Fisheries Declaration 2019

Fisheries Declaration 2019

1Short title

This declaration may be cited as the Fisheries Declaration 2019.

2Commencement

This declaration commences on 28 May 2019.

3Interpretation

(1)The dictionary in schedule 5 defines particular words used in this declaration.

(2)A reference in this declaration to particular regulated waters by name or description is a reference to the regulated waters with that name or description under schedule 1.

(3)Subject to subsections (1) and (2), and unless this declaration provides otherwise, terms used in it have the meaning given under the Fisheries (General) Regulation 2019.

(4)Subsection (3) is not limited to a term defined under the Fisheries (General) Regulation 2019 but also applies to a provision of the regulation that aids the interpretation of a term mentioned in the regulation.

Note—

See, for example—

(a)sections 14 and 15 of the regulation for the interpretation of references to periods and times; and

(b)schedule 7 of the regulation for the interpretation of references to, or relating to, fish; and

(c)schedule 8 of the regulation for the interpretation of references to, or relating to, waters or areas; and

(d)schedule 9 of the regulation for the interpretation of references to, or relating to, boats; and

(e)schedule 10 of the regulation for the interpretation of references to, or relating to, fishing apparatus.

s 3 amd 2019 SL No. 181 s 4

4Application of fisheries declarations

(1)A prohibition or restriction on the carrying out of an activity under a fisheries declaration applies to persons acting under an authority.

Note—

See also the Fisheries (General) Regulation 2019, section 29(4).

(2)If an activity is prohibited under a fisheries declaration, the activity is prohibited even if the activity is not prohibited, or is not prohibited in the same way, under another fisheries declaration, whether of the same type or another type.

(3)If 2 or more fisheries declarations, whether of the same type or different types, apply to the carrying out of an activity, both or all of the fisheries declarations must be complied with in relation to the carrying out of the activity.

Examples—

1Under a regulated waters declaration, a person must not in the northern rocklobster waters take a tropical rocklobster in the regulated period from 1 October to 31 December or possess a tropical rocklobster taken in the waters in that period. Under a regulated fish declaration, a recreational fisher may take or possess a maximum of 5 tropical rocklobsters. A recreational fisher must not take tropical rocklobsters in the northern rocklobster waters between 1 October and 31 December, or possess tropical rocklobsters taken in the waters in that period, even though the recreational fisher could take or possess up to a maximum of 5 tropical rocklobsters under the regulated fish declaration.

2Under a regulated fish declaration, a recreational fisher may take a maximum of 8 redthroat emperor. Under another regulated fish declaration, a recreational fisher may take a maximum of 20 regulated coral reef fin fish. A recreational fisher takes 17 regulated coral reef fin fish, consisting of 7 regulated coral trout and 10 hussar, and intends to take redthroat emperor. To comply with both declarations, the recreational fisher may take a maximum of 3 redthroat emperor.

s 4 amd 2019 SL No. 181 s 5; 2020 SL No. 236 s 39; 2022 SL No. 76 s 4

5References to taking a particular quantity of fish

For a fisheries declaration, a person takes a particular quantity of fish only if, at any given time, the person possesses that quantity of fish that the person has taken.

6Operation of chapter

(1)This chapter provides for regulated waters declarations under sections 33 and 35 of the Act.

(2)Part 2 declares particular waters to be regulated waters.

(3)Parts 3 to 13 regulate the carrying out of particular activities in the regulated waters.

7Activity regulated in stated period

(1)This section applies if a regulated waters declaration states a period in which an activity is regulated in stated regulated waters.

(2)The activity is regulated in the stated regulated waters under the regulated waters declaration only in the stated period.

8Activity regulated at all times if no period stated

(1)This section applies if—

(a)an activity is regulated in stated regulated waters under a regulated waters declaration; and

(b)the declaration does not state a particular period in which the activity is regulated in the waters.

(2)The activity is regulated in the regulated waters at all times.

9Fisheries regulated waters plans

(1)The chief executive may prepare a fisheries regulated waters plan for this chapter.

(2)A fisheries regulated water plan is—

(a)held by the chief executive; and

(b)identified by the prefix ‘FRW’ followed by the plan number.

Example—

‘FRW-303’

(3)Copies of fisheries regulated waters plans are—

(a)available for inspection, free of charge, during office hours on business days at the department’s head office; and

(b)published on the department’s website.

10Particular waters declared as regulated waters

(1)Each of the waters described in schedule 1, column 2—

(a)is declared to be regulated waters; and

(b)has the name set out opposite it in column 1 of the schedule.

(2)The regulated waters in schedule 1, part 1 are named by reference to particular fish, the taking or possession of which is regulated in the waters.

(3)The regulated waters in schedule 1, part 2 are—

(a)named by reference to their location; and

(b)listed in approximate order of their location going from the State’s border with New South Wales to the State’s border with the Northern Territory.

Notes—

1To help users of this declaration, indicative plans of particular regulated waters are published on the department’s website.

2The indicative plans are not applied, adopted or incorporated by this declaration.

11Regulated waters shown on a fisheries regulated waters plan

(1)This section applies for identifying waters that form part of regulated waters that are declared by reference to waters shown as regulated waters on a fisheries regulated waters plan.

(2)Waters shown within the boundary lines on the fisheries regulated waters plan are part of the regulated waters.

(3)However, if the fisheries regulated waters plan shows that waters within a particular boundary are excluded from the regulated waters shown on the plan, those waters are not part of the regulated waters.

(4)If the fisheries regulated waters plan shows a boundary by reference to a geographical feature or fixed structure—

(a)the boundary is decided by reference to the feature or structure; and

(b)to the extent the boundary is decided by reference to the feature or structure, a line in relation to the boundary shown on the plan is only indicative of the current position of the boundary.

Example—

Regulated waters are shown on a fisheries regulated waters plan by reference to a shoreline. Rough weather alters the location of parts of the shoreline. The boundary of the regulated waters is decided by reference to the shoreline as altered, despite any inconsistency with the location of the shoreline as shown on the plan.

(5)Also, if the fisheries regulated waters plan shows a boundary with a gap in it, the boundary continues in a straight line across the gap to the nearest point of the boundary on the other side of the gap.

12Activities regulated

(1)A person must not carry out an activity in regulated waters that is prohibited under parts 4 to 12.

Note—

The provisions under which activities in particular regulated waters are regulated are stated opposite the waters in schedule 1, column 3.

(2)Subsection (1) does not apply to a person carrying out an activity that is permitted under part 13.

13Regulated waters to which division applies

This division applies to the following regulated waters—

•Flat Rock (grey nurse shark protection area)

•Cherub’s Cave (grey nurse shark protection area)

•Henderson Rock (grey nurse shark protection area).

14Taking or possessing fish

A person must not in the regulated waters—

(a)take any fish; or

(b)possess a fish taken in contravention of paragraph (a).

15Exception for taking fish by hand, scoop net or seine net

Despite section 14, a person may take a fish in the regulated waters if the person takes the fish—

(a)under an A1 or A2 licence; and

(b)by hand or using a scoop net or seine net; and

(c)from 6a.m. to 6p.m. on a particular day.

s 15 amd 2020 SL No. 236 s 82 sch 1

16Exception for taking spanner crabs

(1)Despite section 14, a person may take a spanner crab in the regulated waters if the person takes the crab—

(a)under a C2 licence; and

(b)from 6a.m. to 6p.m. on a particular day.

(2)Despite section 14, a recreational fisher may take a spanner crab in the regulated waters if the fisher—

(a)does not use fishing apparatus, other than a prescribed dilly, to take the crab; and

(b)uses no more than 4 prescribed dillies to take the crab.

(3)In this section—

prescribed dilly means a dilly that has—

(a)an area within its frame of no more than 1m²; and

(b)a net drop below its frame of no more than 10cm; and

(c)a net made up of square or rectangular meshes with a mesh size of at least 25mm; and

(d)the following attached to it—

(i)a tag on which is written, legibly, visibly and in English, the full name and address of the person using the dilly;

(ii)a solid, light-coloured float that is no less than 15cm in any dimension and on which the name of the person using the dilly is also written, legibly, visibly and in English.

s 16 amd 2019 SL No. 181 s 6; 2020 SL No. 236 ss 40, 82 sch 1

17Regulated waters to which division applies

(1)This division applies to the following regulated waters—

•Mission Bay

•Torres Strait near Hammond Island

•South Mitchell River.

(2)This division also applies to the following regulated waters—

•Coombabah Lake and Coombabah Creek

•Swan Bay

•Wolf Rock (grey nurse shark protection area)

•Tinana Creek Barrage

•Tinana Creek (upstream)

•Mary River Barrage

•Burnett River Barrage

•Kolan River Barrage

•Fitzroy River Barrage

•Keppel Bay (fishing)

•Dalrymple Bay and Hay Point

•Hook Island (fishing)

•Yanks Jetty at Orpheus Island

•Centenary Lakes, Cairns

•Barron River (fishing)

•Bizant River, Princess Charlotte Bay.

s 17 amd 2019 SL No. 181 s 7; 2020 SL No. 236 s 41

18Taking or possessing fish

A person must not in the regulated waters—

(a)take any fish; or

(b)possess a fish taken in contravention of paragraph (a).

Note—

See also the Fisheries (General) Regulation 2019, section 51 in relation to the issue of general purpose permits for the regulated waters mentioned in section 17(2).

s 18 amd 2019 SL No. 181 s 27 sch 1

19Exception for juvenile eel

(1)Despite section 18, a person may take a juvenile eel in the following regulated waters if the person takes the eel under a JE licence—

•Mary River Barrage

•Burnett River Barrage

•Kolan River Barrage

•Fitzroy River Barrage.

(2)In this section—

juvenile eel means an elver or a glass eel.

s 19 amd 2019 SL No. 181 s 27 sch 1; 2020 SL No. 236 s 82 sch 1

20Taking or possessing barramundi in regulated period—waters other than the Gulf of Carpentaria waters

(1)A person must not in the waters other than the Gulf of Carpentaria waters—

(a)take barramundi in the regulated period; or

(b)possess barramundi taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 November to 31 January.

s 20 amd 2019 SL No. 181 s 8; 2020 SL No. 236 s 42

21Taking or possessing barramundi in regulated periods—Gulf of Carpentaria waters

(1)A person must not in the Gulf of Carpentaria waters—

(a)take barramundi in the regulated taking period; or

(b)possess barramundi taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated taking period is from 7 October to 31 January.

(3)Also, a person must not in the Gulf of Carpentaria waters possess barramundi on a boat in the regulated possession period, whether or not the fish have been taken in the waters.

(4)For subsection (3), the regulated possession period is from 17 October to 31 January.

s 21 amd 2019 SL No. 181 s 8; 2020 SL No. 236 s 43

22Exception for recreational fishing

(1)Despite sections 20 and 21, a recreational fisher may—

(a)take no more than 1 barramundi in a prescribed barramundi waterway within the regulated waters under section 20 or 21; or

(b)possess a barramundi taken under paragraph (a).

(2)However, subsection (1) applies only if the recreational fisher does not possess the barramundi while taking fish in the regulated waters, other than a prescribed barramundi waterway.

23Taking or possessing regulated coral reef fin fish in regulated periods—coral reef fin fish waters

(1)A person must not in the coral reef fin fish waters—

(a)take a regulated coral reef fin fish in a regulated period; or

(b)possess a regulated coral reef fin fish 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 30 September 2024 to 4 October 2024;

(b)from 29 October 2024 to 2 November 2024;

(c)from 18 October 2025 to 22 October 2025;

(d)from 17 November 2025 to 21 November 2025;

(e)from 8 October 2026 to 12 October 2026;

(f)from 6 November 2026 to 10 November 2026;

(g)from 26 October 2027 to 30 October 2027;

(h)from 25 November 2027 to 29 November 2027;

(i)from 15 October 2028 to 19 October 2028;

(j)from 13 November 2028 to 17 November 2028;

(k)from 5 October 2029 to 9 October 2029;

(l)from 3 November 2029 to 7 November 2029;

(m)from 24 October 2030 to 28 October 2030;

(n)from 22 November 2030 to 26 November 2030;

(o)from 13 October 2031 to 17 October 2031;

(p)from 12 November 2031 to 16 November 2031;

(q)from 1 October 2032 to 5 October 2032;

(r)from 31 October 2032 to 4 November 2032;

(s)from 20 October 2033 to 24 October 2033;

(t)from 19 November 2033 to 23 November 2033.

s 23 amd 2024 SL No. 189 s 3

24Exception for recreational fishing

Despite section 23(1)(b), a person may possess a regulated coral reef fin fish on a boat in the coral reef fin fish waters if—

(a)the fish has not been taken in the waters in contravention of section 23(1)(a); and

(b)either of the following applies—

(i)the person is in possession of the fish for the purpose of consumption on the boat and the boat is not a commercial fishing boat and does not have a fishing line, spear or spear gun on board;

(ii)the boat is being used for a charter fishing trip that has been conducted for an uninterrupted period of at least 24 hours.

