ch.2-pt.1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Queensland regulation
This regulation is the rulebook for commercial fishing in Queensland: who may fish, where and how they may do it, what gear and catch they can carry, and the conditions for selling or transferring fish. It affects commercial fishers, their assistants, licence holders and commercial vessels.
It divides waters into fisheries, requires both vessel and fisher licences, prescribes gear/quantity limits, boat marking, beach-priority flags, trawl effort quotas, and strict rules for transferring fishing rights.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Fisheries (Commercial Fisheries) Regulation 2019.
Each fishery named and described in schedules 2 to 8 is a commercial fishery. Schedules 2 to 8 state the following for each commercial fishery— the fishery symbol; the fishery area; matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example— fish that may be taken in the fishery; and the way in which fish may be taken in the fishery; and persons who may take fish in the fishery; and any other restrictions on a person’s authorisation to take fish in the fishery; conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written. A condition mentioned in subsection (2) (d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2) (c) . s 4 amd 2020 SL No. 236 s 84 (sec.4-ssec.1) Each fishery named and described in schedules 2 to 8 is a commercial fishery. (sec.4-ssec.2) Schedules 2 to 8 state the following for each commercial fishery— the fishery symbol; the fishery area; matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example— fish that may be taken in the fishery; and the way in which fish may be taken in the fishery; and persons who may take fish in the fishery; and any other restrictions on a person’s authorisation to take fish in the fishery; conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written. (sec.4-ssec.3) A condition mentioned in subsection (2) (d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2) (c) .
This section states, for information purposes only, some general matters about the management and operation of commercial fisheries. A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person— is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence. The Fisheries (General) Regulation 2019 together with this regulation provide for— restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and restrictions on writing fishery symbols on primary commercial fishing licences; and what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery. s 5 amd 2020 SL No. 236 s 85 (sec.5-ssec.1) This section states, for information purposes only, some general matters about the management and operation of commercial fisheries. (sec.5-ssec.2) A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person— is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence. (sec.5-ssec.3) The Fisheries (General) Regulation 2019 together with this regulation provide for— restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and restrictions on writing fishery symbols on primary commercial fishing licences; and what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery.
This section states particular matters about the interpretation of a fishery provision about a commercial fishery. In a fishery provision about a commercial fishery— a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a) ; and a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a) ; and a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a) ; and a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d) . s 6 sub 2020 SL No. 236 s 86 (sec.6-ssec.1) This section states particular matters about the interpretation of a fishery provision about a commercial fishery. (sec.6-ssec.2) In a fishery provision about a commercial fishery— a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a) ; and a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a) ; and a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a) ; and a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d) .
This division states particular matters about what a person (the authorised person ) acting under a primary commercial fishing licence on which a fishery symbol for a commercial fishery is written is authorised to do in the fishery under the licence. s 7 amd 2020 SL No. 236 s 124 sch 2
The authorised person may take fish only in a fishery area of the commercial fishery. However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence. Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision. (sec.8-ssec.1) The authorised person may take fish only in a fishery area of the commercial fishery. (sec.8-ssec.2) However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence. (sec.8-ssec.3) Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision.
The authorised person may take only fish that a fishery provision about the commercial fishery states may be taken by the person in the fishery.
If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way. by using only stated fishing apparatus by using stated fishing apparatus only in a stated way by using only a stated number of stated fishing apparatus If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery. Subsection (2) applies even if more than 1 person is acting under the licence. (sec.10-ssec.1) If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way. by using only stated fishing apparatus by using stated fishing apparatus only in a stated way by using only a stated number of stated fishing apparatus (sec.10-ssec.2) If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery. (sec.10-ssec.3) Subsection (2) applies even if more than 1 person is acting under the licence.
This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way. The authorised person may possess, sell or process the fish only in the stated circumstances or stated way. s 10A ins 2020 SL No. 236 s 4 (sec.10A-ssec.1) This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way. (sec.10A-ssec.2) The authorised person may possess, sell or process the fish only in the stated circumstances or stated way.
This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way. The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way. s 10B ins 2020 SL No. 236 s 4 (sec.10B-ssec.1) This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way. (sec.10B-ssec.2) The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way.
This section applies if a fishery provision about the commercial fishery states any of the following (each a restriction )— fish may be taken in the fishery only if there is an unused quota entitlement under a quota authority for the fish; a maximum amount of fish that may be taken in the fishery; a period during which fish may be taken in the fishery; a stated activity must not be carried out in a stated area of the fishery. The authorised person may take fish in the commercial fishery only in accordance with the restriction. s 11 amd 2020 SL No. 236 s 87 (sec.11-ssec.1) This section applies if a fishery provision about the commercial fishery states any of the following (each a restriction )— fish may be taken in the fishery only if there is an unused quota entitlement under a quota authority for the fish; a maximum amount of fish that may be taken in the fishery; a period during which fish may be taken in the fishery; a stated activity must not be carried out in a stated area of the fishery. (sec.11-ssec.2) The authorised person may take fish in the commercial fishery only in accordance with the restriction.
A restriction under this division may apply to the authorised person in more than 1 way. An authorised person may be authorised to take fish in a commercial fishery only in a particular area within the fishery’s fishery area, using only a particular type of fishing apparatus, and only during a particular period.
If a primary commercial fishing licence has more than 1 fishery symbol written on it, a person acting under the licence is not authorised to take fish in more than 1 commercial fishery at the same time. However, if the licence has 2 or more fishery symbols written on it and 1 or more of the fishery symbols is ‘C1’ or ‘C2’, the person may, at the same time— if only 1 fishery symbol is ‘C1’ or ‘C2’—take crabs under the fishery symbol ‘C1’ or ‘C2’ and fish under 1 other fishery symbol written on the licence; or if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and no other fishery symbols are written on the licence—take crabs under all of the fishery symbols ‘C1’ or ‘C2’; or if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and 1 or more other fishery symbols are written on the licence— take crabs under all of the fishery symbols ‘C1’ or ‘C2’; and fish under 1 other fishery symbol written on the licence. Also, subsection (1) does not apply to a person taking any of the following fish at the same time— spanish mackerel under the fishery symbol ‘SM’; regulated coral reef fin fish under the fishery symbol ‘RQ’; fin fish, other than spanish mackerel or regulated coral reef fin fish, under the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’. Further, subsection (1) does not apply to a person taking fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N10’, ‘N15’ or ‘NX’ at the same time. In addition, subsection (1) does not apply to a person taking fish under the fishery symbol ‘A1’ and the fishery symbol ‘D’ at the same time. s 13 amd 2020 SL No. 236 ss 5 , 88 , 126 ; 2023 SL No. 194 s 4 (sec.13-ssec.1) If a primary commercial fishing licence has more than 1 fishery symbol written on it, a person acting under the licence is not authorised to take fish in more than 1 commercial fishery at the same time. (sec.13-ssec.2) However, if the licence has 2 or more fishery symbols written on it and 1 or more of the fishery symbols is ‘C1’ or ‘C2’, the person may, at the same time— if only 1 fishery symbol is ‘C1’ or ‘C2’—take crabs under the fishery symbol ‘C1’ or ‘C2’ and fish under 1 other fishery symbol written on the licence; or if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and no other fishery symbols are written on the licence—take crabs under all of the fishery symbols ‘C1’ or ‘C2’; or if 2 or more of the fishery symbols are ‘C1’ or ‘C2’ and 1 or more other fishery symbols are written on the licence— take crabs under all of the fishery symbols ‘C1’ or ‘C2’; and fish under 1 other fishery symbol written on the licence. (sec.13-ssec.3) Also, subsection (1) does not apply to a person taking any of the following fish at the same time— spanish mackerel under the fishery symbol ‘SM’; regulated coral reef fin fish under the fishery symbol ‘RQ’; fin fish, other than spanish mackerel or regulated coral reef fin fish, under the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’. (sec.13-ssec.4) Further, subsection (1) does not apply to a person taking fin fish, other than regulated coral reef fin fish and spanish mackerel, under the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N10’, ‘N15’ or ‘NX’ at the same time. (sec.13-ssec.5) In addition, subsection (1) does not apply to a person taking fish under the fishery symbol ‘A1’ and the fishery symbol ‘D’ at the same time.
This section applies if a fishery symbol written on a primary commercial fishing licence is the fishery symbol for more than 1 commercial fishery. A person acting under the licence is not authorised to take fish or use fishing apparatus in more than 1 of the fisheries at the same time. The fishery symbol ‘N10’ is written on a licence authorising use of a tunnel net in the net fishery (east coast no. 4) and use of a general purpose net in the net fishery (east coast no. 15). A person acting under the licence must not use the nets in the fisheries at the same time. s 14 amd 2020 SL No. 236 s 124 sch 2 ; 2023 SL No. 194 s 5 (sec.14-ssec.1) This section applies if a fishery symbol written on a primary commercial fishing licence is the fishery symbol for more than 1 commercial fishery. (sec.14-ssec.2) A person acting under the licence is not authorised to take fish or use fishing apparatus in more than 1 of the fisheries at the same time. The fishery symbol ‘N10’ is written on a licence authorising use of a tunnel net in the net fishery (east coast no. 4) and use of a general purpose net in the net fishery (east coast no. 15). A person acting under the licence must not use the nets in the fisheries at the same time.
