Fisheries Management (General) Regulation 2019 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Fisheries Management (General) Regulation 2019.

2Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Fisheries Management (General) Regulation 2010, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

backed up waters, in relation to a dam or impoundment, means water that has flowed into the dam or impoundment from another waterway and has ceased flowing.

certificate of survey for a boat means—

• (a)

  for Part 9, Division 2—see clause 144, or

• (b)

  otherwise—a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998.

charter fishing boat has the same meaning as in Part 4A of the Act.

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

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.

Note.

An endorsement includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, under 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).

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 same meaning as in Division 3 of Part 11.

fishing business transfer rules means the provisions of Part 10.

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.

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.

ocean waters means waters east of the natural coast line of New South Wales.

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

recognised fishing ground means an area identified as a recognised fishing ground in accordance with clause 94.

restricted species of fish means any species of fish referred to in Table 1 or Table 2 in clause 6.

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

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.

Supporting Plan means the Fisheries Management Supporting Plan set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.

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.

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

Note.

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

(2)

In this Regulation, the natural coast line is defined by a line drawn along the high water mark of the sea, except as follows—

• (a)

  where an estuary meets the coast—the natural coast line is defined as follows—

  • (i)

    if an estuary has two breakwalls at the confluence with the South Pacific Ocean, by a line drawn across the easternmost extremity of both break walls,

  • (ii)

    if an estuary has only 1 breakwall, by a line drawn from the easternmost extremity of the breakwall to the northern or southern extremity of the high water mark on the opposite bank,

  • (iii)

    if an estuary enters the South Pacific Ocean and there are no defined points available, by a line drawn across the entrance between the easternmost extremity of the drying points on each bank,

• (b)

  in relation to the following waters, the natural coast line is defined as follows—

  • (i)

    Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the Northern extremity of Tomaree Point,

  • (ii)

    Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head,

  • (iii)

    Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head,

  • (iv)

    Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point,

  • (v)

    Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point,

  • (vi)

    Jervis Bay—by a line drawn from the southeastern point of Point Perpendicular to the southeastern point of Bowen Island then to the northeastern point of Governor Head,

  • (vii)

    Wagonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head,

  • (viii)

    Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point.

(3)

A reference in this Regulation to any of the following fisheries is a reference to the share management fishery of that name as described in Schedule 1 to the Act—

• (a)

  abalone fishery,

• (b)

  estuary general fishery,

• (c)

  estuary prawn trawl fishery,

• (d)

  lobster fishery,

• (e)

  ocean hauling fishery,

• (f)

  ocean trap and line fishery,

• (g)

  ocean trawl fishery.

(4)

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

(5)

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

(6)

A reference in this Regulation 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.

(7)

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

(8)

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

cl 3: Am 2021 (482), Sch 1[1]; 2022 (688), Sch 3[1].

4Definitions of fish species(1)

In this Regulation (unless otherwise defined)—

abalone means fish of the species Haliotis rubra.

carp means all species of carp, including goldfish and any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).

freshwater shrimp means fish of the group Caridea.

pipi means fish of the species Donax deltoides.

prawn means fish of the family Penaeidae and Macrobrachium spp.

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

saltwater nipper means fish of the genus Callianassa and Alpheus spp.

sea urchin means fish of the class Echinoidea.

shellfish means fish of the classes Gastropoda and Bivalvia.

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

turban shell means fish of the family Turbinidae.

turban snail means fish of the species Lunella torquata and Turbo militaris.

yabby means fish of the species Cherax.

(2)

(Repealed)

cl 4: Am 2022 No 59, Sch 1.16; 2023 (13), Sch 5[1].

5The 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 2Prohibited size fish, bag limits, protected fish and protected watersNote.

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 1Prohibited size fish6Prohibited 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 Table 1—the measurement or weight of the fish is less than the minimum measurement or weight specified for that species of fish, or

• (b)

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

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

• (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 1 Prohibited size fish (minimum measurements)

Common name	Species	Minimum measurement
Marine and estuarine fish
Rock Blackfish	Girella elevata	30 cm
Black Bream, Southern Bream	Acanthopagrus butcheri	25 cm
Yellowfin Bream	Acanthopagrus australis	25 cm
Dusky Flathead, Common Flathead	Platycephalus fuscus	36 cm
Bluespotted Flathead, Sand Flathead	Platycephalus caeruleopunctatus	33 cm
Tiger Flathead	Platycephalus richardsoni	33 cm
Flounder	Bothidae spp. and Pleuronectidae spp.	25 cm
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper	Achoerodus viridis	30 cm
Luderick	Girella tricuspidata	27 cm
Spanish Mackerel	Scomberomorus commerson	75 cm
Spotted Mackerel	Scomberomorus munroi	60 cm
Mahi Mahi, Dolphinfish	Coryphaena hippurus	60 cm
Jackass Morwong	Nemadactylus macropterus	30 cm
Red Morwong, Sea Carp	Cheilodactylus fuscus	30 cm
Grey Morwong, Rubberlip Morwong	Nemadactylus douglasii	30 cm
Sea Mullet, Bully Mullet	Mugil cephalus	30 cm
Mulloway	Argyrosomus japonicus	45 cm
Pearl Perch	Glaucosoma scapulare	30 cm
School Shark	Galeorhinus galeus	91 cm
Snapper	Chrysophrys auratus	30 cm
Tailor	Pomatomus saltatrix	30 cm
Tarwhine	Rhabdosargus sarba	20 cm
Teraglin	Atractoscion atelodus	38 cm
Silver Trevally	Pseudocaranx georgianus	30 cm
Sand Whiting, Silver Whiting	Sillago ciliata	27 cm
Yellowtail Kingfish	Seriola lalandi	65 cm
Marine and estuarine invertebrates
Blacklip Abalone, Abalone	Haliotis rubra	11.7 cm
Balmain Bug	Ibacus peronii, ibacus chacei	10 cm
Blue Swimmer Crab, Sand Crab	Portunus armatus	6.5 cm in the case of a holder of an endorsement in a share management fishery or the southern fish trawl restricted fishery 6 cm in any other case
Mud Crab, Black Crab, Mangrove Crab	Scylla serrata	8.5 cm
Spanner Crab	Ranina ranina	9.3 cm
Eastern Rock Lobster	Sagmariasus verreauxi	10.4 cm
Southern Rock Lobster (male)	Jasus edwardsii	11 cm
Southern Rock Lobster (female)	Jasus edwardsii	10.5 cm
Rough Turban Shell, Sydney Turban Snail	Lunella torquata	7.5 cm
Military Turban Shell, Military Turban Snail	Turbo militaris	7.5 cm
Freshwater and estuarine fish
Freshwater Catfish, Eel-tailed Catfish	Tandanus tandanus	30 cm
Murray Cod	Maccullochella peelii	55 cm
Longfin Eel	Anguilla reinhardtii	58 cm
Southern Shortfin Eel	Anguilla australis	30 cm
Golden Perch, Yellow Belly Perch	Macquaria ambigua	30 cm
Silver Perch	Bidyanus bidyanus	25 cm
Atlantic Salmon	Salmo salar	25 cm
Brook Trout	Salvelinus fontinalis	25 cm
Brown Trout	Salmo trutta	25 cm
Rainbow Trout	Oncorhynchus mykiss	25 cm
Freshwater and estuarine invertebrates
Spiny Crayfish, Eastern Freshwater Crayfish (other than Murray Crayfish)	Euastacus spp. (other than Euastacus armatus)	9 cm
Murray Crayfish	Euastacus armatus	10 cm
Minimum weight
Longfin Eel	Anguilla reinhardtii	500 grams

