Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003 (NSW)
2003 No 18
New South Wales
Fisheries Management (General)
Amendment (Commercial Fishing and
Miscellaneous Matters) Regulation
2003
under the
Fisheries Management Act 1994
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.
The Hon EDWARD OBEID, M.L.C.,
Minister for Fisheries
Explanatory note
The principal object of this Regulation is to protect certain waters and certain species of fish from certain types of commercial fishing. It does this by inserting clauses 8A (Prohibition on certain classes of commercial fishing), 208A (Prohibition on certain classes of commercial fishing in estuary general fishery), 216A (Prohibition on commercial fishing in estuary prawn trawl fishery in certain waters) and 256A (Prohibition on commercial fishing in ocean hauling fishery in certain waters) in the Fisheries Management (General) Regulation 2002.
This Regulation also makes miscellaneous amendments to that Regulation. These include amendments relating to the following:
| (a) | prohibitions on certain classes of commercial fishing, |
| (b) | the use of fishing gear, |
| (c) | the implements that may be used to sort certain catches of fish and prawns, |
| (d) | the identification of recognised fishing grounds, |
| (e) | the tagging of eastern rock lobsters taken for sale, |
| (f) | conditions of permits issued under the Fisheries Management Act 1994, |
| (g) | endorsements on commercial fishing licences, |
| (h) | activities harmful to marine vegetation, |
(i) penalty notice offences.
| Published in Gazette No 14 of 17 January 2003, page 226 | Page 1 |
| 2003 No 18 | |
| 2003 No 18 | |
| Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003 | |
| Explanatory note |
This Regulation is made under the Fisheries Management Act 1994, including the new section 20 (Fish and waters protected from commercial fishing) (which was inserted by the Fisheries Management Amendment Act 2001 and commenced on 1 January 2003) and sections 23 (Regulations relating to fishing gear), 112 (Commercial fishing licence to be endorsed for restricted fishery), 205B (Activities harmful to marine vegetation), 276 (Penalty notices) and 289 (the general regulation-making power).
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| Miscellaneous Matters) Regulation 2003 | Clause 1 |
Fisheries Management (General) Amendment
(Commercial Fishing and Miscellaneous Matters)
Regulation 2003
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003.
2 Commencement
This Regulation commences on 17 January 2003.
3 Amendment of Fisheries Management (General) Regulation 2002
The Fisheries Management (General) Regulation 2002 is amended as set out in Schedule 1.
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Schedule 1 Amendments
(Clause 3)
[1] Clause 3 Definitions
Omit “section 20” from the definition of fish protected from commercial fishing.
Insert instead “section 20 (1)”.
[2] Part 2, heading
Insert “protected waters,” after “Protected fish,”.
[3] Clause 7 Fish protected from commercial fishing
Omit “section 20”. Insert instead “section 20 (1)”.
[4] Clause 8 Defence—striped marlin
Omit “section 20 (3)”. Insert instead “section 20 (3) (b)”.
[5] Part 2, Division 1A
Insert after clause 8:
Division 1A Protected waters
8A Prohibition on certain classes of commercial fishing Pursuant to section 20 (2) of the Act, it is declared that:
(a)
all ocean and estuarine waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:
(i)
a fishing activity referred to in Schedule 1 to the Act,
(ii) the taking of sea urchin or turban shell,
(iii) the taking of scallops in Jervis Bay, (iv) the taking of jellyfish, and (b)
all inland waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:
(i) the taking of yabbies,
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(ii) the taking of carp, and
(c)
all waters specified in the column headed “Waters” in the Table to this clause are waters in which the classes of commercial fishing specified in the column headed “Class of commercial fishing prohibited” in relation to those waters in that Table are prohibited.
Table Waters protected from certain commercial fishing
Waters Class of commercial
fishing prohibitedBack Lake (also known as Back
Lagoon):the whole of the waters of Back All commercial fishing. Lake, including all its tributaries,
creeks, bays and inlets, from its
confluence with the South Pacific
Ocean upstream to its source.Bega River: the whole of the waters of Bega All commercial fishing. River, including all its tributaries,
creeks, bays and inlets, from its
confluence with the South Pacific
Ocean upstream to its source.Bellinger River (including Kalang
River):the whole of the waters of Bellinger All commercial fishing. River, from its confluence with the
Pacific Ocean upstream to its source,
including Kalang River and all their
tributaries, creeks, bays, inlets and
lagoons.Bermagui River: the whole of the waters of Bermagui All commercial fishing, River, from a line drawn between the except the carriage of stowed eastern extremity of the northern fishing gear by boat directly breakwall south to Bermagui Point from Bermagui Harbour to upstream to its source, including all ocean waters. its tributaries, creeks, bays and inlets.
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Waters Class of commercial
fishing prohibitedBotany Bay: the whole of the waters of Botany All commercial fishing, other Bay, together with all its tributaries, than the taking of lobsters and creeks, bays and inlets. abalone in accordance with
the relevant share
management plan.Burrill Lake: the whole of the waters of Burrill All commercial fishing. Lake and Burrill Lake Entrance Channel, together with all their tributaries, creeks, bays and inlets.
Camden Haven River: the whole of the waters of Camden All commercial fishing. Haven River from a line drawn
between the eastern extremities of its
northern and southern breakwalls
upstream to North Haven Bridge and
Dunbogan Bridge, which waters
include the waters under those
bridges, Gogleys Lagoon and all
tributaries, creeks, bays and inlets.
