2019-07-18 OM Agenda - Item 1 - Attachment 2 - Fisheries Regulation Discussion Paper

84. Clarifying the term manipulation in the context of measuring fin fish.
    The Fisheries Regulation outlines how fin fish are to be measured ‘without manipulating the fish’.
    To provide greater clarity about these requirements, it is proposed that the Fisheries Regulation be
    amended to clarify what constitutes ‘manipulation’ in this context.
85. Standardising fishery closure provisions.
    Many Queensland fisheries are subject to seasonal closures, applying to either the recreational
    sector or commercial sector, and in some cases both. Even though all closures are a little different
    in nature (timing, location etc.), the wording used to describe the times the closure starts and
    finishes should be consistent. Currently, closures are described within the Fisheries Regulation in a
    variety of different ways, some stating midnight, midday or staying silent and only stating the dates
    of the closure. It is proposed that all fisheries closures are listed in the Fisheries Regulation using
    only the closed and open dates.
86. Clarify the definition of aquaculture.
    Under the Fisheries Act 1994, aquaculture is defined as ‘the cultivation of live fisheries resources
    for sale other than in circumstances prescribed under a regulation’. This definition creates a degree
    on ambiguity as to what activities fall within the realm of ‘cultivation’. To address this ambiguity, it is
    proposed that greater clarification be provided in the Fisheries Regulation. To achieve this, the
    following will be excluded from the definition of aquaculture:
    1. holding and maintaining fisheries resources collected under a commercial fishing or harvest
       licence (as defined under the Fisheries Act) prior to sale, unless the activity involves the
       breeding of the collected fisheries resource or promotion or improvement of the fisheries
       resource to enhance production
    2. cultivation of marine aquarium fish collected under a Queensland Aquarium Fish Fishery (A1,
       A2) licence (as defined under the Fisheries Act) that is held by the licence holder prior to sale,
       unless the activity involves any breeding of the collected fish
    3. cultivation of coral collected under a Queensland Coral Fishery (D) licence (as defined under
       the Fisheries Act) that is held by the licence holder prior to sale, unless the activity involves
       any propagation of the collected coral, including sexual and asexual reproduction (propagation
       by asexual reproduction includes the practice of fragging, whereby a coral is cut and/or
       trimmed and subsequently placed on a base, which may include ceramic or cementitious
       material)
    4. holding fisheries resources in a pet shop or retail outlet for sale, or in an aquarium for
       exhibition (including an aquarium operated commercially).
    These exclusions would not apply to any activities involving placement of cultivated fisheries
    resources in marine/tidal waters. Such activities would continue to require approvals, whether the
    purpose is for sale or other than for sale, in order to address disease/biosecurity issues and
    allocation of areas.
87. Standardise the process for addition or removal of impoundments to or from the Stocked
    Impoundment Scheme.
    It is proposed to provide a standard process to add or remove impoundments to or from the Stock
    Impoundment Permit scheme. This would clarify the minimum requirements and the consultation
    required to be undertaken before an impoundment is added and fishers are required to obtain a
    permit to fish.



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