Table 2 Prohibited size fish (maximum measurements)

Common name	Species	Maximum measurement
Eastern Rock Lobster	Sagmariasus verreauxi	18 cm
Murray Cod	Maccullochella peelii	75 cm
Murray Crayfish	Euastacus armatus	12 cm

cl 6: Am 2023 (13), Sch 5[2]–[4].

7Defence—taking of mullet for bait

For the purposes of section 21 (1) (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 the person charged satisfies the court that—

• (a)

  the prohibited size fish concerned are mullet (Mugil cephalus), 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.

Division 2Bag limits8Bag limits—taking of fish

For the purposes of section 17 (1) of the Act, Part 1 of Schedule 1 specifies the daily limit that applies to a particular species of fish and Part 2 of Schedule 1 specifies the daily limit that applies to a particular species of fish when taken from particular waters.

9Bag limits—possession of fish(1)

For the purposes of section 17B (1) (a) of the Act, Part 1 of Schedule 1 specifies the possession limit that applies to a particular species of fish 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.

(2)

For the purposes of section 17B (1) (a) of the Act, Part 2 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to particular waters or is transporting or storing the fish otherwise than while in or on or adjacent to waters.

(3)

If different possession limits are specified for a species of fish in relation to different waters, the possession limit that applies when a person in possession of that species of fish is transporting or storing the fish otherwise than while in or on or adjacent to waters is the lower or lowest of the possession limits specified for that species of fish.

(4)

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 satisfies the court that—

• (a)

  the fish were taken from the waters specified in Part 2 of Schedule 1 for the particular species, 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 particular waters from which they were taken.

10General bag limit(1)

For any species of marine or estuarine fish (including marine or estuarine invertebrates and tunicates) not specified in Schedule 1—

• (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 Schedule 1—

• (a)

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

• (b)

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

11Application of bag limits to commercial fishers(1)

A daily limit specified in Schedule 1 or this Division does not apply in respect of fish taken by a commercial fisher for sale.

(2)

A possession limit specified in Schedule 1 or 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 Schedule 1 or 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 12.

12Application of bag limits to declared charter fishing activities(1)

A daily limit or possession limit specified in Schedule 1 or this Division does not apply in relation to charter fishing exempt fish in the possession of—

• (a)

  a person operating or guiding a boat, or a person being guided or instructed on a boat, under a charter fishing licence in relation to a declared charter fishing activity, or

• (b)

  a person carrying out a declared charter fishing activity.

(2)

However, subclause (1) applies only if—

• (a)

  the fish were taken for use as bait in a declared charter fishing activity, and

• (b)

  the fish are not taken or in possession for sale.

(3)

In this clause—

charter fishing exempt fish means the following species of fish—

• (a)

  Engraulis australis (Australian anchovy),

• (b)

  family Hemiramphidae (garfish) other than Hyporhamphus australis (eastern sea garfish),

• (c)

  family Atherinidae (hardyhead, silverfish),

• (d)

  Herklotsichthys castelnaui (southern herring),

• (e)

  Scomber australasicus (blue mackerel, slimy mackerel),

• (f)

  Etrumeus teres (maray, round herring),

• (g)

  Sardinops sagax (Australian sardine, pilchard),

• (h)

  Spratelloides robustus (blue sprat, bluebait),

• (i)

  Hyperlophus vittatus (sandy sprat, whitebait),

• (j)

  Trachurus spp. (yellowtail, jack mackerel).

cl 12: Am 2019 No 14, Sch 2.9[1]. Subst 2023 (13), Sch 5[5].

13Possession 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 Schedule 1 or 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 Schedule 1 or 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 1 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 Schedule 1 or this Division if the person charged satisfies the court that—

• (a)

  the person charged purchased or otherwise acquired the fish from another person, and

• (b)

  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.

Division 3Protected fish14Protected 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 1 Protected fish

Common name	Species
Marine and estuarine 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	Family Solenostomidae
Queensland Groper, Giant Queensland Groper	Epinephelus lanceolatus
Sandtiger Shark, Herbsts Nurse Shark	Odontaspis ferox
Pipefish, Pipehorse, Seadragon, Seahorse	Family Syngnathidae
Seamoth	Family Pegasidae
Freshwater species
Isopod	Crenoicus harrisoni

Table 2 Protected fish—possession prohibited absolutely

Common name	Species
Marine and estuarine species
Ballina Angelfish	Chaetodontoplus ballinae
Blue Drummer, Bluefish	Girella cyanea
Eastern Blue Devil, Bleekers Devil Fish	Paraplesiops bleekeri
Elegant Wrasse	Anampses elegans
Ghostpipefish	Family Solenostomidae
Sandtiger Shark, Herbsts Nurse Shark	Odontaspis ferox
Pipefish, Pipehorse, Seadragon, Seahorse	Family Syngnathidae
Seamoth	Family Pegasidae
Freshwater species
Isopod	Crenoicus harrisoni

cl 14: Am 2021 (482), Sch 1[2].

15Fish 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 1 Fish protected absolutely from all commercial fishing

Common name	Species
Marine and estuarine species
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper	Achoerodus viridis
Black Marlin	Makaira indica
Blue Marlin	Makaira nigricans
Striped Marlin	Kajikia audax
Freshwater species
Atlantic Salmon	Salmo salar
Australian Bass	Macquaria novemaculeata
Freshwater Catfish, Eel-tailed Catfish	Tandanus tandanus
Estuary Perch	Macquaria colonorum
Freshwater Crayfish	Genera Euastacus and Cherax except common yabby Cherax destructor
Golden Perch, Yellow Belly Perch	Macquaria ambigua
Murray Cod	Maccullochella peelii
Brook Trout	Salvelinus fontinalis
Brown Trout	Salmo trutta
Rainbow Trout	Oncorhynchus mykiss

Table 2 Fish protected absolutely from sale

Common name	Species
Marine and estuarine species
Black Marlin	Makaira indica
Blue Marlin	Makaira nigricans
Striped Marlin	Kajikia audax
Freshwater species
Atlantic Salmon	Salmo salar
Australian Bass	Macquaria novemaculeata
Freshwater Catfish, Eel-tailed Catfish	Tandanus tandanus
Estuary Perch	Macquaria colonorum
Freshwater Crayfish	Genera Euastacus and Cherax except common yabby Cherax destructor
Brook Trout	Salvelinus fontinalis
Brown Trout	Salmo trutta
Rainbow Trout	Oncorhynchus mykiss

cl 15: Am 2023 (13), Sch 5[6].

