Fisheries Management (General) Regulation 2010 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Fisheries Management (General) Regulation 2010.

Note—

This Regulation replaces the Fisheries Management (General) Regulation 2002 which is repealed on 1 September 2010 under section 10 (2) of the Subordinate Legislation Act 1989.

2Commencement

This Regulation commences on 1 September 2010.

3Interpretation(1)

In this Regulation:

abalone means fish of the species Haliotis rubra.

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

certificate of survey means a certificate of survey in force under the National law (within the meaning of the Marine Safety Act 1998).

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

commercial fishing boat activity has the same meaning as in section 107 of the Act.

crab trap means a recreational crab trap or a commercial crab trap.

dealing has the meaning given by section 88A of the Act.

declared commercial fishing boat activity—see clause 134.

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 the Department.

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 11.

fishing business transfer rules means the provisions of Part 6.

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 3 of Part 9.

inland waters means waters not subject to tidal influence.

licensed fishing boat means a fishing boat authorised under a fishing boat licence to be used for declared commercial fishing boat activities.

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.

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.

measured length of a boat means the length determined in accordance with clause 145.

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.

pipi means fish of the species Donax deltoides.

prawn means species of fish in the family Penaeidae and Macrobrachium spp.

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 the Department.

restricted species of fish means any species of fish referred to in either of the Tables to clause 11.

rocklobster means eastern rocklobster (Sagmariasus verreauxi), southern rocklobster (Jasus edwardsii) and tropical rocklobster (Panulirus spp. except Panulirus cygnus).

sea urchin means species of fish in the class Echinoidea.

sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 9.

shellfish means species of fish in the classes Gastropoda and Bivalvia.

southern fish trawl endorsement means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.

southern fish trawl restricted fishery means the restricted fishery declared under Division 2 of Part 9.

the Act means the Fisheries Management Act 1994.

tributary of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water.

turban shell means species of fish in the family Turbinidae.

turban snail means fish of the species Turbo torquatus and Turbo militaris.

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

yabby means fish of the species Cherax.

Note—

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

(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.

Note—

The common name of a species of fish is generally the standard name for the fish as defined in the Australian Standard entitled AS SSA 5300—2009, Australian Fish Names Standard published on 31 July 2009.

(3)

A reference in this Regulation to being convicted of an offence includes a reference to being found guilty of the offence.

(4)

A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act.

(5)

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

(6)

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

4The share 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 a share management plan is inconsistent with any other regulation under the Act, the share management plan prevails (unless the provision of the regulation is expressed to have effect despite the share management plan).

Part 2Protected fish, protected waters, prohibited size fish and bag limitsNote—

Part 7A of the Act deals with the conservation of threatened species of fish and includes prohibitions on the taking of certain species of fish.

Division 1Protected fish5Protected fish(1)

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

(2)

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

Table 1Protected fishPart 1Marine or estuarine species

Common name	Species
Ballina Angelfish	Chaetodontoplus ballinae
Blue Drummer, Bluefish	Girella cyanea
Eastern Blue Devil, Bleekers Devil Fish	Paraplesiops bleekeri
Elegant Wrasse	Anampses elegans
Goldspotted Rockcod, Estuary Cod	Epinephelus coioides
Ghostpipefish	All species of the family Solenostomidae
Queensland Groper, Giant Queensland Groper	Epinephelus lanceolatus
Sandtiger Shark, 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
Isopod	Crenoicus harrisoni

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

Common name	Species
Ballina Angelfish	Chaetodontoplus ballinae
Blue Drummer, Bluefish	Girella cyanea
Eastern Blue Devil, Bleekers Devil Fish	Paraplesiops bleekeri
Elegant Wrasse	Anampses elegans
Ghostpipefish	All species of the family Solenostomidae
Queensland Groper, Giant Queensland Groper	Epinephelus lanceolatus
Sandtiger Shark, 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
Isopod	Crenoicus harrisoni

6Fish 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
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper	Achoerodus viridis
Black Marlin	Makaira indica
Blue Marlin	Makaira nigricans
Striped Marlin	Tetrapturus audax

Part 2Freshwater species

Common name	Species
Atlantic Salmon	Salmo salar
Australian Bass	Macquaria novemaculeata
Freshwater Catfish, Eel-tailed Catfish	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, Yellow Belly Perch	Macquaria ambigua
Murray Cod	Maccullochella peelii peelii
Brook Trout	Salvelinus fontinalis
Brown Trout	Salmo trutta
Rainbow Trout	Oncorhynchus mykiss

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

Common name	Species
Black Marlin	Makaira indica
Blue Marlin	Makaira nigricans
Striped Marlin	Tetrapturus audax

Part 2Freshwater species

Common name	Species
Atlantic Salmon	Salmo salar
Australian Bass	Macquaria novemaculeata
Freshwater Catfish, Eel-tailed Catfish	Tandanus tandanus
Estuary Perch	Macquaria colonorum
Freshwater Crayfish	All species of the genera Euastacus and Cherax except for the common yabby Cherax destructor
Brook Trout	Salvelinus fontinalis
Brown Trout	Salmo trutta
Rainbow Trout	Oncorhynchus mykiss

7Defence—blue drummer taken from Lord Howe Island waters(1)

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 blue drummer if the person charged satisfies the Court that:

(a)
the blue drummer 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.

(2)

In this clause, blue drummer means fish of the species Girella cyanea also known as bluefish.

8Defence—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, ghostpipefish, pipefish, pipehorses, seadragons and seahorses), 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.

Division 2Fish and waters protected from commercial and recreational fishing9Fish and waters protected from commercial fishing(1)

For the purposes of section 20 (2) of the Act, it is declared that:

(a)
the waters specified in Schedule 3 are waters in which the class of commercial fishing specified in that Schedule as being a prohibited class of commercial fishing in relation to those waters is prohibited, and
(b)
all ocean and estuarine waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:
- (i)
  a fishing activity referred to in Schedule 1 to the Act,
- (ii)
  the taking of sea urchin or turban shell,
- (iii)
  the 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,
- (iv)
  the taking of fish from Lord Howe Island waters, and
(c)
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.

Note—

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

10Fish and waters protected from recreational fishing(1)

For the purposes of section 20A (2) of the Act, it is declared that, in the waters specified in Schedule 4, the class of recreational fishing that is prohibited is the taking of fish of the species, by the prohibited fishing method and during the period, specified in relation to those waters in that Schedule.

(2)

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

(3)

A reference in Schedule 4 to a distance upstream or downstream in particular waters is to be read as a reference to the distance as measured along an imaginary line drawn through the centre of those waters.

Division 3Prohibited size fish11Prohibited 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.

(2)

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.

