Fisheries Management (General) Regulation 1995 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation may be cited as the Fisheries Management (General) Regulation 1995.

2Commencement

This Regulation commences on the commencement of the Fisheries Management Act 1994.

3Definitions(1)

In this Regulation:

charter fishing boat has the meaning given by section 127A of the Act.

estuarine waters means waters ordinarily subject to tidal influence (other than ocean waters).

estuary general restricted fishery means the restricted fishery declared under Division 2C of Part 8.

estuary prawn trawl restricted fishery means the restricted fishery declared under Division 2D of Part 8.

fish protected from commercial fishing means fish declared by this Regulation to be protected from commercial fishing for the purposes of section 20 of the Act.

fisheries official means a fisheries officer or an officer of NSW Fisheries.

fishing business means a business that the Director determines to be a separate and identifiable fishing business (including any licensed fishing boat, fishing gear and catch history that is associated with that business).

haulingincludes casting and shooting any net with or without hauling lines.

high water mark means the mean line between approximate high water at spring tide and neap tide.

inland restricted fishery means the restricted fishery declared under Division 3A of Part 8.

inland waters means waters not subject to tidal influence.

ocean fish trawl restricted fishery means the restricted fishery declared under Division 2A of Part 8.

ocean hauling restricted fishery means the restricted fishery declared under Division 4A of Part 8.

ocean prawn trawl restricted fishery means the restricted fishery declared under Division 2 of Part 8.

ocean trap and line restricted fishery means the restricted fishery declared under Division 2B of Part 8.

ocean waters is defined in Schedule 1.

prohibited size class of fish means any species of fish referred to in Column 1 of Table 1 or Table 2 in Division 2 of Part 2.

protected fish means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act.

recognised fishing ground means an area identified (in accordance with Division 1 of Part 5) as a recognised fishing ground on a map deposited at an office of NSW Fisheries.

sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 8.

set linemeans 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.

set net means any net set in any waters for the purpose of taking fish and which is left unattended.

settingincludes fixing, placing and staking.

the Act means the Fisheries Management Act 1994.

the 1935 Act means the Fisheries Act 1935 (formerly the Fisheries and Oyster Farms Act 1935).

(2)

Notes included in this Regulation are explanatory notes and do not form part of this Regulation.

4The management plan for a fishery prevails over this Regulation

This Regulation is subject to section 62 of the Act.

Note—

Section 62 of the Act provides that if a provision of the management plan for a share management fishery is inconsistent with any other regulation under the Act or any fishing closure, the management plan prevails (unless the provision of the regulation or fishing closure is expressed to have effect despite the management plan).

Part 2Protected fish, prohibited size fish and bag limitsDivision 1Protected fish5Protected fish

For the purposes of section 19 of the Act, the species of fish listed in the Table to this clause are protected fish.

TableProtected fishPart 1Marine or estuarine species

Common name

Species

Ballina angelfish

Chaetodontoplus ballinae

Black rock cod (or saddle-tail rock cod)

Epinephelus daemelii

Eastern blue devil fish (or Bleekers devil fish)

Paraplesiops bleekeri

Elegant wrasse

Anampses elegans

Estuary cod

Epinephelus coioides

Giant Queensland groper

Epinephelus lanceolatus

Grey nurse shark

Carcharius taurus

Herbsts nurse shark

Odontaspis ferox

Weedy seadragon (or common seadragon)

Phyllopteryx taeniolatus

Part 2Freshwater species

Common name

Species

Australian grayling

Prototroctes maraena

Eastern freshwater cod

Maccullochella ikei

Isopod

Crenoicus harrisoni

Trout cod

Maccullochella macquariensis

Macquarie perch

Macquaria australasica

6Fish protected from commercial fishing

For the purposes of section 20 of the Act, the species of fish listed in the Table to this clause are protected from commercial fishing.

TableFish protected from commercial fishingPart 1Marine or estuarine species

Common name

Species

Marlin, black

Makaira indica

Marlin, blue

Makaira nigricans

Marlin, striped

Tetrapturus audax

Groper, blue, brown or red

Achoerodus viridis

Part 2Freshwater species

Common name

Species

Atlantic salmon

Salmo salar

Australian bass

Macquaria novemaculeata

Catfish, eel-tailed

Tandanus tandanus

Estuary perch

Macquaria colonorum

Freshwater crayfish

All species of the genera Euastacus andCherax except for the common yabby Cherax destructor

Silver perch

Bidyanus bidyanus

Trout, brook

Salvelinus fontinalis

Trout, brown

Salmo trutta

Trout, rainbow

Oncorhynchus mykiss

6ADefence—striped marlin

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 20 (3) of the Act (relating to sale of fish protected from commercial fishing) if:

  • (a)

    the fish is striped marlin, and

  • (b)

    the striped marlin was taken by a person while lawfully taking or attempting to take tuna for sale, by the method of long line (pelagic), minor line or pole fishing, under the authority of a permit issued under a law of the Commonwealth.

Division 2Prohibited size fish7Prohibited size fish(1)

For the purposes of section 15 (1) of the Act, a fish is a prohibited size fish if:

  • (a)

    in the case of a fish of a species specified in Column 1 of Table 1—the measurement of the fish is less than the minimum measurement specified opposite that species of fish in Column 2 of that Table, or

  • (b)

    in the case of a fish of a species specified in Column 1 of Table 2—the measurement of the fish is more than the maximum measurement specified opposite that species of fish in Column 2 of that Table.

(2)

For the purposes of section 15 (2) of the Act, the method of determining the measurement of any class of fish is as follows:

  • (a)

    except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail,

  • (b)

    in the case of abalone—the diameter of the shell is to be measured along its longest axis,

  • (c)

    in the case of crab (other than spanner crab)—the length of the crab is to be measured along the body from the notch between the most protruding frontal teeth to the centre of the posterior margin of the carapace,

  • (d)

    in the case of spanner crab—the length of the spanner crab is to be measured along the body from the base of the orbital notch to the centre of the posterior margin of the carapace,

  • (e)

    in the case of freshwater spiny crayfish known as Murray or Murrumbidgee Crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace,

  • (f)

    in the case of rock lobster—the length of the carapace of the rock lobster is to be measured along the straight line from the point of union of the second antennae to the centre of the posterior margin of the carapace (ignoring any hairs attached to the carapace),

  • (g)

    in the case of turban snail—the diameter of the shell is to be measured along its longest axis.

(3)

If a fish is frozen, refrigerated or chilled, the size of the fish is to be determined as so frozen, refrigerated or chilled.

Table 1Prohibited size fish (minimum measurements)Part 1(Fish—Marine or estuarine)

Column 1

Column 2

Common name

Species

Minimum measurement in centimetres

Blackfish, rock

Girella elevata

30

Bream, black or southern

Acanthopagrus butcheri

25

Bream, yellowfin

Acanthopagrus australis

25

Flathead, common or dusky

Platycephalus fuscus

36

Flathead, sand

Platycephalus caeruleopunctatus

33

Flathead, tiger

Platycephalus richardsoni

33

Luderick (or blackfish)

Girella tricuspidata

25

Morwong, jackass fish

Nemadactylus macropterus

28

Morwong, red or sea carp

Cheilodactylus fuscus

25

Morwong, rubberlip

Nemadactylus douglasii

28

Mullet, sea or bully

Mugil cephalus

30

Mulloway (or jewfish)

Argyrosomus hololepidotus

45

School shark

Galeorhinus galeus

91

Snapper

Pagrus auratus

30

Tailor

Pomatomus saltatrix

30

Tarwhine

Rhabdosargus sarba

20

Teraglin

Atractoscion aequidens

38

Yellowtail kingfish

Seriola lalandi

60

Whiting, sand or silver

Sillago ciliata

27

Part 2(Invertebrates—Marine or estuarine)

Column 1

Column 2

Common name

Species

Minimum measurement in centimetres

Abalone

Haliotis rubra

11.5

Crab, blue swimmer or sand

Portunus pelagicus

6

Crab, mud, black or mangrove

Scylla serrata

8.5

Crab, spanner

Ranina ranina

9.3

Lobster, eastern rock

Jasus verreauxi

10.4

Lobster, southern rock (male)

Jasus edwardsii

11

Lobster, southern rock (female)

Jasus edwardsii

10.5

Snail, Sydney turban

Turbo torquatus

7.5

Snail, military turban

Turbo militaris

7.5

Part 3(Fish—Freshwater or estuarine)

Column 1

Column 2

Common name

Species

Minimum measurement in centimetres

Catfish, eel-tailed

Tandanus tandanus

30

Cod, Murray

Maccullochella peeli

50

Perch, golden or yellow belly

Macquaria ambigua

30

Perch, silver

Bidyanus bidyanus

25

Trout, brook

Salvelinus fontinalis

25

Trout, brown

Salmo trutta

25

Trout, rainbow

Oncorhynchus mykiss

25

Salmon, Atlantic

Salmo salar

25

Part 4(Invertebrates—Freshwater)

Column 1

Column 2

Common name

Species

Minimum measurement in centimetres

Crayfish, Murray or freshwater spiny

Euastacus armatus

9

Part 5(Fish—General)

Column 1

Column 2

Common name

Species

Minimum measurement in centimetres

Eel, long finned

Anguilla reinhardtii

30

Eel, short finned

Anguilla australis

30

Table 2Prohibited size fish (maximum measurements)Part 1(Invertebrates—Marine or estuarine)

Column 1

Column 2

Common name

Species

Maximum measurement in centimetres

Lobster, eastern rock

Jasus verreauxi

20

8Defence—taking of mullet for bait

For the purposes of section 21 (d) of the Act, it is a defence to a prosecution for an offence under section 16 (1) of the Act (relating to possession of prohibited size fish) if:

  • (a)

    the prohibited size fish concerned are mullet, and

  • (b)

    the fish do not exceed 15 cm in measurement as determined in accordance with clause 7 (2) (a), and

  • (c)

    the fish have been lawfully taken by a person other than a commercial fisher, and

  • (d)

    the fish are live bait, and

  • (e)

    the person charged with the offence is in possession of no more than 20 of the prohibited size fish.

Division 3Bag limits9Bag limits—taking of fish(1)

For the purposes of section 17 (1) of the Act, the daily limit of fish (of a species specified in Column 1 of Part 1 or 2 of the Table to this Division) is the quantity specified opposite that species of fish in Column 2 of Part 1 or 2 of that Table.