25Exception for commercial fishing

(1)Despite section 23(1)(b), a person may possess a regulated coral reef fin fish on a boat in the coral reef fin fish waters if—

(a)the fish has not been taken in the waters in contravention of section 23(1)(a); and

(b)the fish has been taken under line units and is on an authorised boat for the holder of the line units; and

(c)either—

(i)the boat is at a relevant landing place or in a relevant defined port area; or

(ii)the boat is not at a place or in an area mentioned in subparagraph (i) and it is during a permitted period.

(2)In this section—

authorised boat, for the holder of line units, means an authorised boat, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, for the primary commercial fishing licence under which regulated coral reef fin fish, taken under the line units, are taken.

permitted period means—

(a)a period other than a regulated period mentioned in section 23(2); or

(b)the period from the beginning of the first day of a regulated period mentioned in section 23(2) to 6p.m. on the day.

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

(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 line 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.

s 25 amd 2019 SL No. 181 ss 9, 27 sch 1; 2020 SL No. 236 ss 44, 176

26Regulated waters to which division applies

This division applies to the following regulated waters—

•Dumaresq River at Bonshaw Weir

•Pike Creek at Glenlyon Dam

•Barwon River at Mungindi Weir

•Severn River at Queen Mine Waterhole

•Quart Pot Creek at Storm King Dam

•Balonne River at Beardmore Dam and Jack Taylor Weir

•Macintyre River at Goondiwindi Weir

•Macintyre Brook at Coolmunda Dam, Whetstone and Bendor weirs

•Sandy Creek at Leslie Dam

•Burnett Creek at Maroon Dam

•Reynolds Creek at Moogerah Dam

•Nerang River at Hinze Dam

•Teviot Brook at Wyaralong Dam

•Albert River at Luscombe Weir

•Logan River at South Maclean and Cedar Grove weirs

•Brisbane River at Old Mt Crosby Weir

•Brisbane River at Mt Crosby Weir

•Brisbane River at Wivenhoe Dam

•North Pine River at North Pine Dam

•Sideling Creek at Kurwongbah Dam

•Balonne River at Surat Weir

•Condamine River at Chinchilla, Loudon, Lemon Tree, Yarramalong, Cecil Plains and Reilly’s weirs

•Dogwood Creek at Gil Weir (formerly Miles Weir)

•Yabba Creek at Borumba Dam

•Stuart River at Gordonbrook Dam

•Six Mile Creek at Lake MacDonald

•Boyne River (Auburn river basin) at Boondooma Dam

•Dawson River at Glebe Weir

•Dawson River at Gyranda Weir

•Nogo River at Wuruma Dam

•Dawson River at Theodore Weir

•Burnett River at Paradise Dam, Claude Wharton, Ned Churchward and Kirar weirs

•Three Moon Creek at Cania Dam

•Dawson River at Moura Weir

•Dawson River at Orange Creek Weir

•Dawson River at Neville Hewitt Weir

•Boyne River (Boyne river basin) at Awoonga Dam

•Fitzroy River at Eden Bann Weir

•Thomson River at Fairmount Weir

•Fitzroy River at Wattlebank Control Weir

•Nogoa River at Fairbairn Dam

•Pioneer River at the Marian, Mirani and Dumbleton weirs

•Burdekin River at Clare Weir.

27Taking or possessing freshwater fish

A person must not in the regulated waters—

(a)take a freshwater fish; or

(b)possess a freshwater fish taken in contravention of paragraph (a).

ch 2 pt 5 div 3A hdg ins 2023 SL No. 80 s 4

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.

s 27A ins 2023 SL No. 80 s 4

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.

s 27B ins 2023 SL No. 80 s 4

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.

s 27C ins 2023 SL No. 80 s 4

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.

s 27D ins 2023 SL No. 80 s 4

28Taking or possessing Australian bass in regulated period—regulated tidal waters

(1)A person must not—

(a)take Australian bass in the regulated tidal waters in the regulated period; or

(b)possess Australian bass taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 June to 31 August.

29Taking or possessing black jewfish—North Cape York

A person must not in the North Cape York regulated waters—

(a)take a black jewfish; or

(b)possess a black jewfish taken in contravention of paragraph (a).

s 29 sub 2019 SL No. 181 s 10; 2020 SL No. 236 s 45

30Taking or possessing Craterocephalus—Thomson river basin

A person must not in the Thomson river basin regulated waters—

(a)take a fish of the genus Craterocephalus; or

(b)possess a fish of the genus Craterocephalus taken in contravention of paragraph (a).

31Taking or possessing fish other than fin fish—Fitzroy Island–High Island

A person must not in the Fitzroy Island–High Island regulated waters—

(a)take any fish other than a fin fish; or

(b)possess a fish taken in contravention of paragraph (a).

32Taking or possessing mud crabs—Eurimbula Creek

A person must not in the Eurimbula Creek regulated waters—

(a)take a mud crab; or

(b)possess a mud crab taken in contravention of paragraph (a).

33Taking or possessing Murray cod in regulated period—particular waters of the Murray–Darling drainage division

(1)A person must not in the particular waters of the Murray–Darling drainage division—

(a)take a Murray cod in the regulated period; or

(b)possess a Murray cod taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 August to 31 October.

s 33 amd 2019 SL No. 181 s 11

34Taking or possessing pearl oysters—Darnley Island

A person must not in the Darnley Island regulated waters—

(a)take a pearl oyster; or

(b)possess a pearl oyster taken in contravention of paragraph (a).

35Taking or possessing snapper or pearl perch in regulated period—snapper and pearl perch waters

(1)A person must not in the snapper and pearl perch waters—

(a)take a snapper or pearl perch in the regulated period; or

(b)possess a snapper or pearl perch taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 15 July to 15 August.

s 35 sub 2019 SL No. 181 s 12

amd 2024 SL No. 189 s 4

36Taking or possessing spanner crabs in regulated period—spanner crab waters

(1)A person must not in the spanner crab waters—

(a)take a spanner crab in the regulated period; or

(b)possess a spanner crab taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 November to 15 December.

37Taking or possessing tropical rocklobsters in regulated period—northern rocklobster waters

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

(a)take a tropical rocklobster in the regulated period; or

(b)possess a tropical rocklobster taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 October to 31 December.

s 37 amd 2020 SL No. 236 s 46

38Taking or possessing worms of the class Polychaeta—Wynnum (worm area)

A person must not in the Wynnum (worm area)—

(a)take a worm belonging to the class Polychaeta; or

(b)possess a worm taken in contravention of paragraph (a).

39Possessing or using fishing lines—Obi Obi Creek

A person must not in the Obi Obi Creek regulated waters—

(a)possess a fishing line; or

(b)use a fishing line to take a fish; or

(c)possess a fish taken in contravention of paragraph (b).

39APossessing or using fishing lines in regulated period—particular regulated waters

(1)This section applies to the following regulated waters—

•Coomera River (upstream)

•Albert River (upstream)

•Running Creek

•Christmas Creek

•Stanley River

•Mary River (upstream).

(2)A person must not in the regulated waters—

(a)possess a fishing line in the regulated period; or

(b)use a fishing line to take a fish in the regulated period; or

(c)possess a fish taken in contravention of paragraph (b).

(3)For subsection (2)(a) and (b), the regulated period is 1 August to 31 October.

s 39A ins 2019 SL No. 181 s 13

40Possessing or using nets—Burnett River (netting) and Water Park Creek

(1)This section applies to the following regulated waters—

•Burnett River (netting)

•Water Park Creek.

(2)A person must not in the regulated waters—

(a)possess a net; or

(b)use a net to take a fish; or

(c)possess a fish taken in contravention of paragraph (b).

41Using shell dredges—particular regulated waters

(1)This section applies to the following regulated waters—

•waterways, lakes and lagoons within the limits of the State

•Moreton Bay (whole)

•Hervey Bay and Great Sandy Strait (shell dredging)

•Hinchinbrook Channel (fishing apparatus area 1).

(2)A person must not in the regulated waters—

(a)use a shell dredge to take a fish; or

(b)possess a fish taken in contravention of paragraph (a).

42Taking or possessing great barracuda, pickhandle barracuda or spanish mackerel—Platypus Bay

A recreational fisher must not in the Platypus Bay regulated waters—

(a)take a great barracuda, pickhandle barracuda or spanish mackerel; or

(b)possess a fish taken in contravention of paragraph (a).

43Taking or possessing fin fish in regulated period—Fraser Island (Indian Head–Waddy Point)

(1)A recreational fisher must not in the Fraser Island (Indian Head–Waddy Point) regulated waters—

(a)take a fin fish in the regulated period; or

(b)possess a fin fish taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 August to 29 September.

s 43 amd 2019 SL No. 181 s 8; 2020 SL No. 236 s 47

44Taking or possessing fin fish—Pine River (north of Weipa)

A recreational fisher must not in the Pine River (north of Weipa)—

(a)take a fin fish; or

(b)possess a fin fish taken in contravention of paragraph (a).

47Taking or possessing sea cucumbers—sea cucumber waters

A recreational fisher must not in the sea cucumber waters—

(a)take a sea cucumber; or

(b)possess a sea cucumber taken in contravention of paragraph (a).

48Possessing or using nets—Hervey Bay (recreational netting) and Rodds Harbour (recreational netting)

(1)This section applies to the following regulated waters—

•Hervey Bay (recreational netting)

•Rodds Harbour (recreational netting).

(2)A recreational fisher must not in the regulated waters—

(a)possess a net; or

(b)use a net to take a fish; or

(c)possess a fish taken in contravention of paragraph (b).

49Possessing or using nets other than scoop nets—Skyringville Creek (downstream)

A recreational fisher must not in the Skyringville Creek (downstream) regulated waters—

(a)possess a net, other than a scoop net; or

(b)use a net, other than a scoop net, to take a fish; or

(c)possess a fish taken in contravention of paragraph (b).

50Possessing or using spears or spear guns—particular regulated waters

(1)This section applies to the following regulated waters—

•jetties in, or south of, Noosa River

•Tallebudgera Creek (spearing)

•Southern Moreton Bay (including The Broadwater)

•Moreton Island (artificial reef area)

•Pumicestone Strait (spearing)

•Mooloolah River (spearing)

•Maroochy River (spearing)

•Noosa River (spearing)

•North Sandy Strait (artificial reef area)

•Hervey Bay (artificial reef area off Woodgate)

•Bargara Beach

•Great Keppel Island

•North Keppel Island

•Brampton Island–Pelican Island–Carlisle Island

•Seaforth Island

•Lindeman Island

•Long Island

•Molle Island

•West Molle Island

•Hook Island (spearing)

•Hayman Island

•main wharf at Port Denison, Bowen

•Cape Edgecumbe

•jetties at Dungeness and Lucinda Point

•Richards Island

•Dunk Island

•Cooktown wharf and nearby pontoons.

(2)A recreational fisher must not in the regulated waters—

(a)possess a spear or spear gun; or

(b)use a spear or spear gun to take a fish; or

(c)possess a fish taken in contravention of paragraph (b).

51Taking or possessing fish—Pumicestone Strait (commercial fishing)

A person must not in the Pumicestone Strait (commercial fishing) regulated waters—

(a)take any fish for trade or commerce; or

(b)possess a fish taken in contravention of paragraph (a).

52Taking or possessing fish in regulated period—Fraser Island (Indian Head–Waddy Point)

(1)A person must not in the Fraser Island (Indian Head–Waddy Point) regulated waters—

(a)take any fish for trade or commerce in the regulated period; or

(b)possess a fish taken in contravention of paragraph (a).

(2)For subsection (1)(a), the regulated period is from 1 August to 29 September.

s 52 amd 2019 SL No. 181 s 8; 2020 SL No. 236 s 48

53Taking or possessing particular fish—Platypus Bay

A person must not in the Platypus Bay regulated waters—

(a)take any of the following fish for trade or commerce—

(i)catfish of the family Ariidae;

(ii)cobia;

(iii)giant queenfish;

(iv)great barracuda;

(v)spanish mackerel;

(vi)pickhandle barracuda;

(vii)yellowtail kingfish; or

(b)possess a fish taken in contravention of paragraph (a).