This section applies to a person who is— in a Joint Authority fishery managed under Queensland law; and acting under a primary commercial fishing licence. The person is not authorised to take fish to which the Joint Authority fishery applies under the licence unless— the Joint Authority endorses the licence to extend its operation to activities over which the Joint Authority has powers under the Act ; and taking the fish is an activity over which the Joint Authority has powers under the Act . s 15 amd 2020 SL No. 236 s 124 sch 2 (sec.15-ssec.1) This section applies to a person who is— in a Joint Authority fishery managed under Queensland law; and acting under a primary commercial fishing licence. (sec.15-ssec.2) The person is not authorised to take fish to which the Joint Authority fishery applies under the licence unless— the Joint Authority endorses the licence to extend its operation to activities over which the Joint Authority has powers under the Act ; and taking the fish is an activity over which the Joint Authority has powers under the Act .
This section applies to fish other than fish taken under a B1, R, RQ, SM or T4 licence. A person acting under a primary commercial fishing licence is not authorised to keep fish on an authorised boat for the licence when the boat leaves a landing place to start a new fishing operation. s 15A ins 2020 SL No. 236 s 4 (second occurrence) sub 2020 SL No. 236 s 127 (sec.15A-ssec.1) This section applies to fish other than fish taken under a B1, R, RQ, SM or T4 licence. (sec.15A-ssec.2) A person acting under a primary commercial fishing licence is not authorised to keep fish on an authorised boat for the licence when the boat leaves a landing place to start a new fishing operation.
This section applies to fish other than fish taken under a D, L4, N3, N12, N13, R, RQ, SM or T1 licence. A person acting under a primary commercial fishing licence is not authorised to transfer fish from an authorised boat for the licence to a transport vessel from or using which the fish are proposed to be unloaded. s 15B ins 2020 SL No. 236 s 4 (second occurrence) sub 2020 SL No. 236 s 127 (amd 2021 SL No. 29 s 28 ) (sec.15B-ssec.1) This section applies to fish other than fish taken under a D, L4, N3, N12, N13, R, RQ, SM or T1 licence. (sec.15B-ssec.2) A person acting under a primary commercial fishing licence is not authorised to transfer fish from an authorised boat for the licence to a transport vessel from or using which the fish are proposed to be unloaded.
In this part— ocean beach fishery means a commercial fishery mentioned in schedule 4 , part 1 . ocean beach fishery flag means a flag that— is orange; and has an area of at least 1m 2 ; and has the following written on it— the boat mark for the boat being used to take fish in the ocean beach net area identified by the flag; the words ‘fishing priority’. ocean beach net area means an area of an ocean beach fishery that is— identified by 2 ocean beach fishery flags placed— no more than 1km apart; and along, and as near as possible to, the water’s edge; and within the boundary formed by the following lines— a straight line, at right angles to the straight line between the ocean beach fishery flags, extending from the point that is 500m seaward of 1 of the flags to the point that is 500m landward of that flag; 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 to the point that is 500m landward of the other flag; a straight line joining the landward ends of the lines mentioned in subparagraphs (i) and (ii) ; a straight line joining the seaward ends of the lines mentioned in subparagraphs (i) and (ii) .
A commercial fisher is ready to fish with a net in a fishery area of a commercial fishery if— the fisher has, in the area— a commercial fishing boat authorised to be used in the area; and if a fishery provision about the commercial fishery states that fish may be taken only if a minimum number of assistant fishers is present—the minimum number of assistant fishers present; and there is, on the boat, a net authorised to be used to take fish in the area.
This section applies— to each commercial fisher acting under a primary commercial fishing licence; and for using a net in an ocean beach fishery. Each of the commercial fishers is authorised under the licence to use a net— in the ocean beach net area identified by the fisher; and in the order in which the fishers are ready to fish with the nets in the area. s 18 amd 2020 SL No. 236 s 124 sch 2 (sec.18-ssec.1) This section applies— to each commercial fisher acting under a primary commercial fishing licence; and for using a net in an ocean beach fishery. (sec.18-ssec.2) Each of the commercial fishers is authorised under the licence to use a net— in the ocean beach net area identified by the fisher; and in the order in which the fishers are ready to fish with the nets in the area.
This section applies— to each commercial fisher acting under a primary commercial fishing licence; and for using a net in a commercial fishery, other than an ocean beach fishery. Each of the commercial fishers is authorised under the licence to use a net— 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 in the order in which the fishers are ready to fish with the nets in the area. s 19 amd 2020 SL No. 236 s 124 sch 2 (sec.19-ssec.1) This section applies— to each commercial fisher acting under a primary commercial fishing licence; and for using a net in a commercial fishery, other than an ocean beach fishery. (sec.19-ssec.2) Each of the commercial fishers is authorised under the licence to use a net— 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 in the order in which the fishers are ready to fish with the nets in the area.
An authorisation for a commercial fisher to use nets in an area of a commercial fishery under section 18 or 19 continues— for no more than 6 hours from when the fisher is ready to fish with a net in the area; and only while the fisher is ready to fish with a net in the area.
If 2 or more commercial fishers mentioned in section 18 or 19 jointly use nets, they are taken to be 1 commercial fisher.
This section applies if a commercial fisher, or an assistant fisher, acting under a primary commercial fishing licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 16 , definition ocean beach net area , paragraph (a) . 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. s 22 amd 2020 SL No. 236 s 124 sch 2 (sec.22-ssec.1) This section applies if a commercial fisher, or an assistant fisher, acting under a primary commercial fishing licence has placed an ocean beach fishery flag for identifying an ocean beach net area under section 16 , definition ocean beach net area , paragraph (a) . (sec.22-ssec.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.
A person must not obstruct a commercial fisher in exercising a fishing priority under division 2 , unless the person has a reasonable excuse. Maximum penalty—20 penalty units.
This part applies to an authority that authorises the use of a boat (an authorised boat ) in a commercial fishery if— the authority states a sequence of letters or numbers for the boat; or the chief executive has given the holder of the authority a written notice (a boat mark notice ) stating a sequence of letters or numbers for the boat.
A reference to a boat mark for a boat used under an authority is a reference to— for a primary boat or another boat identified in the authority—the sequence of letters or numbers for the boat stated on the authority or boat mark notice issued for the boat; or for a tender boat or another boat not identified in the authority—the sequence of letters or numbers for the boat stated on the authority or a boat mark notice followed by— a dash; and a number, chosen by the holder of the authority, that is not the same as the number for any other boat of a type mentioned in this paragraph that is used under the authority.
It is a condition of the authority that the holder of the authority must ensure the boat mark for the authorised boat is fixed to the boat in a way that complies with this division. It is a condition of the authority that the boat mark must not be removed, or replaced with another boat mark, during a fishing trip on the boat. (sec.26-ssec.1) It is a condition of the authority that the holder of the authority must ensure the boat mark for the authorised boat is fixed to the boat in a way that complies with this division. (sec.26-ssec.2) It is a condition of the authority that the boat mark must not be removed, or replaced with another boat mark, during a fishing trip on the boat.
The boat mark must be written in black on a yellow background. The boat mark must be— fixed to each side of the boat’s hull; and fixed to the following surface in a way that allows the boat mark to be viewed from above— if the boat has a deck or shelter at its front—the deck or shelter or an enclosed cabin or wheelhouse on the deck; otherwise—a flat surface on the boat. The boat mark must not— be fixed below the water line of the boat; or otherwise be obscured from view. (sec.27-ssec.1) The boat mark must be written in black on a yellow background. (sec.27-ssec.2) The boat mark must be— fixed to each side of the boat’s hull; and fixed to the following surface in a way that allows the boat mark to be viewed from above— if the boat has a deck or shelter at its front—the deck or shelter or an enclosed cabin or wheelhouse on the deck; otherwise—a flat surface on the boat. (sec.27-ssec.3) The boat mark must not— be fixed below the water line of the boat; or otherwise be obscured from view.
If the boat has a length of less than 10m— each letter or number in the boat mark must have a height of at least 20cm; and each stroke or serif of the letter or number must have a width of at least 2cm but no more than 2.5cm. If the boat has a length of 10m or more but less than 25m— each letter or number in the boat mark must have a height of at least 30cm; and each stroke or serif of the letter or number must have a width of at least 3.5cm but no more than 4cm. If the boat has a length of 25m or more— each letter or number in the boat mark must have a height of at least 45cm; and each stroke or serif of the letter or number must have a width of at least 6cm but no more than 6.5cm. (sec.28-ssec.1) If the boat has a length of less than 10m— each letter or number in the boat mark must have a height of at least 20cm; and each stroke or serif of the letter or number must have a width of at least 2cm but no more than 2.5cm. (sec.28-ssec.2) If the boat has a length of 10m or more but less than 25m— each letter or number in the boat mark must have a height of at least 30cm; and each stroke or serif of the letter or number must have a width of at least 3.5cm but no more than 4cm. (sec.28-ssec.3) If the boat has a length of 25m or more— each letter or number in the boat mark must have a height of at least 45cm; and each stroke or serif of the letter or number must have a width of at least 6cm but no more than 6.5cm.
