Fisheries Management (General) Regulation 2002 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Fisheries Management (General) Regulation 2002.

Note—

This Regulation replaces the Fisheries Management (General) Regulation 1995 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.

2Commencement

This Regulation commences on 1 September 2002.

3Interpretation(1)

In this Regulation:

abalone fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

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

critical habitat of the grey nurse shark means the areas declared by a notification under section 220T of the Act to be critical habitat of the grey nurse shark and identified as such in the maps in Schedule 1A.

eligible fisher means a person for the time being registered as an eligible fisher under Part 8A.

endorsement means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery or to take fish in a share management fishery (and includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, pursuant to an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act).

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

estuary general fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

estuary prawn trawl fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

fish protected from commercial fishing means fish declared by this Regulation to be protected from commercial fishing for the purposes of section 20 (1) of the Act.

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

fishing authority has the same meaning as in Division 4C of Part 2 of the Act.

fishing business card has the meaning given by Part 8B.

fishing business transfer rules means the provisions of Part 5A.

hauling includes 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 8 of Part 8.

inland waters means waters not subject to tidal influence.

lobster fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

lobster trap means a recreational lobster trap or a commercial lobster trap.

local fisheries officer means the fisheries officer for the time being charged with the supervision of the waters in relation to which the expression is used.

Lord Howe Island waters means the waters within 3 nautical miles of:

• (a)

  the high water mark on Lord Howe Island, or

• (b)

  Balls Pyramid.

natural coast line is defined in Schedule 1.

ocean hauling fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

ocean trap and line fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

ocean trawl fishery means the share management fishery of that name, as described in Schedule 1 to the Act.

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.

public holiday means a day that is observed as a public holiday throughout New South Wales.

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.

repealed regulation means the Fisheries Management (General) Regulation 1995.

sea urchin means all species in the Class Echinoidea.

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

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

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

setting includes fixing, placing and staking.

southern fish trawl restricted fishery means the restricted fishery declared under Division 3 of Part 8.

the Act means the Fisheries Management Act 1994.

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

turban shell means all species in the Family Turbinidae.

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

wire trace line means a line that is made from or includes one or more metal strands.

(2)

A reference in this Regulation to the common name of a species of fish does not limit the scientific description of that species of fish. If there is any inconsistency between the common name and the scientific description of the species, the scientific description of the species prevails.

4Notes

Notes included in this Regulation do not form part of this Regulation.

5The 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, protected waters, prohibited size fish and bag limitsDivision 1Protected fish6Protected fish(1)

For the purposes of section 19 (1) of the Act, the species of fish specified in Table 1 are protected fish.

(1A)

For the purposes of section 19 (4) of the Act, the possession of the protected fish specified in Table 2 is prohibited absolutely.

(2)

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 of the Act constituted by taking or being in possession of bluefish if the person charged satisfies the Court that:

• (a)

  the bluefish were taken from Lord Howe Island waters, and

• (b)

  the person’s possession of the fish would, but for the fish being protected fish, be lawful.

Table 1Protected fishPart 1Marine or estuarine species

Common name	Species
Ballina angelfish	Chaetodontoplus ballinae
Bluefish	Girella cyanea
Eastern blue devil fish, Bleekers devil fish	Paraplesiops bleekeri
Elegant wrasse	Anampses elegans
Estuary cod	Epinephelus coioides
Ghost pipefish	All species of the family Solenostomidae
Giant Queensland groper	Epinephelus lanceolatus
Herbsts nurse shark	Odontaspis ferox
Pipefish, pipehorse, seadragon, seahorse	All species of the family Syngnathidae
Seamoth	All species of the family Pegasidae

Part 2Freshwater species

Common name	Species
Australian grayling	Prototroctes maraena
Isopod	Crenoicus harrisoni

Table 2Protected fish—possession prohibited absolutelyPart 1Marine or estuarine species

Common name	Species
Ballina angelfish	Chaetodontoplus ballinae
Bluefish	Girella cyanea
Eastern blue devil fish, Bleekers devil fish	Paraplesiops bleekeri
Elegant wrasse	Anampses elegans
Ghost pipefish	All species of the family Solenostomidae
Giant Queensland groper	Epinephelus lanceolatus
Herbsts nurse shark	Odontaspis ferox
Pipefish, pipehorse, seadragon, seahorse	All species of the family Syngnathidae
Seamoth	All species of the family Pegasidae

Part 2Freshwater species

Common name	Species
Australian grayling	Prototroctes maraena
Isopod	Crenoicus harrisoni

7Fish protected from commercial fishing(1)

For the purposes of section 20 (1) of the Act, the species of fish specified in Table 1 are protected absolutely from all commercial fishing.

(2)

For the purposes of section 20 (4) of the Act, the sale of any species of fish specified in Table 2 is prohibited absolutely.

Table 1Fish protected absolutely from all commercial fishingPart 1Marine or estuarine species

Common name	Species
Groper, blue, brown or red	Achoerodus viridis
Marlin, black	Makaira indica
Marlin, blue	Makaira mazara
Marlin, striped	Tetrapturus audax
Tuna, southern bluefin	Thunnus maccoyii

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 and Cherax except for the common yabby Cherax destructor
Golden perch	Macquaria ambigua
Murray cod	Maccullochella peelii peelii
Silver perch	Bidyanus bidyanus
Trout, brook	Salvelinus fontinalis
Trout, brown	Salmo trutta
Trout, rainbow	Oncorhynchus mykiss

Table 2Protected fish—sale prohibited absolutelyPart 1Marine or estuarine species

Common name	Species
Marlin, black	Makaira indica
Marlin, blue	Makaira mazara
Marlin, striped	Tetrapturus audax

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 and Cherax except for the common yabby Cherax destructor
Silver perch	Bidyanus bidyanus
Trout, brook	Salvelinus fontinalis
Trout, brown	Salmo trutta
Trout, rainbow	Oncorhynchus mykiss

7ADefence—aquarium fish

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (3) of the Act (relating to the possession of protected fish) if:

• (a)

  the fish are species of the family Pegasidae, Solenostomidae or Syngnathidae (commonly known as seamoths, seahorses, pipefish and seadragons), and

• (b)

  the fish are being kept in an aquarium for exhibition or are in the person’s possession for the purposes of sale in the aquarium industry, and

• (c)

  the fish were lawfully cultivated in or lawfully taken from waters to which this Act does not apply.

8Defence—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) (b) 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 1AFish and waters protected from commercial and recreational fishing8AProhibition on certain classes of commercial fishing

Pursuant to section 20 (2) of the Act, it is declared that:

• (a)

  all ocean and estuarine waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:

  • (i)

    a fishing activity referred to in Schedule 1 to the Act,

  • (ii)

    the taking of sea urchin or turban shell,

  • (iii), (iv)

    (Repealed)

  • (v)

    the use of an otter trawl net (fish) or danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east from Barrenjoey Headland,

  • (vi)

    the taking of fish from Lord Howe Island waters,

• (b)

  all inland waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:

  • (i)

    the taking of yabbies,

  • (ii)

    the taking of carp, and

• (c)

  all waters specified in the column headed “Waters” in the Table to this clause are waters in which the classes of commercial fishing specified in the column headed “Class of commercial fishing prohibited” in relation to those waters in that Table are prohibited.

Note—

The Fisheries Management (Supporting Plan) Regulation 2006 contains further prohibitions that apply to commercial fishing in share management fisheries.