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Waters Class of commercial
fishing prohibitedClarence River:
(a) the waters enclosed within a All commercial fishing, line drawn across the river except the class of entrance from the eastern commercial fishing that extremity of the northern consists of the use of a breakwall to the eastern hauling net (general purpose) extremity of the southern in accordance with clause 26 breakwall, and then upstream on and from 1 April in any to a line drawn from the year up to and including 31 Waterways Authority Front August in that year in the Lead Beacon No 122 at mean waters adjacent to Wave Trap high water mark on the Beach located at the western northern side of Hickey end of the northern breakwall Island, then northwesterly to at the entrance of the Clarence the Waterways Authority River. Navigation Aid No 097
located on the downstream
side of the most easterly
opening in Middle Wall, then
northeasterly across to the
western extremity of
Moriartys Wall,
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Waters Class of commercial
fishing prohibited
(b) the whole of the waters of All commercial fishing. Oyster Channel from a line
drawn from the NSW
Fisheries marker post RFH1,
located on the southern shore
adjacent to the intersection of
Micalo and Yamba Roads,
northeasterly to the NSW
Fisheries marker post RFH2
located on the shore north of
Whyna Island, then following
the mean high water mark
upstream to a NSW Fisheries
marker post RFH3 beneath
the second set of powerlines
crossing Oyster Channel,
located approximately 420m
upstream of the Oyster
Channel Road Bridge, then
westerly following the
powerlines to a NSW
Fisheries marker post RFH4
on the shore of Micalo Island,
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Waters Class of commercial
fishing prohibited
(c) the whole of the waters of All commercial fishing. Romiaka Channel south from
a line drawn from the NSW
Fisheries marker post RFH5,
located on the shore of the
northern extremity of
Romiaka Island, northerly
across to the NSW Fisheries
marker post RFH6 on the
shore at Palmers Island, west
of Ungundam Island, and then
upstream to a line drawn from
the NSW Fisheries marker
post RFH7 located on the
shore of Romiaka Island at the
southern end of the rock
retaining wall on “Burn’s
farm”, then westerly across
Romiaka Channel to the NSW
Fisheries marker post RFH8
on the shore of Palmers
Island,
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Waters Class of commercial
fishing prohibited
(d) the whole of the waters of the All commercial fishing. North Arm of the Clarence River within the following boundaries, commencing at the NSW Fisheries marker post RFH9 located on the shore beneath the multiple overhead powerlines crossing
the waters of the North Arm
near Marandowie Drive,
Iluka, then westerly directly
beneath those powerlines for
100 metres, then upstream and
parallel to the shore to a line
parallel to the powerlines
drawn from the NSW
Fisheries marker post RFH10
located on the shore near the
northern end of the rock
retaining wall at the entrance
to Saltwater Inlet).Deep Creek:
the whole of the waters of Deep All commercial fishing. Creek, from its confluence with the
Pacific Ocean upstream to its source,
including all its tributaries, creeks,
bays and inlets.Hastings River: the whole of the waters of Hastings All commercial fishing. River from a line drawn between the
eastern extremities of the northern
and southern breakwalls upstream to
its source, including all its tributaries,
creeks, bays and inlets.Lake Brunderee: the whole of the waters of Lake All commercial fishing. Brunderee, together with all its
tributaries, creeks, bays and inlets.
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Waters Class of commercial
fishing prohibitedLake Conjola: the whole of the waters of Lake All commercial fishing. Conjola (and Berringer Lake),
together with all their tributaries,
creeks, bays and inlets.Lake Macquarie: the whole of the waters of Lake All commercial fishing. Macquarie, together with all its
tributaries, creeks, bays and inlets.Little Lake (also known as Little
Tilba Lake and Hoyers Lake):the whole of the waters of Little Lake All commercial fishing. immediately south of Tilba Lake,
including all its tributaries, creeks,
bays and inlets.Manning River: the whole of the waters of Manning All commercial fishing. River, from its confluences with the South Pacific Ocean upstream to and including:
(a) Ghinni Ghinni Creek, from a
line drawn from the upriver
bank of Ghinni Ghinni Creek
due south to the eastern side
of the Manning River, in the
north channel, and(b) Berady Creek, from a line
drawn from the upriver bank
of Berady Creek due east to
the eastern side of the
Manning River, in the south
channel,which waters include Scotts Creek and all tributaries, creeks, bays and inlets.
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Waters Class of commercial
fishing prohibitedMeroo Lake: the whole of the waters of Meroo All commercial fishing. Lake, together with all its tributaries,
creeks, bays and inlets.Mummaga Lake (also known as
Dalmeny Lake):the whole of the waters of Mummaga All commercial fishing. Lake, together with all its tributaries,
creeks, bays and inlets.Narrawallee Inlet: the whole of the waters of All commercial fishing. Narrawallee Inlet, together with all
its tributaries, creeks and bays.Nelson Lagoon (also known as
Nelson Lake):the whole of the waters of Nelson All commercial fishing. Lagoon, including all its tributaries,
creeks, bays and inlets, from its
confluence with the South Pacific
Ocean upstream to its source.Nullica River: the whole of the waters of Nullica All commercial fishing. River, including all its tributaries,
creeks, bays and inlets, from its
confluence with Twofold Bay
upstream to its source.Pambula River and Yowaka River: the whole of the waters of Pambula All commercial fishing. River and Yowaka River, including all their tributaries, creeks, bays and inlets, upstream of a line drawn from the southern end of Tea Tree Point
and then due west to the boat ramp.
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Waters Class of commercial
fishing prohibitedRichmond River:
(a) from a line drawn between the All commercial fishing. eastern extremities of the
northern and southern
breakwalls upstream to a line
drawn across the River
between the Burns Point Ferry
ramps, including all the
tributaries, creeks, bays, inlets
and canal estates within those
boundaries,(b) from a line drawn across the All commercial fishing, River between the Burns except the class of Point Ferry ramps upstream to commercial fishing that a line drawn east across the consists of the use of a crab River from the south-eastern trap in accordance with clause corner of Portion 21 at the 61, or of an eel trap in eastern end of Emigrant Point accordance with clause 65. Lane, including Emigrant
Creek and all other tributaries,
creeks, bays, inlets and canal
estates within those
boundaries.St Georges Basin:
the whole of the waters of St Georges All commercial fishing. Basin, together with all its tributaries,
creeks, bays and inlets.Tabourie Lake: the whole of the waters of Tabourie All commercial fishing. Lake, together with all its tributaries,
creeks, bays and inlets.Tomaga River: the whole of the waters of Tomaga All commercial fishing. River, together with all its tributaries,
creeks, bays and inlets.