(2)

For the purposes of section 17 (1) of the Act, the daily limit of fish (of a species specified in Column 1 of Part 3 or 4 of the Table to this Division) taken from waters specified opposite that species of fish in Column 2 of Part 3 or 4 of that Table is the quantity specified opposite that species of fish in Column 3 of Part 3 or 4 of that Table.

10Bag limits—possession of fish(1)

For the purposes of section 18 (1) of the Act, the possession limit of fish (of a species specified in Column 1 of Part 1 or 2 of the Table to this Division) is, when the person in possession of that species of fish is in or on or adjacent to any waters or is transporting or storing the fish, the quantity specified opposite that species of fish in Column 2 of Part 1 or 2 of that Table.

(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, when the person in possession of that species of fish is in or on or adjacent to the waters specified opposite that species of fish in Column 2 of Part 3 or 4 of that Table, the quantity specified opposite that species of fish in Column 4 of Part 3 or 4 of that Table.

10AGeneral bag limit(1)

For any species of marine or estuarine fish (including marine or estuarine invertebrates and tunicates) not included in the Table to this Division:

  • (a)

    the daily limit of fish of that species is 20, 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 20.

Note—

Examples of the species of fish to which this clause applies are squid, cuttlefish and octopus.

(2)

Subclause (1) does not apply to the following species of fish:

  • (a)

    all species of family Clupeidae (such as pilchards, whitebait, blue bait and herring),

  • (b)

    all species of family Engraulididae (such as anchovies),

  • (c)

    all Trachurus spp (such as yellowtail and jack mackerel),

  • (d)

    slimy mackerel (Scomber australasicus),

  • (e)

    all species of family Hemiramphidae (such as garfish),

  • (f)

    all species of family Atherinidae (such as hardy head),

  • (g)

    all species of family Mictyridae (such as soldier crabs),

  • (h)

    saltwater nippers (Callianassa and Alpheusspp),

  • (i)

    all species of worms.

Note—

Although this clause does not apply to worms, beach worms are the subject of a daily limit and possession limit of 20 under Part 2 of the Table to this Division.

11Application of bag limits and possession limits to commercial fishers(1)

A daily limit specified in this Division does not apply in respect of fish taken by a commercial fisher for sale.

(2)

A possession limit specified in this Division does not apply in respect of fish in the possession of a commercial fisher for sale.

(3)

However, those daily limits and possession limits do apply in respect of fish taken by, or in the possession of, a commercial fisher otherwise than for sale.

12Possession limits do not apply to persons in possession of fish for sale

A possession limit specified in this Division does not apply in respect of fish which is in the possession of a person for sale or which has previously been sold.

TableBag limitsPart 1(Fish—Marine or estuarine)

Column 1

Column 2

Common name

Species

Daily limit and possession limit

Bar cod

Bass grouper

Gemfish

Hapuka

Trevalla

Epinephelus, ergastularius

Polyprion americanus

Rexea solandri

Polyprion oxygenios

Hyperoglyphe antartica

5 comprised of any single species or a combination of species, with a maximum of 2 gemfish

Billfish (all species)

Species of Family Xiphiidae and Family Istiophoridae

2 of each species

Blackfish, rock

Girella elevata

10

Bream, black or southern

Bream, yellowfin

Acanthopagrus butcheri

Acanthopagrus australis

20 comprised wholly of black or southern bream or wholly of yellowfin bream or partly of each

Flathead, dusky or common

Platycephalus fuscus

10 (with not more than one longer than 70 cm)

Flathead, sand or eastern blue spot

Flathead, tiger

Flathead, all other

Platycephalus caeruleopunctatus

Platycephalus richardsoni

Platycephalus spp

20 comprised wholly of a single flathead species or a combination of species except for dusky or common flathead which are subject to a separate limit

Groper, blue, red or brown

Achoerodus viridis

2

Hairtail

Trichiurus lepturus

10

Kingfish, yellow tail

Seriola lalandi

5

Luderick (or blackfish)

Girella tricuspidata

20

Mackerel, spotted

Mackerel, spanish or narrow barred

Scomberomorus munroi

Scomberomorus commerson

5 comprised wholly of narrow barred or spanish mackerel or wholly of spotted mackerel or partly of each

Mangrove Jack

Lutjanus argentimaculatus

5

Morwong, banded

Cheilodactylus spectabilis

5

Morwong, red

Cheilodactylus fuscus

5

Mulloway

Argyrosomus hololepidotus

5 (with not more than 2 longer than 70 cms)

Perch, moses

Lutjanus russelli

5

Perch, pearl

Glaucosoma scapulare

5

Salmon, Australian

Arripis trutta

5

Sharks and rays

All species

5 comprised of any single species or a combination of species, with a maximum of 2 of any species of wobbegong shark

Snapper

Pagrus auratus

10

Surgeon, sawtail

Prionurus microlepidotus

5

Tailor

Pomatomus saltatrix

20

Teraglin

Atractoscion aequidens

5

Trevallies

Pseudocaranx dentex Caranx spp

20 comprised wholly of any single species or a combination of species

Tuna, albacore

Tuna, bigeye

Tuna, longtail

Tuna, southern bluefin

Tuna, yellowfin

Thunnus alalunga

Thunnus obesus

Thunnus tonggol

Thunnus maccoyii

Thunnus albacares

7 comprised of any single species or combination of species, of which no more than 2 can have a length of 90 cm or more and no more than 5 can have a length of less than 90 cm

Wahoo

Acanthocybium solandri

5

Whiting

Sillago spp

20 comprised of any single species or a combination of species

Part 2(Invertebrates and tunicates)

Column 1

Column 2

Common name

Species

Daily limit and possession limit

Abalone

Haliotis rubra

10

Beach worms

Species of Family Onuphidae

20

Cockle

Pipi

Mussel

Anadara spp

Donax deltoides

Mytilis edulis

50 comprised wholly of cockles or wholly of pipis or wholly of mussels or partly of each

Crab, blue swimmer

Portunus pelagicus

20

Crab, mud, black or mangrove

Scylla serrata

5

Crab, spanner

Ranina ranina

10

Crabs, all species other than blue swimmer, mud, black, mangrove, spanner, or soldier (Mictyris spp)

Species of Subclass Brachyura

10 comprised wholly of any single species or a combination of species

Cunjevoi

Pyura spp

20 comprised wholly of any single species or a combination of species

Lobster, eastern rock, or Lobster, southern rock

Jasus verreauxi

Jasus edwardsii

2 comprised wholly of any single species or a combination of those 2 species

Lobster, painted, or Lobster, ornate

Panulirus longipes

Panulirus ornatus

2 comprised wholly of any single species or a combination of those 2 species

Lobster, slipper (or flat)

Scyllarides spp

2

Oyster, Sydney rock

Oyster, Pacific

Oyster, flat or drift

Saccostrea commercialis

Crassostrea gigas

Ostrea angasi

50 comprised wholly of any single species or a combination of species

Molluscs except squid, octopus and cuttlefish (Class Cephalopoda) and any other mollusc referred to in this Table

Species of Phylum Mollusca

20 comprised wholly of any single species or a combination of species

Prawns

Species of Family Penaeidae and Macrobrachium spp

10 litres

Scallops

Species of Family Pectinidae

50 (except where Division 4 of this Part applies)

Sea urchin

Species of Class Echinoidea

10 comprised wholly of any single species or a combination of species

Part 3(Fish—Freshwater or estuarine)

Column 1

Column 2

Column 3

Column 4

Common name

Species

Waters

Daily limit

Possession limit

Murray cod

Maccullochella peeli

All waters of NSW

2

4 (only 1 of which can be longer than 100cm)

Golden perch

Macquaria ambigua

All waters of NSW

5

10

Silver perch

Bidyanus bidyanus

Waters from which silver perch may lawfully be taken

5

10

Note—

The taking of silver perch from all waters (other than backed up waters of dams and impoundments) is prohibited by fishing closure under section 8 of the Act (published in the Gazette of 6 February 1998).

Catfish, eel-tailed

Tandanus tandanus

Backed up waters of dams and impoundments

5

10

All other waters of NSW

2

4

Australian bass

Estuary perch

Macquaria novemaculeata

Macquaria colonorum

Backed up waters of dams and impoundments

2 comprised wholly of Australian bass or wholly of estuary perch or partly of each

4

All other waters of NSW

2 comprised wholly of Australian bass or estuary perch or partly of each (only 1 of which can be longer than 35 cm)

4 comprised of a combination of Australian bass and estuary perch (only 1 of which can be longer than 35 cm)

Atlantic salmon

Trout, brook

Trout, brown

Trout, rainbow

Salmo salar

Salvelinus fontinalis

Salmo trutta

Oncorhynchus mykiss

All waters of NSW

10 comprised of any single species or a combination of species

20 comprised of a combination of species

Part 4(Invertebrates—Freshwater)

Column 1

Column 2

Column 3

Column 4

Common name

Species

Waters

Daily limit

Possession limit

Freshwater spiny crayfish (including Murray crayfish)

Euastacus spp

All waters of NSW

10

20

Note—

A scientific name for a fish specified in this Table is the scientific name of the species as at the date the name of the fish was inserted in the Table.

Division 4Special provisions relating to scallops13Definitions

In this Division:

approved sack means a sack that does not exceed 1,030 mm in length and 580 mm in width.

approved crate means a plastic crate the internal dimensions of which do not exceed 673 mm in length, 400 mm in width and 276 mm in depth.

14Scallops taken by means of a dredge must be placed in approved sack or crate(1)

A commercial fisher who takes scallops by means of a dredge or similar device from a boat must:

  • (a)

    immediately after taking the scallops, place them in approved sacks or approved crates, and

  • (b)

    not remove the scallops from the approved sacks or approved crates in which they are placed until they are landed ashore.

Maximum penalty: 50 penalty units.

(2)

A commercial fisher must not place scallops taken by means of a dredge or similar device from a boat in both sacks and crates on the boat.

Maximum penalty: 50 penalty units.

15Bag limits—scallops taken by means of a dredge(1)

For the purposes of section 17 (1) of the Act, when scallops are taken by means of a dredge or similar device or by a combination of dredges and similar devices from a boat, the daily limit of scallops is whichever of the following applies:

  • (a)

    if the scallops are placed in sacks—30 approved sacks of scallops,

  • (b)

    if the scallops are placed in crates—48 approved crates of scallops.