TableWaters protected from certain commercial fishing

Waters	Class of commercial fishing prohibited
Back Lake (also known as Back Lagoon):
the whole of the waters of Back Lake, including all its tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Bega River:
the whole of the waters of Bega River, including all its tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Bellinger River (including Kalang River):
the whole of the waters of Bellinger River, from its confluence with the Pacific Ocean upstream to its source, including Kalang River and all their tributaries, creeks, bays, inlets and lagoons.	All commercial fishing.
Bermagui River:
the whole of the waters of Bermagui River, from a line drawn between the eastern extremity of the northern breakwall south to Bermagui Point upstream to its source, including all its tributaries, creeks, bays and inlets.	All commercial fishing, except the carriage of stowed fishing gear by boat directly from Bermagui Harbour to ocean waters.
Botany Bay:
the whole of the waters of Botany Bay, together with all its tributaries, creeks, bays and inlets.	All commercial fishing, other than the taking of lobsters and abalone in accordance with the relevant share management plan.
Burrill Lake:
the whole of the waters of Burrill Lake and Burrill Lake Entrance Channel, together with all their tributaries, creeks, bays and inlets.	All commercial fishing.
Camden Haven River:
the whole of the waters of Camden Haven River from a line drawn between the eastern extremities of its northern and southern breakwalls upstream to North Haven Bridge and Dunbogan Bridge, which waters include the waters under those bridges, Gogleys Lagoon and all tributaries, creeks, bays and inlets.	All commercial fishing.
Clarence River:
(a) the waters enclosed within a line drawn across the river entrance from the eastern extremity of the northern breakwall to the eastern extremity of the southern breakwall, and then upstream to a line drawn from the Maritime Authority of NSW Front Lead Beacon No 122 at mean high water mark on the northern side of Hickey Island, then northwesterly to the Maritime Authority of NSW Navigation Aid No 097 located on the downstream side of the most easterly opening in Middle Wall, then northeasterly across to the western extremity of Moriartys Wall,	All commercial fishing, except the class of commercial fishing that consists of the lawful use of a hauling net (general purpose) on and from 1 April in any year up to and including 31 August in that year in the waters adjacent to Wave Trap Beach located at the western end of the northern breakwall at the entrance of the Clarence River.
(b) the whole of the waters of Oyster Channel from a line drawn from the NSW Fisheries marker post RFH1, located on the southern shore adjacent to the intersection of Micalo and Yamba Roads, northeasterly to the NSW Fisheries marker post RFH2 located on the shore north of Whyna Island, then following the mean high water mark upstream to a NSW Fisheries marker post RFH3 beneath the second set of powerlines crossing Oyster Channel, located approximately 420m upstream of the Oyster Channel Road Bridge, then westerly following the powerlines to a NSW Fisheries marker post RFH4 on the shore of Micalo Island,	All commercial fishing.
(c) the whole of the waters of Romiaka Channel south from a line drawn from the NSW Fisheries marker post RFH5, located on the shore of the northern extremity of Romiaka Island, northerly across to the NSW Fisheries marker post RFH6 on the shore at Palmers Island, west of Ungundam Island, and then upstream to a line drawn from the NSW Fisheries marker post RFH7 located on the shore of Romiaka Island at the southern end of the rock retaining wall on “Burn’s farm”, then westerly across Romiaka Channel to the NSW Fisheries marker post RFH8 on the shore of Palmers Island,	All commercial fishing.
(d) the whole of the waters of the North Arm of the Clarence River within the following boundaries, commencing at the NSW Fisheries marker post RFH9 located on the shore beneath the multiple overhead powerlines crossing the waters of the North Arm near Marandowie Drive, Iluka, then westerly directly beneath those powerlines for 100 metres, then upstream and parallel to the shore to a line parallel to the powerlines drawn from the NSW Fisheries marker post RFH10 located on the shore near the northern end of the rock retaining wall at the entrance to Saltwater Inlet).	All commercial fishing.
Deep Creek:
the whole of the waters of Deep Creek, from its confluence with the Pacific Ocean upstream to its source, including all its tributaries, creeks, bays and inlets.	All commercial fishing.
Hastings River:
the whole of the waters of Hastings River from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to its source, including all its tributaries, creeks, bays and inlets.	All commercial fishing.
Lake Brunderee:
the whole of the waters of Lake Brunderee, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Lake Conjola:
the whole of the waters of Lake Conjola (and Berringer Lake), together with all their tributaries, creeks, bays and inlets.	All commercial fishing.
Lake Macquarie:
the whole of the waters of Lake Macquarie, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Little Lake (also known as Little Tilba Lake and Hoyers Lake):
the whole of the waters of Little Lake immediately south of Tilba Lake, including all its tributaries, creeks, bays and inlets.	All commercial fishing.
Manning River:
the whole of the waters of Manning River, from its confluences with the South Pacific Ocean upstream to and including: (a) Ghinni Ghinni Creek, from a line drawn from a point on the south western shoreline at the mouth of Ghinni Ghinni Creek at 31°52.984′S, 152°33.565′E in a generally easterly direction to the shoreline of Oxley Island at 31°53.066′S, 152°34.011′E, and (b) Berady Creek, from a line drawn from the upriver bank of Berady Creek due east to the eastern side of the Manning River, in the south channel, which waters include Scotts Creek and all tributaries, creeks, bays and inlets.	All commercial fishing.
Meroo Lake:
the whole of the waters of Meroo Lake, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Mummaga Lake (also known as Dalmeny Lake):
the whole of the waters of Mummaga Lake, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Narrawallee Inlet:
the whole of the waters of Narrawallee Inlet, together with all its tributaries, creeks and bays.	All commercial fishing.
Nelson Lagoon (also known as Nelson Lake):
the whole of the waters of Nelson Lagoon, including all its tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Nullica River:
the whole of the waters of Nullica River, including all its tributaries, creeks, bays and inlets, from its confluence with Twofold Bay upstream to its source.	All commercial fishing.
Pambula River and Yowaka River:
the whole of the waters of Pambula River and Yowaka River, including all their tributaries, creeks, bays and inlets, upstream of a line drawn from the southern end of Tea Tree Point and then due west to the boat ramp.	All commercial fishing.
Richmond River:
(a) from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to a line drawn across the River between the Burns Point Ferry ramps, including all the tributaries, creeks, bays, inlets and canal estates within those boundaries,	All commercial fishing, except the class of commercial fishing that consists of the lawful use of a hauling net (general purpose) to take sea mullet (Mugil cephalus) during April to July each year from the waters enclosed north of a line drawn from the southernmost extremity of the rock embankment at the eastern end of Missingham Bridge to a point approximately 225 metres in an east south east direction along the northern breakwater adjacent to Shaws Bay.

(b) from a line drawn across the River between the Burns Point Ferry ramps upstream to a line drawn east across the River from the south-eastern corner of Portion 21 at the eastern end of Emigrant Point Lane, including Emigrant Creek and all other tributaries, creeks, bays, inlets and canal estates within those boundaries.	All commercial fishing, except the class of commercial fishing that consists of the lawful use of a crab trap or an eel trap.
St Georges Basin:
the whole of the waters of St Georges Basin, together with all its tributaries, creeks, bays and Sussex Inlet.	All commercial fishing.
Tabourie Lake:
the whole of the waters of Tabourie Lake, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Tomaga River:
the whole of the waters of Tomaga River, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Towamba River (also known as Kiah River):
the whole of the waters of Towamba River, including all its tributaries, creeks, bays and inlets, from its confluence with Twofold Bay upstream to its source.	All commercial fishing.
Tuross Lake (including Tuross River and Borang Lake):
the whole of the waters of Tuross Lake, together with all its tributaries, creeks, bays, inlets and lagoons, including Tuross River and Borang Lake.	All commercial fishing.
Tweed River:
the following waters of the Tweed River: (a) from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to Boyds Bay Bridge (including the waters under the bridge) and a line drawn from the southern point of Rocky Point due east to Fingal Road, including Jack Evans Boat Harbour, the Southern Boat Harbour and all the tributaries, creeks, bays, inlets and canal estates within those boundaries, (b) the canal estate off Bingham Bay known as Seagulls Canal, as well as its continuation on the other side of The Lakes Drive, (c) the canal estate off Cobaki Broadwater known as Tweed West Canals, (d) the tributary behind Caddy’s Island known as Blue Water Canals, (e) the canal estate behind Crystal Waters Drive known as Crystal Waters Canal, (f) the canal estate west of Boyd’s Island known as Endless Summer Canal Estate, (g) the canal estate generally north of Chinderah Island known as Oxley Cove, (h) Wommin Lagoon, (i) Wommin Lake.	All commercial fishing.
Wonboyn River and Wonboyn Lake:
the whole of the waters of Wonboyn River, including Wonboyn Lake, and all the tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Wonboyn Beach:
the whole of the waters adjacent to the shoreline and 500 metres seaward of the mean high water mark of the entire length of Wonboyn Beach between Green Cape Peninsula in the north and Greenglade in the south, including Bay Cliff Headland.	All methods of net fishing.

8BFish and waters protected from recreational fishing(1)

For the purposes of section 20A (1) and (2) of the Act, the species of fish specified in Column 2 of Schedule 2 are protected from the class of recreational fishing specified in Column 3 of that Schedule in the waters specified in Column 1 of that Schedule during the period specified in Column 4 of that Schedule.

(2)

This clause does not apply in respect of a commercial fisher taking fish for sale as authorised under the Act.

(3)

In Schedule 2, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.

Division 2Prohibited size fish9Prohibited 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 or weight of the fish is less than the minimum measurement or weight 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.

(1A)

For a species that has both a minimum measurement and a minimum weight, the fish is not a prohibited size fish if either the measurement or the weight exceeds the minimum.

(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,

• (b1)

  in the case of Balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),

• (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 spiny crayfish, Murray or eastern freshwater—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 1Fish—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
Flounders and Soles	Species of Families Bothidae, Pleuronectidae, Cynoglossidae and Soleidae	25
Groper, blue, red or brown	Achoerodus viridis	30
Luderick (or blackfish)	Girella tricuspidata	27
Mackerel, spanish	Scomberomorus commerson	75
Mackerel, spotted	Scomberomorus munroi	60
Mahi-mahi (or dolphin fish)	Coryphaena hippurus	60
Morwong, jackass	Nemadactylus macropterus	30
Morwong, red or sea carp	Cheilodactylus fuscus	30
Morwong, rubberlip	Nemadactylus douglasii	30
Mullet, sea or bully	Mugil cephalus	30
Mulloway (or jewfish)	Argyrosomus japonicus	45
Perch, pearl	Glaucosoma scapulare	30
School shark	Galeorhinus galeus	91
Snapper	Pagrus auratus	30
Tailor	Pomatomus saltatrix	30
Tarwhine	Rhabdosargus sarba	20
Teraglin	Atractoscion aequidens	38
Trevally, silver	Pseudocaranx dentex	30
Whiting, sand or silver	Sillago ciliata	27
Yellowtail kingfish	Seriola lalandi	65

Part 2Invertebrates—Marine or estuarine

Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Abalone	Haliotis rubra	11.7
Balmain bug	Ibacus peronii or ibacus chacei	10
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 3Fish—Freshwater or estuarine

Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Catfish, eel-tailed	Tandanus tandanus	30
Cod, Murray	Maccullochella peelii peelii	50 (for fish in possession or sold before 30 November 2007) 55 (for fish in possession or sold on or after 1 December 2007 and before 1 December 2008) 60 (for fish in possession or sold on or after 1 December 2008)
Eel, longfinned	Anguilla reinhartdii	58
Eel, shortfinned	Anguilla australis	30
Perch, golden or yellow belly	Macquaria ambigua	30
Perch, silver	Bidyanus bidyanus	25
Salmon, Atlantic	Salmo salar	25
Trout, brook	Salvelinus fontinalis	25
Trout, brown	Salmo trutta	25
Trout, rainbow	Oncorhynchus mykiss	25

Part 4Invertebrates—Freshwater or estuarine

Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Spiny crayfish, Murray or eastern freshwater	Euastacus spp.	9

Part 5Minimum weight

Column 1	Column 2
Common name	Species	Minimum weight in grams
Eel, longfinned	Anguilla reinhartdii	500

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

Column 1	Column 2
Common name	Species	Maximum measurement in centimetres
Lobster, eastern rock	Jasus verreauxi	18

10Defence—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 9 (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 limits11Bag 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.

12Bag 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:

• (a)

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

• (b)

  when a person is transporting or storing fish otherwise than while in or on or adjacent to waters, the quantity specified opposite that species of fish in Column 4 of Part 3 or 4 of the Table or, if different quantities of that species of fish are specified in relation to different waters, the lower or lowest quantity specified.

