark on the boat’s hull, during a fishing trip on the boat.
230 Authorised boat must not be used without boat mark
It is also a condition of the authority that a person in control of an authorised boat must not use the boat, or allow it to be used, to take fish for trade or commerce, unless a boat mark for the boat has been fixed to, and remains on, the boat in compliance with section 229.
231 Requirement to remove boat mark
(1)It is a condition of the authority that the holder must remove the boat mark from an authorised boat if—(a)the boat is replaced; or(b)the authority expires; or(c)the authority is surrendered or cancelled.(2)This section applies whether or not the boat mark has been fixed to the boat, or allowed to remain on the boat, in a way that complies with section 229.(3)In this section—holder, of an authority that has expired, or has been surrendered or cancelled, means the person who held the authority immediately before the expiry, surrender or cancellation.
Part 7 Commercial fisher licence
Division 1 Authorisation—general
232 Authorisation—commercial fisher
A person who holds a commercial fisher licence may do any of the following under the licence—(a)buy commercial fishing apparatus;(b)possess commercial fishing apparatus;(c)use commercial fishing apparatus, but only while using a commercial fishing boat under a commercial fishing boat licence on which is written a fishery symbol authorising the use of the apparatus;(d)take fish for trade or commerce, but only while using a commercial fishing boat under a commercial fishing boat licence;(e)possess the fish;(f)sell the fish;(g)process the fish.
233 Authorisation—assistant fisher
(1)Subject to subsections (2) to (4), a person who holds a commercial fisher licence may authorise someone else (an assistant fisher) to do a thing under the licence that the commercial fisher may do under section 232.(2)An assistant fisher may do a thing mentioned in section 232(b) to (d) under a commercial fisher licence only if the assistant fisher is acting under direction of the commercial fisher.(3)An assistant fisher may do a thing mentioned in section 232(e) to (g) under a commercial fisher licence on a boat only if the assistant fisher is acting under direction of the commercial fisher.
(4)An assistant fisher may do a thing mentioned in section 232(a), (b), (e), (f) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions.
Division 2 Authorisation—fishing priority
Subdivision 1 Preliminary
234 Definitions for div 2
In this division—ocean beach fishery flag, for an ocean beach net area, means a flag that—(a)is orange; and(b)has an area of at least 1m2; and(c)has the following written on it—(i)the boat mark for the boat being used to take fish in the ocean beach net area; and(ii)the words ‘fishing priority’.ocean beach net area means an area of an ocean beach fishery that is—(a)identified by 2 ocean beach fishery flags placed—(i)no more than 1km apart; and(ii)along, and as near as possible to, the water’s edge; and(b)within the boundary formed by the following lines—(i)a straight line, at right angles to a straight line between the ocean beach fishery flags, extending from the point that is 500m seaward of 1 of the flags (the first flag) to the point that is 500m landward of the first flag;(ii)another straight line, at right angles to the straight line between the flags, extending from the point that is 500m seaward of the other flag (the second flag) to the point that is 500m landward of the second flag;(iii)a straight line joining the landward ends of the lines mentioned in subparagraphs (i) and (ii);(iv)a straight line joining the seaward ends of the lines mentioned in subparagraphs (i) and (ii).
235 Meaning of ready to fish
A commercial fisher is ready to fish with a net in a fishery area of a commercial fishery if—(a)the fisher has, in the area—(i)a commercial fishing boat that can be used to take fish in the area under a commercial fishing boat licence; and(ii)at least the minimum number of assistant fishers required to take fish in the area; and(b)there is, on the boat, a net authorised to be used to take fish in the area of the fishery.
Subdivision 2 Fishing priorities
236 Fishing priority—ocean beach fisheries
(1)This section applies—(a)to each commercial fisher acting under a commercial fishing boat licence with the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it; and(b)for using a net in an ocean beach net area for which the licence is issued.(2)Each of the fishers is authorised under the commercial fishing boat licence to use a net in the ocean beach net area in the order in which the fishers are ready to fish with the nets in the area.
237 Fishing priority—other commercial fisheries
(1)This section applies—(a)to each commercial fisher acting under a commercial fishing boat licence; and(b)for using a net in a commercial fishery, other than an ocean beach fishery, for which the licence is issued.(2)Each of the fishers is authorised under the commercial fishing boat licence to use a net in the commercial fishery—(a)in an area around the fisher’s boat within a radius equal to the length of a net the fisher is authorised to use in the fishery; and(b)in the order in which the fishers are ready to fish with the nets in the area.
238 Duration of fishing priority
An authorisation for a commercial fisher to use nets in an area of a commercial fishery under section 236 or 237 continues—(a)for no more than 6 hours from when the fisher is ready to fish with a net in the area; and(b)only while the fisher is ready to fish with a net in the area.
239 Joint fishers taken to be 1 fisher
If 2 or more commercial fishers mentioned in section 236 or 237 jointly use nets, they are taken to be 1 commercial fisher.
Subdivision 3 Offences relating to fishing priorities
240 Interfering with ocean beach fishery flag
(1)This section applies if a commercial fisher or an assistant fisher acting under a commercial fishing boat licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 234, definition ocean beach net area, paragraph (a).(2)A person, other than the commercial fisher or assistant fisher, must not remove, or otherwise interfere with, the ocean beach fishery flag.Maximum penalty—20 penalty units.
241 Obstructing exercise of a fishing priority
A person must not obstruct a commercial fisher in exercising a fishing priority under this division, unless the person has a reasonable excuse.Maximum penalty—20 penalty units.
Division 3 Conditions
242 General conditions of a commercial fisher licence
(1)This section prescribes general conditions to which a commercial fisher licence is subject.Note—
Chapter 10, part 3 (Conditions for SM units) also prescribes conditions for a commercial fisher licence if the holder is acting under SM units held by another person.(2)Subsection (3) applies to a commercial fisher using a commercial fishing boat under a commercial fishing boat licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T4’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written.(3)The commercial fisher must not act, or direct an assistant fisher to act, in the same commercial fishery under more than 1 commercial fishing boat licence at the same time.(4)Subsection (5) applies to a commercial fisher operating under a commercial fishing boat licence in a commercial fishery, other than a commercial fisher to which subsections (2) and (3) apply.(5)The commercial fisher must not act in the commercial fishery under—(a)if the commercial fisher is directing an assistant fisher acting under a commercial fishing boat licence in the commercial fishery at the same time as the commercial fisher—more than 2 commercial fishing boat licences at the same time; or(b)otherwise—more than 1 commercial fishing boat licence at the same time.
Division 4 Other matters
243 Commercial fisher licence not transferable
A commercial fisher licence is not transferable.
Part 8 Commercial fishing boat licence
Division 1 Issue
244 Restriction on issue of commercial fishing boat licences
The chief executive may issue a commercial fishing boat licence that identifies a primary boat only if the boat is not already identified in a commercial fishing boat licence.
