Fisheries (General) Regulation 2019

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

This regulation commences on 1 September 2019.

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

all provide for matters under the Act; and

must be read together.

Note—

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

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

the interpretation of particular references; and

the authorisation under, and conditions of, an authority.

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

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

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

Note—

See section 29(4).

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

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

For section 5(3)(b) of the Act, a relevant protected animal is prescribed not to be a fish.

In this section—

relevant protected animal means an animal that is protected wildlife under the Nature Conservation Act 1992, other than each of the following animals—

Australian lungfish;

largetooth sawfish;

Mary River cod;

redfish;

scalloped hammerhead;

silver perch.

Note—

See also the Nature Conservation (Animals) Regulation 2020, section 66A.

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

A recreational fisher is a person who is carrying out recreational fishing.

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

the person takes or possesses the fish—

for trade or commerce; or

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

the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition;

the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom.

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

A person may carry out recreational fishing even if the person—

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

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

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

Example—

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

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

Recreational fishing apparatus is—

a spear or spear gun; or

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

a canister trap;

a cast net;

a collapsible trap;

a crab pot;

a dilly;

a fishing line;

a fork;

a funnel trap;

a hand pump;

a lobster loop;

a pyramid trap;

a round trap;

a scoop net;

a seine net.

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

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

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

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

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

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

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

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

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

Examples—

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

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