Fisheries Management (Estuary General Share Management Plan) Regulation 2006 (NSW)

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1Name of Regulation

This Regulation is the Fisheries Management (Estuary General Share Management Plan) Regulation 2006.

2Commencement

This Regulation commences on 5 February 2007.

3Estuary General Share Management Plan

The Estuary General Share Management Plan set out in the Appendix to this Regulation has effect.

Appendix

(Clause 3)

Part 1Preliminary1Name of Plan

This is the Estuary General Share Management Plan.

2Definitions(1)

In this Plan—

body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly, and any extension piece that may be inserted immediately forward of the codend.

certificate of survey for a boat means—

  • (a)

    a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998, or

  • (b)

    if a certificate of survey has not been issued for the boat—a document that—

    • (i)

      is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and

    • (ii)

      specifies the measured length of the boat determined in accordance with the National Standard for Commercial Vessels.

codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.

drift line means a line which is attached to a float, buoy or similar device, not being a float, buoy or device which is—

  • (a)

    held in the hand or attached to fishing gear held in the hand, or

  • (b)

    secured in any other manner which prevents it from drifting or floating freely.

endorsement means an endorsement on a commercial fishing licence that authorises the taking of fish in the fishery.

endorsement holder means a person who holds a commercial fishing licence that has an endorsement.

estuarine waters has the meaning given by Schedule 1 to the Act.

estuary general fishing business means a fishing business the components of which include shares in the fishery.

exempt boat means a boat exempt from the maximum boat length under clause 13A or 14.

fishery means the estuary general fishery (as described in Schedule 1 to the Act).

hand picking, of fish, means any method of taking fish by hand (whether or not while wearing a glove) including taking fish by hand while diving or while using any of the following instruments—

  • (a)

    a single blade knife with a blade longer than it is wide,

  • (b)

    a pump or similar device having a barrel or cylinder with a diameter of not more than 85 millimetres,

  • (c)

    a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 millimetres and a diameter of not more than 85 millimetres,

  • (d)

    a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis),

  • (e)

    pliers.

holding pen means any enclosure used to store or hold live fish in estuarine waters, but does not include a trap or net used in compliance with this Plan.

identifying number of a boat means the identifier issued by the Secretary for the boat under the Fisheries Management (General) Regulation 2019, clause 125(3)(a), before its repeal.

maximum boat length—see clause 13.

National Standard for Commercial Vessels means the National Standard for Commercial Vessels within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.

permitted species of fish has the meaning given by clause 16.

prohibited size class of fish means any species of fish referred to in the Fisheries Management (General) Regulation 2019, clause 6.

quota share—see clause 6A.

relevant fishing boat licence—see clause 13A(1).

relevant fishing business, in relation to an endorsement holder, means the fishing business a component of which is the holder’s endorsement.

relevant fishing business number, in relation to the identification of any fishing gear or holding pen, means the number of the fishing business a component of which is the endorsement held by the person who set the net, trap, line or holding pen concerned.

set line means any line not held in the hand, or not attached to fishing gear held in the hand, which is used or intended to be used for the purpose of taking fish, but does not include a drift line.

Supporting Plan means the Fisheries Management Supporting Plan as set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.

the Act means the Fisheries Management Act 1994.

unique vessel identifier for a boat means the vessel identifier issued for the boat by the Australian Maritime Safety Authority under the National Standard for Commercial Vessels.

use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited).

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.

(2)

In this Plan, a reference to a region of the fishery is a reference to a region described in clause 4.

(3)

In this Plan, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.

(4)

Notes in this Plan do not form part of the Plan.

Part 2Objectives of Plan3Objectives, performance indicators and triggers for review(1)

The objectives of this Plan are set out in Column 1 of the Table to this clause.

(2)

For the purposes of section 57 (2) (a) of the Act, the performance indicator in relation to each objective of this Plan is set out in Column 2 of the Table to this clause next to the objective concerned.

(3)

For the purposes of section 57 (2) (b) of the Act, a review of this Plan is required in the circumstances provided for in Column 3 of the Table to this clause next to the objective and performance indicator concerned.

(4)

In the Table—

key secondary species means a permitted species of fish that is designated as a key secondary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).

primary species means a permitted species of fish that is designated as a primary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).

secondary species means a permitted species of fish that is designated as a secondary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).

Table

Column 1

Column 2

Column 3

Objective

Performance indicator

Trigger for review

1

Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to managing the impacts of the fishery on the environment and to ensuring ecologically sustainable development

Reduction in the estimated quantity of the estuary general catch (by method) which is discarded

The Secretary is satisfied that the estimated quantity of discards for any observed method increases between consecutive observer surveys

No new primary species or key secondary species with an exploitation status is classified as “overfished” or “recruitment overfished” by the Department

On the basis of resource assessment frameworks approved by the Director- General, the exploitation status of a primary species or key secondary species is changed to “overfished” or “recruitment overfished” by the Department

Total annual landings of all secondary species taken in the fishery as a percentage of the total annual landings in the fishery remains at 15% or less

The Secretary is satisfied that the contribution of secondary species to total annual landings exceeds 15% in any 2 consecutive years

No interactions between the fishery and any threatened species, population or ecological community that are likely to threaten the survival of a species, population or ecological community

Any interaction between the fishery and any threatened species, population or ecological community reported by endorsement holders in the fishery or observed during an observer survey that is likely to threaten the survival of a threatened species, population or ecological community, as determined by the Secretary on advice from relevant experts

No interactions between the fishery and protected fish that are likely to threaten the survival of protected fish

On a biennial review undertaken by the Department of interactions between the fishery and protected fish reported by endorsement holders in the fishery or observed during an observer survey, the Secretary, on advice from relevant experts, determines that the level of these reported interactions is likely to threaten the survival of the protected fish

2

Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to promoting viable commercial fishing

There are net returns to the fishery

The Secretary is satisfied that the gross value of production of the fishery has not exceeded the sum of indicative industry operational costs and government management costs relevant to the fishery for 3 consecutive years

Part 3Description of fisheryNote—

The fishery is described in Schedule 1 to the Act as consisting of—

  • (a)

    the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and

  • (b)

    the taking of fish from ocean beaches by the method of hand picking.

Estuarine waters do not include the waters of Port Jackson.

4Regions of fishery(1)

For the purposes of this Plan, the fishery is divided into 7 regions, as specified in Column 1 of the Table to this clause.

(2)

A description of each region, and the estuarine waters within the region, is set out in Columns 2 and 3 of the Table to this clause next to the name of the region concerned.

(3)

A reference to an estuary in the Table includes a reference to all creeks, rivers, lakes, lagoons and tributaries flowing into or from that estuary.

Column 1

Column 2

Column 3

Region

Description of region

Estuarine waters within region

Upper North Coast—Region 1

That part of the State lying generally between the border between the States of Queensland and New South Wales and the parallel 29°15′ south latitude

Tweed River

Cudgen Lake

Cudgera Creek

Mooball Creek

Brunswick River

Richmond River

Evans River

Jerusalem Creek

Clarence—Region 2

That part of the State lying generally between the parallel 29°15′ south latitude and the parallel 29°45′ south latitude

Clarence River

Sandon River

North Coast—Region 3

That part of the State lying generally between the parallel 29°45′ south latitude and the parallel 31°44′ south latitude

Wooli Wooli River

Station Creek

Corindi River

Arrawarra Creek

Darkum Creek

Woolgoolga Lake

Hearns Lake

Moonee Creek

Coffs Harbour Creek

Boambee Creek

Bonville Creek

Dalhousie Creek

Oyster Creek

Nambucca River

Macleay River

South West Rocks Creek

Saltwater Creek

Korogoro Creek

Killick Creek

Lake Cathie (Lake Innes)

Camden Haven River

Central—Region 4

That part of the State lying generally between the parallel 31°44′ south latitude and the parallel 33°25′ south latitude

Manning River

Khappinghat Creek

Wallis Lake

Smiths Lake

Myall Lakes (Myall River)

Port Stephens (Karuah River)

Hunter River

Tuggerah Lakes

Metropolitan—Region 5

That part of the State lying generally between the parallel 33°25′ south latitude and the parallel 34°20′ south latitude

Hawkesbury River

Port Hacking

Upper South Coast—Region 6

That part of the State lying generally between the parallel 34°20′ south latitude and the parallel 35°25′ south latitude

Towradgi Creek

Lake Illawarra

Minnamurra River

Spring Creek

Werri Lagoon

Crooked River

Shoalhaven River

Lake Wollumboola

Jervis Bay

Swan Lake

Berrara Creek

Nerrindillah Creek

Lower South Coast—Region 7

That part of the State lying generally between the parallel 35°25′ south latitude and the border between the States of New South Wales and Victoria

Termeil Lake

Willinga Lake

Durras Lake

Clyde River (Batemans Bay)

Moruya River

Congo Creek

Coila Lake

Lake Brou

Wagonga Inlet

Corunna Lake

Tilba Tilba Lake

Wallaga Lake

Barragoot Lake

Cuttagee Lake

Murrah Lake

Bunga Lagoon

Wapengo Lake

Middle Lake (Bega)

Wallagoot Lake

Bournda Lagoon

Merimbula Lake

Pambula Lake

Curalo Lake

Note—

Fishing in the above waters is subject to other restrictions imposed by this Plan, the Supporting Plan or by other regulations under the Act (and, in particular, the fishing closures set out in Schedule 1).

5Classes of share

The following classes of shares are available in the fishery—

  • (a)

    Estuary general—handline shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (b)

    Estuary general—meshing shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (c)

    Estuary general—prawning shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (d)

    Estuary general—trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (e)

    Estuary general—eel trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (f)

    Estuary general—mud crab trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (g)

    Estuary general—hand gathering shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (h)

    Estuary general—category one hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (i)

    Estuary general—category two hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (j)

    Estuary general—mud crab quota shares,

  • (k)

    Estuary general—blue swimmer crab quota shares,

  • (l)

    Estuary general—eel quota shares,

  • (m)

    Estuary general—pipi quota shares,

  • (n)

    Estuary general—beachworm quota shares,

  • (o)

    Estuary general—cockle quota shares,

  • (p)

    Estuary general—ghost nipper quota shares.

Note—

The classes of shares referred to in paragraphs (a)–(i) correspond to the types of endorsements available in the fishery and the region in which an endorsement authorises the holder to take fish.

The classes of shares referred to in paragraphs (j)–(p) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.

6Types of endorsement(1)

There are 63 types of endorsement available in the fishery, as follows—

  • (a)

    Handline endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (b)

    Meshing endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (c)

    Prawning endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (d)

    Trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (e)

    Eel trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (f)

    Mud crab trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (g)

    Hand gathering endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (h)

    Category one hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

  • (i)

    Category two hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7.

(2)

A handline endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using a handline, rod and line, set line or drift line.

(3)

Only shareholders who hold estuary general—handline shares for a region are eligible to be given, or to nominate a person to be given, a handline endorsement for that region.

(4)

A meshing endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

  • (a)

    meshing net,

  • (b)

    flathead net.

(5)

Only shareholders who hold estuary general—meshing shares for a region are eligible to be given, or to nominate a person to be given, a meshing endorsement for that region.