It is a condition of the authority that a person in control of the 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 division 2 .
It is a condition of the authority that the holder of the authority must remove the boat mark from the authorised boat if— the boat is replaced; or the authority expires; or the authority is surrendered or cancelled. This section applies whether or not the boat mark has been fixed to the authorised boat, or allowed to remain on the boat, in a way that complies with division 2 . 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. (sec.30-ssec.1) It is a condition of the authority that the holder of the authority must remove the boat mark from the authorised boat if— the boat is replaced; or the authority expires; or the authority is surrendered or cancelled. (sec.30-ssec.2) This section applies whether or not the boat mark has been fixed to the authorised boat, or allowed to remain on the boat, in a way that complies with division 2 . (sec.30-ssec.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.
This section applies if a person is required under this regulation to write or mark particulars in or on a document or other thing. markings on floats attached to fishing apparatus markings on boats The person must write or mark the particulars in or on the document or thing, legibly, visibly and in English. Maximum penalty—20 penalty units. Subsection (2) does not prevent a person writing or marking the particulars in another language in addition to English. (sec.31-ssec.1) This section applies if a person is required under this regulation to write or mark particulars in or on a document or other thing. markings on floats attached to fishing apparatus markings on boats (sec.31-ssec.2) The person must write or mark the particulars in or on the document or thing, legibly, visibly and in English. Maximum penalty—20 penalty units. (sec.31-ssec.3) Subsection (2) does not prevent a person writing or marking the particulars in another language in addition to English.
The holder of a primary commercial fishing licence may do any of the following under the licence— allow a commercial fisher to act under the licence to take fish for trade or commerce, without using a boat, in a hand-harvest only commercial fishery identified in the licence; allow a commercial fisher to use the primary boat identified in the licence to take fish for trade or commerce in a commercial fishery identified in the licence; allow a commercial fisher to use no more than the authorised number of tender boats for a commercial fishery identified in the licence, at the same time, to take fish in the fishery; allow a commercial fisher to use a tender boat as if it were the primary boat identified in the licence if— there is no primary boat identified in the licence or the primary boat identified in the licence is not also being used to take fish for trade or commerce in a commercial fishery; and the licence is kept on the tender boat while it is being used as the primary boat; allow a commercial fisher who uses a boat to take fish in a commercial fishery as mentioned in paragraph (b) , (c) or (d) to carry the fish; sell fish taken in a commercial fishery by a commercial fisher acting under the licence; process fish taken in a commercial fishery by a commercial fisher acting under the licence; buy, sell and possess commercial fishing apparatus. For subsection (1) , a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence. For subsection (1) (d) (i) , the primary boat is not being used to take fish for trade or commerce in a commercial fishery only because there is fishing apparatus or fish on the boat. While a tender boat is being used under subsection (1) (d) , the provisions of this regulation apply to the boat as if it were a primary boat. The primary boat and any of its tender boats may be used in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence if— the boat and the taking of the fish complies with schedule 4 , part 7 ; and a fishery symbol for a fishery other than a hand-harvest only commercial fishery is written on the licence. The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence. s 32 sub 2020 SL No. 236 s 89 amd 2021 SL No. 29 s 3 ; 2023 SL No. 194 s 6 (sec.32-ssec.1) The holder of a primary commercial fishing licence may do any of the following under the licence— allow a commercial fisher to act under the licence to take fish for trade or commerce, without using a boat, in a hand-harvest only commercial fishery identified in the licence; allow a commercial fisher to use the primary boat identified in the licence to take fish for trade or commerce in a commercial fishery identified in the licence; allow a commercial fisher to use no more than the authorised number of tender boats for a commercial fishery identified in the licence, at the same time, to take fish in the fishery; allow a commercial fisher to use a tender boat as if it were the primary boat identified in the licence if— there is no primary boat identified in the licence or the primary boat identified in the licence is not also being used to take fish for trade or commerce in a commercial fishery; and the licence is kept on the tender boat while it is being used as the primary boat; allow a commercial fisher who uses a boat to take fish in a commercial fishery as mentioned in paragraph (b) , (c) or (d) to carry the fish; sell fish taken in a commercial fishery by a commercial fisher acting under the licence; process fish taken in a commercial fishery by a commercial fisher acting under the licence; buy, sell and possess commercial fishing apparatus. (sec.32-ssec.2) For subsection (1) , a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence. (sec.32-ssec.3) For subsection (1) (d) (i) , the primary boat is not being used to take fish for trade or commerce in a commercial fishery only because there is fishing apparatus or fish on the boat. (sec.32-ssec.4) While a tender boat is being used under subsection (1) (d) , the provisions of this regulation apply to the boat as if it were a primary boat. (sec.32-ssec.5) The primary boat and any of its tender boats may be used in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence if— the boat and the taking of the fish complies with schedule 4 , part 7 ; and a fishery symbol for a fishery other than a hand-harvest only commercial fishery is written on the licence. (sec.32-ssec.6) The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence.
The holder of a primary commercial fishing licence may authorise someone else to do a thing under the licence that the holder may do under section 32 . A person authorised under subsection (1) by the holder of a primary commercial fishing licence to do a thing may do the thing under the licence. However, the holder of an E licence may authorise a person under subsection (1) to do a thing in the eel fishery only if the chief executive has approved the person as the holder’s approved nominee under section 34 . s 33 sub 2020 SL No. 236 s 89 (sec.33-ssec.1) The holder of a primary commercial fishing licence may authorise someone else to do a thing under the licence that the holder may do under section 32 . (sec.33-ssec.2) A person authorised under subsection (1) by the holder of a primary commercial fishing licence to do a thing may do the thing under the licence. (sec.33-ssec.3) However, the holder of an E licence may authorise a person under subsection (1) to do a thing in the eel fishery only if the chief executive has approved the person as the holder’s approved nominee under section 34 .
The holder of an E licence may apply in writing to the chief executive for someone else to be the holder’s approved nominee. The chief executive may grant the approval only if the chief executive is satisfied the holder has become temporarily incapacitated or is otherwise temporarily unable to act under the licence. The approval may be granted only for the period during which the chief executive considers the holder will be incapacitated or otherwise temporarily unable to act under the licence. If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision. s 34 sub 2020 SL No. 236 s 89 (sec.34-ssec.1) The holder of an E licence may apply in writing to the chief executive for someone else to be the holder’s approved nominee. (sec.34-ssec.2) The chief executive may grant the approval only if the chief executive is satisfied the holder has become temporarily incapacitated or is otherwise temporarily unable to act under the licence. (sec.34-ssec.3) The approval may be granted only for the period during which the chief executive considers the holder will be incapacitated or otherwise temporarily unable to act under the licence. (sec.34-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision.
This division prescribes conditions for a primary commercial fishing licence. s 35 sub 2020 SL No. 236 s 89
A primary boat may be used in a commercial fishery only if its length is no more than— if a fishery provision about the fishery states that a primary boat longer than a stated length must not be used in the fishery—the stated length; or otherwise—25m. s 36 sub 2020 SL No. 236 s 89
A tender boat may be used in a commercial fishery only if— either— the tender boat’s primary boat— may be used in the fishery; and is not being used in another commercial fishery; or there is no primary boat identified in the licence; and the tender boat’s length is no more than 10m. Subsection (1) (a) (i) (B) does not apply in relation to the use of a tender boat in a commercial fishery if the other commercial fishery in which the primary boat is being used is a crab fishery. s 37 sub 2020 SL No. 236 s 89 amd 2021 SL No. 29 s 4 (sec.37-ssec.1) A tender boat may be used in a commercial fishery only if— either— the tender boat’s primary boat— may be used in the fishery; and is not being used in another commercial fishery; or there is no primary boat identified in the licence; and the tender boat’s length is no more than 10m. (sec.37-ssec.2) Subsection (1) (a) (i) (B) does not apply in relation to the use of a tender boat in a commercial fishery if the other commercial fishery in which the primary boat is being used is a crab fishery.
If a primary boat or a tender boat for a primary boat is used to take N11 fish under section 32 (5) , the N11 fish cannot be sold under the licence unless the fishery symbol ‘N11’ is written on the licence. s 38 sub 2020 SL No. 236 s 89
This section prescribes a condition for an M1, M2, T1 or T2 licence. The holder of the licence may modify the primary boat identified in the licence only if— the modification does not change the number of hull units for the boat; or the modification is of a kind allowed under section 40 . s 39 sub 2020 SL No. 236 s 89 (sec.39-ssec.1) This section prescribes a condition for an M1, M2, T1 or T2 licence. (sec.39-ssec.2) The holder of the licence may modify the primary boat identified in the licence only if— the modification does not change the number of hull units for the boat; or the modification is of a kind allowed under section 40 .
