Fisheries and Oyster Farms Act 1935 Regulation relating to the prescribed methods of taking pipis, yabby, squirt worms and other types of fish, the taking of octopus and shucking (1993-174) [GG No 47 of 14.5.1993] (NSW)

1993—No. 174

FISHERIES AND OYSTER FARMS ACT 1935—REGULATION

(Relating to the prescribed methods of taking pipis, yabby. squirt worms and

other types of fish, the taking of octopus and shucking)

NEW SOUTH WALES

[Published in Gazette No. 47 of 14 May 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 15th May, 1993.

Amendments

2. The Fisheries and Oyster Farms (Nets and Other Fishing Gear)

Regulation 1989 is amended:

(a)	by inserting in clause 64 after the word “picking” the words “(whether or not while wearing a glove)”;
(b)	by omitting clause 65 and by inserting instead the following clauses:

Taking of beach worms

65. A person must not take or attempt to take beach worms by any method other than by hand (whether or not while wearing a glove) or by use of pliers.

Maximum penalty: 25 penalty units.

1993—No. 174

Taking of yabby, squirt worms etc.

65A. A person must not take or attempt to take any yabby (pink nippers), squirt worms, blood worms or any other intertidal invertebrate from a rock platform by any method other than by use of a single blade knife with a blade longer than it is wide, or from any other place by any method other than by use of:

(a) a cylindrical pump, or similar device, having a cylinder with a length of not more than 25mm and a diameter of not more than 85mm; or

(b) a single blade knife with a blade longer than it is wide; or

(c) a spade or fork (except in a seagrass bed, mangrove or saltmarsh area).

Maximum penalty: 25 penalty units.

Taking of octopus from rock platforms
65B. (1) A person must not take or attempt to take any octopus from any rock platform in ocean water or the waters of Port Jackson.

Maximum penalty: 25 penalty units.
(2) For the purposes of this clause, “Port Jackson” includes

the Parramatta and Lane Cove Rivers and Middle Harbour and the waters of Port Jackson up to a line drawn between the eastern most point of Outer North Head and the eastern most point of South Head.

Shucking of intertidal vertebrates
65C. A person must not shuck any intertidal invertebrate in or on or adjacent to any waters except for immediate bait use.

Maximum penalty: 25 penalty units.

EXPLANATORY NOTE

The object of this Regulation is to amend the Fisheries and Oyster Farms (Nets

and Other Fishing Gear) Regulation 1989:

(a)	to make it clear that it is permitted to take pipis by hand while wearing a glove; and
(b)	to omit the current restrictions on the method of taking worms and nippers and to prohibit instead the taking of yabby. squirt worms, blood worms and other intertidal invertebrates by any method other than by using certain

prescribed apparatus (including a pump, knife, spade or fork); and

1993—No. 174

(c)	to prohibit the taking of such intertidal invertebrates from rock platforms other than by using a single blade knife; and
(d)	to prohibit the taking of octopus from rock platforms in ocean waters and any waters within Port Jackson; and
(e)	to prohibit the shucking of intertidal invertebrates except for immediate bait use.

This Regulation is made under the Fisheries and Oyster Farms Act 1935,

including section 120 (2) (f) and (g).