Fisheries (General) Regulation 2019

1Short title

This regulation may be cited as the Fisheries (General) Regulation 2019.

2Commencement

This regulation commences on 1 September 2019.

3Application of regulations and declarations

(1)This regulation, the Fisheries (Commercial Fisheries) Regulation 2019, the Fisheries Declaration 2019 and the Fisheries Quota Declaration 2019—

(a)all provide for matters under the Act; and

(b)must be read together.

Note—

See section 42 of the Act in relation to the relationship between regulations and declarations.

(2)This regulation provides for particular matters that also apply to other legislation mentioned in subsection (1), including, for example—

(a)the interpretation of particular references; and

(b)the authorisation under, and conditions of, an authority.

(3)Other legislation mentioned in subsection (1) provides for particular matters applying to this regulation, including, for example—

(a)the Fisheries (Commercial Fisheries) Regulation 2019 provides for the authorisation under, and conditions of, authorities that authorise activities to be carried out in particular commercial fisheries; and

(b)the Fisheries Declaration 2019 imposes restrictions on the carrying out of particular activities which, generally speaking, override any authorisation under, or condition of, an authority; and

Note—

See section 29(4).

(c)the Fisheries Quota Declaration 2019 provides for quota entitlements for particular commercial fisheries, which, generally speaking, restrict activities that may be carried out in the commercial fisheries under an authority.

4Dictionary

The dictionary in schedule 11 defines particular words used in this regulation.

5Meaning of commercial fisher

A commercial fisher is a person who holds a commercial fisher licence.

6Meaning of recreational fisher and recreational fishing

(1)A recreational fisher is a person who is carrying out recreational fishing.

(2)A person is carrying out recreational fishing if the person takes or possesses fish other than as follows—

(a)the person takes or possesses the fish—

(i)for trade or commerce; or

(ii)in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth);

(b)the person is an Aborigine and takes or possesses the fish under Aboriginal tradition;

(c)the person is a Torres Strait Islander and takes or possesses the fish under Island custom.

(3)For subsection (2)(a)(i), a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip.

(4)A person may carry out recreational fishing even if the person—

(a)holds an authority that authorises the person to take fish for trade or commerce; or

(b)is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a).

(5)However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota.

Example—

If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.

7Meaning of commercial fishing apparatus and recreational fishing apparatus

(1)

Commercial fishing apparatus is fishing apparatus other than recreational fishing apparatus.

(2)

Recreational fishing apparatus is—

(a)a spear or spear gun; or

(b)any of the following fishing apparatus to the extent it is used or possessed by a recreational fisher under a regulated fishing apparatus declaration—

(i)a canister trap;

(ii)a cast net;

(iii)a collapsible trap;

(iv)a crab pot;

(v)a dilly;

(vi)a fishing line;

(vii)a fork;

(viii)a funnel trap;

(ix)a hand pump;

(x)a lobster loop;

(xi)a pyramid trap;

(xii)a round trap;

(xiii)a scoop net;

(xiv)a seine net.

8Meaning of stowed and secured—Act, s 77A

(1)This section prescribes the meaning of stowed and secured for section 77A(4) of the Act and other legislation mentioned in section 3(1).

(2)A thing is stowed and secured if it is stowed inboard a boat.

9References to regulated waters

(1)Generally, regulated waters are waters declared to be regulated waters under the Fisheries Declaration 2019, chapter 2.

(2)A reference to particular regulated waters by name or description is a reference to the regulated waters with that name or description under the Fisheries Declaration 2019.

(3)Subsection (2) applies whether or not the reference includes the term ‘regulated waters’.

10References to commercial fishery

(1)Generally, a commercial fishery is a fishery under the Fisheries (Commercial Fisheries) Regulation 2019.

(2)A reference to a particular commercial fishery by name is a reference to the fishery with that name under the Fisheries (Commercial Fisheries) Regulation 2019.

(3)Subsection (2) applies whether or not the reference includes the term ‘commercial fishery’.

11References to licence, permit or quota authority by name

A reference to a licence, permit or quota authority by name is a reference to a licence, permit or quota authority of that name issued by the chief executive under the Act.

Examples—

•A reference to a commercial fisher licence is a reference to a commercial fisher licence issued by the chief executive under the Act.

•A reference to a CT line unit is a reference to a CT line unit issued by the chief executive under the Act.

12References to licences by fishery symbols

A reference to a fishery symbol followed by the term ‘licence’ is a reference to—

(a)if the fishery symbol is for a commercial harvest fishery—a commercial harvest fishery licence on which the fishery symbol is written; or

(b)otherwise—a commercial fishing boat licence on which the fishery symbol is written.

Example—

A reference to a C2 licence is a reference to a commercial fishing boat licence on which the fishery symbol ‘C2’ is written.

13References to primary boat and tender boat and related references

(1)A primary boat is a boat identified in either of the following licences as the primary commercial fishing boat for the licence—

(a)a commercial fishing boat licence;

(b)a commercial harvest fishery licence for the shell fishery.

(2)A tender boat is a boat, other than a primary boat, that may be used to take fish for trade or commerce in a commercial fishery under a commercial fishing boat licence.

(3)In a provision about a commercial fishing boat licence—

(a)a reference to the primary boat is a reference to the primary boat for the licence under subsection (1); and

(b)a reference to a tender boat is a reference to a tender boat for the licence under subsection (2) on which a boat mark is fixed in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019, section chapter 2, part 4, division 2; and

(c)a reference to a primary boat’s tender boat is a reference to a tender boat for the commercial fishing boat licence in which the primary boat is identified; and

(d)a reference to a tender boat’s primary boat is a reference to the primary boat identified in the commercial fishing boat licence under which the tender boat is being or may be used to take fish for trade or commerce.

(4)In a provision about a commercial harvest fishery licence for the shell fishery, a reference to the primary boat is a reference to the primary boat for the licence under subsection (1).

14References to periods of days or months

(1)This section applies if a provision states a period that—

(a)starts on a day or in a month (the first-mentioned day or month); and

(b)ends on a day or in a month (the second-mentioned day or month).

(2)The period is taken to start at the beginning of the first-mentioned day or month and end at the end of the second-mentioned day or month.

Example—

A stated period from 1 November to 1 February starts immediately after midnight at the beginning of 1 November and ends immediately before midnight at the end of 1 February.

15References to times

(1)This section applies if a provision states a period that starts at a time (the first-mentioned time) and ends at another time (the second-mentioned time).

(2)The period is taken to start at the first-mentioned time and end at the second-mentioned time, whether the second-mentioned time is on the same, or a different, day, week, month or year.

Examples—

•A stated period from midday on 1 November to midday on 1 February is a period of 3 months starting at midday on 1 November in a year and ending at midday on 1 February in the following year.

•A stated period from 4p.m. to 4a.m. is a period of 12 hours starting at 4p.m. on a particular day and ending at 4a.m. on the following day.

•A stated period from 3p.m. to 5a.m. from 1 July to 31 October consists of each period of time between 1 July and 31 October starting at 3p.m. on a particular day and ending at 5a.m. on the following day. The first period of time starts at 3p.m. on 1 July and the last period of time ends at 5a.m. on 31 October.

16References relating to fish

Schedule 7 provides for the interpretation of references to, or relating to, particular species of fish, including, for example—

(a)the scientific names for the species of fish; and

(b)the interpretation of references to a stock of fish.

17References relating to waters or areas

Schedule 8 provides for the interpretation of references to, or relating to, particular waters or areas, including, for example—

(a)matters about working out boundaries of particular waters or areas; and

(b)the meaning of particular types of waters or areas or references to particular types of waters or areas.

18References relating to boats

Schedule 9 provides for the interpretation of references to, or relating to, boats, including, for example, working out a boat’s dimensions and hull units and the boat engine’s maximum continuous brake kW.

19References relating to fishing apparatus

Schedule 10 provides for the interpretation of references to, or relating to, particular fishing apparatus, including, for example—

(a)the meaning of particular fishing apparatus or particular parts of particular fishing apparatus; and

(b)how to measure the size of particular fishing apparatus or particular parts of particular fishing apparatus.

20Prescribed acts—Act, s 82

For section 82 of the Act, schedule 1 prescribes—

(a)each act that must only be done by the holder of an authority; and

(b)persons who have authority under the Act to do the act.

21Prescribed fishing apparatus—Act, s 14

(1)For section 14(3) of the Act, definition prescribed fishing apparatus, paragraph (b), a fish trap is prescribed.

(2)In this section—

fish trap means a structure made predominantly from stone or organic material that creates a holding area designed to capture a small quantity of fish.

22Prescribed waters—Act, s 14

For section 14(3) of the Act, definition prescribed waters, paragraph (b), the following regulated waters are prescribed—

•Barron River (fishing)

•Bizant River, Princess Charlotte Bay

•Burnett River Barrage

•Centenary Lakes, Cairns

•Coombabah Lake and Coombabah Creek

•Fitzroy River Barrage

•Hook Island (fishing)

•Keppel Bay (fishing)

•Kolan River Barrage

•Mary River Barrage

•Swan Bay

•Tinana Creek Barrage

•Wolf Rock (grey nurse shark protection area)

•Yanks Jetty at Orpheus Island.