The chief executive may amend or replace an M1, M2, T1 or T2 licence to allow the primary boat identified in the licence to be modified or replaced only if the modification or replacement does not result in the hull units for the boat being more than 120. s 40 sub 2020 SL No. 236 ss 89 , 128
This section prescribes a condition for a T5, T6, T7, T8 or T9 licence. The holder of the licence may modify the primary boat identified in the licence only if— the modification does not change the boat’s main engine power or its length; or the modification is of a kind allowed under section 42 . s 41 sub 2020 SL No. 236 s 89 (sec.41-ssec.1) This section prescribes a condition for a T5, T6, T7, T8 or T9 licence. (sec.41-ssec.2) The holder of the licence may modify the primary boat identified in the licence only if— the modification does not change the boat’s main engine power or its length; or the modification is of a kind allowed under section 42 .
The chief executive may amend or replace a T5, T6, T7, T8 or T9 licence to allow the primary boat identified in the licence to be modified or replaced only if the modified or replacement boat is no longer than 14m. s 42 amd 2020 SL No. 236 s 7 sub 2020 SL No. 236 s 89
The holder of a commercial fisher licence may do any of the following under the licence— buy commercial fishing apparatus; possess commercial fishing apparatus; use commercial fishing apparatus, but only while acting under a primary commercial fishing licence authorising the use of the apparatus; take fish for trade or commerce, but only while acting under a primary commercial fishing licence; possess fish taken as mentioned in paragraph (d) ; sell fish taken as mentioned in paragraph (d) ; process fish taken as mentioned in paragraph (d) . However, a commercial fisher may take fish for trade or commerce without using a boat only in a hand-harvest only commercial fishery. s 43 sub 2020 SL No. 236 s 89 (sec.43-ssec.1) The holder of a commercial fisher licence may do any of the following under the licence— buy commercial fishing apparatus; possess commercial fishing apparatus; use commercial fishing apparatus, but only while acting under a primary commercial fishing licence authorising the use of the apparatus; take fish for trade or commerce, but only while acting under a primary commercial fishing licence; possess fish taken as mentioned in paragraph (d) ; sell fish taken as mentioned in paragraph (d) ; process fish taken as mentioned in paragraph (d) . (sec.43-ssec.2) However, a commercial fisher may take fish for trade or commerce without using a boat only in a hand-harvest only commercial fishery.
Subject to subsections (2) to (5) , the holder of 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 43 . An assistant fisher may do a thing mentioned in section 43 (1) (b) to (d) under a commercial fisher licence only if the assistant fisher is acting under direction of the commercial fisher. An assistant fisher may do a thing mentioned in section 43 (1) (e) to (g) under a commercial fisher licence on a boat only if the assistant fisher is acting under direction of the commercial fisher. An assistant fisher may do a thing mentioned in section 43 (1) (e) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions. An assistant fisher is not authorised to do a thing mentioned in section 43 in a commercial fishery if a fishery provision about the commercial fishery states that only a commercial fisher may do the thing. s 44 sub 2020 SL No. 236 s 89 (sec.44-ssec.1) Subject to subsections (2) to (5) , the holder of 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 43 . (sec.44-ssec.2) An assistant fisher may do a thing mentioned in section 43 (1) (b) to (d) under a commercial fisher licence only if the assistant fisher is acting under direction of the commercial fisher. (sec.44-ssec.3) An assistant fisher may do a thing mentioned in section 43 (1) (e) to (g) under a commercial fisher licence on a boat only if the assistant fisher is acting under direction of the commercial fisher. (sec.44-ssec.4) An assistant fisher may do a thing mentioned in section 43 (1) (e) or (g) under a commercial fisher licence, other than on a boat, only if the assistant fisher complies with the commercial fisher’s instructions. (sec.44-ssec.5) An assistant fisher is not authorised to do a thing mentioned in section 43 in a commercial fishery if a fishery provision about the commercial fishery states that only a commercial fisher may do the thing.
For the commercial trawl fishery (fin fish), an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are— on the same boat; or on different boats but the assistant fisher is on a tender boat that is not a trawler. s 45 sub 2020 SL No. 236 s 89
For the east coast trawl fishery, an assistant fisher is under direction of a commercial fisher only if the assistant fisher and the commercial fisher are— on the same boat; or on different boats but the assistant fisher is on a tender boat. s 46 sub 2020 SL No. 236 s 89
This section states when an assistant fisher is under direction of a commercial fisher for a commercial fishery other than a commercial fishery mentioned in section 45 or 46 . The assistant fisher is under direction of the commercial fisher if— the assistant fisher and commercial fisher are engaged in— the same fishing operation in the commercial fishery; or 2 fishing operations in 2 commercial fisheries, if the 2 commercial fisheries are commercial fisheries that a person is authorised to take fish in at the same time under section 13 ; and the assistant fisher is acting in accordance with the commercial fisher’s instructions. s 47 sub 2020 SL No. 236 s 89 (sec.47-ssec.1) This section states when an assistant fisher is under direction of a commercial fisher for a commercial fishery other than a commercial fishery mentioned in section 45 or 46 . (sec.47-ssec.2) The assistant fisher is under direction of the commercial fisher if— the assistant fisher and commercial fisher are engaged in— the same fishing operation in the commercial fishery; or 2 fishing operations in 2 commercial fisheries, if the 2 commercial fisheries are commercial fisheries that a person is authorised to take fish in at the same time under section 13 ; and the assistant fisher is acting in accordance with the commercial fisher’s instructions.
This division prescribes a condition for a commercial fisher licence. s 48 sub 2020 SL No. 236 s 89
This section applies to a commercial fisher who is acting under a primary commercial fishing licence to take fish without a boat. The commercial fisher must display a notice— adjacent to the place on the land from which the fisher is taking fish under the primary commercial fishing licence; and stating the licence number for the primary commercial fishing licence. For the notice— each letter or number must have a height of at least 20cm; and each stroke or serif of the letter or number must have a width of at least 2cm. s 49 sub 2020 SL No. 236 s 89 (sec.49-ssec.1) This section applies to a commercial fisher who is acting under a primary commercial fishing licence to take fish without a boat. (sec.49-ssec.2) The commercial fisher must display a notice— adjacent to the place on the land from which the fisher is taking fish under the primary commercial fishing licence; and stating the licence number for the primary commercial fishing licence. (sec.49-ssec.3) For the notice— each letter or number must have a height of at least 20cm; and each stroke or serif of the letter or number must have a width of at least 2cm.
s 50 om 2020 SL No. 236 s 89
s 51 om 2020 SL No. 236 s 89
s 52 om 2020 SL No. 236 s 89
The chief executive may write a fishery symbol only on a primary commercial fishing licence. A reference to a licence in this part is a reference to a primary commercial fishing licence. s 53 sub 2020 SL No. 236 s 90 (sec.53-ssec.1) The chief executive may write a fishery symbol only on a primary commercial fishing licence. (sec.53-ssec.2) A reference to a licence in this part is a reference to a primary commercial fishing licence.
The chief executive may write a fishery symbol on a licence only if— the chief executive must move the fishery symbol to the licence under section 63 ; or the licence is a replacement of a licence on which the symbol was written. However, the chief executive may write the fishery symbol ‘E’ on a licence only if the licence is a replacement of a licence on which the symbol was written. Under the Fisheries (General) Regulation 2019 , section 34 , E licences are not transferable. Subsection (1) does not apply to the fishery symbol ‘N15’ until 1 July 2024. Also, subsection (1) does not apply to the fishery symbol ‘NX’. The ‘NX’ symbol stops having effect on 30 June 2027 at the end of the day—see section 180 . s 54 sub 2020 SL No. 236 s 90 amd 2023 SL No. 194 s 7 (sec.54-ssec.1) The chief executive may write a fishery symbol on a licence only if— the chief executive must move the fishery symbol to the licence under section 63 ; or the licence is a replacement of a licence on which the symbol was written. (sec.54-ssec.2) However, the chief executive may write the fishery symbol ‘E’ on a licence only if the licence is a replacement of a licence on which the symbol was written. Under the Fisheries (General) Regulation 2019 , section 34 , E licences are not transferable. (sec.54-ssec.3) Subsection (1) does not apply to the fishery symbol ‘N15’ until 1 July 2024. (sec.54-ssec.4) Also, subsection (1) does not apply to the fishery symbol ‘NX’. The ‘NX’ symbol stops having effect on 30 June 2027 at the end of the day—see section 180 .
s 55 om 2020 SL No. 236 s 90
The chief executive must not write the same fishery symbol, other than the fishery symbol ‘C1’,‘C3’, ‘N3’ or ‘T4’, more than once on a licence.