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Waters Class of commercial
fishing prohibitedTowamba River (also known as Kiah
River):the whole of the waters of Towamba All commercial fishing. River, including all its tributaries,
creeks, bays and inlets, from its
confluence with Twofold Bay
upstream to its source.Tuross Lake (including Tuross River
and Borang Lake):the whole of the waters of Tuross All commercial fishing. Lake, together with all its tributaries,
creeks, bays, inlets and lagoons,
including Tuross River and Borang
Lake.Tweed River: the following waters of the Tweed All commercial fishing. River: (a) eastern extremities of the
northern and southern
breakwalls upstream to Boyds
Bay Bridge (including the
waters under the bridge) and a
line drawn from the southern
point of Rocky Point due east
to Fingal Road, including Jack
Evans Boat Harbour, the
Southern Boat Harbour and
all the tributaries, creeks,from a line drawn between the within those boundaries,
(b) the canal estate off Bingham
Bay known as Seagulls Canal,
as well as its continuation on
the other side of The Lakes
Drive,
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Waters Class of commercial
fishing prohibited(c) the canal estate off Cobaki
Broadwater known as Tweed
West Canals,(d) the tributary behind Caddy’s Island known as Blue Water Canals, (e) the canal estate behind Crystal
Waters Drive known as
Crystal Waters Canal,(f) the canal estate west of Boyd’s Island known as Endless Summer Canal Estate, (g) the canal estate generally north of Chinderah Island known as Oxley Cove, (h) Wommin Lagoon, (i) Wommin Lake.
Wonboyn River and Wonboyn Lake:
the whole of the waters of Wonboyn All commercial fishing. River, including Wonboyn Lake, and
all the tributaries, creeks, bays and
inlets, from its confluence with the
South Pacific Ocean upstream to its
source.Wonboyn Beach: the whole of the waters adjacent to All commercial fishing, the shoreline and 500 metres seaward except hand gathering. of the mean high water mark of the
entire length of Wonboyn Beach
between Green Cape Peninsula in the
north and Greenglade in the south,
including Bay Cliff Headland.
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[6] Table (Bag limits) to Division 3 of Part 2 (after clause 15)
Omit “other than the waters specified in Schedules A–G of the General Trout Closure published in Gazette No 146 on 28 September 2001 at pages 8281–8287” from the matter relating to Murray crayfish in Part 4 of the Table.
[7] Part 2, Division 5
Insert after clause 18:
Division 5 Miscellaneous
18A Part does not authorise action contrary to prohibitions or other
controls
(1) Nothing in this Part affects any prohibition or conditions imposed by or under the Act or the Marine Parks Act 1997 with respect to the taking of fish. (2) In particular, a provision of this Part that specifies:
(a) the minimum measurements, or (b) the daily limit (within the meaning of section 17 (1) of the Act), or (c) the possession limit (within the meaning of section 18 (1) of the Act), in respect of any species of fish is not to be construed as
authorising any of the following:
(d) the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act, (e) thetakingforsaleofanyfishprotectedfrom commercial fishing, (f) the taking for sale of fish from any area protected from commercial fishing, (g) the taking of fish in contravention of:
(i) a regulation relating to aquatic reserves made under section 197 of the Act, or
(ii) a management plan for an aquatic reserve made under section 197A of the Act, or
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(iii) anaquaticreservenotificationinforceunder section 197E of the Act,
(h) the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Parks Act 1997.
[8] Clause 19 Fishing gear cannot be used in circumstances where fishing prohibited
Insert “or the Marine Parks Act 1997” after “the Act” in clause 19 (1).
[9] Clause 19 (2)
Insert after clause 19 (2) (c):
(d) the taking for sale of fish from any area protected from commercial fishing, (e) the taking of fish in contravention of:
(i) a regulation relating to aquatic reserves made under section 197 of the Act, or (ii) a management plan for an aquatic reserve made under section 197A of the Act, or
(iii) anaquaticreservenotificationinforceunder section 197E of the Act, (f) the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Parks Act 1997.
[10] Clause 20B
Insert after clause 20A:
20B Use of certain fishing gear prohibited in vicinity of Fish Rock
(1) This clause applies to all waters within 500 metres of the
mean high water mark of Fish Rock.Note. See also Part 11A. Part of the area around Fish Rock is critical habitat of the grey nurse shark (see Gazette No 237 of 29.11.2002, p 10137).
(2)
A person must not take or attempt to take, by means of a spear, speargun or similar device, any fish from waters to which this clause applies other than fish of the following families or species:
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(a) families:
(i)
Carangidae (including all trevallies, kingfish and rainbow runner),
(ii) Scombridae (mackerel and wahoo tuna),
(iii) Istiophoridae (marlin and sailfish), (b) species:
(i) cobia (Rachycentron canadus), (ii) tailor (Pomatomus saltator),
(iii) dolphin fish (Corphaena hippurus), (iv) Maximum penalty: 100 penalty units.
Australian salmon (Arripis trutta).
(3) A person must not, while using any apparatus (other than a snorkel) capable of supplying air to facilitate breathing underwater, take or attempt to take fish from waters to which this clause applies by any method. Maximum penalty: 100 penalty units.
[11] Clause 26 Hauling net (general purpose)
Insert after clause 26 (1) (k):
(l) in the case of a net of 500 metres 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 in the estuary general restricted fishery (as referred to in clause 209):
(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 that length is used by the holder of the endorsement during that period, (m) in the case of a net that is being used under the authority of an endorsement on a commercial fishing licence authorising the holder of the licence to take fish for sale in the ocean hauling restricted fishery, the net is deployed from, and hauled to, a beach.
[12] Clause 26, Table
Omit “1,000 metres” from item 1 (b). Insert instead “500 metres”.
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[13] Clause 26, Table
Omit “725 metres” from item 2 (b). Insert instead “500 metres”.
[14] Clause 26, Table
Insert “and the estuaries of Dalhousie Creek, Oyster Creek, Saltwater Creek, Towradgie Creek, Spring Creek, Nerrindilah Creek, Congo Creek and Meringo River” after “(except inland waters” in item 8 (a).
[15] Clause 28 Garfish net (bullringing)
Insert after clause 28 (1) (c):
(d) the net is not used in ocean waters at either of the following times:
(i) between midnight on any Friday and midnight on the immediately following Sunday, (ii) betweenmidnightonadayimmediately preceding a public holiday and midnight on the public holiday.
[16] Clause 28, Table
Insert “and the estuaries of Saltwater Creek, Towradgie Creek, Spring Creek, Nerrindilah Creek, Congo Creek and Meringo River” after “(except inland waters” in item 3 (a).
[17] Clause 29 Garfish net (hauling)
Insert after clause 29 (1) (b):
(c) the net is not used in the ocean hauling restricted fishery at either of the following times:
(i) between midnight on any Friday and midnight on the immediately following Sunday, (ii) betweenmidnightonadayimmediately preceding a public holiday and midnight on the public holiday.
