Fisheries Legislation (Spanish Mackerel and Bar Rockcod) Amendment Declaration 2023

1Short title

This declaration may be cited as the Fisheries Legislation (Spanish Mackerel and Bar Rockcod) Amendment Declaration 2023.

2Commencement

This declaration commences on 1 July 2023.

3Declaration amended

This part amends the Fisheries Declaration 2019.

4Insertion of new ch 2, pt 5, div 3A

Chapter 2, part 5—
insert—

Division 3A Spanish mackerel

27ATaking or possessing spanish mackerel in regulated periods—northern spanish mackerel waters

(1)A person must not in the northern spanish mackerel waters—

(a)take a spanish mackerel in a regulated period; or

(b)possess a spanish mackerel in a regulated period, whether or not the fish has been taken in the waters.

(2)For subsection (1), each of the following periods is a regulated period—

(a)from 12 October 2023 to 2 November 2023;

(b)from 10 November 2023 to 1 December 2023;

(c)from 30 September 2024 to 21 October 2024;

(d)from 29 October 2024 to 19 November 2024;

(e)from 18 October 2025 to 8 November 2025;

(f)from 17 November 2025 to 8 December 2025.

27BTaking or possessing spanish mackerel in regulated periods—southern spanish mackerel waters

(1)A person must not in the southern spanish mackerel waters—

(a)take a spanish mackerel in a regulated period; or

(b)possess a spanish mackerel in a regulated period, whether or not the fish has been taken in the waters.

(2)For subsection (1), each of the following periods is a regulated period—

(a)from 1 February to 21 February;

(b)from 1 March to 21 March.

27CException for recreational fishing

Despite section 27A(1)(b) or 27B(1)(b), a person may possess a spanish mackerel on a boat in the northern spanish mackerel waters or southern spanish mackerel waters if—

(a)the fish has not been taken in the waters in contravention of section 27A(1)(a) or 27B(1)(a); and

(b)the person is in possession of the fish for the purpose of consumption on the boat; and

(c)the boat is not a commercial fishing boat and does not have a fishing line, spear or spear gun on board.

27D Exception for commercial fishing

(1)Despite section 27A(1)(b) or 27B(1)(b), a person may possess a spanish mackerel on a boat in the northern spanish mackerel waters or southern spanish mackerel waters if—

(a)the fish has not been taken in the waters in contravention of section 27A(1)(a) or 27B(1)(a); and

(b)the fish has been taken under SM units and is on an authorised boat for the holder of the SM 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 for the waters.

(2)In this section—

authorised boat, for the holder of SM units, means an authorised boat, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, for the primary commercial fishing licence under which spanish mackerel, taken under the SM units, are taken.

permitted period means—

(a)for the northern spanish mackerel waters—

(i)a period other than a regulated period mentioned in section 27A(2); or

(ii)the period from the beginning of the first day of a regulated period mentioned in section 27A(2) to 6p.m. on the day; or

(b)for the southern spanish mackerel waters—

(i)a period other than a regulated period mentioned in section 27B(2); or

(ii)the period from the beginning of 1 February to 6p.m. on that day; or

(iii)the period from the beginning of 1 March to 6p.m. on that day.

relevant defined port area means the area of any of the following ports mentioned in the Transport Infrastructure (Ports) Regulation 2016, schedule 2—

(a)Port of Abbot Point;

(b)Port of Cairns;

(c)Port of Cooktown;

(d)Port of Gladstone;

(e)Port of Mackay;

(f)Port of Mourilyan;

(g)Port of Townsville.

relevant landing place, for an authorised boat for the holder of SM units, means the place stated in a prior notice given under the Fisheries (Commercial Fisheries) Regulation 2019, chapter 6, part 2, division 2 as the place where the boat will be landed.

5Omission of ss 38A and 38B

Sections 38A and 38B—
omit.

6Omission of s 118 (Recreational fisher taking other particular fin fish)

Section 118—
omit.

7Amendment of sch 1 (Regulated waters)

(1)Schedule 1, part 1, entry for northern spanish mackerel waters, column 3, ‘section 38A’—
omit, insert—

sections 27A, 27C and 27D

(2)Schedule 1, part 1, entry for southern spanish mackerel waters, column 3, ‘section 38B’—
omit, insert—

sections 27B, 27C and 27D

8Amendment of sch 2 (Regulated fish declarations)

(1)Schedule 2, part 2, after entry for barred javelin—
insert—

bar rockcod

if the prescribed commercial catch for the fish is more than 24.67t—a person taking or possessing the fish while acting under a licence on which is written the fishery symbol ‘L1’, ‘L2’, ‘L3’ or ‘L8’

(2)Schedule 2, part 2, entry for spanish mackerel, column 3, first row, ‘3’—
omit, insert—

1

9Amendment of sch 5 (Dictionary)

Schedule 5, definition relevant day, paragraph (a), after ‘waters,’—
insert—

bar rockcod,

10Declaration amended

This part amends the Fisheries Quota Declaration 2019.

11Amendment of sch 1 (Total quota entitlements)

Schedule 1, part 4, entry for spanish mackerel fishery, entry for spanish mackerel, column 2, ‘578.013t’—
omit, insert—

165t