Fisheries Management Act 1994 Fisheries Management (General) Amendment (Striped Marlin) Regulation 1998 (1998-231) [GG No 73 of 1.5.1998, p 3068] (NSW)

1998 No 231

New South Wales

Fisheries Management (General)
Amendment (Striped Marlin)
Regulation 1998
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 Fisheries
Explanatory note
Striped marlin are currently protected from commercial fishing. It is an offence to take striped marlin for sale from waters to which the Fisheries Management Act 1994 applies or to sell striped marlin in New South Wales (regardless of where they were taken).
The object of this Regulation is to prescribe a defence to the offence of selling striped marlin.The defence applies where striped marlin are taken as a by product of certain tuna fishing operations that are carried out under the authority of Commonwealth law.
This Regulation is made under the Fisheries Management Act 1994, including section 21 (1) (a) (Defences) and section 289 (the general regulation-making power).

Published in Gazette No 73 of 1 May 1998. page 3068 Page 1

1998 No 231

Clause 1

Fisheries Management (General) Amendment (Striped Marlin) Regulation 1998

Fisheries Management (General) Amendment

(Striped Marlin) Regulation 1998

1 Name of Regulation

This Regulation is the Fisheries Management (General)
Amendment (Striped Marlin) Regulation 1998.

2 Commencement

This Regulation commences on 1 May 1998.

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.

Schedule 1 Amendment

(Clause 3 )

Clause 6A
Insert after clause 6:
6A Defence—striped marlin

For the purposes of section 21 (1) (d) of the Act, it is a
defence to a prosecution for an offence under section 20 (3) of the Act (relating to sale of fish protected from commercial fishing) if:

(a) the fish is striped marlin, and
(b) the striped marlin was taken by a person while lawfully taking or attempting to take tuna for sale, by the method of long line (pelagic), minor line or pole fishing, under the authority of a permit issued under a law, of the Commonwealth.

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Citations

Fisheries Management Act 1994 - Fisheries Management (General) Amendment (Striped Marlin) Regulation 1998 (1998-231) [GG No 73 of 1.5.1998, p 3068] (NSW)

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(a)	the fish is striped marlin, and
(b)	the striped marlin was taken by a person while lawfully taking or attempting to take tuna for sale, by the method of long line (pelagic), minor line or pole fishing, under the authority of a permit issued under a law, of the Commonwealth.