The chief executive must not write the fishery symbol ‘N3’ on a licence on which the fishery symbol ‘N12’ or ‘N13’ is written. The chief executive must not write the fishery symbol ‘N12’ on— a licence on which the fishery symbol ‘N3’ or ‘N13’ is written; or more than 3 primary commercial fishing licences. The chief executive must not write the fishery symbol ‘N13’ on a licence on which the fishery symbol ‘N3’ or ‘N12’ is written. s 57 amd 2020 SL No. 236 s 124 sch 2 (sec.57-ssec.1) The chief executive must not write the fishery symbol ‘N3’ on a licence on which the fishery symbol ‘N12’ or ‘N13’ is written. (sec.57-ssec.2) The chief executive must not write the fishery symbol ‘N12’ on— a licence on which the fishery symbol ‘N3’ or ‘N13’ is written; or more than 3 primary commercial fishing licences. (sec.57-ssec.3) The chief executive must not write the fishery symbol ‘N13’ on a licence on which the fishery symbol ‘N3’ or ‘N12’ is written.
The chief executive must not write— the ‘M2’ fishery symbol on a licence on which the fishery symbol ‘M1’, ‘T1’ or ‘T2’ is written; or the ‘T2’ fishery symbol on a licence on which the fishery symbol ‘M1’ or ‘T1’ is written; or the ‘M1’ fishery symbol on a licence on which the fishery symbol ‘T1’ is not written. (sec.58-ssec.1) The chief executive must not write— the ‘M2’ fishery symbol on a licence on which the fishery symbol ‘M1’, ‘T1’ or ‘T2’ is written; or the ‘T2’ fishery symbol on a licence on which the fishery symbol ‘M1’ or ‘T1’ is written; or the ‘M1’ fishery symbol on a licence on which the fishery symbol ‘T1’ is not written.
The chief executive must not— write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat that has more than 120 hull units; or write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat longer than 14m; or write an ‘M2’ fishery symbol on a licence allowing the use of a boat if the hull units of the boat are more than the hull units for a boat that may be used under the licence from which the fishery symbol is being moved. Subsection (1) (c) does not apply if the holder of the licence surrenders another M2 licence. s 59 amd 2020 SL No. 236 s 129 (sec.59-ssec.1) The chief executive must not— write an ‘M1’, ‘T1’ or ‘T2’ fishery symbol on a licence allowing the use of a boat that has more than 120 hull units; or write a ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ fishery symbol on a licence allowing the use of a boat longer than 14m; or write an ‘M2’ fishery symbol on a licence allowing the use of a boat if the hull units of the boat are more than the hull units for a boat that may be used under the licence from which the fishery symbol is being moved. (sec.59-ssec.2) Subsection (1) (c) does not apply if the holder of the licence surrenders another M2 licence.
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 about the fishery. However, the chief executive may write a fishery symbol on a licence (other than a licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written) (the second licence ) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the fishery provision about the fishery if— a person has applied, under section 62 , to move the fishery symbol from another licence (the first licence ) to the second licence; and the boat to be used under the second licence is no longer than the lesser of the following— 20m; the length of a boat that is allowed to be used under the first licence. (sec.60-ssec.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 about the fishery. (sec.60-ssec.2) However, the chief executive may write a fishery symbol on a licence (other than a licence on which the fishery symbol ‘M1’, ‘M2’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’ is written) (the second licence ) allowing the use in a commercial fishery of a boat that is longer than the length permitted under the fishery provision about the fishery if— a person has applied, under section 62 , to move the fishery symbol from another licence (the first licence ) to the second licence; and the boat to be used under the second licence is no longer than the lesser of the following— 20m; the length of a boat that is allowed to be used under the first licence.
In this division— administrative conditions ... s 61 def administrative conditions om 2020 SL No. 236 s 91 (1) authorised tender boat number , for a fishery symbol stated on a primary commercial fishing licence, means the authorised number of tender boats for the symbol stated on the licence under the Fisheries (General) Regulation 2019 , section 32 . s 61 def authorised tender boat number sub 2020 SL No. 236 s 91 (2) first licence see section 62 (1) (a) . second licence see section 62 (1) (b) .
This section applies if— a fishery symbol is written on a primary commercial fishing licence (the first licence ); and the fishery symbol may, under this part, be written on another primary commercial fishing licence (the second licence ). 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 tender boat number for the symbol from the first licence to the second licence. The application must be— in the approved form; and accompanied by— the fee prescribed under the Fisheries (General) Regulation 2019 , schedule 6 ; and the written approval of each person, other than the holder of the first licence, who has a registered interest in the first licence. The application may be made even if the same person holds the first licence and second licence. However, an application can not be made by a person who holds a licence because of a temporary transfer. Also, an application cannot be made for the ‘E’ fishery symbol. s 62 amd 2020 SL No. 236 s 92 (sec.62-ssec.1) This section applies if— a fishery symbol is written on a primary commercial fishing licence (the first licence ); and the fishery symbol may, under this part, be written on another primary commercial fishing licence (the second licence ). (sec.62-ssec.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 tender boat number for the symbol from the first licence to the second licence. (sec.62-ssec.3) The application must be— in the approved form; and accompanied by— the fee prescribed under the Fisheries (General) Regulation 2019 , schedule 6 ; and the written approval of each person, other than the holder of the first licence, who has a registered interest in the first licence. (sec.62-ssec.4) The application may be made even if the same person holds the first licence and second licence. (sec.62-ssec.5) However, an application can not be made by a person who holds a licence because of a temporary transfer. (sec.62-ssec.6) Also, an application cannot be made for the ‘E’ fishery symbol.
This section applies if— an application to move a fishery symbol to a licence is made under section 62 ; and the fishery symbol may, under this part, be written on the licence. The chief executive must move the fishery symbol and the authorised tender boat number for the symbol from the first licence to the second licence by removing from the first licence, and writing on the second licence— the fishery symbol; and the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and any administrative licence conditions applying to the fishery symbol. The action required to be taken by the chief executive under subsection (2) may be done automatically by an online system established by the chief executive for that purpose, or purposes including that purpose. In this section— administrative licence conditions means conditions of a licence imposed by the chief executive under section 61 of the Act . s 63 sub 2020 SL No. 236 s 93 (sec.63-ssec.1) This section applies if— an application to move a fishery symbol to a licence is made under section 62 ; and the fishery symbol may, under this part, be written on the licence. (sec.63-ssec.2) The chief executive must move the fishery symbol and the authorised tender boat number for the symbol from the first licence to the second licence by removing from the first licence, and writing on the second licence— the fishery symbol; and the authorised tender boat number for the fishery symbol and the brackets containing the authorised tender boat number; and any administrative licence conditions applying to the fishery symbol. (sec.63-ssec.3) The action required to be taken by the chief executive under subsection (2) may be done automatically by an online system established by the chief executive for that purpose, or purposes including that purpose. (sec.63-ssec.4) In this section— administrative licence conditions means conditions of a licence imposed by the chief executive under section 61 of the Act .
s 64 om 2020 SL No. 236 s 93
s 65 om 2020 SL No. 236 s 93
Effort year means the period from midday on 1 January to midday on 1 January in the next year.
In this part, a reference to a day is— the period of 24 hours from midday to midday; or if the chief executive is given at least 24 hours notice that a different period is to apply under subsection (2) or (3) for a day—the period of 24 hours stated in the notice. The holder of a trawl licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from midnight to midnight. Also, the holder of an M1 licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from 6p.m. to 6p.m. In this section— notice includes a notice given by facsimile, radio or telephone. s 67 amd 2020 SL No. 236 s 130 (sec.67-ssec.1) In this part, a reference to a day is— the period of 24 hours from midday to midday; or if the chief executive is given at least 24 hours notice that a different period is to apply under subsection (2) or (3) for a day—the period of 24 hours stated in the notice. (sec.67-ssec.2) The holder of a trawl licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from midnight to midnight. (sec.67-ssec.3) Also, the holder of an M1 licence in relation to which effort units for a trawl region are to be used may notify the chief executive that the day is to be the period of 24 hours from 6p.m. to 6p.m. (sec.67-ssec.4) In this section— notice includes a notice given by facsimile, radio or telephone.
This division states the quota entitlement for effort units for a trawl region. s 68 amd 2020 SL No. 236 s 131
The holder of effort units for a trawl region may, in an effort year, use, or allow someone else to use, the primary boat identified in a trawl licence also held by the holder— until all the effort units for the region for the year have been used; and for 4 additional days (each a steaming day ). The authorisation under this section for an effort year— is the holder’s entitlement under the holder’s effort units for the trawl region for the effort year; and imposes a quota on the entitlement for the effort year. s 69 amd 2020 SL No. 236 ss 124 sch 2 , 132 (sec.69-ssec.1) The holder of effort units for a trawl region may, in an effort year, use, or allow someone else to use, the primary boat identified in a trawl licence also held by the holder— until all the effort units for the region for the year have been used; and for 4 additional days (each a steaming day ). (sec.69-ssec.2) The authorisation under this section for an effort year— is the holder’s entitlement under the holder’s effort units for the trawl region for the effort year; and imposes a quota on the entitlement for the effort year.