(6)

A prawning endorsement authorises the holder to take prawns from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

  • (a)

    prawn net (hauling), and a try net (prawns) (but only to facilitate the use of the prawn net (hauling)),

  • (b)

    prawn net (set pocket),

  • (c)

    prawn running net,

  • (d)

    seine net (prawns), and a try net (prawns) (but only to facilitate the use of the seine net (prawns)),

  • (e)

    hand-hauled prawn net,

  • (f)

    push or scissors net (prawns),

  • (g)

    dip or scoop net (prawns).

(7)

Only shareholders who hold estuary general—prawning shares for a region are eligible to be given, or to nominate a person to be given, a prawning endorsement for that region.

(8)

A trapping endorsement authorises the holder to use a fish trap to take fish (other than eels) from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.

(9)

Only shareholders who hold estuary general—trapping shares for a region are eligible to be given, or to nominate a person to be given, a trapping endorsement for that region.

(10)

An eel trapping endorsement authorises the holder to use an eel trap to take eels from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.

(11)

Only shareholders who hold estuary general—eel trapping shares for a region are eligible to be given, or to nominate a person to be given, an eel trapping endorsement for that region.

(12)

A mud crab trapping endorsement authorises the holder to use a crab trap to take fish (other than eels) from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.

(13)

Only shareholders who hold estuary general—mud crab trapping shares for a region are eligible to be given, or to nominate a person to be given, a mud crab trapping endorsement for that region.

(14)

A hand gathering endorsement authorises the holder to take beachworm, pipi, cockle, cuttlefish, mussel and nippers from estuarine waters and ocean beaches (seaward up to an imaginary line on the beach representing the lowest astronomical tide), within a region of the fishery specified in the endorsement, by the method of hand picking.

(15)

Only shareholders who hold estuary general—hand gathering shares for a region are eligible to be given, or to nominate a person to be given, a hand gathering endorsement for that region.

(16)

A category one hauling endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

  • (a)

    hauling net (general purpose),

  • (b)

    trumpeter whiting net (hauling),

  • (c)

    pilchard, anchovy and bait net (hauling),

  • (d)

    garfish net (hauling),

  • (e)

    garfish net (bullringing),

  • (f)

    bait net.

(17)

Only shareholders who hold estuary general—category one hauling shares for a region are eligible to be given, or to nominate a person to be given, a category one hauling endorsement for that region.

(18)

A category two hauling endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

  • (a)

    garfish net (hauling),

  • (b)

    garfish net (bullringing),

  • (c)

    bait net.

(19)

Only shareholders who hold estuary general—category two hauling shares for a region are eligible to be given, or to nominate a person to be given, a category two hauling endorsement for that region.

(20)

Any endorsement that authorises the taking of fish from the estuarine waters within Region 5 (as specified next to Region 5 in the Table to clause 4) is taken to also authorise the taking of fish from any part of the Hawkesbury River that lies outside Region 5 in the proximity of Wisemans Ferry and Mangrove Creek.

(21)

Any endorsement that authorises the taking of fish from estuarine waters within one region is taken to also authorise the taking of fish from estuarine waters within another region, but only if those other waters are specified in the endorsement.

Part 3AQuota management6ANew classes of shares(1)

The following classes of shares are available in the fishery—

  • (a)

    Estuary general—mud crab quota shares,

  • (b)

    Estuary general—blue swimmer crab quota shares,

  • (c)

    Estuary general—eel quota shares,

  • (d)

    Estuary general—pipi quota shares,

  • (e)

    Estuary general—beachworm quota shares,

  • (f)

    Estuary general—cockle quota shares,

  • (g)

    Estuary general—ghost nipper quota shares.

(2)

These shares are created as further classes of shares under section 71A of the Act and are referred to in this Plan as quota shares.

6BAllocation of quota shares—first issue(1)

A person is eligible to be issued with the quota shares specified in Column 1 of the Table to subclause (2) if the person is an eligible shareholder in relation to those shares.

(2)

A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 of the Table to this subclause if, on the relevant date, the person holds shares of a class specified opposite in Column 2.

Column 1

Column 2

Quota shares

Existing shares

Estuary general—mud crab quota shares

Estuary general—meshing shares—Regions 1–7

Estuary general—mud crab trapping shares—Regions 1–7

Estuary general—blue swimmer crab quota shares

Estuary general—meshing shares—Regions 1–7

Estuary general—trapping shares—Regions 1–7

Estuary general—category one hauling shares—Regions 1–7

Estuary general—eel quota shares

Estuary general—eel trapping shares—Regions 1–7

(3)

The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.

(4)

The determination is to be made on the basis of an allocation formula set out in a notice published by the Secretary in the Gazette.

(5)

The allocation formula is also to be made available on the Department’s website.

(6)

The relevant date is the date specified as the relevant date in the notice published by the Secretary under subclause (4).

6BAAllocation of quota shares—second issue(1)

A person is eligible to be issued with the quota shares specified in Column 1 of the Table to this clause if the person is an eligible shareholder in relation to those shares.

(2)

A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 if, at 12 noon on 28 September 2018, the person holds shares of a class specified opposite in Column 2.

(3)

However, a person is not an eligible shareholder in relation to estuary general—pipi quota shares, cockle quota shares or ghost nipper quota shares if—

  • (a)

    the person holds an endorsement that authorises the taking of beachworm (but not pipi, cockle or ghost nipper), or

  • (b)

    the shares of a class specified in Column 2 held by the person are part of a fishing business a component of which is an endorsement that authorises the taking of beachworm (but not pipi, cockle or ghost nipper).

(4)

The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.

(5)

The determination is to be made on the basis of the allocation formula set out in Schedule 2.

Column 1

Column 2

Quota shares

Existing shares

Estuary general—pipi quota shares

Estuary general—hand gathering shares—Regions 1–7

Estuary general—cockle quota shares

Estuary general—hand gathering shares—Regions 1–7

Estuary general—ghost nipper quota shares

Estuary general—hand gathering shares—Regions 1–7

Estuary general—beachworm quota shares

Estuary general—hand gathering shares—Regions 1–7

6CIssue of quota shares(1)

The Minister is to issue quota shares to eligible shareholders in accordance with a determination under clause 6B or 6BA for each class of quota shares.

(2)

The Minister must, as soon as practicable after issuing quota shares—

  • (a)

    notify each shareholder of the number of quota shares issued to the shareholder, and

  • (b)

    give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.

6DAppeals to Share Appeal Panel(1)

A person who has been issued with quota shares of a particular class may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of that class issued to the person.

(1A)

However, a person may not appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of a particular class issued to the person if the person has transferred any of those quota shares.

Note—

A person to whom quota shares are transferred may not appeal under this clause.

(2)

When a person lodges an appeal, the quota shares issued to the person are shares that are subject to appeal.

(3)

The transfer of, or any other registrable dealing in, quota shares that are subject to appeal is not permitted.

(4)

On completion of an appeal, the Minister may cancel or issue shares in order to give effect to a decision of the Share Appeal Panel.

(5)

No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.

(6)

For the purposes of section 90 (1) (e) of the Act, shares that are subject to appeal are to be registered as such on the Share Register.

(7)

Shares cease to be subject to appeal if—

  • (a)

    the appeal to the Share Appeal Panel is withdrawn, or

  • (b)

    the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.

Note—

The Supporting Plan contains provisions relating to lodging an appeal to the Share Appeal Panel in relation to the issue of quota shares.

6ETAF Committee required to make fishing determinations(1)

The TAF Committee is required to make the following fishing determinations—

  • (a)

    a TAC determination for each of the following species of fish—

    • (i)

      mud crab (Scylla serrata),

    • (ii)

      blue swimmer crab (Portunus armatus),

    • (iii)

      longfin eel (Anguilla reinhardtii) and southern shortfin eel (Anguilla australis),

  • (b)

    a TAE determination for each of the following classes of shares—

    • (i)

      Estuary general—meshing shares—Regions 1–7,

    • (ii)

      Estuary general—category one hauling shares—Regions 1–7,

    • (iii)

      Estuary general—category two hauling shares—Regions 1–7.

(2)

A TAE determination is to specify the total number of days during a specified period in which fish may be taken in the fishery.

(3)

A fishing determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.

(4)

A fishing determination is to be made in accordance with Division 2 of Part 2A of the Act.

(5)

This clause is subject to Part 11 of this Plan.

Note—

Part 11 provides for the Secretary, and not the TAF Committee, to make the fishing determinations specified in this clause during the transition period, which commences on 6 October 2017 and ends on 30 June 2024.

6EATAC determinations required to be made(1)

A determination of the total allowable catch (a TAC determination) of each of the following species is required to be made—

  • (a)

    pipi (Donax deltoides),

  • (b)

    beachworm (Class: Polychaeta),

  • (c)

    cockle (Family: Arcidae/Veneridae),

  • (d)

    ghost nipper (Trypaea australiensis).

Note—

Under section 40C (3), the Minister may direct either the TAF Committee or the Secretary to make the fishing determinations (subject to some limitations).

(2)

A TAC determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.

6FTaking fish without quota(1)

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement authorising the taking of any of the following species of fish that the endorsement holder does not take that species in the fishery unless the endorsement holder has quota for that species—

  • (a)

    mud crab (Scylla serrata),

  • (b)

    blue swimmer crab (Portunus armatus),

  • (c)

    longfin eel (Anguilla reinhardtii) and southern shortfin eel (Anguilla australis),

  • (d)

    pipi (Donax deltoides),

  • (e)

    beachworm (Class: Polychaeta),

  • (f)

    cockle (Family: Arcidae/Veneridae),

  • (g)

    ghost nipper (Trypaea australiensis).

Note—

It is also an offence under section 40S of the Act for a shareholder to take fish, or use a fishing method, or to cause or permit an agent to do so, in contravention of the shareholder’s quota.

(2)

For the purposes of section 65 of the Act, contravention of this clause is an offence.

(3)

(Repealed)

Part 4Minimum and maximum shareholdings7Minimum shareholding—all shares other than hand gathering shares(1)

For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to a class of shares specified in the Table to this clause is the number of shares of that class specified in the Table next to the class concerned.

Note—

A person who does not hold the minimum shareholding required for a class of shares will not be eligible to be given, or to nominate another person to be given, an endorsement that authorises the taking of fish in respect of shares of that class. See section 68 (3) (b) of the Act.

(2)

The shares relied on to meet the minimum shareholding requirement must all be a component of the same estuary general fishing business.

Table

Class of shares

Minimum shareholding

Estuary general—handline shares (Region 1, 2, 3, 4, 5, 6 or 7)

375

Estuary general—meshing shares (Region 1, 2, 3, 4, 5, 6 or 7)

125

Estuary general—prawning shares (Region 1, 2, 3, 4, 6 or 7)

150

Estuary general—prawning shares (Region 5)

125

Estuary general—trapping shares (Region 1, 2, 3, 4, 5, 6 or 7)

125

Estuary general—eel trapping shares (Region 1, 2, 3, 4, 5, 6 or 7)

125

Estuary general—mud crab trapping shares (Region 1, 2, 3, 4, 5, 6 or 7)

125

Estuary general—category one hauling shares (Region 1, 2, 3, 4, 5, 6 or 7)

125

Estuary general—category two hauling shares (Region 1, 2, 3, 4, 5, 6 or 7)

125

7AMinimum shareholding—hand gathering shares(1)

For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to estuary general—hand gathering shares is, subject to subclause (2)—

  • (a)

    for estuary general—hand gathering shares (Region 1, 2, 3, 4, 6 or 7)—125 shares, or

  • (b)

    for estuary general—hand gathering shares (Region 5)—100 shares.

