Fisheries (Commercial Fisheries) Regulation 2019

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

This regulation commences on 1 September 2019.

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

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

Subsection (2) 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—

1 sections 14 and 15 of that regulation for the interpretation of references to periods and times; and

2 section 15A of that regulation for the interpretation of references relating to fishing operations; and

3 schedule 7 of that regulation for the interpretation of references to, or relating to, fish; and

4 schedule 8 of that regulation for the interpretation of references to, or relating to, waters or areas; and

5 schedule 9 of that regulation for the interpretation of references to, or relating to, boats; and

6 schedule 10 of that regulation for the interpretation of references to, or relating to, fishing apparatus.

Each fishery named and described in schedules 2 to 8 is a commercial fishery.

Schedules 2 to 8 state the following for each commercial fishery—

the fishery symbol;

the fishery area;

matters about what is authorised under a primary commercial fishing licence on which the fishery symbol for the fishery is written, including, for example—

fish that may be taken in the fishery; and

the way in which fish may be taken in the fishery; and

persons who may take fish in the fishery; and

any other restrictions on a person’s authorisation to take fish in the fishery;

conditions about carrying out activities in the fishery applying to a licence on which the fishery symbol for the fishery is written.

A condition mentioned in subsection (2)(d) may restrict the carrying out of an activity, or the way an activity may be carried out, in a commercial fishery that is otherwise authorised under subsection (2)(c).

This section states, for information purposes only, some general matters about the management and operation of commercial fisheries.

A person may take fish for trade or commerce in the fishery area of a commercial fishery only if the person—

is acting under a primary commercial fishing licence on which the fishery symbol for the fishery is written; and

is a commercial fisher or assistant fisher authorised to take the fish in the fishery under a commercial fisher licence.

The Fisheries (General) Regulation 2019 together with this regulation provide for—

restrictions on the issue of primary commercial fishing licences and commercial fisher licences; and

restrictions on writing fishery symbols on primary commercial fishing licences; and

what is authorised under a primary commercial fishing licence on which a fishery symbol is written, including the persons who are authorised to take fish in the fishery under a commercial fisher licence; and

conditions applying to a primary commercial fishing licence, or commercial fisher licence, about the taking of fish in a commercial fishery.

This section states particular matters about the interpretation of a fishery provision about a commercial fishery.

In a fishery provision about a commercial fishery—

a reference to the licence is a reference to a primary commercial fishing licence on which the fishery symbol for the fishery is written; and

a reference to a primary boat is a reference to the primary boat for the licence mentioned in paragraph (a); and

a reference to a tender boat is a reference to a tender boat for the licence mentioned in paragraph (a); and

a reference to a commercial fisher is a reference to a commercial fisher acting under the licence mentioned in paragraph (a); and

a reference to an assistant fisher is a reference to an assistant fisher under direction of a commercial fisher mentioned in paragraph (d).

This division states particular matters about what a person (the authorised person) acting under a primary commercial fishing licence on which a fishery symbol for a commercial fishery is written is authorised to do in the fishery under the licence.

The authorised person may take fish only in a fishery area of the commercial fishery.

However, if a fishery provision about the commercial fishery states that fish may be taken only in an area stated on the licence and an area is stated on the licence, the authorised person may take fish only in the area stated on the licence.

Also, if a fishery provision about the commercial fishery states that fish may be taken only in a particular area within the fishery’s fishery area, the authorised person may take fish only in the area stated in the fishery provision.

The authorised person may take only fish that a fishery provision about the commercial fishery states may be taken by the person in the fishery.

If a fishery provision about the commercial fishery states that fish may be taken in the fishery only in a stated way, the authorised person may take fish in the fishery only in the stated way.

Examples of stated ways—

• by using only stated fishing apparatus

• by using stated fishing apparatus only in a stated way

• by using only a stated number of stated fishing apparatus

If a particular type of fishing apparatus is authorised to be used to take fish in the commercial fishery and there is no fishery provision about the fishery stating the number of items of that type of fishing apparatus that may be used for taking fish in the fishery, no more than 1 item of the type may be used at the same time for taking fish in the fishery.

Subsection (2) applies even if more than 1 person is acting under the licence.

This section applies if a fishery provision about the commercial fishery states that fish taken in the fishery area of the fishery may be possessed, sold or processed only in stated circumstances or in a stated way.

The authorised person may possess, sell or process the fish only in the stated circumstances or stated way.

This section applies if a fishery provision about the commercial fishery states that commercial fishing apparatus may be possessed in the fishery area of the fishery only in stated circumstances or in a stated way.

The authorised person may possess the commercial fishing apparatus only in the stated circumstances or stated way.