23Purpose of division

This division states the types of licences, permits and quota authorities the chief executive may issue under section 49 of the Act.

24Types of licences

The chief executive may issue a licence of any of the following types—

(a)a commercial fisher licence;

(b)a commercial fishing boat licence;

(c)a commercial harvest fishery licence;

(d)a carrier boat licence;

(e)a charter fishing licence.

25Types of permits

The chief executive may issue a permit of any of the following types—

(a)a developmental fishing permit;

(b)an indigenous fishing permit;

(c)a stocked impoundment permit;

(d)a filleting permit for an RQ fishery licence;

(e)a permit for an activity, not able to be carried out under another type of authority, carried out for any of the following purposes—

(i)education;

(ii)research;

(iii)environmental protection;

(iv)public health or safety;

(v)indigenous fishing;

(vi)fish salvage;

(vii)fish stocking;

(viii)broodstock or culture stock collection;

(ix)trialling alternative commercial apparatus or fishing activities.

26Types of quota authorities

The following are the types of quota authorities the chief executive has issued under the Act—

(a)T1 effort units and T2 effort units;

(b)SM units;

(c)CT line units, OS line units and RTE line units;

(d)individual transferable quota (ITQ) units;

(e)T4-ITQ units.

27Use of bottom set line in Gulf of Carpentaria waters must not be authorised

The chief executive must not issue an authority authorising the use of a bottom set line in the Gulf of Carpentaria waters.

28Only particular authorities may authorise particular activities

The chief executive may issue an authority authorising an activity mentioned in column 1 of the following table only of a type mentioned opposite the activity in column 2—

Activity		Type of authority that may be issued
remove, destroy or damage dead marine wood on unallocated State land for trade or commerce		resource allocation authority
carry out development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d), in a declared fish habitat area		resource allocation authority
take freshwater fish from a prescribed stocked impoundment using a fishing line		stocked impoundment permit or general fisheries permit
release aquaculture fisheries resources into Queensland waters		general fisheries permit

29Activities authorised under authority

(1)This section states particular matters about what an authority authorises under section 52 of the Act.

(2)An authority authorises the carrying out of an activity stated—

(a)in the authority; or

(b)in a provision of this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.

(3)The authorisation is subject to the conditions—

(a)stated in the authority; or

(b)prescribed for the authority under this chapter or the Fisheries (Commercial Fisheries) Regulation 2019.

(4)Also, the authorisation, including the conditions to which it is subject under subsection (3), is subject to any provision of the Fisheries Declaration 2019 that—

(a)prohibits the carrying out of the activity; or

(b)prohibits the carrying out of the activity in particular circumstances; or

(c)otherwise imposes a restriction on how the activity may be carried out.

30When a person is carrying out activity under an authority

A person carries out an activity under an authority only if—

(a)the authority authorises the carrying out of the activity under section 29; and

(b)the person is the holder of the authority or another person authorised to carry out the activity under the authority; and

(c)the person carries out the activity in accordance with the conditions mentioned in section 29(3), and the provisions mentioned in section 29(4), to which the authorisation is subject.

31Restriction on issue of licence

The chief executive may issue a commercial fisher licence to a person only if the person—

(a)is at least 18 years of age; and

(b)has knowledge, to the reasonable satisfaction of the chief executive, of fisheries legislation to the extent it applies to commercial fisheries.

32Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a commercial fisher licence; and

(b)conditions applying to a commercial fisher licence.

33Licence not transferable

A commercial fisher licence is not transferable.

34Restrictions on issue of licence identifying primary boat

(1)The chief executive may issue a commercial fishing boat licence that identifies a primary commercial fishing boat only if the boat is not already identified as a primary commercial fishing boat in another commercial fishing boat licence.

(2)Only 1 boat may be identified as the primary commercial fishing boat in a commercial fishing boat licence.

35Deciding number of tender boats for licence

(1)If the chief executive decides to issue a commercial fishing boat licence, the chief executive must decide the number (the authorised number) of tender boats that are to be authorised for use under each fishery symbol to be written on the licence.

(2)The authorised number may be—

(a)zero; or

(b)a particular number; or

(c)an unlimited number.

(3)However, if the fishery symbol ‘L2’ or ‘L3’ is to be written on the licence, the authorised number must not be more than—

(a)for the fishery symbol ‘L2’—4; or

(b)for the fishery symbol ‘L3’—1.

(4)If the chief executive decides that no tender boats or a particular number of tender boats are to be authorised for use under a fishery symbol to be written on the licence, the licence must state the authorised number of tender boats, in brackets, immediately after the fishery symbol.

(5)If the chief executive decides that an unlimited number of tender boats are to be authorised for use under a fishery symbol to be written on the licence, the licence must not have any brackets or numbers in brackets written immediately after the fishery symbol.

(6)The chief executive must give the holder of the licence an information notice for a decision under this section.

36Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a commercial fishing boat licence; and

(b)conditions applying to a commercial fishing boat licence.

37Authorisation and conditions

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a commercial harvest fishery licence; and

(b)conditions applying to a commercial harvest fishery licence.

38Licence for eel fishery not transferable

A commercial harvest fishery licence on which the fishery symbol ‘E’ is written is not transferable.

39Restriction on issue of licence for regulated coral reef fin fish

(1)The chief executive must not issue a carrier boat licence authorising the carriage of regulated coral reef fin fish.

(2)However, the chief executive may issue a replacement for a licence mentioned in subsection (1) if—

(a)the licence was issued before 12 September 2003; and

(b)the holder applying for the replacement has held the licence continuously from 12 September 2003; and

(c)the application is for the replacement of the licence providing for the same, or substantially the same, authorisations and conditions.

Note—

12 September 2003 was the day the legislation (the repealed Fisheries (Coral Reef Fin Fish) Management Plan 2003) providing for the management of the reef line commercial fishery was notified in the gazette.

40Restriction on issue of licence for commercial spanner crab fishery (managed area A)

(1)The chief executive must not issue a carrier boat licence authorising the use of a boat in the fishery area for the commercial spanner crab fishery (managed area A).

(2)However, the chief executive may issue a replacement for a licence mentioned in subsection (1).

41Restriction on issue of licence for commercial spanner crab fishery (managed area B)

The chief executive must not issue a carrier boat licence authorising the carriage of spanner crabs taken in the fishery area for the commercial spanner crab fishery (managed area B) for—

(a)a primary boat identified in a C3 licence; or

(b)a tender boat for a primary boat mentioned in paragraph (a).

42Authorisation

(1)The holder of a carrier boat licence may, under the licence, use the boat identified in the licence to carry fish taken for trade or commerce by—

(a)a commercial fisher or assistant fisher; or

(b)someone else who, under the Act, is authorised to take fish for trade or commerce under another authority.

(2)The holder of a carrier boat licence may authorise another person to use the boat identified in the licence as mentioned in subsection (1) under the licence.

(3)A person authorised by the holder of a carrier boat licence under subsection (2) may, under the licence, use the boat identified in the licence as mentioned in subsection (1).

43Condition about regulated coral reef fin fish

It is a condition of a carrier boat licence authorising the carriage of regulated coral reef fin fish that a boat identified in the licence must not be used to carry live regulated coral reef fin fish unless—

(a)the boat is also identified in a commercial fishing boat licence; and

(b)the fish were taken from any of the following—

(i)the boat;

(ii)if the boat is a tender boat—the boat’s primary boat;

(iii)if the boat is a primary boat—a tender boat of the primary boat.

44Authorisation

(1)The holder of a charter fishing licence may, under the licence, conduct a charter fishing trip in offshore waters.

(2)The holder of a charter fishing licence may authorise someone else to conduct a charter fishing trip as mentioned in subsection (1) under the licence.

(3)A person authorised by the holder of a charter fishing licence under subsection (2) may, under the licence, conduct a charter fishing trip as mentioned in subsection (1).

45Condition about taking maray or Australian sardines

It is a condition of a charter fishing licence that a person who conducts a charter fishing trip under the licence must not take, or allow someone else to take, maray or Australian sardines during the trip—

(a)for a purpose other than use as bait for fishing during the trip; or

(b)in a way that contravenes the Fisheries Declaration 2019, chapter 4, part 4.

46Possessing or using purse seine net must not be authorised

The chief executive must not issue a permit authorising any of the following—

(a)possessing a purse seine net;

(b)using a purse seine net to take fish;

(c)possessing fish taken in contravention of paragraph (b).

47Restriction on authorising taking or possessing of maray or Australian sardines

(1)The chief executive must not issue a permit authorising the taking or possession of maray or Australian sardines for trade or commerce.

(2)Subsection (1) does not apply if—

(a)the permit authorises the taking or possession of maray or Australian sardines for only 1 of the following—

(i)to use as bait for fishing under a commercial fishing boat licence or commercial fisher licence held by the holder of the permit;

(ii)to use as food for display fish;

(iii)for research; or

(b)the permit is a replacement for a permit mentioned in subsection (1).