(3)

It is a defence to a prosecution for an offence against section 18 (2) of the Act that is constituted by transporting or storing fish, otherwise than while in or on or adjacent to waters, in a quantity that exceeds the possession limit of the fish, if the person charged proves that:

• (a)

  the fish were taken from waters specified opposite the fish in Column 2 of Part 3 or 4 of the Table, and

• (b)

  the quantity of fish in the person’s possession did not exceed the possession limit for the fish that would have applied if the person had been in or on or adjacent to the waters from which they were taken.

13General 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.

(2)

For any species of native freshwater fish (other than invertebrates) not included in the Table to this Division:

• (a)

  the daily limit of fish of that species is 10, and

• (b)

  the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 10.

14Application of bag 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.

(4)

Despite subclauses (1)–(3), the daily bag limits and possession limits specified in this Division do apply in respect of fish taken by, or in the possession of, a commercial fisher (whether or not the fish are taken or in possession for sale) if the fish were taken in Lord Howe Island waters by use of a boat and at the time that the fish were taken:

• (a)

  the boat was being used as a charter fishing boat, or

• (b)

  there were four or more persons on the boat (including any commercial fisher).

(5)

Subclause (4) is subject to the exemption for charter fishing operations set out in clause 14A.

14AApplication of bag limits to charter fishing boat operations(1)

A daily limit or possession limit specified in this Division does not apply in relation to any charter fishing exempt fish that is in the possession of the master of a boat that is a licensed charter fishing boat, or an exempt charter fishing boat, if the fish were taken while on board the boat for use as bait in guided recreational charter fishing, and the fish is not taken or in possession for sale.

(2)

In this clause:

charter fishing exempt fish means any of the following species of fish:

• (a)

  Australian anchovy,

• (b)

  garfish, except eastern sea garfish,

• (c)

  hardyhead and silverfish,

• (d)

  southern herring,

• (e)

  slimy mackerel,

• (f)

  maray (or round herring),

• (g)

  pilchard,

• (h)

  blue sprat (or bluebait),

• (i)

  sandy sprat (or whitebait),

• (j)

  yellowtail and jack mackerel.

exempt charter fishing boat means a charter fishing boat in respect of which a licence under Part 4A of the Act is not required under clause 335.

guided recreational charter fishing means guided recreational charter fishing of a kind referred to in clause 298.

licensed charter fishing boat means a charter fishing boat licensed under Part 4A of the Act.

Note—

Clause 335 contains an exemption from licensing requirements for boats used principally in Lord Howe Island waters.

15Possession limits do not apply to fish lawfully taken for sale(1)

It is lawful for a commercial fisher to be in possession of fish in excess of a possession limit specified in this Division if the commercial fisher lawfully took the fish for sale.

(2)

It is lawful for a person to be in possession of fish in excess of a possession limit specified in this Division if the person purchased or otherwise acquired the fish from another person whose possession of the fish was lawful (whether as a result of subclause (1) or as a result of one or more applications of this subclause).

(3)

It is a defence to a prosecution for an offence against section 18 of the Act constituted by being in possession of fish in excess of a possession limit specified in this Division if the person charged proves:

• (a)

  that he or she purchased or otherwise acquired the fish from another person, and

• (b)

  that the other person’s possession of the fish was lawful or that there were no reasonable grounds to suspect that the other person’s possession of the fish was unlawful.

TableBag limitsPart 1Fish—Marine or estuarine

Column 1	Column 2
Common name	Species	Daily limit and possession limit
Anchovy, Australian	Engraulis australis	50
Banded rockcod	Epinephelus ergastularius	5 comprised of any single species or a combination of species, with a maximum of 2 gemfish
Bass grouper	Polyprion americanus
Gemfish	Rexea solandri
Hapuka	Polyprion oxygenios
Trevalla	Hyperoglyphe antartica
Billfish (all species)	Species of Family Xiphiidae and Family Istiophoridae	1 of each species
Blackfish, rock	Girella elevata	10
Bonito, Australian	Sarda australis	10
Bream and Tarwhine	Rhabdosargus sarba, Acanthopagrus australis and A.butcheri	20 comprised wholly of any single species or a combination of species
Bream, yellowfin	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	Platycephalus caeruleopunctatus	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
Flathead, tiger	Platycephalus richardsoni
Flathead, all other	Platycephalus spp.
Flounders and Soles	Species of Families Bothidae, Pleuronectidae, Cynoglossidae and Soleidae	20 comprised wholly of any single species or a combination of species
Garfish, eastern sea	Hyporhamphus australis	20
Garfish, except eastern sea garfish	Species of Family Hemiramphidae	50 comprised wholly of any single species or a combination of species
Groper, blue, red or brown	Achoerodus viridis	2 (with not more than one longer than 60 cm)
Hairtail	Trichiurus lepturus	10
Hardyhead and Silverfish	Species of Family Atherinidae	50 comprised wholly of any single species or a combination of species
Herring, southern	Herklotsichthys castelnaui	50
Kingfish, yellow tail	Seriola lalandi	5
Leatherjacket	Species of Family Monacanthidae	20 comprised wholly of any single species or a combination of species
Luderick (or blackfish)	Girella tricuspidata	20
Mackerel, slimy	Scomber australasicus	50
Mackerel, spotted	Scomberomorus munroi	5 comprised wholly of narrow barred or spanish mackerel or wholly of spotted mackerel or partly of each
Mackerel, spanish or narrow barred	Scomberomorus commerson
Mahi-mahi (or dolphin fish)	Coryphaena hippurus	10 (only 1 of which can be longer than 110 cm)
Mangrove Jack	Lutjanus argentimaculatus	5
Maray (or round herring)	Etrumeus teres	50 comprised wholly of any single species or a combination of species
Morwong, banded	Cheilodactylus spectabilis	5
Morwong, jackass	Nemadactylus macropterus	10
Morwong, red	Cheilodactylus fuscus	5
Morwong, rubberlip (or grey morwong or blue morwong)	Nemadactylus douglasii	10
Mullet	Species of Family Mugilidae	20 comprised wholly of any single species or a combination of species
Mulloway	Argyrosomus japonicus	5 (with not more than 2 longer than 70 cms)
Perch, moses	Lutjanus russelli	5
Perch, pearl	Glaucosoma scapulare	5
Pilchard	Sardinops neopilchardus	50
Salmon, Australian	Arripis trutta	5
Samsonfish and Amberjack	Seriola hippos and S. dumerili	5 comprised wholly of any single species or a combination of species
Scorpion fish, eastern red (or eastern red rock cod)	Scorpaena cardinalis	5
Sharks and Rays (other than wobbegong sharks)	All species (other than Orectolobus spp.)	5 comprised wholly of any single species or a combination of species but with no more than one of each of the following: (a) tiger shark, (b) mako shark, (c) blue shark, (d) hammerhead shark (any species), (e) whaler shark (any species).
Snapper	Pagrus auratus	10
Sprat, blue (or bluebait)	Spratelloides robustus	50
Sprat, sandy (or whitebait)	Hyperlophus vittatus	50
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	Thunnus alalunga	7 comprised of any single species or combination of species, of which 2 have a length of 90 cm or more and 5 have a length of less than 90 cm
Tuna, bigeye	Thunnus obesus
Tuna, longtail	Thunnus tonggol
Tuna, southern bluefin	Thunnus maccoyii
Tuna, yellowfin	Thunnus albacares
Wahoo	Acanthocybium solandri	5
Whiting	Sillago spp.	20 comprised of any single species or a combination of species
Wobbegong shark	Orectolobus spp.

0
Yellowtail and Mackerel, jack	Trachurus spp.	50 comprised wholly of any single species or a combination of species

Part 2Invertebrates

Column 1	Column 2
Common name	Species	Daily limit and possession limit
Abalone	Haliotis rubra	2
Beachworms	Species of Family Onuphidae	20
Cockle	Anadara trapezia	50 comprised wholly of cockles or wholly of pipis or wholly of mussels or partly of each
Pipi	Donax deltoides
Mussel	Mytilus edulis
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	Jasus verreauxi	2 comprised wholly of any single species or a combination of species
Lobster, southern rock	Jasus edwardsii
Lobster, painted	Panulirus longipes	2 comprised wholly of any single species or a combination of species
Lobster, ornate	Panulirus ornatus
Lobster, slipper (or flat)	Scyllarides spp.	2
Octopus	All species	10 comprised wholly of any single species or a combination of species
Oyster, Sydney rock	Saccostrea commercialis	50 comprised wholly of any single species or a combination of species
Oyster, Pacific	Crassostrea gigas
Oyster, flat or drift	Ostrea angasi
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
Saltwater nippers	Callianassa and Alpheus spp.	100 comprised wholly of any single species or a combination of species
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
Soldier crab	Species of Family Mictyridae	100 comprised wholly of any single species or a combination of species
Squid and Cuttlefish	All species	20 comprised wholly of any single species or a combination of species
Worms, except beach worms	Species of class Polychaeta	100 comprised wholly of any single species or a combination of species

Part 3Fish—Freshwater or estuarine

Column 1	Column 2	Column 3	Column 4
Common name	Species	Waters	Daily limit	Possession limit
Golden perch	Macquaria ambigua	All waters of NSW	5	10
Murray cod	Maccullochella peelii peelii	All waters of NSW	2	4 (only 1 of which can be longer than 100 cm)
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 a fishing closure notice under section 8 of the Act (published in the Gazette of 24 January 2003 at page 461) which has effect from 5 February 2003 to 4 February 2008, inclusive.
Catfish, eel-tailed	Tandanus tandanus	Backed up waters of dams and impoundments	5	10
All other waters of NSW	2	4
Australian bass and Estuary perch	Macquaria novemaculeata and M. colonorum	Backed up waters of dams and impoundments	2 comprised wholly of a single species or of a combination of species	4 comprised wholly of a single species or of a combination of species
All other waters of NSW	2 comprised wholly of one species or of a combination of species (with not more than one, of either species, being longer than 35 cm)	4 comprised wholly of one species or of a combination of species (with not more than one, of either species, being longer than 35 cm)
Atlantic salmon	Salmo salar	All waters of NSW	10 comprised of any single species or a combination of species	20 comprised of a combination of species
Trout, brook	Salvelinus fontinalis
Trout, brown	Salmo trutta
Trout, rainbow	Oncorhynchus mykiss

Part 4Invertebrates—Freshwater

Column 1	Column 2	Column 3	Column 4
Common name	Species	Waters	Daily limit	Possession limit
Spiny crayfish, eastern freshwater	Euastacus spp.	All waters of NSW	5 (only 1 of which can be longer than 12 cm)	10 (only 1 of which can be longer than 12 cm)
Murray crayfish	Euastacus armatus	All waters of NSW	5 (only 1 of which can be longer than 12 cm) during the months of May, June, July and August	10 (only 1 of which can be longer than 12 cm) during the months of May, June, July and August
Yabby	Cherax spp.	All waters of NSW	200	200

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 416–18

(Repealed)

Division 5Miscellaneous18APart does not authorise action contrary to prohibitions or other controls(1)

Nothing in this Part affects any prohibition or conditions imposed by or under the Act or the Marine Parks Act 1997 with respect to the taking of fish.