54Regulated waters to which division applies

This division applies to the following regulated waters—

•The Broadwater (southern part) and Nerang River

•Gold Coast Seaway

•The Broadwater (western part)

•Currumbin Creek

•Currumbin Beach

•Tallebudgera Creek (netting)

•Coombabah Creek, Oyster Lake and Saltwater Creek

•Coomera River

•Manly Boat Harbour

•Wynnum and Manly

•Brisbane River (netting)

•Brisbane Airport floodway channel to the Pine River

•Sandgate Pier

•South Pine River and North Pine River

•Currimundi Lake and Currimundi Creek near Caloundra

•Mooloolah River (netting)

•Maroochy River and ocean foreshores (netting)

•South Maroochy River and the North Maroochy River

•Weyba Creek

•Noosa River and Noosa’s main beach

•Lake Como, Kin Kin Creek, upper Noosa River and Lake Cootharaba

•Rainbow Beach

•Snapper Creek near Tin Can Bay

•Wide Bay Bar

•Theodolite Creek

•Hervey Bay (commercial netting)

•Coonarr Creek

•Round Hill Creek

•Eurimbula Creek

•Rodds Harbour (commercial netting)

•Calliope River (upstream from Farmers Island)

•Fitzroy River (town reach netting)

•Cawarral Creek

•Causeway Lake, Shoal Bay

•Rocky Dam Creek

•Louisa Creek

•Pioneer River (upstream)

•Constant Creek (upstream)

•Reliance Creek, west of Eimeo

•Seaforth Creek

•Victor Creek

•Proserpine River

•Pioneer Bay

•Bowen Harbour and Magazine Island

•Merinda Creek

•Groper Creek, Yellow Gin Creek and the Burdekin River

•Burdekin River Anabranch

•Plantation Creek and Seaforth Creek

•Barramundi Creek

•Haughton River and the Short Cut

•Townsville Harbour and Cleveland Bay

•Rollingstone Creek

•Herbert River

•Hinchinbrook Channel (fishing apparatus area 2)

•Meunga Creek

•Murray River

•Johnstone River

•Russell River, Mulgrave River and Mutchero Inlet

•Trinity Inlet

•Trinity Bay (other than Trinity Inlet)

•Daintree River

•Bloomfield River

•Annan River

•Endeavour River

•Bizant River, North Kennedy River and Normanby River

•Watson River

•Kirke River

•Mitchell River

•Staaten River

•Gilbert River

•Bynoe River and Little Bynoe River

•Flinders River and Armstrong Creek

•Albert River

•Nicholson River

•Gin Arm Creek.

s 54 amd 2024 SL No. 52 s 4

55Possessing or using nets for taking fish

A person must not in the regulated waters—

(a)possess a net for taking a fish for trade or commerce; or

(b)use a net to take a fish for trade or commerce; or

(c)possess a fish taken in contravention of paragraph (b).

56Regulated waters to which division applies and their regulated periods

In the table below—

(a)column 1 states the regulated waters to which this division applies; and

(b)column 2 states the regulated periods for the regulated waters.

Column 1	Column 2
Regulated waters	Regulated periods
lakes and lagoons south of the northern bank of the Endeavour River and east of longitude 142º31'49" east	from 6p.m. on Friday to 6p.m. on Sunday
waterways south of Double Island Point	from 6p.m. on Friday to 6p.m. on Sunday
The Broadwater (central part)	the following regulated periods— (a)  from 1 August to 31 August; (b)  from 1 September to 30 November, at the following times— •  Monday to Thursday—from 6a.m. to 6p.m; •  from 6a.m. on Friday to 6p.m. on Sunday; (c)  from 1 December to the end of February
Tallebudgera Creek to Burleigh (netting)	from 1 September to 30 April
North Stradbroke Island (northern beaches)	from 20 September to 1 April
Dunwich	from 1 August to 30 April
Moreton Bay (including The Broadwater)	from 6p.m. on Friday to 6p.m. on Sunday
Caloundra (Kings Beach to Shelly Beach)	from 1 September to 31 March
Noosa River (ocean foreshore)	from 1 May to 31 August
Fraser Island (Tooloora Creek to Ngkala Rocks)	from 1 April to 1 September
Fraser Island (Hook Point to northern tip)	from 1 September to 1 April
Great Sandy Strait	the following regulated periods— (a)  from 1 February to 30 November—from 2p.m. on Friday to 2p.m. on Sunday; (b)  from 1 December to 31 January—from 6p.m. on Friday to 6p.m. on Sunday
Point Vernon to Cape Manifold	from 6p.m. on Friday to 6p.m. on Sunday
Wild Cattle Creek	from 1 September to 30 April
Tannum Sands	from 1 September to 30 April
Boyne River and part of South Trees Inlet	from 1 September to 30 April
Port of Gladstone and The Narrows	from 6p.m. on Friday to 6p.m. on Sunday
Fitzroy River mouth	from 6p.m. on Friday to 6p.m. on Sunday
St Lawrence Creek to Endeavour River	from 6p.m. on Friday to 6p.m. on Sunday
Hinchinbrook Channel (all nets)	from 6p.m. on Friday to 6p.m. on Sunday

s 56 amd 2019 SL No. 181 s 8

57Possessing or using nets for taking fish in regulated periods

A person must not in the regulated waters—

(a)possess a net for taking a fish for trade or commerce in the regulated period for the waters; or

(b)use a net to take a fish for trade or commerce in the regulated period for the waters; or

(c)possess a fish taken in contravention of paragraph (b).

58Using commercial fishing nets to take spanish mackerel—spanish mackerel waters

A person must not in the spanish mackerel waters—

(a)use a commercial fishing net to take a spanish mackerel for trade or commerce; or

(b)possess a spanish mackerel taken in contravention of paragraph (a).

59Using commercial fishing nets to take tailor—Fraser Island (tailor)

A person must not in the Fraser Island (tailor) regulated waters—

(a)use a commercial fishing net to take a tailor for trade or commerce; or

(b)possess a tailor taken in contravention of paragraph (a).

60Possessing or using particular commercial fishing nets to take fish—particular regulated waters

A person must not in the regulated waters stated in column 1 of the table below—

(a)possess a commercial fishing net of a type stated opposite the regulated waters in column 2 of the table; or

(b)use a net mentioned in paragraph (a) to take a fish for trade or commerce; or

(c)possess a fish taken in contravention of paragraph (b).

Column 1	Column 2
Regulated waters	Prohibited commercial fishing nets
south of North Stradbroke Island	a net that is neither fixed nor hauled of a type mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153K or a set mesh net of a type mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153N
Moreton Bay (area 1)	a net that is neither fixed nor hauled of a type mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153K or a set mesh net of a type mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153N
Moreton Island to Double Island Point	a net that is neither fixed nor hauled of a type mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153K or a set mesh net of a type mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153N
Fraser Island (rivers and creeks)	a set mesh net of a type, and used in a way, mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 153M(1)
Hervey Bay (scallop ranching area)	a trawl net
Pioneer River (downstream)	a commercial fishing net other than— (a)  a cast net; or (b)  a mesh net used as a seine net
O’Connell River	a commercial fishing net other than— (a)  a cast net; or (b)  a mesh net used as a seine net

s 60 amd 2019 SL No. 181 s 27 sch 1; 2023 SL No. 194 s 22

61Regulated waters to which division applies

This division applies to the following regulated waters—

•Bundaberg–Gladstone–Rockhampton (regional waterways)

•Middle Head to Norton Point

•South Trees Inlet

•Calliope River (near mouth)

•Curtis Island

•Cattle Point to Cardigan Point

•Island Bluff to Charon Point

•Little Cape Creek to Shag Creek

•South Bluff to Coconut Point

•Mackay (regional waterways)

•Constant Creek (near mouth)

•Burdekin–Townsville–Ingham (regional waterways)

•Nobbies Inlet

•Burdekin River Anabranch mouth

•Sheep Station Creek to Barratta Creek

•Victoria Creek

•Gentle Annie Creek

•Hinchinbrook Channel (set mesh nets)

•Macushla Point to Forkey’s Creek (Hinchinbrook Island)

•Innisfail (regional waterways)

•Thompson Point to Flying Fish Point

•Cairns and Port Douglas (regional waterways)

•Barron River area (netting)

•Mossman River area.

62Possessing or using particular set mesh nets to take fish in regulated period

(1)A person must not in the regulated waters—

(a)possess a nearshore net or an offshore net in the regulated period; or

(b)use a nearshore net or an offshore net to take a fish for trade or commerce in the regulated period; or

(c)possess a fish taken in contravention of paragraph (b).

(2)For subsection (1), the regulated period is from 1 November to 31 January.

(3)In this section—

nearshore net means a set mesh net that may, under the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, be used in nearshore waters to take fish.

offshore net means a set mesh net that—

(a)may, under the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, be used in offshore waters to take fish; and

(b)has a monofilament of a diameter of more than 1.06mm.

s 62 amd 2019 SL No. 181 ss 8, 27 sch 1; 2020 SL No. 236 s 49

64Possessing or using set mesh nets to take fin fish other than regulated coral reef fin fish—Wellesley Islands Protected Wildlife Area

(1)This section applies in relation to the Wellesley Islands Protected Wildlife Area regulated waters.

(2)A person must not, other than under this section—

(a)possess a set mesh net for taking a fin fish, other than a regulated coral reef fin fish, for trade or commerce; or

(b)use a set mesh net to take a fin fish, other than a regulated coral reef fin fish, for trade or commerce; or

(c)possess a fish taken in contravention of paragraph (b).

(3)However, a person may possess or use a set mesh net to take a fin fish, other than a regulated coral reef fin fish, from the offshore waters in the Wellesley Islands Protected Wildlife Area if—

(a)the net is made from a continuous filament or strand of synthetic fibre that is joined, knitted or woven into meshes; and

(b)the net is no longer than 400m and has a mesh size of at least 162.5mm but no more than 245mm; and

(c)the line thickness of the net is no more than 1.04mm; and

(d)the net’s drop is no more than 50 meshes; and

(e)the water in which the net is being used is not shallower than the net’s drop; and

(f)the person is within 100m of the net while the person is using it; and

(g)the total length of all nets on the boat being used to take the fish is no more than 400m.

(4)Also, a person may possess or use a set mesh net to take a fin fish, other than a regulated coral reef fin fish, in nearshore waters within the regulated waters if—

(a)the net is no longer than 100m and has a mesh size of at least 162.5mm but no more than 245mm; and

(b)the net’s drop is no more than 33 meshes; and

(c)the total length of all nets on the boat being used to take the fish is no more than 600m.

s 64 amd 2024 SL No. 52 s 6

65Possessing or using particular nets for taking fish—particular regulated waters

(1)This section applies to the following regulated waters—

•Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast

•St Helens Beach–Cape Hillsborough–North of Mackay

•Trinity Bay–Cairns

•net free north area

•northern Gulf waters

•Pormpuraaw waters

•Topsy Creek

•Norman River

•western Gulf waters.

(2)A commercial fisher must not in the regulated waters—

(a)possess a relevant net for taking a fish for trade or commerce, unless the net is stowed and secured on a boat; or

(b)use a relevant net to take a fish for trade or commerce.

Notes—

1See also the Fisheries (General) Regulation 2019, section 52 in relation to the issue of general purpose permits for the regulated waters mentioned in this section.

2See section 55 under which the possession or use of nets is regulated in parts of the regulated waters.

(3)However, subsection (2) does not apply to a commercial fisher using a relevant net under an A1 licence.

(4)Also, subsection (2) does not apply to a commercial fisher using a relevant net in a relevant area if the net is being used—

(a)under an A2 licence; or

(b)under a N11 licence to take fish under the licence other than for sale under the licence; or

(c)in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence other than for sale under the licence.

(5)In this section—

relevant area means—

(a)the net free north area; or

(b)northern Gulf waters; or

(c)Pormpuraaw waters; or

(d)Topsy Creek; or

(e)Norman River; or

(f)western Gulf waters.

relevant net means a cast net, mesh net, seine net or set pocket net.

s 65 amd 2019 SL No. 181 s 27 sch 1; 2021 SL No. 29 s 11; 2023 SL No. 194 s 23; 2024 SL No. 52 s 7

ch 2 pt 10A hdg ins 2023 SL No. 194 s 24

65APossessing or using fishing lines to take barramundi—particular regulated waters

(1)This section applies to the following regulated waters—

(a)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast;

(b)St Helens Beach–Cape Hillsborough–North of Mackay;

(c)Trinity Bay–Cairns.

(2)A commercial fisher acting under a licence on which the fishery symbol ‘L2’ or ‘L3’ is written must not in the regulated waters—

(a)use a fishing line to take barramundi for trade or commerce; or

(b)possess a barramundi taken in contravention of paragraph (a).

s 65A ins 2023 SL No. 194 s 24

ch 2 pt 11 div 1 hdg amd 2024 SL No. 52 s 8

66Using particular nets

(1)A person must not—

(a)use a set mesh net in the Hervey Bay–Tin Can Bay (greater dugong protection area A); or

(b)use a net that is neither fixed nor hauled in offshore waters in the regulated waters.

(2)Despite subsection (1), a person may use a set mesh net or a net that is neither fixed nor hauled in offshore waters in the Hervey Bay–Tin Can Bay (greater dugong protection area A) if the net—

(a)is made of monofilament no more than 0.65mm in diameter; and

(b)has a drop of no more than 33 meshes; and

(c)is used by at least 2 persons, each of whom is on a boat floating on the water and within 100m of the net.

(3)This section is subject to—

(a)sections 67, 68 and 69; and

(b)for a person taking fish in the Hervey Bay–Tin Can Bay (greater dugong protection area A) under a licence for a commercial net fishery—the authorisations under, and conditions of, the licence stated in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4.

s 66 amd 2019 SL No. 181 s 27 sch 1; 2024 SL No. 52 s 9

67Using set mesh nets—Mary River–Burrum River (dugong protection area) waters

(1)A person must not use a set mesh net in the Mary River–Burrum River (dugong protection area) waters.

