FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999

Queensland Consolidated Regulations

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FISHERIES (EAST COAST TRAWL) MANAGEMENT PLAN 1999

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. What is the east coast trawl fishery
3. Application of plan

Part 2--Objectives of plan and their achievement

4. Objective of plan and its achievement

Part 3--Interpretation

Division 1--Interpretation aids and dictionary

6. Interpretation

Division 2--Key definitions

7. What is a principal fish
8. What is a permitted fish

CHAPTER 2--REGULATED WATERS DECLARATIONS

Part 1--Preliminary

9. Operation of ch 2

Part 2--Declaration and regulation of regulated waters

10. Declaration and regulation of east coast trawl fishery waters

Part 3--East coast trawl fishery regulated waters

11. Regulated waters for pt 3
12. Prohibited activities

Part 4--Southern and northern regional regulated waters

Division 1--Southern regional regulated waters

13. Regulated waters for div 1
14. Regulated period for div 1
15. Prohibited activities

Division 2--Northern regional regulated waters

17. Regulated waters for div 2
18. Regulated period for div 2
19. Prohibited activities
20. Exception for s 19

Part 4A--Regulated waters for scallop ranching

21. Regulated waters for pt 4A
22. Prohibited activities and regulated periods

Part 5--Regulated waters for scallop replenishment

24. Regulated waters for pt 5
25. Prohibited activities and regulated periods

Part 6--Reef world heritage area regulated waters

26. Regulated waters for pt 6
27. Prohibited activities and regulated period
28. Chief executive to give usage notice
29. Obligations of holders of 'T1' licences under usage notice

Part 6A--Southern trawl fishery area regulated waters

29A. Regulated waters for pt 6A
29B. Prohibited activities and regulated periods

Part 7--Other particular regulated waters

30. Regulated waters for pt 7
30A. Prohibited activities and regulated periods
30B. Exception for Laguna Bay area regulated waters

CHAPTER 3--GENERAL PROVISIONS FOR LICENCES AND FISHERY SYMBOLS

Part 1--Licences and fishery symbols

Division 1--General provisions

31. Licences and fishery symbols for the east coast trawl fishery
32. Who may fish
33. Assistant fishers

Division 2--Obtaining an 'M1' or 'M2' fishery symbol

34. Applying for 'M1' or 'M2' fishery symbol
35. Deciding application
36. Steps after making decision

Division 3--Restrictions on writing fishery symbols on licences

37. Restrictions

Part 2--Fish that may be taken

38. Condition that only permitted fish may be taken
39. Condition applies to everyone acting under licence

Part 3--Use of BRDs

Division 1--Preliminary

40. Application and purpose of pt 3
41. Purpose of BRD

Division 2--BRD use condition

42. Requirement to achieve purpose

Division 3--Compliance with BRD use condition
Subdivision 1--General provision for compliance

43. How to comply
Subdivision 2--Recognised BRDs for otter trawl nets
43A. Application of sdiv 2
44. Square mesh cod end
44A. Half-round square mesh cod end
45. Square mesh panel
46. Fisheye
47. Bigeye
48. Radial escape section
48A. V-cut and bell cod end
48B. Popeye fish excluder
Subdivision 3--Recognised BRDs for beam trawl nets
49. Application of sdiv 3
50. Square mesh cod end
50A. Square mesh panel
50B. Fisheye
50C. Bigeye
50D. Radial escape section
50E. V-cut and bell cod end
50F. Popeye fish excluder

Part 4--Use of TEDs

Division 1--Preliminary

51. Application and purpose of pt 4
52. Purpose of TED

Division 2--TED use condition

53. Requirement to achieve purpose

Division 3--Compliance with TED use condition

54. Compliance with TED use condition
55. Requirements for a recognised TED

Part 4A--Communication conditions

57A. Purpose and application of pt 4A
57B. Obligation to nominate communication mode for boat
57C. Obligation to ensure communication with person in control

Part 5--VMS equipment requirements

58. Purpose and application of pt 5
59. VMS equipment requirements apply
67. Further obligations for malfunction in major scallop area
68. Further obligations for malfunction outside major scallop area

Part 6--Effort units

Division 1--Introduction

73. Simplified outline of pt 6

Division 2--General provisions about effort units

74. Nature of an effort unit
75. General condition for issue of effort units
76. When effort unit is issued

Division 3--Initial effort units
Subdivision 1--General provisions

77. Obligation to issue
78. Effort unit formula
Subdivision 2--Allocated days
79. Purpose of sdiv 2
80. Deciding recorded fishing days
81. Making allocation decision
Subdivision 3--Provisions for giving effect to appeal decisions
81A. Application of sdiv 3
81B. Effect of new recorded fishing days decision
81C. Adjustment to allocation decision formula

Division 4--Further effort units issued on basis of supplementary days
Subdivision 1--Preliminary

82. Purpose of div 4
83. Meaning of small operator for div 4
Subdivision 2--Applications for effort units
84. Requirements for application
85. Deciding application
86. Grounds for issuing effort units
88. Priority of deciding effort unit applications
89. Steps after making decision
Subdivision 3--Further effort units for small operators
89A. Restriction on granting application by small operator
90. Effort unit formula
91. Working out supplementary days
Subdivision 4--Further effort units on other grounds
92. Effort unit formula
93. Working out supplementary days

Division 5--Additional effort units

94. Interim issue of additional effort units for all eligible licences
95. Further issue of additional effort units for all eligible licences
96. Issue of effort units

Division 5A--Limit on effort units

96A. Application of div 5A
96B. Automatic rateable effort unit cancellations
96C. Notice and taking of effect of cancellation

Division 6--Effort unit entitlement and use

97. Meaning of entitlement of effort unit holder
98. When effort units are used for an effort year
99. Provisions for working out use of entitlement
100. No carrying forward of unused entitlement
101. Effort unit certificates
101A. Evidentiary provision for effort unit certificate

Division 7--Evidentiary aids for use of entitlement
Subdivision 1--Evidentiary aids for when a fishing or steaming day is used

102. VMS detection or manual reporting
102A. Absence of VMS detection or reporting
102B. Particular notice is evidence of unused entitlement
Subdivision 2--Exceptions
103. Exception—movement only at travelling speed
104. Exception—minimum boat movement
105. Exception—moving boat without fishing
105A. Exception—moving boat to test fishing apparatus
106. Exception—acting exclusively under authority other than a 'M1', 'T1' or 'T2' fishery symbol
107. Exception—VMS detection in particular regulated waters
108. Notices to chief executive under sdiv 2

Division 8--When effort units may or may not be transferred

111. Purpose of div 8
112. Only whole effort units may be transferred
113. Eligibility of transferee
114. Transfer of half of the effort units of 'T2' licence to 'T1' licence

Division 8A--Applications to register transfer of effort units

115. Effort certificate changes required

Division 9--Entitlement of transferee under transferred effort units

119. Entitlement

Division 10--Miscellaneous provisions

120. Notice of decision about effort units

Part 8--Boat modification and replacement

Division 1--Boat modification conditions

130. Condition for 'M1', 'M2', 'T1' or 'T2' licences
131. Condition for other licences

Division 2--Restrictions on amending licence to modify or replace boat

132. Restriction for 'M1', 'T1' or 'T2' licences
133. Restriction for 'M2' licences
134. Length restriction for other licences

CHAPTER 4--SPECIFIC LICENCE CONDITIONS

Part 1--'M1' and 'M2' licences

Division 1--Preliminary

135. Purpose and application of pt 1
136. Area for 'M1' and 'M2' fishery symbols