(3)

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

(a)
except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail,
(b)
in the case of abalone—the diameter of the shell is to be measured along its longest axis,
(c)
in the case of balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),
(d)
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,
(e)
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,
(f)
in the case of murray crayfish or other spiny crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace,
(g)
in the case of rocklobster—the length of the carapace of the rocklobster 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),
(h)
in the case of turban snail—the diameter of the shell is to be measured along its longest axis.

(4)

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
Rock Blackfish	Girella elevata	30
Black Bream, Southern Bream	Acanthopagrus butcheri	25
Yellowfin Bream	Acanthopagrus australis	25
Dusky Flathead, Common Flathead	Platycephalus fuscus	36
Bluespotted Flathead, Sand Flathead	Platycephalus caeruleopunctatus	33
Tiger Flathead	Platycephalus richardsoni	33
Flounder	Bothidae spp. and Pleuronectidae spp.	25
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper	Achoerodus viridis	30
Luderick, Blackfish	Girella tricuspidata	27
Spanish Mackerel	Scomberomorus commerson	75
Spotted Mackerel	Scomberomorus munroi	60
Mahi Mahi, Dolphinfish	Coryphaena hippurus	60
Jackass Morwong	Nemadactylus macropterus	30
Red Morwong, Sea Carp	Cheilodactylus fuscus	30
Grey Morwong, Rubberlip Morwong	Nemadactylus douglasii	30
Sea Mullet, Bully Mullet	Mugil cephalus	30
Mulloway, Jewfish	Argyrosomus japonicus	45
Pearl Perch	Glaucosoma scapulare	30
School Shark	Galeorhinus galeus	91
Snapper	Pagrus auratus	30
Tailor	Pomatomus saltatrix	30
Tarwhine	Rhabdosargus sarba	20
Teraglin	Atractoscion aequidens	38
Silver Trevally	Pseudocaranx dentex	30
Sand Whiting, Silver Whiting	Sillago ciliata	27
Yellowtail Kingfish	Seriola lalandi	65

Part 2Invertebrates—Marine or estuarine

Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Blacklip Abalone, Abalone	Haliotis rubra	11.7
Balmain Bug	Ibacus peronii, ibacus chacei	10
Blue Swimmer Crab, Sand Crab	Portunus armatus	6.5 in the case of a holder of an endorsement in a share management fishery or the southern fish trawl restricted fishery 6 in any other case
Mud Crab, Black Crab, Mangrove Crab	Scylla serrata	8.5
Spanner Crab	Ranina ranina	9.3
Eastern Rocklobster	Sagmariasus verreauxi	10.4
Southern Rocklobster (male)	Jasus edwardsii	11
Southern Rocklobster (female)	Jasus edwardsii	10.5
Sydney Turban Snail	Turbo torquatus	7.5
Military Turban Snail	Turbo militaris	7.5

Part 3Fish—Freshwater or estuarine

Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Freshwater Catfish, Eel-tailed Catfish	Tandanus tandanus	30
Murray Cod	Maccullochella peelii peelii	55
Longfin Eel	Anguilla reinhardtii	58
Southern Shortfin Eel	Anguilla australis	30
Golden Perch, Yellow Belly Perch	Macquaria ambigua	30
Silver Perch	Bidyanus bidyanus	25
Atlantic Salmon	Salmo salar	25
Brook Trout	Salvelinus fontinalis	25
Brown Trout	Salmo trutta	25
Rainbow Trout	Oncorhynchus mykiss	25

Part 4Invertebrates—Freshwater or estuarine

Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Spiny Crayfish, Eastern Freshwater Crayfish (other than Murray Crayfish)	Euastacus spp. (other than Euastacus armatus)	9
Murray Crayfish	Euastacus armatus	10

Part 5Minimum weight

Column 1	Column 2
Common name	Species	Minimum weight in grams
Longfin Eel	Anguilla reinhardtii	500

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

Column 1	Column 2
Common name	Species	Maximum measurement in centimetres
Eastern Rocklobster	Sagmariasus verreauxi	18

Part 2Fish—Freshwater or estuarine

Column 1	Column 2
Common name	Species	Maximum measurement in centimetres
Murray Cod	Maccullochella peelii peelii	75

Part 3Invertebrates—Freshwater or estuarine

Murray Crayfish

Euastacus armatus

12Defence—taking of mullet for bait(1)

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, 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.

(2)

In this clause, mullet means fish of the species Mugil cephalus.

Division 4Bag limits13Bag 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.

14Bag limits—possession of fish(1)

For the purposes of section 17B (1) (a) 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 3 of Part 1 or 2 of that Table.

(2)

For the purposes of section 17B (1) (a) 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 of the Table, 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.

15General 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.

16Application 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 fish taken for use as bait in charter fishing operations set out in clause 17.

17Application 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 are not taken or in possession for sale.

(2)

In this clause:

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

(a)
Engraulis australis (Australian anchovy),
(b)
species of family Hemiramphidae (garfish) other than Hyporhamphus australis) (eastern sea garfish),
(c)
species of family Atherinidae (hardyhead, silverfish),
(d)
Herklotsichthys castelnaui (southern herring),
(e)
Scomber australasicus (blue mackerel, slimy mackerel),
(f)
Etrumeus teres (maray, round herring),
(g)
Sardinops neopilchardus (Australian sardine, pilchard),
(h)
Spratelloides robustus (blue sprat, bluebait),
(i)
Hyperlophus vittatus (sandy sprat, whitebait),
(j)
Trachurus spp. (yellowtail, jack mackerel).

exempt charter fishing boat means a charter fishing boat used for guided recreational charter fishing principally in Lord Howe Island waters in respect of which a licence under Part 4A of the Act is not required.

guided recreational charter fishing means guided recreational charter fishing within the meaning of Part 13.

