Fisheries and Oyster Farms Act 1935 Regulation relating to restrictions on the catching of certain species of fish (1993-158) [GG No 41 of 30.4.1993] (NSW)

1993—No. 158

FISHERIES AND OYSTER FARMS ACT 1935—REGULATION

(Relating to restrictions on the catching of certain species of fish)

NEW SOUTH WALES

[Published in Gazette No. 41 of 30 April 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 Natural Resources.

Commencement

1. This Regulation commences on 1st May, 1993.

Amendments

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

amended:

(a)	by omitting from the Table to clause 32 the word “Chrysophrys” and by inserting instead the word “Pagrus”;
(b)	by omitting from Part 1 of the Table to clause 34 the word “Chrysophrys” and by inserting instead the word “Pagrus”;
(c)	by omitting Part 2 of the Table to clause 34 and by inserting instead the following matter:

1993—No. 158

TABLE PART 2

(INVERTEBRATES AND TUNICATES)

Column I	Column 2
Class of fish

Common name	Species	Permitted quantity
Abalone	Haliotis ruber	10
Beach Worms	Family Nereididae	20 comprised

Family Onuphidae wholly of
any single
species or a
combination
of species

Cockle	Anadara spp.	50 comprised
Pipi	Donax deltoides	wholly of
Mussel	Mytilis edulis	cockles or wholly of pipis or
wholly of mussels or partly of
each
Crab, blue	Portunis pelagicus	20

swimmer

Crab, mud, black Scylla serrata 5

or mangrove

Crab, spanner Ranina ranina 10

1993—No. 158

Crabs, all species Subclass Brachyura 10 comprised

other than blue	wholly of
swimmer, mud,	any single
black,	species or a
mangrove,	combination
spanner, or	of species
soldier (Mictyris spp.)

Cunjevoi Pyura spp. 20 comprised

wholly of any single species or a

combination

of species

Molluscs except Phylum Mollusca 20 comprised

squid, octopus	wholly of
and cuttlefish	any single
(Class	species or a
Cephalopoda),	combination
oysters (Family	of species
Ostreidae), scallops (Family Pectinidae) and any other mollusc referred to in this Table

Rock lobster, Jasus verreauxi 2 comprised

eastern wholly of

Rock lobster, Jasus novaehollandiae any single

southern species or a

Rock lobster, Panulirus longipes combination

painted longipes of species

Rock lobster, Panulirus ornatus

painted

Slipper lobster

Family Scyllaridae

(Shovelnose

lobster)

1993—No. 158

Sea Urchin Class Echinoidea 10 comprised

wholly of any single species or a

combination

of species

EXPLANATORY NOTE

Currently, clause 34 of the Fisheries and Oyster Farms (General) Regulation

1989 makes it an offence for a person to take or attempt to take from any waters, in

any one day, or to have in their possession in or near any waters, more than the “permitted quantity” of certain types of fish. This clause is essentially a limit on the number or volume of certain species or combinations of species of fish which a person may catch in any one day. These catch limits do not apply to the holders of certain permits, licences or leases which relate to fishing or fish farming.

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

(a)	to change the scientific name of Snapper from “Chrysophrys auratus” to “Pagrus auratus” (this follows a taxonomic revision of the name);
(b)	to convert the catch limits which are currently expressed in terms of volume (cockle, pipi, mussel, sea urchin and molluscs) to numeric amounts;
(c)	to limit the number of beach worms, cunjevoi, and certain species of crabs and lobsters (not currently the subject of a restriction), which may be caught in one day;

(d) to reduce the catch limit for lobster;

(e) to combine the catch limits for cockle, mussel and pipi; and

(f) to combine the existing catch limits for different types of sea urchin so that there is one catch limit extending to all types of sea urchin.

This Regulation is made under the Fisheries and Oyster Farms Act 1935, including section 120 (1) (the general regulation making power) and section 120 (2) (eee).