(2)In this section—

Mary River–Burrum River (dugong protection area) waters means the following waters in the Hervey Bay–Tin Can Bay (greater dugong protection area A)—

(a)waters within the following boundary—

•from latitude 25º10'24'' south where it intersects the mainland shore near Burrum River to latitude 25º10'24'' south, longitude 152º39'06'' east

•to latitude 25º13'24'' south, longitude 152º40'12'' east

•along latitude 25º13'24'' south to where it intersects the mainland shore

•along the mainland shore to latitude 25º10'24'' south;

(b)waterways joining the waters mentioned in paragraph (a), other than waters of the Burrum River upstream of longitude 152º35'50'' east;

(c)waters of the Mary River downstream of longitude 152º54'24'' east.

s 67 amd 2024 SL No. 52 s 9

68Using particular nets in regulated period—Hervey Bay (dugong protection area) waters

(1)A person must not use a set mesh net or a net that is neither fixed nor hauled in the Hervey Bay (dugong protection area) waters in the regulated period.

(2)For subsection (1), the regulated period is from 3p.m. to 5a.m. from 1 July to 31 October.

(3)In this section—

Hervey Bay (dugong protection area) waters means waters and adjoining waterways south of latitude 25º04'30'' south and west of longitude 152º40' east in the Hervey Bay–Tin Can Bay (greater dugong protection area A).

s 68 amd 2024 SL No. 52 s 9

69Using particular set mesh nets—Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters

(1)A person must not use a set mesh net in the Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters unless the net—

(a)is no longer than 50m; and

(b)has a drop of no more than 50 meshes.

(2)For a person taking fish in the Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters under a licence for a commercial net fishery, this section is subject to the authorisations under, and conditions of, the licence stated in the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4.

(3)In this section—

Hervey Bay–Great Sandy Strait waterways (dugong protection area) waters means tidal waters of a river or creek in the Hervey Bay–Tin Can Bay (greater dugong protection area A) between the north bank of Kauri Creek and latitude 25º01'01'' south where it intersects the mainland shore, other than—

(a)waters of the Burrum River downstream of 152º35'50'' east; and

(b)waters of the Mary River that are—

(i)downstream of longitude 152º54'24'' east; or

(ii)upstream of longitude 152º47'30'' east (the western tip of Brothers Islands).

s 69 amd 2019 SL No. 181 s 27 sch 1; 2024 SL No. 52 s 9

ch 2 pt 11 div 2 hdg amd 2024 SL No. 52 s 10

70Using particular nets

A person must not do any of the following in the Port Clinton (greater dugong protection area A)—

(a)use a mesh net with a mesh size of more than 45mm;

(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters;

(c)fix any part of a mesh net if part of the net is in offshore waters;

(d)use a set mesh net;

(e)use a mesh net that is neither fixed nor hauled.

s 70 sub 2023 SL No. 194 s 25; 2024 SL No. 52 s 11

ch 2 pt 11 div 3 hdg amd 2024 SL No. 52 s 12

71Possessing or using nets other than cast nets

A person must not possess or use a net, other than a cast net, in the Shoalwater Bay (dugong protection area A).

s 71 amd 2024 SL No. 52 s 13

ch 2 pt 11 div 4 hdg sub 2023 SL No. 194 s 26

amd 2024 SL No. 52 s 14

72Using particular nets

A person must not do any of the following in the Upstart Bay (greater dugong protection area A)—

(a)use a mesh net with a mesh size of more than 45mm;

(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters;

(c)fix any part of a mesh net if part of the net is in offshore waters;

(d)use a set mesh net;

(e)use a mesh net that is neither fixed nor hauled.

s 72 sub 2023 SL No. 194 s 26; 2024 SL No. 52 s 15

ch 2 pt 11 div 5 hdg amd 2024 SL No. 52 s 16

76Using particular nets

A person must not do any of the following in the Hinchinbrook Island (dugong protection area A)—

(a)use a mesh net with a mesh size of more than 45mm;

(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters;

(c)fix any part of a mesh net if part of the net is in offshore waters;

(d)use a set mesh net;

(e)use a mesh net that is neither fixed nor hauled.

s 76 sub 2023 SL No. 194 s 27; 2024 SL No. 52 s 17

77Regulated waters to which division applies

This division applies to the following regulated waters—

•Ince Bay (dugong protection area A)

•Stewart Peninsula–Newry Islands–Ball Bay (dugong protection area A)

•Cleveland Bay–Magnetic Island (dugong protection area A).

s 77 amd 2024 SL No. 52 s 18

78Using particular nets

A person must not do any of the following in the regulated waters—

(a)use a mesh net with a mesh size of more than 45mm;

(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters;

(c)fix any part of a mesh net if part of the net is in offshore waters;

(d)use a set mesh net;

(e)use a mesh net that is neither fixed nor hauled.

s 78 sub 2023 SL No. 194 s 28; 2024 SL No. 52 s 19

80Regulated waters to which division applies

This division applies to the following regulated waters—

•Port of Gladstone–Rodds Bay (dugong protection area B)

•Clairview Bluff–Carmilla Creek (dugong protection area B)

•Llewellyn Bay (dugong protection area B)

•Ball Bay–Sand Bay (dugong protection area B)

•Repulse Bay (dugong protection area B)

•Edgecumbe Bay–Bowen (dugong protection area B)

•Bowling Green Bay (dugong protection area B)

•Lucinda to Allingham–Halifax Bay (dugong protection area B).

s 80 amd 2024 SL No. 52 s 20

81Using particular nets

A person must not do any of the following in the regulated waters—

(a)use a mesh net with a mesh size of more than 45mm;

(b)fix more than 1 part of a mesh net if all of the net is in nearshore waters;

(c)fix any part of a mesh net if part of the net is in offshore waters;

(d)use a set mesh net;

(e)use a mesh net that is neither fixed nor hauled.

s 81 sub 2023 SL No. 194 s 29; 2024 SL No. 52 s 21

85Exception for using set mesh nets in rivers or creeks

Despite section 81, a person may use up to 3 set mesh nets in a river or creek in the regulated waters if—

(a)each net is no longer than 120m; and

(b)each net has a mesh size of at least 150mm but no more than 215mm; and

(c)each net has a drop of no more than 50 meshes; and

(d)the combined lengths of the nets is no more than 360m; and

(e)the nets are no more than 800m apart; and

(f)the distance between the first and last net is no more than 1n mile; and

(g)any person using the nets is—

(i)between the first and the last net; and

(ii)no more than 800m from any of the nets.

ch 2 pt 12 div 1 hdg prev ch 2 pt 12 div 1 hdg sub 2019 SL No. 181 s 15

om 2020 SL No. 236 s 177

pres ch 2 pt 12 div 1 hdg ins 2021 SL No. 135 s 4

86Possessing or using trawl nets in regulated periods generally

(1)A person must not possess or use a trawl net in the southern offshore trawl region A or the southern offshore trawl region B in the following regulated periods—

(a)from 8a.m on 20 September to 6p.m on 1 November;

(b)from 8a.m to 6p.m on a day other than a day or a part of a day in the period mentioned in paragraph (a).

(2)However, subsection (1) does not apply to—

(a)a person possessing or using an otter trawl net under a T5 licence; or

(b)a person possessing or using a trawl net in waters south of the eastern tip of Point Cartwright in the regulated period mentioned in subsection (1)(b).

s 86 prev s 86 sub 2019 SL No. 181 s 15

amd 2020 SL No. 196 s 3

om 2020 SL No. 236 s 177

pres s 86 ins 2021 SL No. 135 s 4

amd 2021 SL No. 162 s 4

sub 2022 SL No. 150 s 8

86AA Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)845,266 or more effort units for the southern offshore trawl region A and the southern offshore trawl region B are used in the period from 1 November to 24 October; and

(b)on or before 25 October, the chief executive publishes a notice on the department’s website that 845,266 or more effort units for the southern offshore trawl region A and the southern offshore trawl region B have been used in the period from 1 November to 24 October.

(2)A person must not possess or use a trawl net in the southern offshore trawl region A or the southern offshore trawl region B in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on 31 October.

s 86AA prev s 86AA ins 2020 SL No. 236 s 50

amd 2021 SL No. 29 s 12

om 2020 SL No. 236 s 177

pres s 86AA ins 2021 SL No. 162 s 5

ch 2 pt 12 div 1A hdg ins 2021 SL No. 135 s 4

86APossessing or using trawl nets in regulated period generally

(1)A person must not possess or use a trawl net in the southern inshore trawl region in a regulated period.

(2)However, subsection (1) does not apply to a person possessing or using an otter trawl net under a T6, T7 or T8 licence.

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

(a)from midday on 20 September to midday on 1 November;

(b)from midday on 23 December to midday on 3 January.

s 86A prev s 86A ins 2020 SL No. 196 s 4

om 2020 SL No. 236 s 177

pres s 86A ins 2021 SL No. 135 s 4

amd 2021 SL No. 162 s 6

86B Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)204,102 or more effort units for the southern inshore trawl region are used in the period from 1 November to 24 October; and

(b)on or before 25 October, the chief executive publishes a notice on the department’s website that 204,102 or more effort units for the southern inshore trawl region have been used in the period from 1 November to 24 October.

(2)A person must not possess or use a trawl net in the southern inshore trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on 31 October.

s 86B ins 2021 SL No. 162 s 7

amd 2022 SL No. 150 s 6

86BA Restrictions on using particular boats if threshold number of effort units used

(1)This section applies if—

(a)142,872 or more effort units for the southern inshore trawl region are used at any time in the period from 1 November to 29 September; and

(b)on or before 30 September, the chief executive publishes a notice (a threshold notice) on the department’s website stating that 142,872 or more effort units for the southern inshore trawl region have been used since 1 November.

(2)A person must not use, or allow another person to use, the primary boat identified in a T1 or T2 licence in the southern inshore trawl region in the regulated period.

(3)However, a person may use, or allow another person to use, the primary boat identified in a T1 or T2 licence in the southern inshore trawl region for no more than 24 days in each whole month in the regulated period.

(4)Also, subsections (2) and (3) do not apply to the use of the primary boat identified in a T1 or T2 licence if—

(a)the boat is also identified in a licence with a fishery symbol, other than a ‘T1’ or ‘T2’ fishery symbol, written on it; and

(b)the boat is being used in the southern inshore trawl region under the other fishery symbol.

(5)For subsections (2) and (3), the regulated period is the period—

(a)starting on the day after the day the threshold notice is published; and

(b)ending on 31 October.

(6)For subsection (3), the first whole month in the regulated period starts on the first day of the regulated period.

s 86BA ins 2022 SL No. 150 s 7

ch 2 pt 12 div 1B hdg ins 2021 SL No. 162 s 7

86C Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)179,357 or more effort units for the Moreton Bay trawl region are used in the period from 1 November to 24 October; and

(b)on or before 25 October, the chief executive publishes a notice on the department’s website that 179,357 or more effort units for the Moreton Bay trawl region have been used in the period from 1 November to 24 October.

(2)A person must not possess or use a trawl net in the Moreton Bay trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on 31 October.

s 86C ins 2021 SL No. 162 s 7

ch 2 pt 12 div 1C hdg ins 2021 SL No. 162 s 10

86D Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)318,584 or more effort units for the central trawl region are used in the period from 1 March to 21 February; and

(b)on or before 22 February, the chief executive publishes a notice on the department’s website that 318,584 or more effort units for the central trawl region have been used in the period from 1 March to 21 February.

(2)A person must not possess or use a trawl net in the central trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on the last day of February.

s 86D ins 2021 SL No. 162 s 10

amd 2022 SL No. 150 s 9

ch 2 pt 12 div 1D hdg ins 2021 SL No. 162 s 10

86E Possessing or using trawl nets if maximum number of effort units used

(1)This section applies if—

(a)250,178 or more effort units for the northern trawl region are used in the period from 1 March to 21 February; and

(b)on or before 22 February, the chief executive publishes a notice on the department’s website that 250,178 or more effort units for the northern trawl region have been used in the period from 1 March to 21 February.

(2)A person must not possess or use a trawl net in the northern trawl region in the regulated period.

(3)For subsection (2), the regulated period is the period—

(a)starting at midday on the day that is 5 days after the chief executive publishes the notice mentioned in subsection (1)(b); and

(b)ending on the last day of February.

s 86E ins 2021 SL No. 162 s 10

amd 2022 SL No. 150 s 10

ch 2 pt 12 div 2 hdg sub 2019 SL No. 181 s 15

87Possessing or using otter trawl nets in regulated period

(1)A person must not in the Swain Reefs and Hydrographers Passage regulated waters possess or use an otter trawl net in the regulated period.

(2)For subsection (1), the regulated period is from midday on 15 December to midday on 1 March.

s 87 sub 2019 SL No. 181 s 15

amd 2020 SL No. 236 s 51

88Exception for particular otter trawl nets in particular period

Despite section 87, a person may, in the regulated waters, possess or use an otter trawl net, under a T1 licence, in the period from midday on 3 January to midday on 1 March if the net—

(a)is no longer than 109m; and

(b)has a mesh size of at least 75mm.

s 88 sub 2019 SL No. 181 s 15

amd 2020 SL No. 236 s 52

90Possessing or using trawl nets or particular boats

(1)A person must not in the Hervey Bay (scallop ranching area)—

(a)possess or use a trawl net; or

(b)use the primary boat identified in a T1 or T2 licence.