(2)

The minimum shareholding in relation to estuary general—hand gathering shares is 1 share, if the shareholder is an original entitlement holder.

(3)

Subclause (2) ceases to apply if the shareholder transfers, assigns, forfeits or surrenders any of the shares or if any of the shares are cancelled after 5 February 2007 (in which case subclause (1) applies to the shareholder).

(4)

For the purposes of this clause, an original entitlement holder is a person who—

  • (a)

    held estuary general—hand gathering shares immediately before 5 February 2007, and

  • (b)

    was, immediately before 5 February 2007, eligible for an endorsement in the fishery (or to nominate a person to be given an endorsement in the fishery) on the basis of that shareholding.

(5)

A person who was issued with estuary general—hand gathering shares as a consequence of a decision of the Share Appeal Panel on an appeal in relation to the issue of shares in the fishery and who would have been entitled to an endorsement in the fishery, or to nominate a person to be given an endorsement, if those shares had been issued before 5 February 2007, is taken to be an original entitlement holder for the purposes of this clause.

(6)

The shares relied on to meet the minimum shareholding requirement must all be a component of the same estuary general fishing business.

8Maximum shareholding

For the purpose of section 72 (1) of the Act, the maximum shareholding in relation to all classes of shares, other than quota shares, is 40% of the total number of shares in the fishery at the commencement of this Plan.

Part 5Endorsement conditions9Trap limits(1)

The Secretary is to determine, by instrument in writing, a trap limit for each estuary general trapping fishing business.

(2)

The trap limit for an estuary general trapping fishing business is the maximum number of crab, eel or fish traps that may be used or set at any one time in all waters, or in specified waters, by persons taking fish on behalf of the fishing business.

(3)

The Secretary is to determine the trap limit for each estuary general trapping fishing business in accordance with any guidelines approved by the Minister and published in the Gazette.

(4)

The Secretary is to notify the owner of each estuary general trapping fishing business of the trap limit for the business.

(5)

A fishing business owner who is notified of a trap limit by the Secretary under this clause must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business is notified of the trap limit.

(6)

For the purposes of section 68 (6A) of the Act, it is a condition of each of the following endorsements that the endorsement holder does not use or set, or cause to be used or set, a number of traps at any one time that exceeds the trap limit for the relevant fishing business—

  • (a)

    trapping endorsement,

  • (b)

    eel trapping endorsement,

  • (c)

    mud crab trapping endorsement.

(7)

For the purposes of section 65 of the Act, contravention of subclause (5) or (6) is an offence.

(8)

In this clause, estuary general trapping fishing business means an estuary general fishing business that has any of the following classes of shares as a component—

  • (a)

    Estuary general—trapping shares—Regions 1–7,

  • (b)

    Estuary general—eel trapping shares—Regions 1–7,

  • (c)

    Estuary general—mud crab trapping shares—Regions 1–7.

10, 11

(Repealed)

12No more than one net to be used by holders of hauling endorsement(1)

For the purposes of section 68 (6A) of the Act, it is a condition of a category one hauling endorsement that the holder of the endorsement does not use or cause to be used more than one of the nets that the holder is authorised to use in the fishery by the endorsement at any one time.

(2)

For the purposes of section 68 (6A) of the Act, it is a condition of a category two hauling endorsement that the holder of the endorsement does not use or cause to be used more than one of the nets that the holder is authorised to use in the fishery by the endorsement at any one time.

13Boat length restrictions(1)

For the Act, section 68(6A), it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery if the measured length of the boat is more than 16m (the maximum boat length).

(2)

A boat is exempt from the maximum boat length if the boat—

  • (a)

    is an exempt boat, and

  • (b)

    displays—

    • (i)

      the unique vessel identifier for the boat, or

    • (ii)

      the identifying number of the boat, in accordance with subclause (3).

(3)

The identifying number of the boat must be displayed—

  • (a)

    on both sides of the outside of the bow or wheelhouse, and

  • (b)

    following the letters “LFB”, and

  • (c)

    using letters and figures that are—

    • (i)

      clearly visible, and

    • (ii)

      in a colour that contrasts with the boat, and

    • (iii)

      at least 300mm high and 150mm wide.

(4)

In this clause—

measured length of a boat means the measured length specified in the most recent certificate of survey for the boat.

13ABoats exempt from maximum boat length(1)

A boat is exempt from the maximum boat length if, immediately before the commencement of this clause, a fishing boat licence that specified an “EG” exemption code (a relevant fishing boat licence) authorised the use of the boat for a declared commercial fishing boat activity.

(2)

A boat is exempt only if the following are provided to the Secretary within the relevant period—

  • (a)

    the name of the boat,

  • (b)

    the identifying number of the boat,

  • (c)

    the unique vessel identifier for the boat,

  • (d)

    the most recent certificate of survey for the boat.

(3)

In this clause—

relevant period means 90 days from the commencement of this clause or a longer period determined by the Secretary.

13BTransfer of entitlement to exempt boat(1)

A person who, immediately before the commencement of this clause, held a relevant fishing boat licence may transfer the entitlement to an exempt boat to another person.

(2)

The person to whom the entitlement to an exempt boat is transferred under subclause (1) may transfer the entitlement to another person.

(3)

If a person transfers an entitlement under subclause (1) or (2)—

  • (a)

    the transferee is entitled to an exempt boat as if the person was the holder of the relevant fishing boat licence, and

  • (b)

    the transferor is no longer entitled to an exempt boat.

14New and replacement exempt boats(1)

An exempt boat may not be replaced after 3 years from the commencement of this clause.

(2)

A person who has an entitlement to an exempt boat may not acquire an exempt boat after 3 years from the commencement of this clause.

(3)

The Secretary may extend the 3-year period specified in subclause (1) or (2) if the Secretary is satisfied exceptional circumstances exist.

(4)

A replacement boat is exempt from the maximum boat length if—

  • (a)

    the boat is not longer than the maximum length specified, immediately before the commencement of this clause, on the relevant fishing boat licence for the replaced boat, and

  • (b)

    the following are provided to the Secretary—

    • (i)

      the name of the boat,

    • (ii)

      the unique vessel identifier for the boat,

    • (iii)

      the most recent certificate of survey for the boat,

    • (iv)

      if the replacement boat is exempt because of the transfer of an entitlement under clause 13B—evidence that is, in the opinion of the Secretary, reasonably sufficient to demonstrate that the entitlement was transferred in accordance with that clause.

14ASorting of prawns caught in certain nets(1)

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the following steps are taken immediately after using a relevant net to take fish in the fishery—

  • (a)

    any prawns caught in the net are graded immediately after the net is retrieved,

  • (b)

    the unwanted portion of the catch is returned to the water, alive, as soon as practicable (and in any case before the cooking of the retained portion of the catch).

(2)

In this clause, a relevant net means any of the following nets—

  • (a)

    dip or scoop net (prawns),

  • (b)

    hand-hauled prawn net,

  • (c)

    prawn net (hauling),

  • (d)

    prawn net (hauling)—Manning River,

  • (e)

    prawn net (hauling)—Wallis Lake,

  • (f)

    prawn net (set pocket),

  • (g)

    prawn running net,

  • (h)

    push or scissors net (prawns),

  • (i)

    seine net (prawns),

  • (j)

    seine net (prawns)—clover leafing.

14BUse of discard chutes(1)

For the purposes of section 68 (6A) of the Act, it is a condition of a meshing endorsement that any fish taken at any time that are to be released in the period starting one hour before sunrise and ending one hour after sunset are released—

  • (a)

    using a discard chute that complies with discard chute guidelines, and

  • (b)

    in a manner that complies with the discard chute guidelines.

(2)

For the purposes of this clause, discard chute guidelines are guidelines approved by the Secretary for the purposes of this clause and published in the Gazette.

14CStorage of eels, crabs and cockles(1)

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of eel that the endorsement holder does not store any live eels taken, or possess any device used to store live eels, in, on, or adjacent to, the following waters—

  • (a)

    any freshwater river, creek, stream, lake or lagoon,

  • (b)

    waters in which commercial fishing for eel or the use of eel traps is prohibited.

(2)

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of mud crabs or blue swimmer crabs that the endorsement holder does not store any live mud crabs or blue swimmer crabs taken, or possess any device used to store live mud crabs or blue swimmer crabs, in, on, or adjacent to, any waters in which commercial fishing for mud crabs or blue swimmer crabs is prohibited.

(3)

For the purposes of section 68 (6A) of the Act, it is a condition of a hand gathering endorsement that the endorsement holder does not store any live cockles taken, or possess any device used to store live cockles, in, on, or adjacent to, any waters in which commercial fishing for cockles is prohibited.

14DUse of holding pens(1)

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of any of the following species of fish that the endorsement holder does not use a holding pen to store the fish other than in compliance with this clause—

  • (a)

    mud crab,

  • (b)

    blue swimmer crab,

  • (c)

    longfin eel and southern shortfin eel,

  • (d)

    cockle.

(2)

A holding pen may be used only if—

  • (a)

    the dimensions of the holding pen do not exceed the dimensions of a fish trap, and

  • (b)

    the holding pen is sealed (so that the fish cannot get in or out), and

  • (c)

    the position of the holding pen is indicated by a buoy that—

    • (i)

      is moored so as to be positioned above the holding pen, and

    • (ii)

      measures not less than 100 mm in all dimensions, and

    • (iii)

      has a height above the water of not less than 50 mm, and

    • (iv)

      is moored in such a way that no rope is floating on the surface of the water, and

    • (v)

      displays the relevant fishing business number followed by the letter “P”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.

Part 6Species that may be taken15Only permitted species may be taken

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take fish by use of a net, trap or line or by the method of hand picking in the fishery unless the fish taken is a permitted species for the fishery.

Note—

Size requirements for permitted species are set out in the Fisheries Management (General) Regulation 2019.

16Permitted species

For the purposes of this Plan, a permitted species of fish is a species of fish listed in the following Table.

Common name

Scientific name

Designation

Australian anchovy

Engraulis australis

Secondary species

Australian bonito

Sarda australis

Secondary species

Australian herring

Arripis georgianus

Secondary species

Eastern Australian salmon

Arripis trutta

Secondary species

Barred grunter

Amniataba percoides

Secondary species

Beachworm spp.

various (Class: POLYCHAETA)

Key secondary species

Bigeye trevally

Caranx sexfasciatus

Secondary species

Birdwire rockcod

Epinephelus merra

Secondary species

Blackspotted rockcod

Epinephelus malabaricus

Secondary species

Blue mackerel

Scomber australasicus

Secondary species

Brassy trevally

Caranx papuensis

Secondary species

Bream

  • •

    Black bream

Acanthopagrus butcheri

Secondary species

  • •

    Yellowfin bream

Acanthopagrus australis

Primary species

Catfish spp.

various (Family: ARIIDAE/PLOTOSIDAE)

Secondary species

Cockle spp.

various (Family: ARCIDAE/VENERIDAE)

Key secondary species

Common ponyfish

Leiognathus equulus

Secondary species

Crabs

  • •

    Blue swimmer crab

Portunus armatus

Key secondary species

  • •

    Mud crab

Scylla serrata

Primary species

  • •

    Sand crab spp.

various (Family: PORTUNIDAE)

Secondary species

Cuttlefish spp.

various (Family: SEPIIDAE)

Secondary species

Diamondfish

Monodactylus argenteus

Secondary species

Eastern shovelnose ray

Aptychotrema rostrata

Secondary species

Eastern wirrah

Acanthistius ocellatus

Secondary species

Eels

  • •

    Longfin eel

Anguilla reinhardtii

Primary species

  • •

    Pike eel

Muraenesox bagio

Secondary species

  • •

    Southern shortfin eel

Anguilla australis

Primary species

  • •

    Short-finned conger eel

Conger wilsoni

Secondary species

  • •

    Southern conger eel

Conger verreauxi

Secondary species

Emperor

Lethrinus spp.