16Defence—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 (2) or (3) of the Act (relating to the taking or 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, commonly known as blue drummer or bluefish.

17Defence—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 the person charged satisfies the court that—

• (a)

  the fish are 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 4Fish and waters protected from commercial and recreational fishing18Fish and waters protected from commercial fishing(1)

For the purposes of section 20 (2) of the Act, Schedule 2 specifies the particular waters in which all commercial fishing, or a particular class of commercial fishing, is prohibited.

(2)

For the purposes of section 20 (2) of the Act, commercial fishing other than the following commercial fishing activities is prohibited in all ocean and estuarine waters—

• (a)

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

• (b)

  the taking of sea urchin or turban shell,

• (c)

  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,

• (d)

  the taking of fish from Lord Howe Island waters.

(3)

For the purposes of section 20 (2) of the Act, any commercial fishing activity other than the taking of yabbies or carp is prohibited in all inland waters.

19Fish and waters protected from recreational fishing(1)

For the purposes of section 20A (2) of the Act, Schedule 3 specifies the particular waters in which the taking of a particular species of fish by a particular method is prohibited and the period during which it is prohibited.

(2)

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

Division 5Miscellaneous20Part 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 Estate Management Act 2014 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 that are protected from commercial fishing under section 20 (1) of the Act,

• (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 any provision of, or any instrument or notification under, the Marine Estate Management Act 2014.

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 1Preliminary21Fishing 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 Estate Management Act 2014 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 under section 20 (1) of the Act,

• (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 any provision of, or any instrument or notification under, the Marine Estate Management Act 2014,

• (h)

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

22Lawful 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.

23Use of certain fishing gear prohibited in vicinity of Fish Rock(1)

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

• (a)

  family Carangidae (trevally, kingfish, rainbow runner),

• (b)

  family Scombridae (mackerel, wahoo),

• (c)

  family Istiophoridae (marlin, sailfish),

• (d)

  Rachycentron canadum (cobia),

• (e)

  Pomatomus saltatrix (tailor),

• (f)

  Coryphaena hippurus (mahi mahi, dolphinfish),

• (g)

  Arripis trutta (eastern Australian salmon).

Maximum penalty—100 penalty units.

(2)

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.

cl 23: Am 2019 No 14, Sch 2.9[2].

24Beach 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 if the net is used for the purposes of shark meshing activities and complies with the following conditions—

• (a)

  the net is used only as a sunk net and no part of the net (excluding buoys) is on the surface of the water,

• (b)

  the floatline and leadline consist of synthetic rope of 150 metres in length and at least 8 mm in diameter and have a breaking strain of at least 900 kg,

• (c)

  approved net floats are attached to the floatline at intervals of not more than 5 metres,

• (d)

  the netting twine is continuous synthetic filament with a breaking strain of at least 60 kg,

• (e)

  the mesh size is 60 cm and the number of meshes is not less than 12 meshes deep so that the net is approximately 6 metres high when set,

• (f)

  both ends of the net are marked on the surface of the water by a buoy that—

  • (i)

    is moored so as to be positioned above the end of the net, and

  • (ii)

    measures at least 200 mm in all dimensions, and

  • (iii)

    displays “SHARK NET” in clearly visible letters.

(2)

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 that is certified in accordance with the National Measurement Act 1960 of the Commonwealth or in a manner approved by the Secretary.

(3)

In this clause, approved net float means a float that is at least 10 cm in diameter and at least 5 cm in thickness or a float of equivalent buoyancy approved by the Secretary.

Division 2Lawful commercial nets25Nets used in share management fisheries(1)

A net specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the net.

(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 the Supporting Plan that apply to the fishery).

Table

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.

26Otter trawl net (fish)—southern fish trawl restricted fishery(1)

It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobster) 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)

  the mesh of the 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)

  the 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 restricted 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.

Table

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.

27Danish seine trawl net (fish)—southern fish trawl restricted fishery(1)

It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobster) 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 restricted fishery.

Table

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 nets28Application 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).

29Spanner 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 grams 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, surname, year of birth and 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.

Table

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

Description of net: netting attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width; netting not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position; no more than 2 layers of netting.

30Hoop or lift net(1)

It is lawful for a person to use a hoop or lift net for taking fish (other than rock lobster 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)

  a person uses no more than—

• • (i)

    4 nets at any one time when fishing in estuarine waters only, and

  • (ii)

    5 nets at any one time when fishing in inland waters only (including any open pyramid lift nets),

• (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)

    is moored so that no rope is 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, surname, year of birth and 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 letters “HN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, 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,

• (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)

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.

(3)

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).

Table

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.

cl 30: Am 2023 (13), Sch 5[4].

31Open pyramid lift net(1)

It is lawful for a person to use an open pyramid lift net for taking yabbies or spiny crayfish 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)

  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 uses no more than 5 nets at any one time (including any hoop or lift nets),

• (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)

    is moored so that no rope is 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 “PN”, and the initial of the first name, surname, year of birth and 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—displays the letters “PN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, 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,

• (d)

  in the case of a net used by a person other than a commercial fisher—the net is not left set for more than 24 hours.

(2)

It is also lawful to use an open pyramid lift net to take freshwater shrimp that are taken by the open pyramid lift net when it is being lawfully used for taking yabbies or spiny crayfish.

(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 an open pyramid lift net.

(4)

In this clause, spiny crayfish means fish of the species Euastacus, commonly known as spiny crayfish, eastern freshwater crayfish or Murray crayfish.

Table

Waters—Inland waters.

Description of net—consisting of a base not exceeding 600 mm by 600 mm; a horizontal opening at the top of the netting that is parallel to the base and not less than 200 mm in all dimensions; mesh height of not more than 150 mm; mesh not less than 13 mm nor more than 40 mm.

32Hand-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.

Table

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.

33Push 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)

  a person uses only 1 net 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).

Table

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.

34Dip 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)

  a person uses only 1 net 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).

Table

Waters—Any waters (other than inland waters).

Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre 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.

35Hand-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.

Table

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.

36Landing 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 Supporting Plan 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.

Table

Waters—Any waters.

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

Division 4Lawful traps37Traps used in share management fisheries(1)

A trap specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the trap.

(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 the Supporting Plan that apply to the fishery).

