Fisheries Management Act 1994 Fisheries Management (General) Amendment (Unlicensed Crew) Regulation 1996 (1996-312) [GG No 84 of 12.7.1996] (NSW)

1996 No 312

New South Wales

Fisheries Management (General)

Amendment (Unlicensed Crew)

Regulation 1996

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

At present, the Fisheries Management (General) Regulation 1995 makes i t a condition of a commercial fishing licence and a fishing boat licence that the holder of the licence must not use unlicensed crew members on a boat being used to take fish, except in specified circumstances. Those exceptions do not extend to the taking of abalone in the abalone fishery.

The object of this Regulation is to allow licensed abalone fishers to use unlicensed crew members on the boats that they use in connection with the taking of abalone. It will be necessary for such unlicensed crew members to be registered under section 110 of the Fisheries Management Act 1994. The Regulation makes it clear that an Unlicensed crew member is only authorised to assist the licensed abalone fisher in the operation of the boat or other fishing equipment. The Regulation does not authorise an unlicensed crew member to take abalone on behalf of a licensed abalone fisher.

This Regulation is made under the Fisheries Management Act 1994, including section 304 (4) (a) (prescribed conditions of commercial fishing licences), section 108 (4) (a) (prescribed conditions of fishing boat licences) and section 289 (the general regulation making power).

Published in Gazette No 84 of 12 July 1996, page 3997 Page 1

1996 No 312

Clause 1 Fisheries Management (General) Amendment (Unlicensed Crew)
Regulation 1996

Fisheries Management (General) Amendment

(Unlicensed Crew) Regulation 1996

1 Name of Regulation

This Regulation is the Fisheries Management (General)

Amendment (Unlicensed Crew) Regulation 1996.

2 Commencement

This Regulation commences on l August 1996.

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.

1996 No 312

Fisheries Management (General) Amendment (Unlicensed Crew)

Regulation 1996

Schedule 1

Amendment of Fisheries Management (General) Regulation 1995

Schedule 1 Amendment of Fisheries Management
(General) Regulation 1995

(Clause 3)

[ 1 ]       Clause 138 Prescribed conditions of commercial fishing licences

Insert at the end of clause 138 (1) (c) (iii):

, or

(iv)    to take abalone in the abalone share management fishery in accordance with with paragraph (c1),

(cl) the holder of the licence, being a licence that is endorsed under the Act for the taking of abalone in the abalone share management fishery, must not use any unlicensed crew member on a boat being used by the licence holder for the taking of abalone from the fishery, unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking abalone from the fishery on the licence holder’s behalf,

[2]        Clause 145 Prescribed conditions of fishing boat licences

Insert at the end of clause 145 (1) (d) (iii):

, or

(iv)    to take abalone in the abalone share management fishery in accordance with clause 138 (1) (c1),