Secondary species

Flathead

  • •

    Dusky flathead

Platycephalus fuscus

Primary species

  • •

    Bluespotted flathead

Platycephalus caeruleopunctatus

Secondary species

Flounder spp.

various (Family: PLEURONECTIDAE/BOTHIDAE)

Secondary species

Garfish

  • •

    Eastern sea garfish

Hyporhamphus australis

Secondary species

  • •

    River garfish

Hyporhamphus regularis

Key secondary species

  • •

    Shortbill garfish

Arrhamphus sclerolepis

Secondary species

Giant sea catfish

Netuma thalassina

Secondary species

Giant trevally

Caranx ignobilis

Secondary species

Greenback flounder

Rhombosolea tapirina

Secondary species

Gurnard spp.

various (Family: TRIGLIDAE)

Secondary species

Hairtail

Trichiurus lepturus

Secondary species

Hardyhead spp.

various (Family: ATHERINIDAE)

Secondary species

Hawaiian giant herring

Elops hawaiensis

Secondary species

John dory

Zeus faber

Secondary species

Leatherjacket spp.

various (Family: MONACANTHIDAE)

Secondary species

Longtom spp.

various (Family: BELONIDAE)

Secondary species

Luderick

Girella tricuspidata

Primary species

Mackerel tuna

Euthynnus affinis

Secondary species

Mangrove jack

Lutjanus argentimaculatus

Secondary species

Mantis shrimp spp.

various (Family: SQUILLIDAE)

Secondary species

Moses snapper

Lutjanus russellii

Secondary species

Mullet

  • •

    Flat-tail mullet

Liza argentea

Key secondary species

  • •

    Pink-eye mullet

Myxus petardi

Secondary species

  • •

    Red mullet

Upeneichthys lineatus

Secondary species

  • •

    Sand mullet

Myxus elongatus

Secondary species

  • •

    Sea mullet

Mugil cephalus

Primary species

Mulloway

Argyrosomus japonicus

Key secondary species

Mussel spp.

various (Family: MYTILIDAE)

Secondary species

Nipper spp.

Callianassa spp.

Secondary species

Octopus spp.

various (Family: OCTOPODIDAE)

Secondary species

Old maid

Scatophagus multifasciatus

Secondary species

Oxeye herring

Megalops cyprinoides

Secondary species

Painted sweetlips

Diagramma pictum

Secondary species

Pike spp.

Sphyraena spp.

Secondary species

Australian sardine

Sardinops sagax

Secondary species

Pipi

Donax deltoides

Primary species

Prawns

  • •

    Eastern king prawn

Melicertus plebejus

Primary species

  • •

    Greasyback prawn

Metapenaeus bennettae

Key secondary species

  • •

    Eastern school prawn

Metapenaeus macleayi

Primary species

  • •

    Tiger prawn

Penaeus esculentus

Secondary species

Queenfishes

Scomberoides spp.

Secondary species

Red morwong

Cheilodactylus fuscus

Secondary species

Redthroat emperor

Lethrinus miniatus

Secondary species

Saucer scallop

Amusium spp.

Secondary species

Scallop

Pecten fumatus

Secondary species

Shell spp.

various (Class: GASTROPODA/PELECYPODA)

Secondary species

Silver biddy

Gerres subfasciatus

Key secondary species

Snapper

Chrysophrys auratus

Secondary species

Sole spp.

various (Family: SOLEIDAE)

Secondary species

Squid spp.

various (Class: CEPHALOPODA)

Secondary species

Stargazers

various (Family: URANOSCOPIDAE)

Secondary species

Stingray/stingaree spp.

various (Family: DASYATIDAE/UROLOPHIDAE)

Secondary species

Striped grunter spp.

Pelates spp.

Secondary species

Silver sweep

Scorpis lineolata

Secondary species

Sweetlips

Haemulidae except Pomadasys spp.

Secondary species

Tailor

Pomatomus saltatrix

Secondary species

Tarwhine

Rhabdosargus sarba

Secondary species

Trevally

  • •

    Black trevally

Siganus nebulosus

Secondary species

  • •

    Golden trevally

Gnathanodon speciosus

Secondary species

  • •

    Silver trevally

Pseudocaranx georgianus

Secondary species

Whaler shark spp.

Carcharhinus spp.

Secondary species

Whitebait spp.

various (Family: CLUPEIDAE/GALAXIIDAE)

Secondary species

Whiting

  • •

    Sand whiting

Sillago ciliata

Primary species

  • •

    School whiting

Sillago bassensis

Secondary species

  • •

    Trumpeter whiting

Sillago maculata

Key secondary species

Yellowtail scad

Trachurus novaezelandiae

Secondary species

Yellowtail kingfish

Seriola lalandi

Secondary species

Part 6ARestrictions on areas of operation16AOther restrictions on areas of operation

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in column 1 of Schedule 1 are waters in which the class of commercial fishing that consists of the taking of fish of a species specified in column 2 of that Schedule by a method specified in column 3 of that Schedule (next to the species concerned) is prohibited during the period or periods specified in column 4 of that Schedule.

Part 7Fishing gearNote—

Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).

Division 1Use of fishing gear16BUse of nets to assist commercial fishers to take fish

It is lawful for a person to assist an endorsement holder in the operation of a net in accordance with this Division and Part 8.

17Hauling net (general purpose)(1)

It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking a permitted species of fish in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

  • (a)

    the net is used only by the method of hauling,

  • (b)

    the net has a bunt,

  • (c), (d)

    (Repealed)

  • (e)

    except as provided by paragraph (f), the length of each hauling line attached to the net does not exceed the total length of the net to which it is attached,

  • (f)

    the length of each hauling line attached to the net does not exceed—

    • (i)

      725 metres in length in the waters of that part of Wallaga Lake extending upwards from the bridge and embankment on the Narooma–Bermagui Road, the Broadwater of the Clarence River, that part of Lake Cathie (Lake Innes) known as Lake Innes, Smiths Lake, those parts of Myall Lakes (Myall River) known as Myall Lake and the Broadwater of Myall Lakes and Lake Illawarra, or

    • (ii)

      1,000 metres in length in the waters of Tuggerah Lakes and Wallis Lake (excluding Wallamba, Wallingat, Coolongolook and Wang Wauk Rivers),

  • (g)

    (Repealed)

  • (h)

    the hauling of the net once commenced (that is, when any part of the net other than the hauling line has been shot or cast) is continued without any interruption or delay until completed, unless the delay or interruption, including the redirection or relaying of a hauling line, is required for the safe operation of the net,

  • (i)

    any fish contained in any part of the net are removed on or before completion of the haul,

  • (j)

    the net is not used for taking garfish,

  • (k)

    the net is operated with the assistance of at least 1 other person,

  • (l)

    in the case of a net of 500 metres or less in length used in the waters specified in item 1 or 2 of the Table to this clause under the authority of a category one hauling endorsement—

    • (i)

      the net is hauled no more than once between midnight on one day and midnight on the immediately following day, and

    • (ii)

      no more than one net of 500 metres or less in length is used by the holder of the endorsement during that period.

(2)

(Repealed)

(3)

For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a hauling net (general purpose) or a hauling net (general purpose)—estuary general fishery.

1

  • (a)

    Waters—Tuggerah Lakes; Wallis Lake (excluding Wallamba, Wallingat, Coolongolook and Wang Wauk Rivers).

  • (b)

    Description of net—

  • •
    • (i)

      total length not more than 500m, and

  • •
    • (ii)

      total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and

  • •
    • (iii)

      mesh of bunt not less than 30mm, and

  • •
    • (iv)

      mesh of remainder, or shoulders, of bunt not less than 57mm, and

  • •
    • (v)

      mesh of wings not less than 80mm.

2

  • (a)

    Waters—The part of Wallaga Lake extending upwards from the bridge and embankment on Bermagui Road; the part of Clarence River known as the Broadwater of the Clarence River; the part of Lake Cathie (Lake Innes) known as Lake Innes; Smiths Lake; the parts of Myall Lakes known as Myall Lake and the Broadwater of Myall Lakes; Lake Illawarra.

  • (b)

    Description of net—

  • •
    • (i)

      total length not more than 500m, and

  • •
    • (ii)

      total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and

  • •
    • (iii)

      mesh of bunt not less than 30mm, and

  • •
    • (iv)

      mesh of remainder, or shoulders, of bunt not less than 57mm, and

  • •
    • (v)

      mesh of wings not less than 80mm.

3

  • (a)

    Waters—The parts of the Tweed River known as Terranora Broadwater and Cobaki Broadwater; Clarence River; Lake Wollumboola; Coila Lake; Murrah Lake; Wapengo Lake; Curalo Lake.

  • (b)

    Description of net—

  • •
    • (i)

      total length not more than 450m, and

  • •
    • (ii)

      total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and

  • •
    • (iii)

      mesh of bunt not less than 30mm, and

  • •
    • (iv)

      mesh of remainder, or shoulders, of bunt not less than 57mm, and

  • •
    • (v)

      mesh of wings not less than 80mm.

4

  • (a)

    Waters—All other waters specified in clause 4, Table.

  • (b)

    Description of net—

  • •
    • (i)

      total length not more than 375m, and

  • •
    • (ii)

      total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and

  • •
    • (iii)

      mesh of bunt not less than 30mm, and

  • •
    • (iv)

      mesh of remainder, or shoulders, of bunt not less than 57mm, and

  • •
    • (v)

      mesh of wings not less than 80mm.

18Trumpeter whiting net (hauling)(1)

It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking trumpeter whiting in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

  • (a)

    (Repealed)

  • (b)

    the net is used only by the method of hauling, that is, by casting and shooting the net and picking up and landing the whole of the net, including both hauling lines, without delay or interruption, or in the following manner—

    • (i)

      the net and hauling lines attached to both ends of the net must be completely cast or shot from a boat,

    • (ii)

      the net and hauling lines may be towed to the point of landing if the distance of the tow does not exceed the difference between the length of the hauling lines and 225 metres,

  • (c)

    any fish contained in a part of the net are immediately removed from the net on completion of the haul, or on removal of that part of the net from the water, whichever occurs first.

(2)

(Repealed)

(3)

For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a trumpeter whiting net (hauling).

1

  • (a)

    Waters—That part of Port Stephens (Karuah River) east of a line drawn (along the eastern and southern side of the Pindimar sanctuary zone and the eastern side of the Soldiers Point habitat protection zone of Port Stephens—Great Lakes Marine Park) from the mean high water mark nearest to 32°41.252′S, 152°04.970′E, due south to the starboard navigation marker No 129 at or about 32°41.421′S, 152°04.970′E, then due south to 32°41.682′S, 152°04.970′E, then due west to 32°41.682′S, 152°04.327′E, then due south to the mean high water mark at Kangaroo Point nearest to 32°42.423′S, 152°04.327′E, and west of a line drawn from the south eastern extremity of Orungall Point south east to the starboard navigation marker No 062 at or about 32°41.143′S, 152°07.203′E, then (along the western edge of the Corrie Island Sanctuary Zone and the Dutchman’s beach habitat protection zone of Port Stephens–Great Lakes Marine Park), generally south to the starboard navigation marker No 064 at or about 32°41.736′S, 152°07.374′E, then generally south south east to starboard navigation marker No 015 at or about 32°42.273′S, 152°07.556′E, then south south east to the mean high water mark on the western side of Redpatch Point at or about 32°43.207′S, 152°07.786′E.

