Fisheries Management Act 1994 Fisheries Management (Continuation of Activities in Lower Murray River) Interim Order 2001 (2001-1028) [GG No 196 of 21.12.2001, p 10646] (NSW)

2001 No 1028

Fisheries Management (Continuation New South Wales

of Activities in Lower Murray River)

Interim Order 2001

under the

Fisheries Management Act 1994

I, the Minister for Fisheries, make the following Order under section 221IG of the

Fisheries Management Act 1994.

Dated, this 19th day of December 2001.

The Hon EDWARD OBEID, M.L.C.,

Minister for Fisheries

Explanatory note

The aquatic ecological community in the natural drainage system of the lower Murray River catchment is listed as an endangered ecological community under the Fisheries Management Act 1994.

However, the Act enables the Minister for Fisheries to make an order authorising a class of persons to carry out an activity that may result in harm to an endangered species, population or ecological community or damage to its habitat. As an interim measure (that is, while such a proposed order is being assessed under the Act) the Minister may make an order lasting up to 6 months to allow an existing activity to be continued.

The object of this Order is to make such interim provision in relation to the continuation of certain recreational and commercial fishing activities in the natural drainage system of the lower Murray River catchment. The activities the subject of this Order may only continue subject to compliance with any applicable fishing regulatory controls. (For example, the taking of silver perch is to be subject to compliance with the fishing closure under section 8 of the Fisheries Management

Published in Gazette No 196 of 21 December 2001, page 10646 Page 1
[4]

2001 No 1028

Fisheries Management (Continuation of Activities in Lower Murray River) Interim Order 2001

Explanatory note

Act 1994 that prohibits the taking of silver perch by all methods of fishing from all New South Wales waters except, and only to the extent it is otherwise lawful to do so, from the backed up waters of any dam or impoundment.)

The recommendation of the Fisheries Scientific Committee referred to in this Order
is available for inspection at all NSW Fisheries Offices.
This Order is made under section 221IG of the Fisheries Management Act 1994.

2001 No 1028

Fisheries Management (Continuation of Activities in Lower Murray River)	Clause 1
Interim Order 2001

Fisheries Management (Continuation of Activities in
Lower Murray River) Interim Order 2001

1. Name of Order

   This Order is the Fisheries Management (Continuation of Activities in
   Lower Murray River) Interim Order 2001.

2. Commencement and duration

   This Order:

(a)	takes effect on the day that it is published in the Gazette, and
(b)	ceases to have effect on the day that is 6 months after the day on which it takes effect.

1. Continuation of existing activities

(1)  The following activities may continue in the natural drainage system of the lower Murray River catchment (as described in the recommendation of the Fisheries Scientific Committee to list the aquatic ecological community in that system as an endangered ecological community) subject to compliance with any applicable fishing regulatory controls:

(a)

recreational fishers may take or possess any of the following:

(i)	Paratya australiensis (freshwater shrimp),
(ii)	Macrobrachium australiense (freshwater prawn),
(iii)	Caridina mccullochi (freshwater shrimp),
(iv)	Cherax destructor (yabby),
(v)	Euastacus armatus (Murray crayfish),
(vi)	Tandanus tandanus (freshwater catfish),
(vii)	Gadopsis marmoratus (river blackfish),
(viii)	Maccullochella peelii peelii (Murray cod),
(ix)	Macquaria ambigua (golden perch),
(x)	Bidyanus bidyanus (silver perch),
(xi)	Nematalosa erebi (bony bream),

or carry out any routine activity in that connection,

2001 No 1028

Clause 3 Fisheries Management (Continuation of Activities in Lower Murray River)
Interim Order 2001

(b) persons holding a commercial fishing licence with a class A: Yabby and carp endorsement (transferable) may take, possess or sell Cherax destructor (yabby), or carry out any routine activity in that connection.

(2)	In this clause fishing regulatory controls has the same meaning it has in Division 5 of Part 5 of the Environmental Planning and Assessment Act 1979.
Note. See Recommendation on page 10650 of Gazette No 196 of 21.12.2001.

BY AUTHORITY