(2)

In particular, a provision of this Part that specifies:

• (a)

  the minimum measurements, or

• (b)

  the daily limit (within the meaning of section 17 (1) of the Act), or

• (c)

  the possession limit (within the meaning of section 18 (1) of the Act),

in respect of any species of fish is not to be construed as authorising any of the following:

• (d)

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

• (e)

  the taking for sale of any fish protected from commercial fishing,

• (f)

  the taking for sale of fish from any area protected from commercial fishing,

• (g)

  the taking of fish in contravention of:

  • (i)

    a regulation relating to aquatic reserves made under section 197 of the Act, or

  • (ii)

    a management plan for an aquatic reserve made under section 197A of the Act, or

  • (iii)

    an aquatic reserve notification in force under section 197E of the Act,

• (h)

  the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Parks Act 1997.

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.

19Fishing gear cannot be used in contravention of other restrictions(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 or the Marine Parks Act 1997 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,

• (d)

  the taking for sale of fish from any area protected from commercial fishing,

• (e)

  the taking of fish in contravention of:

  • (i)

    a regulation relating to aquatic reserves made under section 197 of the Act, or

  • (ii)

    a management plan for an aquatic reserve made under section 197A of the Act, or

  • (iii)

    an aquatic reserve notification in force under section 197E of the Act,

• (f)

  the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Parks Act 1997,

• (g)

  the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.

20Lawful use of fishing gear(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), (4)

(Repealed)

20A

(Repealed)

20BUse of certain fishing gear prohibited in vicinity of Fish Rock(1)

This clause applies to all waters within 500 metres of the mean high water mark of Fish Rock.

Note—

See also Division 1 of Part 11A. Part of the area around Fish Rock is critical habitat of the grey nurse shark (see Gazette No 237 of 29.11.2002, p 10137).

(2)

A person must not take or attempt to take, by means of a spear, speargun or similar device, any fish from waters to which this clause applies other than fish of the following families or species:

• (a)

  families:

  • (i)

    Carangidae (including all trevallies, kingfish and rainbow runner),

  • (ii)

    Scombridae (mackerel and wahoo tuna),

  • (iii)

    Istiophoridae (marlin and sailfish),

• (b)

  species:

  • (i)

    cobia (Rachycentron canadus),

  • (ii)

    tailor (Pomatomus saltator),

  • (iii)

    dolphin fish (Corphaena hippurus),

  • (iv)

    Australian salmon (Arripis trutta).

Maximum penalty: 100 penalty units.

(3)

A person must not, while using any apparatus (other than a snorkel) capable of supplying air to facilitate breathing underwater, take or attempt to take fish from waters to which this clause applies by any method.

Maximum penalty: 100 penalty units.

21

(Repealed)

Division 222–24

(Repealed)

Division 3Lawful commercial netsNote—

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.

25Definitions

In this Division:

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

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

26Nets used in share management fisheries(1)

The nets specified in Column 1 of the Table to this clause may lawfully be used to take fish in the waters of the share management fisheries specified next to the net concerned in Column 2 of the Table to this clause.

(2)

The description of the net, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the management plan for the fishery concerned (including any requirements of a supporting plan that applies to the fishery).

TableNets used in share management fisheries

Column 1	Column 2
Net	Share management fishery
Bait net	Estuary general
Danish seine trawl net (fish)	Ocean trawl
Dip or scoop net (prawns)	Estuary general
Flathead net	Estuary general
Garfish net (bullringing)	Estuary general
Garfish net (hauling)	Estuary general
Ocean hauling
Hand-hauled prawn net	Estuary general
Hauling net (general purpose)	Estuary general
Ocean hauling
Hoop or lift net	Estuary general
Landing net	Estuary general
Estuary prawn trawl
Ocean hauling
Ocean trap and line
Ocean trawl
Lobster
Meshing net	Estuary general
Otter trawl net (fish)	Ocean trawl
Otter trawl net (prawns)	Ocean trawl
Estuary prawn trawl
Pilchard, anchovy and bait net (hauling)	Estuary general
Ocean hauling
Prawn net (hauling)	Estuary general
Prawn net (set pocket)	Estuary general
Prawn running net	Estuary general
Purse seine net	Ocean hauling
Push or scissors net	Estuary general
Seine net (prawns)	Estuary general
Spanner crab net	Ocean trap and line
Trumpeter whiting net (hauling)	Estuary general

Note—

Some of these nets may also be used in restricted fisheries, as indicated in subsequent clauses, and by recreational fishers, as indicated in Division 4. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.

27Otter trawl net (fish)—southern fish trawl fishery(1)

It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:

• (a)

  the net is used only by the method of bottom trawling,

• (b)

  no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),

• (c)

  mesh of net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),

• (d)

  any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,

• (e)

  mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),

• (f)

  the net is fitted with a bycatch reduction device of a kind approved by the Director-General and that device is fitted in accordance with any specifications issued by the Director-General and published in the Gazette.

(2)

An otter trawl net may have attached to it any of the following:

• (a)

  a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,

• (b)

  a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,

• (c)

  a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the effective mesh size of the meshes to less than required by this clause (and, in particular, the rope must not be connected so as to form a loop around the net (or codend) that has a circumference less than that part of the net when stretched transversely).

(3)

The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be more than 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Director-General and published in the Gazette.

(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 (fish) or an otter trawl net (fish)—southern fish trawl fishery.

TableOtter trawl net (fish)

1

(a) Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head. (b) Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not to exceed 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres.

28Danish seine trawl net (fish)—southern fish trawl fishery(1)

It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the 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) or a danish seine trawl net (fish)—southern fish trawl fishery.

TableDanish seine trawl net (fish)

1	(a) Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head. (b) Description of net—Mesh not less than 83 mm throughout.

29–45

(Repealed)

Division 4Lawful recreational nets46Application of Division

Subject to anything to the contrary in this Division, the nets described in this Division may be lawfully used by any person (whether or not a commercial fisher).

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.

47Spanner crab net(1)

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

• (a)

  not more than one spanner crab net is used by the person at any one time,

• (b)

  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface.

(1A)

This clause does not apply to or in respect of a commercial fisher taking spanner crabs for sale or a member of the crew of such a commercial fisher.

(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 spanner crab net.

TableSpanner crab net

1

(a) Waters—Ocean waters north of Korogoro Point (Hat Head). (b) Description of net—Net attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width; net not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position.

48Hoop or lift net(1)

It is lawful to use a hoop or lift net for taking fish (including crabs and freshwater spiny crayfish, but excluding rock lobster in tidal waters 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 and the following conditions are complied with:

• (a)

  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,

• (b), (c)

  (Repealed)

• (d)

  not more than 5 nets are used by any person at any one time.

• (e)

  (Repealed)

(1A)

This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note—

See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of hoop or lift nets in the estuary general fishery.

(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 hoop or lift net.

TableHoop or lift net

1

(a) Waters—Any waters (other than ocean waters). (b) Description of net—Net attached to not more than 2 hoops, rings or frames not exceeding 1.25 metres in their greatest diameter (or at their greatest diagonal); hoops, rings or frames not attached to each other by means of any rigid frame; total length from the centre of the plane of the hoop, ring or frame to the extremity of the net, or between the 2 hoops, rings or frames, not exceeding 1 metre; mesh not less than 13 mm.

49Hand-hauled prawn net(1)

It is lawful to use a hand-hauled 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 not staked or set, or joined or placed together with any other net,

• (b)

  the net is continuously and manually propelled and not used as a stationary net,

• (c)

  the net is not attached to a hauling line.

(2)

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

(2A)

This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note—

See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of hand-hauled prawn nets in the estuary general fishery.

(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 hand-hauled prawn net.

TableHand-hauled prawn net

1	(a) Waters—Any waters (other than inland waters). (b) Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm.

50Push or scissors net (prawns)(1)

It is lawful to use a push or scissors 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 as a hand implement and is not staked or set, or joined or placed together with any other net,

• (b)

  the net is continuously propelled and not used as a stationary net,

• (c)

  the net is operated only by 1 person without assistance from any other person,

• (d)

  only 1 net is used by a person at any one time.

(2)

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

(2A)

This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note—

See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of push or scissors nets (prawns) in the estuary general fishery.

(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 push or scissors net (prawns).

TablePush or scissors net (prawns)

1	(a) Waters—Any waters (other than inland waters). (b) Description of net—Net attached to a scissors-type frame; length of lead or bottom line between the lower extremities of the poles not exceeding 2.75 metres; mesh not less than 30 mm nor more than 36 mm.

51Dip or scoop net (prawns)(1)

It is lawful to use a dip or scoop 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 as a hand implement only and not staked or set, or joined or placed together with any other net,

• (b)

  only 1 net is used by a person at any one time.

(2)

It is also lawful to use a dip or scoop net to take other fish that are taken by the net when it is being lawfully used for taking prawns.

(2A)

This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note—

See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of dip or scoop nets (prawns) in the estuary general fishery.

