Queensland Subordinate Legislation as Made

FISHERIES DECLARATION 2019 - REG 4

4 Relationship between fisheries declarations

(1) 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.

(2) 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—

1 Under a regulated waters declaration, a person must not in the northern rocklobster waters take a tropical rocklobster in the regulated period from 2 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 possess a maximum of 5 tropical rocklobsters. A recreational fisher must not take tropical rocklobsters in the northern rocklobster waters between 2 October and 31 December, or possess tropical rocklobsters taken in the waters in that period, even though the recreational fisher could possess up to a maximum of 5 tropical rocklobsters under the regulated fish declaration.

2 Under 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.