Table

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

38Recreational lobster trap(1)

It is lawful for a person to use a trap for taking rock lobster 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 grams 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, surname, year of birth and 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.

(2)

This clause does not apply to or in respect of a commercial fisher who is taking rock lobster 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.

(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 lobster trap.

Table

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.

39Recreational 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 grams 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, surname, year of birth and 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.

Table

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).

40Bait 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, surname, year of birth and 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 (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.

Table

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.

41Yabby 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 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 or tag,

• (b)

  if the trap’s position is indicated by a buoy, the buoy must—

  • (i)

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

  • (ii)

    measure not less than 100 mm in all dimensions, and

  • (iii)

    have a height above the water of not less than 50 mm, and

  • (iv)

    be moored so that no rope is floating on the surface of the water,

• (c)

  if the trap’s position is indicated by a tag, the tag must—

  • (i)

    be securely attached to a part of the trap that is at or above water level, and

  • (ii)

    be at least 80 mm by 45 mm in size,

• (d)

  if the trap is not being used to take fish for sale, the buoy or tag must display the letters “YT” and the initial of the first name, surname, year of birth and 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 or tag,

• (e)

  if the trap is being used to take fish for sale, the buoy or tag must display the letters “YT”, the name of the commercial fisher using the trap and the registration number of the fisher’s commercial fishing licence, 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 or tag,

• (f)

  the maximum number of traps that can be used at any time is—

  • (i)

    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

  • (ii)

    if the trap is being used in inland waters to take fish for sale—100 traps.

(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.

Table

Waters—Inland waters, other than the following—

• (a)

  public water land east of the Newell Highway,

• (b)

  the Murray River from the Newell Highway at Tocumwal downstream to the Echuca road bridge,

• (c)

  the Edward River from the Murray River at Picnic Point downstream to Stevens Weir,

• (d)

  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.

42Shrimp 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, surname, year of birth and 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.

(2)

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.

(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 shrimp trap.

Table

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 5Use of lines

pt 3, div 5, hdg: Subst 2023 (13), Sch 5[7].

43Attended lines(1)

A person must not, for the purpose of taking fish in any waters other than inland waters—

• (a)

  use more than 4 lines, or

• (b)

  use any 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 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 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.

(3)

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

• (a)

  has dimensions of at least 80mm by 25mm, and

• (b)

  clearly displays in capital letters—

  • (i)

    the person’s name, and

  • (ii)

    the person’s residential address or boat registration number.

Maximum penalty—50 penalty units.

(4)

A person must not, for the purpose of taking fish in any inland waters—

• (a)

  use more than 2 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.

(5)

A person must not, for the purpose of taking fish in any inland waters, have in the person’s possession, in or on or adjacent to any inland waters—

• (a)

  more than 2 lines, or

• (b)

  if the person is only using lures—more than 4 lines.

Maximum penalty—100 penalty units.

(6)

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

Maximum penalty—50 penalty units.

(7)

This clause does not apply in relation to the holder of an endorsement in 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.

(8)

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.

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

line means a rod and line or handline.

cl 43: Subst 2023 (13), Sch 5[8].

44Drift 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 6Other restrictions on use of fishing gear45Taking of rock lobster(1)

A person must not take rock lobster 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 rock lobster if the use of the trap by that person for that purpose is, but for this clause, lawful.

46Taking 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

• (d)

  a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis), or

• (e)

  pliers.

Maximum penalty—25 penalty units.

(2)

This clause does not prevent a person from taking any fish by the method of hand picking (whether or not while wearing a glove).

47Taking of shellfish by means of a dredge or similar device

A person must not take shellfish by means of a dredge or similar device.

Maximum penalty—100 penalty units.

48Taking of Atlantic salmon or trout(1)

A person must not take Atlantic salmon or trout from any waters (other than from the backed up waters of a dam or an impoundment) by any method other than by the use of not more than 2 rods and lines with not more than—

• (a)

  2 single hooks attached, or

• (b)

  2 lures attached and 3 hooks attached to each lure.

Maximum penalty—50 penalty units.

(2)

A person must not take Atlantic salmon or trout from the backed up waters of a dam or an impoundment by any method other than by the use of not more than 2 rods and lines, each with not more than—

• (a)

  2 single hooks attached, or

• (b)

  3 lures attached and 3 hooks attached to each lure.

Maximum penalty—50 penalty units.

(2A)

A person must not, for the purpose of taking Atlantic salmon or trout in any waters, have in the person’s possession, in or on or adjacent to the waters—

• (a)

  more than 2 rods and lines, or

• (b)

  if the person is only using lures—more than 4 rods and lines.

Maximum penalty—100 penalty units.

(3)

A person must not use a light for the purpose of taking Atlantic salmon or trout.

Maximum penalty—50 penalty units.

(4)

It is not an offence under this clause for a person to use a landing net as an auxiliary to the taking of Atlantic salmon or trout after the salmon or trout has been hooked.

(5)

In this clause, hook includes a single hook, double hook or treble hook.

cl 48: Am 2023 (13), Sch 5[9] [10].

49Taking of groper(1)

A person must not take groper in any waters by any method other than by the use of a rod and line or a handline.

Maximum penalty—100 penalty units.

(2)

In this clause, groper means any fish of the species Achoerodus viridis, commonly known as eastern blue groper, blue groper, brown groper or red groper.

50Jagging or foul hooking of fish(1)

A person must not take fish by the method of jagging.

Maximum penalty—25 penalty units.

(2)

A person must not use a gaff for the purpose of taking fish from any inland waters.

Maximum penalty—25 penalty units.

(3)

In this clause, jagging means the use of any device or instrument that is intended to hook fish otherwise than through the mouth.

51Scuba diving(1)

A person must not, while using any apparatus capable of supplying air to facilitate breathing underwater, take fish by any method.

Maximum penalty—100 penalty units.

(2)

This clause does not apply to a person who takes—

• (a)

  for the purpose of sale—abalone, sea urchin or turban shell in compliance with the requirements of the Act and this Regulation and, in the case of abalone, the Fisheries Management (Abalone Share Management Plan) Regulation 2000, or

• (b)

  any fish while using a snorkel, or

• (c)

  scallops (family Pectinidae), or

• (d)

  sea urchin.

52Spear guns and bowfishing equipment—the Act, s 23(1)

A person must not—

• (a)

  use a spear gun in inland waters for the purpose of taking fish, or

• (b)

  use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or

• (c)

  use a spear gun aided by lights in any waters for the purpose of taking fish.

Maximum penalty—50 penalty units.

(2)

A person must not take any fish in any waters by means of a spear gun that is fitted with an explosive device.

Maximum penalty—100 penalty units.

(3)

A person must not take fish in any waters using a bow and arrow, except as provided by subclause (4).