[18] Clause 38 Otter trawl net (prawns)
Insert after clause 38 (1) (d):
(e)
the net is not used in the estuary prawn trawl restricted fishery at either of the following times:
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(i) between midnight on any Friday and midnight on the immediately following Sunday,
(ii) betweenmidnightonadayimmediately preceding a public holiday and midnight on the public holiday.
[19] Clause 41 Meshing net
Insert “and the estuaries of Towradgie Creek, Spring Creek and Nerrindilah Creek” after “(except inland waters and ocean waters” in item 4 (a) of the Table to clause 41.
[20] Clauses 58A and 58B
Insert after clause 58:
58A Sorting of prawns caught in certain nets
(1) This clause applies in respect of the use of the following nets:
(a) a prawn net (hauling), (b) a prawn net (hauling): Manning River, (c) a prawn net (hauling): Wallis Lake, (d) a prawn net (set pocket), (e) a prawn running net, (f) a seine net (prawns), (g) a hand-hauled prawn net, (h) an otter trawl net (prawns). (2) For the purposes of this Part, it is unlawful to use a net to
which this clause applies for taking prawns unless:
(a)
the prawns caught in the net are graded immediately after the net is retrieved, and
(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).
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58B Prohibition on use of certain nets in vicinity of seagrass For the purposes of this Part, it is unlawful to do any of the following:
(a) to use any of the following nets over, or adjacent to, a bed of strapweed seagrass (Posidonia australis) in the estuary general restricted fishery:
(i) hauling net (general purpose), (ii) trumpeter whiting net (hauling),
(iii) garfish net (hauling), (iv) pilchard, anchovy and bait net (hauling), (v) garfish net (bullringing), (vi) bait net, (vii) prawn net (hauling), (viii) prawn net (hauling): Manning River,
(ix) prawn net (hauling): Wallis Lake,
(x) seine net (prawns),
(xi) hand-hauled prawn net,
(b) to haul a hauling net (general purpose) over, or adjacent to, a bed of strapweed seagrass (Posidonia australis) in the ocean hauling restricted fishery, (c) to use an otter trawl net (prawns) over, or adjacent to, a bed of:
(i) strapweed seagrass (Posidonia australis), or (ii) eelgrass (Zostera capricorni), in the estuary prawn trawl restricted fishery,
(d)
to haul a prawn net (hauling) or seine net (prawns) over a bed of any other seagrass, being a bed that is identified on a map approved by the Minister, published in the Gazette and held at an office of NSW Fisheries located in the region of the relevant seagrass bed.
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[21] Clause 79A
Insert after clause 79:
79A Certain implements prohibited
(1) The purpose of this clause is to protect any fish or other organisms that have been taken in a catch of fish in the estuary general restricted fishery or the estuary prawn trawl restricted fishery and are to be returned to the water. (2) A person must not, when sorting a catch of fish that has been
taken:
(a) in the estuary general restricted fishery, or (b) in the estuary prawn trawl restricted fishery, use any implement (such as a spike or club) that could pierce, impale, beat or otherwise injure any fish or other organism taken in the catch. Maximum penalty: 25 penalty units.
[22] Clause 106
Omit the clause. Insert instead:
106 Identification of recognised fishing grounds
(1)
For the purposes of section 39 (4) of the Act, a recognised fishing ground is an area identified as a recognised fishing ground by being marked as such on a map (an RFG map) approved by the Minister and published in the Gazette.
(2)
An RFG map is to identify any one or more areas which, in the opinion of the Minister, is an area of the sea or other public water land used historically for net fishing and which is used regularly or intermittently for net fishing by commercial fishers.
(3)
Section 284 (2) of the Act (which specifies the way in which the public is to be given an opportunity to make submissions on certain matters) applies in respect of a draft RFG map in the same way as it applies in respect of the matters specified in section 284 (1) of the Act.
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(4) Before taking the action required by section 284 (2) of the Act
in relation to a draft RFG map, the Minister must:
(a)
provide a copy of the draft map to both the Advisory Council on Commercial Fishing and the Advisory Council on Recreational Fishing, and
(b)
invite each of those Councils to make recommendations about the draft map within such time (being not less than 30 days from the date on which the copy of the draft map is provided to the Council concerned) as the Minister may specify in the invitation, and
(c)
takeanysuchrecommendationsintoconsideration when finalising the draft map for public exhibition under section 284 (2) of the Act.
(5)
Each RFG map is to be deposited at the head office of NSW Fisheries and at an office of NSW Fisheries located in the region of the relevant recognised fishing ground.
(6)
The Minister may alter or replace an RFG map from time to time by publishing an amended or replacement RFG map in the Gazette. However, the consultations required by subclauses (3) and (4) must be undertaken in relation to such an alteration or replacement unless, in the case of an alteration, the Minister is of the opinion that the alteration is of a minor nature.
(7)
A map identifying an area as a recognised fishing ground and held, on the commencement of the Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003, at the head office of NSW Fisheries and at an office of NSW Fisheries located in the region of the relevant recognised fishing ground is taken to be an RFG map prepared in accordance with this clause. However, each such RFG map is to be published in the Gazette as soon as practicable after the commencement of the Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003.
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[23] Part 5, Division 4A
Insert after clause 116:
Division 4A Tagging of eastern rock lobster taken for sale
| 116A | Eastern rock lobster not to be sold unless tag attached | |
|
Maximum penalty: 100 penalty units in the case of a corporation or 50 penalty units in any other case.
(2) A person does not commit an offence under this clause unless the rock lobster concerned was taken in the waters of, or adjacent to, New South Wales. (3) In this clause: tag means a tag issued by the Director for attachment to
eastern rock lobsters taken for sale.whole eastern rock lobster includes an eastern rock lobster that has had parts (other than the abdomen of the rock lobster) removed. Note. The Fisheries Management (Lobster Share Management Plan) Regulation 2000 requires commercial fishers to tag eastern rock lobsters taken for sale.
[24] Clause 133B
Insert after clause 133A:
| 133B | Contravention of condition of permit under section 37 of Act |
A person who contravenes a condition of a permit issued under section 37 of the Act is guilty of an offence.
Maximum penalty: 100 penalty units.
