(1) For the purposes of the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:
(a) an animal or plant of a protected species is not to be taken or possessed except in accordance with subparagraph 5.3(b)(ii) or paragraph 5.3(c) of the Zoning Plan;
(b) a specimen of an animal of a species is not to be taken or possessed if the species is specified in:
(i) Part 1 of the table in subsection (2); or
(ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(a)--the declaration, as in force from time to time;
(c) no more than 5 specimens of an animal of a species specified in:
(i) Part 2 of the table in subsection (2); or
(ii) without limiting subparagraph (i) of this paragraph, if a declaration is in force under paragraph (3)(b)--the declaration, as in force from time to time;
may be taken or possessed;
(d) subject to the limitations prescribed by paragraphs (a), (b) and (c) of this subsection, if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:
(i) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and
(ii) the taking or possession is to be in accordance with that legislation.
Note 1: For paragraph (a), section 30 sets out the kinds of species that are protected species.
Note 2: A declaration under paragraph (3)(a) or (b) may add additional species to the species specified in the table in subsection (2).
(2) The following table has effect for the purposes of subparagraphs (1)(b)(i) and (c)(i).
Restricted species for fishing or collecting | ||
Item | Species | Common names |
Part 1--No specimens to be taken or possessed at any time | ||
1 | Classes Anthozoa and Hydrozoa (all species) | Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals |
2 | Sphyrna mokarran | Great hammerhead shark |
3 | Sphyrna zygaena | Smooth hammerhead shark |
Part 2--No more than 5 specimens to be taken or possessed at a time | ||
1 | Chlorurus microrhinos | Steephead parrotfish |
2 | Class Ascidiacea (all species) | Sea squirts |
3 | Class Gastropoda (all species except Cassis cornuta and Charonia tritonis ) | Snails and slugs (including whelks, nudibranchs, limpets, cowries, trochus and baler shells) except giant helmet shell and trumpet triton |
4 | Family Anomalopidae (all species) | Flashlightfishes |
5 | Family Antennariidae (all species) | Anglerfishes and frogfishes |
6 | Family Aploactinidae (all species) | Velvetfishes |
7 | Family Apogonidae (all species) | Cardinalfishes and siphonfishes |
8 | Family Aulostomidae (all species) | Trumpetfishes |
9 | Family Balistidae (all species) | Triggerfishes |
10 | Family Batrachoididae (all species) | Frogfishes |
11 | Family Blenniidae (all species) | Blennies |
12 | Family Callionymidae (all species) | Dragonets |
13 | Family Caracanthidae (all species) | Crouchers and orbicular velvetfishes |
14 | Family Centriscidae (all species) | Razorfishes and shrimpfishes |
15 | Family Chaetodontidae (all species) | Butterflyfishes |
16 | Family Cirrhitidae (all species) | Hawkfishes |
17 | Family Clinidae (all species) | Scaled blennies, armoured blennies and weedfishes |
18 | Family Congridae (all species) | Conger eels |
19 | Family Diodontidae (all species) | Porcupinefishes |
20 | Family Ephippidae (all species) | Batfishes |
21 | Family Fistulariidae (all species) | Flutemouths |
22 | Family Gobiidae (all species) | Gobies |
23 | Family Holocentridae (all species) | Squirrelfishes and soldierfishes |
24 | Family Labridae (all species except Choerodon anchorago , C. schoenleini , C. cyanodus , C. cephalotes , C. venustus , Bodianus spp ., Cheilinus undulatus , C. fasciatus and C. trilobatus ) | Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse) |
25 | Family Malacanthidae (all species) | Tilefishes |
26 | Family Microdesmidae (all species) | Wormfishes and dartfishes |
27 | Family Monacanthidae (all species) | Leatherjackets |
28 | Family Monocentrididae (all species) | Pineapplefishes |
29 | Family Muraenidae (all species) | Moray eels |
30 | Family Ophichthidae (all species) | Snake eels |
31 | Family Ostraciidae (all species) | Boxfishes |
32 | Family Pegasidae (all species) | Seamoths |
33 | Family Plesiopidae (all species) | Longfins and prettyfins |
34 | Family Pomacanthidae (all species) | Angelfishes |
35 | Family Pomacentridae (all species) | Damselfishes |
36 | Family Priacanthidae (all species) | Bigeyes |
37 | Family Pseudochromidae (all species) | Dottybacks and eel blennies |
38 | Family Scorpaenidae (all species) | Scorpionfishes, firefishes and lionfishes |
39 | Family Siganidae (all species) | Rabbitfishes |
40 | Family Tetraodontidae (all species) | Toadfishes and pufferfishes |
41 | Family Tripterygiidae (all species) | Triplefins |
42 | Family Zanclidae (all species) | Moorish idol |
43 | Genus Nautilus (all species) | Nautilus |
44 | Genus Pinctada (all species) | Pearl oysters |
45 | Phylum Echinodermata (all species except those of the class Holothuroidea or the species of Acanthaster) | Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers or crown of thorns starfish |
46 | Phylum Porifera (all species) | Sponges |
47 | Subfamily Anthiinae (all species) | Anthias and basslets |
48 | Tribe Grammistini (all species) | Soapfishes |
(3) The Authority may, by notifiable instrument, make a declaration for the purposes of:
(a) subparagraph (1)(b)(ii); or
(b) subparagraph (1)(c)(ii).