Maximum penalty—50 penalty units.

(4)

A person may take carp from inland waters using bowfishing equipment if the person takes the carp—

• (a)

  during the period commencing 30 minutes before sunrise and ending 30 minutes before sunset, and

• (b)

  without the aid of lights, and

• (c)

  at least 100 metres from another person, other than persons in the company of the person taking carp, and

• (d)

  at least 100 metres from a boat ramp, dwelling, camping ground, picnic area or another vessel, and

• (e)

  at least 500 metres from a caravan park.

(5)

In this clause—

bowfishing equipment means—

• (a)

  a hand held bow with a reel of no more than 30 metres of fishing line, and

• (b)

  an arrow, attached to the fishing line, with barbs and without fletching.

carp means fish of the species Cyprinus carpio and does not include goldfish or any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).

spear gun includes a spear or similar device.

cl 52: Am 2021 (505), Sch 1[1] [2]; 2023 (13), Sch 5[11] [12].

53Firearms(1)

A person must not take any fish in any waters by means of a firearm.

Maximum penalty—50 penalty units.

(2)

It is not an offence under this clause for a commercial fisher to use a firearm to kill or attempt to kill shark or other fish lawfully taken by means of fishing gear (other than a firearm).

(3)

In this clause, firearm does not include a spear gun.

Division 7Miscellaneous54Joining 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.

55Illegally 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.

56Illegally 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.

57Monofilament and certain multi-strand nets prohibited

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

58Method of dragging or drawing nets

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

59Identification 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.

60Measuring length and mesh size of nets(1)

For the purposes of testing or determining the length of a net, the net must be measured along the cork line or head line of the net from the first hanging to the last hanging.

(2)

For the purposes of testing or determining the mesh size of a net that is described in this Part as being lawful (other than a net specified in the Table to this clause or a beach safety meshing net), a prescribed measuring device must be used in the manner required by this clause.

(3)

A prescribed measuring device is a device verified in the manner determined by the Secretary that complies with the following description—

• (a)

  it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,

• (b)

  both members have attached a fixed knife edge,

• (c)

  when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,

• (d)

  a scale and a point is marked on both members.

(4)

A prescribed measuring device must be used in the following manner—

• (a)

  the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,

• (b)

  the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,

• (c)

  the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.

(5)

For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, a prescribed measuring device must be used in the manner required by this clause except that—

• (a)

  the weight specified in relation to that net in that Table must be attached to the sliding member, and

• (b)

  the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.

(6)

In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.

(7)

The mesh size specified in respect of a lawful net in this Part is taken to be the mesh size determined by the use of a prescribed measuring device in the manner required by this clause.

Table

Nets	Weight attached
Hand-hauled prawn net	1,585 grams
Push or scissors net	1,585 grams
Otter trawl net (fish)	2,945 grams
Danish seine trawl net (fish)	2,945 grams

61Restrictions on the sale of commercial nets(1)

A person must not sell a commercial net to another person unless the person is satisfied that the other person—

• (a)

  is the holder of a commercial fishing licence, or

• (b)

  is the holder of a permit under this clause.

Maximum penalty—100 penalty units.

(2)

A person who sells a commercial net to another person must make a record of the sale containing the following information—

• (a)

  the date of the sale,

• (b)

  a description of the net sold (including any registration number),

• (c)

  the licence or permit number of the person to whom the net was sold.

Maximum penalty—100 penalty units.

(3)

A person who sells a commercial net to another person must retain the record referred to in subclause (2) for 5 years after the net was sold and must, during that 5-year period, produce the record when requested to do so by a fisheries officer.

Maximum penalty—100 penalty units.

(4)

The Secretary may, on application, issue a permit to a person authorising the person to buy commercial nets.

(5)

A person who is engaged in the business of selling commercial nets to commercial fishers is entitled to a permit under this clause.

(6)

For the purpose of this clause—

• (a)

  a net is a commercial net unless it is a net that may be lawfully used by a person who is not a commercial fisher in all waters or in any particular waters, and

• (b)

  a reference to a person is a reference to a person within New South Wales.

Part 4Priorities in the use of fishing gearNote.

This Part sets out the rights of priority between commercial fishers and recreational fishers on recognised fishing grounds and the rights of priority between commercial fishers in inland waters. Rights of priority between commercial fishers in share management fisheries are set out in the share management plans for the fisheries. Rights of priority between commercial fishers on recognised fishing grounds are set out in the Supporting Plan.

62Offence of fishing contrary to rights of priority

A person must not attempt to take fish contrary to the rights of priority determined by this Part after being directed not to do so—

• (a)

  by a fisheries officer, or

• (b)

  by another fisher (who is using or intending to use a net or other fishing gear in accordance with this Part).

Maximum penalty—50 penalty units.

63Commercial fishers must use fishing gear in accordance with this Part

A commercial fisher must not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.

Maximum penalty—50 penalty units.

64Priority between commercial fishers and recreational fishers on recognised fishing grounds

A commercial fisher who is taking or who intends to take fish on a recognised fishing ground, by the method for which the area concerned is a recognised fishing ground, has priority over any other person who is taking or intends to take fish on the recognised fishing ground by any other method.

65Priority between commercial fishers using nets in inland waters

The rights of priority in the setting of nets in inland waters between commercial fishers working on the same recognised fishing ground are determined as follows—

• (a)

  the first turn belongs to the commercial fisher who, with lawful nets, first arrives at the point on the bank from which it is intended that those nets are to be set,

• (b)

  the next turn is to belong to the commercial fisher who next so arrives, and so on,

• (c)

  during a commercial fisher’s turn, the fisher is to have the exclusive right of setting nets in so much of the inland waters as equals, in metres measured from the point referred to in paragraph (a), the product of the number of nets the fisher is using or intends to use and 100, subject to the following—

  • (i)

    the point from which that measurement is made must be not less than 100 metres from any net set by and belonging to any other commercial fisher,

  • (ii)

$1,201
22	Application for registration as Class B registered fish receiver (clause 189 (2))—
(a) for 1 or 2 premises at which fish receiver receives fish, and	$3,917
(b) for each additional premises	$1,958
23	Issue or reissue of annual charter fishing licence, clause 209(1) and (3)(b)	$761
24	Renewal of annual charter fishing licence, clause 209(1)	$601
25	Annual contribution for each declared charter fishing activity specified on charter fishing licence, clause 210(1)	$120
26	Electronic transfer of charter fishing business, clause 223(2)(a)	$200
27	Manual transfer of charter fishing business by manual transfer, clause 223(2)(b)	$401
28	Application for permit under Part 7 of the Act (clause 224 (1) (a))	$179
29	Minor assessment (clause 224 (3) (a))	$179
30	Moderate assessment (clause 224 (3) (b))	$418
31	Major assessment (clause 224 (3) (c))	$1,497
32	Complex assessment (clause 224 (3) (d))	$3,891
33	Additional assessment (clause 224 (7))—for each hour (or part of an hour) of work performed	$74

sch 6: Am 2020 No 30, Sch 1.19[2]; 2022 (688), Sch 3[20]; 2023 (13), Sch 5[24].