245 Requirement to decide number of tender boats for commercial fishing boat licences
(1)This section applies if the chief executive decides to issue a commercial fishing boat licence.(2)Before issuing the licence, the chief executive must decide the number (the authorised number) of tender boats that are, for section 246, authorised for use under each fishery symbol to be written on the licence.(3)Without limiting subsection (2), the chief executive may decide that—(a)no tender boats are authorised; or(b)an unlimited number of tender boats are authorised.(4)Despite subsections (2) and (3), if the fishery symbol ‘L2’ or ‘L3’ is to be written on a commercial fishing boat licence, the authorised number of tender boats can not be more than the following—(a)under the fishery symbol ‘L2’—4;(b)under the fishery symbol ‘L3’—1.(5)If the chief executive decides that no tender boats or a particular number of tender boats are to be authorised for use under a fishery symbol to be written on a licence, the licence must state the authorised number of tender boats, in brackets, immediately after the fishery symbol.(6)If the chief executive decides that an unlimited number of tender boats are to be authorised for use under a fishery symbol to be written on a licence, the licence can not have any brackets or numbers in brackets written immediately after the fishery symbol.(7)The chief executive must give the licence holder an information notice about a decision under subsection (2).
Division 2 Authorisation
246 Authorisation under a commercial fishing boat licence
(1)A person who holds a commercial fishing boat licence may do any of the following under the licence—(a)allow the primary commercial fishing boat identified in the licence to be used to take fish for trade or commerce in a commercial fishery identified in the licence;(b)for any single commercial fishery identified in the licence, allow to be used, at the same time, to take fish for trade or commerce, no more than the authorised number of tender boats under the fishery symbol for the fishery;(c)allow a tender boat mentioned in paragraph (b) to be used as if it were the primary boat if—(i)the primary boat is not also being used to take fish for trade or commerce; and(ii)the licence is kept on the tender boat while it is being used as the primary boat;(d)allow a boat mentioned in this subsection to be used to carry fish taken under this subsection if the fish have been lawfully taken in a commercial fishery;(e)sell fish taken under this subsection;(f)process fish taken under this subsection;(g)buy, sell or possess commercial fishing apparatus;(h)authorise someone else to do any thing the licence holder may do under paragraphs (a) to (g).(2)For subsection (1)(a) and (b), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.(3)For subsection (1)(c), the primary boat is not being used to take fish for trade or commerce only because there is fishing apparatus or fish on the boat.(4)While a tender boat is being used under subsection (1)(c), the provisions of this regulation apply to the boat as if it were a primary boat.
Division 3 Conditions
247 General conditions of a commercial fishing boat licence
(1)This section prescribes general conditions to which a commercial fishing boat licence is subject.Note—
If a fishery symbol for a commercial fishery is written on a commercial fishing boat licence, the licence is also subject to the applicable conditions stated in chapters 7 to 11 for licences on which the symbol is written.(2)Only a commercial fisher or an assistant fisher under direction of the commercial fisher may use the primary boat identified in the licence or a tender boat authorised for use under the licence.(3)The primary boat may be used in a commercial fishery, other than the ‘N11’ fishery, only if the fishery symbol for the fishery is written on the licence.(4)The primary boat and any of its tender boats may be used in the ‘N11’ fishery to take ‘N11’ fish without the ‘N11’ fishery symbol being written on the licence if the boat and the taking of the fish complies with chapter 9, part 5.(5)However, if the primary boat or any of its tender boats is used under subsection (4), the ‘N11’ fish may be sold only if the ‘N11’ fishery symbol is written on the licence.(6)A tender boat may be used in a commercial fishery only if—(a)its length is no more than 7m; and(b)its primary boat—(i)may be used in the fishery; and(ii)is not being used in another commercial fishery, other than the crab fishery.(7)In this section—‘N11’ fish means fish that may, under section 529, be taken in the ‘N11’ fishery.‘N11’ fishery means the fishery described in chapter 9, part 5.
Part 9 Commercial harvest fishery licence
248 Authorisation under a commercial harvest fishery licence
(1)A person who holds a commercial harvest fishery licence may do any of the following under the licence—(a)buy or possess commercial fishing apparatus;(b)use commercial fishing apparatus for fishing only in the commercial fisheries identified in the licence;(c)take fish for trade or commerce in the commercial fisheries identified in the licence;(d)use a boat to take the fish and to carry the fish;(e)possess the fish;(f)sell the fish;(g)process the fish;(h)authorise the following persons to do any thing the licence holder may do under paragraphs (a) to (f)—(i)a nominated person;(ii)another person authorised to do the thing under a fishery provision.(2)For subsection (1)(b) and (c), a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence.(3)In this section—nominated person means—(a)generally—a person who, under chapter 7, has been nominated by the licence holder; or(b)if the licence is an eel licence, the licence holder’s approved nominee under section 310F.
Chapter 6 General provisions about fishery symbols
Part 1 Preliminary
249 Simplified outline of ch 6
In outline, this chapter provides for particular fishery symbols written on licences and related matters as follows—(a)part 3 provides for writing fishery symbols on licences and related matters;(b)part 4 provides for moving fishery symbols between licences;(c)part 5 provides for authorisations applying generally to licences on which fishery symbols are written;(d)part 6 provides for conditions applying generally to licences on which fishery symbols are written.
Part 2 [Repealed]
250 [Repealed]
Part 3 Writing fishery symbols
Division 1 General provisions
251 Writing fishery symbols on commercial fishing boat or harvest fishery licence
(1)The chief executive can not write a fishery symbol on an authority other than a commercial fishing boat licence or commercial harvest fishery licence.(2)Subject to the other provisions of this part, the chief executive may—(a)write any fishery symbol for a commercial fishery on a commercial fishing boat licence; or(b)write on a commercial harvest fishery licence any fishery symbol for a commercial fishery under chapter 7.
252 Restriction on writing multiple fishery symbols
The chief executive can not write the same fishery symbol, other than the fishery symbol ‘C1’,‘C3’, ‘N3’ or ‘T4’, more than once on a licence.
Division 2 Particular fishery symbols
252A Restriction on writing fishery symbol ‘E’
The chief executive may write the fishery symbol ‘E’ on a commercial harvest fishery licence only if the licence is a replacement of a commercial harvest fishery licence on which the symbol was written.
253 Restrictions on writing fishery symbol ‘SM’
The chief executive may write the fishery symbol ‘SM’ on a commercial fishing boat licence only if—(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
253A Restrictions on writing fishery symbol ‘C2’
The chief executive may write the fishery symbol ‘C2’ on a commercial fishing boat licence only if—(a)the chief executive—(i)has approved an application to transfer ITQ units to the licence holder; and(ii)transfers the ITQ units to the licence holder when the chief executive writes the symbol on the licence; or(b)the chief executive has approved a fishery symbol movement application and under the application the symbol is to be written on the licence; or(c)the licence is a replacement of a ‘C2’ fishery licence.
253B Restrictions on writing fishery symbol ‘C3’
The chief executive may write the fishery symbol ‘C3’ on a commercial fishing boat licence only if—(a)the chief executive has approved a fishery symbol movement application and under the application the symbol is to be written on the licence; or(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
253BA Restrictions on writing fishery symbol ‘N3’
(1)The chief executive may write the fishery symbol ‘N3’ on a commercial fishing boat licence only if—(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.(2)However, the chief executive can not write the fishery symbol on a licence on which is written the fishery symbol ‘N12’ or ‘N13’.
