27D

Exception for commercial fishing

In force

(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—

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 2026, 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.

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