(2)

For the purposes of section 18 (1) of the Act, when a commercial fisher in possession of scallops is in a boat containing a dredge or similar device capable of taking scallops, the possession limit of scallops for that fisher is whichever of the following applies:

  • (a)

    if all scallops on the boat are in approved sacks (whether wholly or partly filled)—30 approved sacks, less the number of approved sacks containing scallops that are on the boat and are not in that person’s possession,

  • (b)

    if all scallops on the boat are in approved crates (whether wholly or partly filled)—48 approved crates, less the number of approved crates containing scallops that are on the boat and are not in that person’s possession,

  • (c)

    in any other case—nil.

(3)

For the purposes of section 18 (1) of the Act, when a person in possession of scallops is not a commercial fisher and is on a boat containing a dredge or similar device capable of taking scallops, the possession limit of scallops for that person is nil.

Part 3Fishing gearDivision 1Lawful use of fishing gear generallyNote—

Under section 24 of the Act it is 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. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.

16Fishing gear cannot be used in circumstances where fishing prohibited(1)

A provision of this Part that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect any prohibition or conditions imposed by or under the Act with respect to the taking of fish.

(2)

In particular, nothing in this Part is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for any of the following:

  • (a)

    the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,

  • (b)

    the taking of fish that are prohibited size fish or protected fish,

  • (c)

    the taking for sale of fish protected from commercial fishing.

17Lawful use of fishing gear in restricted fisheries(1)

For the purposes of this Part, a person who holds a commercial fishing licence that does not authorise the person to take fish for sale in a restricted fishery or a share management fishery is to be treated, in respect of that fishery, as a person who is not a commercial fisher.

(2)

Accordingly, despite the other provisions of this Part, it is unlawful for such a person to use a net or trap for taking any fish in that restricted fishery or share management fishery if the use of that net or trap for taking those fish would, if the person were not a commercial fisher, be unlawful.

(3)

This subclause applies if a restricted fishery or share management fishery is defined by reference to the use of a particular net or trap. If it is unlawful for a commercial fisher to use such a net or trap to take fish for sale in the fishery, it is unlawful for the fisher to use the net or trap to take fish for bait in the fishery.

(4)

Subclause (3) does not apply to the use of a pilchard, anchovy and bait net (hauling) to take fish for bait in the ocean hauling restricted fishery (within the meaning of Division 4A of Part 8).

18Use of nets and traps prohibited in certain waters (Brisbane Waters, Port Hacking etc)(1)

Despite the other provisions of this Part, it is unlawful for a person to use a net for the purpose of taking fish in any of the waters described in Schedule 2 unless:

  • (a)

    the person is using a net that is a landing net or a dip or scoop net for the purpose of taking fish and the use of that net by the person for taking those fish from those waters is, but for this clause, lawful, or

  • (b)

    the person is using a net that is a prawn net (set pocket) for the purpose of taking fish from the waters described in Schedule 3 and the use of that net by the person for taking those fish from those waters is, but for this clause, lawful.

(2)

Despite the other provisions of this Part, it is unlawful for a person to use a trap for the purpose of taking fish in any of the waters described in Schedule 2 unless:

  • (a)

    the person is using a trap that is a bait trap for the purpose of taking fish and the use of that trap by the person for taking those fish from those waters is, but for this clause, lawful, or

  • (b)

    the person is using a trap that is a lobster trap for the purpose of taking fish from the waters of Broken Bay south of a line between Little Box Head and the northern most point of Mt Ettalong and the use of that trap by the person for taking those fish from those waters is, but for this clause, lawful.

(3)

A fishing closure to which clause 4 of Schedule 7 to the Act applies (being a fishing closure which was formerly a prohibition contained in section 19 of the 1935 Act) is revoked.

Division 2Registration19Registration of fishing gear

For the purposes of section 22 of the Act, the following classes of fishing gear are registrable:

  • hauling net (general purpose)

  • trumpeter whiting net (hauling)

  • garfish net (bullringing)

  • garfish net (hauling)

  • pilchard, anchovy and bait net (hauling)

  • purse seine net

  • prawn net (hauling)

  • prawn net (set pocket)

  • prawn running net

  • seine net (prawns)

  • otter trawl net (fish)

  • danish seine trawl net (fish)

  • meshing net

  • flathead net

  • bait net

  • lampara net

  • hand-hauled prawn net

  • push or scissors net (prawns)

20Applications for registration

An application for registration of fishing gear is to be made to the Director in a form approved by the Director.

21Registration(1)

If an application for the registration of fishing gear is duly made and the fishing gear may lawfully be used, the Director may register the fishing gear.

(2)

Registration of fishing gear is to be certified in such form or manner as the Director approves.

(3)

Registration remains in force for the life of the fishing gear.

(4)

The fee to be paid for the registration of fishing gear is $22.

(5)

Registration is not transferable.

(6)

The Director may cause to be compiled a register of all fishing gear registered, containing in respect of each fishing gear the registration number, the name and address of the owner, the class of the fishing gear and the dimensions and mesh of the whole or of each part of the fishing gear.

Division 3Lawful commercial nets22Application of Division

The nets described in this Division may be lawfully used only by a commercial fisher, except for a beach safety meshing net which may be lawfully used only by an officer of NSW Fisheries or a person acting on behalf of the Director.

Note—

Under section 24 of the Act it is an offence for a person to use a net 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.

23Hauling net (general purpose)(1)

It is lawful to use a hauling net for taking fish in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description as 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)

    In waters (other than ocean waters and sea beaches):

    • (i)

      the bunt of the net is in the centre of the net, and

    • (ii)

      the net has 2 wings of equal length.

  • (d)

    In ocean waters and sea beaches, the bunt of the net:

    • (i)

      is in the centre of the net and the net has 2 wings of equal length, or

    • (ii)

      is located between the end of the net first cast or shot and the centre of the net.

  • (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)

      2,100 metres in length in the waters of St Georges Basin between 1 July and 30 September in any year, or

    • (ii)

      190 metres in length in the waters of that part of the entrance to Wallaga Lake (together with all its inlets and tributaries) extending seawards from the bridge and embankment on the Narooma–Bermagui Road to the Pacific Ocean.

  • (g)

    In the waters of the Wonboyn River or any other coastal lake or lagoon, the net is not landed by any method other than against a stake or back net (the total length of which does not exceed 50 metres with a mesh throughout of not less than 25 mm).

  • (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.

  • (i)

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

  • (j)

    The net is not used for taking garfish in waters other than ocean waters.

  • (k)

    The net is operated by at least 2 commercial fishers.

(2)

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

TableHauling net (general purpose)

1

  • (a)Waters

    St Georges Basin; Lake Macquarie; Watson Taylor’s Lake; Queen’s Lake; Tuggerah Lakes; Wallis Lake (excluding Wollomba, Wallingat, Cooloongolok and Wang Wauk Rivers).

  • (b)Description of net

    Total length not exceeding 1,000 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 50 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 50 mm; mesh of wings not less than 80 mm.

2

  • (a)Waters

    That part of Wallaga Lake extending upwards from the bridge and embankment on the Narooma–Bermagui Road; the Broadwater of the Clarence River; Lake Innes; Smiths Lake; Myall Lake; Booloombayt Lake; the Broadwater of Myall Lakes; Lake Illawarra.

  • (b)Description of net

    Total length not exceeding 725 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 50 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 50 mm; mesh of wings not less than 80 mm.

3

  • (a)Waters

    Terranora and Cobaki Broadwaters (Tweed River); Clarence River; those parts of the Hastings River and Limeburner’s Creek lying between a line drawn northeast from the northernmost extremity of King’s Point to the point where the southerly prolongation of the western boundary of Portion 3, Parish of Torrens, County of Macquarie meets the northern bank of the river, and a line drawn south from the southwestern corner of Portion 72, Parish of Torrens to the southern bank of Limeburner’s Creek; that part of the Ana-Branch of Hastings River lying between the westerly prolongation of the northern boundary of Portion 31, Parish of Redbank, County of Macquarie and a line drawn from the northeastern corner of Portion 54, Parish of Redbank to the southwestern corner of Portion 14, Parish of Redbank; Wollumboola Lake; Conjurong or Conjola Lake (including Berringer Lake); Coila Lake; Tuross Lake; Mummuga or Dalmeny Lake; Cuttagee Lake; Murrah Lake; Wapengo Lake; Nelson Lake; Curola Lake; Merimbula Lake; Wallagoot Lake.

  • (b)Description of net

    Total length not exceeding 450 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 50 mm; remainder of bunt not exceeding 50 metres in length, of mesh of not less than 50 mm; mesh of wings not less than 80 mm.

4

  • (a)Waters

    Durras Water.

  • (b)Description of net

    Total length not exceeding 375 metres; mesh throughout not less than 80 mm.

5

  • (a)Waters

    That part of the entrance to Wallaga Lake, together with all its inlets and tributaries extending seawards from the bridge and embankment on the Narooma–Bermagui Road to the Pacific Ocean.

  • (b)Description of net

    Total length not exceeding 375 metres; mesh throughout not less than 80 mm.

6

  • (a)Waters

    That part of the Wagonga River and its tributaries westward of a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head.

  • (b)Description of net

    Total length not exceeding 375 metres; mesh throughout not less than 80 mm (this net must be used only for the taking of Australian salmon (Arripis trutta) or of species of mullet included in the family mugilidae).

7

  • (a)Waters

    Ocean waters and sea beaches.

  • (b)Description of net
    • (i)

      from 1 March to 31 July in each year—Total length not exceeding 400 metres; length of bunt not exceeding one-third of the total length of net; mesh of bunt not less than 50 mm nor more than 65 mm; mesh of wings not less than 65 mm nor more than 86 mm.

    • (ii)

      during any other period—Length of bunt not exceeding one-third of the total length of net; mesh of bunt not less than 50 mm; mesh of wings not less than 80 mm.

8

  • (a)Waters

    All other waters (except inland waters).

  • (b)Description of net

    Total length not exceeding 375 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 50 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 50 mm; mesh of wings not less than 80 mm.

24Trumpeter whiting net (hauling)(1)

It is lawful 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 as set out in relation to those waters in that Table and the following conditions are complied with:

  • (a)

    The net is used only as a sunk net.

  • (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)

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

TableTrumpeter whiting net

1

  • (a)Waters

    That part of Port Stephens east of a line drawn from Fame Point to Soldier’s Point, but excluding that part of Port Stephens and the Myall River north of a line drawn from the southern extremity of Orungall Point to the southern extremity of Myall Point.