[25] Clause 153 Prescribed conditions of fishing boat licences
Omit clause 153 (1) (e) (v) and “and” from clause 153 (1) (e) (iv).
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[26] Clause 208A
Insert after clause 208:
| 208A | Prohibition on certain classes of commercial fishing in estuary general fishery |
Pursuant to section 20 (2) of the Act, it is declared that:
(a)
alloceanbeachwaters,andallestuarinewaters specified in the column headed “Estuaries within primary fishing region” in the Table to clause 209A, are waters in which the class of commercial fishing that consists of the taking by commercial fishers in the estuary general fishery of fish of a species other than a species listed in the Table to this clause is prohibited, and
(b)
all estuarine waters other than the waters specified in the column headed “Estuaries within primary fishing region” in the Table to clause 209A are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers in the estuary general fishery is prohibited.
Table Species of fish permitted to be taken in ocean
beach and estuarine waters in the estuary
general fisheryCommon name Scientific name Anchovy Engraulis australis Arrow squid Nototodarus gouldi Australian salmon Arripis trutta Beachworm spp. various (Class: POLYCHAETA) Black sole Synaptura nigra Blue mackerel Scomber australasicus Blue mussel Mytilus edulis Bonito Sarda australis
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Common name Scientific name Bream
• Black bream Acanthopagrus butcheri • Yellowfin bream Acanthopagrus australis
Catfish spp. various (Family: ARIIDAE/
PLOTOSIDAE)Cockle spp. various (Family: ARCIDAE/
VENERIDAE)Crabs
• Blue swimmer crab Portunus pelagicus • Mud crab Scylla serrata
various (Family: PORTUNIDAE)
• Sand crab spp. Cuttlefish spp. various (Family: SEPIDAE) Eels
• Longfin river eel Anguilla reinhardtii • Pike eel Muraenesox bagio Anguilla australis • Shortfin river eel Conger wilsoni • Short-finned conger eel Conger verreauxi • Southern conger eel
Estuary catfish Cnidoglanis macrocephalus Flathead
• Dusky flathead Platycephalus fuscus
• Sand flathead Flounder spp. Platycephalus caeruleopunctatus various (Family:
PLEURONECTIDAE/
BOTHIDAE)Garfish
• Eastern sea garfish Hyporhamphus australis • River garfish Hyporhamphus regularis
Arrhamphus sclerolepis• Shortbill garfish
Gurnard spp. various (Family: TRIGLIDAE) Hairtail Trichiurus lepturus
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Common name Scientific name Hardyhead spp.
various (Family: ATHERINIDAE)
John dory Zeus faber Leatherjacket spp. various (Family:
MONACANTHIDAE)Longtom spp. various (Family: BELONIDAE) Luderick Girella tricuspidata Mackerel tuna Euthynnus affinis Mangrove jack Lutjanus argentimaculatus Mantis shrimp Squilla sp. Mullet
• Flat tail mullet Liza argentea • Pink-eye mullet Myxus petardi
Upeneichthys lineatus• Red mullet Myxus elongatus • Sand mullet Mugil cephalus • Sea mullet
Mulloway Argyrosomus japonicus Nipper spp. Callianassa spp. Octopus spp. various (Family:
OCTOPODIDAE)Old maid Scatophagus multifasciatus Pike spp. Sphyraena spp. Pilchard Sardinops sagax Pipi Donax deltoides Prawns
• Eastern king prawn Penaeus plebejus • Greasyback prawn Metapenaeus bennettae Metapenaeus macleayi • School prawn Penaeus esculentus
• Tiger prawn Red gurnard Chelidonichthys kumu
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Common name Scientific name Red morwong Cheilodactylus fuscus Saucer scallop Amusium spp. Scallop Pecten fumatus Shell spp. various (Class: GASTROPODA/
PELECYPODA)Silver biddy Gerres subfasciatus Snapper Pagrus auratus Sole spp. various (Family: SOLEIDAE) Southern calamari Sepioteuthis australis Squid spp. various (Class:
CEPHALOPODA)Stingray/stingaree spp. various (Family: DASYATIDAE/
UROLOPHIDAE)Striped trumpeter Pelates sexlineatus Sweep Scorpis lineolatus Sweetlip Lethrinus sp. Tailor Pomatomus saltatrix Tarwhine Rhabdosargus sarba Trevally
• Black trevally Siganus nebulosus • Golden trevally Gnathanodon speciosus
Pseudocaranx dentex• Silver trevally
Trumpeter Pelates quadrilineatus Whaler shark spp. Carcharhinus spp. Whitebait spp. various (Family: CLUPEIDAE/
GALAXIIDAE)
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Common name Scientific name Whiting
• Sand whiting Sillago ciliata • School whiting Sillago bassensis Sillago maculata • Trumpeter whiting
Yellowtail Trachurus novaezelandiae Yellowtail kingfish Seriola lalandi
[27] Clause 209 Types of endorsement in restricted fishery
Insert “cuttlefish,” after “beachworm,” in clause 209 (1) (g).
[28] Clause 209
Omit clause 209 (2) and (3), and relocate the Note to the clause to clause 209 (1).
[29] Clauses 209A and 209B
Insert after clause 209:
| 209A | Endorsement to specify authorised area of operations | |||
| ||||
| (2) The authorised area of operations is to be specified by reference to a single primary fishing region, but may also include other specified ocean beaches and estuaries within the same bioregion as the primary fishing region. | ||||
|
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(5)
If a fishing business is sold or disposed of and the person who acquires the fishing business becomes eligible for an endorsement by reason of the acquisition, the authorised area of operations specified in that endorsement is to be the same as the authorised area of operations specified in the endorsement held in respect of the fishing business immediately before it was sold or disposed of.
Note. Clause 277 allows a person who acquires a fishing business to become eligible for an endorsement in the fishery if the acquisition complies with guidelines issued from time to time by the Director.
