Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Interim Order 2011 (NSW)

I, the Minister for Primary Industries, in pursuance of section 221IG of the Fisheries Management Act 1994, make the following Order.

Dated, this 14th day of June 2011.

Minister for Primary Industries

1Name of Order

This Order is the Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Interim Order 2011.

2Commencement

This Order:

• (a)

  commences on the day on which it is published in the Gazette, and

• (b)

  has effect for 6 months, and

• (c)

  is repealed at the end of the last day on which it has effect.

3Repeal of previous order

The Fisheries Management (Continuation of Activities in Lowland Lachlan River Catchment) Further Interim Order 2010 is repealed.

4Continuation of existing activities(1)

The activities referred to in subclauses (2)–(4) may continue in the Lowland Lachlan River Catchment subject to compliance with any applicable fishing regulatory controls.

(2)

A recreational fisher may take from the Lowland Lachlan River Catchment any of the following species of fish, may possess any such species of fish taken from the Lowland Lachlan River Catchment, or may carry out any routine activity in connection with any such taking or possession:

• (a)

  Paratya australiensis (freshwater shrimp),

• (b)

  Macrobrachium australiense (freshwater prawn),

• (c)

  Cherax destructor (yabby),

• (d)

  Maccullochella peelii peelii (Murray cod),

• (e)

  Macquaria ambigua (golden perch),

• (f)

  Nematalosa erebi (bony bream),

• (g)

  Leiopotherapon unicolor (spangled perch).

(3)

A person holding a commercial fishing licence that has a Class A: Yabby and carp endorsement (transferable) in the inland restricted fishery may:

• (a)

  take Cherax destructor (yabby) from the Lowland Lachlan River Catchment, or

• (b)

  possess or sell Cherax destructor (yabby) taken from the Lowland Lachlan River Catchment, or

• (c)

  carry out any routine activities in connection with any such taking, possession or sale.

(4)

A broodstock collector may take from the Lowland Lachlan River Catchment any of the following species of fish, may possess any such species of fish taken from the Lowland Lachlan River Catchment, or may carry out any routine activity in connection with any such taking or possession:

• (a)

  Cherax destructor (yabby),

• (b)

  Maccullochella peelii peelii (Murray cod),

• (c)

  Macquaria ambigua (golden perch).

(5)

In this clause:

applicable fishing regulatory controls means requirements imposed by or under the Fisheries Management Act 1994 that apply to or in respect of the activities concerned.

broodstock collector means a person who takes fish under the authority of a permit issued under section 37 of the Fisheries Management Act 1994 for aquaculture purposes.

inland restricted fishery has the same meaning as it has in the Fisheries Management (General) Regulation 2010.

Lowland Lachlan River Catchment means the aquatic ecological community in the natural drainage system of the lowland catchment of the Lachlan River (described in the recommendation of the Fisheries Scientific Committee to list that aquatic ecological community as the area covered by that recommendation).