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

18Possession 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	Column 3
Common name	Species	Daily limit	Possession limit
Australian Anchovy	Engraulis australis	100	100
Banded Rockcod	Epinephelus ergastularius	5 comprised of any single species or a combination of species, with a maximum of 2 Gemfish	5 comprised of any single species or a combination of species, with a maximum of 2 Gemfish
Bass Groper, Bass Grouper	Polyprion americanus
Gemfish	Rexea solandri
Hapuku, Hapuka	Polyprion oxygenios
Blue-eye Trevalla, Trevalla	Hyperoglyphe antarctica
Billfish	Species of families Xiphiidae and Istiophoridae	1 of each species	1 of each species
Rock Blackfish	Girella elevata	10	10
Cobia	Rachycentron canadum	5	5
Australian Bonito	Sarda australis	10	10
Tarwhine	Rhabdosargus sarba	10 comprised wholly of any single species or a combination of species or 10 comprised wholly of Black Bream and Yellowfin Bream	20 comprised wholly of any single species or a combination of species or 20 comprised wholly of Black Bream and Yellowfin Bream
Black Bream, Southern Bream	Acanthopagrus butcheri
Yellowfin Bream	Acanthopagrus australis
Dusky Flathead, Common Flathead	Platycephalus fuscus	10 (with not more than one longer than 70 cm)	10 (with not more than one longer than 70 cm)
Bluespotted Flathead, Sand Flathead	Platycephalus caeruleopunctatus	10 comprised wholly of a single flathead species or a combination of species except for Dusky Flathead, which are subject to a separate limit	20 comprised wholly of a single flathead species or a combination of species except for Dusky Flathead, which are subject to a separate limit
Tiger Flathead	Platycephalus richardsoni
Flathead	Platycephalus spp.
Flounder	Species of families Bothidae and Pleuronectidae	20 comprised wholly of any single species or a combination of species	20 comprised wholly of any single species or a combination of species
Sole	Species of families Cynoglossidae and Soleidae
Eastern Sea Garfish	Hyporhamphus australis	20	20
Garfish (except Eastern Sea Garfish)	Species of family Hemiramphidae	50 comprised wholly of any single species or a combination of species	50 comprised wholly of any single species or a combination of species
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper	Achoerodus viridis	2 (only 1 of which can be longer than 60 cm)	2 (only 1 of which can be longer than 60 cm)
Largehead Hairtail, Hairtail	Trichiurus lepturus	10	10
Hardyhead, Silverfish	Species of family Atherinidae	50 comprised wholly of any single species or a combination of species	50 comprised wholly of any single species or a combination of species
Southern Herring	Herklotsichthys castelnaui	100	100
Yellowtail Kingfish	Seriola lalandi	5	5
Leatherjacket	Species of family Monacanthidae	20 comprised wholly of any single species or a combination of species	20 comprised wholly of any single species or a combination of species
Luderick, Blackfish	Girella tricuspidata	10	20
Blue Mackerel, Slimy Mackerel	Scomber australasicus	50	50
Spotted Mackerel	Scomberomorus munroi	5 comprised wholly of Spotted Mackerel or wholly of Spanish Mackerel or partly of each	5 comprised wholly of Spotted Mackerel or wholly of Spanish Mackerel or partly of each
Spanish Mackerel	Scomberomorus commerson
Mahi Mahi, Dolphinfish	Coryphaena hippurus	10 (only 1 of which can be longer than 110 cm)	10 (only 1 of which can be longer than 110 cm)
Mangrove Jack	Lutjanus argentimaculatus	5	5
Maray, Round Herring	Etrumeus teres	100	100
Banded Morwong	Cheilodactylus spectabilis	5	5
Jackass Morwong	Nemadactylus macropterus	10	10
Red Morwong, Sea Carp	Cheilodactylus fuscus	5	5
Grey Morwong, Rubberlip Morwong	Nemadactylus douglasii	10	10
Mullet	Species of family Mugilidae	20 comprised wholly of any single species or a combination of species	20 comprised wholly of any single species or a combination of species
Mulloway, Jewfish	Argyrosomus japonicus	5 (only 2 of which can be longer than 70 cm)	5 (only 2 of which can be longer than 70 cm)
Moses Snapper, Moses Perch	Lutjanus russelli	5	5
Pearl Perch	Glaucosoma scapulare	5	5
Australian Sardine, Pilchard	Sardinops neopilchardus	100	100
Eastern Australian Salmon, Australian Salmon	Arripis trutta	5	5
Samsonfish, Amberjack	Seriola hippos, Seriola dumerili	5 comprised wholly of any single species or a combination of species	5 comprised wholly of any single species or a combination of species
Eastern Red Scorpionfish, Eastern Red Rockcod	Scorpaena cardinalis	5	5
Sharks and Rays (other than Wobbegongs)	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) Galeocerdo cuvier (Tiger Shark), (b) Isurus oxyrinchus (Shortfin Mako Shark), (c) Carcharhinidae family (Whaler Shark, Blue Shark), (d) Sphyrna zygaena (Smooth Hammerhead Shark).	5 comprised wholly of any single species or a combination of species but with no more than one of each of the following: (a) Galeocerdo cuvier (Tiger Shark), (b) Isurus oxyrinchus (Shortfin Mako Shark), (c) Carcharhinidae family (Whaler Shark, Blue Shark), (d) Sphyrna zygaena (Smooth Hammerhead Shark).
Snapper	Pagrus auratus	10	10
Blue Sprat, Bluebait	Spratelloides robustus	100	100
Sandy Sprat, Whitebait	Hyperlophus vittatus	100	100
Australian Sawtail, Sawtail Surgeon	Prionurus microlepidotus	5	5
Tailor	Pomatomus saltatrix	10	20
Teraglin	Atractoscion aequidens	5	5
Trevally	Pseudocaranx dentex, Caranx spp.	10 comprised wholly of any single species or a combination of species	20 comprised wholly of any single species or a combination of species
Albacore, Albacore Tuna	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	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
Bigeye Tuna	Thunnus obesus
Longtail Tuna	Thunnus tonggol
Yellowfin Tuna	Thunnus albacares
Southern Bluefin Tuna	Thunnus maccoyii	1	1
Wahoo	Acanthocybium solandri	5	5
Wobbegong	Orectolobus spp.	0	0
Whiting	Sillago spp.	20 comprised of any single species or a combination of species	20 comprised of any single species or a combination of species
Yellowtail, Jack Mackerel	Trachurus spp.	50 comprised wholly of any single species or a combination of species	50 comprised wholly of any single species or a combination of species