  • (b)

    Description of net—Total length not exceeding 275 metres; mesh of wings not less than 50 mm nor more than 65 mm, having a depth of not more than 50 meshes, length of bunt not exceeding 50 metres of mesh not less than 30 mm nor more than 40 mm; length of each hauling line not less than 100 metres nor more than 225 metres.

19Garfish net (bullringing)(1)

It is lawful for the holder of a category one or category two hauling endorsement to use a net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

  • (a)

    the net is used only between 1 February and 30 November in any year,

  • (b)

    the net is used only by the method of bullringing (that is, casting the net in a circle, then retrieving the net to the boat, both of which are to be completed as a continuous operation),

  • (c)

    the length of any hauling line attached to the net does not exceed 25 metres.

(2)

It is also lawful to use a net to take other permitted species of fish, other than a prohibited size class of fish, taken by the net when it is being lawfully used to take garfish.

(3)

For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (bullringing).

1

  • (a)

    Waters—Clarence River.

  • (b)

    Description of net—Total length not exceeding 375 metres; mesh throughout not less than 28 mm nor more than 45 mm.

2

  • (a)

    Waters—Tuggerah Lakes.

  • (b)

    Description of net—Total length not exceeding 550 metres; mesh throughout not less than 28 mm nor more than 45 mm.

3

  • (a)

    Waters—All other waters specified in the Table to clause 4.

  • (b)

    Description of net—Total length not exceeding 275 metres; mesh throughout not less than 28 mm nor more than 45 mm.

20Garfish net (hauling)(1)

It is lawful for the holder of a category one or category two hauling endorsement to use a hauling net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

  • (a)

    the net is used only by the method of hauling,

  • (b)

    the net is deployed from, and hauled to, a beach.

(2)

It is also lawful to use a hauling net for taking any other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking garfish.

(3)

(Repealed)

(4)

For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (hauling) or as a garfish net (hauling)—estuary general fishery.

1

  • (a)

    Waters—That part of the Hawkesbury River known as Broken Bay from its confluence with the South Pacific Ocean upstream to a line drawn from Little Box Head to Green Point, a line from the most easterly extremity of Middle Head to the most northerly extremity of West Head and a line northeasterly from Soldiers Point to Sand Point; that part of Port Stephens east of a line northerly from Corlett Point to Orungall Point (excluding those parts which include Wobbegong Bay, Wobbegong Creek, Pindimar Bay, Corrie Creek, Paddy Marr’s Bay and Myall River and its tributaries), generally north and northeast of a line from Orungall Point to a point being the south-western corner of Oyster Farm No 83–361, and a line from the last mentioned point to Myall Point.

  • (b)

    Description of net—Mesh of not less than 28 mm nor more than 36 mm; total length not exceeding 300 metres.

21Prawn net (hauling)(1)

It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

  • (a)

    the net is used only by the method of hauling,

  • (b)

    the net is not set or staked at any time,

  • (c)

    the net is landed on the tray of a boat or in sufficient depth of water to enable prohibited size class of fish that are taken in the net to escape,

  • (d)

    there is no seine net (prawns) on the boat from which the net is used,

  • (e)

    there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).

(2)

A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—

  • (a)

    method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

  • (b)

    method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

  • (c)

    method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)

A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(4)

It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a prawn net (hauling) if the try net complies with the following description—

  • •

    The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.

(5)

It is also lawful to use a hauling net to take other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(6)

For the purposes of this Plan or any other instrument under the Act, a net described—

  • (a)

    in subclause (1) or in the Table to this clause may be referred to as a prawn net (hauling), and

  • (b)

    in subclause (4) may be referred to as a try net (prawns).

1

  • (a)

    Waters—Tuggerah Lakes.

  • (b)

    Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres.

2

  • (a)

    Waters—Lake Illawarra.

  • (b)

    Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.

3

  • (a)

    Waters—Shoalhaven River.

  • (b)

    Description of net—Total length not exceeding 90 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.

4

  • (a)

    Waters—Myall Lakes (Myall River) and Smiths Lake.

  • (b)

    Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.

5

  • (a)

    Waters—That part of Wallis Lake included within the following boundaries: commencing at a post marked “FD” situated at the high water mark of Pipers Bay (the post being located by a line bearing 186 degrees from an electricity pole numbered 14808, situated at the eastern end of Pipers Bay Drive, Forster), then bounded by a line bearing 217 degrees to a second post marked “FD” situated at the high water mark on the southern side of Big Island, then to a third post marked “FD” situated at the high water mark of Wallis Island, bearing 245 degrees from the second post, then southerly, westerly and northerly along the high water mark of Wallis Island to a jetty located on the western side of Wallis Island, then westerly along the length of the jetty to its end, then to a fourth post marked “FD”, situated at the high water mark on the foreshore of Coomba Park, bearing 246 degrees and 30 minutes from the end of the jetty, then generally southerly, easterly and northerly along the high water mark of Wallis Lake to the point of commencement.

  • (b)

    Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres.

6

  • (a)

    Waters—Coila Lake and Wallaga Lake.

  • (b)

    Description of net—Total length not exceeding 75 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.

7

  • (a)

    Waters—Tweed River.

  • (b)

    Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.

8

  • (a)

    Waters—All other waters specified in the Table to clause 4 (except the waters of the Manning River and Wallis Lake).

  • (b)

    Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.

22Prawn net (hauling): Manning River(1)

It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the Manning River upstream from Ghinni Ghinni Creek and Berady Creek if the net (including hauling lines) complies with the description set out in subclause (2) and the conditions set out in this clause are complied with.

(2)

The net must comply with the following description—

  • (a)

    the total length of the net must not exceed 40 metres,

  • (b)

    the mesh of the body of the net (or that part of the net not capable of being used as a codend) must not be less than 30 mm nor more than 36 mm,

  • (c)

    the codend of the net, or that part of the net capable of being used as a codend, must have a length of not less than 2 metres and a circumference of not less than 1 metre nor more than 1.6 metres,

  • (d)

    the mesh of the codend of the net, or that part of the net capable of being used as a codend, must be not less than 27 mm nor more than 32 mm, and be constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped,

  • (e)

    there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (3) and (4),

  • (f)

    the body of the net must have no attachments except spreader poles and hauling lines,

  • (g)

    the hauling line run on the first leg to the net must not be longer than 220 metres,

  • (h)

    the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 90 metres, and not be shorter than 60 metres,

  • (i)

    a marker buoy with a diameter of not less than 100 mm must be fixed to the hauling line at intervals of 55 metres.

(3)

A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—

  • (a)

    method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

  • (b)

    method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

  • (c)

    method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(4)

A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(5)

The net must be used only by the method of hauling, and must not be set or staked at any time.

(6)

The net must be shot and hauled as follows—

  • (a)

    one end of the hauling line run on the first leg (first rope shot) to the net must be attached to a stationary boat that—

    • (i)

      does not have a motor on or in it, and

    • (ii)

      does not contain any rope other than the mooring line, the anchor line and a maximum of 220 metres of hauling line, and

    • (iii)

      is secured by an anchor (with the length of the anchor line not exceeding 50 metres) in such a position that both the boat and the anchor are at least 10 metres from the water’s edge (regardless of the tide) during the entire hauling operation,

  • (b)

    the line must then be cast (or laid out) from a motor boat, and the net then shot,

  • (c)

    the second hauling line must then be cast (or laid out) from the motor boat as the boat moves in a circular path so as to return to a landing-up point near the shore end of the first hauling line,

  • (d)

    the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),

  • (e)

    the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else which would effectively shorten it,

  • (f)

    once the shooting of the first hauling line of the net has commenced, the two hauling lines of the net must not be shortened or manipulated in any way so as to alter the shape of the haul (other than as a necessary part of the process of landing the net),

  • (g)

    once any part of the net other than the hauling line has been shot or cast, the shooting and hauling operation is to be continued without interruption or delay until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish in the net to escape.

(7), (8)

(Repealed)

(9)

The entire hauling operation must take place at least 10 metres from the water’s edge (regardless of the tide).

(10)

The hauling lines must not be towed by more than one boat at any stage in the hauling operation.

(11)

A crew that uses a net must not operate more than one mechanically powered boat in the Manning River.

(12)

A crew that uses a net must not operate a mechanically powered boat within 50 metres of another endorsement holder who is taking prawns from the Manning River, except as provided by subclause (13).

(13)

A crew may operate a mechanically powered boat within 50 metres of another crew that is taking prawns from the Dawson River for the purpose of passing the other crew. The crew passing must pass the other crew as quickly as possible and must not assist the other crew.

(14)

For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Manning River.

23Prawn net (hauling): Wallis Lake(1)

It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

  • (a)

    the net is used only by the method of hauling,

  • (b)

    there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).

(2)

A draw or closing string and a secondary string may be attached in accordance with one of the following methods—

  • (a)

    method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

  • (b)

    method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

  • (c)

    method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)

A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(4)

The body of the net must have no attachments except spreader poles and hauling lines.

(5)

The net must be shot and hauled as follows—

  • (a)

    the end of the hauling line first shot (or laid out) must be attached to a stationary boat that is secured by an anchor or post during the entire haul operation,

  • (b)

    the line must then be shot (or laid out) from a motor boat, and the net then shot,

  • (c)

    the second hauling line must then be shot (or laid out) from the motor boat as the boat moves in a circular path so as to return to the stationary boat from where the first hauling line was shot,

  • (d)

    the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),

  • (e)

    the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else that would effectively shorten it,

  • (f)

    once the shooting and hauling of the net have commenced, the operation must continue until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish taken in the net to escape,

  • (g)

    once any prohibited size class of fish have been allowed to escape, the net must be fully removed from the water.

(6)

There must be no motor in or on the boat from which the net is operated, and the boat must not contain any rope other than the mooring line and a maximum of 200 metres of hauling rope.

(7), (8)

(Repealed)

(9)

For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Wallis Lake.

1

  • (a)

    Waters—Those parts of Wallis Lake known as Coolongolook and Wallingat Rivers upstream from a line across the river from a post marked FD8 due north of the eastern extremity of Junction Point, then due south to Junction Point, then generally south by the western foreshore of the Wallingat River to a post marked FD9, then extending across the Wallingat River on a bearing of 87 degrees to a jetty situated on the north-western foreshore of Lot 1, DP 589944.

  • (b)

    Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres.

2

  • (a)

    Waters—That part of Wallis Lake known as the Wallamba River from a line drawn from the northern foreshore of the entrance of Muddy Creek to the eastern extremity of Hardy’s Point upstream to the Pacific Highway Road Bridge at Nabiac.

  • (b)

    Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres.

24Prawn net (set pocket)(1)

It is lawful for the holder of a prawning endorsement to use a prawn net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions (in addition to those in subclause (3), if applicable) are complied with—

Any species of fish.

Any method involving the use of a hauling net (general purpose) when aided by a power winch.

All year.