253BB [Repealed]
253BC Restrictions on writing fishery symbol ‘N12’
(1)The chief executive can not write the fishery symbol ‘N12’ on a commercial fishing boat licence other than under this section.(2)The chief executive may write the fishery symbol ‘N12’ on a commercial fishing boat licence if—(a)the chief executive has approved a fishery symbol movement application and, under the application, the fishery symbol is to be written on the licence; or(b)the licence is a replacement of a commercial fishing boat licence on which the fishery symbol was written.(3)Despite subsection (2), the chief executive can not write the fishery symbol ‘N12’ on—(a)a licence on which is written the fishery symbol ‘N3’ or ‘N13’; or(b)more than 3 commercial fishing boat licences.
253BD Restrictions on writing fishery symbol ‘N13’
(1)The chief executive can not write the fishery symbol ‘N13’ on a commercial fishing boat licence other than under this section.(2)The chief executive may write the fishery symbol ‘N13’ on a commercial fishing boat licence if, before the fishery symbol is written—(a)the holder of the licence also held a developmental fishing permit (the relevant permit) that included a Gulf set mesh net authorisation; and(b)the chief executive has—(i)at the request of the holder of the relevant permit, amended the relevant permit by removing the Gulf set mesh net authorisation; and(ii)at the request of the holder of each other developmental fishing permit that included a Gulf set mesh net authorisation, amended each permit by removing the Gulf set mesh net authorisation; and(c)the fishery symbol ‘N12’ has been written on 3 commercial fishing boat licences.(3)The chief executive may also write the fishery symbol ‘N13’ on a commercial fishing boat licence if—(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.(4)Despite subsections (2) and (3), the chief executive can not write the fishery symbol ‘N13’ on—(a)a licence on which is written the fishery symbol ‘N3’ or ‘N12’; or(b)more than 2 commercial fishing boat licences.(5)In this section—Gulf set mesh net authorisation, for a developmental fishing permit, means an authorisation under the permit for the use of a set mesh net in the Gulf of Carpentaria waters.
253BE Restrictions on writing fishery symbol ‘RQ’
The chief executive may write the fishery symbol ‘RQ’ on a commercial fishing boat licence only if—(a)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence; or(b)the licence is a replacement of a commercial fishing boat licence on which the symbol was written.
253BF Restrictions on writing east coast trawl fishery symbols
(1)The chief executive may write an east coast trawl fishery symbol on a commercial fishing boat licence only if—(a)the licence is a replacement licence; or(b)the chief executive has approved a fishery symbol movement application and, under the application, the symbol is to be written on the licence.(2)However, the chief executive must not approve an application to amend an authority to write an east coast trawl fishery symbol on the authority if the result of the amendment would be—(a)an ‘M2’ fishery symbol is written on a licence that has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on the licence; or(b)a ‘T2’ fishery symbol is written on a licence that has an ‘M1’ or ‘T1’ fishery symbol written on the licence; or(c)an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.(3)Also, the chief executive must not approve an application to amend an authority to remove an east coast trawl fishery symbol on the authority if the result of the amendment would be an ‘M1’ fishery symbol is written on a licence that does not have a ‘T1’ fishery symbol written on the licence.(4)Further, the chief executive must not—(a)write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat for which—(i)the hull units are more than 70; or(ii)the main engine is more than 300 maximum continuous brake kW; or(b)write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat if—(i)the boat is longer than 14m; or(ii)the boat’s main engine is more than 300 maximum continuous brake kW.
(5)In addition, for subsection (1)(b), the chief executive must not write an ‘M2’ fishery symbol on a licence that would allow the use of a boat for which the hull units are more than the hull units for a boat that can be used under the licence from which the fishery symbol is being moved.(6)Subsection (5) does not apply if the licence holder surrenders another ‘M2’ licence.(7)In this section—replacement licence means—(a)a replacement licence issued under section 71 of the Act to replace a licence that has been lost, damaged or destroyed; or(b)a licence for a boat to replace another boat licensed to operate in the east coast trawl fishery.
Division 3 Fishery symbols on licences for use of boats of particular lengths
253C Definition for div 3
In this division—relevant fishery provision see section 254(1).
254 Restriction on writing fishery symbols on licences allowing the use of boats of particular lengths in commercial fisheries
(1)The chief executive may write a fishery symbol on a licence allowing the use of a boat in a commercial fishery only if the boat is no longer than the length permitted under a fishery provision (the relevant fishery provision) about the fishery.Note—
See however section 720.(2)This section is subject to section 254B.
254A [Repealed]
254B Exception for particular fishery symbol movement applications
(1)The chief executive may write a fishery symbol on a licence (the second licence) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the relevant fishery provision if—(a)a person has applied, under section 256, to move the fishery symbol from another licence (the first licence) to the second licence; and(b)the boat to be used under the second licence is no longer than the lesser of the following—(i)20m;(ii)the length of a boat that is allowed to be used under the first licence.(2)This section does not apply to writing the fishery symbols ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ on a licence.
Part 4 Moving fishery symbols
255 Definitions for pt 4
In this part—administrative conditions, of the first licence or second licence, means the conditions of the licence imposed by the chief executive under section 61 of the Act.first licence see section 256(1)(a).second licence see section 256(1)(b).
256 Application to move fishery symbol to another licence
(1)This section applies if—(a)a fishery symbol is written on a commercial fishing boat licence or commercial harvest fishery licence (either of which is the first licence); and(b)the fishery symbol may, under this chapter, be written on another licence (the second licence).(2)The holder of the first licence and the holder of the second licence may apply to the chief executive to move the fishery symbol and the authorised number of tender boats for use under the symbol from the first licence to the second licence.(3)The application must—(a)be in the approved form; and(b)be accompanied by—(i)the fee prescribed under schedule 9; and(ii)the written approval of each person, other than the holder of the first licence, who has a registered interest in the first licence.(4)The application may be made even if the same person holds the first licence and second licence.(5)However, the application can not be made by a person who holds the licence because of a temporary transfer.
257 Deciding application
The chief executive may—(a)approve the application, with or without conditions; or(b)refuse the application.
258 Amendments required if application approved
(1)This section applies if the chief executive—(a)approves the application without conditions; or(b)approves the application with conditions and the applicants agree in writing to the conditions within 28 days after the approval.(2)The chief executive must amend the first licence and second licence by—(a)removing from the first licence—(i)the fishery symbol; and(ii)the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and(b)writing on the second licence—(i)the fishery symbol; and(ii)the authorised tender boat number for the fishery symbol, in the way required under section 245; and(c)if the first licence or second licence contains administrative conditions—amending the conditions in a way the chief executive considers is consistent with the amendments under paragraphs (a) and (b).(3)In this section—authorised tender boat number for a fishery symbol means the number of tender boats, other than an unlimited number, that is authorised for use under the fishery symbol under section 245.
