Fishing Industry Organisation and Marketing Amendment Regulation (No. 1) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 189 Fishing Industry Organization and Marketing Act 1982 FISHING INDUSTRY ORGANISATION AND MARKETING AMENDMENT REGULATION (No. 1) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s.1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of Schedule 3 (Fisheries endorsements) . . . . . . . . . . . . . . . . . 2 6 Amendment of Schedule 5 (Apparatus which may be used by licensed fishers using commercial fishing vessels) . . . . . . . . . . . . . . . . . . . 2 7 Amendment of Schedule 8 (Species of fish and marine product protected on account of size or weight) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Fishing Industry Organisation and Marketing Amendment (No. 1) No. 189, 1992 ˙ Short title 1. This regulation may be cited as the Fishing Industry Organisation and Marketing Amendment Regulation (No. 1) 1992 . ˙ Commencement 2.(1) Subject to subsection (2), this regulation commences on the day it is gazetted. (2) Section 5 of this regulation commences on 1 July 1992. ˙ Amended regulation 3. The Fishing Industry Organization and Marketing Regulation 1991 is amended as set out in this regulation. ˙ Replacement of s.1 (Short title) 4. Section 1— omit, insert— ˙ ‘Short title ‘1. This regulation may be cited as the Fishing Industry Organisation and Marketing Regulation 1991 . ’. ˙ Amendment of Schedule 3 (Fisheries endorsements) 5. Schedule 3 (endorsement B, paragraph 2, after ‘13’)— insert ‘ 13A ’. ˙ Amendment of Schedule 5 (Apparatus which may be used by licensed fishers using commercial fishing vessels) 6.(1) Schedule 5 (Serial No. 3, paragraph 3)— omit, insert— ‘3. Only 1 end of the net may be fixed temporarily while the net is being

3 Fishing Industry Organisation and Marketing Amendment (No. 1) No. 189, 1992 shot, but if the size of the mesh of net is not more than 88 mm, both ends of a net shot in waters between Cape Gloucester and Cape Manifold may be fixed for up to 1 hour. ’. (2) Schedule 5 (Serial No. 13)— omit, insert— ‘Serial No. 13—Gulf of Carpentaria river set gill net ‘1. A river set gill net having a length of up to 120 m, a depth of drop of no more than 50 meshes, and a size of mesh of 150–245 mm must be used. ‘2. A net is to be used only to take unprotected species of fish in the waters of the rivers and creeks of the Gulf of Carpentaria and on the east coast of Queensland north of Cape Flattery. ‘3. A net is to be used only in the waters specified in paragraph 2 between 12.00 p.m. EST on 1 February and 12.00 p.m. EST on 1 November in each year. ‘4. A net must not be set within— (a) 400 m of any jetty or wharf; or (b) 100 m of another net that is in use. ‘5. A master fisherman may set up to 6 nets if — (a) the combined length of those nets does not exceed 360 m; and (b) the distance between the first and last net of the group does not exceed— (i) if the group of nets is set in the waters of a river or creek flowing into the Gulf of Carpentaria— 5 n miles measured along the river or creek; or (ii) if the group of nets is set in the waters of rivers or creeks between Slade Point and Cape Flattery—1 n mile measured along the river or creek. ‘6. A licensed fisher must not be more than 800 m from a net or from the first or last net where more than 1 net is set. ’.

4 Fishing Industry Organisation and Marketing Amendment (No. 1) No. 189, 1992 ‘Serial No. 13A—East Coast river set gill net ‘1. A river set gill net having a length of up to 120 m, a depth of drop of not more than 50 meshes, and a size of mesh of 150–245 mm must be used. ‘2. A net is to be used only to take unprotected species of fish in the waters— (a) of rivers and creeks, to the entrance to the river or creek, between Cape Flattery and the south head of Kauri Creek (Great Sandy Strait); and (b) of Hinchinbrook Channel and waters connected with the Channel within the boundaries commencing— (i) at a fishery boundary board at Fisherman’s Point on Hinchinbrook Island; and (ii) then in a south-easterly direction and in a direct line across the Hinchinbrook Channel to a fishery boundary board on the eastern head of the eastern entrance to Neames Creek (Neames Inlet); and (iii) then by high water mark in a north-westerly direction to a fishery boundary board on the mainland at the foot of Round Hill; and (iv) then in a north-easterly direction and in a direct line across the Hinchinbrook Channel to a fishery boundary board at the south end of Mangrove Island; and (v) then to lead beacon No. 2 on Hinchinbrook Island; and (vi) then by high water mark to the point of commencement. ‘3. A net must not be used in the waters of a river or creek on Fraser Island or flowing into Great Sandy Strait, and may be used— (a) in the waters mentioned in paragraph 2—between 12 p.m. EST on 1 February and 12 p.m. EST on 1 November of each year; and (b) in the waters south of the north head of Baffle Creek—all year round.

5 Fishing Industry Organisation and Marketing Amendment (No. 1) No. 189, 1992 ‘4. A net must not be set within— (a) 400 m of any jetty or wharf; or (b) 100 m of another net that is in use. ‘5. Two nets may be joined together and used as a single net in the waters mentioned in paragraph 2(b), in addition to 1 other net, but only if the combined length of all nets does not exceed 360 m. ‘6. A master fisherman may set up to 3 nets if— (a) the combined length of those nets does not exceed 360 m; and (b) the distance between the first and the last net does not exceed 1 n mile measured along the river or creek. ‘7. A licensed fisher must not be more than 800 m from— (a) a set net; or (b) if more than 1 net is set— the first or last net. ’. (3) Schedule 5 (Serial No. 15, paragraph 2(a))— omit, insert— ‘ (a) of any foreshore including the foreshore of an entrance to a river or creek between Cape Flattery and the north head of Baffle Creek; ’. (4) Schedule 5 (Serial No. 15, paragraph 8)— omit, insert — ‘8. A licensed fisher must not be more than 800 m from— (a) a set net; or (b) if more than 1 net is set—the first or last net. ’. (5) Schedule 5 (Serial No. 16, paragraph 9)— omit, insert— ‘9. A licensed fisher must not be more than 800 m from— (a) a set net; or (b) if more than 1 net is set—the first or last net. ’.

6 Fishing Industry Organisation and Marketing Amendment (No. 1) No. 189, 1992 ˙ Amendment of Schedule 8 (Species of fish and marine product protected on account of size or weight) 7. Schedule 8 (paragraph 1)— omit ‘ 55 cm ’, insert ‘ 58 cm or more than 120 cm ’. ENDNOTES 1. Made by the Governor in Council on 25 June 1992. 2. Published in the Gazette on 26 June 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. The State of Queensland 1992