Pittwater—Meshing Nets

The whole of the waters of that part of Pittwater, its creeks, tributaries and inlets, enclosed by a line drawn from the western extremity of Barrenjoey Head, to the eastern extremity of West Head, upstream (south) to a line drawn from the western-most extremity of Taylor’s Point to the southern-most extremity of Longnose Point.

Any species of fish.

Any method involving the use of a meshing net.

The period from January to June (both months inclusive) in each year.

Pittwater (Coasters Retreat and The Basin)—Nets

The whole of the waters of Pittwater known as Coasters Retreat and The Basin, enclosed by a line drawn on a bearing of 292 degrees, from a wharf (known as Bennetts Wharf) located approximately 400 metres south-west of Soldiers Point, to a small prolongation of the foreshore at the southern end of Top Beach.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    a landing net.

All year.

Hawkesbury River—Brisbane Water/Broken Bay

The whole of the waters of Brisbane Water or any of its tributaries and Broken Bay north of a line drawn from Little Box Head to Green Point.

Any species of fish.

Any method involving the use of a net or a trap, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Hawkesbury River (Patonga Creek)—Weekend Netting

The whole of the waters of Patonga Creek, its creeks, tributaries and inlets, upstream of its confluence with the Hawkesbury River, being a line drawn north-easterly from the easternmost foreshore corner of Oyster Farm no. 59-30 (section 2), on the western foreshore, to the southernmost extremity of the reserve on the opposite foreshore.

Any species of fish.

Any method involving the use of a net (other than a landing net).

The period from 12pm Friday to 6pm Sunday in each week.

Hawkesbury River (Patonga Creek)—Meshing Net and Hauling Nets

The whole of the waters of Patonga Creek, its creeks, tributaries and inlets, upstream of its confluence with the Hawkesbury River, being a line drawn north-easterly from the easternmost foreshore corner of Oyster Farm no. 59-30 (section 2), on the western foreshore, to the southernmost extremity of the reserve on the opposite foreshore.

Any species of fish.

Any method involving the use of the following—

  • (a)

    a meshing net,

  • (b)

    a hauling net (general purpose),

  • (c)

    a prawn net (hauling),

  • (d)

    a hand-hauled prawn net,

  • (e)

    a pilchard, anchovy and bait net (hauling),

  • (f)

    a garfish net (bullringing).

All year.

Hawkesbury River (Mooney Mooney Creek)—Weekend Netting

The whole of the waters of Mooney Mooney Creek, its creeks, tributaries and inlets upstream to its source from the Pacific Highway bridge.

Any species of fish.

Any method involving the use of a net (other than a landing net).

The period from 6pm Friday to 6pm Sunday in each week, or 6pm Friday to 6pm the following Monday if Monday is a public holiday.

Hawkesbury River (Mooney Mooney Creek)—Set Meshing Net

The whole of the waters of Mooney Mooney Creek upstream from a line drawn across Mooney Mooney Creek due west from the most north-west point of land on the southern entry to Piles Creek, to the opposite shore (including Piles Creek).

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August in each year (both dates inclusive).

Hawkesbury River (Cowan Creek and Jerusalem Bay)—Nets

The whole of the waters of Cowan Creek, its creeks, tributaries and inlets (including Jerusalem Bay), upstream to its source from a line drawn generally north from Cowan Point, to the eastern extremity of the headland on the opposite side of the creek.

Any species of fish.

Any method involving the use of a net (other than a landing net).

All year.

Hawkesbury River (Berowra Creek)—Set Meshing Net

The whole of the waters of Berowra Creek upstream from the Berowra Waters vehicular ferry.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August in each year (both dates inclusive).

Hawkesbury River (Berowra Creek)—Weekend Netting

The whole of the waters of Berowra Creek (also known as Berowra Waters), its creeks, tributaries and inlets, upstream (south) of a line drawn from the most north-eastern extremity of the southern entry of Marra Marra Creek, to the most south-western extremity of Morgans Point.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    a landing net.

  • (e)

    (Repealed)

The period from 6pm Friday to 6pm Sunday in each week, or 6pm Friday to 6pm the following Monday if Monday is a public holiday.

Hawkesbury River (Mangrove Creek)—Set Meshing Net

The whole of the waters of Mangrove Creek upstream from a line drawn across Mangrove Creek due west from the most north-western corner of portion 84 on the southern entry of Popran Creek, to the opposite shore.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August in each year (both dates inclusive).

Hawkesbury River (Upper Reaches)—Prawn Net (Hauling)

The whole of the waters of the Hawkesbury River, its creeks, tributaries and inlets, upstream to its source from the vehicular ferry crossing at Wisemans Ferry.

Any species of fish.

Any method involving the use of a prawn net (hauling).

All year.

Hawkesbury River (Upper Reaches)—Set Meshing Net

The whole of the waters of the Hawkesbury River and its tributaries upstream of a line drawn across the river from the most northerly point of portion 29 at the head of Sentry Box Reach, to the opposite shore adjacent to the starboard hand navigation marker.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August in each year (both dates inclusive).

Hawkesbury River (Upper Reaches)—Nets

The whole of the waters of the Hawkesbury River, its creeks, tributaries and inlets, upstream to its source from the road bridge at Windsor.

Any species of fish.

Any method involving the use of a net (other than a landing net).

All year.

Port Hacking—Nets and Traps

The whole of the waters of Port Hacking or its tributaries to the westward of a line drawn southerly from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point.

Any species of fish.

Any method involving the use of a net or a trap, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Port Hacking—Gunnamatta Bay

The whole of the waters of that part of Port Hacking being Gunnamatta Bay, together with all the creeks, tributaries and inlets of that part north of a line extending north easterly from the southernmost extremity of Burrameer (Burraneer) Point to the southernmost extremity of Hungry Point.

All species of the following—

  • (a)

    worms (Class: POLYCHAETA),

  • (b)

    nippers (Family: CALLIANASSIDAE),

  • (c)

    shellfish (Class: GASTROPODA/BIVALVIA).

Any method.

All year.

Port Hacking—Simpson’s Bay Beach to Costens Point

The whole of the foreshore of Port Hacking from the east end of Simpson’s Bay Beach generally west to the most northern end of Costens Point (including the foreshore extending from the mean high water mark, to 100 metres horizontally seaward from the mean low water mark).

All species of shellfish (Class: GASTROPODA/BIVALVIA).

Any method.

All year.

Spring Creek

The whole of the waters of Spring Creek and its tributaries upstream from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of the following—

  • (a)

    a hauling net (general purpose),

  • (b)

    a garfish net (bullringing),

  • (c)

    a meshing net.

All year.

Towradgi Creek

The whole of the waters of Towradgi Creek and its tributaries upstream from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of the following—

  • (a)

    a hauling net (general purpose),

  • (b)

    a garfish net (bullringing),

  • (c)

    a meshing net.

All year.

Lake Illawarra

The whole of the waters of that part of the entrance to Lake Illawarra from the confluence of Lake Illawarra and the South Pacific Ocean upstream to a line drawn from the north-western corner of portion 44 in the parish of Wollongong; then by lines bearing 291 degrees 30 minutes 333 metres 228 degrees 57 minutes 174 metres and 191 degrees 30 minutes 718 metres, respectively, to a post marked broad-arrow over FD on the north-western shore of Bevan’s Island; then by that shore of that island bearing generally south-westerly, in all about 233 metres to a point marked broad-arrow over FD at the westernmost extremity of that island, and then by a line bearing approximately 205 degrees about 565 metres to a peg marked broad-arrow over E on the southern shore of Lake Illawarra.

Any species of fish.

Any method involving the use of a net or a trap, other than the following—

  • (a)

    a prawn net (set pocket),

  • (b)

    a landing net,

  • (c)

    a dip or scoop net (prawns).

All year.

Lake Illawarra—Weekend Netting

The whole of the waters of that part of Lake Illawarra its creeks and tributaries upstream of a line drawn from the north-western corner of portion 44 in the parish of Wollongong; then by lines bearing 291 degrees 30 minutes 333 metres 228 degrees 57 minutes 174 metres and 191 degrees 30 minutes 718 metres, respectively, to a post marked broad-arrow over FD on the north-western shore of Bevans Island, then by that shore of that island bearing generally south-westerly, in all about 233 metres to a point marked broad-arrow over FD at the westernmost extremity of that island, and then by a line bearing approximately 205 degrees about 565 metres to a peg marked broad-arrow over E on the southern shore of Lake Illawarra.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a prawn running net,

  • (b)

    a dip or scoop net (prawns),

  • (c)

    a push or scissors net (prawns),

  • (d)

    a hand-hauled prawn net,

  • (e)

    a landing net.

During the period from May to August in each year (both months inclusive): from 8am Saturday to 5pm Sunday, and from 8am to 5pm on each public holiday.

During the period from September in any year to April in the next year (both months inclusive): from 8am Saturday to 6pm Sunday, and from 8am to 6pm on each public holiday.

Lake Illawarra—Set Meshing Net

The whole of the waters of Lake Illawarra, together with its creeks and tributaries, from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from October in any year to March in the next year (both months inclusive).

Lake Illawarra—Hauling Nets

The whole of the waters of Lake Illawarra, together with its creeks and tributaries, from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of a hauling net (general purpose).

The period from December in any year to February in the next year (both months inclusive).

Lake Illawarra (Bevans Island)—Set Meshing Net

The whole of the waters of Lake Illawarra within the following boundaries; commencing at a point on a line bearing 291 degrees 30 minutes and distant 78.2m from the north-western corner of portion 44 (parish of Wollongong) and bounded then by lines bearing—

  • •

    291°30′, 365.8m

  • •

    228°57′, 174.7m

  • •

    191°30′, 365.8m

  • •

    281°30′, 274.3m

  • •

    11°30′, 458.8m

  • •

    48°57′, 434.2m

  • •

    111°30′, 532.4m

and then 201°30′, 274.3m to the point of commencement.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

All year.

Lake Illawarra (Mullet Creek)—Nets

The whole of the waters of Mullet Creek, together with its creeks and tributaries, from its confluence with Lake Illawarra upstream to its source.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a meshing net,

  • (b)

    a landing net.

All year.

Macquarie Rivulet

The whole of the waters of Macquarie Rivulet, together with its creeks, inlets and tributaries, from its confluence with Lake Illawarra upstream to its source.

Any species of fish.

Any method, other than the following—

  • (a)

    a hand held line,

  • (b)

    a landing net.

All year.

Minnamurra River

The whole of the waters of Minnamurra River, its creeks and tributaries from its source downwards to the South Pacific Ocean.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Werri Lagoon

The whole of the waters of Werri Lagoon, its bays and tributaries from its source to the South Pacific Ocean.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a hand-hauled prawn net,

  • (c)

    a landing net.

All year.

Crooked River

The whole of the waters of the Crooked River and its tributaries from its source downwards to the South Pacific Ocean.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    a landing net.

All year.

Currambene Creek—Lady Denman Heritage Complex

The waters comprised in Lady Denman Heritage Complex Fish Enclosure in the Currambene Creek (Crown Lands reserve number R96376; Shoalhaven City Council reserve number BHU603).

Any species of fish.

Any method.

All year.

Shoalhaven River—Weekend Netting

The whole of the waters of the Shoalhaven River including its creeks, tributaries and inlets, from its confluence with the Crookhaven River upstream to its source.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a prawn net (hauling),

  • (b)

    (Repealed)

  • (c)

    a dip or scoop net (prawns),

  • (d)

    a push or scissors net (prawns),

  • (e)

    a hand-hauled prawn net,

  • (f)

    a landing net.