(6) In this clause: bioregion means a bioregion identified in the Table to this
clause.primary fishing region means a primary fishing region
described in the Table to this clause.Table Bioregions, primary fishing regions and estuaries
Bioregion Primary Description Estuaries within
fishing of primary primary fishing region fishing region region
Northern Upper North That part of the Tweed River Bioregion Coast— State lying Cudgen Lake Region 1 generally Cudgera Creek between the Mooball Creek border between Brunswick River the States of Belongil Creek Queensland Tallow Creek and New South Broken Head Creek Wales and the Richmond River parallel 29°15′ Evans River south latitude Jerusalem Creek
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Bioregion Primary Description Estuaries within
fishing of primary primary fishing region fishing region region Clarence— That part of the Clarence River Region 2 State lying Sandon River generally
between the
parallel 29°15′
south latitude
and the parallel
29°45′ south
latitudeNorth Coast— That part of the Wooli Wooli River Region 3 State lying Station Creek generally Corindi River between the Arrawarra Creek parallel 29°45′ Darkum Creek south latitude Woolgoolga Lake and the parallel Hearns Lake 31°44′ south Moonee Creek latitude Coffs Harbour Creek
Boambee Creek
Bonville Creek
Dalhousie Creek
Oyster Creek
Nambucca River
Macleay River
South West Rocks
Creek
Saltwater Creek
Korogoro Creek
Killick River
Lake Innes
Lake Cathie
Camden Haven
River
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Bioregion Primary Description Estuaries within
fishing of primary primary fishing region fishing region region
Central Central— That part of the Manning River Bioregion Region 4 State lying Khappinghat Creek generally Wallis Lake between the Smiths Lake parallel 31°44′ Myall Lakes south latitude Myall River and the parallel Lake Booloombayt 33°25′ south Port Stephens latitude
Karuah River Hunter River Tuggerah Lakes
Metropolitan— That part of the Wamberal Lagoon Region 5 State lying Terrigal Lake generally Avoca Lake between the Cockrone Lake parallel 33°25′ Brisbane Water south latitude Hawkesbury River and the parallel Pittwater 34°20′ south Narrabeen Lagoon latitude
Dee Why Lagoon Curl Curl Lagoon (also known as
Harbord Lagoon)
Manly Lagoon
Sydney Harbour
Port Hacking
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Bioregion Primary Description Estuaries within
fishing of primary primary fishing region fishing region region Upper South That part of the Towradgie Creek Coast— State lying Port Kembla Region 6 generally Harbour between the Lake Illawarra parallel 34°20′ Minnamurra River south latitude Spring Creek and the parallel Werri Lagoon 35°25′ south Crooked River latitude Shoalhaven River
Lake Wollumboola
Jervis Bay
Swan Lake
Berrara Creek
Nerrindilah Creek
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Bioregion Primary Description Estuaries within
fishing of primary primary fishing region fishing region region
Southern Lower South That part of the Termeil Lake Bioregion Coast— State lying Willinga Lake Region 7 generally Durras Lake between the Batemans Bay parallel 35°25′ Candlagan Creek south latitude Moruya River and the border Congo Creek between the Meringo River States of New Coila Lake South Wales Lake Brou and Victoria Kianga Lake
Wagonga Inlet
Nangudga Lake
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
Merrica River
Nadgee River
Nadgee Lake
| 209B | Conditions of endorsement | |
|
(a)
as authorised by the class or classes of endorsement on the licence, and
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(b)
in the authorised area of operations specified in the endorsement.
(2) Nothing in an endorsement authorises any fishing activity:
(a) that is prohibited by any notification in force under the Act (such as a fishing closure under section 8 of the Act or an aquatic reserve notification under section 197E of the Act), or (b) that contravenes, or is prohibited by: (i) anyprovisionof,oranyinstrumentor notification under, the Marine Parks Act 1997, or
(ii) any provision of this Regulation.
[30] Clause 216A
Insert after clause 216:
| 216A | Prohibition on commercial fishing in estuary prawn trawl fishery in certain waters |
Pursuant to section 20 (2) of the Act, it is declared that all estuarine waters other than the following estuaries are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers in the estuary prawn trawl fishery is prohibited:
(a) the Clarence River (excluding the waters of that river specified in the Table to clause 8A), (b) Lake Wooloweyah, (c) the Hunter River, (d) the Hawkesbury River, (e) Port Jackson.
[31] Clause 256A
Insert after clause 256:
| 256A | Prohibition on commercial fishing in ocean hauling fishery in certain waters | |
|
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class of commercial fishing that consists of the taking of fish by commercial fishers in the ocean hauling fishery is prohibited, subject to subclause (2).
(2)
The declaration under subclause (1) does not prohibit the use of any of the following nets from a boat in waters that are directly west of and adjacent to a headland:
(a) garfish net (hauling), (b) garfish net (bullringing), (c) pilchard, anchovy and bait net (hauling).
Table Waters in which ocean hauling is prohibited Region 1—Upper North Coast (the waters between the border of New South Wales and Queensland, and the parallel 29°15′ south latitude)
Location Description of waters Bogangar Beach The whole of the waters adjacent
to the beach from Norries Head
generally northwest along the
length of the beach for a distance
of 400m (identified by a group of
unnamed rocks).Crabbes Creek Beach (also The whole of the waters adjacent known as Golden Beach)
to the beach from the intersection of the beach and an extension of Gloria Street, generally south
along the beach for a distance of
approximately 2.67km to that
part of the beach adjacent to the
northern end of North Head
Road.
Brunswick River
The whole of the waters adjacent to the shoreline on both sides of the mouth of the Brunswick
River for a distance of 1,000m, as indicated by the signposts on the breakwall.
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Location Description of waters Watego’s Beach to Little The whole of the waters adjacent Watego’s Beach to the shoreline between
Fisherman’s Lookout and Cape
Byron.Broken Head
The whole of the waters adjacent to the shoreline between Cocked Hat Rock and Jews Point,
including Kings Beach, Brays
Beach and Whites Beach.Seven Mile Beach to Boulder The whole of the waters adjacent Beach to the shoreline between the
intersection of Seven Mile Beach
and an extension of Rutherford
St (indicated by the Lennox Head
boat channel) and Whites Head,
excluding the boat channel.Shelly Beach The whole of the waters adjacent
to the shoreline between Black
Head and Ballina Head.Airforce Beach
The whole of the waters adjacent to the shoreline from the northern Evans River breakwall generally north for a distance of 400m
(indicated by the 4WD access
track onto the beach).
