Fisheries and Oyster Farms Act 1935 Regulation relating to bag limits, prohibited size fish and miscellaneous matters (1993-199) [GG No 58 of 11.6.1993] (NSW)

1993—No. 199

FISHERIES AND OYSTER FARMS ACT 1935—REGULATION

(Relating to bag limits, prohibited size fish and miscellaneous matters)

NEW SOUTH WALES

[Published in Gazelle No. 58 of 11 June 1993]

HIS Excellency the Governor, with the advice of the Executive Council,
and in pursuance of the Fisheries and Oyster Farms Act 1935, has been

pleased to make the Regulation set forth hereunder.

I. R. CAUSLEY, M.P.,

Minister for Agriculture and Fisheries

Commencement

1. This Regulation commences on 11th June, 1993.

Amendments

2. The Fisheries and Oyster Farms (General) Regulation 1989 is

amended:

(a) by omitting clause 26 and by inserting instead the following

clause:

Permission to leave rod and line unattended

26. For the purposes of section 53 (3) of the Act, a person who is taking or attempting to take salmon or trout from any inland waters using a rod and line may leave that rod and line unattended
so long as the person remains within 10 metres of the rod and line

while it is unattended and the rod and line are within that person’s
line of sight.

1993—No. 199

(b) by omitting the Table to clause 32 and by inserting instead the following Table:

TABLE PART 1

(FISH—MARINE)

Column 1 Column 2

Class of fish

Minimum

Common name Species	measurement in centimetres
30

Blackfish, Rock	Girella elevata	25
Bream, Black or Southern	Acanthopagrus butcheri
25
Bream, Yellowfin	Acanthopagrus australis
33
Flathead, Common or	Platycephalus fuscus

Dusky

33

Flathead, Sand	Platycephalus
caeruleopunctatus

33

Flathead, Tiger	Platycephalus richardsoni	60
Kingfish, Yellowtail	Seriola lalandi	25
Luderick	Girella tricuspidata	28
Morwong (Jackass fish)	Nemadactylus macropterus	25
Morwong, Red (Sea carp)	Cheilodactylus fuscus	28
Morwong, Rubberlip	Nemadactylus douglasii	30
Mullet, Sea (including	Mugil cephalus

“Bully”) 45

Mulloway	Argyrosomus hololepidotus	91
28
Shark, School	Galeorhinus galeus	30
Snapper	Pagrus auratus	20
Tailor	Pomalomus saltatrix	38
Tarwhine	Rhabdosargus sarba	21
Teraglin	Atractoscion aequidens
Whiting, Sand (silver)	Sillago ciliata

TABLE PART 2

(INVERTEBRATES—MARINE)

Column 1	Column 2
Class of fish	Minimum measurement in

Common name Species centimetres

Abalone Haliotis ruber 11.5

Crab, Blue Swimmer Portunus pelagicus	6
Crab, Mud, Black or Scylla serrata	8.5

Mangrove

Crab, Spanner Ranina ranina	9.3
Lobster, Common Rock Jasus verreauxi	10.4

1993—No. 199

TABLE PART 2

(INVERTEBRATES—MARINE)—continued

Lobster, Southern Rock Jasus edwardsii 11

(male)

Lobster, Southern Rock Jasus edwardsii 10.5

(female)

Snail, Sydney Turban Turbo torquatus	7.5
Snail, Military Turban Turbo militaris	1.5

TABLE PART 3

(FISH—FRESHWATER OR ESTUARINE)

Column 2

Column 1

Class of fish Minimum

Species measurement

Common name in centimetres

Tandanus tandanus 30

Catfish, Eel-tailed	Maccullochella	peelii	50
Cod, Murray	Macquaria	ambigua	25
Perch, Golden	Bidyanus	bidyanus	25

Perch, Silver Salvelinus fontinalis 25

Trout, Brook Salmo trutta 25

Trout, Brown	Oncorhynchus mykiss	25
Trout, Rainbow	Salmo salar	25
Salmon. Atlantic

TABLE PART 4

(INVERTEBRATES—FRESHWATER)