48Restriction on authorising taking or possessing of freshwater fish

(1)The chief executive must not issue a permit authorising the taking or possession of freshwater fish for trade or commerce.

(2)Subsection (1) does not apply if the permit is a general fisheries permit for the collection of freshwater fish to be used for broodstock for aquaculture by the holder of the permit.

49Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit

(1)The chief executive must not issue a developmental fishing permit authorising the use of a set mesh net in the Gulf of Carpentaria waters.

(2)Subsection (1) does not apply if the developmental fishing permit is a replacement of a developmental fishing permit mentioned in subsection (1).

50Maximum term of general fisheries permit

The chief executive may issue a general fisheries permit for an activity for a term of not more than 3 years.

51Restriction on authorising taking of fish in particular regulated waters under general fisheries permit

The chief executive must not issue a general fisheries permit authorising the taking of fish in, or the possession of fish taken in, the regulated waters mentioned in the Fisheries Declaration 2019, section 17(2) unless the permit is for an activity for which any of the following is the sole or main purpose—

(a)research;

(b)environmental protection;

(c)public health or safety.

52Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit

The chief executive must not issue a general fisheries permit authorising a commercial fisher to use a cast net, mesh net, seine net or set pocket net to take fish for trade or commerce in the regulated waters mentioned in the Fisheries Declaration 2019, section 65(1).

53Developmental fishing permit

The holder of a developmental fishing permit and anyone else identified in the permit may do any of the following under the permit—

(a)assess the commercial viability of a fishing activity, fishing apparatus or boat for a fishery identified in the permit;

(b)buy, use and possess fishing apparatus to carry out the assessment;

(c)take, possess and process fish taken for carrying out the assessment;

(d)sell the fish taken for carrying out the assessment.

54Indigenous fishing permit

The holder of an indigenous fishing permit and anyone else identified in the permit may do any of the following under the permit—

(a)assess the commercial viability of a fishing activity proposed to be carried out, or fishing apparatus or a boat proposed to be used, by an indigenous person or a community of indigenous persons in a fishery identified in the permit;

(b)buy, use and possess fishing apparatus to carry out the assessment;

(c)take, possess and process fish taken for carrying out the assessment;

(d)sell the fish taken for carrying out the assessment.

55Stocked impoundment permit

The holder of a stocked impoundment permit may take freshwater fish using a fishing line from a prescribed stocked impoundment.

56Filleting permit

The holder of a filleting permit and anyone else identified in the permit may fillet regulated coral reef fin fish identified in the permit but only on board a primary boat identified in an RQ licence held by the holder.

57General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters

(1)This section applies to a general fisheries permit authorising the release of non-indigenous fisheries resources into non-tidal waters.

(2)It is a condition of the permit that a person acting under the permit must not release the fisheries resources into the waters of the river basins mentioned in schedule 2.

58Restriction on issue of quota authorities

The chief executive must not issue any new—

(a)T1 effort or T2 units; or

(b)SM units; or

(c)CT line units, OS line units or RTE line units; or

(d)ITQ units; or

(e)T4-ITQ units.

59Authorisation under and conditions of quota authority

The Fisheries (Commercial Fisheries) Regulation 2019 provides for—

(a)the authorisation under a quota authority; and

(b)conditions applying to a quota authority.

60Meaning of prescribed development purpose for declared fish habitat area

A prescribed development purpose, for a declared fish habitat area, is any of the following in, or directly affecting, the area—

(a)restoring the fish habitat or natural processes;

Examples—

•reinstating tidal profiles for allowing restoration of marine plant communities

•restoring tidal flows and inundation patterns

(b)managing fisheries resources or fish habitat;

Example—

constructing a boardwalk for public access within the declared fish habitat area for preventing uncontrolled disturbance of the habitat

(c)researching, including monitoring, or educating;

(d)ensuring public health or safety;

(e)providing public infrastructure to facilitate fishing;

Examples of public infrastructure—

a boat ramp or jetty for public use

(f)providing subterranean public infrastructure if the chief executive is satisfied the surface of the area can be restored, after the completion of the relevant works or activity, to its condition before the performance of the works or activity;

(g)constructing a temporary structure;

(h)maintaining a structure that was constructed before the area was declared to be a fish habitat area under the Act;

(i)maintaining a structure, other than a structure mentioned in paragraph (h), that has been lawfully constructed;

(j)for a part of the area that is a management B area—

(i)constructing a permanent structure in the area; or

(ii)depositing material for beach replenishment in the area for the purpose of erosion control.

61Restriction on issue of particular resource allocation authorities

(1)The chief executive may issue a resource allocation authority for prescribed declared fish habitat area development only if the chief executive is satisfied the development is for a prescribed development purpose for the declared fish habitat area to which the development relates.

(2)Before deciding whether to issue the authority, the chief executive must have regard to the following for the declared fish habitat area to which the development relates—

(a)the effect of the development on the maintenance of the community use of the area, in particular, in relation to fishing activities;

(b)for a part of the area that is a management A area—the effect of the development on the maintenance of the natural condition of fish habitats and natural processes in the area;

(c)for a part of the area that is a management B area—the effect of the development on the maintenance of the current fish habitat values and functions of the area.

62Authorisation under resource allocation authority

(1)The holder of a resource allocation authority may do any of the following under the authority—

(a)for an authority relating to prescribed declared fish habitat area development or development mentioned in the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d)—interfere with the declared fish habitat area mentioned in the authority;

(b)for an authority relating to prescribed aquaculture development—interfere with the fish habitat in the Queensland waters or on the unallocated tidal land mentioned in the authority;

(c)for an authority relating to development that is operational work impacting on marine plants that are dead marine wood on unallocated State land for trade or commerce—collect the wood for trade or commerce from the unallocated State land mentioned in the authority.

(2)However, the holder may do an act mentioned in subsection (1) only if—

(a)the holder does the act in relation to the development to which the authority relates; and

(b)the development is carried out in a way that is authorised under the Planning Act.

63Application of part

For section 68B(3)(b)(i) of the Act, this part prescribes criteria for the suspension or cancellation of particular authorities.

64Counting convictions

(1)In this part, a reference to a conviction is a reference to a conviction for a serious fisheries offence.

(2)Also, for deciding whether a conviction is a second or later conviction, a spent conviction must not be counted.

(3)In this section—

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

65Criteria for suspending particular licences

(1)This section applies in relation to any of the following licences held by a person—

(a)a commercial fisher licence;

(b)a commercial fishing boat licence;

(c)a commercial harvest fishery licence on which the fishery symbol ‘A1’ or ‘A2’ is written.

(2)An appropriate period of suspension may be—

(a)for the person’s first conviction—3 to 9 months; or

(b)for the person’s second conviction—9 months to 5 years; or

(c)for the person’s third or later conviction—5 years.

66Criteria for suspending effort units

(1)This section applies in relation to T1 effort units or T2 effort units held by a person.

(2)An appropriate suspension may be suspension of a number of the effort units that reduces the person’s total entitlement under the effort units to an extent that, as nearly as practicable, corresponds to what may be an appropriate period of suspension for a licence held by the person if the court were suspending the licence under section 65.

Example for subsection (2)—

A holds a commercial fishing boat licence and T1 effort units for the licence. A is convicted of a serious fisheries offence. It is A’s first conviction. An appropriate suspension may be suspension of a number of the T1 effort units that would entitle A to use the boat associated with the effort units for 3 to 9 months.

67Criteria for suspending or cancelling SM units

(1)This section applies in relation to SM units held by a person.

(2)An appropriate suspension may be—

(a)if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.

(3)An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.

68Criteria for suspending line units

(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year—

(a)the person takes an amount of regulated coral reef fin fish authorised to be taken under the line units that exceeds the person’s total entitlements under the line units; or

(b)an RQ fishery licence held by the person is suspended.

(2)An appropriate suspension may be—

(a)for subsection (1)(a)—suspension for the following line year of the number of CT line units, OS line units or RTE line units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)for subsection (1)(b)—suspension for the line year of all the person’s CT line units, OS line units or RTE line units with unused entitlements.

69Criteria for cancelling line units

(1)This section applies in relation to CT line units, OS line units or RTE line units held by a person if, in a line year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of regulated coral reef fin fish that exceeds the person’s unused line unit entitlements for the line year by at least 500kg (whole weight).

(2)An appropriate cancellation may be cancellation of the number of the person’s CT line units, OS line units or RTE line units with an entitlement equivalent to the amount of regulated coral reef fin fish unlawfully taken or possessed by the person.

70Criteria for suspending T4-ITQ units

(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year—

(a)the person takes an amount of prescribed whiting for the T4-ITQ units that exceeds the person’s total entitlements under the T4-ITQ units; or

(b)a T4 fishery licence held by the person is suspended.

(2)An appropriate suspension may be—

(a)for subsection (1)(a)—suspension for the following T4-ITQ year of the number of T4-ITQ units with entitlements equal to the amount by which the entitlements were exceeded; or

(b)for subsection (1)(b)—suspension for the T4-ITQ year of all the person’s T4-ITQ units with unused entitlements.