259 Information notice about refusal of conditions
(1)This section applies if the chief executive decides to—(a)refuse the application; or(b)approve the application with conditions and the applicants have not agreed in writing to the conditions within 28 days after the approval; or(c)amend the administrative conditions of the first licence or second licence and the applicants have not agreed in writing to the amendment within 28 days after the amendment.(2)The chief executive must give the applicants an information notice about the decision.
Part 5 General provisions about authorisations under licences with fishery symbols
260 Authorisation under licences on which fishery symbols are written
A person acting under a licence on which is written a fishery symbol may do a thing under the licence that is permitted to be done under the licence under—(a)this part or part 6; or(b)chapters 7 to 11.
261 Fishery symbol does not authorise taking fish in particular Joint Authority fisheries
(1)This section applies to a person who is—(a)in a Joint Authority fishery managed under Queensland law; and(b)acting under a licence.(2)Neither this chapter nor chapters 7 to 11 authorises the person to take fish to which the Joint Authority fishery applies under the licence unless—(a)the Joint Authority endorses the licence to extend its operation to activities over which the Joint Authority has powers under the Act; and(b)taking the fish is an activity over which the Joint Authority has powers under the Act.
261A Restriction on amending a licence to reflect boat modification or replacement
(1)This section does not apply to amending or replacing an ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ licence.(2)The chief executive may amend a licence on which is written a fishery symbol for a commercial fishery to include the details for a new or modified boat (the replacement boat) longer than the length permitted under a fishery provision about the fishery if—(a)for a licence on which the fishery symbol ‘T4’, ‘N12’ or ‘N13’ is written—the replacement boat is no longer than 25m; or(b)for a licence on which another fishery symbol is written—(i)the replacement boat is no longer than the lesser of the following—(A)the length of the boat currently mentioned in the licence;(B)20m; or(ii)the application to write the fishery symbol on the licence is accompanied by—(A)the surrender of another authority held by the licence holder; or(B)a request to amend another authority held by the licence holder that the chief executive is satisfied is consistent with the purposes of the Act.
Part 6 Conditions applying generally to licences with fishery symbols
262 Application of pt 6
This part applies to a person (the authorised person) acting under a licence on which a fishery symbol is written.
263 Taking fish in a fishery area of a commercial fishery
(1)It is a condition of the licence that the authorised person may take fish only in a fishery area of the commercial fishery (the relevant fishery) identified by the fishery symbol.(2)Subsection (1) is subject to—(a)sections 264 to 270; and(b)the fishery provisions about the relevant fishery.
264 Taking fish in an area stated on a licence
(1)This section applies if—(a)a fishery provision about the relevant fishery states that fish may only be taken in an area stated on the licence; and(b)an area for taking fish is stated on the licence.(2)The authorised person may take fish only in the stated area.
265 Taking particular fish
If a fishery provision about the relevant fishery states that only particular fish may be taken in the fishery the authorised person must not take fish other than the stated fish in the fishery.
266 Using fishing apparatus
(1)If a fishery provision about the relevant fishery states that only particular fishing apparatus may be used for taking fish in the fishery, the authorised person must not take fish in the fishery unless the person uses the stated fishing apparatus.(2)If a fishery provision about the relevant fishery states the way in which fishing apparatus must be used for taking fish in the fishery, the authorised person must not take fish in the fishery unless the person uses the apparatus in the stated way.(3)If a fishery provision about the relevant fishery states the number of items of fishing apparatus of a particular type that may be used for taking fish in the fishery, the authorised person must not use more than the stated number of items of fishing apparatus of that type for taking fish in the fishery.(4)If no fishery provision about the relevant fishery states the number of items of a particular type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type of fishing apparatus may be used at the same time for taking fish in the fishery.(5)Subsection (4) applies even if more than 1 person is acting under the licence.Example for subsection (4)—
In the net fishery (east coast no.1), a net that is neither fixed nor hauled may be used in offshore waters and a general purpose mesh net may be used in nearshore waters. The number of the nets is not stated, so (if all other relevant licence conditions are satisfied), a person acting under the licence is authorised, at any one time, to use either, 1 net that is neither fixed nor hauled in the offshore waters, or 1 general purpose mesh net in the nearshore waters. The person, however, can not use both of the nets at the same time or more than 1 of each of the nets.
267 Taking fish in a particular way
If a fishery provision about the relevant fishery states that fish may only be taken in the fishery in a particular way, the authorised person may take fish in the fishery only in the stated way.
268 Taking fish during a fishery period
(1)This section applies if a fishery provision about the relevant fishery states a period (a fishery period) during which particular fish may be taken or particular fishing apparatus may be used in the fishery.(2)The authorised person may take the fish or use the apparatus in the fishery only if the person takes the fish or uses the apparatus in the fishery period.
269 Activities prohibited or restricted in particular areas within fishery areas
If a fishery provision about the relevant fishery prohibits or restricts an activity in a particular area within a fishery area the activity is prohibited or restricted in the particular area in the way stated in the fishery provision.
270 Conditions of licence may apply in more than 1 way
A condition under this part or chapters 7 to 11 may apply to a licence in more than 1 way.Example—
A fishery provision about a commercial fishery identified by a fishery symbol may provide for taking fish in a particular area within a fishery area using only a particular type of fishing apparatus or only in a particular way.
271 Conditions of licences on which more than 1 fishery symbol is written
(1)If a commercial fishing boat licence or commercial harvest fishery licence has more than 1 fishery symbol written on it, a person acting under the licence must not take fish in more than 1 commercial fishery at the same time.(2)Despite subsection (1), if 1 of the fishery symbols is ‘C1’, ‘C2’ or ‘C3’, the person may take crabs in the fishery identified by the fishery symbol and fish in 1 other commercial fishery at the same time.(3)Also, despite subsection (1), the person may take the following fish at the same time—(a)spanish mackerel under the fishery symbol ‘SM’;(b)regulated coral reef fin fish under the fishery symbol ‘RQ’;(c)fin fish other than spanish mackerel or regulated coral reef fin fish, under the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’;(d)shark under the fishery symbol ‘S’.(4)Also, despite subsection (1), the person may take the following fish at the same time—(a)fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘K9’;(b)shark under the fishery symbol ‘S’.
271A Condition of licence if fishery symbol identifies more than 1 fishery
(1)This section applies to a commercial fishing boat licence if more than 1 commercial fishery is identified by a fishery symbol on the licence.(2)A person acting under the licence must not take fish or use fishing apparatus in more than 1 of the fisheries at the same time.Example—
The fishery symbol ‘N4’ is written on a licence authorising use of a net in offshore waters in the net fishery (east coast no. 3) and use of a net in nearshore waters in the net fishery (east coast no. 1). A person acting under the licence must not use the nets in the fisheries at the same time.
Chapter 7 Commercial harvest fisheries
Part 1 Aquarium fish fishery (‘A1’, ‘A2’)
Division 1 Definition
272 What is the aquarium fish fishery
The aquarium fish fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)taking the fish mentioned in section 275 in the fishery area mentioned in section 274;(b)selling the fish.
Division 2 Fishery symbols and area
273 Fishery symbols
The fishery symbols for the fishery are ‘A1’ and ‘A2’.