Schedule 7Members and procedure of advisory councils—the Act, Part 8, Div 21Definitions

In this Schedule—

advisory council means an advisory council established under section 229 of the Act.

member means a member of an advisory council.

2Terms of office

Subject to this Schedule, a member holds office for the term specified in the instrument of appointment (not exceeding 3 years) but is eligible (if otherwise qualified) for re-appointment.

3Allowances for members

A member is entitled to be paid any allowances as the Minister from time to time determines, in accordance with any relevant Government policies or guidelines, in respect of the member.

4Deputies(1)

A member may, from time to time, appoint a person to be the deputy of the member, and may at any time revoke any such appointment.

(2)

An appointment may be made only with the approval of the Minister. The Minister may revoke the approval at any time.

(3)

In the absence of a member, the member’s deputy may, if available, act in the place of the member.

(4)

While acting in the place of a member, a person—

• (a)

  has all the functions of the member and is taken to be a member, and

• (b)

  is entitled to be paid any remuneration (including travelling and subsistence allowances) as the Minister from time to time determines in respect of the person.

(5)

This clause does not apply to the following—

• (a)

  a member of the Aboriginal Fishing Advisory Council referred to in clause 250 (1) (a) or (b),

• (b)

  a member of the Commercial Fishing NSW Advisory Council.

5Vacancy in office of member

The office of a member of an advisory council becomes vacant if—

• (a)

  the member dies, or

• (b)

  the member completes a term of office and is not re-appointed, or

• (c)

  the member resigns the office by instrument in writing addressed to the Minister, or

• (d)

  the member is removed from office by the Minister under clause 6 of this Schedule, or

• (e)

  the member is absent from 3 consecutive meetings of the advisory council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or Secretary or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister or Secretary for having been absent from those meetings, or

• (f)

  in the case of a member of the Ministerial Fisheries Advisory Council, the Recreational Fishing NSW Advisory Council or the Recreational Fishing Trusts Advisory Council, the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit, or

• (g)

  the member becomes a mentally incapacitated person, or

• (h)

  in the case of a member appointed as a representative of NTSCORP Limited or the New South Wales Aboriginal Land Council, the body advises the Minister that the body no longer wishes to be represented by that member, or

• (i)

  in the case of a member who is appointed as a nominee of the Secretary, the Secretary withdraws the member’s nomination, or

• (j)

  in the case of a member who is appointed as an officer of a government department, the member ceases to be an officer of that department.

6Removal of member from office by Minister(1)

The Minister may remove a member from office in accordance with this clause.

(2)

The Minister is to consult the advisory council of which the person is a member before removing him or her from office.

(3)

The Minister may remove the member from office—

• (a)

  after the period of 30 days has elapsed since the Minister first gave notice to the advisory council concerned of the proposal to remove the member from office, or

• (b)

  if the removal of the member is agreed to by the advisory council concerned, at any time.

(4)

The Minister must remove a member of the Aboriginal Fishing Advisory Council from office if the Minister is satisfied, after consultation with the Council, that the member has been convicted of an offence involving dishonesty or financial misconduct or an offence relating to the management of the affairs of a business or a corporation.

7Filling of vacancy in office of member(1)

If the office of a member of an advisory council becomes vacant, the Minister is to appoint a person to fill the vacancy.

(2)

The Minister may appoint a person to fill a vacancy by calling for expressions of interest in the position, requesting nominations for the position or appointing a person who was previously nominated for the position.

8Chairperson and deputy chairperson of advisory council (other than Aboriginal Fishing Advisory Council)(1)

The Minister is to appoint the chairperson of each advisory council, other than the Aboriginal Fishing Advisory Council.

(2)

The chairperson is to be a person who is not a member of the advisory council and who, in the opinion of the Minister, has no direct or indirect pecuniary interest in the fishery concerned.

(3)

The chairperson of the Ministerial Fisheries Advisory Council must, in the opinion of the Minister, be a person who—

• (a)

  does not represent the Department or any commercial fishing, recreational fishing, aquaculture, Aboriginal cultural fishing or conservation interests, and

• (b)

  has significant expertise and experience in the management of fisheries.

(3A)

The chairperson of the Recreational Fishing Trusts Advisory Council must, in the Minister’s opinion, be a person who—

• (i)

  does not represent the Department, and

• (ii)

  does not have a financial interest in the fishing industry, and

• (iii)

  has knowledge and experience in recreational fishing.

(4)

The chairperson of the Commercial Fishing NSW Advisory Council must, in the opinion of the Minister, be a person who—

• (a)

  does not represent the Department or any restricted fishery or share management fishery, and

• (b)

  has significant expertise and experience in the management of fisheries.

(5)

The Minister may appoint a deputy chairperson for an advisory council. The appointee may be a member of the advisory council concerned.

(6)

Both the chairperson and the deputy chairperson (if any) are entitled to attend and (in accordance with this clause) chair meetings of the advisory council.

(7)

A meeting of an advisory council is to be chaired by the chairperson or, in the absence of the chairperson, by—

• (a)

  the deputy chairperson of the advisory council, or

• (b)

  in the absence of the deputy chairperson (or if no deputy chairperson has been appointed)—the person appointed by the Minister to chair the meeting in such circumstances (who may be a member of the advisory council), or

• (c)

  in the absence of the person appointed under paragraph (b)—a member of the advisory council elected by the members present to chair the meeting.

(8)

The person chairing a meeting of an advisory council is entitled to vote at the meeting only if the person is a voting member of that council.

(9)

This clause does not apply to the Aboriginal Fishing Advisory Council.

9Chairperson and deputy chairperson of Aboriginal Fishing Advisory Council(1)

The Aboriginal Fishing Advisory Council is to appoint its own chairperson and deputy chairperson from among its members and must advise the Minister of the persons appointed.

(2)

A meeting of the Aboriginal Fishing Advisory Council is to be chaired by the chairperson of the Council or, in the absence of the chairperson, by—

• (a)

  the deputy chairperson of the Council, or

• (b)

  in the absence of the deputy chairperson (or if no deputy chairperson has been appointed)—the person appointed by the Minister to chair the meeting in such circumstances (who is a member of the Council), or

• (c)

  in the absence of the person appointed under paragraph (b)—a member of the Council elected by the members present to chair the meeting.

10General procedure for calling and holding meetings of advisory councils(1)

The procedure for the calling and holding of meetings of an advisory council (other than the Aboriginal Fishing Advisory Council) is to be determined by the Minister.

