Fisheries and Oyster Farms Act 1935 Regulation relating to priority among prawn fishermen on the Clarence River (1992-360) [GG No 83 of 3.7.1992] (NSW)

1992—No. 360

FISHERIES AND OYSTER FARMS ACT 1935—REGULATION

(Relating to priority among prawn fishermen on the Clarence River)

NEW SOUTH WALES

[Published in Gazette No. 83 of 3 July 1992]

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

Minister for Natural Resources

Commencement

1. This Regulation commences on 13th July, 1992.

Amendment of Fisheries and Oyster Farms (Nets and Other Fishing
Gear) Regulation 1989

2. The Fisheries and Oyster Farms (Nets and Other Fishing Gear Regulation 1989 is amended:

(a)	by omitting from clause 8 (5) the words “the licensed fishing boat (being a boat owned by the fisherman the crew or a member of the crew) to be used”, and by inserting instead the words “one or more licensed fishing boats, of which only one is to be used at a time by, and all of which are owned by, the fisherman, the crew or a member of the crew”;
(b)	by inserting in clause 8 (12) (d) (iii) and (13) (d) (iii) after the word “boat’’ wherever occurring the words “or boats”;

(6) by inserting after clause 8 (13) (d) (iii) the following

subparagraph:

(iiia) in the case of a crew forme d under subclause (10), the

membe r of the crew who owns that boat is the fisherman

whose name was drawn; and

1992—No. 360

(d) by omitting clause 8 (17) and (18) and by inserting instead the following subclauses:

(17) If any fisherman or crew is entitled to use a prawn net (set

pocket) pursuant to a determination under subclause (2) (c):

(a)	only that fisheman or a member of that crew may set or operate the net; and
(b)	that fisheman or all members of that crew shall be in the boat when setting or operating the net and no other person

shall be allowed in the boat while the net is being set or is

in operation, except a fisherman.

Maximum penalty: 50 penalty units.
(18) Subclause (17) does not prohibit a fisheman or crew who

is or are entitled to use a prawn net (set pocket) pursuant to a determination under subclause (2) (c) from receiving assistance in setting the net or in the operation of the net from another

fisheman or crew if:

(a)	the fishemam or crew providing the assistance are entitled to use a prawn net (set pocket) pursuant to a determination under subclause (2) (c); and
(b)	the fisheman or crew providing the assistance do not use a prawn net (set pocket) in another position on the same night.

(e)	by omitting from clause 8 (20) the words ‘‘only use on that night the licensed fishing boat which was” and by inserting instead the words “use on that night only one of the licensed fishing boats which were”;
(f)	by omitting clause 8 (30) (a), (b) and (c) and by inserting instead the following paragraphs:

(a) a meeting of the Commercial Fishing Advisory Council in

the capacity of member of that Council; or

(b) a meeting of a Regional Advisory Committee in the

capacity of member of that Committee; or

(c) a conference or deputation with the Director of N.S.W. Fisheries (or the Director’s nominee) on business of that Council or such a Committee; or

1992—No. 360

EXPLANATORY NOTE

The object of this regulation is to amend the Fisheries and Oyster Farms (Nets and Other Fishing Gear) Regulation 1989 in its application to determining the priority among fishexmen using prawn nets (set pocket) in the Clarence River.

(a), (b) and (e). The first change is to permit participants in the ballot for priority to nominate more fishing boats owned by them than they expect to use. This is to ensure that, in the case of a breakdown or other unforeseen circumstance, it will still be possible for the successful participants to go prawning in accordance with the determination.

(c). In cases where a fisherman’s name is drawn in the ballot, the fisherman may team up with another whose name has not yet been drawn in the same ballot. The second change is to stipulate that the boat to be used by the team must be one owned by the fisherman whose name was drawn.

(d). The third amendment makes it lawful for any fisherman to be present on a boat during prawning operations (even if that fisherman is not part of the crew of the boat). However, the fisherman whose name was drawn for the boat must be present as well.

The amendment also removes the current area restrictions on the rendering of assistance, so that assistance may be accepted from any other fisherman or crew. However, the fisherman or crew must also have been successful in the same ballot for priority, and if they give assistance on any night they cannot themselves also go prawning that night.

(f). The final amendment amends the provision which allows for the fact that fishermen may not be able to be present personally during prawning on occasions when they are carrying out other responsibilities (eg. attending statutory meetings). The amendment replaces references to meetings of the New South Wales Association of Professional Fishermen or its Board with references to the Commercial Fishing Advisory Council and the Regional Advisory Committees.