71Criteria for cancelling T4-ITQ units

(1)This section applies in relation to T4-ITQ units held by a person if, in a T4-ITQ year, the person is convicted of a serious fisheries offence involving taking or possessing an amount of prescribed whiting that exceeds the person’s unused T4-ITQ unit entitlements for the T4-ITQ year by at least 500kg (whole weight).

(2)An appropriate cancellation may be cancellation of the number of the person’s T4-ITQ units with an entitlement equivalent to the amount of prescribed whiting unlawfully taken or possessed by the person.

72Obstructing persons fishing under an authority

(1)A person must not obstruct a commercial fisher, an assistant fisher or someone else acting under an authority, who is using a net to take fish, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)A person must not disturb fish to prevent a commercial fisher, an assistant fisher or someone else acting under an authority, from taking the fish.

Maximum penalty—20 penalty units.

73Particulars to be contained in register—Act, s 73

For section 73(2) of the Act, the following particulars about each authority issued by the chief executive are prescribed—

(a)the category, type and number of the authority;

(b)the fishery symbols, if any, written on the authority;

(c)the holder’s full name;

(d)the holder’s postal address;

(e)other relevant particulars about each boat identified in the authority or, if applicable, prescribed for the authority under section 80(1)(b) of the Act;

(f)third party interests in the authority, if any, notified to the chief executive;

(g)for all quota authorities of the same type held by the same person—

(i)the person’s name; and

(ii)the number of quota authorities held by the person; and

(iii)if conditions have been imposed on any of the quota authorities—the conditions; and

(iv)if any of the quota authorities are suspended—the number of quota authorities that are suspended and the period of the suspension;

(h)for an M2 licence—

(i)the boat mark for the boat identified in the licence; and

(ii)the boat’s hull units, beam, depth and length; and

(iii)the boat’s main engine power in maximum continuous brake kW.

74Holder to notify chief executive of particular changes—Act, s 73

For section 73(3) of the Act, the following changes in circumstances are prescribed—

(a)a change of the holder’s name;

(b)if the holder is an individual—a change of the holder’s residential, business or postal address;

(c)if the holder is a corporation—

(i)a change of the address of the holder’s registered office; or

(ii)a change of the address of the holder’s office, if any, in the State; or

(iii)a person becoming, or ceasing to be, an executive officer of the holder;

(d)a change in a third party interest in the authority notified to the chief executive;

(e)a change in details contained in the register about a boat identified in the authority or prescribed for the authority under section 80(1)(b) of the Act.

75Authorities that continue after holder’s death—Act, s 70C

For section 70C(1) of the Act, the following types of authorities are prescribed—

(a)a commercial fishing boat licence;

(b)a commercial harvest fishery licence;

(c)a charter fishing licence;

(d)a T1 effort unit or T2 effort unit;

(e)an SM unit;

(f)a line unit;

(g)an ITQ unit;

(h)a resource allocation authority.

76Activities for which inspectors may have an authority

An inspector may hold or have an interest in an authority for—

(a)conducting research or training about fisheries resources, fishing apparatus or commercial fishing boats; or

(b)taking or possessing fish for stocking waters; or

(c)releasing fish; or

(d)taking fish from a stocked impoundment by using a fishing line; or

(e)performing the inspector’s functions.

77Fish habitat area plans

(1)A plan stated in schedule 3, column 1 with the prefix ‘FHA’ is a fish habitat area plan for the fish habitat area mentioned in the column.

(2)A copy of each fish habitat area plan is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

(3)Anything shown or stated on a fish habitat area plan about the boundary of a declared fish habitat area has effect for deciding the location of the boundary.

(4)A line in relation to a boundary of a declared fish habitat area on a fish habitat area plan—

(a)shows what forms the boundary; and

(b)is only indicative of the current position of the boundary.

78Areas declared to be fish habitat areas

(1)Each area mentioned in schedule 3, column 1 is declared to be a fish habitat area.

(2)The fish habitat area—

(a)includes—

(i)the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and

(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as included in the declared fish habitat area; and

(b)excludes—

(i)the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and

(ii)an area stated opposite the fish habitat area plan in schedule 3, column 2 as excluded from the declared fish habitat area; and

(iii)the area of a channel marked by aids to navigation.

(3)Also, land that is not unallocated State land or national park land is included in a fish habitat area only if—

(a)the land is within an area mentioned in subsection (2)(a) for the fish habitat area; and

(b)the fish habitat area plan for the fish habitat area, or schedule 3, column 2, specifically states that the land is included in the fish habitat area.

79Particular cables and air space excluded from declared fish habitat area

(1)A declared fish habitat area excludes a cable that—

(a)is in a fixed position in air space within the boundary shown on the fish habitat area plan for the area; and

(b)is not in contact with land, water or a part of a plant in the area.

Examples of a cable—

an overhead electric line or telecommunication cable

(2)Subsection (3) applies if—

(a)a person proposes, under a law of the State or Commonwealth, to install a cable in air space within the boundary shown on the fish habitat area plan for a declared fish habitat area; and

(b)under the proposal, the cable, when installed, will not be in contact with land, water or a part of a plant in the area.

(3)The declared fish habitat area excludes the air space that is to be occupied by the cable under the proposal.

(4)In this section—

proposal includes an application.

80Person not to take bait using digging implement

(1)A person must not in a declared fish habitat area take fish for bait by using a digging implement.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person using a hand pump only for taking yabbies.

81Person not to remove weeds etc.

(1)A person must not do any of the following things in a declared fish habitat area—

(a)remove weeds;

(b)use a pesticide;

(c)carry out biological control of a pest.

Maximum penalty—20 penalty units.

(2)Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area.

Maximum penalty—20 penalty units.

(3)However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.

(4)In this section—

biological control, of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest.

fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’.

Note—

The code is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

pest means—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or

(b)biosecurity matter under the Biosecurity Act 2014 that is—

(i)controlled biosecurity matter under section 124(1) of that Act; or

(ii)regulated biosecurity matter under section 128(1)(a) of that Act; or

(c)another pest or disease declared under a law of the State, the Commonwealth or another State.

82Definitions for part

In this part—

landing place means—

(a)a place used for landing a boat, including, for example, a marina berth, wharf or mooring; or

(b)another place within 0.5n miles of a part of the State where landing of a boat is practicable.

malfunction see section 80(6) of the Act.

relevant authority see section 83(1).

relevant boat, for a relevant authority, means a boat prescribed for the authority by section 83(2).

relevant period means the period prescribed by section 85.

vessel tracking standard means the document called ‘Vessel tracking installation and maintenance standard’ published on the department’s website.

Note—

The vessel tracking standard is also available for inspection, free of charge, by arrangement with the chief executive.

working properly see section 80(6) of the Act.

83Authorities and boats in relation to which requirements apply

(1)Section 80 of the Act applies in relation to each authority (a relevant authority) that has any of the following symbols written on it—

(a)‘B1’;

(b)‘C1’, ‘C2’ or ‘C3’;

(c)‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’;

(d)‘L1’, ‘L2’, ‘L3’, ‘L4’ or ‘L8’;

(e)‘M1’;

(f)‘N1’, ‘N2’, ‘N3’, ‘N4’, ‘N10’, ‘N11’, ‘N12’ or ‘N13’;

(g)‘T1’, ‘T2’ or ‘T4’.

(2)For section 80 of the Act, each of the following boats is prescribed for a relevant authority (and under section 80(1)(b) of the Act is a relevant boat for the authority)—

(a)if the authority is a commercial fishing boat licence—

(i)the primary boat for the licence; and

(ii)each tender boat with an engine power of more than 3kW authorised under the Act to be used under the licence;

(b)otherwise—each boat authorised under the Act to be used under the authority.

84Way equipment must be installed

For section 80(2)(a) of the Act, the way for installing approved vessel tracking equipment on a boat stated in the vessel tracking standard is prescribed.

85Periods during which equipment must be working properly

(1)For section 80(2)(b) of the Act, each period the relevant boat is used under the relevant authority, starting and ending as mentioned in subsection (2), is prescribed.

(2)The period the relevant boat is used under the authority—

(a)starts when the boat’s engine is started, whether on water or on land; and

(b)ends when the earlier of the following happens—

(i)the boat is removed from the water and its engine is stopped;

(ii)the boat is taken to a landing place, its engine is stopped and all fish are unloaded from it.

86Purpose and application of division

(1)This division prescribes, for section 80(4) of the Act, requirements that apply if approved vessel tracking equipment installed on a relevant boat used under a relevant authority malfunctions during a relevant period.

(2)The requirements are—

(a)the holder of the relevant authority, or another person acting under the authority, has given the chief executive a boat communication notice under subdivision 2 for the relevant boat; and

(b)subdivision 3 is complied with.

87Definition for division

In this division—

approved way, for giving a notice to the chief executive, means the way—

(a)approved by the chief executive; and

(b)published on the department’s website.