Part 2Invertebrates

Column 1	Column 2	Column 3
Common name	Species	Daily limit	Possession limit
Blacklip Abalone, Abalone	Haliotis rubra	2	2
Beachworm	Species of family Onuphidae	20	20
Cockle	Anadara trapezia	50 comprised wholly of Cockles or wholly of Pipis or wholly of Blue Mussels or partly of each	50 comprised wholly of Cockles or wholly of Pipis or wholly of Blue Mussels or partly of each
Pipi	Donax deltoides
Blue Mussel, Mussel	Mytilus galloprovincialis
Blue Swimmer Crab, Sand Crab	Portunus armatus	10	20
Mud Crab, Black Crab, Mangrove Crab	Scylla serrata	5	5
Spanner Crab	Ranina ranina	10	10
Soldier Crab	Species of family Mictyridae	100 comprised wholly of any single species or a combination of species	100 comprised wholly of any single species or a combination of species
Crab (except for Blue Swimmer Crab, Sand Crab, Mud Crab, Spanner Crab and Soldier Crab)	Species of subclass Brachyura	10 comprised wholly of any single species or a combination of species	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	20 comprised wholly of any single species or a combination of species
Eastern Rocklobster	Sagmariasus verreauxi	2 comprised wholly of any single species or a combination of species	2 comprised wholly of any single species or a combination of species
Southern Rocklobster	Jasus edwardsii
Tropical Rocklobster, Painted Rocklobster, Ornate Rocklobster	Panulirus spp. except Panulirus cygnus	2 comprised wholly of any single species or a combination of species	2 comprised wholly of any single species or a combination of species
Slipper Lobster, Flat Lobster	Scyllarides spp.	2	2
Octopus	All species	10 comprised wholly of any single species or a combination of species	10 comprised wholly of any single species or a combination of species
Sydney Rock Oyster	Saccostrea glomerata	50 comprised wholly of any single species or a combination of species	50 comprised wholly of any single species or a combination of species
Pacific Oyster	Crassostrea gigas
Native Oyster, Flat Oyster, Drift Oyster	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	20 comprised wholly of any single species or a combination of species
Prawns	Species of family Penaeidae and Macrobrachium spp.	10 litres	10 litres
Saltwater nippers	Species of genus Callianassa and Alpheus spp.	100 comprised wholly of any single species or a combination of species	100 comprised wholly of any single species or a combination of species
Scallops	Species of family Pectinidae	50	50
Sea Urchin	Species of class Echinoidea	10 comprised wholly of any single species or a combination of species	10 comprised wholly of any single species or a combination of species
Squid	All species	20 comprised wholly of any single species or a combination of species	20 comprised wholly of any single species or a combination of species
Cuttlefish	All species
Worms (except beachworms)	Species of class Polychaeta other than family Onuphidae	100 comprised wholly of any single species or a combination of species	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, Yellow Belly Perch	Macquaria ambigua	All waters of NSW	5	10
Murray Cod	Maccullochella peelii peelii	All waters of NSW	2	4
Silver Perch	Bidyanus bidyanus	Waters from which Silver Perch may lawfully be taken	5	10
Freshwater Catfish, Eel-tailed Catfish	Tandanus tandanus	Backed up waters of dams and impoundments	5	10
All other waters of NSW	2	4
Australian Bass	Macquaria novemaculeata	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
Estuary Perch	Macquaria colonorum
Australian Bass	Macquaria novemaculeata	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 (only 1 of which can be longer than 35 cm)
Estuary Perch	Macquaria colonorum
Atlantic Salmon	Salmo salar	All waters of NSW	5 comprised of any single species or a combination of species	10 comprised of a combination of species
Brook Trout	Salvelinus fontinalis
Brown Trout	Salmo trutta
Rainbow Trout	Oncorhynchus mykiss

Part 4Invertebrates—Freshwater

Column 1	Column 2	Column 3	Column 4
Common name	Species	Waters	Daily limit	Possession limit
Spiny Crayfish (other than Murray Crayfish)	Euastacus spp. (other than Euastacus armatus)	All waters of NSW	5 (only 1 of which can be longer than 12 cm) comprised of any single species or a combination of species	10 (only 1 of which can be longer than 12 cm) comprised of any single species or a combination of species
Murray Crayfish	Euastacus armatus	All waters of NSW	2	4
Yabby	Cherax spp.	All waters of NSW	200	200

Division 5Miscellaneous19Part 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 minimum measurement, daily limit or possession limit in respect of any species of fish is not to be construed as authorising 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 for sale of any fish protected from commercial fishing,
(c)
the taking for sale of fish from any area protected from commercial fishing,
(d)
the taking of fish protected from recreational fishing,
(e)
the taking of fish from any area protected from recreational fishing,
(f)
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,
(g)
the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Parks Act 1997.

Part 3Fishing gearNote—

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

Division 1Lawful use of fishing gear generally20Fishing 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 protected from recreational fishing,

(f)
the taking of fish from any area protected from recreational 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,
(i)
the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.

21Lawful 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 other fishing gear for taking any fish in that restricted fishery or share management fishery if the use of that net or gear for taking those fish would, if the person were not a commercial fisher, be unlawful.

22Use of certain fishing gear prohibited in vicinity of Fish Rock(1)

A person must not take, by means of a spear, speargun or similar device, any fish from Fish Rock waters other than fish of the following families or species:

(a)
families:
- (i)
  Carangidae (trevally, kingfish, rainbow runner),
- (ii)
  Scombridae (mackerel, wahoo),
- (iii)
  Istiophoridae (marlin, sailfish),
(b)
species:
- (i)
  Rachycentron canadum (cobia),
- (ii)
  Pomatomus saltatrix (tailor),
- (iii)
  Coryphaena hippurus, (mahi mahi, dolphinfish),
- (iv)
  Arripis trutta (eastern Australian salmon).

Maximum penalty: 100 penalty units.

(2)

(Repealed)

(3)

In this clause, Fish Rock waters means all waters within 200 metres of the mean high water mark of Fish Rock at 30°56.325′S, 153°06.052′E.

Division 2Lawful commercial nets23Nets 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 share 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
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 and by recreational fishers. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.

24Otter 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 rocklobster) in the waters specified in the Table to this clause if the net complies with the description as set out 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 Secretary and that device is fitted in accordance with any specifications issued by the Secretary 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 lateral openings of the meshes or the mesh size of the meshes to less than required by this clause.

(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 Secretary 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.

(5)

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

TableOtter trawl net (fish)

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.

Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not exceeding 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.

25Danish 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 rocklobster) 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)

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.

Description of net—Mesh not less than 83 mm throughout.

Division 3Lawful recreational nets26Application 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).

27Spanner 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 as set out 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)
a person does not use more than 1 spanner crab net at any one time,
(c)
the net is not used unless its position is indicated by a buoy that:
- (i)
  is moored so as to be positioned above the net, and
- (ii)
  measures not less than 100 mm in all dimensions, and
- (iii)
  has a height above the water of not less than 50 mm, and
- (iv)
  has a weight of not less than 50 g suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
- (v)
  displays the letters “SN” and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy.

(2)

This clause does not apply to or in respect of the holder of an endorsement in the ocean trap and line fishery when taking fish for sale in that fishery.

Note—

See the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006 in relation to the use of spanner crab nets in the ocean trap and line 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 spanner crab net.

TableSpanner crab net

Waters—Ocean waters north of Korogoro Point (Hat Head).

Description of net:

(a)
netting attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width, and
(b)
netting not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position, and
(c)
no more than 2 layers of netting.