274 Fishery area
(1)The fishery area consists of the area of the following waters—(a)tidal waters within the Moreton Bay Marine Park;(b)tidal waters north of Cape Moreton and south of latitude 26º18' south, other than waters within the Moreton Bay Marine Park;(c)tidal waters west of longitude 151º08' east and between latitude 23º15' south and latitude 23º south;(d)tidal waters within the area described as area 1 in the Whitsundays Plan of Management, schedule 1;(e)tidal waters within the following boundary—•from the intersection of latitude 17º08' south with the mainland shore to latitude 17º08' south, longitude 146º12' east•to latitude 16º51' south, longitude 146º28' east•to latitude 15º55' south, longitude 145º51' east•along latitude 15º55' south to the mainland shore•along the mainland shore to latitude 17º08' south;(f)tidal waters south of latitude 10º41' south and east of longitude 142º31'49" east, other than the waters mentioned in paragraphs (a) to (e).(2)In this section—Moreton Bay Marine Park means the marine park mentioned and described in the Marine Parks (Declaration) Regulation 2006, schedule 1.Whitsundays Plan of Management means the Whitsundays Plan of Management 1998 prepared under the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 39ZD.Editor’s note—
On the notification day the Whitsundays Plan of Management 1998 could be accessed on the internet at 3 Conditions about taking fish in fishery—general
275 What fish may be taken
(1)Fish other than the following fish may be taken under the licence—(a)barramundi;(b)sea cucumber;(c)shell grit;(d)star sand;(e)any species of coral, oyster, pearl oyster or trochus.(2)In this section—sea cucumber does not include fish of the following species—(a)Bohadschia graeffei;(b)Calachrius crassus;(c)Cucmaria miniata;(d)Euapta godeffroyi;(e)Holothuria edulis;(f)Holothuria hilla;(g)Opheodesoma spp.;(h)Pentacta anceps;(i)Pentacta lutea;(j)Pseudocolchirus violaceus;(k)Stichopus noctivagus;(l)Synapta maculata.
276 Where fish may be taken
Fish may be taken from—(a)the waters mentioned in section 274(1)(f); and(b)the waters mentioned in section 274(1)(a) to (e), if the waters are stated on the licence.
277 Other conditions about taking fish
(1)No more than 3 persons may take fish at the same time.(2)Only the boat identified in a licence and 1 other boat may be used to take fish in the same location.(3)Fish must not be taken for human consumption.(4)Fish may only be taken—(a)by hand; or(b)using underwater breathing apparatus or a herding device, including, for example, a rod; or(c)using fishing lines or cast, scoop or mesh nets under this division.
278 Use of fishing lines
A fishing line may be used for taking fish under the licence only if it is has a single barbless hook.
279 Use of cast nets
A cast net may be used for taking fish under the licence only if the net—(a)is no longer than 3.7m; and(b)has a mesh size of no more than 28mm.
280 Use of scoop nets
A scoop net may be used for taking fish under the licence only if the net—(a)is no more than 2m in any dimension; and(b)has—(i)a mesh size of no more than 25mm; and(ii)a handle or shaft no longer than 2.5m.
281 Use of mesh nets
(1)A mesh net may be used for taking fish under the licence only if the net—(a)is no longer than 16m; and(b)has—(i)a mesh size of no more than 28mm; and(ii)a drop of no more than 3m.(2)A person using the net under the licence must be within 100m of it.
282 Selling fish
Fish may be sold under the licence only if the fish are to be used for—(a)display as aquarium fish; or(b)broodstock; or(c)a purpose related to a purpose mentioned in paragraph (a) or (b).
Division 4 Additional authorisations and conditions for licences with fishery symbol ‘A1’
283 Application of div 4
This division applies to a licence on which is written the fishery symbol ‘A1’.
284 Nominees for taking or selling fish
(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—(a)take fish under the licence;(b)sell fish under the licence.(2)The licence holder must give written notice to the chief executive of the nomination of each nominee under subsection (1).
285 Who may take fish
Subject to section 277(1), fish may be taken only by—(a)the licence holder; or(b)a nominee of the licence holder under section 284(1)(a); or(c)another person in the presence of the licence holder or nominee.
286 Selling fish
Fish taken under the licence may be sold under the licence by—(a)the licence holder; or(b)a nominee of the licence holder under section 284(1)(b).
Division 5 Additional authorisations and conditions for licences with fishery symbol ‘A2’
287 Application of div 5
This division applies to a licence on which is written the fishery symbol ‘A2’.
288 Who may take fish
(1)Subject to section 277(1), fish may be taken only by—(a)the licence holder; or(b)another person in the presence of the licence holder.(2)A person taking fish must not take or possess—(a)more than 10 fish; or(b)more than 2 fish of the same species.
289 [Repealed]
Part 2 Sea cucumber fishery (east coast) (‘B1’)
290 What is the sea cucumber fishery
The sea cucumber fishery is the following activities by way of fishing carried out under the authorisations and conditions stated in this part—
(a)taking sea cucumber in the fishery area mentioned in section 292;(b)selling sea cucumber.
291 Fishery symbol
The fishery symbol for the fishery is ‘B1’.
292 Fishery area
The fishery area consists of the area of all tidal waters east of longitude 142º31'49" east between latitude 10º41' south and latitude 26º south.
293 What fish may be taken
Only sea cucumber may be taken under the licence.
294 Nominees for taking or selling sea cucumber
(1)The licence holder may nominate a total of no more than 3 persons (nominees) to do either or both of the following—(a)take sea cucumber under the licence;(b)sell sea cucumber taken under the licence.(2)The licence holder must give written notice to the chief executive of the nomination of each nominee.
295 Who may take sea cucumber
Subject to section 297(1), sea cucumber may be taken only by—(a)the licence holder; or(b)a nominee of the licence holder under section 294(1)(a); or
fishing line see section 2A of this schedule.
Fitzroy River mouth area see schedule 10E, section 10.
fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.
Flat Rock (grey nurse shark protection area—western zone) ...
former Authority means—
(a)the former Queensland Fisheries Management Authority under the Act; or
(b)the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982.
free-floating line means a line—
(a)with or without a float; and
(b)to which is attached a hook; and
(c)that is not fixed.
freshwater basins map means the map of that name held by the chief executive.
Note—
The freshwater basins map is available for inspection during office hours on business days at the department’s head office.
freshwater fish means a fish that at any stage of its life cycle is found in waters that are not tidal.
Freshwater Plan ...
front opening, of a net, means the opening through which fish enter the net.
full supply level, for an impoundment, means the level of the water surface when the impoundment is holding as much water as it can hold while not affected by flood.
funnel trap means a mesh trap consisting of a rigid frame with funnel-shaped entrances or a similar device.
G ...
general fisheries permit see section 204(1)(e).
general purpose mesh net means a mesh net of a type mentioned in a fishery provision under chapter 9, part 2 and used in the way stated in the provision.
gill net ...
Great Sandy Strait area see schedule 10E, section 11.
ground chain means a chain attached at 1 or more points to the bottom rope of an otter trawl net so that the chain is suspended below the bottom rope when the net is in use.
guidelines ...