(2)Section 98 does not apply in relation to possessing a trawl net under subsection (1)(a).

s 90 amd 2019 SL No. 181 s 27 sch 1; 2020 SL No. 236 s 124 sch 2

90AException for possessing trawl nets or using particular boats

(1)Despite section 90, a person may, in the Hervey Bay (scallop ranching area), use the primary boat identified in a T1 or T2 licence and possess a trawl net on the boat if—

(a)the person is using the boat to travel through the regulated waters; and

(b)the boat moves at a speed of at least 5 knots; and

(c)for a trawl net other than an otter trawl net—the trawl net is stowed and secured; and

(d)for an otter trawl net—the otter trawl net is stowed and secured on the boat.

(2)For subsection (1)(d), an otter trawl net is stowed and secured on the boat if—

(a)during the daytime—

(i)the net and any other fishing apparatus normally used with the net are drawn up to the boat and are visible from an aircraft or another boat; and

(ii)the net’s cod ends are open; and

(iii)the net’s lazy lines are on the blocks; and

(b)at night—the net and other fishing apparatus are inboard the boat and are stored or suspended from a mast or boom.

Examples of other fishing apparatus—

otter boards, ground chains or ropes for an otter trawl net

s 90A ins 2020 SL No. 236 s 53

91Possessing or using trawl nets or particular boats

(1)This section applies to the following regulated waters—

•Hervey Bay scallop replenishment area A

•Hervey Bay scallop replenishment area B

•Bustard Head scallop replenishment area A

•Bustard Head scallop replenishment area B

•Yeppoon scallop replenishment area B

•Yeppoon scallop replenishment area A.

(2)A person must not in the regulated waters—

(a)possess or use a trawl net; or

(b)use the primary boat identified in a T1 or T2 licence (a relevant boat).

(3)Section 98 does not apply in relation to possessing a trawl net under subsection (2)(a).

(4)Despite subsection (2)(b), a person may use a relevant boat in the regulated waters if the person ensures the conditions mentioned in the Fisheries (Commercial Fisheries) Regulation 2019, section 79(2) have been complied with.

s 91 amd 2019 SL No. 181 s 27 sch 1; 2020 SL No. 236 s 124 sch 2

92Possessing or using trawl nets under primary commercial fishing licences for east coast trawl fishery if total entitlements under all effort units used

(1)This section applies if, in the reef world heritage area, on a particular day (the base day) in a particular effort year (the base year), the following total entitlements under all effort units for all trawl regions are used—

(a)for the effort year starting at midday on 1 January 2021—2,060,586;

(b)for the effort year starting at midday on 1 January 2022—2,039,980;

(c)for the effort year starting at midday on 1 January 2023—2,019,580.

(2)A person must not in the reef world heritage area—

(a)possess or use a trawl net under a primary commercial fishing licence for the east coast trawl fishery in the regulated period; or

(b)possess a fish taken in a way that contravenes paragraph (a).

(3)For subsection (2), the regulated period starts on the day that is 5 days after the base day and ends at midday on 1 January in the year after the base year.

Example for subsection (3)—

If the total entitlement is used on a Monday, the regulated period starts on the next Saturday and ends at midday on 1 January in the next year.

Note—

See the Fisheries (Commercial Fisheries) Regulation 2019, section 72 for the requirement for the chief executive to give usage notices to holders of primary commercial fishing licences for the east coast trawl fishery about the usage of entitlements and section 73 for the holders’ obligations under usage notices.

s 92 amd 2019 SL No. 181 ss 16, 27 sch 1; 2020 SL No. 236 s 178

sub 2021 SL No. 162 s 8

93Using boats identified in T1 or T2 licences

(1)This section applies if, in the southern trawl fishery area waters, in the relevant period for an effort year, 309,014 or more effort units are used.

(2)A person must not in the southern trawl fishery area waters, after the relevant period for the effort year ends, use or allow another person to use the following for more than 24 days each month in May, June and July in the effort year—

(a)the primary boat identified in any T1 licence;

(b)the primary boat identified in any T2 licence.

(3)However, subsection (2) does not apply to the use of the primary boat identified in a T1 or T2 licence if—

(a)the boat is also identified in a licence with a fishery symbol, other than a ‘T1’ or ‘T2’ fishery symbol, written on it; and

(b)the boat is being used in the southern trawl fishery area waters under the other fishery symbol.

(4)In this section—

relevant period means the period from 1 November to 31 March.

s 93 amd 2019 SL No. 181 s 27 sch 1; 2020 SL No. 236 s 124 sch 2

94Regulated waters to which division applies and their regulated periods

In the table below—

(a)column 1 states the regulated waters to which this division applies; and

(b)column 2 states the regulated periods, if any, for the regulated waters.

Column 1	Column 2
Regulated waters	Regulated periods, if any
southern regional waters	from midday on 20 September to midday on 1 November
near the New South Wales border to Point Lookout on North Stradbroke Island	from midday on 20 September to midday on 1 March
Stradbroke Island (trawl nets)	from midday on 1 January to midday on 1 March
Amity Bight and the South Passage	from 6p.m. to 6a.m. from 1 October to 1 March
Southern Moreton Bay area	from midday on 1 July to midday on 30 September
Boggy Creek, Pinkenba	from midday on 1 November to midday on 30 April
Brisbane River mouth area	from midday on 1 July to midday on 30 September
Moreton Bay outside Moreton Bay trawl region
northern section of Moreton Bay	from midday on 1 July to midday on 30 September
Caloundra to Moreton Island (trawl nets)	from midday on 1 November to midday on 1 March
Caloundra Head	from 6p.m. to 6a.m. from 1 October to 31 December
Warana Beach at Kawana Waters
Laguna Bay area
Lakes Doonella and Weyba
Noosa River and Lakes Cooroibah and Cootharaba	from 7p.m. to 6a.m.
Fraser Island (trawl nets)	from midday on 1 November to midday on 1 March
Mary River
Fraser Island (Indian Head–Waddy Point)	from 1 August to 29 September
Hook Point to Taleerba Creek, Fraser Island
Fraser Island (Hook Point to northern tip)	from midday on 1 September to midday on 1 April
Taleerba Creek to Indian Head, Fraser Island	from midday on 1 August to midday on 1 April
Hervey Bay—other closures	(a)  from midday on 2 May to midday on the last day of February; and (b)  from 6a.m. to 6p.m. from 1 March to 1 May
Southern Hervey Bay	from midday on 1 July to midday on 31 October
Hervey Bay seasonal night-time closure	from 6p.m. to 6a.m. from 1 March to 1 May
Northern Fraser Island and north of Fraser Island	from 8a.m. to 6p.m.
Burnett River (netting)
Burnett River (trawl nets)	from midday on 1 August to midday on 30 November
Sandy Cape	from midday on 20 September to midday on 1 February
Skyringville Creek (upstream)	from midday on 1 August to midday on 30 November
Skyringville Creek (downstream)
Gladstone offshore area
Baffle Creek
Yeppoon offshore area
Keppel Bay near Middle Island Observatory
Swain Reefs
North Reef (trawl nets)	from midday on 1 November to midday on 1 March
Shoalwater Bay
Broadsound to Dunk Island	from 8a.m. to 6p.m.
Grasstree Island area
Pioneer River mouth
Egremont Pass Closure
Refuge Bay on Scawfell Island
Pioneer Bay
Hayman Island to Cape Abbot	from 8a.m. to 6p.m. from 1 April to 31 October
Bowen to Cairns offshore area
Townsville to Cape York Peninsula offshore area
Mission Beach night-time closure	from 8p.m. to 6a.m.
Mission Beach
Etty Bay area
Trinity Bay
Yorkeys Knob to Simpson Point
Cook Bay	from 6a.m. to 6p.m.
Island Point to the Daintree River
north of latitude 15°30.00' south	from 8a.m. to 6p.m.
Grave Point to Indian Head
Cape Bedford to Murray Reefs
Cape Flattery to Lookout Point
Lookout Point to Baron Reef
Barrow Point to Bizant River
Marrett River to Rocky River
Rocky River to latitude 13°08.91' south
Round Point to Fly Point near Cape York Peninsula
tip of Cape York Peninsula
latitude 13°08.91' south to Thorpe Point

s 94 amd 2019 SL No. 181 ss 8, 17, 27 sch 1; 2020 SL No. 236 ss 54, 179; 2022 SL No. 150 s 4

95Possessing or using trawl nets—particular regulated waters

A person must not in the regulated waters possess or use a trawl net—

(a)if column 2 of the table in section 94 states a regulated period for the waters—in the stated regulated period; or

(b)otherwise—at any time.

96Exception for Laguna Bay area regulated waters

Despite section 95, a person may possess or use an otter trawl net in the Laguna Bay area regulated waters under a T5 licence.

s 96 amd 2019 SL No. 181 s 18

97Person may carry out regulated activity under permit

A person may carry out an activity in regulated waters that is otherwise prohibited under a provision of parts 3 to 12 if the person carries out the activity under a permit.

98Possessing stowed and secured fishing apparatus

(1)This section applies if possessing fishing apparatus is regulated in regulated waters under a provision of this chapter, unless the provision provides otherwise.

(2)A person may possess fishing apparatus, other than an otter trawl net, in the waters if the apparatus is stowed and secured.

(3)A person may possess an otter trawl net in the waters if the net is stowed and secured on a boat.

(4)For subsection (3), an otter trawl net is stowed and secured on a boat if—

(a)during the daytime—

(i)the net and any other fishing apparatus normally used with it are drawn up to the boat and are visible from an aircraft or another boat; and

(ii)the net’s cod ends are open; and

(iii)the net’s lazy lines are on the blocks; and

(b)at night—

(i)the boat is at anchor in an area marked as an anchorage or boat harbour on a navigational chart; or

(ii)the net and other fishing apparatus are inboard the boat and are stored or suspended from a mast or boom.

Examples of other fishing apparatus—

otter boards, ground chains or ropes for an otter trawl net

99Fishing apparatus testing

(1)Subsection (2) applies if, under a provision of this chapter, possessing or using a trawl net is regulated in regulated waters.

(2)A person may possess or use a trawl net on a boat in the waters if—

(a)the possession or use is only for testing the net or other fishing apparatus normally used with the net; and

(b)the person in control of the boat has given the nearest Queensland Boating and Fisheries Patrol oral or written notice of the testing; and

(c)the net’s cod ends are open; and

(d)no fish are taken during the test.

(3)The notice must—

(a)be given at least 24 hours before the testing starts; and

(b)state—

(i)a square area, with boundaries no longer than 1n mile each side, where the testing is to happen; and

(ii)when the testing is to start and end.

100Operation of chapter

(1)This chapter provides for regulated fish declarations under sections 33 and 34 of the Act.

(2)Parts 2 to 4—

(a)declare particular fish to be regulated fish; and

(b)regulate the carrying out of particular activities in relation to the fish.

(3)Part 5 provides for ways of measuring the size, volume, weight or quantity of particular fish to decide if the fish are regulated fish.

101Fillets of regulated coral reef fin fish counted as whole fish

For this chapter, a person possessing 2 whole or partial fillets of a species of regulated coral reef fin fish is taken to possess 1 whole regulated coral reef fin fish of the species.

Note—

See also section 184(7) of the Act which provides that if it is relevant to establish a person took fish, evidence that the person possessed the fish at any time is evidence that the person took the fish.

102Declaration of particular fish as regulated fish

(1)Fish stated in column 1 of the table in schedule 2, part 2 are declared to be regulated fish.

(2)However, the fish are regulated fish only to the extent stated in this part.

(3)Also, the fish are not regulated fish if they are taken or possessed in a way permitted under part 4.

(4)Fish may be regulated fish—

(a)without any further limitation; or

(b)only in relation to—

(i)particular factors, particular persons or particular activities; or

(ii)a combination of particular factors, particular persons or particular activities.

Examples—

1Billfish are regulated fish only in relation to taking or possession for trade or commerce.

2Redclaw in quantities over 40 are regulated fish only in relation to taking or possession in particular waters.

(5)Fish may be regulated fish in more than 1 way under this part, including, for example, in relation to more than 1 factor.

Example—

Australian bass are regulated fish in relation to number and size.

103Fish regulated in relation to particular factors

(1)Fish stated in column 1 of the table in schedule 2, part 2 are regulated—

(a)by the factor stated opposite the fish in columns 2 and 3 of the table; or

(b)if no factor is stated opposite the fish in column 2 or 3 of the table—without limitation to particular factors.

(2)If a species of fish is regulated by form (the regulated form), only fish of the species in the regulated form are regulated fish.

(3)If a species of fish is regulated by gender (the regulated gender) or reproductive capacity (the regulated reproductive capacity), only fish of the species of the regulated gender or regulated reproductive capacity are regulated fish.

(4)If a species of fish is regulated by number (the regulated maximum number), only fish of the species over the regulated maximum number are regulated fish.

(5)If a species of fish is regulated by maximum size (the regulated maximum size), only fish of the species over the regulated maximum size are regulated fish.

(6)If a species of fish is regulated by minimum size (the regulated minimum size), only fish of the species under the regulated minimum size are regulated fish.

(7)If a species of fish is regulated by volume (the regulated maximum volume), only fish of the species over the regulated maximum volume are regulated fish.