88When person in control of a boat is aware of malfunction

(1)For this division, the person in control of a relevant boat being used under a relevant authority is taken to be aware of a malfunction of approved vessel tracking equipment installed on the boat if—

(a)the person receives a notice from the chief executive or an inspector that the equipment is malfunctioning; or

(b)the person becomes aware the chief executive is not receiving details of the boat’s position and operation from the equipment, including, for example, because the person does not receive a confirmation of the receipt of the details from the chief executive that the person is, or ought reasonably to be, expecting.

(2)Subsection (1) does not limit the circumstances in which the person in control of a relevant boat becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

89Notices given by chief executive or inspector under division

The chief executive or an inspector may give a notice in relation to a relevant boat under this division—

(a)orally in person; or

(b)by an alternative way of communication stated in the boat communication notice given for the relevant boat under subdivision 2.

90Notice of alternative way

(1)The holder of the relevant authority, or another person acting under the authority, must, before or as soon as possible after approved vessel tracking equipment is installed on the relevant boat, give a notice (a boat communication notice) to the chief executive.

(2)The boat communication notice must—

(a)be given to the chief executive in the approved way; and

(b)state an alternative way (an alternative way of communication) in which the chief executive or an inspector may communicate with the person in control of the boat whenever that person is on the boat.

(3)The alternative way of communication—

(a)must not involve the use of vessel tracking equipment; and

(b)must allow a communication to be received on the boat instantaneously after it is sent by the chief executive or inspector.

Examples of alternative ways of communication—

a facsimile, mobile phone, radiophone or satellite phone

(4)More than 1 alternative way of communication may be stated in a boat communication notice.

91Changing alternative way

(1)The holder of the relevant authority, or another person acting under the authority, may change an alternative way of communication stated in a boat communication notice by giving the chief executive a notice stating another way (a changed way) of communication.

(2)A notice given to the chief executive under subsection (1) must be given in the approved way.

(3)However, if the holder of the relevant authority, or another person acting under the authority, gives a notice under this section, the changed way of communication must not be used until the chief executive has advised the holder or other person that the chief executive has received the notice.

92Application of subdivision

This subdivision applies if the person in control of a relevant boat being used under a relevant authority during a relevant period becomes aware of a malfunction of approved vessel tracking equipment installed on the boat.

93Manual reporting requirement

(1)The person in control of the relevant boat must give a notice stating details of the boat’s location to the chief executive—

(a)in the approved way; and

(b)at the following intervals—

(i)if the boat is being used in the east coast trawl fishery—every hour;

(ii)otherwise—every 4 hours.

(2)The requirement under subsection (1) continues to apply until the earliest of the following happens—

(a)the relevant boat is taken to a landing place under section 94 or 95;

(b)the relevant period ends;

(c)the approved vessel tracking equipment stops malfunctioning.

94Requirement to take relevant boat to landing place—boat used under particular authority in particular area

(1)This section applies in relation to the relevant boat if—

(a)the relevant authority under which it is being used has an ‘M1’, ‘T1’ or ‘T2’ fishery symbol written on it; and

(b)the malfunction of the approved vessel tracking equipment happens inside the area within the following boundary—

•from latitude 22º10.80' south, longitude 149º48.00' east to latitude 22º13.20' south, longitude 152º00.00' east

•to latitude 24º13.80' south, longitude 153º33.00' east

•to latitude 24º42.00' south, longitude 153º16.20' east

•to latitude 25º06.00' south, longitude 153º12.00' east

•to latitude 25º18.00' south, longitude 152º43.20' east

•to latitude 22º10.80' south, longitude 149º48.00' east.

(2)The person in control of the relevant boat must—

(a)stop the use of fishing apparatus from the boat; and

(b)cause the boat to travel to a landing place as soon as practicable.

(3)Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.

(4)The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—

(a)the approved vessel tracking equipment is working properly; and

(b)it is unnecessary for the relevant boat to be taken to a landing place.

95Requirement to take relevant boat to landing place—other circumstances

(1)This section applies in relation to the relevant boat if section 94 does not apply in relation to the boat.

(2)The person in control of the relevant boat must cause the boat to travel to a landing place within the following period—

(a)5 days;

(b)if the chief executive has given the person a notice allowing a longer period—the longer period.

(3)Subsection (2) stops applying to the person if the chief executive or an inspector gives the person notice that compliance with subsection (2) is not required.

(4)The chief executive or an inspector may give a notice under subsection (3) if the chief executive or inspector is satisfied—

(a)the approved vessel tracking equipment is working properly; and

(b)it is unnecessary for the relevant boat to be taken to a landing place.

96Further requirement if relevant boat taken to landing place

(1)This section applies if the relevant boat is taken to a landing place under section 94 or 95.

(2)The person in control of the boat must not cause or allow the boat to be used for fishing unless—

(a)the chief executive has given the person a notice that the approved vessel tracking equipment is in a condition that allows it to work properly; or

(b)an approved person has given the chief executive or an inspector notice that the approved vessel tracking equipment is in a condition that allows it to work properly.

(3)In this section—

approved person means a person who is identified in the vessel tracking standard as an approved person for installing approved vessel tracking equipment on a boat.

97Commercial quantity of priority fish

For section 89 of the Act, definition commercial quantity, the quantity prescribed for each priority fish is—

(a)the number or volume stated opposite the fish in schedule 4, part 1; or

(b)if a number is stated opposite the fish in schedule 4, part 1 and the fish are in a form that does not allow the number of the fish to be worked out—the weight equivalent to the number stated opposite the fish in schedule 4, part 1.

98Circumstances in which non-indigenous fisheries resources may be released—Act, s 90

For section 90(2) of the Act, the release or placing of non-indigenous fisheries resources of a species mentioned in schedule 4, part 2, column 2 taken in the waters mentioned opposite the species in column 1 into those waters is prescribed.

99Purpose of chapter

This chapter prescribes information requirements for section 118 of the Act.

100Definitions for chapter

In this chapter—

relevant authority means—

(a)a commercial fisher licence; or

(b)a commercial fishing boat licence; or

(c)a charter fishing licence; or

(d)another authority that authorises the holder of the authority to—

(i)take or possess fish for trade or commerce; or

(ii)use a boat to take or possess fish for trade or commerce.

relevant period—

(a)for part 2—see section 101(b); or

(b)for part 3—see section 105(b).

relevant person, for part 3, see section 105(c).

101Application of part

This part applies if—

(a)the chief executive has, by written notice, required the holder of a relevant authority to keep and give to the chief executive, in the approved form, information about the daily use of a boat under the authority; and

(b)the holder is not the person in control of the boat on a day or a number of days (the relevant period) for which the boat is being used under the authority; and

(c)another person is in control of the boat during the relevant period.

102Authority holder to provide approved form

The holder of the relevant authority must, before the relevant period starts, give the approved form to the person who is to be in control of the boat during the relevant period by—

(a)giving the form personally to the person; or

(b)ensuring the form is left on the boat and telling the person where the form has been left.

103Person in control to keep approved form

(1)The person in control of the boat during the relevant period must—

(a)keep the approved form for the relevant period; and

(b)ensure the approved form is available for immediate inspection during the relevant period.

(2)Subsection (1)(b) does not apply if—

(a)the boat is used in a commercial fishery to which neither a quota declaration nor a quota authority applies; and

(b)the relevant period is 24 hours or less.

104Person in control to return approved form

The person in control of the boat during the relevant period must, at the end of the relevant period, give the approved form to the holder of the relevant authority by—

(a)giving the form personally to the holder; or

(b)ensuring the form is left on the boat and telling the holder where the form has been left.

105Application of part

This part applies if—

(a)the chief executive has, by written notice, required the holder of a relevant authority to keep and give the chief executive, in the approved form, information about the daily fishing activities under the authority; and

(b)the holder is not fishing under the authority on a day or a number of days (the relevant period); and

(c)another person (the relevant person) is fishing under the authority during the relevant period.

106Holder to provide approved form

The holder of the relevant authority must give the approved form to the relevant person before the relevant period starts.

107Relevant person to keep approved form

The relevant person must—

(a)keep the approved form for the relevant period; and

(b)ensure the approved form is available for immediate inspection during the relevant period at the place the person is fishing under the relevant authority.

108Relevant person to return approved form

The relevant person must give the approved form to the holder of the relevant authority as soon as practicable after the relevant period ends.

109Application of part

This part applies if—

(a)fisheries resources are sold by a person (the seller) to another person (the buyer); and

(b)the buyer—

(i)is a person engaged in the business of selling fisheries resources by wholesale or retail; and

(ii)intends to resell any of the fisheries resources for trade or commerce.

110Meaning of relevant quantity particulars

(1)For this part, the relevant quantity particulars, for a species of fish, are—

(a)for abalone—the weight of the abalone; or

(b)for regulated coral reef fin fish that are dead, the weight of the fish in any of the following forms—

(i)whole;

(ii)gilled and gutted;

(iii)filleted;

(iv)another form; or

(c)for regulated coral reef fin fish that are alive—the number of the fish; or

(d)for spanish mackerel, the weight of the spanish mackerel in any of the following forms—

(i)whole;

(ii)gilled and gutted;

(iii)filleted;

(iv)trunked;

(v)another form; or

(e)for fish of another species—the estimated quantity, by weight or number, of the fish.

