Fisheries Declaration 2019
sec.25Exception for commercial fishing
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sec.25 Exception for commercial fishing
Despite section 23 (1) (b) , a person may possess a regulated coral reef fin fish on a boat in the coral reef fin fish waters if— the fish has not been taken in the waters in contravention of section 23 (1) (a) ; and the fish has been taken under line units and is on an authorised boat for the holder of the line units; and either— the boat is at a relevant landing place or in a relevant defined port area; or the boat is not at a place or in an area mentioned in subparagraph (i) and it is during a permitted period. In this section— permitted period means— a period other than a regulated period mentioned in section 23 (2) ; or the period from the beginning of the first day of a regulated period mentioned in section 23 (2) to 6 p.m. on the day. relevant defined port area means the area of any of the following ports mentioned in the Transport Infrastructure (Ports) Regulation 2016 , schedule 2 — Port of Abbot Point; Port of Cairns; Port of Cooktown; Port of Gladstone; Port of Mackay; Port of Mourilyan; Port of Townsville. s 25 amd 2019 SL No. 181 ss 9 , 27 sch 1 ; 2020 SL No. 236 ss 44 , 176 ; 2026 SL No. 17 s 5 (sec.25-ssec.1) Despite section 23 (1) (b) , a person may possess a regulated coral reef fin fish on a boat in the coral reef fin fish waters if— the fish has not been taken in the waters in contravention of section 23 (1) (a) ; and the fish has been taken under line units and is on an authorised boat for the holder of the line units; and either— the boat is at a relevant landing place or in a relevant defined port area; or the boat is not at a place or in an area mentioned in subparagraph (i) and it is during a permitted period. (sec.25-ssec.2) In this section— permitted period means— a period other than a regulated period mentioned in section 23 (2) ; or the period from the beginning of the first day of a regulated period mentioned in section 23 (2) to 6 p.m. on the day. relevant defined port area means the area of any of the following ports mentioned in the Transport Infrastructure (Ports) Regulation 2016 , schedule 2 — Port of Abbot Point; Port of Cairns; Port of Cooktown; Port of Gladstone; Port of Mackay; Port of Mourilyan; Port of Townsville.
- (a) the fish has not been taken in the waters in contravention of section 23 (1) (a) ; and
- (b) the fish has been taken under line units and is on an authorised boat for the holder of the line units; and
- (c) either— (i) the boat is at a relevant landing place or in a relevant defined port area; or (ii) the boat is not at a place or in an area mentioned in subparagraph (i) and it is during a permitted period.
- (i) the boat is at a relevant landing place or in a relevant defined port area; or
- (ii) the boat is not at a place or in an area mentioned in subparagraph (i) and it is during a permitted period.