28Hoop or lift net(1)

It is lawful for a person to use a hoop or lift net for taking fish (other than rocklobster in tidal waters or restricted species of fish) in the waters specified in the Table to this clause if the net complies with the description as set out 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)
no more than the following number of nets are used:
- (i)
  in estuarine waters, no more than 4 nets are used by a person at any one time when the person is fishing in estuarine waters only, and
- (ii)
  in inland waters, no more than 5 nets are used by a person at any one time when the person is fishing in inland waters only, and
- (iii)
  where a person is using hoop or lift nets in both estuarine waters and inland waters, not more than a combined total of 4 nets are used at any one time,
(c)
the net is not used unless its position is indicated by a buoy that:
- (i)
  is moored so as to be positioned above the net, and
- (ii)
  measures not less than 100 mm in all dimensions, and
- (iii)
  has a height above the water of not less than 50 mm, and
- (iv)
  does not have any rope floating on the surface of the water, and
- (v)
  in the case of a net used by a person other than a commercial fisher—displays the letters “HN”, and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and
- (vi)
  in the case of a net used by a commercial fisher in inland waters—displays the following in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy:
  - (A)
    the letters “HN”,
  - (B)
    the name of the commercial fisher using the net,
  - (C)
    the registration number of the commercial fishing licence of the commercial fisher using the net,
(d)
in the case of the use of a hoop or lift net in inland waters by a person other than a commercial fisher—the net is not left set for more than 24 hours.

(2)

(Repealed)

(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 hoop or lift net.

(4)

For the purposes of this clause, restricted species of fish does not include the following:

(a)
Portunus armatus (Blue Swimmer Crab or Sand Crab),
(b)
Scylla serrata (Mud Crab, Black Crab or Mangrove Crab),
(c)
Euastacus spp. (Spiny Crayfish, Eastern Freshwater Crayfish or Murray Crayfish).

TableHoop or lift net

Waters—Any waters (other than ocean waters).

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.

29Hand-hauled prawn net(1)

It is lawful for a person 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 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 may be attached to up to 2 hauling lines that are not more than 2 metres in length each.

(2)

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

(3)

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.

(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 a hand-hauled prawn net.

TableHand-hauled prawn net

Waters—Any waters (other than inland waters).

Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm.

30Push or scissors net (prawns)(1)

It is lawful for a person 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 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 restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.

(3)

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.

(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 a push or scissors net (prawns).

TablePush or scissors net (prawns)

Waters—Any waters (other than inland waters).

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.

31Dip or scoop net (prawns)(1)

It is lawful for a person to use a dip or scoop net for taking prawns or any other fish in the waters specified in the Table to this clause if the net complies with the description as set out 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)

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)

Waters—Any waters (other than inland waters).

Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metres in its greatest diameter, 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.

32Hand-hauled yabby net(1)

It is lawful for a person to use a hand-hauled net for taking yabbies in the waters specified in the Table to this clause if the net complies with the description as set out 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

Waters—Inland waters, being ground tanks, bore drains or lagoons.

Description of net—Not exceeding 6 metres; mesh throughout not more than 40 mm; used with or without hauling lines or poles.

33Landing net(1)

It is lawful for a person 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 as set out 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.

(2)

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.

(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 landing net.

TableLanding net

Waters—Any waters.

Description of net—Consisting of a hoop or ring that is attached to netting or other soft material.

Division 4Other lawful nets34Beach safety meshing nets(1)

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

(2)

The beach safety 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 beach safety 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)Buoys
Gill net buoys used must be of not less than 10 cm diameter and not less than 5 cm thickness, or a buoy of equivalent buoyancy approved by the Secretary 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 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 Trade Measurement Act 1989.
(f)Mesh depth
The number of meshes must be not less than 12 meshes deep so that the height is approximately 6 metres when set.

(4)

Nets must be tagged at the surface with buoys that measure not less than 20 cm in all dimensions and that are clearly marked “SHARK NET”.

Division 5Lawful traps35Traps 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 share 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
Commercial crab trap	Estuary general
Commercial lobster trap	Lobster
Eel trap	Estuary general
Fish trap	Estuary general
Ocean trap and line

36Recreational lobster trap(1)

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

(2)

The following conditions must be complied with:

(a)
the trap is not used unless its position is indicated by a buoy that:
- (i)
  is moored so as to be positioned above the trap, and
- (ii)
  measures not less than 100 mm in all dimensions, and
- (iii)
  has a height above the water of not less than 50 mm, and
- (iv)
  has a weight of not less than 50 g suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
- (v)
  displays the letters “LT” and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(b)
a person does not use more than 1 trap at any one time.

(3)

This clause does not apply to or in respect of a commercial fisher who is taking rocklobster for sale.

Note—

See the Fisheries Management (Lobster Share Management Plan) Regulation 2000 in relation to the use of lobster traps in the lobster fishery.

(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.

TableRecreational lobster trap

Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)).

Description of trap—Consisting 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.

37Recreational crab trap(1)

It is lawful for a person 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 that Table and the following conditions are complied with:

(a)
the trap is not used unless its position is indicated by a buoy that:
- (i)
  is moored so as to be positioned above the trap, and
- (ii)
  measures not less than 100 mm in all dimensions, and
- (iii)
  has a height above the water of not less than 50 mm, and
- (iv)
  has a weight of not less than 50 g suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
- (v)
  displays the letters “CT” and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(b)
the trap is not 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)
a person does not use more than 2 traps at any one time,
(d)
the trap is not made of entanglement material.

(2)

This clause does not apply to or in respect of an endorsement holder 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 crab traps in the estuary general fishery.

(3)

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 crab trap.

TableRecreational crab trap

Waters—Any waters (other than inland and ocean waters).

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).

38Bait trap(1)

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

(a)
the trap is not used unless it is identified by a tag that:
- (i)
  is securely attached to a part of the trap that is at or above water level, and
- (ii)
  has dimensions of at least 80 mm by 45 mm, and
- (iii)
  displays the letters “BT” and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the trap in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag, and
(b)
a person (other than a commercial fisher) does not use more than 1 trap at any one time.

(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 bait trap.

TableBait trap

Waters—Any waters (other than inland waters).

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

39Yabby trap(1)

It is lawful for a person to use a trap for taking yabbies in the waters specified in the Table to this clause if:

(a)
the trap complies with the description as set out in that Table, and
(b)
the person complies with the following conditions:
- (i)
  the trap must not be used unless its position is indicated by a buoy or a tag,
- (ii)
  if the trap’s position is indicated by a buoy:
  - (A)
    the buoy must be moored so as to be positioned above the trap, and
  - (B)
    the buoy must measure not less than 100 mm in all dimensions, and
  - (C)
    the buoy must have a height above the water of not less than 50 mm, and
  - (D)
    if the trap is not being used to take fish for sale, the buoy must display the letters “YT” and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the trap in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and
  - (E)
    if the trap is being used to take fish for sale, the buoy must display the following in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy:
    - (I)
      the letters “YT”,
    - (II)
      the name of the commercial fisher using the trap,
    - (III)
      the registration number of the commercial fishing licence of the commercial fisher using the trap, and
  - (F)
    any rope attached to the buoy must not be floating on the surface of the water,
- (iii)
  if the trap’s position is indicated by a tag:
  - (A)
    the tag must be securely attached to a part of the trap that is at or above water level, and
  - (B)
    the tag must be at least 80 mm by 45 mm in size, and
  - (C)
    if the trap is not being used to take fish for sale, the tag must display the letters “YT” followed by the initial of the first name, the surname, the year of birth and the residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag, and
  - (D)
    if the trap is being used to take fish for sale, the tag must display the following in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag:
    - (I)
      the letters “YT”,
    - (II)
      the name of the commercial fisher using the trap,
    - (III)
      the registration number of the commercial fishing licence of the commercial fisher using the trap,
- (iv)
  the maximum number of traps that can be used at any time is:
  - (A)
    if the trap is not being used to take fish for sale—5 traps (none of which may be left set for more than 24 hours), or
  - (B)
    if the trap is being used in inland waters to take fish for sale—100.

