6XFishing or collecting

6X Fishing or collecting

possess something means:

 (a) to have custody or control of it; or

 (b) to have an ability or right to obtain custody or control of it.

 (2) For the definition of fishing or collecting in the Zoning Plan:

 (a) the following limitations are prescribed:

 (i) an animal or plant of a protected species is not to be taken or possessed;

 (ii) a specimen of an animal of a species referred to in Part 1 of Table 6X is not to be taken or possessed;

 (iii) not more than 5 specimens of an animal of a species referred to in Part 2 of that table are to be taken or possessed;

 (iv) if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:

 (A) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and

 (B) the taking or possession is to be in accordance with that legislation; and

 (b) the following additional limitations are prescribed:

 (i) no more than 1 dory is to be detached from its primary commercial fishing vessel in the Conservation Park Zone or the Buffer Zone;

 (ii) subject to the exceptions in subregulation (3), a dory is not to be detached from its primary commercial fishing vessel in the Marine National Park Zone.

Note for subparagraph (2) (a) (i)   For what species are protected species, see regulation 8U.

 (3) For paragraph (2) (b) (ii), the exceptions are the following:

 (a) that the relevant dory was engaged in the rescue or attempted rescue of an endangered person;

 (b) that the relevant dory was providing assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure;

 (c) that the relevant dory was conveying a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land, and throughout the journey the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);

 (d) that at the relevant time the relevant dory was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP-13-1015 (Night Island), and stayed within 500 metres of a fishing industry service vessel for which a relevant permission is in force.

 (4) For a prosecution under the Act, each circumstance set out in subregulation (3) is to be a defence.

Table 6X Restricted species for fishing or collecting

• Item Species Common names