The period from May to August (both months inclusive): 8am Saturday to 5pm Sunday in each week, and 8am to 5pm on any weekday that is a public holiday.

The period from September to April in the following year (both months inclusive): 8am Saturday to 6pm Sunday in each week, and 8am to 6pm on any weekday that is a public holiday.

Shoalhaven River Entrance—Nets

The whole of the waters of that part of the Shoalhaven River from its confluence with the South Pacific Ocean upstream to a line drawn on a bearing of 134 degrees from the western foreshore boundary of Lot 3, DP 14678 to a post on the southern bank of the river.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    (Repealed)

  • (b)

    a dip or scoop net (prawns),

  • (c)

    a push or scissors net (prawns),

  • (d)

    a hand-hauled prawn net,

  • (e)

    a landing net.

All year.

Shoalhaven River—Set Meshing Net

The whole of the waters of the Shoalhaven River together with its bays, inlets and tributaries, from the Princes Highway road bridge upstream to the confluence with Calymea Creek (excluding Calymea Creek).

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation), or unless the net is set for a period of no more than 3 hours.

The period from June to September (both months inclusive) in each year.

Shoalhaven River (Broughton Creek)—Set Meshing Net

The whole of the waters of Broughton Creek and its tributaries, upstream of Black Forest Bridge (Bolong Road).

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August in each year (both dates inclusive).

Shoalhaven River (Calymea Creek)—Set Meshing Net

The whole of the waters of that part of the Shoalhaven River and its tributaries, upstream from a line drawn across the river at Calymea Creek (including Calymea Creek).

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August in each year (both dates inclusive).

Crookhaven River—Weekend Netting

The whole of the waters of the Crookhaven River including its creeks, tributaries and inlets, from its confluence with the South Pacific Ocean upstream to its source.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a prawn net (hauling),

  • (b)

    (Repealed)

  • (c)

    a dip or scoop net (prawns),

  • (d)

    a push or scissors net (prawns),

  • (e)

    a hand-hauled prawn net,

  • (f)

    a landing net.

The period from May to August (both months inclusive): 8am Saturday to 5pm Sunday in each week, and 8am to 5pm on any weekday that is a public holiday.

The period from September to April in the following year (both months inclusive): 8am Saturday to 6pm Sunday in each week, and 8am to 6pm on any weekday that is a public holiday.

Crookhaven River Entrance—Traps and Set Meshing Nets

The whole of the waters of the Crookhaven River from its confluence with the South Pacific Ocean upstream to a line drawn from the western extremity of Orient Point, generally north-easterly to the south-eastern extremity of Haven Island, then generally easterly to the western extremity of the training wall of Comerong Island.

Any species of fish.

Any method involving the use of the following—

  • (a)

    a trap,

  • (b)

    a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

All year.

Lake Wollumboola—Prawn Running Net

The whole of the waters of Lake Wollumboola north-east of a line drawn from a point on the southern shore of the Lake, marked by an electricity power pole, bearing 349 degrees to a point on the northern shore of the Lake marked by an electricity power pole.

Any species of fish.

Any method involving the use of a prawn running net.

All year.

Swan Lake—Nets

The whole of the waters of Swan Lake bounded by a line commencing at a post marked “FD” on the eastern foreshore of Swan Lake at the intersection of the western prolongation of the southern boundary of portion 54 with the high water mark, then by a line bearing due west for 91m, then by a northerly line to a point 91m due west of a post marked “FD” on the said foreshore at the intersection of the western prolongation of the northern boundary of portion 56, then by a line easterly to that post, and then generally southerly by the high-water mark to the point of commencement.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Swan Lake—Prawn Running Net

The whole of the waters of Swan Lake south of a line drawn from the south-western corner of the Swan Lake Ski Club ramp to the south-eastern corner of the launching ramp at Harvey’s Holiday Cabins and Camping (Cudmirrah).

Any species of fish.

Any method involving the use of a prawn running net.

All year.

Canal Lagoon or Berrara Creek—Nets

The whole of the waters of Canal Lagoon or Berrara Creek from their confluence with the South Pacific Ocean upstream to their source.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    a landing net.

All year.

Nerrindillah Creek

The whole of the waters of Nerrindillah Creek and its tributaries upstream from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of the following—

  • (a)

    a hauling net (general purpose),

  • (b)

    a garfish net (bullringing),

  • (c)

    a meshing net.

All year.

Willinga Lake—Nets

The whole of the waters of Willinga Lake (including its entrance) together with all its creeks, inlets and bays.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Moruya River—Weekend Netting

All of the waters of the Moruya River and its tributaries, from a line drawn between the eastern extremities of the northern and southern breakwaters at the entrance to the river, upstream to its source.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    (Repealed)

  • (e)

    a landing net.

During the period from November in any year to February in the next year (both months inclusive): from 6am Saturday to 8pm Sunday, or to 6pm Monday if Monday is a public holiday.

During the period from March to October in each year (both months inclusive): from 6am Saturday to 6pm Sunday, or to 6pm Monday if Monday is a public holiday.

On any weekday (other than a Monday) that is a public holiday: the period from 6am to 6pm.

Moruya River—Entrance

All of the waters of the Moruya River and its bays and tributaries, from a line drawn between the eastern extremities of the northern and southern breakwaters at the entrance to the river, upstream to a line drawn generally northerly from the western extremity of the southern training wall (adjacent to the boat launching ramp), to the left bank of what is locally known as Birch’s Creek at Garlandtown.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    (Repealed)

  • (e)

    a landing net.

All year.

Moruya River—Upper Reaches

All of the waters of the Moruya (or Deua) River and tributaries, including Wamban Creek, upstream from the Kiora Bridge to its source.

Any species of fish.

Any method involving the use of a net, other than a landing net.

All year.

Moruya River—Set Mesh Nets

All of the waters of the Moruya River and its tributaries, from the high voltage power lines crossing the river approximately 250 metres upstream of the junction with Mogendura Creek, upstream to the Kiora Bridge.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August (both dates inclusive).

Wagonga Inlet

The whole of the waters of Wagonga Inlet and its tributaries westward of a line drawn north-west across the entrance from the northernmost extremity of Wagonga Head.

Any species of fish.

Any method involving the use of a net or trap, other than the following—

  • (a)

    a landing net,

  • (b)

    a dip or scoop net (prawns).

All year.

Coila Lake

The whole of the waters of the Coila Lake south of a line drawn from a post on the southern extremity of land portion R.975, in a general westerly direction to a point on the southern shore of the lake being the boundary line between land portions 39 and 43.

Any species of fish.

Any method involving the use of a prawn running net.

All year.

Wallaga Lake—Weekend Netting

The whole of the waters of Wallaga Lake including its creeks, tributaries and lagoons.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a prawn running net,

  • (b)

    a dip or scoop net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    (Repealed)

  • (e)

    a landing net,

  • (f)

    a push or scissors net (prawns).

During the period from November to February (both months inclusive): from 6am Saturday to 8pm Sunday, or to 6pm Monday if Monday is a public holiday.

During the period from March to October (both months inclusive): from 6am Saturday to 6pm Sunday, or to 6pm Monday if Monday is a public holiday.

On any weekday (other than a Monday) that is a public holiday: the period from 6am to 6pm.

Wallaga Lake—Blood Cockles

The whole of the waters of Wallaga Lake including its creeks, tributaries, inlets and bays.

Blood cockles (Anadara spp.).

Any method.

All year.

Wallaga Lake—Aborigines Bay

All of the waters of “Aborigines Bay”, north of a line drawn from the southernmost tip of Cemetery Point, directly east to the nearest point of land on the eastern side of “Aborigines Bay”.

Any species of fish.

Any method involving the use of a hauling net (general purpose).

All year.

Wallaga Lake—Beauty Point

That part of the waters of Wallaga Lake situated generally east of a line drawn from the western tip of Beauty Point to Regatta Point to the southern point of the elevated approach to the Wallaga Lake road bridge.

Any species of fish.

Any method involving the use of a hauling net (general purpose).

All year.

Wallaga Lake—Christmas Hauling

The whole of the waters of Wallaga Lake upstream from its confluence with the Pacific Ocean.

Any species of fish.

Any method involving the use of a hauling net (general purpose).

The period from 1 December to 31 January (both dates inclusive) in the next year.

Wallaga Lake—Set Mesh Nets

Meads Creek—to posts marked FD approximately 200 metres upstream of Neilson Bay.

Any species of fish.

Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).

The period from 15 May to 31 August (both dates inclusive) in each year.

Cuttagee Lake

The whole of the waters of Cuttagee Lake together with all its inlets and creeks west of the bridge across the entrance to Cuttagee Lake.

Any species of fish.

Any method involving the use of a hauling net (general purpose).

All year.

Wapengo Lake

The whole of the waters of that part of Wapengo Lake, its creeks, tributaries and inlets, from a line drawn across the entrance to the lake at its confluence with the South Pacific Ocean, upstream to a line drawn from the north-eastern (foreshore) corner of Oyster Farm No. 57-112, to the south-eastern (foreshore) corner of Oyster Farm No. 69-332.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Wallagoot Lake—Meshing

The whole of the waters of Wallagoot Lake, its inlets, bays and creeks upstream from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of a meshing net.

The period from November in any year to April in the next year (both months inclusive).

Wallagoot Lake—Garfish net (bullringing)

The whole of the waters of Wallagoot Lake, its inlets, bays and creeks upstream from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of a garfish net (bullringing).

The period from September in any year to April in the next year (both months inclusive).

Wallagoot Lake—Various nets

The whole of the waters of Wallagoot Lake, its inlets, bays and creeks upstream from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a meshing net,

  • (b)

    a garfish net (bullringing),

  • (c)

    a dip or scoop net (prawns),

  • (d)

    a push or scissors net (prawns),

  • (e)

    a hand-hauled prawn net,

  • (f)

    (Repealed)

  • (g)

    a landing net.

All year.

Merimbula Lake—Shellfish

The whole of the waters of Merimbula Lake downstream from the causeway traffic bridge (Authur Kaine Drive) to its confluence with the South Pacific Ocean.

Any species of shellfish (Class: GASTROPODA / BIVALVIA).

Any method.

All year.

Merimbula Lake—Nets

The whole of the waters of Merimbula Lake and its creeks and tributaries, upstream to its source from its confluence with the South Pacific Ocean.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a push or scissors net (prawns),

  • (c)

    a hand-hauled prawn net,

  • (d)

    a landing net.

All year.

Bournda Lagoon

The whole of the waters of Sandy Beach Creek and Bournda Lagoon, together with all their inlets, creeks and tributaries.

Any species of fish.

Any method involving the use of a net, other than the following—

  • (a)

    a dip or scoop net (prawns),

  • (b)

    a landing net.

All year.

Schedule 2Allocation of quota shares1Definitions

In this Schedule—

catch means the total amount of a particular species of fish taken by an eligible shareholder as determined by the Secretary under clause 2.

eligible shareholder means a holder of estuary general—hand gathering shares in any region who is an eligible shareholder within the meaning of clause 6BA of Part 3A for the class of quota shares concerned.

reporting period means—

  • (a)

    for pipi quota shares—the period commencing on 1 July 2012 and ending on 30 June 2017 (both dates inclusive), and

  • (b)

    for all other quota shares—the period commencing on 1 July 2009 and ending on 30 June 2017 (both dates inclusive).