(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 dip or scoop net (prawns).

TableDip or scoop net (prawns)

1

(a) Waters—Any waters (other than inland waters). (b) Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, with a handle of not more than 1.2 metres in length, with a total length from the centre of the plane of the frame, hoop or ring to the extremity of the net not exceeding 1.25 metres; mesh not less than 20 mm.

52Hand-hauled yabby net(1)

It is lawful to use a hand-hauled net for taking freshwater crayfish (of the species commonly known as the yabby) 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 as a hand implement only and not staked or set, or joined or placed together with any other net,

• (b)

  the net is continuously and manually propelled and not used as a stationary net,

• (c)

  the net is operated by 1 person only (with the assistance of no more than 1 other person).

(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 hand-hauled yabby net.

TableHand-hauled yabby net

1	(a) Waters—Inland waters, being ground tanks, bore drains or lagoons. (b) Description of net—Not exceeding 6 metres; mesh throughout not more than 40 mm; used with or without hauling lines or poles.

53Landing net(1)

It is lawful to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:

• (a)

  in the case of a net used by the holder of an endorsement in the southern fish trawl restricted fishery—the net is used only as an ancillary aid to another fishing method that it is lawful for the endorsement holder to use to take fish for sale in the waters concerned,

• (b)

  in any other case—the net is used only as an ancillary aid to a rod and line or handline.

(1A)

This clause does not apply to or in respect of the holder of an endorsement in a share management fishery when taking fish for sale in that fishery.

Note—

See the Fisheries Management (Supporting Plan) Regulation 2006 in relation to the use of landing nets in share management fisheries.

(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 landing net.

TableLanding net

1	(a) Waters—Any waters. (b) Description of net—Net consisting of a hoop or ring not exceeding 0.6 metre in its greatest diameter and which is attached to netting or other soft material.

Division 4AOther lawful nets53ABeach safety meshing net(1)

It is lawful for an officer of the Department or a person acting on behalf of the Director-General to use a beach safety meshing net for the purposes of shark meshing activities.

(2)

The meshing net may only be used as a sunk net. No part of the net (other than that used for the purposes of tagging) may be on the surface.

(3)

The meshing net must comply with the following specifications:

• (a)Floatline

  150 metres of not less than 8 mm diameter, synthetic rope with a breaking strain of not less than 900 kg.

• (b)Leadline

  150 metres of not less than 8 mm diameter, synthetic rope with a breaking strain of not less than 900 kg.

• (c)Floats

  Gill net floats used must be of not less than 10 cm diameter and not less than 5 cm thickness, or a float of equivalent buoyancy approved by the Director-General and spaced at not more than 5 metre centres.

• (d)Netting twine

  The twine must be continuous synthetic filament with a breaking strain of not less than 60 kg.

• (e)Mesh size

  The mesh size must be not less than 50 cm nor more than 60 cm. To measure the mesh size the net is to be soaked in water for a period of not less than 5 minutes, then stretched out and the distance between the inside edges of the knots measured using a steel rule certified in accordance with the National Measurement Act 1960 of the Commonwealth.

• (f)Mesh depth

  The number of meshes for each mesh size must be as follows:

  • (i)

    60 cm mesh—not less than 12 meshes deep,

  • (ii)

    55 cm mesh—not less than 13 meshes deep,

  • (iii)

    50 cm mesh—not less than 14 meshes deep,

  so that the height is approximately 6 metres when set.

(4)

Nets must be tagged at the surface with a minimum of 25 cm bubbles and clearly marked “Beach Safety Meshing Net”.

Division 5General provisions relating to lawful use of nets54

(Repealed)

55Joining of nets(1)

For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets joined together for the purpose of taking fish.

(2), (3)

(Repealed)

(4)

For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets for the purpose of taking fish, being nets that are joined or placed together side by side (either on the cork line or otherwise) in such a manner that the effective mesh or meshes of those combined nets are reduced to a size less than the minimum mesh or meshes described as lawful under this Part.

56Illegally reducing mesh size of nets(1)

For the purposes of this Part, it is unlawful for a person to use a net:

• (a)

  in which any meshes are wholly or partly covered, or

• (b)

  in which any string, rope, wire, cord, netting or other material is fixed to any meshes, or

• (c)

  in which any meshes (or any bars) are twisted,

in any manner so as to reduce the effective mesh size of the meshes to less than that specified under this Part as lawful.

(2)

(Repealed)

57Monofilament and certain multi-strand nets prohibited

For the purposes of this Part, it is unlawful for a person to use a net any mesh of which is constructed of synthetic material that comprises less than 7 strands.

58Method of dragging or drawing nets

For the purposes of this Part, it is unlawful for any person to drag or draw ashore any net containing fish in such a way or to such a distance from the water as to prevent prohibited size fish from escaping through the meshes or by the wings of the net into the water, or to allow such prohibited size fish to remain on the shore.

58A, 58B

(Repealed)

Division 6Lawful trapsNote—

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

59Traps used in share management fisheries(1)

The traps specified in Column 1 of the Table to this clause may lawfully be used to take fish in the waters of the share management fisheries specified next to the trap concerned in Column 2 of the Table to this clause.

(2)

The description of the trap, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the management plan for the fishery concerned (including any requirements of a supporting plan that applies to the fishery).

TableTraps used in share management fisheries

Column 1	Column 2
Trap	Share management fishery
Fish trap	Estuary general
Ocean trap and line
Commercial lobster trap	Lobster
Commercial crab trap	Estuary general
Eel trap	Estuary general

60Recreational lobster trap(1)

It is lawful for a person to use a trap for taking lobster in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the conditions referred to in subclause (2) are complied with.

(2)

The following conditions must be complied with:

• (a)

  the lobster trap is not set or used unless its position is indicated by a buoy which:

  • (i)

    is moored so as to be positioned above the trap, and

  • (ii)

    has a diameter above the water of not less than 100 mm, and

  • (iii)

    has a weight of not less than 50 gm suspended not less than 1.5 metres under the float so that no rope is floating on the surface of the water, and

  • (iv)

    displays “L” followed by the name of the person who set the trap, in clearly visible letters which are not less than 50 mm in height and are of a colour which contrasts with that of the buoy,

• (b)

  a person does not set or use more than 1 lobster trap at any one time.

(3)

This clause does not apply to or in respect of a commercial fisher who is taking rock lobster (that is, fish of the species Jasus verreauxi, Jasus edwardsii, Panulirus longipes and Panulirus ornatus) for sale.

Note—

The specifications for lobster traps used by commercial fishers are set out in the Lobster Share Management Plan (see Fisheries Management (Lobster Share Management Plan) Regulation 2000).

(4)

For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational lobster trap.

TableLobster trap

1

(a) Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)). (b) Description of trap—Consists of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base not exceeding 1.2 metres in diameter); has 1, 2 or 3 rectangular unobstructed escape gaps (constructed of rigid material) fitted in the trap with at least 1 escape gap being not less than 57 mm by 500 mm, 2 escape gaps each being not less than 57 mm by 250 mm or 3 escape gaps each being not less than 57 mm by 200 mm and so that no part of any escape gap is more than 12 cm above the floor of the trap.

61Recreational crab trap(1)

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

• (a)

  the crab trap is not set or used unless its position is indicated by a buoy which:

  • (i)

    is moored so as to be positioned above the trap, and

  • (ii)

    has a diameter above the water of not less than 100 mm, and

  • (iii)

    has a weight of not less than 50 gm suspended not less than 1 metre under the float so that no rope is floating on the surface of the water, and

  • (iv)

    (Repealed)

  • (v)

    displays the words “CRAB TRAP” followed by the name of the person who set the trap, in clearly visible letters which are not less than 50 mm in height and are of a colour which contrasts with that of the buoy,

• (b)

  the trap is not set or used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 3 metres apart,

• (c), (d)

  (Repealed)

• (e)

  a person (other than a commercial fisher) does not set or use more than 1 crab trap at any one time,

• (f)

  the crab trap is not made of entanglement material.

• (g)

  (Repealed)

(2)

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

TableCrab trap

1, 2

(Repealed)

3

(a) Waters—Any waters (other than inland and ocean waters). (b) Description of trap—Not exceeding 1.2 metres in length, 1 metre in width and 0.5 metre in depth (or has a diameter not exceeding 1.6 metres at the top or bottom); consisting of mesh not less than 50 mm; having not more than 4 entrance funnels none of which are on the top of the trap (excluding any access doors for removing crabs from the trap or baiting the trap).

62Bait trap(1)

It is lawful to use a trap for the taking of bait in any waters (other than inland waters) if the trap complies with the description as set out in the Table to this clause and a person (other than a commercial fisher) does not set or use more than 1 bait trap at any one time.

(2)

For the purpose of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a bait trap.

TableBait trap

• •

  Description of trap—Not exceeding 450 mm in length and 350 mm in diameter with any entrance funnel not exceeding 60 mm in diameter.

63Yabby trap(1)

It is lawful to use a trap for taking freshwater crayfish (of the species commonly known as the yabby) in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

• (a)

  a commercial fisher does not:

  • (i)

    set or use more than 50 yabby traps at any one time in Lake Victoria, Talpee Lake, Yanga Lake, Lake Benanee, Dry Lake, Lake Cargelligo, Lake Cowal, Lake Poon Boon, Lake Genoe, Lake Cawndilla, Lake Menindee, Lake Panamaroo, and all waters west of the Darling River, or

  • (ii)

    set or use more than 25 yabby traps at any one time in any other inland waters,

• (b)

  a person (other than a commercial fisher) does not set or use more than 5 yabby traps at any one time and does not leave any trap set for more than 24 hours in any period of 48 consecutive hours,

• (c)

  the position of a yabby trap is indicated by a buoy or stake above water level to which is attached the name of the person using the trap.