(8)If a species of fish is regulated by maximum weight (the regulated maximum weight), only fish of the species over the regulated maximum weight are regulated fish.

(9)If a species of fish is regulated by minimum weight (the regulated minimum weight), each fish of the species under the regulated minimum weight is a regulated fish.

(10)If the factor stated in columns 2 and 3 of the table in schedule 2, part 2 includes a condition (however expressed), fish of the species are regulated fish only if the condition is satisfied.

Example—

A grey reef shark is a regulated fish for a person possessing the fish, or the tail or fins of the fish, on a boat on the condition that the tail or any of the fins are removed from the body of the fish.

s 103 amd 2020 SL No. 236 s 55

104Fish regulated in relation to particular persons

(1)This section applies if column 4 of the table in schedule 2, part 2 states a particular class of persons for the taking or possession of a species of fish stated in column 1 of the table.

(2)A fish of the species is a regulated fish only if it is taken or possessed by a person of the stated class.

Example—

Garfish in quantities over 50 are regulated fish only in relation to taking or possession by a recreational fisher.

105Fish regulated in relation to particular activities

(1)This section applies if column 4 of the table in schedule 2, part 2 states a particular activity for the taking or possession of a species of fish stated in column 1 of the table, including, for example, the taking or possession of the species of fish in a particular way, from particular waters, in a particular period or for a particular purpose.

(2)Fish of the species are regulated fish only if they are taken or possessed as stated in column 4 of the table.

106Declaration of particular fish as regulated fish

(1)Fish stated in column 1 of the table in schedule 2, part 3 are declared to be regulated fish.

(2)However, the fish are regulated fish only to the extent stated in this part.

(3)Also, the fish are not regulated fish if they are taken or possessed in a way permitted under part 4.

(4)Fish may be regulated fish—

(a)only in relation to a particular number; or

(b)only in relation to—

(i)a particular number and particular persons or particular activities; or

(ii)a particular number and a combination of particular persons and particular activities.

(5)Fish may be regulated fish under this part as well as part 2.

107Fish regulated by number

(1)Fish or a combination of fish stated in column 1 of the table in schedule 2, part 3 are regulated by the number (the regulated maximum number) stated in column 3 for the fish or combination.

(2)Fish or a combination of fish over the regulated maximum number are regulated fish.

108Fish regulated in relation to particular persons

(1)This section applies if column 4 of the table in schedule 2, part 3 states a particular class of persons for the taking or possession of a species of fish, or a combination of species of fish, stated in column 1 of the table.

(2)A fish of the species, or a combination of fish of the species, are regulated fish only if they are taken or possessed by a person of the stated class.

Example—

Amberjack or samsonfish or a combination of these fish in quantities over 2 are regulated fish only in relation to taking or possession by a recreational fisher.

109Fish regulated in relation to trade or commerce

(1)This section applies if column 4 of the table in schedule 2, part 3 refers to the taking or possession of a species of fish or a combination of species of fish stated in column 1 of the table for trade or commerce.

(2)A fish of the species, or a combination of fish of the species, are regulated fish only if they are taken or possessed for trade or commerce.

ch 3 pt 3 div 2 hdg sub 2019 SL No. 181 s 19

109A Fish regulated by number or volume

(1)This section applies if—

(a)there is more than 1 recreational fisher on a boat; and

(b)the boat is not taking part in a licensed charter fishing trip.

(2)The person in control of the boat must ensure no more than twice the recreational limit for the following fish is on the boat—

(a)barramundi;

(b)black jewfish;

(c)mud crab;

(d)prawn;

(e)sea cucumber, other than black teatfish or white teatfish;

(f)shark or ray (other than hammerhead shark, manta ray, sandtiger shark, speartooth shark or white shark);

(g)snapper;

(h)spanish mackerel;

(i)tropical rocklobster.

(3)In this section—

recreational limit, for fish, means the number or volume of the fish that a recreational fisher may take or possess under this declaration.

s 109A ins 2019 SL No. 181 s 19

amd 2020 SL No. 236 s 56; 2023 SL No. 194 s 30

ch 3 pt 3 div 3 hdg ins 2019 SL No. 181 s 19

amd 2020 SL No. 236 s 180

110Fish regulated outside of regulated waters

(1)Fish taken or possessed in regulated waters in contravention of a regulated waters declaration are regulated fish outside of the regulated waters.

(2)A person must not possess the fish.

110ASaucer scallops in particular waters in particular period

Saucer scallops are regulated fish in the southern offshore trawl region A and the southern offshore trawl region B from midday on 1 May to midday on 20 January.

s 110A ins 2020 SL No. 236 s 181

amd 2021 SL No. 135 s 5

111Person may carry out regulated activity under permit

A person may carry out an activity that is otherwise prohibited in relation to fish under a provision of part 2 or 3 if the person carries out the activity under a permit.

112Taking regulated fish under contract for shark control program

A person may—

(a)take a regulated fish if the person takes the fish in carrying out a contract entered into by the chief executive for the establishment or management of the shark control program; or

(b)possess a fish taken under paragraph (a).

113Possessing fish regulated by form for consumption on boat

A person may possess a fish that is regulated by form if—

(a)the person takes and possesses the fish on a boat for consumption on the boat; and

(b)the fish remains on the boat at all times until it is consumed; and

(c)the fish is consumed immediately after it is modified to the form by which it is regulated.

114Possessing fish regulated by form on transport boat

A person may possess a fish that is regulated by form on a boat if—

(a)the boat is being used only for transporting people or vehicles; and

(b)the person is a paying passenger on the boat.

115Possessing regulated fish obtained from particular persons

A person may possess a regulated fish if—

(a)the fish has been cultivated in a way that was authorised under the Planning Act; or

(b)the fish has been sold to the person by another person who was authorised to sell the fish.

116Possessing regulated fish for display in aquarium

A person may possess a regulated fish if the fish has been bred for display in an aquarium.

117Recreational fisher taking regulated coral reef fin fish

(1)This section applies to a recreational fisher who is, or has been, on a boat and taking part in a licensed charter fishing trip that is conducted for a continuous period of at least 72 hours.

(2)The recreational fisher may—

(a)during the licensed charter fishing trip, take—

(i)if the trip is conducted for a continuous period of at least 72 hours but less than 168 hours—twice the regulated maximum number of a particular species or a group of species of regulated coral reef fin fish, but no more than a total of 40 regulated coral reef fin fish of all species or groups of species; or

(ii)if the trip is conducted for a continuous period of at least 168 hours—twice the regulated maximum number of a particular species or a group of species of regulated coral reef fin fish, but no more than a total of 60 regulated coral reef fin fish of all species or groups of species; and

(b)possess the fish taken under paragraph (a).

(3)However, the recreational fisher may possess a regulated coral reef fin fish taken under subsection (2)(a) in filleted form only if—

(a)all the skin on the fillet remains attached to the fillet; and

(b)the fillets of each species of fish taken are packaged separately; and

(c)each package is labelled with the common name of the species of fish in the package.

118Recreational fisher taking spanish mackerel in Gulf of Carpentaria waters

(1)This section applies to a recreational fisher who is, or has been, on a boat and taking part in a licensed charter fishing trip that is conducted—

(a)for a continuous period of at least 48 hours; and

(b)entirely in the Gulf of Carpentaria waters.

(2)The recreational fisher may—

(a)during the licensed charter fishing trip, take twice the regulated maximum number of spanish mackerel; and

(b)possess the fish taken under paragraph (a).

s 118 prev s 118 amd 2019 SL No. 181 s 20

om 2023 SL No. 80 s 6

ins pres s 118 2024 SL No. 189 s 5

119Form of fin fish other than regulated coral reef fin fish

(1)This section applies if a recreational fisher takes a fin fish, other than a regulated coral reef fin fish, on a boat during a licensed charter fishing trip that is conducted for a continuous period of at least 48 hours.

(2)The recreational fisher may possess the fish on the boat in a form with skin removed if a square area of skin with sides of at least 3cm each is left on the fish.

120Recreational fisher possessing fin fish for bait

(1)A recreational fisher may possess 1 fin fish regulated by form if the fisher has processed or is processing the fish to use as bait for recreational fishing.

(2)Subsection (3) applies if—

(a) a fin fish is regulated by number; and

(b)a recreational fisher has taken the regulated maximum number of the fish; and

(c)the fisher has processed 1 of the fish to use as bait for recreational fishing.

(3)The recreational fisher may take 1 more of the fin fish.

121Taking or possessing particular empty mollusc shells

A person may—

(a)take an empty mollusc shell, other than an empty helmet shell or trumpet shell, if the person does not take the shell for trade or commerce; or

(b)possess a shell taken under paragraph (a).

s 121 amd 2021 SL No. 29 s 13

122References to measurements of size of fish

Unless otherwise provided, a reference to a measurement of size of a fish is a reference to the length of the fish.

Example—

A reference to a fish regulated by size as ‘minimum—38cm’ is a reference to a fish of the relevant species that is a minimum of 38cm long.

123Balmain bugs, Moreton Bay bugs, mud crabs and three-spotted crabs

The size of each of the following fish must be decided by measuring the widest part of its carapace—

(a)Balmain bug;

(b)Moreton Bay bug;

(c)mud crab;

(d)three-spotted crab.

124Blue swimmer crabs

(1)The size of a blue swimmer crab must be decided by measuring the distance between—

(a)the notch at the base of the large lateral spine of the crab on one side of the crab; and

(b)the notch at the base of the large lateral spine of the crab on the other side of the crab.

(2)The following figure is an example of the operation of subsection (1) in diagrammatic form—

The distance between the 2 vertical dotted lines is the distance to be measured to decide the size of a blue swimmer crab.

125Fin fish—general provisions

(1)The size of a fin fish is decided by measuring, with the fish in the required position—

(a)for a flathead, shark or ray—the distance along a straight horizontal line along the centre of the fish’s underside from the foremost point of the fish to the end of its tail; or

(b)for a fin fish, other than a fish mentioned in paragraph (a)—the distance along a straight horizontal line (the measurement line) along the fish’s side from its mouth to—

(i)the point on the measurement line where the fish’s tail ends; or

(ii)if part of the tail extends further than the point on the measurement line where the fish’s tail ends—the point on the measurement line corresponding in length with the end of the longest part of the fish’s tail.

(2)For subsection (1), the size of the fin fish must be measured without manipulating the fish, other than to the extent reasonably necessary to allow the fish to be measured as required under the subsection.

(3)In this section—

required position means—

(a)for a fish mentioned in subsection (1)(a)—lying on its underside; or

(b)for a fish mentioned in subsection (1)(b)—lying on its side with the dorsal fin facing outward and its mouth closed.

(4)The following figure is an example of the operation of subsections (1)(b) and (3), definition required position, in diagrammatic form—

126Fin fish—interdorsal length for guitarfish, shark or shovelnose ray

(1)The interdorsal length for a guitarfish, shark or shovelnose ray must be decided by measuring the distance along a straight line between—

(a)the point where the posterior edge of the first dorsal fin is, or was, attached to the body; and

(b)the point where the posterior edge of the second dorsal fin is, or was, attached to the body.

(2)The following figure is an example of the operation of subsection (1) in diagrammatic form—

The distance between the 2 vertical lines is the distance to be measured to decide the interdorsal length for a guitarfish, shark or shovelnose ray.

s 126 amd 2020 SL No. 236 s 57

127Ornate crayfish

The size of an ornate crayfish must be decided by measuring, in a straight line—

(a)if its carapace is not damaged or separated from its body—from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the cephalothorax; or

(b)if its carapace is damaged or separated from its body—along the dorsal surface from the anterior margin of the first abdominal somite to the posterior margin of the sixth abdominal somite, when the tail is laid flat on a horizontal surface.

s 127 amd 2021 SL No. 29 s 14

128Pearl oysters

The size of a pearl oyster must be decided by measuring from the edge of its butt or hinge to the opposite edge of its shell, whether or not the shell is broken or chipped.

129Red champagne lobsters

The size of a red champagne lobster must be decided by measuring, in a straight line, from the anterior mid-dorsal margin to the posterior mid-dorsal margin of the cephalothorax.

130Saucer scallops

The size of a saucer scallop must be decided by measuring the widest part of its shell, whether or not the shell is broken or chipped.

131Spanner crabs

(1)The size of a spanner crab must be decided by measuring the shortest distance between—

(a)the tip of the spike at the middle of the front edge of its carapace; and

(b)the midpoint of the rear edge of its carapace.

(2)If the carapace is damaged or separated from the spanner crab’s body, the size of the crab must be decided by measuring its sternite at the widest part of the front of its breastplate, located directly in front of the bases of the main claws.

132Trochus

The size of a trochus must be decided by measuring the widest part of the base of its shell.

133How total volume must be measured

(1)This section provides for how a total volume of fish must be measured.

(2)The volume of fish that are in a container (contained fish) must be measured by reference to the volume of the container when it is empty.

Examples—

1An empty container with internal dimensions of 571mm x 381mm x 305mm, commonly called a ‘lug basket’, has a volume of approximately 66L.

2An empty container with internal dimensions of 605mm x 280mm x 90mm, commonly called a ‘prawn carton’, has a volume of approximately 15L.