  • (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, bunt 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.

25Garfish net (bullringing)(1)

It is lawful to use a net for taking garfish in the waters specified in the Table to this clause if the net complies with the description as 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 vessel, 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)

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

TableGarfish net (bullringing)

1

  • (a)Waters

    Clarence River (excluding inland waters).

  • (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 (excluding inland waters).

  • (b)Description of net

    Total length not exceeding 550 metres; mesh throughout not less than 28 mm nor more than 36 mm.

3

  • (a)Waters

    All other waters (except inland waters).

  • (b)Description of net

    Total length not exceeding 275 metres; mesh throughout not less than 28 mm nor more than 36 mm.

26Garfish net (hauling)(1)

It is lawful 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 as 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)

    In offshore ocean waters, the net is not landed by any method other than onto the tray of the boat.

(2)

It is also lawful to use a hauling net for taking any other 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)

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

TableGarfish net (hauling)

1

  • (a)Waters

    That part of Port Jackson bounded by a line westerly from Green or Laings Point to Georges Head, by a line northwesterly from the northern extremity of Middle Head to Grotto Point and by a line northeasterly from Dobroyd Point to Manly Point; that part of Broken Bay bounded by a line westerly from Box or Hawk Head to Green Point, by a line from the most eastern extremity of Middle Head to the most northern extremity of West Head and by a line northeasterly from Soldier’s Point to Sand Point; that part of Botany Bay eastward of a line drawn from the western extremity of Bonna Point to the eastern extremity to the southern break wall of the Cooks River entrance; 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 southwestern corner of Oyster Farm No 83–361, and a line from the last mentioned point to Myall Point; that part of Jervis Bay within New South Wales, together with all the bays and beaches of that part, generally westerly from a line drawn between Point Perpendicular and Bowen Island.

  • (b)Description of net

    Mesh of not less than 28 mm nor more than 36 mm.

2

  • (a)Waters

    Ocean waters and sea beaches.

  • (b)Description of net

    Mesh of not less than 28 mm nor more than 85 mm.

27Pilchard, anchovy and bait net (hauling)(1)

It is lawful to use a hauling net for taking pilchards, anchovies, common or slimey mackerel or other fish (but not including garfish, prawns or a prohibited size class of fish) in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description as 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, if used in Port Jackson, is not landed in any manner other than on to the tray of a boat.

(2)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a pilchard, anchovy and bait net (hauling).

TablePilchard, anchovy and bait net (hauling)

1

  • (a)Waters

    Ocean waters and sea beaches.

  • (b)Description of net

    Mesh throughout of not less than 13 mm.

2

  • (a)Waters

    Port Jackson.

  • (b)Description of net

    Total length not exceeding 250 metres; length of each wing not exceeding 90 metres, mesh throughout not less than 80 mm; length of bunt not exceeding 60 metres, mesh throughout not less than 50 mm nor more than 65 mm; length of bag not exceeding 12 metres, mesh throughout not more than 30 mm; length of cod-end not exceeding 6 metres, mesh throughout not more than 25 mm; length of each hauling line not exceeding 125 metres.

28Purse seine net(1)

It is lawful to use a purse seine net for taking fish (other than garfish, kingfish, prawns, tuna or a prohibited size class of fish) in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table.

(2)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a purse seine net.

TablePurse seine net

1

  • (a)Waters

    Twofold Bay and Jervis Bay.

  • (b)Description of net

    Total length not exceeding 275 metres.

2

  • (a)Waters

    Ocean waters.

  • (b)Description of net

    Mesh throughout not more than 150 mm.

29Prawn net (hauling)(1)

It is lawful 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 as 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 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.

(2)

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 plane to the extremity of the net not exceeding 2 metres; mesh not less than 30 mm nor more than 36 mm.

(3)

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

(4)

For the purposes of this Regulation 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 (2) may be referred to as a try net (prawns).

TablePrawn net (hauling)

1

  • (a)Waters

    Tuggerah Lakes (other than that part described in Schedule 2).

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 140 metres.

2

  • (a)Waters

    Lake Illawarra (other than that part described in Schedule 2).

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 220 metres.

3

  • (a)Waters

    Botany Bay, Georges River, Shoalhaven River and St Georges Basin.

  • (b)Description of net

    Total length not exceeding 90 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 220 metres.

4

  • (a)Waters

    Lake Macquarie, together with all its inlets, bays, creeks and tributaries within the following boundaries: commencing at the southernmost extremity of Wangi Wangi Point, and bounded then by a straight line to the northernmost extremity of Galgabba or Stony Point, by the foreshore generally northerly to a point distant about 1,000 metres southerly from the southern point of the junction of the waters of the entrance with those of the lake, then by a line drawn west about 800 metres, then by a line drawn northerly to a point about 800 metres west of the western extremity of Marks Point and then by that line to Marks Point, and then by the eastern, northern and western shore of Lake Macquarie and its tributaries to the point of commencement.

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 65 metres.

5

  • (a)Waters

    Myall Lakes, Booloombayte Lakes, the Broadwater (Myall Lakes) and Smith’s Lake.

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 130 metres.

6

  • (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 by the high water mark of Wallis Lake to the point of commencement.

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 140 metres.

7

  • (a)Waters

    Port Jackson (including the Parramatta and Lane Cove Rivers and Middle Harbour).

  • (b)Description of net

    Total length not exceeding 60 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 130 metres.

8

  • (a)Waters

    Wallagoot Lake and Blackfellows Lake.

  • (b)Description of net

    Total length not exceeding 90 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 190 metres.

9

  • (a)Waters

    Coila Lake and Wallaga Lake.

  • (b)Description of net

    Total length not exceeding 75 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 130 metres.

10

  • (a)Waters

    Tweed River and Terranora Inlet.

  • (b)Description of net

    Total length not exceeding 40 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 220 metres.

11

  • (a)Waters

    Any other waters (except inland waters, the Manning River and the waters described in the Table to clause 30A).

  • (b)Description of net

    Total length not exceeding 40 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 130 metres.

30Prawn net (hauling): Manning River(1)

It is lawful to use a hauling net for taking prawns in the Manning River if the net (including hauling lines) complies with the description set out in subclause (2) and the conditions set out in subclauses (3), (4) and (5) 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 throughout must not be less than 30 mm nor more than 36 mm.

  • (c)

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

  • (d)

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

  • (e)

    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.

(3)

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

(4)

The net must be shot and hauled as follows:

  • (a)

    One end of the hauling line run on the first leg to the net must be:

    • (i)

      attached to a fixed point on shore, or

    • (ii)

      anchored ashore, or

    • (iii)

      attached to an unpowered boat which itself is secured on shore.

  • (b)

    The line must then be cast 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 and hauling of the net have commenced, they 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 fish taken in the net to escape.

  • (g)

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

(5)

The net must be operated in accordance with the determination (if any) by the fisheries officer for the time being charged with the supervision of the Manning River as to the number of commercial fishers to constitute the crew operating the net.

(6)

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

30APrawn net (hauling): Wallis Lake(1)

It is lawful to use a hauling net for taking prawns in the waters described 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 conditions set out in this clause are complied with.

(2)

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

(3)

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. There must be no motor in or on the boat. The boat must not contain any rope other than the mooring line and a maximum of 200 metres of hauling rope.

  • (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 fish taken in the net to escape.

  • (g)

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

(4)

The net must be operated in accordance with the determination (if any) by the fisheries officer for the time being charged with the supervision of the waters in which the net is being used as to the number of commercial fishers to constitute the crew operating the net.

(5)

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

TablePrawn net (hauling): Wallis Lake

1

  • (a)Waters

    That part of the 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 throughout not less than 30 mm nor more than 36 mm; no attachments except spreader poles and hauling lines; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be affixed 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 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 throughout not less than 30 mm nor more than 36 mm; no attachments except spreader poles and hauling lines; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be affixed 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.

31Prawn net (set pocket)(1)

It is lawful to use a set pocket net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions (in addition to those in subclause (2), if applicable) are complied with:

  • (a)

    The net is used only by the method of setting.

  • (b)

    Hauling lines are not attached to the net.

  • (c)

    The net must not be left unattended during the period it is set.

(2)

If the net is used in the waters of the Clarence River, the following additional conditions must be complied with:

  • (a)

    The net must not be used in conjunction with a moored boat with the engine running unless the boat is licensed and is owned by a commercial fisher, or by a member of the crew of a commercial fisher, by whom or by which the net is being used.

  • (b)

    A person must not use a prawn net except during the following periods:

    • (i)

      on weekends during the dark (that is, the period commencing 3 days after a full moon and ending 3 days after the next new moon),

    • (ii)

      from sunset to sunrise on week days between 1 August in any year and 31 May in the next year,

    • (iii)

      from sunrise to sunset on week days between 1 December in any year and 31 May in the next year.

  • (c)

    Except in the area known as the South Arm Rocks:

    • (i)

      the inside peg of the net must not be set further than 5 metres from low-water mark, and

    • (ii)

      all pegs used in connection with the net must be painted white and show at least 1 metre above high-water mark.

  • (d)

    The net must be kept clear of the water when it is not in use.

(3)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (set pocket).

TablePrawn net (set pocket)

1

  • (a)Waters

    That part of the Myall River from the junction of the Myall River with the Broadwater downstream to the road bridge between Tea Gardens and Hawk’s Nest.

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm.