(2)

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

TableYabby trap

1

(a) Waters—Inland waters, other than: (i) waters east of the Newell Highway, (ii) the Murray River from the Newell Highway at Tocumwal downstream to the Echuca road bridge, (iii) the Edward River from the Murray River at Picnic Point downstream to Stevens Weir, (iv) the Murrumbidgee River from Narrandera to the Darlington Point road bridge. (b) Description of trap—Not exceeding 1 metre in length, 0.6 metre in width and 0.3 metre in depth; constructed of netting or mesh (not being rigid mesh, such as metal or hard plastic) not less than 13 mm; has entrance funnel or funnels containing a rigid ring with a maximum internal diameter of 90 mm permanently affixed at some point along the funnel or funnels.

64Shrimp trap(1)

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

• (a)

  A person does not set or use more than 1 shrimp trap at any one time.

• (b)

  The shrimp trap must have attached to it a tag of not less than 80 mm by 45 mm with the name of the person using the trap marked on it.

(2)

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

TableShrimp trap

1	(a) Waters—Inland waters. (b) Description of trap—Not exceeding 0.6 metre in length, 0.5 metre in width and 0.5 metre in depth; constructed of netting or mesh not greater than 13 mm; has entrance funnels which are not more than 35 mm in width at the narrowest point measured on any axis.

65

(Repealed)

Division 7Miscellaneous66Set lines and hand held lines(1)

A person must not for the purpose of taking fish in any waters (other than inland waters):

• (a)

  use more than 4 hand held lines, or

• (b)

  use any hand held line with more than 3 hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure, or

• (c)

  use any hand held line with a gang of hooks that comprises more than 5 hooks attached.

Maximum penalty: 100 penalty units.

(2)

Subclause (1) (b) does not apply to a person who, for the purpose of taking fish in any ocean waters or estuarine waters, uses not more than 1 hand held line with not more than 6 hooks attached, if:

• (a)

  a lure is fixed to each hook, and

• (b)

  the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.

(3)

A person must not for the purpose of taking fish (other than Atlantic salmon or trout) in any inland waters:

• (a)

  use more than 2 hand held lines, or

• (b)

  use any line with more than 2 hooks or 3 treble hooks attached to a lure.

Maximum penalty: 100 penalty units.

(4)

This clause does not apply in respect of the holder of an endorsement in any of the following fisheries, when the holder is taking fish for sale in that fishery:

• (a)

  estuary general share management fishery,

• (b)

  ocean trap and line share management fishery.

Note—

The management plans for the above share management fisheries set out the relevant restrictions on use of lines.

(5)

In this clause:

gang of hooks means a group of hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.

hand held line means a rod and line or handline.

Note 1—

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.

Note 2—

Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.

Any species of fish.	Any method involving the use of a lobster trap.	All year.
Port Kembla—Outer Harbour
The whole of the waters of the Port Kembla Harbour (Outer Harbour) within the following boundary: east of a line drawn from the green navigation light on the western end of the northern bank of the inner harbour entrance canal to the red navigation light at the western end of the southern bank of the inner harbour entrance canal, and from the most northerly extremity of the eastern breakwater, west to the southern extremity of the northern breakwater.	Any species of fish.	Any method involving the use of a net or trap (other than a landing net).	All year.
Port Kembla—Inner Harbour
The whole of the waters of the Inner Harbour of Port Kembla, formerly known as Tom Thumb’s Lagoon, and its creeks and tributaries west of a line drawn from the green navigation light on the western end of the northern bank of the inner harbour entrance canal to the red navigation light at the western end of the southern bank of the inner harbour entrance canal.	Any species of fish.	Any method.	All year.
Para or Fairy Creek—Nets
The whole of the waters of Para or Fairy Creek, together with its creeks and tributaries, from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Lake Illawarra
The whole of the waters of that part of the entrance to Lake Illawarra from the confluence of Lake Illawarra and the South Pacific Ocean upstream to a line drawn from the north-western corner of portion 44 in the parish of Wollongong; then by lines bearing 291 degrees 30 minutes 333 metres 228 degrees 57 minutes 174 metres and 191 degrees 30 minutes 718 metres, respectively, to a post marked broad-arrow over FD on the north-western shore of Bevans Island; then by that shore of that island bearing generally south-westerly, in all about 233 metres to a point marked broad-arrow over FD at the westernmost extremity of that island, and then by a line bearing approximately 205 degrees about 565 metres to a peg marked broad-arrow over E on the southern shore of Lake Illawarra.	Any species of fish.	Any method involving the use of the following: (a) a hoop or lift net, (b) a hand-hauled prawn net, (c) a push or scissors net (prawns), (d) a crab trap, (e) a lobster trap.	All year.
Lake Illawarra (Mullet Creek)—Nets
The whole of the waters of Mullet Creek together with its creeks and tributaries from its confluence with Lake Illawarra upstream to its source.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Minnamurra River
The whole of the waters of Minnamurra River, its creeks and tributaries from its source downstream to the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Currambene Creek—Lady Denman Heritage Complex
The waters comprised in Lady Denman Heritage Complex Fish Enclosure in the Currambene Creek (Crown Lands reserve number R96376; Shoalhaven City Council reserve number BHU603).	Any species of fish.	Any method.	All year.
Shoalhaven River (Tallowa Dam)
The whole of the waters of the Shoalhaven River from the Tallowa Dam wall, downstream for a distance of 300 metres to a line drawn across the river indicated by two posts on opposite banks of the river.	Any species of fish.	Any method.	All year.
Crookhaven River Entrance—Traps
The whole of the waters of the Crookhaven River from its confluence with the South Pacific Ocean upstream to a line drawn from the western extremity of Orient Point, generally north-easterly to the south-eastern extremity of Haven Island, then generally easterly to the western extremity of the training wall of Comerong Island.	Any species of fish.	Any method involving the use of a trap (other than a bait trap).	All year.
St Georges Basin including Sussex Haven
The whole of the waters of Sussex Haven, its creeks, inlets and canals from its confluence with the South Pacific Ocean upstream to its confluence with St Georges Basin.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Swan Lake—Nets
The whole of the waters of Swan Lake bounded by a line commencing at a post marked “FD” on the eastern foreshore of Swan Lake at the intersection of the western prolongation of the southern boundary of portion 54 with the high water mark, then by a line bearing due west for 91m, then by a northerly line to a point 91m due west of a post marked “FD” on the said foreshore at the intersection of the western prolongation of the northern boundary of portion 56, then by a line easterly to that post, and then generally southerly by the high-water mark to the point of commencement.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Canal Lagoon or Berrara Creek—Nets
The whole of the waters of Canal Lagoon or Berrara Creek from their confluence with the South Pacific Ocean upstream to their source.	Any species of fish.	Any method involving the use of a hoop or lift net.	All year.
Tabourie Lake—Nets
The whole of the waters of Tabourie Lake, its creeks and tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a hoop or lift net.	All year.
Willinga Lake—Nets
The whole of the waters of Willinga Lake (including its entrance) together with all its creeks, inlets and bays.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Butler’s Creek—Nets
The whole of the waters of Butler’s Creek from its confluence with the South Pacific Ocean upwards to its source.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Willija (or ‘Y’) Swamp
The whole of the waters of Willija (or ‘Y’) Swamp at Moruya Heads.	Any species of fish.	Any method involving the use of a net or a trap (other than a landing net).	All year.
Moruya River—Upper Reaches
All of the waters of Moruya (or Deua) River and its tributaries, including Wamban Creek, upstream from the Kiora Bridge to its source.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Wagonga Inlet
The whole of the waters of Wagonga Inlet and its tributaries westward of a line drawn north-west across the entrance from the northernmost extremity of Wagonga Head.	Any species of fish.	Any method involving the use of the following: (a) a hoop or lift net, (b) a hand-hauled prawn net, (c) a push or scissors net (prawns), (d) a crab trap, (e) a lobster trap.	All year.
Wapengo Lake
The whole of the waters of that part of Wapengo Lake, its creeks, tributaries and inlets, from a line drawn across the entrance to the Lake at its confluence with the South Pacific Ocean, upstream to a line drawn from the north-eastern (foreshore) corner of Oyster Farm No. 57-112, to the south-eastern (foreshore) corner of Oyster Farm No. 69-332.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Bega River
The whole of the waters of the Bega River, its creek, tributaries, inlets and lagoons (including Jellat Jellat Creek and the Brogo River) upstream to its source from a line drawn easterly across the Bega River from the southernmost point of the entrance to Jellat Jellat Creek.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Sandy Beach Creek and Bournda Lagoon
The whole of the waters of Sandy Beach Creek and Bournda Lagoon, together with all their inlets, creeks and tributaries.	Any species of fish.	Any method involving the use of a net, other than the following: (a) dip or scoop net (prawns), (b) landing net.	All year.
Merimbula Lake—Shellfish
The whole of the waters of Merimbula Lake downstream from the causeway traffic bridge (Authur Kaine Drive) to its confluence with the South Pacific Ocean.	Any species of shellfish (Class: GASTROPODA / BIVALVIA).	Any method.	All year.
Merimbula Lake—Nets
The whole of the waters of Merimbula Lake and its creeks and tributaries from its confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of a hoop or lift net.	All year.
Towamba River—Nets
The whole of the waters of Towamba River and its creeks and tributaries upstream from its confluence with the South Pacific Ocean in Twofold Bay.	Any species of fish.	Any method involving the use of a net, other than the following: (a) a dip or scoop net (prawns), (b) a landing net.	All year.
Wonboyn River
The whole of the waters of Wonboyn River, including Broadwater, together with all its tributaries upward to its source from its confluence with the waters of the South Pacific Ocean.	Any species of fish.	Any method involving the use of a hoop or lift net.	All year.
Nadgee River
The whole of the waters of Nadgee River, Nadgee Lake, Merrica River and Little Creek, including all their creeks and tributaries from their confluence with the South Pacific Ocean upstream to their source.	Any species of fish.	Any method involving the use of a net or trap, other than the following: (a) a dip or scoop net (prawns), (b) a landing net, (c) a bait trap.	All year.