The entitlement under effort units for a trawl region is used for an effort year— when the holder of, or a person acting under, the effort units has used all the effort units for the year and used the primary boat identified in a trawl licence for all the steaming days for the units; or section 71 applies. Effort units for a trawl region are used when the holder, or anyone else allowed by the holder, has used the primary boat identified in a trawl licence in the region on a day. The number of effort units used on the day is worked out by applying the following formula— where— EU means the number of effort units used on the day. EUCF means the effort unit conversion factor for the primary boat used stated in schedule 10 opposite the number of hull units for the boat. If the primary boat is used in any part of a day, the boat is taken to have been used for the whole of the day. If because of a notice given under section 67 , the period of a day changes, the use of the primary boat at any time must not be counted twice in working out whether the boat has been used on a day. The day applying to the holder of effort units, under section 67 , is midday to midday (the existing 24-hour period ). The holder gives the chief executive 24 hours notice, under section 67 (2) , to change the day applying to the holder to be midnight to midnight (the new 24-hour period ). The primary boat is used in the 24 hours leading up to the first midnight of the new 24-hour period. The use of the boat during those 24 hours may be counted only for the existing 24-hour period, even if the primary boat is used after midday. The unused entitlement under effort units for a trawl region for an effort year is the number of effort units for the trawl region and the steaming days that have not been used for the effort year under any trawl licence held by the holder of the effort units. s 70 amd 2020 SL No. 236 s 133 (sec.70-ssec.1) The entitlement under effort units for a trawl region is used for an effort year— when the holder of, or a person acting under, the effort units has used all the effort units for the year and used the primary boat identified in a trawl licence for all the steaming days for the units; or section 71 applies. (sec.70-ssec.2) Effort units for a trawl region are used when the holder, or anyone else allowed by the holder, has used the primary boat identified in a trawl licence in the region on a day. (sec.70-ssec.3) The number of effort units used on the day is worked out by applying the following formula— where— EU means the number of effort units used on the day. EUCF means the effort unit conversion factor for the primary boat used stated in schedule 10 opposite the number of hull units for the boat. (sec.70-ssec.4) If the primary boat is used in any part of a day, the boat is taken to have been used for the whole of the day. (sec.70-ssec.5) If because of a notice given under section 67 , the period of a day changes, the use of the primary boat at any time must not be counted twice in working out whether the boat has been used on a day. The day applying to the holder of effort units, under section 67 , is midday to midday (the existing 24-hour period ). The holder gives the chief executive 24 hours notice, under section 67 (2) , to change the day applying to the holder to be midnight to midnight (the new 24-hour period ). The primary boat is used in the 24 hours leading up to the first midnight of the new 24-hour period. The use of the boat during those 24 hours may be counted only for the existing 24-hour period, even if the primary boat is used after midday. (sec.70-ssec.6) The unused entitlement under effort units for a trawl region for an effort year is the number of effort units for the trawl region and the steaming days that have not been used for the effort year under any trawl licence held by the holder of the effort units.
This section applies if, in an effort year, the holder of effort units for a trawl region uses the primary boat identified in a trawl licence in the trawl region for a number of days that is less than the entitlement under the holder’s effort units. The holder is taken, at the end of the effort year, to have used all the entitlement under the effort units for the trawl region held by the holder for the effort year. s 71 amd 2020 SL No. 236 s 134 (sec.71-ssec.1) This section applies if, in an effort year, the holder of effort units for a trawl region uses the primary boat identified in a trawl licence in the trawl region for a number of days that is less than the entitlement under the holder’s effort units. (sec.71-ssec.2) The holder is taken, at the end of the effort year, to have used all the entitlement under the effort units for the trawl region held by the holder for the effort year.
This section applies if the chief executive becomes aware that the total entitlement under all the effort units for a trawl region for a particular effort year— has been used; or is likely to be used in the next month. The chief executive must immediately give each holder of a trawl licence a written notice (a usage notice ) stating— if the total entitlement has been used— the day the total entitlement was used; and the day the regulated period starts under the Fisheries Declaration 2019 , section 92 (3) ; or if the total entitlement is likely to be used in the next month—that the total entitlement is likely to be used in the next month. s 72 amd 2020 SL No. 236 s 136 (sec.72-ssec.1) This section applies if the chief executive becomes aware that the total entitlement under all the effort units for a trawl region for a particular effort year— has been used; or is likely to be used in the next month. (sec.72-ssec.2) The chief executive must immediately give each holder of a trawl licence a written notice (a usage notice ) stating— if the total entitlement has been used— the day the total entitlement was used; and the day the regulated period starts under the Fisheries Declaration 2019 , section 92 (3) ; or if the total entitlement is likely to be used in the next month—that the total entitlement is likely to be used in the next month.
This section prescribes a condition for a trawl licence that applies if the holder of the licence is given a usage notice. The holder of the licence must ensure that every person acting under the licence is aware of the matters mentioned in the usage notice. Subsection (4) applies if the usage notice states that the total entitlement is likely to be used in the next month. A person in control of a relevant boat under the licence must use the AIVR system, on each day the boat is to be used to take fish under the licence, to obtain the following information before any person starts using the boat to take fish on that day— whether the total entitlement has been used; if the person finds out by using the AIVR system that the total entitlement has been used on that day or an earlier day—the day the regulated period will start under the Fisheries Declaration 2019 , section 92 (3) . A person in control of a relevant boat under the licence complies with subsection (4) if another person obtains the information, in compliance with that subsection, for the person in control of the boat. In this section— relevant boat , under a trawl licence, means a boat that is to be used to take fish under the licence from the reef world heritage area regulated waters. s 73 amd 2020 SL No. 236 s 137 (sec.73-ssec.1) This section prescribes a condition for a trawl licence that applies if the holder of the licence is given a usage notice. (sec.73-ssec.2) The holder of the licence must ensure that every person acting under the licence is aware of the matters mentioned in the usage notice. (sec.73-ssec.3) Subsection (4) applies if the usage notice states that the total entitlement is likely to be used in the next month. (sec.73-ssec.4) A person in control of a relevant boat under the licence must use the AIVR system, on each day the boat is to be used to take fish under the licence, to obtain the following information before any person starts using the boat to take fish on that day— whether the total entitlement has been used; if the person finds out by using the AIVR system that the total entitlement has been used on that day or an earlier day—the day the regulated period will start under the Fisheries Declaration 2019 , section 92 (3) . (sec.73-ssec.5) A person in control of a relevant boat under the licence complies with subsection (4) if another person obtains the information, in compliance with that subsection, for the person in control of the boat. (sec.73-ssec.6) In this section— relevant boat , under a trawl licence, means a boat that is to be used to take fish under the licence from the reef world heritage area regulated waters.
This section applies if the primary boat identified in a trawl licence is detected by vessel tracking equipment or manually reported at any time during a day (the relevant day ) within a trawl region. The detection or manual report is evidence the holder of the licence has used the boat for a whole day for effort units for the trawl region. However, subsection (2) does not apply if— an exception stated in this subdivision applies for the relevant day; or the chief executive decides on information provided by the holder of the licence that the boat was not used on the relevant day. As soon as practicable after making a decision under subsection (3) (b) , the chief executive must give each person to whom the decision relates an information notice about the decision. s 74 amd 2020 SL No. 236 s 138 (sec.74-ssec.1) This section applies if the primary boat identified in a trawl licence is detected by vessel tracking equipment or manually reported at any time during a day (the relevant day ) within a trawl region. (sec.74-ssec.2) The detection or manual report is evidence the holder of the licence has used the boat for a whole day for effort units for the trawl region. (sec.74-ssec.3) However, subsection (2) does not apply if— an exception stated in this subdivision applies for the relevant day; or the chief executive decides on information provided by the holder of the licence that the boat was not used on the relevant day. (sec.74-ssec.4) As soon as practicable after making a decision under subsection (3) (b) , the chief executive must give each person to whom the decision relates an information notice about the decision.
It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as— not having moved; or having moved at a speed of at least 5 knots. For subsection (1) (b) , if a boat is detected by vessel tracking equipment or manually reported as having moved continuously during a period, the first or last time the boat is detected or manually reported during the period must be disregarded if, at the time, the boat is detected or manually reported as moving at a speed of less than 5 knots. (sec.75-ssec.1) It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as— not having moved; or having moved at a speed of at least 5 knots. (sec.75-ssec.2) For subsection (1) (b) , if a boat is detected by vessel tracking equipment or manually reported as having moved continuously during a period, the first or last time the boat is detected or manually reported during the period must be disregarded if, at the time, the boat is detected or manually reported as moving at a speed of less than 5 knots.
It is an exception if, during the whole of the relevant day, the boat is detected by vessel tracking equipment or manually reported as— not having moved; or having moved no more than the following distance from where the boat was first detected on the day— if the boat is detected or manually reported as being in the deep water net area during any part of the day—1,000m; otherwise—250m.
