Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as MadeChapter 9—
insert—
'The net fishery (Gulf of Carpentaria no. 1) is activities by way of fishing—
(a) in the fishery area mentioned in section 507C; and
(b) under the authorisations and conditions stated in this part.
'The fishery symbol for the fishery is 'N3'.
'The fishery area under section 507A(a) consists of the tidal waters—
(a) in the Gulf of Carpentaria west of longitude 142&#deg;31'49'' east that are within 7n miles of—
(i) the mainland shore; or
(ii) the shore of an island; and
(b) of waterways that join the waters mentioned in paragraph (a).
'Only the following fish may be taken under the licence—
(a) barramundi;
(b) barred javelin;
(c) black jewfish;
(d) blue threadfin;
(e) king threadfin;
(f) queenfish;
(g) scaly jewfish;
(h) other fin fish, excluding regulated coral reef fin fish, if the fish are taken while taking fish mentioned in paragraphs (a) to (g).
Note—
See, however, section 208 (Authorisations subject to regulation, management plans and authorities).
'(1) Fish may be taken only by using a set mesh net.
'(2) A power assisted device may be used with a set mesh net.
'(1) A set mesh net must not be used—
(a) in a marked navigation channel; or
(b) within 400m of a jetty or wharf; or
(c) across a waterway or navigation channel so that—
(i) its ropes make the waterway or navigation channel impassable to a boat; or
(ii) the net extends to more than one-half of the width of the waterway or navigation channel where the net is used.
'(2) A reference in subsection (1) to using a set mesh net across a waterway or navigation channel includes using more than 1 set mesh net in a line across the waterway or navigation channel, regardless of the distance between the nets.
'(3) A set mesh net must not be used within 100m of any other net that is in use.
'(4) Despite subsection (3), a person using more than 1 set mesh net other than in a river or creek may set the nets within 100m of each other.
'(5) If a set mesh net is used in a river or creek, no other net may be used at the same time other than in a river or creek.
'A set mesh net may not be used in a barramundi (Gulf) regulated period.
'(1) A set mesh net may be used in a river or creek only if the set mesh net—
(a) is no longer than 120m; and
(b) has a mesh size of at least 160mm but no more than 215mm; and
(c) a drop of no more than 50 meshes.
'(2) Up to 6 nets may be set if—
(a) their combined length is no longer than 360m; and
(b) the distance between the first and last net is no longer than 5n miles.
'(3) A person using a net must be no more than 5n miles from any net the person is using.
'(4) If a power assisted device is on a boat, no more than 360m of the net may be attached to the device.
'(5) If a power assisted device is used, all nets on the boat, other than the net on the device, must be stowed and secured.
'(1) This section applies to the use of a set mesh net in nearshore waters.
'(2) A set mesh net may be used only if—
(a) it is no longer than 600m; and
(b) has a mesh size of at least 160mm but no more than 215mm.
'(3) Despite subsection (2), no more than one-third of the net's length may extend out to sea beyond low water.
'(4) Up to 6 nets may be set if—
(a) their combined length is no longer than 600m; and
(b) the distance between the first and last net is no longer than 6n miles.
'(5) A person using a net must be no more than 6n miles from any net the person is using.
'(6) If a power assisted device is on a boat, no more than 600m of the net may be attached to the device.
'(7) If a power assisted device is used, all nets on the boat, other than the net on the device, must be stowed and secured.
'(1) This section applies if the licence has the fishery symbol 'N3' written on it only once.
'(2) A set mesh net may be used in offshore waters only if—
(a) the net is no longer than 300m, whether or not a power assisted device is used; and
(b) the net has a mesh size of at least 160mm but no more than 165mm; and
(c) the net's drop is not more than 50 meshes; and
(d) there are no other nets on the boat; and
(e) the person using the net remains on a boat floating on the water and within 100m of the net while the net is being used; and
(f) the net is not used as a bottom set net.
'(1) This section applies if the licence has the fishery symbol 'N3' written on it more than once.
'(2) A set mesh net may be used in offshore waters only if—
(a) the net is no longer than 600m, whether or not a power assisted device is used; and
(b) the net has a mesh size of at least 160mm but no more than 165mm; and
(c) the net's drop is not more than 50 meshes; and
(d) all other nets on the boat are stowed and secured; and
(e) the person using the net remains on a boat floating on the water and within 100m of the net while the net is being used; and
(f) the net is not used as a bottom set net.
'(1) A set mesh net being used during the day must be marked by—
(a) light coloured floats no more than 20m apart along its length; and
(b) a white float—
(i) at least 15cm in each of its dimensions; and
(ii) with the primary boat mark written on it at the end of the net that is the farthest from the primary boat; and
(iii) with a radar reflector attached to it.
'(2) A set mesh net being used at night must also be marked by—
(a) if the combined length of the net and equipment used to set it is no more than 50m—
(i) a white light, visible at least 400m in all directions, at its end farthest from the shore; and
(ii) a reflectorised float, at least 15cm in each of its dimensions, at its end nearest the shore; or
(b) if the combined length of the net and equipment used to set it is more than 50m—a white light, visible at least 400m in any direction, at both ends of the net.
'(3) Also, if the net is being used in offshore waters, it must be marked by—
(a) 6 floats along its length, each not less than 15cm in each of their dimensions; and
(b) a pole with an orange flag on it at least 2m above the water attached to its end farthest from the shore.
'A primary boat longer than 14m must not be used.
'The permitted distance for an assistant fisher to be under direction of a commercial fisher is 5n miles.
'A bottom set net must not be used in offshore waters.'.