Fisheries Management Act 1994 Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997 (1997-79) [GG No 22 of 28.2.1997, p 1069] (NSW)
1997 No 79
New South Wales
Fisheries Management (General)
Amendment (Purse Seine and
Lampara Fishing) Regulation 1997
under the
Fisheries Management Act 1994
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.
Bob Martin
Minister for Mineral Resources and Minister for Fisheries
Explanatory note
The object of this Regulation is to extend the ocean hauling restricted fishery to the use of a purse seine net to take fish for sale from the waters of the Ocean hauling fishery (that is, ocean waters and certain other waters). The effect of the extension is that a commercial fisher will not lawfully be able to use a purse seine net to take fish for sale in those waters unless the fisher has an endorsement on his or her commercial fishing licence authorising the fisher to do so.
The Regulation makes provision for applications for endorsements authorising the use of a purse seine net, sets out the eligibility criteria for an endorsement and makes consequential amendments.
This Regulation is made under the Fisheries Management Act 1994, including section 111 (Declaration of restricted fisheries), section 112 (Commercial fishing licence to be endorsed for restricted fishery), section 116 (Other regulations) and section 289 (the general regulation making power).
Published in Gazette No 22 of 28 February 1997, page 1069 Page 1
1997 No 79
| Clause 1 | Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997 |
Fisheries Management (General) Amendment
(Purse Seine and Lampara Fishing) Regulation
1997
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997.
2 Commencement
This Regulation commences on 1 March 1997.
3 Amendment of Fisheries Management (General) Regulation 1995
The Fisheries Management (General) Regulation 1995 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1997 No 79
Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3)
[1] Clause 212A Definitions
Insert in alphabetical order:
nominated fisher means a person nominated in accordance with clause 212X to take fish for sale in the restricted fishery.
waters of the restricted fishery means the waters
referred to in clause 212C (1).
[2] Clause 212C Description of ocean hauling fishery
Insert “or purse seine net” after “hauling net” in clause 212C (l).
[3] Clause 212C (1) (a)
Omit clause 212C (1) (a). Insert instead:
(a) ocean waters within 3 nautical miles of the natural coast line (as defined in Schedule 1),
[4] Clause 212D Types of endorsement in restricted fishery
Insert at the end of clause 212D:
e Class C endorsement. This endorsement authorises the holder to take fish for sale by use of a purse seine net from ocean waters within 3 nautical miles of the natural coast line (as defined in Schedule 1) and the waters of Jervis Bay.
(2)
For the purpose of section 112 (2) of the Act, it is a condition of an endorsement that the holder of the endorsed licence does not take fish for sale in the restricted fishery except as authorised by the class or classes of endorsement on his or her commercial fishing licence.
Note. Additional classes of endorsement are provided for by
Division 4B of this Part.
1997 No 79
Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997
| Schedule | 1 | Amendments |
Clause 212E Application for endorsement
Insert at the end of clause 212E (3) (b):
, or
(c)
in the case of an application for a class C endorsement-$30 if the applicant is the holder of a class A endorsement or $250 in any other case.
Clause 212E (4)
Omit the subclause.
Insert instead:
(4)
The Minister may endorse the commercial fishing licence of a person who satisfies the eligibility requirements for the endorsement or who is the nominated fisher of a person who satisfies the eligibility requirements for the endorsement.
Clause 212E (5)
Omit “an applicant who is otherwise eligible if the applicant'’.
Insert instead “a person if the person'’.
Clause 212F Eligibility for an endorsement
Omit “An applicant for a class A endorsement is eligible for that endorsement’’ from clause 212F (1).
Insert instead “A person is eligible for a class A endorsement”. Clause 212F
Omit “the applicant” wherever occurring in clause 212F.
Insert instead “the person’'.
Clause 212F (2)
Omit “An applicant for a class B endorsement is eligible for that
endorsement”.
Insert instead “A person is eligible for a class B endorsement”.
1997 No 79
Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997
Amendments Schedule 1 [11] Clause 212F (2A)
Insert after clause 212F (2):
(2A) A person is eligible for a class C endorsement if the
Minister is satisfied that:
(a) the person owns a licensed fishing boat, and (b)
the person owns a purse seine net that was registered in the name of the person before 1 January 1991 and the net was used to take fish for sale in at least one of the years from 1991 to 1994, and
(c)
the person has taken for sale at least 10 tonnes of pilchard, anchovy, whitebait, mackerel, yellowtail or Australian salmon, or at least 10 tonnes of any combination of those fish, in the years 1986 to 1990 (inclusive) using a purse seine net, and
(d)
the person submitted at least 3 catch returns to the Director in the years from 1991 to 1994 that record purse seining as a catch method.
(2B) A person is also eligible for a class C endorsement if the
Minister is satisfied that:
(a) the person owns a fishing business that is a recognised fishing operation (within the meaning of clause 135), and (b) the fishing business includes a purse seine net that was registered before l January 1991, and that was used to take fish for sale in at least one of the years from 1991 to 1994, and (c) the catch history associated with the fishing business of the person (determined in accordance with clause 135) satisfies the criteria set out in subclause (2A) (c) and (d).
[12] Clause 212F (3)
Omit “an applicant’s’’. Insert instead “a person’s”.
1997 No 79
Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997
| Schedule | 1 | Amendments |
Clause 212F (3A)
Insert after clause 212F (3):
(3A) The Minister may, for the purpose of determining a person’s eligibility for an endorsement, require a net to be presented for inspection by officers of NSW Fisheries.
Clause 212H Type of hauling net that may be used (class A endorsement)
Omit clause 212H (1). Insert instead:
(1) It is a condition of a class A endorsement that the holder of the endorsed licence does not take fish for sale by use of a hauling net from the waters of the restricted fishery unless the holder is authorised to use that type of hauling net by his or her endorsement.
Clause 212I Region in which hauling nets may be used (class A endorsement)
Omit “take fish for sale in the restricted fishery” from clause waters of the restricted fishery’'.
212I (1).
Clause 212J Class B endorsement holder may only assist class A endorsement holder
Omit “take fish for sale in the restricted fishery”. waters of the restricted fishery”.
Clause 212M Review of Minister’s determination regarding endorsement
Omit the clause.
1997 No 79
Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997
Amendments Schedule 1 [18] Clause 212N Holder of class A or class C endorsement unable to take fish
Insert “or class C” after “class K’ wherever occurring in clause
212N (1).[19] Clause 212N (3)
Insert “or class C” after “class A’ where firstly and thirdly occurring.
[20] Clause 212N (3)
Omit “a class A endorsement”.
Insert instead “an endorsement”.[21] Clause 212N (3)
Insert “212D,” after “clause”.
[22] Clause 212O Application for endorsement of licence for further period
Insert at the end of clause 212O (3) (b):
(c) in the case of an application for a class C endorsement for a further period-$30 if the applicant is the holder of a class A endorsement or $250 in any other case.
[23] Clause 212O (5) (cl)
Insert after clause 212O (5) (c):
(c 1) the applicant, or if the applicant is a nominated fisher, the owner of the fishing business who nominated the fisher, has ceased to be entitled to the endorsement (see clause 212Y), or
1997 No 79
Fisheries Management (General) Amendment (Purse Seine and Lampara Fishing) Regulation 1997
| Schedule | 1 | Amendments |
Clause 212P Cancellation and suspension of endorsements
Omit clause 2 12P (d). Insert instead:
(d) the holder of the endorsed licence, or if the holder of the endorsed licence is a nominated fisher, the owner of the fishing business who nominated the holder of the endorsed licence, ceases to be entitled to an endorsement (see clause 21 2Y).
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