(3)For subsection (2), a fish is not a contained fish if any part of it protrudes above the top of the container.

(4)The volume of any of the fish that are not contained fish (uncontained fish) must be measured by—

(a)placing them in a container or containers so that no part of any of the fish protrudes above the top of the container or containers; and

(b)measuring the volume of each container when it is empty; and

(c)referring to the volume of the container or containers.

(5)The total volume of fish is worked out by adding together the volume of all of the contained and uncontained fish.

134Green snails

(1)This section provides for how the weight of a green snail must be decided.

(2)The weight of a green snail is its empty shell weight.

135Threshold percentage of saucer scallops

(1)This section provides for working out the threshold percentage of undersized scallops that are included in a quantity of saucer scallops that have been taken or possessed by a person.

(2)The threshold percentage must be worked out by—

(a)counting all of the undersized scallops and expressing the number of undersized scallops as a percentage of the total number of saucer scallops taken or possessed; or

(b)statistical sampling and testing as follows—

(i)collecting information (the sample data) about the total number of saucer scallops taken or possessed by taking a random sample of the scallops and counting the number of undersized scallops;

(ii)using the sample data and a statistical method to estimate, based on a probability of 95%, the percentage of the total number of undersized scallops taken or possessed.

(3)For subsection (2)(b), a saucer scallop that is not whole, including, for example, a saucer scallop that is cut, dismembered, shelled or shucked, must not be counted or included in a sample.

(4)In this section—

undersized scallops means saucer scallops that are less than the regulated minimum size provided for saucer scallops under a regulated fish declaration.

136Operation of chapter

(1)This chapter provides for regulated fishing apparatus declarations under sections 33 and 36(1) of the Act.

(2)Parts 2 to 5 regulate the carrying out of particular activities in relation to particular fishing apparatus.

137Regulation of commercial fishing apparatus

(1)A person must not buy, sell, possess or use commercial fishing apparatus unless—

(a)the person holds, or is acting under, an authority that authorises the purchase, sale, possession or use of the apparatus; or

(b)the person is authorised to buy, sell, possess or use the apparatus under a provision of the Fisheries (General) Regulation 2019 or the Fisheries (Commercial Fisheries) Regulation 2019.

(2)Despite subsection (1), an Aboriginal or Torres Strait Islander person may possess, but not use, a commercial fishing net without an authority if the net—

(a)has a mesh size of at least 50mm but no more than 215mm; and

(b)is no longer than 80m.

(3)A person must not sell commercial fishing apparatus to a person who is not authorised to buy the apparatus under an authority or a provision of the Fisheries (General) Regulation 2019 or the Fisheries (Commercial Fisheries) Regulation 2019.

s 137 amd 2019 SL No. 181 s 27 sch 1; 2024 SL No. 196 s 63 sch 1

138General restrictions on using nets

A person must not do any of the following things—

(a)join 2 or more nets;

(b)allow nets to overlap;

(c)set nets less than 1m apart;

(d)place a thing or do something else between 2 nets to stop fish escaping.

139Possessing or using purse seine nets

A person must not do the following in Queensland waters—

(a)possess a purse seine net;

(b)use a purse seine net to take fish.

140Using nets in commercial fisheries

(1)A person using a net in a fishery area of a commercial fishery must not, without a reasonable excuse, do anything that effectively reduces the mesh size of the net below the minimum size stated for the net in an authority or a fishery provision about the fishery.

Examples of doing something that effectively reduces a net’s mesh size—

covering a net or overlapping nets

(2)However, subsection (1) does not apply to doing something that effectively reduces a net’s mesh size if doing the thing is authorised under an authority or a fishery provision about the commercial fishery.

s 140 amd 2019 SL No. 181 s 27 sch 1

140AA Possessing or using trawl nets in particular waters in particular period

(1)A person must not possess or use a trawl net in the central trawl region or northern trawl region in the period from midday on 15 December to midday on 1 March.

(2)Subsection (1) does not apply to a person who possesses or uses a trawl net on a boat if—

(a)the possession or use is only for testing the net or other fishing apparatus normally used with the net; and

(b)the person in control of the boat has given the nearest Queensland Boating and Fisheries Patrol oral or written notice of the testing; and

(c)the net’s cod ends are open; and

(d)no fish are taken during the test.

(3)A notice under subsection (2)(b) must—

(a)be given at least 24 hours before the testing starts; and

(b)state—

(i)a square area, with boundaries no longer than 1n mile each side, where the testing is to happen; and

(ii)when the testing is to start and end.

(4)Also, a person may possess a trawl net in the waters in the period mentioned in subsection (1) if the net is stowed and secured on a boat.

(5)For subsection (4), an otter trawl net is stowed and secured on a boat only if—

(a)during the daytime—

(i)the net and any other fishing apparatus normally used with the net are drawn up to the boat and are visible from an aircraft or another boat; and

(ii)the net’s cod ends are open; and

(iii)the net’s lazy lines are on the blocks; and

(b)at night—

(i)the boat is at anchor in an area marked as an anchorage or boat harbour on a navigational chart; or

(ii)the net and other fishing apparatus are inboard the boat and are stored or suspended from a mast or boom.

Examples of other fishing apparatus—

otter boards, ground chains or ropes for an otter trawl net

s 140AA ins 2020 SL No. 236 s 58

ch 4 pt 3A hdg ins 2019 SL No. 181 s 21

140A Possessing or using crab apparatus

(1)This section applies if—

(a)there is more than 1 person on a boat; and

(b)the boat is taking part in a licensed charter fishing trip; and

(c)the persons on the boat are possessing or using crab apparatus to take spanner crabs.

(2)The person conducting the licensed charter fishing trip must ensure—

(a)the persons on the boat do not—

(i)possess or use more than a total of 20 items of crab apparatus; or

(ii)fix more than a total of 10 items of crab apparatus to a line; and

(b)for an item of crab apparatus that is a dilly—the crab apparatus is marked in a way that complies with the Fisheries (Commercial Fisheries) Regulation 2019, schedule 7, section 25.

s 140A ins 2019 SL No. 181 s 21

141Application of division

This division applies to a recreational fisher for taking fish in non-tidal waters.

142Particular fishing apparatus

A recreational fisher must not use any of the following fishing apparatus—

(a)a cast net;

(b)a crab pot;

(c)a fork;

(d)a hand pump;

(e)a seine net;

(f)a spear;

(g)a spear gun.

143Scoop nets

A recreational fisher may use a scoop net only if the net—

(a)is no more than 1m in any dimension; and

(b)has a mesh size of no more than 25mm and a handle or shaft no longer than 2.5m.

144Canister traps

A recreational fisher may use a canister trap only if—

(a)the trap—

(i)is open at 1 end; and

(ii)has a diameter at its open end of no more than 50cm; and

(iii)is no longer than 60cm; and

(b)the trap’s diameter, width or height, measured anywhere along its length, is no more than the diameter, width or height of its open end; and

(c)for a canister trap that does not have a mesh made of rigid material—the size of its mesh is no more than 25mm; and

(d)the trap is used in compliance with section 150.

145Collapsible traps

A recreational fisher may use a collapsible trap only if it is used in compliance with section 150.

146Dillies

A recreational fisher may use a dilly only if—

(a)the dilly has—

(i)a diameter of no more than 125cm; and

(ii)a mesh size of no more than 25mm; and

(b)the dilly is used in compliance with section 150.

147Funnel traps

A recreational fisher may use a funnel trap only if—

(a)the trap—

(i)has no more than 4 entrances; and

(ii)is no longer than 70cm, no wider than 50cm and no higher than 50cm; and

(b)for a funnel trap that does not have a mesh made of rigid material—the size of the mesh is no more than 25mm; and

(c)the trap has an entrance made of rigid material; and

(d)for a funnel trap used in eastern non-tidal waters—the trap’s entrance is no more than 5cm in any dimension; and

(e)for a funnel trap used in non-tidal waters other than eastern non-tidal waters—the trap’s entrance is no more than 10cm in any dimension; and

(f)the trap is used in compliance with section 150.

148Pyramid traps

A recreational fisher may use a pyramid trap only if—

(a)the trap—

(i)is a pyramid shape; and

(ii)has no more than 1 entrance; and

(iii)has a base of no more than 60cm in length and width; and

(iv)is no less than 15cm in height; and

(v)has a mesh size of no more than 25mm; and

(b)the trap’s entrance—

(i)is no less than 15cm in any dimension; and

(ii)is made of rigid material; and

(iii)is at the narrow end of the trap; and

(iv)is parallel to the base of the trap; and

(c)the trap is used in compliance with section 150.

149Round traps

A recreational fisher may use a round trap only if—

(a)the trap—

(i)has no more than 4 entrances; and

(ii)has a diameter of no more than 70cm; and

(iii)is no higher than 50cm; and

(b)for a round trap that does not have a mesh made of rigid material—the size of the mesh is no more than 25mm; and

(c)the trap has an entrance made of rigid material; and

(d)for a round trap used in eastern non-tidal waters—the trap’s entrance is no more than 5cm in any dimension; and

(e)for a round trap used in non-tidal waters other than eastern non-tidal waters—the trap’s entrance is no more than 10cm in any dimension; and

(f)the trap is used in compliance with section 150.

150Way freshwater traps may be used to take fish

(1)This section states the way a recreational fisher may use a canister trap, collapsible trap, dilly, funnel trap, pyramid trap or round trap (each of which is a freshwater trap) to take fish.

(2)The recreational fisher must not use more than a total of 4 freshwater traps, including a combination of freshwater traps.

(3)Also, the recreational fisher must ensure—

(a)a tag, on which is written, legibly, visibly and in English, the recreational fisher’s surname and address, is attached to the freshwater trap; and

(b)while the freshwater trap is being used, it is attached to—

(i)something that is stationary above the surface of the water; or

(ii)a float that complies with subsection (4).

(4)The float must—

(a)be solid, light-coloured and clearly visible on the surface of the water; and

(b)be no less than 15cm in any dimension; and

(c)have written on it, legibly, visibly and in English, the recreational fisher’s surname.

s 150 amd 2019 SL No. 181 s 22; 2020 SL No. 236 s 82 sch 1

151Fishing lines and hooks

(1)This section does not apply to the use of a fishing line or set line in waters on privately owned land that are not waters of a waterway.

Example of waters to which the section does not apply—

a pond or dam on private land that is not part of a waterway

(2)A recreational fisher must not—

(a)at any one time, use more than 6 fishing lines; or

(b)use a set line; or

(c)set a fishing line as a cross-line; or

(d)attach more than 1 hook or lure to a fishing line the fisher is using; or

(e)be more than 50 metres from any fishing line the fisher is using.

152Application of division

This division applies to a recreational fisher for taking fish in tidal waters or on tidal land.

153Canister, funnel, pyramid or round traps

A recreational fisher must not use a canister trap, funnel trap, pyramid trap or round trap.

154Cast nets

A recreational fisher may possess or use a cast net only if the net—

(a)is no longer than 3.7m; and

(b)has a mesh size of no more than 28mm.

155Scoop nets

A recreational fisher may use a scoop net only if the net—

(a)is no more than 2m in any dimension; and

(b)has a mesh size of at least 25mm and a handle or shaft no longer than 2.5m.

156Seine nets

A recreational fisher may possess or use a seine net only if—

(a)the net—

(i)is no longer than 16m; and

(ii)has a mesh size of no more than 28mm; and

(iii)does not contain a pocket; and

(iv)is not fixed; and

(b)the net’s drop is no more than 3m.

157Crab apparatus

(1)A recreational fisher—

(a)must not possess or use more than a total of 4 items of crab apparatus in any waters; and

(b)may use crab apparatus only in compliance with subsections (2) and (3).

(2)The recreational fisher must ensure that—

(a)a tag, on which is written, legibly, visibly and in English, the recreational fisher’s surname and address, is attached to the crab apparatus; and

(b)the crab apparatus is attached by a rope to either—

(i)a float complying with subsection (3); or

(ii)a fixed object above the high water mark, including, for example, a jetty or tree; and

(c)if the crab apparatus is attached to a fixed object under paragraph (b)(ii)—a tag, on which is written, legibly, visibly and in English, the recreational fisher’s surname, is attached to the part of the rope above the high water mark.

(3)For subsection (2)(b)(i), the float must—

(a)be solid, light-coloured and clearly visible on the surface of the water; and

(b)be no less than 15cm in any dimension; and

(c)have written on it, legibly, visibly and in English, the recreational fisher’s surname.

s 157 amd 2019 SL No. 181 s 23; 2020 SL No. 236 s 59

158Fishing lines and hooks

(1)A recreational fisher must not use more than 3 fishing lines at a time.

(2)Also, the recreational fisher must not attach more than a total of 6 hooks or lures to the fishing lines the fisher is using.

Example—

A recreational fisher might use—

(a)1 fishing line with 6 hooks attached; or

(b)2 fishing lines each with 1 lure attached and another fishing line with 4 hooks attached.

(3)A recreational fisher must not use a set line.

159Handheld forks

A recreational fisher may use a handheld fork only to take worms.

160Hand pumps

A recreational fisher may use a hand pump only to take yabbies.