It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, any of the following journeys— from a defined port area to another defined port area; from a defined port area to a place outside the fishery area of the east coast trawl fishery; from a place outside the fishery area of the east coast trawl fishery to a defined port area; from a place outside the fishery area of the east coast trawl fishery to another place outside the fishery area of the east coast trawl fishery; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; the place the journey will start; the proposed destination; the estimated date and time of arrival at the destination; if the movement involves entering or leaving the fishery area of the east coast trawl fishery—each entry or leaving; the reason for the journey; if any fish taken outside the fishery area of the east coast trawl fishery are on board the boat—the holder of the licence or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery are on board the boat; and section 80 of the Act is complied with for the boat; and all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom. Subsection (2) (e) (iii) does not apply if the journey is from a defined port area to the nearest northerly or southerly defined port area. Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) or (v) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice. In this section— permitted fish see schedule 2 , section 4 . (sec.77-ssec.1) It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. (sec.77-ssec.2) For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, any of the following journeys— from a defined port area to another defined port area; from a defined port area to a place outside the fishery area of the east coast trawl fishery; from a place outside the fishery area of the east coast trawl fishery to a defined port area; from a place outside the fishery area of the east coast trawl fishery to another place outside the fishery area of the east coast trawl fishery; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; the place the journey will start; the proposed destination; the estimated date and time of arrival at the destination; if the movement involves entering or leaving the fishery area of the east coast trawl fishery—each entry or leaving; the reason for the journey; if any fish taken outside the fishery area of the east coast trawl fishery are on board the boat—the holder of the licence or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery are on board the boat; and section 80 of the Act is complied with for the boat; and all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom. (sec.77-ssec.3) Subsection (2) (e) (iii) does not apply if the journey is from a defined port area to the nearest northerly or southerly defined port area. (sec.77-ssec.4) Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) or (v) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice. (sec.77-ssec.5) In this section— permitted fish see schedule 2 , section 4 .
It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus; the destination for the journey is no more than 1n mile from where the journey started; the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey— the date and time the journey will start; the place the journey will start; the proposed destination; the estimated date and time of arrival at the destination; the reason for the journey; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish are taken by the use of a trawl net in the fishery area of the east coast trawl fishery; and the cod ends of each trawl net on or attached to the boat are open; and section 80 of the Act is complied with for the boat. (sec.78-ssec.1) It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. (sec.78-ssec.2) For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus; the destination for the journey is no more than 1n mile from where the journey started; the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey— the date and time the journey will start; the place the journey will start; the proposed destination; the estimated date and time of arrival at the destination; the reason for the journey; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish are taken by the use of a trawl net in the fishery area of the east coast trawl fishery; and the cod ends of each trawl net on or attached to the boat are open; and section 80 of the Act is complied with for the boat.
It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. For subsection (1) (b) , the conditions are as follows— the boat is being used during the journey other than under an ‘M1’, ‘T1’ or ‘T2’ fishery symbol; the movement is, or is part of, a journey that started from a defined port area; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; where the journey will start; the proposed destination; the estimated date and time of arrival at the destination; each authority or fishery symbol under which the boat will be used during the journey; the activities for which the boat will be used during the journey; the date and time the use of the boat under the authority or fishery symbol mentioned in subparagraph (v) will stop; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— section 80 of the Act is complied with for the boat; and if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the fishery area of the east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery, on board the boat. Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) , (v) or (vi) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice. (sec.79-ssec.1) It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. (sec.79-ssec.2) For subsection (1) (b) , the conditions are as follows— the boat is being used during the journey other than under an ‘M1’, ‘T1’ or ‘T2’ fishery symbol; the movement is, or is part of, a journey that started from a defined port area; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; where the journey will start; the proposed destination; the estimated date and time of arrival at the destination; each authority or fishery symbol under which the boat will be used during the journey; the activities for which the boat will be used during the journey; the date and time the use of the boat under the authority or fishery symbol mentioned in subparagraph (v) will stop; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— section 80 of the Act is complied with for the boat; and if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the fishery area of the east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery, on board the boat. (sec.79-ssec.3) Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) , (v) or (vi) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice.
It is an exception if the detection by vessel tracking equipment or manual reporting is within 1 or more of the following— the southern offshore trawl region A, the southern offshore trawl region B, or the southern inshore trawl region, in a period mentioned in the Fisheries Declaration 2019 , section 110A ; the Swain Reefs and Hydrographers Passage regulated waters in the regulated period under the Fisheries Declaration 2019 , section 87 (2) ; the following regulated waters— Currumbin Beach Moreton Bay outside the Moreton Bay trawl region Moreton Bay (including The Broadwater) Maroochy River and ocean foreshores (netting) Laguna Bay area Rainbow Beach Wide Bay Bar Hook Point to Taleerba Creek, Fraser Island Hervey Bay (commercial netting) Gladstone offshore area Yeppoon offshore area Keppel Bay near Middle Island Observatory Swain Reefs Shoalwater Bay Grasstree Island area Pioneer River mouth Egremont Pass Closure Refuge Bay on Scawfell Island Pioneer Bay Hook Island (fishing) Bowen to Cairns offshore area Townsville Harbour and Cleveland Bay Rollingstone Creek Townsville to Cape York Peninsula offshore area Yanks Jetty at Orpheus Island Herbert River Hinchinbrook Channel (all nets) Mission Beach Etty Bay area Fitzroy Island–High Island Mission Bay Trinity Bay Yorkeys Knob to Simpson Point Island Point to the Daintree River Grave Point to Indian Head Cape Bedford to Murray Reefs Cape Flattery to Lookout Point Lookout Point to Baron Reef Barrow Point to Bizant River Marrett River to Rocky River Rocky River to latitude 13º08.91' south Round Point to Fly Point near Cape York Peninsula tip of Cape York Peninsula latitude 13º08.91' south to Thorpe Point. s 80 amd 2020 SL No. 236 s 139
This section applies for a notice to the chief executive under this subdivision. The notice may relate to a continuous period of more than 1 day. The notice may be given to the chief executive by— telephone to a telecommunications service provider, for the chief executive, published on the department’s website; or using vessel tracking equipment in a way that ensures— the notice is given to, and received by, the chief executive instantaneously; and the chief executive can readily access the information in the notice. The chief executive may make guidelines for how to give the notice under subsection (3) (b) . The notice is taken to have been given under subsection (3) (b) if, to the extent they are relevant, the guidelines are complied with. (sec.81-ssec.1) This section applies for a notice to the chief executive under this subdivision. (sec.81-ssec.2) The notice may relate to a continuous period of more than 1 day. (sec.81-ssec.3) The notice may be given to the chief executive by— telephone to a telecommunications service provider, for the chief executive, published on the department’s website; or using vessel tracking equipment in a way that ensures— the notice is given to, and received by, the chief executive instantaneously; and the chief executive can readily access the information in the notice. (sec.81-ssec.4) The chief executive may make guidelines for how to give the notice under subsection (3) (b) . (sec.81-ssec.5) The notice is taken to have been given under subsection (3) (b) if, to the extent they are relevant, the guidelines are complied with.
This section applies if at any time during a day (the relevant time )— section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and the boat is not detected by vessel tracking equipment anywhere; and the boat’s location is not manually reported. The absence of the detection or manual report is evidence that the boat was used at the relevant time for effort units for the trawl region. Under section 70 (4) , a boat used in any part of a day is taken to be used for the whole of the day for working out usage of effort units. However, subsection (2) does not apply if the chief executive decides on information provided by the holder of the licence that the boat was not used in the trawl region at the relevant time. As soon as practicable after making a decision under subsection (3) , the chief executive must give each person to whom the decision relates an information notice about the decision. s 82 amd 2020 SL No. 236 ss 8 , 140 (sec.82-ssec.1) This section applies if at any time during a day (the relevant time )— section 80 of the Act applied to the use, in a trawl region, of the primary boat identified in a trawl licence; and the boat is not detected by vessel tracking equipment anywhere; and the boat’s location is not manually reported. (sec.82-ssec.2) The absence of the detection or manual report is evidence that the boat was used at the relevant time for effort units for the trawl region. Under section 70 (4) , a boat used in any part of a day is taken to be used for the whole of the day for working out usage of effort units. (sec.82-ssec.3) However, subsection (2) does not apply if the chief executive decides on information provided by the holder of the licence that the boat was not used in the trawl region at the relevant time. (sec.82-ssec.4) As soon as practicable after making a decision under subsection (3) , the chief executive must give each person to whom the decision relates an information notice about the decision.
SM year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.
The whole weight of whole spanish mackerel is the weight, in kilograms, of the spanish mackerel. The whole weight of spanish mackerel that is filleted, gilled and gutted, or trunked is the weight worked out using the following formula— where— WW is the whole weight, in kilograms, of the spanish mackerel. W is the weight, in kilograms, of the spanish mackerel. CF is— for filleted spanish mackerel—1.61; or for gilled and gutted spanish mackerel—1.05; or for trunked spanish mackerel—1.18. The whole weight of a number of the spanish mackerel mentioned in subsection (2) is the weight worked out by using the following formula— where— WW is the whole weight, in kilograms, of the spanish mackerel, worked out under subsection (2) . N is the number of spanish mackerel. (sec.84-ssec.1) The whole weight of whole spanish mackerel is the weight, in kilograms, of the spanish mackerel. (sec.84-ssec.2) The whole weight of spanish mackerel that is filleted, gilled and gutted, or trunked is the weight worked out using the following formula— where— WW is the whole weight, in kilograms, of the spanish mackerel. W is the weight, in kilograms, of the spanish mackerel. CF is— for filleted spanish mackerel—1.61; or for gilled and gutted spanish mackerel—1.05; or for trunked spanish mackerel—1.18. (sec.84-ssec.3) The whole weight of a number of the spanish mackerel mentioned in subsection (2) is the weight worked out by using the following formula— where— WW is the whole weight, in kilograms, of the spanish mackerel, worked out under subsection (2) . N is the number of spanish mackerel.