Column 1 Column 2

Class of fish

Minimum

Species measurement

Common name	in centimetres
Murray Crayfish	Euastacus armatus 8

(Freshwater spiny)

(c) by omitting from clause 34 (1) (a) the matter “1, 2 or 3”

wherever occurring and by inserting instead the matter “1 or 2”;

(d) by inserting after clause 34 (1) the following subclause:

1993—No. 199

(1A) A person must not:

(a)	in or on or adjacent to the waters specified in Column 2 of Part 3 or 4 of the Table to this clause take on any day more then the daily limit in respect of any fish (of a class specified opposite those waters in Column 1 of Part 3 or 4 of that Table) as specified opposite that class of fish in Column 3 of Part 3 or 4 of that Table; or
(b)	attempt to take from those waters on any one day more than the daily limit of those fish; or
(c)	have in possession in or on or adjacent to those waters more than the possession limit of those fish (as specified opposite that class of fish in Column 4 of Part 3 or 4 of that Table).

Maximum penalty: 50 penalty units.

(e)	by omitting from clause 34 (2) the words “Subclause (1) (c) does not apply to or in respect of a person who has in possession more than the permitted quantity” and by inserting instead the words “Subclauses (1) (c) and (1A) (c) do not apply to or in respect of a person who has in possession more than the permitted quantity or possession limit”;
(f)	by omitting Part 1 of the Table to clause 34 and by inserting instead the following matter.

TABLE PART 1

(FISH—MARINE OR ESTAURINE)

Column 1 Column 2

Class of fish

Common name Species Permitted quantity

Deep sea species:

Bar cod Epinephelus 5 comprised of any

septemfasciatas single species or a

Bass groper	Polyprion moeone	combination of species
Hapuka	Polyprion oxygeneios
Trevalla blue-eye or	Hyperoglyph antarctica

deep sea

Blackfish, Rock	Girella elevata	10
Bream, black or	Acanthopagrus butcheri	20 comprised wholly of

southern black or southern bream

Bream, yellowfin	Acanthopagrus australis	or wholly of yellowfin bream or partly of each
Flathead, dusky or	Platycephalus fuscus	10

common

1993—No. 199

TABLE PART I

(FISH—MARINE OR ESTUARINE)—continued

Flathead, sand or Platycephalus 20 comprised wholly of a

eastern blue spot caeruleopunctatus single flathead species or

Flathead, tiger	Platycephalus richardsoni	}	a combination of species
Flathead, all other	Platycephalus spp.	except for dusky or
common flathead which are subject to a separate
limit
Groper, blue, red or	Achoerodus viridis	2

brown

Hairtail	Trichiurus lepturus	10
Kingfish, yellowtail	Seriola lnlandi	5
Luderick	Girella tricuspidata	20
Mackerel, spotted	Scomberomorus munroi	} 5 comprised wholly of
Mackerel, spanish or	Scomberomorus commerson	narrow barred or spanish

narrow barred	mackerel or wholly of
spotted mackerel or
partly of each

Morwong, red	Cheilodactylus fuscus	5
Mulloway	Argyrosomus hololepidotus	5 (with not more than 2
longer than 70 cms)
Salmon, Australian	Arripis trutta	5
Snapper
Tailor	Pagrus auratus	10
Teraglin	Pomatomus saltatrix	20
Atractoscion aequidens
Trevally	Pseudocaranx dentex	20 comprised wholly of 5
Caranx spp.	any single species or a combination of species
Tunas of the genus

Thunnus

Tuna, yellowfin	Thunnus albacares	2	comprised	of	any
Tuna, albacore	Thunnus alalunga	single	species	or	a

Tuna, big-eye	Thunnus obesus	combination of species,
Tuna, northern bluefin	Thunnus tonggol	each of which is longer

Tuna, southern bluefin	Thunnus maccoyii	than 90 cm
Whiting
20 comprised of any
Sillago spp.
single species or a
combination of species
1993—No. 199

(f) by omitting Part 3 of the Table to clause 34 and by inserting

instead the following matter:

TABLE PART 3

(FISH—FRESHWATER AND ESTUARINE)