Schedule 3Importation of live fish—prohibited species

(Clause 340)

Column 1	Column 2
Species	Common name
Clariidae family	African catfish, broadhead catfish, eel catfish
Rutilus rutilus	Roach
Tinca tinca	Tench
Gymnotidae family	Naked back knifefish
Parachanna spp.	Snakehead
Trichomycteridae family	Candiru, pencil catfish
Crenicichla spp.	Pike cichlid
Pseudoplatystoma fasciatum	Tiger catfish
Malapteruridae family	Electric catfish
Ictalurus punctatus	Channel catfish
Himantura spp.	Freshwater stingray
Gasterosteidae family	Stickleback
Polypteridae family	Bichir
Schilbe spp.	Silver catfish, shoulderspot catfish
Perca fluviatilis	Redfin perch
Scortum barcoo	Barcoo grunter
Bidyanus welchi	Welchs grunter
Hephaestus fuliginosus	Sooty grunter
Oxyeleotris lineolatus	Sleepy cod
Any hybrid between members of the Terapontidae family	Hybrid grunter
Salmo salar	Atlantic salmon
Salvelinus fontinalis	Brook trout
Salmo trutta	Brown trout
Oncorhynchus mykiss	Rainbow trout
Lates calcarifer	Barramundi
Cherax tenuimanus	Marron
Cherax quadricarinatus	Redclaw
Haliotis spp.	Abalone

Schedule 4Waters in which spearfishing is prohibited

(Clause 71)

Note—

This Schedule lists the waters from which taking fish by use of a spear gun is prohibited under clause 71 (1) (b). Clause 71 (1) (a) also prohibits the taking of fish from any inland waters by use of a spear gun.

Bellinger River

County of Raleigh: The whole of the waters of that part of the Bellinger River within the following boundaries. Commencing at a point on the western bank of the north arm of the River due west of the northern extremity of the northern training wall and thence bounded by a line easterly to that training wall; thence by the northern training wall and the northern breakwater southerly and southeasterly to the eastern extremity of the northern breakwater; thence by a line southeasterly to the eastern extremity of the southern breakwater; thence by that breakwater and the southern training wall northwesterly to the northwestern extremity of the southern training wall; thence by a line northeast to the inner training wall; thence by that training wall and the western bank of the north arm southeasterly and northerly to the point of commencement; and the whole of the waters of South Lagoon together with all its creeks, tributaries and inlets.

Boambee Creek

County of Raleigh, Parish of Bonville: The whole of the waters of Boambee Creek, together with all its creeks, tributaries and inlets extending from the South Pacific Ocean upwards to its source.

Bonville Creek

County of Raleigh, Parish of Bonville: The whole of the waters of Bonville Creek, together with all its creeks, tributaries and inlets extending from the South Pacific Ocean upwards to its source.

Brisbane Water

County of Northumberland: The whole of the waters of that part of Brisbane Water together with all its creeks, tributaries, inlets and bays north of a line drawn westerly from the southern extremity of Box or Hawk Head to the eastern extremity of Green Point.

Brunswick River

That part of the Pacific Ocean within the following boundaries: Commencing at high water mark at a point 1,000 metres north of the northwestern corner of the northern training wall of the Brunswick River, County of Rouse, Parish of Billinudgel, then by that high water mark and the training wall to the easternmost point of the northern training wall; thence by a line to the easternmost point of the southern training wall; thence by that training wall and high water mark to a point 1,000 metres south of the southwestern corner of the southern training wall; thence by a line due east for 400 metres; thence by a line generally northwesterly to a point 400 metres due east of the point of commencement and thence by a line due west to the point of commencement.

Brunswick River

County of Rouse, Parishes of Brunswick and Billinudgel: The whole of the waters of Brunswick River and its tributaries from the most eastern extremities of the training walls to its source, excluding that part west of the traffic bridge (Pacific Highway) and that part north of the training walls in Marshall Creek and that part south of the foot bridge which crosses Simpsons Creek.

Burrill Lake

County of St Vincent, Parishes of Ulladulla and Woodburn: The whole of the entrance waters to Burrill Lake, including the bays and inlets and tributaries extending from a line drawn across the entrance waters from the northernmost point of Thisleton’s Point in a northeastern direction bearing 23 degrees, about 291 metres to a point on the northeastern foreshore of the lake, downwards to the South Pacific Ocean.

Camden Haven Inlet

The waters of that part of Camden Haven Inlet, from a line drawn across the entrance to the inlet from the easternmost extremity of the northern training wall to the easternmost extremity of the southern training wall, upstream to the bridge across the Inlet at Laurieton and including the waters of Gogley’s Bay and Gogley’s Creek, and that part of the waters of Queens Lake Entrance, from their confluence with Camden Haven Inlet upstream to the North Haven road bridge.

Candlagan Creek

County of St Vincent: The whole of the waters of Candlagan Creek and adjacent ocean waters below the traffic bridge, commencing from the southeast pylon of the bridge, thence by a line bearing 130 degrees to an established concrete cairn at the entrance of the creek, thence by a line bearing 66 degrees to a position marked by a broad arrow painted white on the rocks on the northern side of the entrance, thence bounded by the northern shore of Candlagan Creek to the northeastern pylon of the bridge, thence along the bridge to the point of commencement.

Clarence River

County of Clarence: The waters of that part of the main Clarence River from a line drawn across the entrance to that river from the eastern extremity of the Iluka training wall to the eastern extremity of the Yamba training wall, upstream to a line drawn southwesterly from the northwestern extremity of the Goodwood Island training wall to the northwestern extremity of Orogandiman or Freeburn Island, thence generally southeasterly by the northern and northeastern foreshores of that island to the northwestern extremity of the middle training wall at the northern end of the old viaduct and thence across to the southern end of that viaduct on the southern foreshore of the Clarence River, thence by the southern foreshore of the Clarence River (including Yamba Bay) to the commencing point at the eastern extremity of the Yamba training wall; together with the waters of those parts of the Clarence River and the South Pacific Ocean from the Yamba training wall by the coastline to a point 20 metres south of Yamba Point and extending easterly from that coastline for a distance of 400 metres.

Clovelly Bay and Gordons Bay

The whole of the waters of Clovelly Bay and Gordons Bay including waters encompassed by a line commencing at the south-eastern extremity of Shark Point, extending south-easterly for 100 metres to a point 33°54.950′S, 151°16.300′E, then generally south-westerly to a point 33°55.100′S, 151°15.800′E, then 100 metres north-westerly to the easternmost point of the southern headland of Gordons (or Thompsons) Bay, then by the mean high water mark to the point of commencement.

Conjola Lake

County of St Vincent: the waters of that part of Conjola Lake and the whole of the waters of Berringer Lake, together with all their creeks, tributaries and inlets eastwards of a line drawn from the northern extremity of Roberts Point to the western extremity of Station Point, downstream to the South Pacific Ocean.

Crescent Head

County of Macquarie, Parish of Palmerston, Suburban Lands of Crescent Head. The whole of the tidal waters of that part of the South Pacific Ocean extending seawards for a distance of 400 metres from the line of high water, between the prolongation of the northern boundary of portion 325, and the prolongation of the northernmost northwestern boundary of Reserve No 63725 for Public Recreation and Resting Place, notified 13 January 1933.

Cudgen Creek

County of Rouse, Parish of Cudgen: The whole of the waters of that part of Cudgen Creek north of the traffic bridge at Kingscliff.

Cudgera Creek

County of Rouse, Parish of Cudgen: The whole of the waters of Cudgera Creek, together with its inlets, bays and tributaries upwards to its source from the South Pacific Ocean.

Evans River

County of Richmond, Parish of Riley at Evans Head: The whole of the tidal waters of the Evans River together with all of its tributaries, from the Pacific Highway Bridge, downstream to its meeting with the South Pacific Ocean, together with the waters of the South Pacific Ocean for a distance of 50 metres from the northern breakwall of the River.

Hastings River

County of Macquarie: The whole of the waters of that part of the Hastings River within the following boundaries: commencing at the eastern extremity of the northern breakwater and bounded thence by that breakwater and the northern training wall generally westerly and northerly to the P.W.D. Coal Wharf; thence by a line southwesterly to a point on the high water mark of that river at its intersection with the northerly prolongation of the eastern side of Park Street, Port Macquarie; thence by that high water mark, southeasterly, the confluence of Kooloonbung Creek with that river northeasterly, and again the high water mark of the Hastings River generally northeasterly to the southern training wall; thence by that training wall, and the southern breakwater generally easterly to the eastern extremity of that breakwater and thence by a line northerly to the point of commencement; also the whole of the waters of Kooloonbung Creek, Lake Innes, Cathie Lake and Cathie Creek, together with all their creeks, tributaries and inlets.

Inland WatersNote—

See clause 71 (1) (a) of this Regulation.

Killick Creek

County of Macquarie, Parish of Palmerston and Beranghi, Suburban Lands of Crescent Head: The whole of the waters of Killick or Crescent Head Creek and its creeks, tributaries, inlets and lagoons upwards from its confluence with the South Pacific Ocean to its source.

Korogoro Creek

County of Macquarie, Parish of Kinchela: The whole of the waters of Korogoro (Hat Head) Creek and Killick or Crescent Head Creek and their creeks, tributaries, inlets and lagoons upwards from their confluence with the South Pacific Ocean to their source.

Lake Illawarra

County of Camden, Parish of Wollongong: The waters described hereunder: commencing at the southeasternmost extremity of Berrwarra Point and bounded thence generally northwesterly by the northern foreshore of Lake Illawarra to the northwestern corner of portion 44, Parish of Wollongong; thence by lines bearing north 68 degrees 30 minutes west 444 metres south 48 degrees 57 minutes west 175 metres and south 11 degrees 30 minutes west 718 metres respectively, to a post marked broad arrow over “FD” on the northwestern shore of Bevans Island; thence by that shore of that island bearing generally south-southwesterly, in all about 233 metres to a point marked broad arrow over “FD” at the westernmost extremity of the said island, and thence by a line bearing approximately south 25 degrees west about 565 metres to a peg marked broad arrow over “E” on the southern shore of Lake Illawarra at the eastern point of entrance to Forster’s Creek; thence by the southern foreshore of Lake Illawarra generally northeasterly and southeasterly to the northeasternmost extremity of Purr Purr Point; thence by a line northeasterly to the westernmost extremity of Windang Island; and thence by a line northwesterly to the point of commencement.