This division states the quota entitlement for SM units.
The holder of, or a person acting under, an SM unit may take, in an SM year, the weight of spanish mackerel worked out by dividing the total quota entitlement for spanish mackerel for the SM year by the total number of SM units that have been issued. The authorisation for an SM year under subsection (1) — is the holder’s entitlement under the SM unit for the SM year; and imposes a quota on the entitlement for the SM year. However, the entitlement applies only while the holder holds an SM licence that is in force. In this section— total quota entitlement , for spanish mackerel, for an SM year, means the total quota entitlement stated for spanish mackerel in the quota declaration for the spanish mackerel commercial fishery for the SM year. For the SM year starting on 1 July 2025, see section 181 . s 86 amd 2026 SL No. 5 s 4 (sec.86-ssec.1) The holder of, or a person acting under, an SM unit may take, in an SM year, the weight of spanish mackerel worked out by dividing the total quota entitlement for spanish mackerel for the SM year by the total number of SM units that have been issued. (sec.86-ssec.2) The authorisation for an SM year under subsection (1) — is the holder’s entitlement under the SM unit for the SM year; and imposes a quota on the entitlement for the SM year. (sec.86-ssec.3) However, the entitlement applies only while the holder holds an SM licence that is in force. (sec.86-ssec.4) In this section— total quota entitlement , for spanish mackerel, for an SM year, means the total quota entitlement stated for spanish mackerel in the quota declaration for the spanish mackerel commercial fishery for the SM year.
The entitlement under an SM unit is used for an SM year— when the holder of, or a person acting under, the SM unit, has taken, in the SM year under any SM licence held by the holder, an amount of (whole weight) spanish mackerel for the SM unit equalling the entitlement under the SM unit; or if section 88 applies. The unused entitlement under an SM unit for an SM year is the amount of (whole weight) spanish mackerel for the SM unit that has not been taken, for the SM year, under any SM licence held by the holder of the SM unit. (sec.87-ssec.1) The entitlement under an SM unit is used for an SM year— when the holder of, or a person acting under, the SM unit, has taken, in the SM year under any SM licence held by the holder, an amount of (whole weight) spanish mackerel for the SM unit equalling the entitlement under the SM unit; or if section 88 applies. (sec.87-ssec.2) The unused entitlement under an SM unit for an SM year is the amount of (whole weight) spanish mackerel for the SM unit that has not been taken, for the SM year, under any SM licence held by the holder of the SM unit.
This section applies if, in an SM year, an SM unit holder takes an amount of spanish mackerel for the SM units that is less than the total entitlements under the holder’s SM units. The holder of, or a person acting under, SM units is taken, at the end of the SM year, to have used all the entitlements under the SM units held by the holder for the SM year. (sec.88-ssec.1) This section applies if, in an SM year, an SM unit holder takes an amount of spanish mackerel for the SM units that is less than the total entitlements under the holder’s SM units. (sec.88-ssec.2) The holder of, or a person acting under, SM units is taken, at the end of the SM year, to have used all the entitlements under the SM units held by the holder for the SM year.
This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for spanish mackerel taken under SM units. The notice is evidence that the holder of the SM units has taken, under the SM units, the whole weight equivalent of the amount of spanish mackerel stated in the notice. For subsection (2) , the whole weight equivalent of the amount of spanish mackerel stated in the notice is— for an amount stated for whole spanish mackerel—the amount stated; or for an amount stated for spanish mackerel that is not whole—the amount worked out in the way stated in section 84 (2) . s 89 amd 2020 SL No. 236 s 141 (sec.89-ssec.1) This section applies if a commercial fisher in control of a fishing operation gives the chief executive a weight notice for spanish mackerel taken under SM units. (sec.89-ssec.2) The notice is evidence that the holder of the SM units has taken, under the SM units, the whole weight equivalent of the amount of spanish mackerel stated in the notice. (sec.89-ssec.3) For subsection (2) , the whole weight equivalent of the amount of spanish mackerel stated in the notice is— for an amount stated for whole spanish mackerel—the amount stated; or for an amount stated for spanish mackerel that is not whole—the amount worked out in the way stated in section 84 (2) .
Line year means a period of 1 year starting on 1 July in a year and ending on 30 June in the next year.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
Each fishery named and described in schedules 2 to 8 is a commercial fishery. Schedules 2 to 8 state the following for each commercial fishery— the fishery symbol; the fishery area; matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example— fish that may be taken in the fishery; and the way in which fish may be taken in the fishery; and persons who may take fish in the fishery; and any other restrictions on a person’s authorisation to take fish in the fishery; conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written. A condition mentioned in subsection (2) (d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2) (c) . s 4 amd 2020 SL No. 236 s 84 (sec.4-ssec.1) Each fishery named and described in schedules 2 to 8 is a commercial fishery. (sec.4-ssec.2) Schedules 2 to 8 state the following for each commercial fishery— the fishery symbol; the fishery area; matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example— fish that may be taken in the fishery; and the way in which fish may be taken in the fishery; and persons who may take fish in the fishery; and any other restrictions on a person’s authorisation to take fish in the fishery; conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written. (sec.4-ssec.3) A condition mentioned in subsection (2) (d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2) (c) .
This section states, for information purposes only, some general matters about the management and operation of commercial fisheries. A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person— is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence. The Fisheries (General) Regulation 2019 together with this regulation provide for— restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and restrictions on writing fishery symbols on primary commercial fishing licences; and what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery. s 5 amd 2020 SL No. 236 s 85 (sec.5-ssec.1) This section states, for information purposes only, some general matters about the management and operation of commercial fisheries. (sec.5-ssec.2) A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person— is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence. (sec.5-ssec.3) The Fisheries (General) Regulation 2019 together with this regulation provide for— restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and restrictions on writing fishery symbols on primary commercial fishing licences; and what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery.
This section states particular matters about the interpretation of a fishery provision about a commercial fishery. In a fishery provision about a commercial fishery— a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a) ; and a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a) ; and a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a) ; and a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d) . s 6 sub 2020 SL No. 236 s 86 (sec.6-ssec.1) This section states particular matters about the interpretation of a fishery provision about a commercial fishery. (sec.6-ssec.2) In a fishery provision about a commercial fishery— a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a) ; and a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a) ; and a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a) ; and a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d) .
This division states particular matters about what a person (the authorised person ) acting under a primary commercial fishing licence on which a fishery symbol for a commercial fishery is written is authorised to do in the fishery under the licence. s 7 amd 2020 SL No. 236 s 124 sch 2
The authorised person may take fish only in a fishery area of the commercial fishery. However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence. Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision. (sec.8-ssec.1) The authorised person may take fish only in a fishery area of the commercial fishery. (sec.8-ssec.2) However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence. (sec.8-ssec.3) Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision.
The authorised person may take only fish that a fishery provision about the commercial fishery states may be taken by the person in the fishery.
If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way. by using only stated fishing apparatus by using stated fishing apparatus only in a stated way by using only a stated number of stated fishing apparatus If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery. Subsection (2) applies even if more than 1 person is acting under the licence. (sec.10-ssec.1) If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way. by using only stated fishing apparatus by using stated fishing apparatus only in a stated way by using only a stated number of stated fishing apparatus (sec.10-ssec.2) If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery. (sec.10-ssec.3) Subsection (2) applies even if more than 1 person is acting under the licence.
This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way. The authorised person may possess, sell or process the fish only in the stated circumstances or stated way. s 10A ins 2020 SL No. 236 s 4 (sec.10A-ssec.1) This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way. (sec.10A-ssec.2) The authorised person may possess, sell or process the fish only in the stated circumstances or stated way.
This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way. The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way. s 10B ins 2020 SL No. 236 s 4 (sec.10B-ssec.1) This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way. (sec.10B-ssec.2) The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way.
This section applies if a fishery provision about the commercial fishery states any of the following (each a restriction )— fish may be taken in the fishery only if there is an unused quota entitlement under a quota authority for the fish; a maximum amount of fish that may be taken in the fishery; a period during which fish may be taken in the fishery; a stated activity must not be carried out in a stated area of the fishery. The authorised person may take fish in the commercial fishery only in accordance with the restriction. s 11 amd 2020 SL No. 236 s 87 (sec.11-ssec.1) This section applies if a fishery provision about the commercial fishery states any of the following (each a restriction )— fish may be taken in the fishery only if there is an unused quota entitlement under a quota authority for the fish; a maximum amount of fish that may be taken in the fishery; a period during which fish may be taken in the fishery; a stated activity must not be carried out in a stated area of the fishery. (sec.11-ssec.2) The authorised person may take fish in the commercial fishery only in accordance with the restriction.
This is an opening excerpt, not the complete document.