(2)

It is lawful for a person to use a yabby trap to take freshwater shrimp that are taken by the yabby trap when it is being lawfully used to take yabbies.

(3)

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

Waters—Inland waters, other than:

(i)
public water land 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.

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 along the longest diagonal; 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.

40Shrimp trap(1)

It is lawful for a person 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 that Table and the following conditions are complied with:

(a)
the trap is not used unless it is identified by a tag that:
- (i)
  is securely attached to a part of the trap that is at or above water level, and
- (ii)
  has dimensions of at least 80 mm by 45 mm, and
- (iii)
  displays the letters “ST” and the initial of the first name, the surname, the year of birth and the residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,
(b)
a person does not use more than 1 trap at any one time,
(c)
a person does not leave the trap set for more than 24 hours.

(1A)

It is lawful for a person to use a shrimp trap to take yabbies that are taken by the shrimp trap when it is being lawfully used to take freshwater shrimp.

(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.

(3)

In this clause, freshwater shrimp means species of fish in the group Caridea.

TableShrimp trap

Waters—Inland waters.

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 along the longest diagonal; has entrance funnels that are not more than 35 mm in width at the narrowest point measured on any axis.

Division 6General provisions relating to lawful use of nets and traps41Joining 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)

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.

42Illegally reducing mesh size or lateral mesh openings of nets(1)

For the purposes of this Part, it is unlawful for a person to use a net in which any meshes (or any bars) are wholly or partly covered or twisted in any manner:

(a)
so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)
so as to reduce the size of the lateral mesh openings in the net.

(2)

For the purposes of this Part, it is unlawful for a person to use a net in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the net in any manner:

(a)
so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)
so as to reduce the size of the lateral mesh openings in the net.

42AIllegally reducing mesh size or lateral mesh openings of traps(1)

For the purposes of this Part, it is unlawful for a person to use a trap in which any meshes are wholly or partly covered in any manner:

(a)
so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)
so as to reduce the size of the lateral mesh openings in the trap.

(2)

For the purposes of this Part, it is unlawful for a person to use a trap in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the trap in any manner:

(a)
so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)
so as to reduce the size of the lateral mesh openings in the trap.

43Monofilament 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.

44Method of dragging or drawing nets

For the purposes of this Part, it is unlawful for a 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.

45Identification of set nets and traps(1)

A person must not, in or on any waters, place or set any net or trap, or use any set net or trap, unless the net or trap is identified in accordance with any requirements relating to identification of nets or traps in this Regulation.

Maximum penalty: 50 penalty units.

(2)

In this clause, set net means any net set in any waters for the purpose of taking fish that is left unattended.

Division 7Use of hand held lines and drift lines46Hand 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 single 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 single 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 single hooks attached, if:

(a)
a lure is fixed to each single 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.

(2A)

A person who is taking fish from any waters (other than inland waters) using a hand held line must not leave that line unattended unless that person identifies that line by attaching to a part of that line, which is at or above water level, a tag:

(a)
with dimensions of at least 80 mm by 25 mm, and
(b)
which clearly displays, in capital letters:
- (i)
  the person’s name, and
- (ii)
  the person’s residential address or the person’s boat registration number.

Maximum penalty: 50 penalty units.

(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:
- (i)
  2 single hooks attached, or
- (ii)
  2 lures attached and 3 hooks attached to each lure.

Maximum penalty: 100 penalty units.

(4)

A person who is taking fish from any inland waters using a hand held line must not leave that line unattended unless that person remains within 50 metres of the hand held line while it is unattended and the hand held line is within that person’s line of sight.

Maximum penalty: 50 penalty units.

(5)

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

(6)

In this clause:

gang of hooks means a group of single 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.

hook includes a single hook, double hook or treble hook.

trout means brook trout (Salvelinus fontinalis), brown trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss).

47Drift lines(1)

A commercial fisher must not, for the purpose of taking fish in any inland waters, use a drift line.

Maximum penalty: 100 penalty units.

(2)

A person (other than a commercial fisher) must not, for the purpose of taking fish in any waters, use a drift line.

Maximum penalty: 100 penalty units.

(3)

In this clause, drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is:

(a)
held in the hand or attached to fishing gear held in the hand, or
(b)
secured in any other manner that prevents it from drifting or floating freely.

Division 8Restrictions on use of fishing gear48Taking of rocklobster(1)

A person must not take rocklobster by any method other than by hand picking (whether or not while wearing a glove).

Maximum penalty: 25 penalty units.

(2)

This clause does not apply to a person who uses a trap for taking rocklobster if the use of the trap by that person for that purpose is, but for this clause, lawful.

49Taking of saltwater nippers, worms, pipis etc(1)

A person must not take any saltwater nippers, squirt worms, blood worms, beachworms, pipis or any other intertidal invertebrate from a rock platform by any method other than by use of a single blade knife with a blade longer than it is wide, or from any other place by any method other than by use of:

(a)
a pump or similar device having a barrel or cylinder with a diameter of not more than 85 mm, or
(b)
a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 mm and a diameter of not more than 85 mm, or
(c)
a single blade knife with a blade longer than it is wide, or

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 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 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 by that breakwater and the northern training wall generally westerly and northerly to the P.W.D. Coal Wharf; then 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; then by that high water mark southeasterly to the confluence of Kooloonbung Creek with the river northeasterly, and the high water mark of the Hastings River generally northeasterly to the southern training wall; then by that training wall, and the southern breakwater generally easterly to the eastern extremity of that breakwater and then by a line northerly to the point of commencement; and the whole of the waters of Kooloonbung Creek, Lake Innes, Cathie Lake and Cathie Creek and their tributaries.

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 tributaries, 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 tributaries, upwards from their confluence with the South Pacific Ocean to their source.