2Secretary to determine catch(1)

For the purposes of each allocation formula in this Schedule, the Secretary is to determine the catch of pipi, ghost nipper, cockle and beachworm in accordance with this clause.

(2)

The catch of a species taken by an eligible shareholder is the catch attributable to a fishing business owned by the shareholder at 12 noon on 28 September 2018 and is to be determined on the basis of the records of fishing activities relating to the taking of that species that have been provided to the Secretary under sections 121 and 122 of the Act for the reporting period.

(3)

The Secretary is to—

  • (a)

    disregard any catch taken during the reporting period that is attributable to a fishing business no longer owned by the shareholder at 12 noon on 28 September 2018, and

  • (b)

    take account of any catch taken during the reporting period that is attributable to the shareholder because the shareholder acquired shares of the same class under special arrangements for fishing business buyouts during the Department’s program known as the Adjustment Subsidy Program.

(4)

For the purposes of determining the catch of a species taken by an eligible shareholder and by all eligible shareholders (referred to as Ci and Ca in the formula in clauses 4 and 5), the Secretary is to disregard the shareholder’s lowest catch of the species for a 12-month period (commencing on 1 July) taken within the reporting period.

3Step 1—Allocation of quota shares among regions

The total number of quota shares for a particular species to be allocated to each region of the fishery is the number determined in accordance with the following formula—

where—

Qr is the total number of quota shares for a particular species to be allocated to the region (“r”) of the fishery.

Cr is the total catch of the particular species in the region by all eligible shareholders for the reporting period.

Car is the total catch of the particular species in all regions of the fishery by all eligible shareholders for the reporting period.

Qt is the total number of quota shares for the particular species issued under Part 3A (before any rounding under step 2).

4Step 2—Allocation of pipi quota shares among eligible shareholders in a region

The number of pipi quota shares to be allocated to each eligible shareholder in a region is the number determined in accordance with the following formula—

where—

Qi is the number of pipi quota shares to be allocated to the eligible shareholder rounded up to the nearest whole share.

Sr is the number of hand gathering shares held by the eligible shareholder for the region.

St is the total number of hand gathering shares held by all eligible shareholders for the region.

Ci is the total catch of pipi in the region by the eligible shareholder for the reporting period.

Ca is the total catch of pipi in the region by all eligible shareholders for the reporting period.

Qr is the total number of pipi quota shares for the region as determined under clause 3 (before any rounding under this step).

5Step 2—Allocation of other quota shares among eligible shareholders in a region

The number of quota shares for ghost nipper, cockle and beachworm to be allocated to each eligible shareholder in a region is the number determined in accordance with the following formula—

where—

Qi is the number of quota shares for the particular species to be allocated to the eligible shareholder rounded up to the nearest whole share.

Sr is the number of hand gathering shares held by the eligible shareholder for the region.

St is the total number of hand gathering shares held by all eligible shareholders for the region.

Ci is the total catch of the particular species in the region by the eligible shareholder for the reporting period.

Ca is the total catch of the particular species in the region by all eligible shareholders for the reporting period.

Qr is the total number of quota shares for the particular species for the region as determined under clause 3 (before any rounding under this step).

Schedule 3Bag limits

(Clause 47A)

Column 1

Column 2

Column 3

Column 4

Species of fish

Daily limit and possession limit

Fishers to whom bag limit applies

Waters

Pipi (Donax deltoides).

0.

Holders of the following endorsements in any region—

  • (a)

    handline,

  • (b)

    meshing,

  • (c)

    prawning,

  • (d)

    trapping,

  • (e)

    mud crab trapping,

  • (f)

    category one hauling,

  • (g)

    category two hauling.

All waters.

Cockle spp. (Family: Arcidae/Veneridae).

0.

Holders of the following endorsements in any region—

  • (a)

    handline,

  • (b)

    meshing,

  • (c)

    prawning,

  • (d)

    trapping,

  • (e)

    mud crab trapping,

  • (f)

    category one hauling,

  • (g)

    category two hauling.

All waters.

Beachworm spp. (Class: Polychaeta).

0.

Holders of the following endorsements in any region—

  • (a)

    handline,

  • (b)

    meshing,

  • (c)

    prawning,

  • (d)

    trapping,

  • (e)

    mud crab trapping,

  • (f)

    category one hauling,

  • (g)

    category two hauling.

All waters.

Ghost nipper (Trypaea australiensis).

0.

Holders of the following endorsements in any region—

  • (a)

    handline,

  • (b)

    meshing,

  • (c)

    prawning,

  • (d)

    trapping,

  • (e)

    mud crab trapping,

  • (f)

    category one hauling,

  • (g)

    category two hauling.

All waters.

Bluespotted flathead. (Platycephalus caeruleopunctatus).

0.

Holders of the following endorsements in any region—

  • (a)

    handline,

  • (b)

    meshing,

  • (c)

    trapping,

  • (d)

    mud crab trapping,

  • (e)

    category one hauling.

All waters.

Appendix: Am 2007 (24), Sch 2.2; 2008 (232), Sch 2.1; 2008 (521), Sch 2.2 [1]–[4]; 2008 (522), Sch 2 [1]–[17]; 2009 (522), Sch 2.1 [1]–[15]; 2009 No 106, Sch 2.14; 2010 (114), Sch 1 [1]–[12]; 2010 No 59, Sch 2.34; 2011 (148), Sch 2 [1]–[12]; 2014 (356), Sch 2 [1]–[4]; 2014 (399), Sch 1.3; 2016 (403), Sch 1.3; 2017 (309), Sch 1 [1]–[5]; 2017 (308), Sch 1.3; 2017 (566), Sch 5 [1]–[3]; 2017 (615), Sch 1 [1]–[56]; 2018 (184), Sch 2 [1]–[6]; 2018 No 25, Sch 5.17; 2018 (322), Sch 1.3; 2018 (323), Sch 5 [1]–[5]; 2018 (539), Sch 1 [1]–[21]; 2021 (482), Sch 4[1]–[3]; 2022 (688), Sch 1[1] [2]; 2022 (13), Sch 3[1]–[8]; 2023 (69), Sch 1[1]–[20].

Historical notesTable of amending instruments

Fisheries Management (Estuary General Share Management Plan) Regulation 2006 (734). GG No 183 of 15.12.2006, p 10786. Date of commencement, 5.2.2007, cl 2. This Regulation has been amended as follows—

2007

(24)

Fisheries Management Legislation Amendment Regulation 2007. GG No 17 of 25.1.2007, p 411.

Date of commencement, 5.2.2007, cl 2.

2008

(232)

Fisheries Management Legislation Amendment (Fees and Other Matters) Regulation 2008. GG No 76 of 27.6.2008, p 6039.

Date of commencement, 1.7.2008, cl 2.

(521)

Fisheries Management Legislation Amendment (Fishing Closures) Regulation 2008. GG No 148 of 14.11.2008, p 11049.

Date of commencement, on gazettal.

(522)

Fisheries Management Legislation Amendment (Fishing Gear) Regulation 2008. GG No 148 of 14.11.2008, p 11141.

Date of commencement of Sch 2, on gazettal, cl 2 (1).

2009

(522)

Fisheries Management Legislation Amendment (Fishing Closures) Regulation 2009. LW 30.10.2009.

Date of commencement, on publication on LW, cl 2.

No 106

Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009.

Date of commencement of Sch 2, 8.1.2010, sec 2 (2).

2010

(114)

Fisheries Management Legislation Amendment (Share Management Fisheries) Regulation 2010. LW 1.4.2010.

Date of commencement, 1.4.2010, cl 2.

No 59

Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.

Date of commencement of Sch 2.34, 9.7.2010, sec 2 (2).

2011

(148)

Fisheries Management Legislation Amendment Regulation 2011. LW 3.3.2011.

Date of commencement, on publication on LW, cl 2.

2014

(356)

Fisheries Management Legislation Amendment (Miscellaneous) Regulation 2014. LW 13.6.2014.

Date of commencement, on publication on LW, cl 2.

(399)

Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2014. LW 27.6.2014.

Date of commencement, 1.7.2014, cl 2.

2016

(403)

Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2016. LW 1.7.2016.

Date of commencement, 1.7.2016, cl 2.

2017

(309)

Fisheries Management Legislation Amendment (Quota Shares) Regulation 2017. LW 30.6.2017.

Date of commencement, on publication on LW, cl 2.

(308)

Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2017. LW 30.6.2017.

Date of commencement, 1.7.2017, cl 2.

(566)

Fisheries Management Legislation Amendment (Quota Management) Regulation 2017. LW 6.10.2017.

Date of commencement, 6.10.2017, cl 2.

(615)

Fisheries Management Legislation Amendment Regulation 2017. LW 10.11.2017.

Date of commencement, 1.12.2017, cl 2.

2018

(184)

Fisheries Management Legislation Amendment (Spanner Crab) Regulation 2018. LW 4.5.2018.

Date of commencement of Sch 2, on publication on LW, cl 2 (1).

No 25

Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018.

Date of commencement of Sch 5.17, 14 days after assent, sec 2 (1).

(322)

Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2018. LW 29.6.2018.

Date of commencement, 1.7.2018, cl 2.

(323)

Fisheries Management Legislation Amendment Regulation 2018. LW 29.6.2018.

Date of commencement, 1.7.2018, cl 2.

(539)

Fisheries Management Legislation Further Amendment Regulation 2018. LW 21.9.2018.

Date of commencement of Sch 1 [1]–[10] [14]–[17] and [20], on publication on LW, cl 2 (1); date of commencement of Sch 1 [11]–[13] [18] [19] and [21], 1.7.2019, cl 2 (2).

2021

(482)

Fisheries Management Legislation Amendment Regulation 2021. LW 27.8.2021.

Date of commencement, on publication on LW, cl 2.

2022

(688)

Fisheries Management Legislation Amendment (Licences) Regulation 2022. LW 18.11.2022.

Date of commencement, on publication on LW, sec 2.

2023

(13)

Fisheries Management Legislation Amendment Regulation 2023. LW 20.1.2023.

Date of commencement of Sch 3, on publication on LW, sec 2(b).

(69)

Fisheries Management Legislation Amendment Regulation (No 2) 2023. LW 24.2.2023.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Appendix

Am 2007 (24), Sch 2.2; 2008 (232), Sch 2.1; 2008 (521), Sch 2.2 [1]–[4]; 2008 (522), Sch 2 [1]–[17]; 2009 (522), Sch 2.1 [1]–[15]; 2009 No 106, Sch 2.14; 2010 (114), Sch 1 [1]–[12]; 2010 No 59, Sch 2.34; 2011 (148), Sch 2 [1]–[12]; 2014 (356), Sch 2 [1]–[4]; 2014 (399), Sch 1.3; 2016 (403), Sch 1.3; 2017 (309), Sch 1 [1]–[5]; 2017 (308), Sch 1.3; 2017 (566), Sch 5 [1]–[3]; 2017 (615), Sch 1 [1]–[56]; 2018 (184), Sch 2 [1]–[6]; 2018 No 25, Sch 5.17; 2018 (322), Sch 1.3; 2018 (323), Sch 5 [1]–[5]; 2018 (539), Sch 1 [1]–[21]; 2021 (482), Sch 4[1]–[3]; 2022 (688), Sch 1[1] [2]; 2022 (13), Sch 3[1]–[8]; 2023 (69), Sch 1[1]–[20].

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