Gulf ‘N11’ area see section 528(b).
Gulf of Carpentaria waters means the regulated waters of that name mentioned in the Fisheries Declaration 2019, schedule 1.
Gulf Plan ...
hand pump means a hand-operated pump used for taking bait.
haul, a net, means to gather or retrieve the net or a part of the net, without the use of a boat, for taking fish.
haul seine net ...
Hervey Bay area see schedule 10E, section 12.
hook includes—
(a)a hook with more than 1 prong, including, for example, fishing apparatus known as a treble hook; and
(b)a device consisting of more than 1 hook attached to a fishing line at a single point, including, for example, a fishing apparatus known as a gang hook.
hull units, for a boat, see section 13 of this schedule.
IDAS ...
identified by, in the context of a commercial fishery identified by a fishery symbol, see section 1 of this schedule.
indigenous fishing permit means an indigenous fishing permit issued under chapter 5.
information notice ...
in front of, in relation to a part of a net or a thing used with a net, means towards the front opening of the net.
inlet means an inlet that includes the word ‘inlet’ in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.
interdorsal length ...
inverted dilly ...
ITQ means individual transferable quota.
ITQ unit means an ITQ unit continued under section 746(2).
ITQ unit certificate means—
(a)an ITQ unit certificate continued under section 747(2); or
(b)if the certificate is replaced under section 71 of the Act, or changed or replaced under section 600V(2), the certificate as replaced or changed.
ITQ unit holder means a holder of an ITQ unit.
ITQ year means a period of 1 year starting on 1 June in a year and ending on 31 May in the next year.
juvenile eel means an elver or a glass eel.
Keppel Bay area see schedule 10E, section 13.
Laguna Bay area see schedule 10E, section 14.
land, a boat, includes—
(a)landing a person or thing that is on the boat; and
(b)moving a person or thing that is on land to the boat.
landing period—
(a)for chapter 10, part 3, see section 569(e)(i); or
(b)for chapter 10A, part 3, see section 591ZA(e)(i); or
(c)for chapter 11, part 3, division 6, see section 614ZA(e)(i).
landing place—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591ZA(c); or
(c)for chapter 11, part 3, division 6, see section 614ZA(c); or
(c)for chapter 13, part 1B, division 3, see section 625J.
leading edge, in relation to a part of a net or a thing used with a net, means the edge nearest to the front opening of the net.
length—
(a)of a commercial fishing boat—see section 3 of this schedule; or
(b)of a net—see section 4 of this schedule.
level of assessment ...
licence holder ...
line fishery area—
(a)for chapter 10, part 1, see section 546; or
(b)for chapter 10A, part 1, see section 591D.
line fishery symbol—
(a)for chapter 10, part 1, see section 546; or
(b)for chapter 10A, part 1, see section 591A.
line unit, for chapter 10A, means a CT line unit, OS line unit or RTE line unit.
line unit certificate means—
(a)a line unit certificate continued under section 757; or
(b)if the certificate is replaced under section 71 of the Act, or changed or replaced under section 591ZP(2), the certificate as replaced or changed.
line year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.
listed impoundment ...
Llewellyn Bay area see schedule 10E, section 15.
Logan River area see schedule 10E, section 16.
lure means an artificial bait with 1 or more hooks attached to it.
‘M1’ and ‘M2’ area see schedule 10E, section 17.
‘M1’ licence means a commercial fishing boat licence with an ‘M1’ fishery symbol written on it.
‘M2’ licence means a commercial fishing boat licence with an ‘M2’ fishery symbol written on it.
malfunction, for chapter 13, part 1B, see section 80(6) of the Act.
management A area means an area within a declared fish habitat area identified by the words ‘management A’ on the fish habitat area plan mentioned in schedule 3 for the declared fish habitat area.
management B area means an area within a declared fish habitat area identified by the words ‘management B’ on the fish habitat area plan mentioned in schedule 3 for the declared fish habitat area.
manually reported, for a boat, means notice about a boat’s position and operation given under section 625N.
maximum continuous brake kW see section 16 of this schedule.
mesh net means a net suspended vertically through a water column that can be used, for example, as a general purpose mesh net, ring net, seine net, set mesh net or net that is neither fixed nor hauled, but does not include a net that is hauled by use of a boat for taking fish.
mesh size, of a net, see section 6 of this schedule.
minor impact works code ...
monofilament ...
Moreton Bay (trawling) see schedule 10E, section 18.
Moreton Bay (whole) waters means the regulated waters of that name mentioned in the Fisheries Declaration 2019, schedule 1.
N ...
national park land means land that is dedicated under the Nature Conservation Act 1992 as a national park, national park (scientific), national park (Aboriginal land), national park (Torres Strait Islander land), national park (Cape York Peninsula Aboriginal land), conservation park or resources reserve.
nearshore waters see section 4A of this schedule.
net that is neither fixed nor hauled means a mesh net that, while it is being used for taking fish, is—
(a)allowed to move freely in the water; and
(b)is not fixed to a place or otherwise restricted in its movement by the person using the net.
n mile means nautical mile.
northern area see schedule 10E, section 19.
notification day means the day this regulation was notified in the gazette.
ocean beach fishery means a commercial fishery mentioned in chapter 9, part 1.
ocean beach fishery flag see section 234.
ocean beach net area see section 234.
offset assessment fee ...
offshore provision ...
offshore waters see section 6A of this schedule.
original ocean beach fishery area means a fishery area mentioned in section 437, 440, 443, 446, 449, 452, 455 or 458.
OS line unit means an OS line unit continued under section 756(3).
other Queensland regulated ship means an other Queensland regulated ship under the Transport Operations (Marine Safety) Act 1994.
otter trawl net means a net with its mouth kept open by otter boards and the force of water.
permitted fish—
(a)for chapter 7A, see section 392AC; or
(b)for chapter 11, part 3, see section 612.
Planning Regulation ...
power assisted device means an electrical or mechanical device for setting or retrieving fishing apparatus.
prescribed barramundi waterway ...
prescribed commercial catch means—
(a)for a species of fish other than black jewfish—the total weight of fish of the species taken by all commercial fishers that is—(i)calculated periodically by the chief executive from the end of the previous 30 June to the day the calculation is made; and(ii)published by the chief executive in a form that is likely to be accessible for commercial fishers; orExamples of a form of publication for subparagraph (ii)—
a recorded message on the AIVR system or a notice published on the department’s website
(b)for black jewfish—the total weight of fish of the species taken by all commercial fishers that is—(i)calculated periodically by the chief executive from the end of the previous 31 December to the day the calculation is made; and(ii)published by the chief executive in a form that is likely to be accessible for commercial fishers.Examples of a form of publication for subparagraph (ii)—
a recorded message on the AIVR system or a notice published on the department’s website
prescribed coral reef fin fish, for a line unit, means—
(a)for a CT line unit—regulated coral trout; or
(b)for a RTE line unit—redthroat emperor; or
(c)for an OS line unit—other regulated coral reef fin fish.
prescribed development purpose, for a declared fish habitat area, see section 214.