2

  • (a)Waters

    Those parts of Wallis Lake included within the following boundaries: (i) the whole of that part of Wollomba Channel in Wallis Lake within the following boundaries: commencing at the line of high-water mark at the southern point of the entrance to Wollomba River, and bounded then by a straight line southerly to the northern shore of First Island at the southeastern foreshore corner of Oyster Farm No 77–3, by the northern shore of that island easterly to its extremity, and by a straight line southeasterly to the high-water mark of the northern shore of Cockatoo Island (being a point about 180 metres southwesterly from the southeastern foreshore corner of Oyster Farm No 78–44), by the northern shore of that island generally easterly to the eastern foreshore corner of Oyster Farm No 74–138, then by a straight line northeasterly to the northern shore of Grassy Island at the most northerly southeastern foreshore boundary of Oyster Lease No 59–361, by the northern shore of that island easterly to its most eastern point, by a straight line north-northwesterly to the eastern extremity of Long Island, by the southern shore of that island generally westerly to its western extremity, by a straight line southwesterly to the eastern extremity of Sandy Island (such point being the most easterly foreshore corner of Oyster Farm No 74–24), by the southern shore of that island generally westerly to its most western point, and then by a straight line westerly to the point of commencement; (ii) the whole of that part of Bulmer’s Channel in Wallis Lake within the following boundaries: commencing at the northeastern corner of Oyster Lease No 77–270 at the western end of Godwin Island, and bounded then by a straight line drawn west-northwesterly to the northeastern corner of Oyster Farm No 72–11 on Cockatoo Island, by the southern shore of that island generally westerly to its most western point, by a line southeasterly to the most eastern point of Northern Twin Island, by a line south-southwesterly to the most eastern foreshore corner of Oyster Farm No 76–112, by the southeastern shore of that island generally southwesterly to the most eastern foreshore corner of Oyster Farm No 68–31, by a straight line south-southwesterly to the high-water mark of Wallis Island at the westerly prolongation of the northern boundary of Portion 206, Parish of Forster, by the high-water mark of that island generally northeasterly and southeasterly to the southeastern foreshore corner of Oyster Farm No 71–360, section 1, and then by a line northeasterly to the point of commencement; (iii) the whole of that part of Stockyard Channel in Wallis Lake within the following boundaries: commencing at the northeastern corner of Oyster Lease No 77–270 at the western end of Godwin Island, and bounded then by a straight line drawn southwesterly to the southeastern foreshore corner of Oyster Farm No 71–360, section 1, on Wallis Island, by the high-water mark of that island generally southeasterly and southerly to the easterly prolongation of the southern boundary of Portion 221, Parish of Forster, by a straight line easterly to the most southerly corner of Oyster Farm No 73–253, by a straight line northeasterly to the southeastern foreshore corner of Oyster Farm No 73–216 on the southern end of Hadley Island, by the high-water mark of that island generally northwesterly and northeasterly to its northern extremity, by a line northerly to the northeastern foreshore corner of Oyster Farm No 70–245 on the southern shore of Godwin Island, by the high-water mark of that island generally westerly, northwesterly, southwesterly and northerly to the northeastern corner of Oyster Farm No 67–203, by a straight line westerly to the most western northeastern foreshore corner of Oyster Lease No 81–43, and again by the high-water mark of Godwin Island generally southerly, westerly, northerly, southwesterly and northwesterly to the point of commencement.

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm.

3

  • (a)Waters

    The whole of Queen’s Lake Entrance within the following boundaries: commencing at the northeastern corner of Oyster Farm No 81–179, and bounded then by a line northerly to the western bank of Queen’s Lake Entrance, by the western bank generally northwesterly to the western foreshore corner of Oyster Farm No 83–95, by a line southwesterly to the eastern foreshore corner of Oyster Farm No 67–6, by the foreshore generally southwesterly to the eastern foreshore corner of Oyster Farm No 70–198, by a line drawn northeasterly through the most westerly point of an island at the western entrance to Queen’s Lake Entrance, to the northern bank of Queen’s Lake Entrance, then easterly and southerly, following the eastern bank of Queen’s Lake Entrance generally southeasterly to a point east of the northeastern corner of Oyster Farm No 81–179, and then by a line to the point of commencement.

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm.

4

  • (a)Waters

    That part of Watson Taylor Lake within the following boundaries: commencing at the northern point of Benson Inlet, then north along the eastern shore of Watson Taylor Lake to the northwestern corner of Portion 150, Parish of Camden Haven, County of Macquarie, then westerly to the northeast corner of Portion 70, Parish of Camden Haven, County of Macquarie, then southwest along the shore of Camden Haven Inlet and Moore’s Island to the southwest tip of Moore’s Island, then southwest to the northern corner of Grassy Island to the island’s most southerly point, and then to the point of commencement.

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm.

5

  • (a)Waters

    Those parts of Tuggerah Lakes and Lake Illawarra (and ocean waters adjoining) described in Schedule 3.

  • (b)Description of net

    Total length not exceeding 5 metres; mesh throughout not less than 30 mm nor more than 36 mm.

6

  • (a)Waters

    That part of Cathie Creek within the following boundaries: the whole of that part of Cathie Creek north of a line bearing 110 degrees across the creek from a post (marked F^D) on the western bank of the creek to a Ti-tree (marked F^D) on the eastern bank of the creek, situated about 500 metres upstream from the Pacific Ocean.

  • (b)Description of net

    Total length not exceeding 10 metres; length of pocket, from cod-end to cork line, not exceeding 10 metres; mesh throughout not less than 30 mm nor more than 36 mm.

7

  • (a)Waters

    That part of Sussex Inlet within the following boundaries: the whole of the waters of that part of Sussex Haven and the adjacent waters of the Pacific Ocean within the following boundaries: commencing at the southeastern corner of Reserve 75,429 for Public Recreation notified in the Gazette on 14 November 1952, and bounded then by a line drawn easterly to the point of junction of the eastern shore of Sussex Haven with the shore of the Pacific Ocean, by a line parallel to the western shore of the entrance to Sussex Haven to a point east of the southernmost extremity of that entrance, by a line westerly, and then by that shore northwesterly to the point of commencement.

  • (b)Description of net

    Total length not exceeding 5 metres; mesh throughout not less than 30 mm nor more than 36 mm.

8

  • (a)Waters

    Limeburners Creek from its confluence with the Hastings River upwards to its source.

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm.

9

  • (a)Waters

    The whole of the main arm of the Clarence River seawards of the Ulmarra Ferry Crossing (excluding all creeks, tributaries, effluents and secondary or back channels of that river, that part of the left or northern bank between Brown’s or Goodwood Island Wharf and the new (or eastern) opening in the Iluka Boat Harbour training wall and that part of the river which lies seawards of a line drawn from the north-westernmost corner of Portion 64, Parish of Taloumbi, to the north-westernmost corner of Freeburn Island and generally south of Freeburn Island and the main training wall that extends seawards from the easterly extremity of Freeburn Island).

  • (b)Description of net

    Total length not exceeding 20 metres; mesh throughout not less than 30 mm nor more than 36 mm.

10

  • (a)Waters

    Inlet cooling water canal to Munmorah Power Station.

  • (b)Description of net

    Total length not exceeding 20 metres nor less than 18 metres; mesh throughout not less than 25 mm nor more than 30 mm.

11

  • (a)Waters

    Smiths Lake.

  • (b)Description of net

    Total length not exceeding 63 metres; length of pocket, bunt or bag not exceeding 9 metres; mesh throughout not less than 30 mm nor more than 36 mm; wings of net to be set at such an angle that the distance between the ends of the net does not exceed 45 metres.

32Prawn running net(1)

It is lawful to use a running net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

  • (a)

    If the net is not staked, the net is used only by the method of casting or shooting the net and picking up and landing the whole of the net into a boat in the manner known as “running the net” within 1 hour of the commencement of the casting or shooting.

  • (b)

    In the case of a net that is being used for taking prawns in the waters of Lake Illawarra:

    • (i)

      the net must be operated by at least 2 commercial fishers, and

    • (ii)

      the net must not be operated by, or with the assistance of, any commercial fisher who is also operating, or assisting in the operation of, any other such net, and

    • (iii)

      the net must not be staked (that is, the net must be used only by the method referred to in paragraph (a)).

  • (c)

    In the case of a staked net:

    • (i)

      the net is not set earlier than 1 hour before sunset, and

    • (ii)

      the net is not set within 10 metres of the high water mark, and

    • (iii)

      the net is not staked by means of a star or 3 sided stake, and

    • (iv)

      no stakes are left in the water in the period between sunrise and 1 hour before sunset.

(2)

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

(3)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a prawn running net.

TablePrawn running net

1

  • (a)Waters

    Conjurong or Conjola Lake, Burrill Lake, Wallaga Lake, Tuross Lake, Durras Water, Cuttagee Lake, Middle Lake, Lake Wollumboola, Swan Lake, Coila Lake, Corunna Lake, Tilba Lake, Mummuga or Dalmeny Lake, Lake Birroul or Brou Lake, including all their respective bays, inlets and creeks.

  • (b)Description of net

    Total length not exceeding 75 metres; mesh throughout not less than 25 mm nor more than 36 mm.

2

  • (a)Waters

    St Georges Basin, Lake Macquarie, Tuggerah Lakes and Lake Illawarra, including all their respective bays, inlets and creeks (but excluding those parts of Tuggerah Lakes and Lake Illawarra described in Schedule 2).

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 25 mm nor more than 36 mm.

33Seine net (prawns)(1)

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

  • (a)

    The net is cast or shot in the following manner:

    • (i)

      a hauling line (to the end of which is attached a float or basket with a marker buoy affixed) is cast or shot from a boat,

    • (ii)

      that hauling line, the net and a second hauling line is then cast or shot from the boat as it moves in a circular direction resulting in the boat returning to the marker buoy.

  • (b)

    The net is hauled back on to a boat in such a way that both hauling lines are hauled to the same spot on the boat so as to avoid any trawling action.

  • (c)

    The hauling in of the net, once commenced, is to continue uninterrupted until all portions of the net, including the hauling lines, have been removed from the water.

  • (d)

    The net, if used in Borang Lake, is used with a boat having no engine or powered by an engine having no more than 12 kilowatts of motive power.

  • (e)

    There is no prawn net (hauling) on the boat from which the net is used.

(2)

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 seine net (prawns) 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 30 mm nor more than 36 mm.

(3)

For the purposes of this Regulation 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 seine net (prawns), and

  • (b)

    in subclause (2) may be referred to as a try net (prawns).

TableSeine net (prawns)

1

  • (a)Waters

    The whole of Lake Illawarra, including its bays, inlets and creeks (but excluding that part described in Schedule 2).

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 220 metres.

2

  • (a)Waters

    The whole of Tuggerah Lakes, including its bays, inlets and creeks (but excluding that part described in Schedule 2).

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 140 metres.

3

  • (a)Waters

    The whole of Lake Macquarie south of a line drawn between Wangi Wangi Point and Galgabba Point, including its bays, inlets and creeks.

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 280 metres.

4

  • (a)Waters

    The whole of St Georges Basin, including all its bays, inlets and creeks.

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 220 metres.

5

  • (a)Waters

    The whole of Queen’s Lake and Watson Taylors Lake, including all their respective bays, inlets and creeks.

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 140 metres.