Lake Macquarie

County of Northumberland: The whole of the waters of that part of the entrance to Lake Macquarie including Black Ned’s Bay extending generally easterly to the South Pacific Ocean, from a line across that entrance being the easterly prolongation of the northern side of Rawson Street, Swansea, County Northumberland: and the whole of the waters of that part of the South Pacific Ocean west of a line joining the more easterly extremities of the northern and southern breakwaters at the entrance to Lake Macquarie.

Manning River

Counties of Gloucester and Macquarie: The whole of the tidal waters of that part of the Manning River at Harrington within the following boundaries: Commencing at the southwestern extremity of the northern training wall and bounded thence by a line west to the northwestern bank of Manning River, by the line of high water mark generally northerly and easterly to the breakwater; by that breakwater generally easterly to its eastern extremity: by a line southwesterly to the northern extremity of the sandbank forming the southern point of entrance of Manning River (Harrington Inlet): by the line of high water mark of the southeastern bank of the Manning River generally southwesterly to the eastern shore of the mouth of Mangrove Creek; and thence by a line generally northeasterly to the point of commencement.

Manning River

County of Macquarie, Parish of Harrington: The whole of the waters of the lagoon north of the northern training wall at Manning River and near the entrance of the said river, known as the Harrington Swimming Lagoon.

Minnamurra River

County of Camden, Parishes of Terragong and Kiama: the whole of the waters of Minnamurra River, its creeks and tributaries from its source downwards to the South Pacific Ocean.

Mooball Creek

County of Rouse, Parish of Cudgen: The whole of the tidal waters of that part of Mooball Creek from the traffic bridge at Pottsville downstream to its confluence with the waters of the South Pacific Ocean.

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.

Shelly Beach Lagoon

The whole of the waters of Shelly Beach Lagoon bounded by the reef that surrounds the lagoon at the southern end of Shelly Beach in Port Macquarie.

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

(Clause 413)

Column 1	Column 2
Offence	Amount of penalty
Part 1 Offences under the Act
Section 14 (1)	$500
Section 14 (2)	$500
Section 16 (1)	$500
Section 16 (2)	$500
Section 16 (3)	$500
Section 16 (4)	$500
Section 17 (2)	$500
Section 17 (2A)	$500
Section 18 (2)	$500
Section 18 (2A)	$500
Section 19 (2)	$500
Section 19 (3)	$500
Section 20 (3) (a)	$2,750
Section 20 (3) (b)	$5,500
Section 20 (3) (c)	$2,750
Section 20 (5)	$2,750
Section 20A (3) (a)	$500
Section 20A (3) (b)	$500
Section 22 (2)	$200
Section 24 (1)	$500
Section 25 (1)	$500
Section 34J (1)	$200
Section 34J (2)	$200
Section 35 (1)	$500
Section 39 (2)	$200
Section 65 (1)	$200
Section 68 (6C)	$500
Section 70 (4B)	$500
Section 87 (4)	$200
Section 87 (5)	$200
Section 88 (2)	$200
Section 102 (1)	$500
Section 104 (7)	$500
Section 107 (1)	$500
Section 108 (7) in relation to a contravention of a condition referred to in clause 153 (1) (b), (c) or (j) of the Fisheries Management (General) Regulation 2002	$200
Section 108 (7) in any other case	$500
Section 110 (9)	$100
Section 112 (4)	$500
Section 117 (1)	$500
Section 118 (7)	$500
Section 119 (3)	$300
Section 121 (4)	$300
Section 121 (5)	$200
Section 122 (4)	$300
Section 122 (5)	$200
Section 122 (6)	$300
Section 122A (3)	$300
Section 122A (4)	$200
Section 123 (1)	$500
Section 123 (2)	$500
Section 123 (3)	$500
Section 123A (1)	$500
Section 124	$300
Section 127B (2)	$200
Section 127B (3)	$500
Section 127C (7)	$200
Section 127E (4)	$300
Section 127E (5)	$200
Section 127EB	$300
Section 144 (1)	$500
Section 152 (3)	$200
Section 155	$100
Section 170 (3)	$200
Section 171 (3)	$200
Section 179 (1) (a)	$200
Section 179 (1) (b)	$200
Section 183 (5)	$500
Section 184	$300
Section 185	$300
Section 186	$300
Section 190 (2)	$200
Section 197K (1)	$500
Section 197K (2)	$500
Section 200 (1)	$1,000
Section 201 (1)	$1,000
Section 204B (2)	$1,000
Section 205 (2)	$500
Section 206 (1)	$1,000
Section 207 (2)	$200
Section 210 (1)	$300
Section 211 (1)	$300
Section 216 (1)	$300
Section 217 (1)	$500
Section 217 (2)	$500
Section 219 (1) (a)	$1,000
Section 219 (1) (b)	$1,000
Section 219 (1) (c)	$1,000
Section 220I (4)	$100
Section 220ZA in relation to the offence of harming fish or marine vegetation of an endangered species, population or ecological community	$2,500
Section 220ZA in relation to the offence of harming fish or marine vegetation of a vulnerable species	$1,000
Section 220ZB (1) in relation to the offence of buying, selling or having in possession fish or marine vegetation of an endangered species	$2,500
Section 220ZB (1) in relation to the offence of buying, selling or having in possession fish or marine vegetation of a vulnerable species	$1,000
Section 220ZC (1)	$5,500
Section 220ZD	$2,500
Section 221D (3)	$500
Section 221IJ	$2,500
Section 221O (5)	$5,000
Section 247 (1)	$200
Section 247 (2) in relation to assaulting, abusing or threatening fisheries officer	$200
Section 247 (2) in relation to encouraging another person to assault, abuse or threaten fisheries officer	$200
Section 247 (3)	$200
Section 248 (4)	$200
Section 249 (3)	$200
Section 251 (2)	$200
Section 256 (4)	$500
Section 257 (4)	$200
Section 258 (2)	$200
Section 258A (6)	$500
Section 259 (1)	$300
Section 279A (1)	$500
Part 2 Offences under Fisheries Management (General) Regulation 2002
Clause 20B (2)	$500
Clause 20B (3)	$500
Clause 66 (1)	$500
Clause 66 (3)	$500
Clause 67 (1)	$100
Clause 68 (3)	$200
Clause 68 (4)	$200
Clause 69 (1)	$100
Clause 70 (1)	$300
Clause 71 (1) (a)	$300
Clause 71 (1) (b)	$300
Clause 71 (1) (c)	$300
Clause 72 (1)	$300
Clause 73 (1)	$300
Clause 74 (1)	$100
Clause 75 (1)	$300
Clause 75 (2)	$500
Clause 75 (3)	$300
Clause 75 (4)	$300
Clause 76 (2)	$200
Clause 76 (3)	$200
Clause 77 (1)	$200
Clause 77 (2)	$200
Clause 77 (3)	$300
Clause 78	$500
Clause 79 (1)	$500
Clause 79 (2)	$300
Clause 79 (3)	$300
Clause 80	$500
Clause 81	$500
Clause 107 in relation to the causing the dispersal of fish	$200
Clause 107 in relation to the interference with the operations of commercial fisher	$200
Clause 108 (1)	$500
Clause 110	$200
Clause 111 (2)	$200
Clause 116B	$200
Clause 116C	$100
Clause 127 (1)	$100
Clause 127 (2)	$100
Clause 127 (3)	$200
Clause 128 (1)	$200
Clause 128A (1)	$300
Clause 128A (2)	$300
Clause 128A (3)	$300
Clause 129 (1)	$200
Clause 129 (2)	$200
Clause 130 (1)	$300
Clause 130 (2)	$200
Clause 131 (1)	$300
Clause 131 (2A)	$100
Clause 131 (3)	$300
Clause 132 (1)	$300
Clause 132 (2)	$300
Clause 133	$500
Clause 133B	$500
Clause 133DA	$200
Clause 165 (1)	$200
Clause 165 (2) (a)	$200
Clause 165 (2) (b)	$200
Clause 166 (2)	$200
Clause 167	$200
Clause 180 (3A)	$200
Clause 181 (6)	$200
Clause 280E (2)	$300
Clause 280F (2)	$200
Clause 280F (5)	$200
Clause 336	$500
Clause 337A	$200
Clause 340B	$500
Clause 340C	$500
Clause 340CA	$500
Part 2A Offences under Fisheries Management (Abalone Share Management Plan) Regulation 2000
Clause 38 of the Appendix to the Regulation (except in respect of a breach of clause 34 (1) of that Appendix)	$200
Part 3 Offences under Fisheries Management (Aquaculture) Regulation 2007
Clause 54 (1)	$200
Clause 54 (5)	$200
Clause 54 (6)	$200
Clause 55 (4)	$200
Clause 56 (6)	$200
Part 4 Offences under Fisheries Management (Aquatic Reserves) Regulation 2002
Long Reef
Clause 8 (1) (a)	$500
Clause 8 (1) (b)	$500
Clause 8 (2) (a)	$500
Clause 8 (2) (b)	$500
Shiprock
Clause 11 (1) (a)	$500
Clause 11 (1) (b)	$500
Clause 11 (2) (a)	$500
Clause 11 (2) (b)	$500
North Harbour
Clause 17 (1) (a)	$500
Clause 17 (1) (b)	$500
Clause 17 (2) (a)	$500
Clause 17 (2) (b)	$500
Bushranger’s Bay
Clause 21 (1) (a)	$500
Clause 21 (1) (b)	$500
Clause 21 (2) (a)	$500
Clause 21 (2) (b)	$500
Towra Point
Clause 27 (1) (a)	$500
Clause 27 (1) (b)	$500
Clause 27 (2) (a)	$500
Clause 27 (2) (b)	$500
Part 5 Offences under Fisheries Management (Lobster Share Management Plan) Regulation 2000
Clause 55 of the Appendix to the Regulation (except in respect of a breach of clause 27 (7) or 51 (1) of that Appendix)	$200