(2)For subsection (1)(b) or (c), the weight or number of regulated coral reef fin fish, other than coral trout or redthroat emperor, must be recorded—

(a)as a total weight or number for all species of the fish; or

(b)as a weight or number for—

(i)each individual species of the fish; or

(ii)the fish in each group of species of fish identified in a table in schedule 7, part 2; or

(iii)a combination of individual species and groups of species of the fish under subparagraphs (i) and (ii).

111Docket for sale to be given

(1)The seller must give to the buyer, and the buyer must obtain from the seller, a docket for the sale (a sale docket) signed by the seller that contains each of the following particulars—

(a)the name of the buyer;

(b)the buyer’s accreditation number under the seafood food safety scheme or, if the buyer is not accredited under the scheme, the address of the buyer;

(c)the name of the seller;

(d)if the seller is acting under an authority—the number of the authority;

(e)if the seller cultivated the fisheries resources, or is acting for a person who cultivated the fisheries resources, under a development approval—the number of the approval;

(f)if paragraphs (d) and (e) do not apply—the address of the seller;

(g)if the seller is an entity that is incorporated under the Associations Incorporation Act 1981 and engages in stocking fish—the number of the entity’s certificate of incorporation;

(h)the date of the sale;

(i)the relevant quantity particulars for each species of fish sold;

(j)the estimated total quantity, by weight or number, of all fisheries resources sold;

(k)the form in which the fisheries resources are sold.

Examples of forms of fish for paragraph (k)—

live, whole, or in fillets

(2)The seller and buyer comply with subsection (1) if—

(a)the buyer prepares a sale docket; and

(b)the seller—

(i)checks the sale docket; and

(ii)if the seller is satisfied the sale docket is accurate and contains all of the particulars mentioned in subsection (1)—signs the sale docket.

(3)In this section—

seafood food safety scheme means the seafood scheme under the Food Production (Safety) Regulation 2014, chapter 7.

112Seller to keep docket

The seller must keep a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the seller stops possessing the resources.

113Seller to give copy of docket with consignment

If the seller consigns fisheries resources to the buyer, the seller must ensure the consignment is accompanied by a copy of the sale docket for the sale of the resources.

114Buyer to keep docket

(1)The buyer must keep the sale docket for the sale of the fisheries resources available for immediate inspection while the buyer possesses the fisheries resources, or part of the fisheries resources, to which the docket relates.

(2)The buyer must keep a copy of the sale docket for the sale of the fisheries resources for 5 years after the day the buyer stops possessing the resources.

115Application of part

This part applies to a person carrying on the business of processing abalone.

116Definition for part

In this part—

processing, abalone, includes doing any of the following to the abalone—

(a)shelling;

(b)filleting;

(c)cooking;

(d)preserving;

(e)packing.

117Processor to keep record of processing

(1)The person must keep a record in the approved form containing the following particulars for the abalone the person processes—

(a)the person’s full name and usual address;

(b)if the person is not the owner of the abalone—the full name and usual address of the owner;

(c)each species of abalone processed;

(d)the date of processing;

(e)the weight of each species of abalone before processing;

(f)the weight of each species of abalone after processing;

(g)the way the abalone are processed.

(2)The person must keep the record for 5 years after the day the abalone are processed.

118Application of part

This part applies in relation to the following fish (relevant fish)—

(a)spanish mackerel;

(b)regulated coral reef fin fish.

119Buyer to keep record of fish bought outside the State

(1)This section applies if a person buys relevant fish outside the State and brings the fish into the State for trade or commerce.

(2)The person must keep, in the approved form, a record of the particulars for the fish required for a sale docket under section 111.

(3)The person must keep the record from the day the person brings the fish into the State until 5 years after the day the person stops possessing the fish.

120Person who takes fish outside particular fishery areas to keep record of taking

(1)This section applies if a person—

(a)takes, for trade or commerce, relevant fish from Queensland waters other than waters within the fishery area for any of the following fisheries—

(i)the line fishery (other than Great Barrier Reef region);

(ii)the line fishery (reef);

(iii)the line fishery (multiple hook—east coast);

(iv)the spanish mackerel commercial fishery; and

(b)unloads the fish in the State.

(2)The person must keep, in the approved form, a record of the following information—

(a)the date the person took the fish;

(b)the number of the fish taken by the person.

(3)The person must keep the record from immediately before the person unloads the fish in the State until 5 years after the day the person stops possessing the fish.

(4)For subsection (1), a person conducting a charter fishing trip does not take relevant fish for trade or commerce only because the person takes the fish during the charter fishing trip.

121Person transporting fish to keep record of consignment

(1)This section applies if a person in control of a boat or vehicle (a commercial carrier) is transporting, on the boat or in the vehicle, relevant fish for another person (the consignor) for trade or commerce.

(2)However, this section does not apply if a sale docket accompanies the consignment of the relevant fish under section 113.

(3)The commercial carrier must keep a record of the following information in the approved form—

(a)the name of the consignor;

(b)the address of the place where the commercial carrier collected the fish;

(c)the address of the place where the commercial carrier is to deliver the fish.

(4)The commercial carrier must ensure that, while the fish are on board the boat or in the vehicle, the record is—

(a)kept on board the boat or in the vehicle; and

(b)available for immediate inspection.

122Person storing fish to keep record of storage

(1)This section applies if a person (the warehouse keeper) stores relevant fish at a place for another person (the consignor) for trade or commerce.

(2)The warehouse keeper must—

(a)keep a written record stating the name of the consignor; and

(b)ensure that while the fish are stored at the place, the record is—

(i)kept at the place; and

(ii)available for inspection.

123Person using AIVR system to keep record of transaction number

A person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction.

Note—

See section 128 in relation to transaction numbers given when the AIVR system is not working properly or at all.

124Chief executive must establish and operate AIVR system

The chief executive must establish and operate an automated interactive voice response system (the AIVR system) for the following transactions—

(a)a person giving information required to be given, under the Act, to the chief executive by using the AIVR system;

(b)a person obtaining information required or authorised to be obtained, under the Act, from the chief executive by using the AIVR system;

(c)a person changing a fisher PIN.

125Requirements for AIVR system

(1)The AIVR system must provide for—

(a)keeping a record of each transaction carried out by a person using the system; and

(b)giving a person using the system to carry out a transaction a number (a transaction number) to identify the transaction.

(2)For subsection (1)(a), a record of a transaction carried out by a person must include—

(a)any information entered into the system by the person; and

(b)any information given by the system to the person.

126Record kept by AIVR system is evidence of particular information

A record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction.

127Transaction number given by AIVR system is evidence of transaction

A transaction number given by the AIVR system for a transaction is evidence of the transaction.

128Procedure if AIVR system not working properly

(1)This section applies if—

(a)a person (the user) is required or permitted under the Act to give or obtain information, or change a fisher PIN, by using the AIVR system; and

(b)the system is not working properly or at all.

(2)The chief executive must ensure the system transfers the user’s telephone call to either of the following (each a nominated person)—

(a)an officer or employee of the department;

(b)a telecommunications service provider for the chief executive appointed by gazette notice.

(3)If the user is transferred to a nominated person—

(a)the nominated person must give the user a transaction number for the transaction; and

(b)the chief executive must, within 14 days after the transaction, give the user a written notice stating the following—

(i)any information given by the user to the nominated person;

(ii)any information given by the nominated person to the user.

(4)A transaction number given under subsection (3)(a) is taken to have been given by the AIVR system.

(5)A written notice given under subsection (3)(b) stating information mentioned in subsection (3)(b)(i) or (ii) is evidence of that information.

(6)If the user is transferred to a nominated person and gives information to, or obtains information from, the nominated person, the user is taken to have complied with the requirement under the Act to give or obtain the information by using the AIVR system.

129Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence

(1)For schedule 1 of the Act, definition serious fisheries offence, paragraph (c), a fisheries offence constituted by any of the following in relation to the reef line commercial fishery is prescribed—

(a)contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA;

(b)using a tender boat in a way that contravenes the Great Barrier Reef Marine Park Regulations 2019 (Cwlth), regulation 45(3) or 46(2) or the repealed Great Barrier Reef Marine Park Regulations 1983 (Cwlth), regulation 49(2) or 51;

(c)entering or using a marine park in contravention of the Marine Parks Act 2004, section 43 or the Marine Parks Regulation 2017, section 135.

(2)Also, a fisheries offence constituted by any of the following in relation to the east coast trawl fishery is prescribed—

(a)contravening the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 38BA;

(b)entering or using a marine park in contravention of the Marine Parks Act 2004, section 43 or the Marine Parks Regulation 2017, section 135.

130Prescribed matters for evidentiary certificates—Act, s 184

For section 184(4)(g) of the Act, the following matters are prescribed—

(a)information taken by the chief executive from a stated document kept by a stated person under chapter 5;

(b)a summary of information taken by the chief executive from a stated document kept by a stated person under chapter 5.