Column 1 Column 2 Column 3 Column 4

Class of fish

Common Species Waters Daily limit Possession

name limits

Murray cod Maccullochella All waters of 2 4

peelii NSW

Golden Macquaria Backed up 5 10

perch ambigua waters of dams and impoundments

All other 10 20

waters of

NSW

Silver perch Bidyanus Backed up 5 10

bidyanus waters of dams and impoundments

All other 2 4

waters of

NSW

5

Eel-tailed Tandanus Backed up 10

Catfish tandanus waters of dams and impoundments

All other

2  4

waters of

NSW

Australian Macquaria 2 comprised 4 comprised

bass	novemacu-	wholly	of	of	a
leata	Australian	combination

Estuary Macquaria bass or of Australian

perch	colonorum	wholly	of	bass	and
estuary	estuary

perch	or	perch (only
partly	of	1 of which
each (only 1	can be
of which can	longer than
be	longer	35cm)

than 35cm)

5

2

5

1993—No. 199

All waters of

NSW TABLE PART 3

(FISH—FRESHWATER AND ESTUARINE)—continued

Salmon, Salmo salar All waters of 10 20

Atlantic NSW comprised of comprised of

Trout, Salvelinus any single a

Brook	fontinalis	species or a	combination
Trout,	Salmo trutta	combination	of species

Brown	of species
Trout,	Oncorhynchus
Rainbow	mykiss

TABLE PART 4

(INVERTEBRATES—FRESHWATER)

Column 1 Column 2 Column 3 Column 4

Class of fish

Common Species Waters Daily limit Possession

name limit

Murray Euastacus All waters of 10 20

crayfish armatus NSW

(g)	by inserting in clause 37 after the word “gills” the words “or scales”;
(h)	by inserting before clause 59 the following clauses:

Leaving of rod and line unattended

57. A person who is taking or attempting to take fish from any inland waters using a rod and line must not leave that rod and line unattended unless that person remains within 10 metres of the rod and line while it is unattended and the rod and line are within that person’s line of sight.

Maximum penalty: 50 penalty units

Prohibited lures and baits

58. (1) A person must not take or attempt to take any fish from

inland waters with a lure or bait that is:

(a) a live fin fish; or

(b)	any fish or any part of a fish of the Family Cyprindae (carp or goldfish) or any other species of fish not native to the waters of New South Wales; or
(c)	trout or salmon roe or any product containing trout or salmon roe.

1993—No. 199

(2) A person fishing in inland waters must, on the demand of an

inspector, produce to that inspector the lure or bait being used by

that person.

Maximum penalty: 50 penalty units

(i)    by inserting in clause 62A (1) (c), after the words “permitted quantity”, the matter “or daily limit”.

EXPLANATORY NOTE

The object of this Regulation is to amend the Fisheries and Oyster Farms (General) Regulation 1989 so as:

(a)	to allow a person fishing for trout or salmon to leave his or her rod and line unattended if the person remains within 10 metres of the rod and line and the rod and line are within that person’s line of sight; and
(b)	to prohibit a person taking or attempting to take fish from inland waters using a rod and line from leaving that rod and line unattended, unless that person remains within 10 metres of the rod and line and the rod and line are within that person’s line of sight; and

(c) to change the minimum prescribed measurement for a number of fish; and

(d)	to introduce a daily possession limit in respect of some fish (in addition to the daily bag limit) and to vary the limits according to which waters the fish are taken from; and
(e)	to allow the scales to be removed (in addition to the gills, as at present) from any species of fish which is the subject of a minimum size requirement before the fish are delivered or consigned for sale (tampering with fish restricts the enforcement of minimum size requirements and bag limits); and
(f)	to prohibit the use of the following fish as baits and lures when fishing in

inland waters:

• live fin fish

• carp or goldfish or any other species of fish not native to the

waters of New South Wales

• trout or salmon roe (including any product containing trout or

salmon roe).

This Regulation is made under the Fisheries and Oyster Farms Act 1935, including section 53 (3), section 120 (2) (f), (g), (w), (qq), (rr) and (eee) and section 120 (3).