(2)

The procedure for the calling and holding of meetings of the Aboriginal Fishing Advisory Council is to be determined by the chairperson of the Council in consultation with the Minister.

(3)

During any vacancy in the office of chairperson of the Aboriginal Fishing Advisory Council, the procedure for calling and holding of meetings of the Council is to be determined by the Minister.

(4)

An advisory council is to hold at least 2 meetings each calendar year, unless the advisory council otherwise determines.

11Transaction of business outside meetings or by telephone(1)

An advisory council may, with the written approval of the Secretary, transact any of its business by the circulation of papers among all the members of the advisory council for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the advisory council.

(2)

An advisory council may, with the written approval of the Secretary, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3)

For the purposes of—

• (a)

  the approval of a resolution under subclause (1), or

• (b)

  a meeting held in accordance with subclause (2),

the chairperson and each member have the same voting rights as they have at an ordinary meeting of the advisory council.

(4)

A resolution approved under subclause (1) is to be recorded in the minutes of the meetings of the advisory council.

(5)

Papers may be circulated among the members for the purposes of subclause (1) by electronic means.

12Quorum(1)

The quorum for a meeting of an advisory council consists of a majority of its members for the time being, excluding any members not entitled to vote at meetings of the advisory council.

(2)

(Repealed)

13Voting

A recommendation supported by a majority of votes cast at a meeting of an advisory council at which a quorum is present is the recommendation of the advisory council.

14Disclosure of pecuniary interests(1)

A member of an advisory council—

• (a)

  who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the advisory council, and

• (b)

  whose interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest to the chairperson of the advisory council.

(2)

A disclosure by a member of the advisory council at a meeting of the advisory council that the member—

• (a)

  is a member, or is in the employment, of a specified company or other body, or

• (b)

  is a partner, or is in the employment, of a specified person, or

• (c)

  has some other specified interest relating to a specified company or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under this clause.

(3)

After a member of an advisory council has disclosed the nature of an interest in any matter, the member must not, if the chairperson of the advisory council so determines—

• (a)

  be present during any deliberation of the advisory council with respect to the matter, or

• (b)

  take part in any decision of the advisory council with respect to the matter.

(4)

A contravention of this clause does not invalidate any decision of the advisory council.

15Functions of members(1)

The members of an advisory council are to ensure that the advisory council exercises its advisory functions conferred by section 229 (3) of the Act and this Regulation.

(2)

The functions of the members do not include the expenditure of funds on behalf of the advisory council or representing the Minister, unless they are expressly authorised to do so by the Minister.

sch 7: Am 2021 (482), Sch 1[19]–[21]; 2025 (37), Sch 1[3] [4].

Schedule 8Penalty notice offences

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.

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.

For the purposes of section 276 (6) of the Act, a fisheries officer is prescribed as an authorised officer in relation to each offence specified in this Schedule.

Column 1	Column 2
Provision	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)–(4)	$500
Section 17 (2) and (2A)	$500
Section 18 (2) and (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) and (c) and (5)	$2,750
Section 20 (3) (b)	$5,500
Section 20A (3) (a) and (b)	$500
Section 20B (1)	$1,000
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) and (2)	$1,000
Section 65 (1)	$1,000
Section 68 (6C)	$1,000
Section 70 (4B)	$500
Section 87 (4) and (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 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) and (b)	$200
Section 122 (4) and (6) (a) and (b)	$300
Section 122 (5)	$200
Section 122A (3)	$300
Section 122A (4) (a) and (b)	$200
Section 123 (1)–(3)	$500
Section 123A (1)	$500
Section 124A (5)	$200
Section 127C	$500
Section 127CA(1)	$500
Section 127CB(8)	$500
Section 127E (4)	$300
Section 127E (5)	$200
Section 127EA(4)	$300
Section 127EA(6)	$200
Section 144 (1)	$500
Section 152 (3)	$200
Section 155	$100
Section 170 (3)	$200
Section 171 (3B)	$200
Section 179 (1) (a) and (b)	$200
Section 190 (2)	$200
Section 200 (1)	$1,000
Section 201 (1)	$1,000
Section 205 (2)	$500
Section 206 (1)	$1,000
Section 207 (2)	$200
Section 216 (1)	$300
Section 217 (1) and (2)	$500
Section 219 (1) (a), (b) and (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 (1)	$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 2019
Clause 23 (1)	$500
Clause 43(1), (4) and (5)	$500
Clause 43(3) and (6)	$100
Clause 44 (1) and (2)	$200
Clause 45 (1)	$300
Clause 46 (1)	$100
Clause 47	$300
Clause 48 (1) and (2)	$200
Clause 48(2A)	$500
Clause 48 (3)	$300
Clause 49 (1)	$500
Clause 50 (1) and (2)	$200
Clause 51 (1)	$300
Clause 52 (1)	$300
Clause 52 (2)	$500
Clause 53 (1)	$200
Clause 59 (1)	$100
Clause 61 (1)	$500
Clause 61 (2) and (3)	$300
Clause 62	$200
Clause 63	$300
Clause 74	$200
Clause 75 (1)	$200
Clause 77	$200
Clause 78 (2)	$200
Clause 79 (1) and (2)	$500
Clause 81 (1)	$500
Clause 83 (1)	$500
Clause 84 (1)–(3)	$100
Clause 84 (4)	$200
Clause 85 (1)	$200
Clause 86 (1)–(3)	$300
Clause 87 (1) and (2)	$200
Clause 88 (1)	$200
Clause 89 (1) and (5)	$300
Clause 89 (3)	$100
Clause 91 (1) and (2)	$300
Clause 92 (1)	$500
Clause 93 (1)	$200
Clause 93 (2)	$100
Clause 95 (1)	$500
Clause 96 (1)	$500
Clause 98	$500
Clause 114 (1)	$500
Clause 136 (1) and (2)	$200
Clause 202	$300
Clause 203 (2)	$200
Clause 204 (3)	$200
Clause 221(1)	$200
Clause 225	$500
Clause 246A	$1,000
Part 3 Offences under Fisheries Management (Abalone Share Management Plan) Regulation 2000
Clause 38 of the Appendix (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), (4) and (5)	$200
Clause 56 (4)	$200
Clause 57 (6)	$200
Part 5 Offences under Fisheries Management (Estuary General Share Management Plan) Regulation 2006
Clause 35I (7) of the Appendix	$1,000
Part 6 Offences under Fisheries Management (Lobster Share Management Plan) Regulation 2000
Clause 55 of the Appendix (except in respect of a contravention of clause 27 (7) or 51 (1) of that Appendix)	$200
Part 7 Offences under Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006
Clause 10 (1) of the Appendix	$500

sch 8: Am 2022 (688), Sch 3[21]; 2023 (13), Sch 5[25]–[28].