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Region 2—Clarence (the waters between the parallel 29°15′ south latitude and the parallel 29°45′ south latitude)
Location Description of waters Woody Bay The whole of the waters adjacent
to the shoreline between the
northeasternmost extremity of
Woody Head and the post
marked “NSWF” on the
foreshore (near the western end
of the Woody Head camping
ground) approximately 300m
along the shoreline.Turners Beach to Pippi Beach The whole of the waters adjacent
to the shoreline between the
southern breakwall of the
Clarence River and the vehicle
access track on Pippi Beach
(approximately 700m south of
Yamba Point), including Turners
Beach, Yamba Beach and Pippi
Beach. The waters adjacent to
Convent Beach are excluded
from this prohibition.Angourie Bay to Rocky Point The whole of the waters adjacent (Lake Arragan entrance) to the shoreline between
Angourie Point and Rocky Point
(directly north of Red Cliff
Beach) including Angourie Bay,
Little Shelley Beach, Shelley
Beach and Plumbago Beach.
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Region 3—North Coast (the waters between the parallel
29°45′ south latitude and the parallel 31°44′ south latitude)
Location Description of waters Park Beach The whole of the waters adjacent
to the shoreline between
Macauleys Headland and a line
drawn east from the shoreline
passing through the northern-
most point of Little Muttonbird
Island (east of the entrance of
Coffs Creek).Hungry Head The whole of the waters adjacent
to the shoreline from the
southern training wall of the
Bellingen River for a distance of
1km travelling generally south
along the shoreline.Nambucca North Head The whole of the waters adjacent
to the shoreline between the
northern end of Beilbys Beach
and the southern end of Shelly
Beach (Cliffy Point).Forster Beach The whole of the waters adjacent
to the shoreline from the
southern side of the mouth of the
Nambucca River for a distance of
1km travelling generally
southwesterly along the
shoreline.Middle Beach and Grassy Beach The whole of the waters adjacent
to the shoreline between Scotts
Head and Grassy Head.
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Location Description of waters Smoky Cape The whole of the waters adjacent
to the shoreline between the
northwesternmost extremity of
Laggers Point, following the
shoreline to a point on South
Smoky Beach 3km generally
southwest from Smoky Cape
(that is, adjacent to Black
Rocks), including Little Bay,
Gap Beach and North Smoky
Beach.Hat Head The whole of the waters adjacent
to the shoreline from the
northernmost extremity of
Korogoro Point, following the
shoreline to a point on Killick
Beach 3km generally southwest
of the Jew Bite, including Gap
Beach, O’Connors Beach and
Third Beach.Crescent Head The whole of the waters adjacent
to the shoreline from Little
Nobby at the southern end of
Killick Beach for a distance
along that beach of 1km.North Shore Beach The whole of the waters adjacent
to the shoreline between the
easternmost extremity of Point
Plomer to a point on North Shore
Beach 3.5km generally north of
the wall travelling along the
beach at Pelican Point.
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Location Description of waters Port Macquarie to Middle Rock The whole of the waters adjacent Point to the shoreline between the
southern wall of the entrance to
the Hastings River and Middle
Rock Point (south of Lighthouse
Beach), including Town Beach,
Oxleys Beach, Rocky Beach,
Flynns Beach, Nobbys Beach,
Shelly Beach, Miners Beach and
Lighthouse Beach.Grants Beach The whole of the waters adjacent
to the shoreline between the
northern wall of Camden Haven
Inlet and a point on Grants Beach
1km along the beach.Note. Solitary Islands Marine Park of beaches) within the Solitary Islands Marine Park where hauling is prohibited. Refer to Schedule 1 to the Marine Parks Regulation 1999.
Region 4—Central (the waters between the parallel 31°44′ south latitude and the parallel 33°25′ south latitude)
Location Description of waters Crowdy Head to Wallabi Point The whole of the waters adjacent
to the shoreline between the
southwesternmost point of
Crowdy Head and Wallabi Point,
including the entrance to the
Manning River and Old Bar
Beach.Shelly Beach
The whole of the waters adjacent to the shoreline of Shelly Beach (north of Red Head and Black
Head Bay).
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Location Description of waters Wallis Lake entrance to Seven The whole of the waters adjacent Mile Beach
to the shoreline between the Wallis Lake entrance and the northern end of Seven Mile
Beach, including Forster Beach, Pebbly Beach, One Mile Beach, Burgess Beach, Lobster Pot
Beach and McBrides Beach. Boomerang Beach to Blueys The whole of the waters adjacent Beach to the shoreline between Pimply
Rock and Blueys Beach.Treachery Beach The whole of the waters adjacent
to the shoreline between
Treachery Head and Yagon
Gibber Headland.Bennetts Beach The whole of the waters adjacent
to the shoreline for 500m on
either side of Bennetts Beach
Surf Club.Fingal Beach The whole of the waters adjacent
to the shoreline between Fingal
Beach Surf Club and a point 1km
generally northeast along the
beach.Stockton Beach The whole of the waters adjacent
to the shoreline between the
sewerage treatment works and a
point 500m north of the Signa
shipwreck (a distance of
approximately 6.5km).
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Location Description of waters Nobbys Head to Nine Mile The whole of the waters adjacent Beach to the shoreline between the
southern breakwall at Nobbys
Head and the Waste Water
Treatment Works at Belmont on
Nine Mile Beach, including
Nobbys Beach, Newcastle
Beach, Bar Beach, Dixon Park
Beach, Merewether Beach,
Dudley Beach, Redhead Beach
and approximately 5km of Nine
Mile Beach.Deep Cave Bay The whole of the waters adjacent
to the shoreline between the
northern end of Moonee Beach
and Flat Rocks Point.Frazer Beach The whole of the waters adjacent
to the shoreline between the
easternmost point of Snapper
Point and the easternmost point
of Wybung Head. The area
includes Bongon Beach, Frazer
Beach, Gravelly Beach and
Deadmans Beach.Pebbley Beach The whole of the waters adjacent
to the shoreline between the
easternmost point of Norah Head
and the northernmost point of
Soldiers Point.
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Region 6—Upper South Coast (the waters between the parallel 34°20′ south latitude and the parallel 35°25′ south latitude)
Location Description of waters Coalcliff Beach
The whole of the waters adjacent to the beach (known as Coalcliff Beach) north of Coalcliff
Harbour. Scarborough Beach to Wombarra The whole of the waters adjacent Beach
to the shoreline between the rocks at the northern end of Scarborough Beach to the pool at
the southern end of Wombarra
Beach, including Noony’s Gulf.Austinmer Beach The whole of the waters adjacent
to the shoreline between the
southeasternmost extremity of
Bell’s Point and the pool at the
southern end of Austinmer
Beach.Boyds Beach The whole of the waters adjacent
to the shoreline between the
southernmost extremity of
Minnamurra Point and the
northwesternmost extremity end
of Cathedral Rocks.Culburra Beach The whole of the waters adjacent
to the shoreline between the
southern end of Greenwell Point
and the southeastern end of
Culburra Beach, including
Tilbury Cove.