131Matters about seizure of fisheries resources—Act, s 154

For section 154 of the Act—

(a)fish of a species of regulated fish are declared to be fisheries resources to which the section applies; and

(b)the offences against sections 77 and 78 of the Act are declared to be offences to which the section applies; and

(c)the percentage prescribed for fish that are declared fisheries resources is—

(i)if the Fisheries Declaration 2019, schedule 2 prescribes a threshold percentage for the species of fish—that threshold percentage; or

(ii)otherwise—5%.

132Persons who may be appointed as inspectors

For section 140(1)(d) of the Act, the following persons are prescribed—

(a)an employee of a local government;

(b)a person with relevant knowledge of fisheries resources or fish habitat in a particular area;

Example for paragraph (b)—

a member of an entity engaged in stocking fish

(c)a person appointed to enforce fisheries legislation, other than the Act.

133Prescribed entities for delegation of functions or powers—Act, s 222

(1)For section 222(1)(b) of the Act, each of the following entities is prescribed—

(a)the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994;

(b)a government entity under the Public Service Act 2008, section 24;

(c)Australia Post;

(d)an entity that operates an Australia Post retail service under an agreement or arrangement with Australia Post.

Examples of an agreement or arrangement for paragraph (d)—

•a licence

•a franchise agreement

•an arrangement for an entity to supply services that are ancillary to its other services

(2)However, subsection (1)(b), (c) and (d) applies only in relation to the chief executive’s power to issue a permit to take freshwater fish from a stocked impoundment by using a fishing line.

134Purpose of part

This part states accepted development requirements for fisheries development under section 32 of the Act.

Note—

See the Planning Regulation 2017, schedule 7, part 3 for how works done in accordance with the accepted development requirements affect the classification of the works.

135Accepted development requirements

The requirements for fisheries development mentioned in column 1 are the accepted development requirements stated in the document mentioned in column 2 opposite the development—

Column 1		Column 2
Fisheries development		Document stating accepted development requirements
material change of use of premises for aquaculture		document called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive
operational work for constructing or raising waterway barrier works		document called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive
operational work within a declared fish habitat area		document called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive
removal, destruction or damage of marine plants		document called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive

136Documents stating accepted development requirements available for inspection

A document mentioned in section 135 is—

(a)available for inspection, free of charge, by arrangement with the chief executive; and

(b)published on the department’s website.

137Assessment fees

(1)Schedule 5, parts 1 and 2 state the fees payable for a resource allocation authority and a fish movement exemption notice.

(2)For schedule 5, parts 1 and 2, an application for a resource allocation authority or fish movement exemption notice requires a level 1, 2, 3, 4 or 5 assessment if the chief executive considers the application will reasonably require that level of assessment having regard to each of the following—

(a)the number of hours, and number of persons, that will be involved in assessing the application;

(b)the complexity of assessing the development or activity the subject of the application against the Act;

(c)the number of site inspections that will be required for assessing the application;

(d)whether an environmental impact statement has been, or is required under an Act to be, prepared for the development or activity the subject of the application.

138Definition for division

In this division—

holder, of a licence or other authority, does not include a person who holds the licence or other authority because of a temporary transfer.

139Fees generally

(1)The fees payable under the Act, other than the fees payable under division 1, are stated in schedule 6.

(2)An amount of a fee stated in schedule 6 that is not paid as required under this division may be recovered by the State as a debt.

140General matters about fees for a licence, fishery symbol or quota authority

(1)A fee stated in schedule 6, part 1 for a licence—

(a)is in addition to any fee payable under schedule 6, part 2 for a fishery symbol written on the licence or any quota authority related to the licence; and

(b)is payable by the holder of the licence.

(2)A fee stated in schedule 6, part 2 for a fishery symbol—

(a)is an annual fee; and

(b)is for each fishery symbol of that type written on a licence; and

(c)if the fee includes a reference to a unit or area—is for each unit or area to which the fishery symbol relates; and

(d)is payable by the holder of the licence.

(3)A fee stated in schedule 6, part 2 for a quota authority—

(a)is an annual fee; and

(b)is for each quota authority of that type held by the holder of the authority; and

(c)is payable by the holder of the authority.

141Additional provision about annual fees for a licence, fishery symbol or quota authority

(1)This section applies to—

(a)an annual fee for a licence stated in schedule 6, part 1; and

(b)a fee for a fishery symbol or quota authority stated in schedule 6, part 2.

(2)The fee is payable for a financial year—

(a)in full before the start of the financial year; or

(b)in 2 equal payments of the sum of the amount of the fee and the additional administrative fee, with 1 payment before the start of the financial year and the other payment at least 6 months before the end of the financial year.

(3)If the licence, fishery symbol or quota authority is issued or transferred to a person during a financial year, subsection (2) applies in relation to that financial year as if—

(a)a reference to the start of the financial year were a reference to when the licence, fishery symbol or quota authority was issued or transferred to the person; and

(b)a reference to at least 6 months before the end of the financial year were a reference to the middle of the period starting when the licence, fishery symbol or quota authority was issued or transferred to the person and ending at the end of the financial year.

(4)For subsection (3), a fishery symbol is issued or transferred to a person when the fishery symbol is written on a licence held by the person.

142Further provision about licence, fishery symbol or quota authority held for part of a financial year

(1)This section applies if a licence, fishery symbol or quota authority is held by a person for only part of a financial year.

(2)The annual fee payable by the person for the licence, fishery symbol or quota authority for the financial year is the proportion of the annual fee stated in schedule 6, part 1 or 2 attributable to the number of whole or part months for which the licence, fishery symbol or quota authority is held by the person.

(3)For this section, a fishery symbol is held by a person for the period the fishery symbol is written on a licence held by the person.

143Chief executive may waive or refund a fee

(1)This section applies for waiving or refunding fees stated in schedule 5, part 1 or schedule 6.

(2)The chief executive may—

(a)waive the payment of a fee for a person; or

(b)refund the whole, or a part of, a fee paid by a person.

Examples—

1The chief executive may refund part of a fee for assessing an application for an authority if the application is withdrawn before the chief executive decides the application.

2The chief executive may refund part of a fee for an authority if the authority is surrendered before its expiry.

144Existing commercial fisher licences

Section 31 does not apply to a commercial fisher licence in force immediately before the commencement unless and until the licence is renewed.

145Existing commercial fishing boat licences

Section 34(2) does not apply to a commercial fishing boat licence in force immediately before the commencement unless and until the licence is renewed or transferred.

146Existing general purpose permits

(1)Section 50 does not apply to a general fisheries permit in force immediately before the commencement.

(2)Also, section 25(e) does not affect a general fisheries permit in force immediately before the commencement.

147Existing notices relating to vessel tracking

(1)This section applies to each of the following notices that were still in effect immediately before the commencement—

(a)a boat communication notice given to the chief executive under section 625K of the expired regulation;

(b)a notice given to the chief executive under section 625N of the expired regulation;

(c)a notice given by the chief executive or an inspector under section 625O(3), 625P(3) or 625Q(2)(a) of the expired regulation;

(d)a notice given to the chief executive or an inspector under section 625Q(2)(b) of the expired regulation.

(2)The notice is taken to have been given under the provision of chapter 4, part 1 corresponding to the provision of the expired regulation under which the notice was given.

(3)In this section—

expired regulation means the expired Fisheries Regulation 2008.

148Annual fees for 2019-20 financial year

(1)This section applies in relation to an annual fee payable, under chapter 6, part 4, division 2, for the financial year ending on 30 June 2020 for an authority in force on the commencement.

(2)The annual fee is payable in full before 31 December 2019.

(3)However, if, on the commencement, the holder of the authority has paid all fees relating to the authority that the holder has been liable to pay under the Act before the commencement, the annual fee payable for the authority for the financial year ending on 30 June 2020 is reduced by 50%.

(4)The chief executive may enter into an arrangement with the holder of the authority for the annual fee to be paid in 2 or more payments with the last payment being made no later than 30 June 2020.

149References to 2008 regulation

(1)In an instrument, a reference to the expired Fisheries Regulation 2008 may be taken to be a reference to any of the following, if the context permits—

(a)this regulation;

(b)the Fisheries (Commercial Fisheries) Regulation 2019;

(c)the Fisheries Declaration 2019.

(2)In an instrument, a reference to a provision of the expired Fisheries Regulation 2008 (the expired provision) may, if the context permits, be taken to be a reference to the provision of legislation mentioned in subsection (1)(a), (b) or (c) that corresponds, or substantially corresponds, to the expired provision.

section 20

section 57(2)

•Baffle

•Barron

•Bloomfield

•Bulloo

•Curtis Island

•Daintree

•Endeavour

•Fraser Island

•Hann (with the river basin reference number 1050)

•Hinchinbrook Island

•Jacky Jacky

•Jeannie

•Lockhart

•Mossman

•Mulgrave

•Murray

•Noosa

•Normanby

•North Johnstone

•Olive

•Pascoe

•river basins comprising the Gulf of Carpentaria drainage division

•river basins comprising the Lake Eyre drainage division

•river basins comprising the Murray–Darling drainage division

•Russell

•Shoalwater

•South Johnstone

•Stewart

•Stradbroke Islands

•Tully

•Waterpark

•Whitsunday Island

sections 77 and 78

sections 97 and 98

section 137

sch 5 sub 2019 SL No. 222 s 3

section 139

sch 6 sub 2019 SL No. 222 s 3

section 16

1Definitions for part

In this part—

alternative, in relation to a scientific name for a species of fish, includes a variation of the name.

prescribed reference document see section 3(1)(a).

species includes another taxonomic grouping.