6

  • (a)Waters

    That part of Wallis Lake and Coolongolook and Wallingat Rivers covering an area south and east of the following boundaries: commencing at the southeastern corner of Portion 71, Parish of Forster, then by a line southwesterly to the most southeastern point of Wallis Island, then along the western foreshore of Wallis Island to a point directly east of the most easterly point of Regatta Island, then west to that point (Fisheries Division BM 18), then by the eastern foreshore of Regatta Island to the most northeasterly point of that island, then north to the most easterly point of Bandicoot Island (Fisheries Division BM 23), then west along Bandicoot Island to the most northwestern point on that island, then north by a line drawn to the northern bank of Wallis Lake (Fisheries Division BM 24), then west along the northern bank of Wallis Lake to the entrance of the Coolongolook River, then west along the northern foreshore of the Coolongolook River, excluding the whole of the waters of Minimbah and Duck Gully Creeks, to a point marked by a white post due north of the eastern extremity of Junction Point, then due south from that post to the eastern extremity of Junction Point, then extending across the Wallingat River on a bearing of 175 degrees to the northern foreshore corner of the jetty situated on the northwestern foreshore of Portion 66, Parish of Wallingat (and excluding all other waters of the Wallingat River).

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 140 metres.

7

  • (a)Waters

    The whole of the Macleay River extending from the Jerseyville Bridge upstream to the Kempsey Railway Bridge.

  • (b)Description of net

    Total length not exceeding 140 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 140 metres.

8

  • (a)Waters

    The whole of Borang Lake.

  • (b)Description of net

    Total length not exceeding 80 metres; mesh throughout not less than 30 mm nor more than 36 mm; length of each hauling line not exceeding 80 metres.

34Otter trawl net (prawns)(1)

It is lawful to use an otter trawl net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as 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 trawling.

  • (b)

    Not more than 2 nets are used at any one time in the Hawkesbury River (downstream from a line drawn between Juno Point and Eleanor Bluff), Clarence River, Botany Bay, Port Jackson, Jervis Bay or Coffs Harbour.

  • (c)

    Not more than 1 net is used at any one time in the Hunter River or in the Hawkesbury River upstream from a line drawn between Juno Point and Eleanor Bluff to the ferry crossing at Lower Portland.

  • (d)

    No string, rope, wire, cord, netting or other material is fixed to any meshes that are within 25 meshes of the draw or closing string of the cod-end of the net.

(2)

Despite subclause (1) (d), an otter trawl net may have attached to it any of the following:

  • (a)

    a draw or closing string at the end of the cod-end,

  • (b)

    a frill of netting material, if the frill is not attached more than 5 meshes from the last row of meshes of the cod-end,

  • (c)

    a chafing piece, in accordance with clause 55 (2).

(3)

It is also lawful to use an otter trawl net to take other fish which are taken by the net when it is being lawfully used for taking prawns if:

  • (a)

    the fish are not a prohibited size class of fish and are not of a species the taking of which is prohibited, or

  • (b)

    the fish are a prohibited size class of fish (other than abalone or crustaceans), are not of a prohibited size and are taken in waters north of a line drawn due east from the lighthouse situated at Smoky Cape (excluding inland waters, the Clarence River and Lake Woolooweyah), or

  • (c)

    the fish are a prohibited size class of fish (being crustaceans other than rock lobster) and are not of a prohibited size.

(4)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (prawns).

TableOtter trawl net (prawns)

1

  • (a)Waters

    All waters (other than inland waters, the Clarence River and Lake Woolooweyah).

  • (b)Description of net

    Total length not exceeding 11 metres (except in respect of a net used in ocean waters, in which case the total length of the net is not to exceed 33 metres or, if a maximum length for otter trawl nets (prawns) is specified in the boat licence for the boat from which the net is used, the length so specified); mesh of cod-end (or portion of the net capable of being used as a cod-end) not less than 40 mm nor more than 50 mm; mesh of net (other than cod-end or the portion of the net capable of being used as a cod-end) not less than 40 mm nor more than 60 mm; length of sweep attached to net (being the distance between the point of attachment to the otter boards and the net) not exceeding 5 metres or the distance from the trawl gallows to the stern of the boat (whichever is the greater); sweep to be secured to the net and the otter board so that it cannot exceed 5 metres in length or the distance from the trawl gallows to the stern of the boat (whichever is the greater).

2

  • (a)Waters

    Clarence River and Lake Woolooweyah.

  • (b)Description of net

    Total length of net (when towed as single gear) not exceeding 11 metres, total length of either net (when towed as twin gear) not exceeding 7.5 metres; mesh of cod-end (or portion of the net capable of being used as a cod-end) not less than 40 mm nor more than 50 mm; mesh of net (other than cod-end or the portion of the net capable of being used as a cod-end) not less than 40 mm nor more than 60 mm; length of sweep attached to net (being the distance between the point of attachment to the otter boards and the net) not exceeding 5 metres or the distance from the trawl gallows to the stern of the boat (whichever is the greater); sweep to be secured to the net and the otter board so that it cannot exceed 5 metres in length or the distance from the trawl gallows to the stern of the boat (whichever is the greater).

35Otter trawl net (fish)(1)

It is lawful to use an otter trawl net for taking fish (other than prawns and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description as 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 trawling.

(2)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish).

TableOtter trawl net (fish)

1

  • (a)Waters

    Ocean waters (other than waters north of a line drawn due east from the lighthouse at Smoky Cape).

  • (b)Description of net

    Mesh not less than 90 mm throughout; mesh of cod-end (or portion of net capable of being used as a cod end) not less than 90 mm.

36Danish seine trawl net (fish)(1)

It is lawful to use a danish seine trawl net for taking fish (other than prawns and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description as 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 danish seining.

(2)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish).

TableDanish seine trawl net (fish)

1

  • (a)Waters

    Ocean waters.

  • (b)Description of net

    Mesh not less than 83 mm throughout; mesh of cod-end (or portion of net capable of being used as a cod-end) not less than 83 mm.

37Meshing net(1)

It is lawful to use a meshing net for taking fish in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the net is used:

  • (a)

    by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation) at any time, or

  • (b)

    as a set net, but only:

    • (i)

      between February and November (inclusive) in any year, and

    • (ii)

      between sunset and sunrise, and

    • (iii)

      for no more than 3 hours at a time.

(2)

For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a meshing net.

TableMeshing net

1

  • (a)Waters

    The tributaries of the Clarence River known as Lake Woolooweyah and the Broadwater.

  • (b)Description of net

    Total length not exceeding 1,450 metres; mesh throughout not less than 80 mm.

2

  • (a)Waters

    Port Jackson (including the Parramatta and Lane Cove Rivers) above a line drawn between Little Sirius Point and Point Piper; Middle Harbour above The Spit.

  • (b)Description of net

    Total length not exceeding 225 metres; mesh throughout not less than 80 mm.

3

  • (a)Waters

    Womboyn River, Durras Water and that part of Wallaga Lake, together with all its inlets and tributaries extending seawards from the bridge and embankment on the Narooma–Bermagui Road to the Pacific Ocean.

  • (b)Description of net

    Total length not exceeding 375 metres; mesh throughout not less than 80 mm.

4

  • (a)Waters

    All other waters (except inland waters and ocean waters).

  • (b)Description of net

    Total length not exceeding 725 metres; mesh throughout not less than 80 mm.

37ABeach safety meshing net
Myall River

County of Gloucester, Parish of Fens: The whole of the waters of Myall River and Paddy Marr’s Bar between a line drawn from the southern tip of Dredge Island due east to the eastern bank and due west to the western bank of the river and a line drawn due east and west from the southwestern end of the training wall in Paddy Marr’s Bar but exclusive of Corrie Creek from its confluence with the Myall River.

Nambucca River

County of Raleigh, Parish of Nambucca: The tidal waters of that part of the Nambucca River within the following boundaries, together with all the creeks, tributaries, inlets, bays, lagoons etc, of that part, with the exception of Warrell or Gurravembi Creek: commencing at the eastern extremity of the northern breakwater at the entrance of the Nambucca River; and bounded thence by a line bearing southwest to the northernmost extremity of the right bank of that river at its entrance aforesaid; thence by that bank generally southwesterly to a point due east of Warrell Point, and by a line to that point: again by that bank southwesterly to a point due east of the southern extremity of Stuart’s Island; and by a line due west to the left bank of the river: thence by that bank northeasterly and easterly to the northern breakwater aforesaid: and by that breakwater easterly to the point of commencement.

Narrabeen Lake

County of Cumberland, Parishes of Narrabeen and Manly Cove: The whole of the waters of Narrabeen Lake together with all its creeks, tributaries, and inlets.

Nelson Bay Boat Harbour

County of Gloucester, Parish of Tomaree: The whole of the waters of Nelson Bay Boat Harbour within the walls and extending a distance of 50 metres from the outer edge of both walls into the waters of Port Stephens commencing at the junction of the western wall and Teramby Street to the junction of the eastern wall and Nelson Bay beach.

Ocean Beaches

The whole of the waters within territorial limits on the whole of the ocean beaches within the State of New South Wales, but exclusive of 20 metres at each extremity of each of the said ocean beaches.

Port Hacking

County of Cumberland: The whole of the waters of Port Hacking together with all its tributaries, inlets and bays west of a line drawn from the eastern extremity of Glashier Point to the northern extremity of Port Hacking Point.

Port Jackson

County of Cumberland, Parish of Willoughby: The whole of the waters of North Harbour, Manly Cove, Little Manly Cove and Spring Cove, their bays and tributaries, north of a line drawn between Grotto Point and outer North Head and those waters of Chowder Bay west of a line drawn from the eastern most extremity of Chowder Head, to the foreshore of the southeastern most extremity of Georges Head on the eastern side of the Army Maritime School.

Red Bank River

Counties of Fitzroy and Clarence: The waters of Red Bank River, Saltwater and Corindi Creeks, including all their creeks, inlets and tributaries, downstream from a line drawn from a white post marked “FD↑” erected on Jewfish point, and bearing 344 degrees across the River, to the River’s confluence with the South Pacific Ocean.

Richmond River

Counties of Richmond and Rouse: The whole of the waters of the Richmond River including creeks and tributaries upstream from a line drawn between eastern extremities of the northern and southern breakwalls at its confluence with the South Pacific Ocean to the Burns Point ferry crossing.

