Fisheries Management Legislation Amendment (Fishing Closures) Regulation 2008 (NSW)

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2008 No 521

New South Wales

Fisheries Management Legislation

Amendment (Fishing Closures)

Regulation 2008

under the

Fisheries Management Act 1994

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Fisheries Management Act 1994.

IAN MACDONALD, M.L.C., Minister for Primary Industries

Explanatory note
The object of this Regulation is to convert a number of fishing closures that currently have effect under section 8 of the Fisheries Management Act 1994 for a period of up to 5 years to permanent prohibitions under that Act.
In particular, the Regulation amends a number of regulations to make provision for or with respect to the following:

(a) restricting certain classes of commercial and recreational fishing using various methods in specified areas and during specified periods,
(b) prohibiting spearfishing in certain waters,
(c) prescribing certain conditions of permits for research and other purposes,
(d) providing for certain daily bag limits in respect of specified fish species,
(e) providing for the manner in which pipis may be taken,
(f) prohibiting the taking of bluefish,

(g) protecting southern bluefin tuna from commercial fishing,

This Regulation is made under the Fisheries Management Act 1994, including sections 17,
18, 19, 20, 21, 37, 40, 60, 68 and 289 (the general regulation-making power).

(h) providing for other minor and miscellaneous changes.
Published in Gazette No 148 of 14 November 2008, page 11049 Page 1
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Clause 1 Regulation 2008

Fisheries Management Legislation Amendment (Fishing

Closures) Regulation 2008

under the

Fisheries Management Act 1994

1      Name of Regulation

This Regulation is the Fisheries Management Legislation Amendment
(Fishing Closures) Regulation 2008.

2 Amendment of Fisheries Management (General) Regulation 2002

The Fisheries Management (General) Regulation 2002 is amended as set out in Schedule 1.

3      Amendment of other Fisheries Management legislation

The Regulations specified in Schedule 2 are amended as set out in that
Schedule.

Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Schedule 1 Amendment of Fisheries Management
(General) Regulation 2002

(Clause 2)

[1]      Clause 6 Protected fish

Insert in alphabetical order in Part 1 of the Table to clause 6:

Bluefish Girella cyanea

[2]      Clause 6 (2)

Insert at the end of clause 6:

(2) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 of the Act constituted by taking or being in possession of bluefish if the person charged satisfies the Court that:
(a) the bluefish were taken from Lord Howe Island waters, and
(b) the person’s possession of the fish would, but for the fish being protected fish, be lawful.

[3]      Clause 7 Fish protected from commercial fishing

Insert in Part 1 of the Table, after the item relating to striped Marlin:

Tuna, southern bluefin Thunnus maccoyii

[4]      Clause 8A Prohibition on certain classes of commercial fishing

Omit “Waterways Authority” wherever occurring in the matter relating to the
Clarence River in the Table.

Insert instead “Maritime Authority of NSW”.

[5]      Clause 8B

Insert after clause 8A:

8B Prohibited classes of fishing—recreational and inland restricted
fishery
(1) A person must not engage in a prohibited class of recreational or
commercial (inland) fishing.
Maximum penalty: 100 penalty units.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
(2) A person engages in a prohibited class of recreational or commercial (inland) fishing if the person takes, from an area specified in column 1 of Schedule 2, fish of a kind specified next to that area in column 2 of that Schedule using a method specified next to that area in column 3 of that Schedule during the period or periods specified in column 4 of that Schedule.
(3) Except as otherwise provided by this clause, this clause does not apply in respect of a commercial fisher taking fish for sale as authorised under the Act.
(4) This clause extends to a commercial fisher taking fish in the
inland restricted fishery.

[6]      Part 2, Division 3, Table

Omit “Bar cod” from Part 1 of the Table. Insert instead “Banded rockcod”.

[7]      Clause 21 Use of nets and traps prohibited in certain waters (Brisbane Waters, Port Hacking etc)

Omit the clause.