Lake Illawarra

The waters of Lake Illawarra from a line drawn between the most easterly points of the southern and northern breakwaters at the entrance of the Lake Illawarra upstream to a white post on the foreshore at the western prolongation of Boronia Avenue, Windang at a point 34°31.76′S, 150°51.78′E, then generally northwesterly to a white post at a point 34°31.74′S, 150°51.73′E, then continuing northwesterly to a white post at a point 34°31.66′S, 150°51.51′E, then southwesterly to a white post at a point 34°31.72′S, 150°51.42′E, then to the northwestern shore of Bevans Island at a point 34°31.92′S, 150°51.37′E, then by that shore of that island bearing generally south southwesterly to a white post marked FD at a point 34°32.13′S, 150°51.19′E at the westernmost extremity of the island, then in a south southwesterly direction to a white post marked FD at a point 34°32.39′S, 150°51.07′E on the southern shore of Lake Illawarra at the eastern point of the entrance to Foster’s Creek, then by the southern foreshore of Lake Illawarra generally northeasterly and southeasterly 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 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 then 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 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 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 and its tributaries (except Warrell or Gurravembi Creek) within the following boundaries: commencing at the eastern extremity of the northern breakwater at the entrance of the Nambucca River, and bounded by a line bearing southwest to the northernmost extremity of the right bank of that river at its entrance, then by that bank generally southwesterly to a point due east of Warrell Point, and by a line to that point, and 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, then by that bank northeasterly and easterly to the northern breakwater, 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 and its tributaries.

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 ocean beach.

Port Hacking

County of Cumberland: The whole of the waters of Port Hacking and its tributaries 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 and their 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 easternmost extremity of Chowder Head, to the foreshore of the southeasternmost 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 and Saltwater and Corindi Creeks and their tributaries, downstream from a line drawn from a white post marked FD erected on Jewfish Point, and bearing 344° 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 and its 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 and their 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° to a point marked broad arrow over FD on the southern shore of the Basin, situated about 1.6 km easterly from the junction of the southern shore of the 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; then 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 the 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 the mean highwater mark.

Tweed River

County of Rouse, Parish of Terranora: The whole of the tidal waters of that part of the Tweed River within the following boundaries: commencing at the easternmost extremity of the northern breakwater at the entrance to Tweed River and bounded 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 then 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 northeasterly 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 then to the high water mark of the southern breakwater northwesterly and northeasterly to the easternmost extremity of that breakwater and then 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 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; then by a line drawn southwesterly to the northern foreshore at a point 32°10.97′S, 152°29.88′E; then by a line drawn generally southerly to the northern foreshore at a point 32°11.27′S, 152°29.89′E; then by a line drawn generally southeasterly to the southwestern foreshore of Godwin Island at a point 32°11.56′S, 152°29.99′E; then by the northern foreshore of that island northeasterly to the northernmost point; then by a line drawn generally northeasterly to the western prolongation of the southern boundary of section 27, Village of Forster; then 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 at a point 37°14.57′S, 149°55.91′E to the westernmost foreshore at a point 37°14.69′S, 149°55.88′E.

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 then in a northerly direction for approximately 300 metres to a spike in the rock, then generally in a westerly direction to Big Knobby Rock, then in a southwesterly direction to a 10 × 10 centimetre peg on the foreshore, then along the mean high water mark to the point of commencement.

Schedule 7Penalty notice offences

(1)
For the purposes of section 276 of the Act:
- (a)
  each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
- (b)
  the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.
(2)
If the reference to a provision in this Schedule is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is an offence for which a penalty notice may be issued only if it is an offence of a kind so specified or is committed in the circumstances so specified.
(3)
For the purposes of section 276 (6) of the Act, a fisheries officer is prescribed as an authorised officer in relation to each offence referred to in this Schedule.

Column 1	Column 2
Offence	Amount of penalty
Part 1 Offences under the Act
Section 14 (1) – where fish are being taken for sale	$1,500
Section 14 (1) – in any other case	$500
Section 14 (2) – where fish are being taken for sale	$1,500
Section 14 (2) – in any other case	$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) – where fish are being taken for sale	$1,500
Section 19 (2) – in any other case	$500
Section 19 (3) – where fish are being taken for sale	$1,500
Section 19 (3) – in any other case	$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) – where fish are being taken for sale	$1,000
Section 24 (1) – in any other case	$500
Section 25 (1) – where fish are being taken for sale	$1,000
Section 25 (1) – in any other case	$500
Section 34J (1)	$200
Section 34J (2)	$75
Section 35 (1) – where fish are being taken for sale	$1,000
Section 35 (1) – in any other case	$500
Section 39 (2)	$200
Section 40S (1)	$1,000
Section 40S (2)	$1,000
Section 65 (1)	$1,000
Section 68 (6C)	$1,000
Section 70 (4B)	$500
Section 87 (4)	$200
Section 87 (5)	$200
Section 88 (2)	$200
Section 102 (1)—where fish are being taken by a person who is authorised under the Act, or a law of the Commonwealth or of another State, to take fish for sale but who is not authorised to take fish for sale in the fishery concerned	$2,750
Section 102 (1) – in any other case	$500
Section 104 (7)	$1,000
Section 107A (1)	$500
Section 107B (4)	$200
Section 108 (7) in relation to a contravention of a condition referred to in clause 138 (1) (a) or (d) of the Fisheries Management (General) Regulation 2010	$200
Section 108 (7) in any other case	$500
Section 109 (2)	$500
Section 112 (4)	$1,000
Section 117 (1)	$500
Section 118 (7)	$500
Section 119 (3)	$300
Section 121 (4)	$300
Section 121 (5) (a)	$200
Section 121 (5) (b)	$200
Section 122 (4)	$300
Section 122 (5)	$200
Section 122 (6) (a)	$300
Section 122 (6) (b)	$300
Section 122A (3)	$300
Section 122A (4) (a)	$200
Section 122A (4) (b)	$200
Section 123 (1)	$500
Section 123 (2)	$500
Section 123 (3)	$500
Section 123A (1)	$500
Section 124A (5)	$200
Section 127B (2)	$200
Section 127B (3)	$500
Section 127C (7)	$200
Section 127E (4)	$300
Section 127E (5)	$200
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 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 220AA (3)	$5,000
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 220ZGB (1)	$500
Section 221D (3)	$500
Section 221IJ	$2,500
Section 221O (5)	$5,000
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 279A (1)	$500
Schedule 6D, clause 12	$1,000
Part 2 Offences under Fisheries Management (General) Regulation 2010
Clause 22 (1)	$500
Clause 22 (2)	$500
Clause 45 (1)	$100
Clause 46 (1)	$500
Clause 46 (3)	$500
Clause 46 (4)	$100
Clause 47 (1)	$200
Clause 47 (2)	$200
Clause 48 (1)	$300
Clause 49 (1)	$100
Clause 50	$300
Clause 51 (1)	$200
Clause 51 (2)	$200
Clause 51 (3)	$300
Clause 52 (1)	$500
Clause 53 (1)	$200
Clause 53 (2)	$200
Clause 54 (1)	$300
Clause 55 (1)	$300
Clause 55 (2)	$500
Clause 56 (1)	$200
Clause 59 (1)	$500
Clause 59 (2)	$300
Clause 59 (3)	$300
Clause 60	$200
Clause 61	$300
Clause 65	$200
Clause 66 (1)	$200
Clause 68	$200
Clause 69 (2)	$200
Clause 70 (1)	$500
Clause 70 (2)	$500
Clause 72 (1)	$500
Clause 74 (1)	$500
Clause 75 (1)	$500
Clause 76	$200
Clause 77 (1)	$100
Clause 90 (1)	$100
Clause 90 (2)	$100
Clause 90 (3)	$100
Clause 90 (4)