Sandy Beach Creek

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

South West Rocks Creek

County of Macquarie, Parish of Arakoon: The whole of the waters of South West Rocks Creek (or Back Creek) and the whole of the waters of that part of the Macleay River and that part of the South Pacific Ocean lying generally north and northeasterly of a line drawn across the River in a southeasterly direction from the southernmost extremity of Shark Island to the point of highwater mark on the northern edge of the public boat ramp on the eastern training wall, fronting portion 302: to the easternmost extremities of the northern and southern breakwaters of the Macleay River; and including the waters of the South Pacific Ocean within 100 metres of the northwestern side of the northern breakwater and within 100 metres on the southeastern side of the southern breakwater.

Sussex Haven

County of St Vincent, Parishes of Farnham and Bherewerre: The whole of the waters of that part of Sussex Haven, its creeks and inlets, and that part of St Georges Basin, its creeks and bays, between a line drawn northeasterly from the most easterly southeastern corner of Reserve 81746 for Public Recreation notified 3 July 1959, to the point of junction of the eastern shore of Sussex Haven with the shore of the South Pacific Ocean and a line from the easternmost extremity of Kangaroo Point bearing 144 degrees to a point marked broad arrow over “FD” on the southern shore of the said Basin, situated about 1.6 km easterly from the junction of the southern shore of the said Basin with the eastern shore of Sussex Haven.

Tuggerah Lake Entrance

County of Northumberland: The waters of Tuggerah Lake Entrance within the following boundaries: commencing at the northwest corner of lots A and B of Strata Plan No 4000 on Marine Parade; thence by a line bearing 90° for a distance of 160 metres; then by a line bearing generally northwesterly to the southeast extremity of Karagi Point; then continuing generally northerly along mean highwater mark of the eastern shore of Tuggerah Lake to PWD Survey mark No 215 at Coogee Avenue; then continuing generally southwesterly to the northwesternmost point of Terilbah Island and to PWD Survey Mark No 217 on Picnic Point; then generally easterly and southeasterly along mean highwater mark of the southern shore of Tuggerah Lake to the point where the line bearing 90° from the point of commencement intersects mean highwater mark.

Tweed River

County of Rouse, Parish of Terranora: The whole of the tidal waters of that part of the Tweed River comprised within the following boundaries: commencing at the easternmost extremity of the northern breakwater at the entrance to Tweed River and bounded thence by the high water mark of the western training wall, inclusive of northern boatharbour, generally south to its point of commencement, by the high water mark of Greenbank Island as reclaimed to the southern boatharbour, by the high water mark of the boatharbour, by the high water mark generally southwest to Boyd’s Bay bridge, by the eastern side of that bridge, by the southwestern bank of Ukerebagh Passage to a point being the intersection of the northeastern prolongation of the northwestern boundary of portion 374 with the high water mark of that bank, and thence by a line easterly to the westernmost extremity of Ukerebagh Island, by the northwestern shore of Ukerebagh Island to the northernmost extremity of that island then by a line drawn north-easterly to the end of the eastern training wall by the high water mark of that wall inclusive of the tidal waters of Kerosene Inlet on the eastern side of the Eastern Training Wall and thence to the high water mark of the southern breakwater northwesterly and northeasterly to the easternmost extremity of that breakwater and thence by a line across the entrance to the Tweed River to the point of commencement.

Wagonga River

County of Dampier, Parishes of Wagonga and Narooma: That part of the waters of Wagonga River, east of a line from the Princess Highway Road Bridge to a line drawn between the eastern extremities of the northern and southern training walls at the entrance to Wagonga River.

Wallis Lake

County of Gloucester, Parish of Forster, at Wallis Lake: That part of the tidal waters within the following boundaries: commencing at the entrance to Wallis Lake at the eastern extremity of the northern breakwater; and bounded thence by that breakwater and a part of the foreshores of the Village of Tuncurry generally southerly to the southerly prolongation of the western side of Wharf Street; thence by a line drawn southwesterly to the northern foreshore corner of Oyster Farm 71–295; thence by a line drawn generally southerly to the northern foreshore corner of Oyster Farm 83–20; thence by a line drawn generally southeasterly to the southwestern foreshore of Oyster Farm 57–295 on the Godwin Island; thence by the northern foreshore of that island northeasterly to the most northern point; thence by a line drawn generally northeasterly to the western prolongation of the southern boundary of section 27, Village of Forster; thence by that foreshore generally northerly to the southern breakwater; by that breakwater to its eastern extremity and by a line across the entrance to the point of commencement.

Wonboyn River

County of Auckland, Parishes of Wonboyn and Narrabarba: The whole of the entrance waters of Wonboyn River downwards to their confluence with the South Pacific Ocean from a line drawn in a southerly direction from the northwesternmost foreshore corner of Oyster Farm No 71–305 to the westernmost foreshore corner of Oyster Farm No 74–1.

Woody Bay

County of Clarence, Parish of Nanegai, Shire of Maclean: Being the area known as Woody Bay and commencing from the broad arrow on a rock and marked FD, north of portion 54 thence in a northerly direction for approximately 300 metres to a spike in the rock, thence generally in a westerly direction to Big Knobby Rock, thence in a southwesterly direction to a 10 × 10 centimetre peg on the foreshore, thence along mean high water mark to the point of commencement.

Schedule 5Penalty notice offences and short descriptions

(Clauses 270 and 270A)

Column 1

Column 2

Column 3

Column 4

Offence

Amount of penalty

IPB Code

Short description

Part 1 Offences under the Act

Section 14 (1)

$500

7998

take fish contrary to fishing closure

Section 14 (2)

$500

8000

possess fish taken contrary to fishing closure

Section 16 (1)

$300

8001

possess prohibited size fish

Section 16 (2)

$300

8002

sell prohibited size fish

Section 17 (2)

$300

8003

take more fish than daily limit

Section 18 (2)

$300

8004

possess more than maximum quantity of fish

Section 19 (2)

$500

8005

take protected fish

Section 19 (3)

$500

8006

possess protected fish

Section 20 (2)

$500

8007

take commercial protected fish for sale

Section 20 (3)

$500

8008

sell commercial protected fish

Section 22 (2)

$200

8009

use unregistered fishing gear

Section 24 (1)

$500

8010

unlawful use of net/trap

Section 25 (1)

$500

8011

possess fishing gear near waters when use of that gear/taking of fish prohibited

Section 34J (1)

$200

7001

Fail to pay fishing fee

Section 34J (2)

$200

7002

Fail to have official receipt in possession

Section 35 (1)

$500

8012

possess fish illegally taken

Section 39 (2)

$200

8013

fail to remove obstruction on fishing ground

Section 65 (1)

$200

8014

shareholder contravenes provision of management plan

Section 65 (1)

$200

7826

shareholder’s nominee contravenes management plan

Section 87 (4)

$200

7827

fail to appear/attend hearing

Section 87 (5)

$200

7828

fail to take oath or make affirmation/answer question/produce document

Section 88 (2)

$200

7829

fail to comply with notice to produce documents

Section 102 (1)

$500

7830

take fish for sale when unlicensed

Section 104 (7)

$200

7831

contravene commercial fishing licence

Section 107 (1)

$300

7832

use unlicensed boat to take fish/land fish

Section 108 (7)

$200

7833

contravene condition of boat licence

Section 110 (9)

$100

7834

carry unregistered crew

Section 117 (1)

$500

7835

unregistered fish receiver

Section 118 (7)

$200

7836

contravene condition of fish receiver registration

Section 119 (3)

$300

7837

fail to give information/keep records

Section 121

$200

7838

fail to make catch record

Section 122

$100

7839

fail to send catch record to Director

Section 123 (1) (a)

$200

7840

fail to deliver record of sale to purchaser

Section 123 (1) (b)

$200

7841

fail to retain record of sale for 5 years

Section 123 (1) (c)

$200

7842

fail to produce record of sale

Section 123 (2) (a) (i)

$200

7843

fail to make record of possession

Section 123 (2) (a) (ii)

$200

7844

fail to obtain record of possession

Section 123 (2) (b)

$200

7845

fail to retain record of possession for 5 years

Section 123 (2) (c)

$200

7846

as seller, fail to produce record of possession

Section 123 (3)

$200

7847

fail to produce record of possession

Section 124

$300

7848

make false/misleading entry in fish record

Section 127B (2)

$200

8123

Use of unlicensed charter fishing boat

Section 127B (3)

$500

8124

Permit use of unlicensed charter fishing boat

Section 127C (7)

$200

8125

Contravene charter fishing boat licence

Section 144 (1)

$500

7849

undertake aquaculture without permit

Section 152 (3)

$200

7850

contravene condition of aquaculture permit

Section 155

$100

7851

fail to notify change in particulars by lessee

Section 170 (3)

$200

7852

fence leased area without authority

Section 171 (3)

$200

7853

fail to remove improvements on expired lease

Section 179 (1) (a)

$200

7854

interfere with fish/vegetation/thing within leased area

Section 179 (1) (b)

$200

7855

deposit thing on/dredge/dig within leased area

Section 183 (5)

$500

7856

contravene quarantine order

Section 184

$300

7857

communicate a disease to live fish/vegetation

Section 185

$300

7858

sell infected fish/marine vegetation

Section 186

$300

7859

deposit infected fish/marine vegetation

Section 190 (2)

$200

7860

take oysters without authority

Section 200 (1)

$500

7861

local government authority dredging/reclaiming without permit

Section 201 (1)

$500

7862

carry out dredging/reclamation work without permit

Section 205 (2)

$300

7863

harm marine vegetation

Section 206 (1)

$200

7864

damage gravel beds

Section 207 (2)

$200

7865

take/disturb fish while spawning/on or near spawning beds

Section 210 (1)

$300

7866

sell live noxious fish/noxious marine vegetation without permit

Section 211 (1)

$300

7867

possess live noxious fish/noxious marine vegetation without permit

Section 216 (1)

$300

7868

release live fish without permit

Section 217 (1)

$300

7869

import live fish without permit

Section 217 (2)

$300

7870

sell/buy/possess live fish imported without permit

Section 219 (1)

$200

7871

obstruct fish

Section 247 (1)

$200

7872

resist/obstruct fisheries officer

Section 247 (2) in relation to assaulting, abusing or threatening fisheries officer

$200

7873

assault/abuse/threaten fisheries officer

Section 247 (2) in relation to encouraging another person to assault, abuse or threaten fisheries officer

$200

7874

encourage person to assault/abuse/threaten fisheries officer

Section 247 (3)

$200

7875

impersonate fisheries officer

Section 248 (4)