[8]      Clause 128A

Insert after clause 128:

128A Taking of pipis for use as bait only
(1) A person must not take pipis except for use as bait.
Maximum penalty: 100 penalty units.
(2) A person must not take pipis unless the person is in the authorised
area for the taking of pipis.
Maximum penalty: 100 penalty units.
(3) A person must not remove pipis from the authorised area for the
taking of pipis.
Maximum penalty: 100 penalty units.
(4) This clause does not apply:

(a)

in respect of the taking of, or removal of, pipis by a person who is a commercial fisher authorised to take them under the Act, or

(b)

in respect of the removal of pipis by any other person if the pipis were taken by a commercial fisher and were purchased or otherwise acquired by the person.

(5) In this clause, the authorised area for the taking of pipis is the
area within 50 metres of the mean high water mark of a beach.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1

[9]      Clause 133BA

Insert after clause 133B:

133BA Prescribed conditions of section 37 permits

(1)

For the purposes of section 37 (4) (a) of the Act, it is a condition of a permit under section 37 of the Act that the permit holder does not take fish from waters specified in column 1 of the Table to this clause using a method specified next to those waters in column 2 of the Table.

(2) In the Table to this clause, longitude and latitude coordinates are
in WGS84 datum, unless otherwise provided.

Table Waters in which fishing under permit prohibited

Column 1 Column 2
Waters affected Methods of fishing
prohibited
Trial Bay South West Rocks
The whole of the waters within a 100 Any method involving the use
metre radius of any Maritime of the following fishing gear:
Authority of NSW emergency buoy
(a) purse seine net,
situated at or near the following point
at Trial Bay: 30°52.645′S,
(b) submersible lift net
153°03.175′E and 30°52.664′S, (bait).
153°03.106′E.
Narrabeen—Black Road Bait
Ground
The waters known as the Black Road Any method involving the use
Bait Ground, enclosed by a line drawn of a purse seine net.
east from the eastern extremity of
North Narrabeen Head for a distance
of approximately 1,650 metres to the
30 fathom depth contour, then
southerly along the 30 fathom depth
contour to a point approximately
2,650 metres due east of South
Narrabeen Surf Life Saving Club,
then by a line drawn west to that Club.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002

[10]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Prohibited classes of fishing—
recreational and inland restricted
fishery

(Clause 8B)

Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Richmond River (Lower Reaches)—Traps

The whole of the waters of Any species of Any method All year.
the Richmond River and fish. involving the use of
tributaries from a line a trap (other than a
drawn between the eastern bait trap).

extremities of the northern and southern breakwaters, upstream to the Burns

Point ferry crossing.

Richmond River—Southern Burns Point

The whole of the waters Any species of Any method. All year.
within a 50 metre radius of fish.
the southern Burns Point
ferry approach ramp on the
Richmond River at Ballina.

Richmond River—Ballina Quays

The whole of the waters of Any species of Any method All year.
the Richmond River fish. involving the use of
known as Ballina Quays, a net (other than a
north of a line drawn from landing net).
the south-western corner of
lot 1 Riverside Drive,
south-western bank of bearing 231°31′ to the
Ballina Quays.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Richmond River—Artificial Lakes

The whole of the tidal Any species of Any method All year.
waters of the artificial fish. involving the use of
lakes known as Prospect a net, other than the
Lake and Chickiba Lake at following:
East Ballina and Shaws (a) a dip or scoop
Bay or Saltwater lagoon,
north of the northern net (prawns),
training wall and (b) a landing net.

breakwater, including their tributaries and connecting channels.

