Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 (F2019L00166) - REG 44

Designation of Species Conservation (Dugong Protection) SMAs

             (1)  Each area described in clause 1 of Schedule 5 is designated as a Species Conservation (Dugong Protection) SMA in accordance with that clause.

Special management provisions

             (2)  Netting or bait netting (within the ordinary meaning of the expressions) in a Species Conservation (Dugong Protection) SMA mentioned in column 1 of an item in the following table must, subject to this section, be carried out by commercial fishers in accordance with the provisions of Chapter 2 of the Fisheries Regulation specified in column 2 of that item.

Note:          Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).

Conditions of set mesh net use in certain offshore waters--clause 2 of Schedule 5

             (3)  A set mesh net must not be used in an area of waters described in clause 2 of Schedule 5 that are offshore waters unless the net:

                     (a)  is not longer than 50 metres; and

                     (b)  is used in accordance with section 121 of the Fisheries Regulation.

No netting (other than bait netting)--clause 3 of Schedule 5

             (4)  No netting (within the ordinary meaning of the expression), other than bait netting (within the meaning of this instrument), may be carried out in the area described in clause 3 of Schedule 5.

Note 1:       For an additional requirement related to stowing and securing any equipment that is normally used for fishing or collecting, see paragraph 2.3.3(g) of the Zoning Plan.

Note 2:       See section 15 for the nets specified for the definition of bait netting in the Zoning Plan and the prescribed limitations on the use of those nets.

Conditions of set mesh net use--clause 4 of Schedule 5

             (5)  A set mesh net must be used in an area described in clause 4 of Schedule 5 in accordance with the following conditions:

                     (a)  the set mesh net must be:

                              (i)  weighed down along the full length of the bottom of the net with only continuous lead core rope that has a diameter between 6 and 8 millimetres (inclusive); and

                             (ii)  used in accordance with paragraphs 120A(c), (d), (e) and (f) of the Fisheries Regulation;

                     (b)  under each authority that allows netting (within the ordinary meaning of the expression) in the area, the number of set mesh nets being used in the area must be no more than 3;

                     (c)  each set mesh net must be no longer than 120 metres;

                     (d)  the mesh size of each set mesh net must be between 100 and 215 millimetres (inclusive);

                     (e)  if a set mesh net has a mesh size between 150 and 215 millimetres (inclusive)--the number of rows of mesh between the top and bottom of the net must be no more than 16.

Note 1:       The definition of mesh net in the Fisheries Regulation includes several examples of ways a mesh net can be used, including using a mesh net as a set mesh net.

Note 2:       For the definition of authority that applies to this section, see paragraph (b) of the definition of that term in subsection 5(1).

Conditions of mesh net use--clause 4 of Schedule 5

             (6)  A mesh net (except a set mesh net used in accordance with subsection (5)) must not be used in an area described in clause 4 of Schedule 5 unless the mesh net:

                     (a)  is fixed or hauled; and

                     (b)  is no longer than 120 metres; and

                     (c)  has a mesh size between 50 and 115 millimetres (inclusive); and

                     (d)  is weighed down along the full length of the bottom of the net with only continuous lead core rope that has a diameter between 6 and 8 millimetres (inclusive); and

                     (e)  is used in accordance with subsection 472(7) of the Fisheries Regulation.

Note:          The definition of mesh net in the Fisheries Regulation includes several examples of ways a mesh net can be used, including as a set mesh net.