$200

7876

fail to assist in boarding and search of boat

Section 249 (3)

$200

7877

fail to remove gear from water

Section 251 (2)

$200

7878

fail to move vehicle for search

Section 256 (4)

$200

7879

fail to produce records/answer questions

Section 257 (4)

$100

7880

fail to produce authority

Section 258 (2)

$200

7881

fail to provide information

Section 259 (1)

$300

7882

make statement/provide information/produce document that is false/misleading

Part 2 Offences under Fisheries Management (General) Regulation 1995

Clause 65 (1) (a)

$300

7883

more than 4 hand lines

Clause 65 (1) (b) in relation to hand held line with more than 3 hooks or gangs of hooks attached

$500

7884

hand line with more than 3 hooks/3 gangs of hooks

Clause 65 (1) (b) in relation to hand held line with more than 3 treble hooks attached to lure

$500

7885

hand line with more than 3 treble hooks on lure

Clause 65 (1) (c)

$300

7886

hand line with more than 5 ganged hooks

Clause 65 (3) (a)

$500

7887

more than 10 set lines

Clause 65 (3) (b)

$500

7888

set line with more than 6 hooks

Clause 65 (6)

$200

7889

set line/hand line when unauthorised

Clause 66 (1)

$100

7890

leave hand line unattended

Clause 67 (1) (a)

$200

7891

drift line with more than 1 hook

Clause 67 (1) (b)

$200

7892

drift line with more than 1 gang of hooks

Clause 67 (1) (c)

$200

7893

drift line with gang of more than 5 hooks

Clause 67 (1) (d)

$200

7894

drift line with another drift line attached

Clause 67 (2)

$300

7895

more than 30 drift lines

Clause 67 (3)

$200

7896

commercial fisher use drift line in inland waters

Clause 67 (4)

$200

7897

recreational fisher use drift line in any waters

Clause 68 (1)

$100

7898

fishing gear not properly identified

Clause 69 (1)

$300

7899

take fish while scuba diving

Clause 70 (1) (a)

$300

7900

use spear gun in inland waters

Clause 70 (1) (b)

$300

7901

use spear gun in Schedule 4 waters

Clause 70 (1) (c)

$300

7902

use spear gun aided by lights

Clause 71 (1)

$300

7903

take fish by firearm

Clause 72 (1)

$300

7904

take lobster other than by hand

Clause 73 (1)

$100

7905

take intertidal invertebrate by unauthorised method

Clause 74 (1)

$300

7906

recreational fisher take shellfish by dredge

Clause 74 (2)

$500

7907

take shellfish by dredge from non-ocean waters

Clause 74 (3)

$300

7908

take shellfish with oversize dredge

Clause 74 (4)

$300

7909

take shellfish by more than 1 dredge

Clause 75 (2)

$200

7910

take fish by jagging

Clause 76 (1)

$200

7911

take salmon/trout from waters by unauthorised method

Clause 76 (2)

$200

7912

take salmon/trout from dam/impoundment by unauthorised method

Clause 76 (3)

$300

7913

use light to take salmon/trout

Clause 77

$500

7914

take groper by unauthorised method

Clause 78 (1)

$500

7915

sell commercial net to unauthorised person

Clause 78 (2)

$300

7916

sell commercial net without making record of sale

Clause 78 (3)

$300

7917

fail to retain and produce record of sale of commercial net

Clause 79

$200

7918

attempt to fish contrary to rights of priority

Clause 80

$300

7919

use fishing gear contrary to Part 4

Clause 106 in relation to the causing the dispersal of fish

$200

7920

cause dispersal of fish

Clause 106 in relation to the interference with the operations of commercial fisher

$200

7921

interfere with commercial fishing

Clause 107 (1)

$200

7922

interfere with set fishing gear

Clause 109

$200

7923

disturb fish in vicinity of commercial fisher

Clause 110 (2)

$200

7924

refuse/neglect to move from fishing position

Clause 118 (1)

$200

7925

fail to attach tag to rock lobster

Clause 118 (3)

$200

7926

possess rock lobster without tag near waters

Clause 119F (1) in relation to the sale of whole lobster

$200

9829

sell whole lobster without tag

Clause 119F (1) in relation to the sale of tail of lobster

$200

9830

sell tail of lobster without tag

Clause 120 (1)

$100

7927

use live fin fish/exotic fish/trout roe/salmon roe/trout or salmon roe product

Clause 120 (2)

$100

7928

take salmon/trout with unauthorised lure/bait

Clause 120 (3)

$200

7929

fail to produce lure/bait on demand by officer

Clause 121 (1)

$200

7930

take octopus from rock platform/waters of Port Jackson

Clause 122 (1)

$200

7931

shuck intertidal invertebrate near waters except bait

Clause 122 (2)

$200

7932

shuck rock lobster/turban snail near waters

Clause 123 (1)

$300

7933

commercial fisher, shuck abalone in unauthorised place

Clause 123 (2)

$200

7934

recreational fisher, shuck abalone near waters

Clause 124 (1)

$300

7935

mutilate fish near waters in unauthorised manner

Clause 124 (2)

$300

7936

deliver/consign for sale fish mutilated in unauthorised manner

Clause 125 (1)

$300

7937

take/sell/possess crayfish/shovel-nosed lobster/rock lobster/crab carrying ova externally

Clause 125 (2)

$300

7938

possess crayfish/shovel-nosed lobster/rock lobster/crab with ova/spawn removed

Clause 157 (1)

$200

7939

fail to make record of crew member

Clause 157 (2) (a)

$200

7940

fail to keep crew record for 5 years

Clause 157 (2) (b)

$200

7941

fail to produce record of crew member

Clause 158 (2)

$200

7942

crew member, fail to keep records of registration

Clause 159

$200

7943

false/misleading entry in crew record

Clause 226ZQ

$500

8130

Provide false information

Part 3 Offences under Fisheries Management (Aquaculture) Regulation 1995

Clause 49 (1)

$200

7945

fail to mark boundaries of lease

Clause 49 (6)

$200

7946

fail to maintain boundary mark

Clause 49 (7)

$200

7947

unlawfully mark out aquaculture lease

Clause 50 (5)

$200

7948

fail to maintain marked boat channel

Clause 51 (7)

$200

7949

fail to maintain marked access way

Part 4 Offences under Fisheries Management (Aquatic Reserves) Regulation 1995
Long Reef

Clause 8 (1) (a)

$200

7950

take/attempt to take fish from Long Reef Reserve

Clause 8 (1) (b)

$200

7951

gather marine vegetation from Long Reef Reserve

Clause 8 (2) (a)

$200

7952

interfere with fish in Long Reef Reserve

Clause 8 (2) (b)

$200

7953

interfere with marine vegetation in Long Reef Reserve

Shiprock

Clause 11 (1) (a)

$200

7954

take fish from Shiprock Reserve

Clause 11 (1) (b)

$200

7955

gather marine vegetation from Shiprock Reserve

Clause 11 (2) (a)

$200

7956

interfere with fish in Shiprock Reserve

Clause 11 (2) (b)

$200

7957

interfere with marine vegetation in Shiprock Reserve

Julian Rocks

Clause 14 (1) (a)

$200

7958

take fish from Julian Rocks Reserve

Clause 14 (1) (b)

$200

7959

gather marine vegetation from Julian Rocks Reserve

Clause 14 (2) (a)

$200

7960

interfere with fish in Julian Rocks Reserve

Clause 14 (2) (b)

$200

7961

interfere with marine vegetation in Julian Rocks Reserve

North Harbour

Clause 17 (1) (a)

$200

7962

take fish from North Harbour Reserve

Clause 17 (1) (b)

$200

7963

gather marine vegetation from North Harbour Reserve

Clause 17 (2) (a)

$200

7964

interfere with fish in North Harbour Reserve

Clause 17 (2) (b)

$200

7965

interfere with marine vegetation in North Harbour Reserve

Bushranger’s Bay

Clause 21 (1) (a)

$200

7966

take fish from Bushranger’s Bay Reserve

Clause 21 (1) (b)

$200

7967

gather marine vegetation from Bushranger’s Bay Reserve

Clause 21 (2) (a)

$200

7968

interfere with fish in Bushranger’s Bay Reserve

Clause 21 (2) (b)

$200

7969

interfere with marine vegetation in Bushranger’s Bay Reserve

Fly Point–Halifax Park

Clause 24 (1) (a)

$200

7970

take fish from Fly Point Reserve

Clause 24 (1) (b)

$200

7971

gather marine vegetation from Fly Point Reserve

Clause 24 (2) (a)

$200

7972

interfere with fish in Fly Point Reserve

Clause 24 (2) (b)

$200

7973

interfere with marine vegetation in Fly Point Reserve

Towra Point

Clause 27 (1) (a)

$200

7974

take fish from Towra Point Reserve

Clause 27 (1) (b)

$200

7975

gather marine vegetation from Towra Point Reserve

Clause 27 (2) (a)

$200

7976

interfere with fish in Towra Point Reserve

Clause 27 (2) (b)

$200

7977

interfere with marine vegetation in Towra Point Reserve

Solitary Islands

Clause 32 (1) (a)

$200

7982

take fish/vegetation for sale from general use zone

Clause 32 (1) (b)

$200

7983

gather/interfere with marine vegetation in general use zone

Clause 33 (1) (a)

$200

7984

take fish/vegetation for sale from recreation zone

Clause 33 (1) (b)

$500

7985

take fish from recreation zone

Clause 33 (1) (c)

$200

7986

take fish by trap from recreation zone

Clause 33 (1) (d)

$200

7987

take fish by commercial net

Clause 33 (1) (e)

$200

7988

gather/interfere with marine vegetation in recreation zone

Clause 34 (1) (a)

$200

7989

take fish from refuge zone

Clause 34 (1) (b)

$200

7990

take fish for aquarium from refuge zone

Clause 34 (1) (c)

$200

7991

gather vegetation from refuge zone

Clause 34 (1) (d)

$200

7992

interfere with vegetation in refuge zone

Clause 35 (1) (a)

$200

7993

take fish from sanctuary zone

Clause 35 (1) (b)

$200

7994

gather vegetation from sanctuary zone

Clause 35 (2) (a)

$200

7995

interfere with fish in sanctuary zone

Clause 35 (2) (b)

$200

7996

interfere with vegetation in sanctuary zone

Clause 35 (3)

$200

7997

use anchor in sanctuary zone

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