Fisheries Management (General) Amendment (Prohibited Size Fish and Bag Limits) Regulation 2007 (NSW)
2007 No 374
New South Wales
Fisheries Management (General)
Amendment (Prohibited Size Fish and
Bag Limits) Regulation 2007
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.
IAN MACDONALD, M.L.C., Minister for Primary Industries
Explanatory note
The Fisheries Management (General) Regulation 2002 (the Principal Regulation) declares the minimum, maximum or range of sizes of fish that a person is prohibited from possessing or selling (known as a prohibited size fish requirement) and specifies the maximum quantities of fish that a person may take or possess at any time (known as a bag limit).
The object of this Regulation is to introduce new prohibited size fish requirements and bag limits, and change existing prohibited size fish requirements and bag limits, in relation to several species of fish.
An exemption from some of the new bag limits will apply in respect of licensed charter
fishing boat operations.
The Regulation also makes minor amendments to offences relating to the use of fishing gear
set out in the Principal Regulation, and introduces a new offence of using a gaff for the
purpose of taking fish in inland waters.
This Regulation is made under the Fisheries Management Act 1994, including sections
15 (1), 17 (1), 18 (1), 40 and 289 (the general regulation-making power).
| Published in Gazette No 98 of 3 August 2007, page 5340 | Page 1 |
| 2007 No 374 | Fisheries Management (General) Amendment (Prohibited Size Fish and |
| Clause 1 | Bag Limits) Regulation 2007 |
Fisheries Management (General) Amendment
(Prohibited Size Fish and Bag Limits) Regulation 2007
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management (General) Amendment
(Prohibited Size Fish and Bag Limits) Regulation 2007.
2 Commencement
This Regulation commences on 3 September 2007.
3 Amendment of Fisheries Management (General) Regulation 2002
The Fisheries Management (General) Regulation 2002 is amended as set out in Schedule 1.
| Fisheries Management (General) Amendment (Prohibited Size Fish and | 2007 No 374 |
| Bag Limits) Regulation 2007 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 9 Prohibited size fish
Omit “freshwater spiny crayfish known as Murray or Murrumbidgee
Crayfish” from clause 9 (2) (e).Insert instead “spiny crayfish, Murray or eastern freshwater”.
[2] Clause 9, Part 1 of Table 1
Insert the following in appropriate order:
Groper, blue, red or Achoerodus viridis 30 brown Flounders and Soles Species of Families 25 Bothidae,
Pleuronectidae,
Cynoglossidae and
SoleidaeMackerel, spanish Scomberomorus 75 commerson Mackerel, spotted Scomberomorus munroi 60 Mahi-mahi (or dolphin Coryphaena hippurus 60 fish) Perch, pearl Glaucosoma scapulare 30 Trevally, silver Pseudocaranx dentex 30
[3] Clause 9, Part 1 of Table 1
Omit “25” from Column 2 of the entry relating to Luderick.
Insert instead “27”.[4] Clause 9, Part 1 of Table 1
Omit the entry relating to Morwong, jackass fish. Insert instead:
Morwong, jackass Nemadactylus 30 macropterus
| 2007 No 374 | Fisheries Management (General) Amendment (Prohibited Size Fish and Bag Limits) Regulation 2007 |
| Schedule 1 | Amendments |
[5] Clause 9, Part 1 of Table 1
Omit “25” from Column 2 of the entry relating to Morwong, red or sea carp.
Insert instead “30”.[6] Clause 9, Part 1 of Table 1
Omit “28” from Column 2 of the entry relating to Morwong, rubberlip.
Insert instead “30”.[7] Clause 9, Part 1 of Table 1
Omit “60” from Column 2 of the entry relating to Yellowtail kingfish.
Insert instead “65”.[8] Clause 9, Part 3 of Table 1
Omit the entry relating to Cod, Murray.
Insert the following in appropriate order:
Cod, Murray Maccullochella peeli 50 (for fish in
possession or sold
before 30 November
2007)
55 (for fish in
possession or sold on or
after 1 December 2007
and before 1 December
2008)
60 (for fish in
possession or sold on or
after 1 December 2008)Eel, longfinned Anguilla reinhartdii 58 Eel, shortfinned Anguilla australis 30
[9] Clause 9, Part 4 of Table 1, heading
Insert “or estuarine” after “Freshwater”.
[10] Clause 9, Part 4 of Table 1
Omit the entry relating to Crayfish, Murray or freshwater spiny. Insert instead:
Spiny crayfish, Murray Euastacus spp. 9 or eastern freshwater
| Fisheries Management (General) Amendment (Prohibited Size Fish and | 2007 No 374 |
| Bag Limits) Regulation 2007 | |
| Amendments | Schedule 1 |
[11] Clause 9, Part 5 of Table 1
Omit the Part.