prescribed jobfish ...
prescribed numerical code—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591W; or
(c)for chapter 11, part 3, division 6, see section 614W.
prescribed person—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591W; or
(c)for chapter 11, part 3, division 6, see section 614W.
prescribed reason, for chapter 10, part 3, see section 565.
prescribed reference document see section 6(3).
prescribed stocked impoundment see section 6B of this schedule.
prescribed way ...
prescribed whiting, for chapter 11, part 3, see section 609A.
primary boat see section 7 of this schedule.
primary boat mark, for a net, means the boat mark written on the primary boat under which the net is being used.
principal bug see section 392AC(a)(iii).
principal fish see section 392AC(a).
prior notice—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591W; or
(c)for chapter 11, part 3, division 6, see section 614W.
prior notice area—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591W; or
(c)for chapter 11, part 3, division 6, see section 614W.
prior notice deadline—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591W; or
(c)for chapter 11, part 3, division 6, see section 614W.
prior notice particulars—
(a)for chapter 10, part 3, see section 569; or
(b)for chapter 10A, part 3, see section 591ZA; or
(c)for chapter 11, part 3, division 6, see section 614ZA.
process, in relation to fish, includes freezing, packing, refrigerating, sorting or thawing the fish.
prohibited activity ...
published, on the department’s website, means published on, or accessible through, the website.
purse seine net means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.
pyramid trap means a mesh trap with a square-shaped base and 4 triangular sides that meet at a point where there is a trap opening.
quota authority ...
ready to fish, for chapter 5, part 7, division 2, see section 235.
recognised BRD see section 392AI.
recognised TED see section 392BC(1)(a).
recreational fisher see section 8(1) of this schedule.
recreational fishing see section 8(2) of this schedule.
recreational fishing apparatus means—
(a)a spear or spear gun; and
(b)any of the following fishing apparatus that may be used or possessed by a recreational fisher under a regulated fishing apparatus declaration—(i)a canister trap;(ii)a cast net;(iii)a collapsible trap;(iv)a crab pot;(v)a dilly;(vi)a fishing line;(vii)a fork;(viii)a funnel trap;(ix)a hand pump;(x)a pyramid trap;(xi)a round trap;(xii)a scoop net;(xiii)a seine net.
redclaw crayfish waters ...
redclaw waters ...
reef line commercial fishery see section 591B.
referral agency ...
regulated by form ...
regulated by gender ...
regulated by number ...
regulated by reproductive capacity ...
regulated by size ...
regulated by volume ...
regulated by weight ...
regulated cod or grouper means any of the species of fish identified in schedule 5, part 1, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated coral reef fin fish means any of the species of fish identified in schedule 5, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated coral trout means any of the species of fish identified in schedule 5, part 2, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated emperor means any of the species of fish identified in schedule 5, part 3, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated form ...
regulated gender ...
regulated maximum size ...
regulated minimum size ...
regulated number ...
regulated parrotfish means any of the species of fish identified in schedule 5, part 5, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated period ...
regulated person ...
regulated reproductive capacity ...
regulated surgeonfish means any of the species of fish identified in schedule 5, part 6, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated sweetlip means any of the species of fish identified in schedule 5, part 7, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated tropical snapper or seaperch means any of the species of fish identified in schedule 5, part 8, whether by express mention or by reference to another taxonomic grouping of the fish.
regulated volume ...
regulated waters—
(a)generally—means the waters declared to be regulated waters under the Fisheries Declaration 2019, section 10; or
(b)if specifically referred to by name or description—see section 9.
regulated weight ...
regulated wrasse means any of the species of fish identified in schedule 5, part 9, whether by express mention or by reference to another taxonomic grouping of the fish.
regulating provision ...
relevant assessment fee ...
relevant authority—
(a)for chapter 13, part 1B—see section 625F(1); or
(b)for chapter 14, part 2—see section 644.
relevant boat, for a relevant authority, for chapter 13, part 1B, see section 80(1)(b) of the Act and section 625F(2).
relevant fish, for chapter 14, part 5, see section 659.
relevant fishery, for chapter 6, part 6, see section 263(1).
relevant period—
(a)for chapter 13, part 1B, see section 625H; or
(b)for chapter 14, part 2, division 2, see section 645(b); or
(c)for chapter 14, part 2, division 3, see section 649(b).
relevant person, for chapter 14, part 2, division 3, see section 649(c).
relevant quantity particulars see section 654.
repealed 1999 plan means the repealed Fisheries (East Coast Trawl) Management Plan 1999.
repealed 2010 plan means the repealed Fisheries (East Coast Trawl) Management Plan 2010.
Repulse Bay area see schedule 10E, section 20.
resource allocation authority means a resource allocation authority issued under chapter 5, part 3.
ring net means a mesh net shot in a way that allows it to encircle the fish being targeted.
river basin see section 9 of this schedule.
round eel trap means a mesh trap—
(a)supported by a rigid cylindrical frame; and
(b)to which a cod-end or pocket is attached.
round trap means a mesh trap supported by a rigid cylindrical frame.
RQ fishery licence means a commercial fishing boat licence on which is written the fishery symbol ‘RQ’.
RTE line unit means a RTE line unit continued under section 756(4).
S ...
sale docket, see section 655(1).
scoop net means a mesh net, with a handle, that can be used to take fish by being formed into a scoop.
second licence, for chapter 6, part 4, see section 256(1)(b).
seine net means a mesh net, with or without a pocket, that can be—
(a)shot in a way that partly encircles the fish being targeted; and
(b)hauled in a way that concentrates the fish in an area for taking them.
set, a net, means fix the net or part of it in a way that it can trap fish.
set line means a line used to take fish that—
(a)is prevented from unwinding freely by a device attached to the line; and
(b)is attached to—(i)a boat; or(ii)something else outside, but not floating on, the water in which it is being used.Example for subparagraph (ii)—
a line used to take fish that is attached to a branch of a tree growing in the water in which the line is being used if the attachment is at a point above the surface of the water
set mesh net see section 9A of this schedule.
set pocket net means a bag shaped set net placed across a current or tide to trap fish.SF↑B sign ...
shell dredge means a rigid device that is used for gathering shells as it is dragged along the substrate.
shoot, a net, means place or spread the net, or part of it, in a way that it can trap fish.
Sinclair Bay area see schedule 10E, section 21.
SM fishery licence means a licence under the Act with the fishery symbol ‘SM’ written on it.
SM (Flat Rock) fishery licence ...
SM unit means an SM unit continued under section 723.
SM unit certificate means—
(a)an SM unit certificate continued under section 724; or
(b)if the certificate is replaced under section 71 of the Act, or changed or replaced under section 585(2), the certificate as replaced or changed.
SM unit holder means a holder of an SM unit.
SM year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.