Historical notesTable of amending instruments

Fisheries Management (General) Regulation 2019 (407). LW 23.8.2019. Date of commencement, 1.9.2019, cl 2. This Regulation has been amended as follows—

2019	No 14	Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 2.9, 14 days after assent, sec 2(1).
2020	No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.19, 11.12.2020, sec 2(3).
2021	(482)	Fisheries Management Legislation Amendment Regulation 2021. LW 27.8.2021. Date of commencement, on publication on LW, cl 2.
(505)	Fisheries Management (General) Amendment (Bowfishing) Regulation 2021. LW 3.9.2021. Date of commencement, on publication on LW, sec 2.
2022	No 59	Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2.
(688)	Fisheries Management Legislation Amendment (Licences) Regulation 2022. LW 18.11.2022. Date of commencement, on publication on LW, sec 2.
2023	(13)	Fisheries Management Legislation Amendment Regulation 2023. LW 20.1.2023. Date of commencement of Sch 5, on publication on LW, sec 2(b).

2025 (37) Fisheries Management (General) Amendment (Advisory Councils) Regulation 2025. LW 14.2.2025. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 3	Am 2021 (482), Sch 1[1]; 2022 (688), Sch 3[1].
Cl 4	Am 2022 No 59, Sch 1.16; 2023 (13), Sch 5[1].
Cl 6	Am 2023 (13), Sch 5[2]–[4].
Cl 12	Am 2019 No 14, Sch 2.9[1]. Subst 2023 (13), Sch 5[5].
Cl 14	Am 2021 (482), Sch 1[2].
Cl 15	Am 2023 (13), Sch 5[6].
Part 3, Div 5, heading	Subst 2023 (13), Sch 5[7].
Cl 23	Am 2019 No 14, Sch 2.9[2].
Cl 30	Am 2023 (13), Sch 5[4].
Cl 43	Subst 2023 (13), Sch 5[8].
Cl 48	Am 2023 (13), Sch 5[9] [10].
Cl 52	Am 2021 (505), Sch 1[1] [2]; 2023 (13), Sch 5[11] [12].
Cl 69	Am 2023 (13), Sch 5[13].
Cl 89	Am 2023 (13), Sch 5[14].
Cl 96A	Ins 2023 (13), Sch 5[15].
Cl 98A	Ins 2020 No 30, Sch 1.19[1].
Cl 107	Am 2022 (688), Sch 3[2] [3].
Cl 108	Subst 2022 (688), Sch 3[4].
Cl 109	Rep 2022 (688), Sch 3[4].
Cl 111	Am 2022 (688), Sch 3[5]–[7].
Cl 112	Am 2022 (688), Sch 3[2] [8] [9].
Cl 114	Am 2022 (688), Sch 3[10]–[13].
Cl 115	Subst 2022 (688), Sch 3[14].
Cl 116	Rep 2022 (688), Sch 3[14].
Cl 117	Rep 2022 (688), Sch 3[14].
Cl 118	Rep 2022 (688), Sch 3[14].
Cl 119	Rep 2022 (688), Sch 3[14].
Cl 120	Rep 2022 (688), Sch 3[14].
Cl 121	Rep 2022 (688), Sch 3[14].
Cl 122	Rep 2022 (688), Sch 3[14].
Cl 123	Rep 2022 (688), Sch 3[14].
Cl 124	Rep 2022 (688), Sch 3[14].
Cl 125	Am 2022 (688), Sch 3[15] [16].
Cl 141	Am 2022 (688), Sch 3[17].
Cl 144	Am 2022 (688), Sch 3[18].
Cl 150	Subst 2022 (688), Sch 3[19].
Cl 150A	Ins 2022 (688), Sch 3[19].
Cl 150B	Ins 2022 (688), Sch 3[19].
Cl 150C	Ins 2022 (688), Sch 3[19].
Cl 153	Am 2023 (13), Sch 5[4].
Cl 160	Subst 2023 (13), Sch 5[16].
Cl 168	Am 2023 (13), Sch 5[17].
Cl 170	Am 2022 (688), Sch 3[2].
Cl 173	Am 2023 (13), Sch 5[18] [19].
Cl 176	Am 2023 (13), Sch 5[20].
Part 12	Subst 2023 (13), Sch 5[21].
Part 12, Div 1	Subst 2023 (13), Sch 5[21].
Cl 205	Subst 2023 (13), Sch 5[21].
Cl 206	Subst 2023 (13), Sch 5[21].
Part 12, Div 2	Subst 2023 (13), Sch 5[21].
Cl 207	Subst 2023 (13), Sch 5[21].
Cl 208	Subst 2023 (13), Sch 5[21].
Cl 209	Subst 2023 (13), Sch 5[21].
Cl 210	Subst 2023 (13), Sch 5[21].
Cl 211	Subst 2023 (13), Sch 5[21].
Cl 212	Subst 2023 (13), Sch 5[21].
Cl 213	Subst 2023 (13), Sch 5[21].
Part 12, Div 3	Ins 2023 (13), Sch 5[21].
Cl 214	Subst 2023 (13), Sch 5[21].
Cl 215	Subst 2023 (13), Sch 5[21].
Cl 216	Subst 2023 (13), Sch 5[21].
Cl 217	Subst 2023 (13), Sch 5[21].
Part 12, Div 4	Ins 2023 (13), Sch 5[21].
Cl 218	Subst 2023 (13), Sch 5[21].
Cl 219	Subst 2023 (13), Sch 5[21].
Part 12, Div 5	Ins 2023 (13), Sch 5[21].
Cl 220	Subst 2023 (13), Sch 5[21].
Cl 221	Subst 2023 (13), Sch 5[21].
Cl 222	Am 2023 (13), Sch 5[6]. Subst 2023 (13), Sch 5[21].
Part 12, Div 5	Ins 2023 (13), Sch 5[21].
Cl 223	Subst 2023 (13), Sch 5[21].
Part 14, Div 5, heading	Subst 2021 (482), Sch 1[3].
Cl 246A	Ins 2021 (482), Sch 1[4].
Cl 247	Am 2025 (37), Sch 1[1].
Cl 249A	Ins 2025 (37), Sch 1[2].
Sch 1	Am 2023 (13), Sch 5[2]–[4].
Sch 3	Am 2021 (482), Sch 1[5]–[18]; 2023 (13), Sch 5 [22] [23].
Sch 5	Am 2023 (13), Sch 5[3].
Sch 6	Am 2020 No 30, Sch 1.19[2]; 2022 (688), Sch 3[20]; 2023 (13), Sch 5[24].
Sch 7	Am 2021 (482), Sch 1[19]–[21]; 2025 (37), Sch 1[3] [4].
Sch 8	Am 2022 (688), Sch 3[21]; 2023 (13), Sch 5[25]–[28].