2Scientific names generally

The scientific name for a species of fish mentioned in column 1 of a table in this schedule is the scientific name stated opposite the species of fish in column 2.

3Relevant reference documents

The scientific name for a species of fish mentioned in a provision follows—

(a)generally—the scientific name for the species stated in a document mentioned in part 7 (a prescribed reference document); or

(b)if scientific names for the species, including alternative scientific names, are stated in more than 1 prescribed reference document—the scientific name for the species stated in the prescribed reference document with the lowest item number.

4Different scientific name in prescribed reference document

(1)This section applies if—

(a)a provision (the relevant provision) refers to a scientific name for a species of fish; and

(b)either of the following applies—

(i)the scientific name for the species of fish stated in a prescribed reference document is amended;

(ii)the scientific name for the species of fish is not stated in a prescribed reference document but an alternative scientific name for the same species is stated in a prescribed reference document; and

(c)because of the matter mentioned in paragraph (b), section 3 cannot be applied to the reference to the scientific name for the species of fish in the relevant provision.

(2)The reference to the scientific name for the species of fish in the relevant provision may, if the context permits, be taken to be a reference to—

(a)if subsection (1)(b)(i) applies—the scientific name for the species of fish as stated in the prescribed reference document after the amendment; or

(b)if subsection (1)(b)(ii) applies—the alternative scientific name for the species of fish stated in the prescribed reference document.

1Reference to group of regulated coral reef fin fish includes other taxonomic grouping

A reference to a group of species of fish identified in a table in this part is a reference to a group consisting of each species of fish expressly mentioned in the table and each other taxonomic grouping of the fish.

Table 1—Particular cod and grouper
Column 1	Column 2
Common name	Scientific name
barramundi cod	Cromileptes altivelis
bar rockcod	Epinephelus ergastularius and Epinephelus septemfasciatus
bass groper	Polyprion americanus
birdwire rockcod	Epinephelus merra
blacksaddle rockcod	Epinephelus howlandi
blacktip rockcod	Epinephelus fasciatus
bluelined rockcod	Cephalopholis formosa
bluespotted rockcod	Cephalopholis cyanostigma
brownbarred rockcod	Cephalopholis boenak
camouflage grouper	Epinephelus polyphekadion
Chinaman rockcod	Epinephelus rivulatus
comet grouper	Epinephelus morrhua
coral grouper	Epinephelus corallicola
coral rockcod	Cephalopholis miniata
dot-head rockcod	Cephalopholis microprion
eightbar grouper	Epinephelus octofasciatus
flagtail rockcod	Cephalopholis urodeta
flowery rockcod	Epinephelus fuscoguttatus
foursaddle grouper	Epinephelus spilotoceps
greasy rockcod	Epinephelus tauvina
hapuku	Polyprion oxygeneios
highfin grouper	Epinephelus maculatus
leopard rockcod	Cephalopholis leopardus
longfin rockcod	Epinephelus quoyanus
Maori rockcod	Epinephelus undulatostriatus
peacock rockcod	Cephalopholis argus
potato rockcod	Epinephelus tukula
purple rockcod	Epinephelus cyanopodus
Queensland groper	Epinephelus lanceolatus
radiant rockcod	Epinephelus radiatus
redmouth rockcod	Aethaloperca rogaa
sixband rockcod	Cephalopholis sexmaculata
sixbar grouper	Epinephelus sexfasciatus
snubnose grouper	Epinephelus macrospilos
speckled grouper	Epinephelus magniscuttis
specklefin grouper	Epinephelus ongus
strawberry rockcod	Cephalopholis spiloparaea
thinspine grouper	Gracila albomarginata
tomato rockcod	Cephalopholis sonnerati
whitelined rockcod	Anyperodon leucogrammicus
whitespotted grouper	Epinephelus coeruleopunctatus
wirenet rockcod	Epinephelus hexagonatus
yellowspotted rockcod	Epinephelus areolatus

Table 2—Particular coral trout
Column 1	Column 2
Common name	Scientific name
barcheek coral trout	Plectropomus maculatus
bluespotted coral trout	Plectropomus laevis
common coral trout	Plectropomus leopardus
coral trout	Plectropomus spp. and Variola spp.
passionfruit coral trout	Plectropomus areolatus
vermicular cod	Plectropomus oligacanthus
white-edge coronation trout	Variola albimarginata
yellowedge coronation trout	Variola louti

Table 3—Particular emperor
Column 1	Column 2
Common name	Scientific name
bigeye seabream	Monotaxis grandoculis
collar seabream	Gymnocranius audleyi
goldspot seabream	Gnathodentex aureolineatus
longnose emperor	Lethrinus olivaceus
miscellaneous emperor, other than grass emperor	Lethrinus spp., other than Lethrinus laticaudis
Mozambique seabream	Wattsia mossambica
orangespotted emperor	Lethrinus erythracanthus
orangestriped emperor	Lethrinus obsoletus
ornate emperor	Lethrinus ornatus
paddletail seabream	Gymnocranius euanus
spotcheek emperor	Lethrinus rubrioperculatus
redspot emperor	Lethrinus lentjan
redthroat emperor	Lethrinus miniatus
Robinson’s seabream	Gymnocranius grandoculis
seabream	Gymnocranius spp.
spangled emperor	Lethrinus nebulosus
threadfin emperor	Lethrinus genivittatus
thumbprint emperor	Lethrinus harak
variegated emperor	Lethrinus variegatus
yellowlip emperor	Lethrinus xanthochilus
yellowtail emperor	Lethrinus atkinsoni

Table 4—Fusilier
Column 1	Column 2
Common name	Scientific name
fusilier	family Caesionidae

Table 5—Particular parrotfish
Column 1	Column 2
Common name	Scientific name
bicolour parrotfish	Cetoscarus bicolor
bumphead parrotfish	Bolbometopon muricatum
miscellaneous parrotfish	family Scaridae

Table 6—Particular surgeonfish
Column 1	Column 2
Common name	Scientific name
surgeonfish	Acanthurus spp. and Ctenochaetus spp.
unicornfish	Naso spp. and Prionurus spp.

Table 7—Particular sweetlip
Column 1	Column 2
Common name	Scientific name
miscellaneous sweetlip	Plectorhinchus spp.
painted sweetlip	Diagramma pictum labiosum

Table 8—Particular tropical snapper and seaperch
Column 1	Column 2
Common name	Scientific name
bigeye snapper	Lutjanus lutjanus
black-and-white snapper	Macolor niger
blackspot snapper	Lutjanus fulviflamma
blacktail snapper	Lutjanus fulvus
bluestriped snapper	Lutjanus kasmira
brownstripe snapper	Lutjanus vitta
Chinamanfish	Symphorus nematophorus
crimson snapper	Lutjanus erythropterus
darktail snapper	Lutjanus lemniscatus
fiveline snapper	Lutjanus quinquelineatus
flame snapper	Etelis coruscans
goldband snapper	Pristipomoides multidens and Pristipomoides typus
green jobfish	Aprion virescens
hussar	Lutjanus adetii
lavender snapper	Pristipomoides sieboldii
Maori snapper	Lutjanus rivulatus
midnight snapper	Macolor macularis
miscellaneous jobfish and snapper, other than mangrove jack and golden snapper	Aphareus spp., Etelis spp., Pristipomoides spp., and Lutjanus spp., other than Lutjanus argentimaculatus and Lutjanus johnii
Moses snapper	Lutjanus russelli
onespot snapper	Lutjanus monostigma
paddletail	Lutjanus gibbus
red bass	Lutjanus bohar
red emperor	Lutjanus sebae
rosy snapper	Pristipomoides filamentosus
ruby snapper	Etelis carbunculus
saddletail snapper	Lutjanus malabaricus
sailfin snapper	Symphorichthys spilurus
smalltooth jobfish	Aphareus furca
stripey snapper	Lutjanus carponotatus

Table 9—Particular wrasse
Column 1	Column 2
Common name	Scientific name
anchor tuskfish	Choerodon anchorago
blackspot tuskfish	Choerodon schoenleinii
blue tuskfish	Choerodon cyanodus
humphead Maori wrasse	Cheilinus undulatus
pigfish	Bodianus spp.
purple tuskfish	Choerodon cephalotes
redbreast Maori wrasse	Cheilinus fasciatus
tripletail Maori wrasse	Cheilinus trilobatus
Venus tuskfish	Choerodon venustus