161Person may carry out activity under permit

A person may carry out an activity in relation to fishing apparatus that is otherwise prohibited under a provision of part 2, 3 or 4 if the person carries out the activity under a permit.

162Operation of chapter

(1)This chapter provides for regulated fishing method declarations under sections 33 and 36(2) of the Act.

(2)Parts 2 to 4 regulate how particular fish may be taken.

163Taking fish using fishing apparatus

(1)This section applies to a person who takes fish using fishing apparatus in a way that may involve taking fish the person does not intend to keep, including, for example, taking fish unintentionally.

(2)The person may take fish using the fishing apparatus in the way only if—

(a)the person is taking fish the person intends to keep; and

(b)the person immediately releases fish the person does not intend to keep into water deep enough to allow the fish to escape; and

(c)the person does not allow a part of the apparatus containing fish the person does not intend to keep to be out of the water other than to immediately remove the fish from the apparatus and release the fish under paragraph (b).

(3)Subsection (2)(b) and (c) do not apply if the person has a reasonable excuse.

164Particular fishing methods prohibited

(1)A person must not take fish in any of the following ways—

(a)by jagging or foul-hooking;

(b)using underwater breathing apparatus, other than a snorkel;

(c)using a crab hook;

(d)using fishing apparatus across a waterway or navigation channel in a way that makes more than half of its width impassable to a boat or fish.

(2)In this section—

crab hook means a hook, other than a baited hook, used for impaling or extracting crabs.

jagging or foul-hooking means using a device consisting of a hook or a collection of hooks that is used, other than with a lure or bait, to take fish.

165Taking fish using particular bait

A recreational fisher may take fish from non-tidal waters using bait taken from tidal waters only if the bait has been cooked, frozen or preserved.

Examples of ways in which bait may be preserved—

dried, freeze-dried, pickled, preserved in alcohol, salted

166Person may carry out activity under permit

A person may carry out an activity in relation to taking fish that is otherwise prohibited under a provision of part 2 or 3 if the person carries out the activity under a permit.

section 10

sch 1 amd 2019 SL No. 181 s 27 schs 1, 2; 2020 SL No. 196 s 5; 2020 SL No. 236 ss 60, 182; 2021 SL No. 135 s 6; 2021 SL No. 162 ss 9, 11; 2022 SL No. 140 s 5; 2022 SL No. 150 s 5; 2023 SL No. 80 s 7; 2023 SL No. 194 s 31; 2024 SL No. 52 s 22; 2024 SL No. 189 s 6

sections 102 to 109

1Interpretation of tables

(1)A table in this schedule must be read together with chapter 3, which provides for—

(a)how fish mentioned in column 1 of a table in this schedule are regulated fish; and

(b)activities that may be carried out in relation to fish mentioned in column 1 of a table in this schedule despite a prohibition otherwise provided for in the table.

Note—

See, for example—

(a)section 117(2), which provides for taking and possessing a higher number of a regulated coral reef fin fish than that provided for under this schedule; and

(b)section 117(3), which provides for possessing a regulated coral reef fin fish in filleted form in particular circumstances.

(2)Column 2 of a table in this schedule states a letter to indicate the factor in relation to which the fish stated in column 1 is regulated.

(3)In column 2—

F means the fish is regulated by form.

G means the fish is regulated by gender or reproductive capacity.

N means the fish is regulated by number.

S means the fish is regulated by size.

V means the fish is regulated by volume.

W means the fish is regulated by weight.

sch 2 pt 2 amd 2019 SL No. 181 s 27 schs 1, 3; 2020 SL No. 236 ss 61, 124 sch 2, 183; 2021 SL No. 29 s 15; 2021 SL No. 76 ss 4, 7, 9; 2021 SL No. 135 s 7; 2022 SL No. 70 s 4; 2022 SL No. 76 s 6; 2022 SL No. 194 s 4; 2023 SL No. 44 s 14; 2023 SL No. 80 s 8; 2023 SL No. 194 s 32; 2024 SL No. 189 s 7; 2024 SL No. 196 s 8

sch 2 pt 3 amd 2019 SL No. 181 s 27 sch 3

Schedule 2, part 2, entry for regulated coral and schedule 5, definition regulated coral

sch 2A pt 1 amd 2023 SL No. 44 s 15

sch 2A ins 2022 SL No. 76 s 7

schedule 2, part 2, entries for redclaw and yabby

•Alice

•Archer

•Cliffdale

•Cloncurry

•Coen

•Coleman

•Dulhunty

•Edward

•Eight Mile

•Einasleigh

•Embley

•Flinders

•Gilbert

•Hann (with the river basin reference number 1050)

•Hann (with the river basin reference number 9102)

•Holroyd

•Jackson

•Jacky Jacky

•Jardine

•Kendall

•L Creek

•Leichardt

•Lockhart

•Mission

•Mitchell

•Morning

•Mornington Island

•Nicholson

•Norman

•Normanby

•Olive

•Palmer

•Pascoe

•Saxby

•Settlement

•Skardon

•Staaten

•Stewart

•Torres Strait Islands

•Walsh

•Watson

•Wenlock

•Balonne

•Barcoo

•Belyando

•Border Rivers

•Bulloo

•Condamine

•Cooper Creek

•Dawson

•Diamantina

•Georgina

•Isaac

•Macintyre

•Maranoa

•Moonie

•Mulligan

•Nebine

•Paroo

•Severn

•Thomson

•Warrego

schedule 5, definition listed impoundment

•Atkinsons Dam

•Baroon Pocket Dam

•Beehive Dam

•Bill Gunn Dam (Lake Dyer)

•Bjelke-Petersen Dam

•Boondooma Dam

•Borumba Dam

•Burdekin Dam (Lake Dalrymple)

•Callide Dam

•Cania Dam

•Connolly Dam

•Cooby Dam

•Coolmunda Dam

•Cressbrook Dam

•Eungella Dam

•Ewen Maddock Dam

•Fairbairn Dam

•Fred Haigh Dam (Lake Monduran)

•Glenlyon Dam

•Gordonbrook Dam

•Hinze Dam

•Kinchant Dam

•Koombooloomba Dam

•Lake Awonga

•Lake Gregory

•Lake MacDonald

•Lenthalls Dam (Lake Lenthall)

•Leslie Dam

•Maroon Dam

•Middle Creek Dam

•Moogerah Dam

•Mount Morgan Big Dam

•North Pine Dam

•Peter Faust Dam

•Ross River Dam

•Sideling Creek Dam (Lake Kurwongbah)

•Somerset Dam

•Storm King Dam

•Teemburra Dam

•Theresa Creek Dam

•Tinaroo Dam

•Wivenhoe Dam

•Wuruma Dam

•Wyaralong Dam

section 3(1)

coastal 500m line ...

sch 5 def coastal 500m line om 2019 SL No. 181 s 27 sch 1

commercial fishing net means a net of a type that is commercial fishing apparatus.

crab apparatus means any of the following items—

(a)a crab pot, collapsible trap or dilly;

(b)a device that is a combination of 2 or more things mentioned in paragraph (a).

sch 5 def crab apparatus ins 2019 SL No. 181 s 26 (1)

diameter ...

sch 5 def diameter om 2020 SL No. 236 s 184

east coast inshore management region 1 see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 155.

sch 5 def east coast inshore management region 1 ins 2021 SL No. 76 s 8 (2)

east coast inshore management region 2 see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 156.

sch 5 def east coast inshore management region 2 ins 2021 SL No. 76 s 8 (2)

east coast inshore management region 3 see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 157.

sch 5 def east coast inshore management region 3 ins 2021 SL No. 76 s 8 (2)

east coast inshore management region 4 see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 158.

sch 5 def east coast inshore management region 4 ins 2021 SL No. 76 s 8 (2)

east coast inshore management region 5 see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 4, section 159.

sch 5 def east coast inshore management region 5 ins 2021 SL No. 76 s 8 (2)

eastern non-tidal waters means—

(a)non-tidal waters in the east coast drainage division, other than a listed impoundment; and

(b)non-tidal waters in the Murray–Darling drainage division east of the Gore Highway, other than a listed impoundment.

effort units ...

sch 5 def effort units ins 2019 SL No. 181 s 27 sch 1

om 2020 SL No. 236 s 184

effort year see the Fisheries (Commercial Fisheries) Regulation 2019, section 66.

sch 5 def effort year ins 2019 SL No. 181 s 27 sch 1

F, for schedule 2, see schedule 2, part 1, section 1.

fisheries regulated waters plan means a plan mentioned in section 9.

G, for schedule 2, see schedule 2, part 1, section 1.

interdorsal length, for a guitarfish, shark or shovelnose ray, means the distance between the dorsal fins of the fish, measured under section 126.

sch 5 def interdorsal length amd 2020 SL No. 236 s 62

licensed charter fishing trip means a charter fishing trip conducted under a charter fishing licence.

listed impoundment—

1

A listed impoundment is an impoundment mentioned in schedule 4.

2

However, a listed impoundment includes only the waters up to the full supply level of the impoundment.

M1 and M2 area ...

sch 5 def M1 and M2 area ins 2019 SL No. 181 s 27 sch 1

om 2020 SL No. 236 s 184

monofilament ...

sch 5 def monofilament om 2020 SL No. 236 s 184

Moreton Bay (trawling) ...

sch 5 def Moreton Bay (trawling) ins 2019 SL No. 181 s 27 sch 1

om 2020 SL No. 236 s 184

N, for schedule 2, see schedule 2, part 1, section 1.

prescribed barramundi waterway means any of the following waters, or a waterway upstream of any of the following waters—

•Aplins Weir

•Awoonga Dam

•Ben Anderson Barrage

•Burdekin Falls Dam

•Callide Dam

•East Leichhardt Dam

•Eungella Dam

•Fairbairn Dam

•Fred Haigh Dam (Lake Monduran)

•Kinchant Dam

•Koombooloomba Dam

•Lake Belmore

•Lake Corella

•Lake Fred Tritton

•Lake Gregory (Isis Balancing Storage)

•Lake Julius

•Lake Moondarra

•Lake Morris (Copperlode Falls Dam)

•Lenthalls Dam

•Peter Faust Dam

•Teemburra Dam

•Tinaroo Dam

•Wuruma Dam.

prescribed commercial catch, for a species of fish, means the total weight of fish of the species taken under all relevant licences for the fish that is—

(a)calculated periodically by the chief executive from the end of the previous relevant day to the day the calculation is made; and

(b)published on the department’s website and in any other form the chief executive considers appropriate.

Example of another form of publication for paragraph (b)—

a recorded message on the AIVR system

sch 5 def prescribed commercial catch amd 2019 SL No. 181 s 26 (2); 2021 SL No. 76 s 5 (2)

sub 2021 SL No. 76 s 8

prescribed jobfish means any of the following species—

(a)rosy snapper;

(b)flame snapper;

(c)goldband snapper;

(d)green jobfish;

(e)lavender snapper;

(f)ruby snapper;

(g)smalltooth jobfish.

regulated coral means—

(a)a species of specialty coral, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, stated in schedule 2A, part 1; or

(b)a species of other coral, within the meaning of the Fisheries (Commercial Fisheries) Regulation 2019, stated in schedule 2A, part 2.

sch 5 def regulated coral ins 2022 SL No. 76 s 8

regulated maximum number—

(a)for fish stated in schedule 2, part 2, column 1, see section 103(4); or

(b)for fish stated in schedule 2, part 3, column 1, see section 107(1).

relevant day, for calculating the prescribed commercial catch for a species of fish, means—

(a)for calculating the prescribed commercial catch for bar rockcod, pearl perch, regulated coral or snapper—30 June; or

(b)otherwise—31 December.

sch 5 def relevant day ins 2021 SL No. 76 s 8 (2)

amd 2023 SL No. 44 s 16(2); 2023 SL No. 80 s 9; 2023 SL No. 194 s 33(1)

relevant licence, for a species of fish regulated under schedule 2, part 2 in relation to a prescribed commercial catch, means—

(a)for black jewfish—

(i)in waters other than the Gulf of Carpentaria waters—a K1, K2, K3, K4, K5, K6, K7, K8, L1, L2, L3, L8, N10, N15 or NX licence; or

(ii)in the Gulf of Carpentaria waters—an N3, N11, N12 or N13 licence; or

(b)for another species of fish—a licence on which is written the fishery symbol or fishery symbols stated for the fish in schedule 2, part 2 in relation to the prescribed commercial catch for the fish.

sch 5 def relevant licence ins 2021 SL No. 76 s 5 (1)

amd 2023 SL No. 194 s 33(2)

S, for schedule 2, see schedule 2, part 1, section 1.

select coral see the Fisheries (Commercial Fisheries) Regulation 2019, schedule 11.

sch 5 def select coral ins 2023 SL No. 44 s 16(1)

SF↑B sign ...

sch 5 def SF↑B sign om 2019 SL No. 181 s 27 sch 1

threshold percentage, for saucer scallops less than the regulated minimum size provided for saucer scallops under a regulated fish declaration, means the percentage worked out under section 135.

V, for schedule 2, see schedule 2, part 1, section 1.

W, for schedule 2, see schedule 2, part 1, section 1.