$200
Clause 91 (1)	$200
Clause 92 (1)	$300
Clause 92 (2)	$300
Clause 92 (3)	$300
Clause 93 (1)	$200
Clause 93 (2)	$200
Clause 94 (1)	$200
Clause 95 (1)	$300
Clause 95 (3)	$100
Clause 95 (5)	$300
Clause 96 (1)	$300
Clause 96 (2)	$300
Clause 97 (1)	$500
Clause 99	$500
Clause 99A	$500
Clause 133 (1)	$500
Clause 164	$200
Clause 203 (2)	$300
Clause 204 (2)	$200
Clause 205 (3)	$200
Clause 259	$500
Part 3 Offences under Fisheries Management (Abalone Share Management Plan) Regulation 2000
Clause 38 of the Appendix to the Regulation (except in respect of a contravention of clause 34 (1) of that Appendix)	$200
Part 4 Offences under Fisheries Management (Aquaculture) Regulation 2017
Clause 55 (1)	$200
Clause 55 (4)	$200
Clause 55 (5)	$200
Clause 56 (4)	$200
Clause 57 (6)	$200
Part 5 Offences under Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006
Clause 10 (1) of the Appendix to the Regulation	$500
Part 6 Offences under Fisheries Management (Lobster Share Management Plan) Regulation 2000
Clause 55 of the Appendix to the Regulation (except in respect of a contravention of clause 27 (7) or 51 (1) of that Appendix)	$200
Part 7 Offences under Fisheries Management (Estuary General Share Management Plan) Regulation 2006
Clause 35I (7) of the Appendix to the Regulation	$1,000

Schedule 8Fees

Column 1	Column 2	Column 3
Item	Matter for which fee is payable	Amount
1	Permit or renewal of permit to use explosives (clause 71 (5))	$359
2	Permit or renewal of permit to use electrical devices (clause 73 (5))	$359
3	Fishing fee (clause 81):
(a) for period of 3 days	$7
(b) for period of 1 month	$14
(c) for period of 12 months	$35
(d) for period of 3 years	$85
4	Issue of replacement receipt (clause 84 (2))	$8
5	Fishing fee exemption certificates:
(a) one year exemption certificate under clause 87 (1) (a)	$140
(b) one year exemption certificate under clause 87 (1) (b)	$2,800
(c) one year exemption certificate under clause 87 (1) (c) (i)	$140
(d) one year exemption certificate under clause 87 (1) (c) (ii):
• (i) base fee, and	$140
• (ii) for the fifth and each additional passenger to be exempted	$35
(e) one year exemption certificate under clause 87 (1) (c) (iii)	$350
6	Application for amendment of exemption certificate (clause 88 (3) (a))	$14
7	Application for marine park permit or renewal of permit (clause 98 (a))	$82
8	Application for permit or renewal of permit for research purposes (clause 98 (b))	$400
9	Application for permit or renewal of permit for aquarium collection purposes (clause 98 (c))	$189
10	Application for permit or renewal of permit for purpose approved by Minister (clause 98 (d))	$400
11	Application for approval by Secretary of transfer of endorsement or share (clause 114 (5))	$320
12	Special endorsement to take fish in share management fishery (clause 119)	$160
13	Application for registration of transaction under clause 123 (1) (a)	$320
14	Application for registration of transaction under clause 123 (1) (b)	$561
15	Inspection of entry in Share Register conducted with assistance of officer of Department (clause 124 (a) (i))	$19
16	Inspection of registered document retained by Secretary (clause 124 (b))	$82
17	Application for issue of Class 1 commercial fishing licence (clause 127 (2))	$642
18	Application for renewal of Class 1 commercial fishing licence (clause 130 (3))	$320
19	Application for issue of fishing boat licence under clause 135 (1):
(a) base fee, and	$224
(b) for each metre (or part of a metre rounded to nearest centimetre) by which maximum boat length specified on licence exceeds 3 metres	$34
20	Application for renewal of fishing boat licence under clause 139 (2):
(a) base fee, and	$63
(b) for each metre (or part of a metre rounded to nearest centimetre) by which maximum boat length specified on licence exceeds 3 metres	$34
21	Application for approval of transfer of fishing boat licence (clause 143 (3))	$401
22	Manual transfer of quota (clause 164A (3))	$240
23	Approval of transfer of endorsement (clause 190 (1))	$320
24	Application for registration as Class A Registered Fish Receiver (clause 209 (2))	$1,201
25	Application for registration as Class B Registered Fish Receiver (clause 209 (2)):
(a) for one or two premises at which fish receiver receives fish, and	$3,917
(b) for each additional premises	$1,958
26	Issue or renewal of charter fishing boat licence (clause 226 (1))	$601
27	Authorised activity specified on charter fishing boat licence (clause 226 (1))	$120
28	Application for approval of transfer of right to transferable licence (clause 229 (2))	$401
29	Application for approval of boat replacement (clause 231 (1) (b))	$401
30	Additional licence fee for application for renewal of charter fishing boat licence (clause 233 (5))	$160
31	Application for permit under Part 7 of the Act (clause 258 (2) (a))	$179
32	Minor assessment (clause 258 (4) (a))	$179
33	Moderate assessment (clause 258 (4) (b))	$418
34	Major assessment (clause 258 (4) (c))	$1,497
35	Complex assessment (clause 258 (4) (d))	$3,891
36	Additional assessment (clause 258 (8))—for each hour (or part of an hour) of work performed	$74

Schedule 9Maximum contributions by participants in restricted fisheries

(Clause 132)

Column 1	Column 2	Column 3
Item	Matter for which contribution is payable	Maximum amount
1	Contribution by participant and owner of fishing business in southern fish trawl restricted fishery (clause 132 (a))	$1,184
2	Contribution by participant and owner of fishing business in sea urchin and turban shell restricted fishery (clause 132 (b))	$1,184
3	Contribution by participant and owner of fishing business in inland restricted fishery, a component of which is a class A endorsement (clause 132 (c))	$1,184
4	Contribution by participant and owner of fishing business in inland restricted fishery, a component of which is a class B endorsement (clause 132 (c))	$401
5	Contribution by participant and owner of fishing business in inland restricted fishery, a component of which is a class D endorsement (clause 132 (c))	$401