[12] Clause 12 Bag limits—possession of fish
Omit clause 12 (2). Insert instead:
(2) For the purposes of section 18 (1) of the Act, the possession limit of fish (of a species specified in Column 1 of Part 3 or 4 of the Table to this Division) is:
(a) when a person is in or on or adjacent to the waters specified opposite that species of fish in Column 2 of Part 3 or 4 of the Table, the quantity specified opposite that species of fish in Column 4, or (b) when a person is transporting or storing fish otherwise than while in or on or adjacent to waters, the quantity specified opposite that species of fish in Column 4 of Part 3 or 4 of the Table or, if different quantities of that species of fish are specified in relation to different waters, the lower or lowest quantity specified. (3) It is a defence to a prosecution for an offence against section 18 (2) of the Act that is constituted by transporting or storing fish, otherwise than while in or on or adjacent to waters, in a quantity that exceeds the possession limit of the fish, if the person charged proves that:
(a) the fish were taken from waters specified opposite the fish in Column 2 of Part 3 or 4 of the Table, and (b) the quantity of fish in the person’s possession did not exceed the possession limit for the fish that would have applied if the person had been in or on or adjacent to the waters from which they were taken.
[13] Clause 13 General bag limit
Omit clause 13 (2), and the notes at the end of clause 13 (1) and (2).
Insert instead:(2) For any species of native freshwater fish (other than invertebrates) not included in the Table to this Division:
(a) the daily limit of fish of that species is 10, and (b)
the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 10.
| 2007 No 374 | Fisheries Management (General) Amendment (Prohibited Size Fish and Bag Limits) Regulation 2007 |
| Schedule 1 | Amendments |
[14] Clause 14 Application of bag limits to commercial fishers
Insert after clause 14 (4):
(5) Subclause (4) is subject to the exemption for charter fishing
operations set out in clause 14A.
[15] Clause 14A
Insert after clause 14:
14A Application of bag limits to charter fishing boat operations
(1)
A daily limit or possession limit specified in this Division does not apply in relation to any charter fishing exempt fish that is in the possession of the master of a boat that is a licensed charter fishing boat, or an exempt charter fishing boat, if the fish were taken while on board the boat for use as bait in guided recreational charter fishing, and the fish is not taken or in possession for sale.
(2) In this clause:
charter fishing exempt fish means any of the following species
of fish:
(a) Australian anchovy, (b) garfish, except eastern sea garfish, (c) hardyhead and silverfish, (d) southern herring, (e) slimy mackerel, (f) maray (or round herring), (g) pilchard, (h) blue sprat (or bluebait), (i) sandy sprat (or whitebait), (j) yellowtail and jack mackerel. exempt charter fishing boat means a charter fishing boat in respect of which a licence under Part 4A of the Act is not required under clause 335.
guided recreational charter fishing means guided recreational
charter fishing of a kind referred to in clause 298.
licensed charter fishing boat means a charter fishing boat
licensed under Part 4A of the Act.Note. Clause 335 contains an exemption from licensing requirements for boats used prinicipally in Lord Howe Island waters.
| Fisheries Management (General) Amendment (Prohibited Size Fish and | 2007 No 374 |
| Bag Limits) Regulation 2007 | |
| Amendments | Schedule 1 |
[16] Division 3 of Part 2, Part 1 of Table (Bag limits)
Insert the following in appropriate order:
Anchovy, Australian Engraulis australis 50 Bonito, Australian Sarda australis 10 Flounders and Soles Species of Families 20 comprised wholly of Bothidae, any single species or a Pleuronectidae, combination of species Cynoglossidae and
Soleidae
Garfish, eastern sea Hyporhamphus australis 20 Garfish, except eastern
Species of Family 50 comprised wholly of sea garfish
Hemiramphidae
any single species or a combination of species
Hardyhead and
Species of Family 50 comprised wholly of Silverfish
Atherinidae
any single species or a combination of species
Herring, southern
Herklotsichthys 50 castelnaui Leatherjacket
Species of Family 20 comprised wholly of Monacanthidae
any single species or a combination of species
Mackerel, slimy
Scomber australasicus 50 Mahi-mahi (or dolphin
Coryphaena hippurus 10 (only 1 of which can fish) be longer than 110 cm)
Maray (or round Etrumeus teres 50 comprised wholly of herring)
any single species or a combination of species
Morwong, rubberlip (or Nemadactylus douglasii 10 grey morwong or blue
morwong)Morwong, jackass
Nemadactylus 10 macropterus Mullet
Species of Family 20 comprised wholly of Mugilidae
any single species or a combination of species
Pilchard
Sardinops 50 neopilchardus
| 2007 No 374 | Fisheries Management (General) Amendment (Prohibited Size Fish and Bag Limits) Regulation 2007 |
| Schedule 1 | Amendments |
Samsonfish and Seriola hippos and S. 5 comprised wholly of Amberjack dumerili any single species or a combination of species Scorpion fish, eastern Scorpaena cardinalis 5 red (or eastern red rock
cod)Sprat, blue (or bluebait) Spratelloides robustus 50 Sprat, sandy (or Hyperlophus vittatus 50 whitebait) Yellowtail and Trachurus spp. 50 comprised wholly of Mackerel, jack any single species or a combination of species
[17] Division 3 of Part 2, Part 1 of Table (Bag limits)
Omit “2 of each species” from Column 2 of the entry relating to Billfish (all species).