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Location Description of waters Cudmirrah Beach to Monument The whole of the waters adjacent Beach
to the shoreline between the northern end of Cudmirrah Beach and the northern end of
Monument Beach. Note. Jervis Bay Marine Park
In addition to the prohibitions above, restrictions apply to ocean hauling
within Jervis Bay Marine Park. Refer to Schedule 1 to the Marine Parks
Regulation 1999.Region 7—Lower South Coast (the waters between the parallel 35°25′ south latitude and the New South Wales and Victoria border)
Location Description of waters Pebbly Beach
The whole of the waters adjacent to Pebbly Beach in Murramarang National Park.
Wimbie Beach to Rosedale The whole of the waters adjacent Beach to the shoreline between the
southern extremity of Wimbie
Beach and the northern extremity
of Rosedale Beach, including
Circuit Beach, Lilli Pilli Beach,
Mosquito Bay, Garden Bay,
Malua Bay, Pretty Point Bay and
McKenzies Beach.Bengello Beach The whole of the waters adjacent
to the shoreline between the
Moruya River breakwall and a
point 500m generally northeast
along Bengello Beach.Tarandore Point to Tuross Head The whole of the waters adjacent
to the shoreline between
Tarandore Point and Tuross
Head, including One Tree Beach.
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Location Description of waters Brou Beach (also known as The whole of the waters adjacent Wilson Hall Beach)
to the shoreline for 300m on each side of the first set of rocks south of the Lake Brou opening.
Mummaga Head to Glasshouse The whole of the waters adjacent Rocks to the shoreline between the
northeasternmost extremity of
Mummaga Head (Dalmeny) and
Glasshouse Rocks (south of
Narooma Beach), including
Joshs Beach, Yabbara Beach,
Duesburys Beach, Kianga Beach
(except between 1 May and 30
June in each year, both dates
inclusive), Carters Beach, Bar
Beach and Narooma Beach.Corunna Point to Boat Harbour The whole of the waters adjacent Point to the shoreline between the
southeasternmost extremity of
Corunna Point and the
southeasternmost extremity of
Boat Harbour Point, including
Mystery Bay.Blue Point to Breakaway Beach The whole of the waters adjacent
to the shoreline between the
northeasternmost extremity of
Blue Point and the southern end
of Breakaway Beach, including
Jack Common Beach and Beares
Beach.Armonas Bay Beach to Murrah The whole of the waters adjacent Head to the shoreline between the
northern extremity of Armonas
Bay and the southeastern
extremity of Murrah Head.
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Location Description of waters Goalen Head to Bunga Head The whole of the waters adjacent
to the shoreline between the
eastern extremity of Goalen
Head and the eastern extremity
of Bunga Head, including Bunga
Beach.Bengunnu Point to Picnic Beach The whole of the waters adjacent
to the shoreline between the
eastern extremity of Bengunnu
Point and the northern end of
Picnic Beach.Merimbula Beach The whole of the waters adjacent
to the shoreline between the
northern extremity of Merimbula
Beach and a point 500 metres
south along that beach.
[32] Clause 262 Region in which hauling nets may be used (class A endorsement)
Omit “(4) or” from clause 262 (3).
[33] Clause 262 (4)
Omit the subclause.
[34] Clause 262 (5)
Omit “In addition, in”. Insert instead “In”.
[35] Clause 262 (6)
Omit the definition of ocean hauling to a boat.
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[36] Clause 278A
Insert after clause 278:
| 278A | Conditions of endorsement |
An endorsement does not authorise the taking of any action, or the failure to take any action, in contravention of a condition of the endorsement.
[37] Clause 337A
Insert after clause 337:
| 337A | Contravention of condition of permit under Part 7 of Act |
A person who contravenes a condition of a permit issued under Part 7 of the Act is guilty of an offence.
Maximum penalty: 100 penalty units.
[38] Clause 339A
Insert after clause 339:
| 339A | Activities harmful to marine vegetation (section 205B of the Act) |
The following activities are prescribed for the purposes of section 205B of the Act:
(a) the hauling by any person of any net over, or adjacent to, a bed of strapweed seagrass (Posidonia australis) in estuarine waters, or any of the waters listed in clause 9 (1) of Schedule 1 to the Act, that are in a protected area, (b) the use by any person of an otter trawl net (prawns) over, or adjacent to, a bed of:
(i) strapweed seagrass (Posidonia australis), or (ii) eelgrass (Zostera capricorni), in estuarine waters in a protected area,
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| Fisheries Management (General) Amendment (Commercial Fishing and | 2003 No 18 |
| Miscellaneous Matters) Regulation 2003 | |
| Amendments | Schedule 1 |
(c) the hauling by any person of a prawn net (hauling) or seine net (prawns) over a bed of any other seagrass in a protected area, being a bed that is identified on a map approved by the Minister, published in the Gazette and held at an office of NSW Fisheries located in the region of the relevant seagrass bed.
[39] Clause 340D Fish Rock
Omit the clause.
[40] Schedule 5 Penalty notice offences
Omit the matter relating to sections 20, 200, 201 and 219 from Part 1.
Insert instead in numerical order of sections:
Section 20 (3) (a) $2,750 Section 20 (3) (b) $2,750 Section 20 (3) (c) $5,500 Section 200 (1) $5,500 Section 201 (1) $5,500 Section 204B (2) $5,500 Section 219 (1) (a) $5,500 Section 219 (1) (b) $5,500 Section 219 (1) (c) $5,500
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| 2003 No 18 | Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003 |
| Schedule 1 | Amendments |
[41] Schedule 5, Part 2
Insert in numerical order of clauses:
Clause 20B (2) $500 Clause 20B (3) $500 Clause 79A (2) $200 Clause 133B $200 Clause 337A $200 [42] Schedule 5, Part 2
Omit the matter relating to clause 340D.
BY AUTHORITY
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