Spanner Crab Plan ...
spear gun includes a bow for propelling a spear.
species, of fish, for chapter 1, part 2, division 3, see section 5.
square mesh means netting material orientated so the direction of the mesh twine is longitudinal and transverse to the length of the cod end.
steaming day see section 392BO(1).
stock, of a species of fish by reference to a location, see section 9B of this schedule.
stocked impoundment permit means a stocked impoundment permit issued under chapter 5.
stowed and secured see section 4A.
structure includes a barrage, boat ramp, bridge, bund, dam wall, harbour breakwater, jetty, mooring, power pole, silt curtain, storm water outlet, weir and wreck.
substitute primary boat ...
surface trolling ...
sweep, of a net—
(a)for an otter trawl net used under section 613—see section 613(5) and (6); or
(b)otherwise—see section 17 of this schedule.
‘T1’ area see schedule 10E, section 22.
T1 effort unit ...
T1 effort units see section 392BO(1)(a).
‘T1’ licence means a commercial fishing boat licence with a ‘T1’ fishery symbol written on it.
‘T2’ area see schedule 10E, section 23.
T2 effort unit ...
T2 effort units see section 392BO(1)(b).
‘T2’ licence means a commercial fishing boat licence with a ‘T2’ fishery symbol written on it.
T4 fishery licence means a commercial fishing boat licence on which is written the fishery symbol ‘T4’.
T4-ITQ unit means a T4-ITQ unit issued under section 614E(1).
T4-ITQ unit certificate means—
(a)a T4-ITQ unit certificate issued under section 614E(2); or
(b)if the certificate is replaced under section 71 of the Act, or changed, replaced or issued under section 614O(2), the certificate as replaced, changed or issued.
T4-ITQ unit holder means a holder of a T4-ITQ unit.
T4-ITQ year means the period from 1 January to 31 December.
Note—
See, however, section 751.
‘T5’ licence means a commercial fishing boat licence with a ‘T5’ fishery symbol written on it.
‘T6’ licence means a commercial fishing boat licence with a ‘T6’ fishery symbol written on it.
‘T7’ licence means a commercial fishing boat licence with a ‘T7’ fishery symbol written on it.
‘T8’ licence means a commercial fishing boat licence with a ‘T8’ fishery symbol written on it.
‘T9’ licence means a commercial fishing boat licence with a ‘T9’ fishery symbol written on it.
TED means turtle excluder device.
tender boat see section 7 of this schedule.
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).
the licence, for a fishery provision, see section 16.
the State ...
threshold percentage ...
tickler chain means a chain attached to a trawl net or the otter boards of an otter trawl net that is in front of the mouth of the net when the net is in use.
trailing edge, in relation to a part of a net or a thing used with a net, means the edge furthest from the front opening of the net.
transaction number, for a transaction carried out using the AIVR system, see section 670(1)(b).
transhipment notice—
(a)for chapter 10, part 3, see section 576(2); or
(b)for chapter 10A, part 3, see section 591ZG(2).
transport vessel—
(a)for chapter 10, part 3, see section 576(1)(b); or
(b)for chapter 10A, part 3, see section 591ZG(1)(b).
trap entrance, for chapter 7, part 3A, see section 310K(1)(a).
trap pocket entrance, for chapter 7, part 3A, see section 310K(1)(b).
trawling see section 392.
trawl net means any net described in a provision of chapter 7A, part 9 and any other fishing apparatus normally used with it.
Examples of other fishing apparatus—
ground chains or ropes
trawl shoe, of a beam, otter board or trawl sled, means the part of the horizontal surface of the underside of the beam, otter board or trawl sled that makes contact with the sea floor.
trunked, for a fish, means the fish has had its head or tail removed.
try net means an otter or beam trawl net of the following lengths, used for no longer than 25 minutes at a time, for sampling or testing or to work out the abundance or presence of principal fish—
(a)for an otter trawl net—no longer than 10m; or
(b)for a beam trawl net—no longer than 2.5m.
tunnel net means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.
unallocated State land see the Land Act 1994, schedule 6.
under direction, for an assistant fisher, see section 10 of this schedule.
unit PIN means—
(a)for line units—(i)the unit PIN for the units continued under section 759; or(ii)if the unit PIN for the units is changed under section 591ZS, the unit PIN as changed; or
(b)for SM units—(i)the unit PIN for the units continued under section 726; or(ii)if the unit PIN for the units is changed under section 588, the unit PIN as changed; or
(c)for T4-ITQ units—(i)the unit PIN for the units issued under section 614F(a); or(ii)if the unit PIN for the units is changed under section 614R, the unit PIN as changed.
unload, for fish, means—
(a)if the fish have been taken by a commercial fisher and are on a commercial fishing boat—(i)moving the fish from the boat, or a transport vessel to which the fish have been transferred, to a vehicle or a place; orExamples of a place for subparagraph (i)—
a wharf, an enclosed part of Queensland waters used to keep live fish, a place on land(ii)moving the boat while the fish are on the boat to a place on land; or
(b)if the fish have been taken by a recreational fisher and are on a boat—(i)moving the fish from the boat to a vehicle or a place on land; or(ii)moving the boat while the fish are on the boat to a place on land.
unloaded fish notice—
(a)for chapter 10, see section 581(2); or
(b)for chapter 10A, see section 591ZL(2); or
(c)for chapter 11, part 3, division 6, see section 614ZK(2).
unloading area—
(a)for chapter 10, part 3, see section 565; or
(b)for chapter 10A, part 3, see section 591W; or
(c)for chapter 11, part 3, division 6, see section 614W.
unloading particular—
(a)for chapter 10, part 3, see section 569(d); or
(b)for chapter 10A, part 3, see section 591ZA(d); or
(c)for chapter 11, part 3, division 6, see section 614ZA(d).
unnotifiable landing notice—
(a)for chapter 10, part 3, see section 578(2); or
(b)for chapter 10A, part 3, see section 591ZI(2); or
(c)for chapter 11, part 3, division 6, see section 614ZH(2).
unused entitlement—
(a)for ITQ units, see section 600P(2); or
(b)for line units, see section 591P(2); or
(c)for SM units, see section 558(2); or
(d)for T4-ITQ units, see section 614I(2).
usage notice see section 392CL(2).
use—
(a)a net, includes setting and shooting the net; or
(b)a trawl net, includes—(i)setting and shooting the net; and(ii)having the net rigged for fishing.Example of rigged for fishing for subparagraph (ii)—
having a cod end and ground chains attached
used—
(a)for a boat, on a fishing or steaming day, see section 392BQ; or
(b)for effort units, see section 392BP; or
(c)for an entitlement under an ITQ unit, see section 600P(1); or
(d)for an entitlement under a line unit, see section 591P(1); or
(e)for an entitlement under a SM unit, see section 558(1); or
(f)for an entitlement under a T4-ITQ unit, see section 614I(1).
V ...
vessel tracking standard, for chapter 13, part 1B, see section 625E.
VMS equipment requirement ...
VMS exemption notice ...
VMS exemption period ...
W ...
warehouse keeper ...
waters other than the Gulf of Carpentaria waters ...
whole weight—
(a)for an amount of spanish mackerel—see section 11 of this schedule; or
(b)for an amount of regulated coral reef fin fish—see section 12 of this schedule.
working properly, for chapter 13, part 1B, see section 80(6) of the Act.
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Fisheries Regulation 2008 (QLD)
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