Insert instead “1 of each species”.
[18] Division 3 of Part 2, Part 1 of Table (Bag limits)
Omit the entry relating to Bream, black or southern. Insert instead:
Bream and Tarwhine Rhabdosargus sarba, 20 comprised wholly of Acanthopagrus australis any single species or a and A.butcheri combination of species
[19] Division 3 of Part 2, Part 1 of Table (Bag limits)
Omit “2” from Column 2 of the entry relating to Groper, blue, red or brown.
Insert instead “2 (with not more than one longer than 60 cm)”.[20] Division 3 of Part 2, Parts 1 and 2 of Table (Bag limits)
Omit “ssp” wherever occurring. Insert instead “spp”.
| Fisheries Management (General) Amendment (Prohibited Size Fish and | 2007 No 374 |
| Bag Limits) Regulation 2007 | |
| Amendments | Schedule 1 |
[21] Division 3 of Part 2, Part 1 of Table (Bag limits
Omit the entry relating to Sharks and rays. Insert instead:
Sharks and Rays (other All species (other than 5 comprised wholly of than wobbegong sharks) wobbegong sharks) any single species or a combination of species but with no more than one of each of the following:
(a) tiger shark, (b) mako shark, (c) blue shark, (d) hammerhead
shark (any
species),(e) whaler shark (any species).
[22] Division 3 of Part 2, Part 2 of Table (Bag limits)
Insert the following in alphabetical order:
Octopus All species 10 comprised wholly of
any single species or a
combination of speciesSaltwater nippers Callianassa and Alpheus 100 comprised wholly spp. of any single species or
a combination of speciesSoldier crab Species of Family 100 comprised wholly Mictyridae of any single species or
a combination of speciesSquid and Cuttlefish All species 20 comprised wholly of
any single species or a
combination of speciesWorms, except beach Species of class 100 comprised wholly worms Polychaeta of any single species or
a combination of species
| 2007 No 374 | Fisheries Management (General) Amendment (Prohibited Size Fish and Bag Limits) Regulation 2007 |
| Schedule 1 | Amendments |
[23] Division 3 of Part 2, Part 3 of Table (Bag limits)
Omit the entries relating to Australian bass and Estuary perch.
Insert instead:
Australian Macquaria Backed up 2 comprised 4 comprised bass and novemaculeata waters of wholly of a wholly of a Estuary and M. dams and single species single species perch colonorum impoundments or of a or of a combination combination of species of species All other 2 comprised 4 comprised waters of wholly of one wholly of one NSW species or of a species or of a combination combination of species of species (with not (with not more than more than one, of either one, of either species, being species, being longer than 35 longer than 35 cm) cm)
[24] Division 3 of Part 2, Part 4 of Table (Bag limits)
Omit the entry relating to Freshwater spiny crayfish.
Insert instead:
Spiny Euastacus All waters of 5 (only 1 of 10 (only 1 of crayfish, spp. NSW which can be which can be eastern longer than 12 longer than 12 freshwater cm) cm)
[25] Division 3 of Part 2, Part 4 of Table (Bag limits)
Insert in appropriate order:
Yabby Cherax spp. All waters of 200 200 NSW
[26] Clause 66 Set lines and hand held lines
Omit clause 66 (6). Insert instead:
(6) A person must not for the purpose of taking fish (other than
Atlantic salmon or trout) in any inland waters:
| Fisheries Management (General) Amendment (Prohibited Size Fish and | 2007 No 374 |
| Bag Limits) Regulation 2007 | |
| Amendments | Schedule 1 |
(a) use or lift more than 2 hand held lines, or (b) use or lift any line with more than 2 hooks or 3 treble hooks attached to a lure.
[27] Clause 67 Leaving hand held line unattended
Omit “10 metres” from clause 67 (1). Insert instead “50 metres”.
[28] Clause 76 Jagging or foul hooking of fish
Omit clause 76 (3). Insert instead:
(3) A person must not use a gaff for the purpose of taking fish from
any inland waters.
Maximum penalty: 25 penalty units.
[29] Clause 77 Taking of Atlantic salmon or trout
Omit “2 hooks attached” from clause 77 (2).
Insert instead “3 hooks attached”.[30] Schedule 5 Penalty notice offences
Insert in appropriate order in Part 2:
Clause 76 (3) $200
BY AUTHORITY
0
0
0