Richmond River and Wilsons River (Upper Reaches)—Traps

The whole of the tidal Any species of Any method All year.
waters of the Richmond fish. involving the use of
River and tributaries a trap (other than a
(including all the waters of bait trap).
the Wilsons River),
upstream from the road
bridge at Woodburn.
Evans River—Entrance
The whole of the waters of Any species of Any method All year.
Evans River including its fish. involving the use of
creeks and tributaries, from the following:
a line drawn between the (a) a lobster trap,
most northerly points of
the eastern and western (b) a crab trap,
breakwaters at the entrance (c) a bait trap.
to Evans River, upstream
to the Elm Street road
bridge.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Iluka—Woody Bay
The whole of the waters of Any species of Any method All year.
Woody Bay enclosed by a fish. involving the use of
line drawn from the broad a lobster trap.
arrow mark engraved in the
rock at the north-easterly
end of the Woody Head
camping ground
153°22.440′E), then in a (29°21.890′S,
northerly direction for
approximately 300 metres
to the broad arrow mark
engraved in the rock
labelled FD near Seagull
Hole (29°21.780′S,
153°22.430′E), then in a
south-westerly direction to
the Maritime Authority of
NSW navigation buoy
(29°21.850′S,
153°22.274′E), then in a

south-westerly direction to the post marked “NSWF” on the foreshore

(29°21.940′S,
153°22.260′E), then along
the mean high water mark
to the point of
commencement.
Lake Arragan
The whole of the waters of Any species of Any method All year.
Lake Arragan. fish. involving the use of
a net or trap, other
than the following:
(a) a landing net,

(b)

a dip or scoop net (prawns),

(c) a bait trap.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Coffs Harbour Entrance
The whole of the waters Any species of Any method All year.
within the following fish. involving the use of
boundaries: a lobster trap.
Commencing at the
northern extremity of the
eastern breakwater
153°09.164′E) then (30°18.535′S,

northerly to position 30°18.200′S, 153°09.100′E, then

easterly to position 30°18.200′S, 153°09.500′E, then

southerly to position 30°18.800′S, 153°09.500′E, then

westerly to position 30°18.800′S, 153°09.100′E, then

northerly to the point of
commencement, but
exclusive of all land area so
enclosed.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Coffs Harbour—Harbour
The whole of the waters of Any species of Any method All year.
Coffs Harbour, west of a fish. involving the use of
line drawn from the a lobster trap.
northern extremity of the
eastern breakwater
(30°18.535′S,
153°09.164′E), north to
Muttonbird Island, but
exclusive of waters
enclosed by the following
bearings:
30°18.400′S,
153°08.800′E
30°18.500′S,
153°08.800′E
30°18.500′S,
153°09.100′E
30°18.400′S,
153°09.100′E

Boambee, Bonville and Pine Creeks

The whole of the waters of Any species of Any method All year.
Boambee, Bonville and fish. involving the use of
Pine Creeks, together with a net, other than the
all their creeks, tributaries following:
and inlets extending from (a) a dip or scoop
the South Pacific Ocean
upwards to their source. net (prawns),
(b) a landing net.
Bellinger River
The whole of the waters of Any species of Any method All year.
the Bellinger River and its fish. involving the use of
tributaries, downstream a trap (other than a
from a line drawn bait trap).
east-west across the river
and intersecting the
northern extremity of the
northern breakwater.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Kalang River
The whole of the waters of Any species of Any method All year.
the Kalang River and fish. involving the use of
Urunga Lagoon and their a trap (other than a
tributaries, downstream bait trap).
from a line drawn
north-east across the river
from the northern
extremity of the southern
training wall.
Deep Creek
The whole of the waters of Any species of Any method All year.
Deep Creek, and its fish. involving the use of
tributaries and inlets, a hoop or lift net.

extending from the South Pacific Ocean upstream to its source.

Yarrahapinni Wetlands National Park

The whole of the waters of Any species of Any method. All year.
the Yarrahapinni Wetlands fish.

National Park and its creeks and tributaries extending upstream of its

confluence with the Macleay River at the existing flood mitigation

gates and associated levy
banks located in
Anderson’s Inlet.
Belmore River
The whole of the waters of Any species of Any method All year.
that part of the Belmore fish. involving the use of
River and its creeks, a net or a trap, other
tributaries and inlets, from than the following:
its source, downstream to (a) a dip or scoop
the road bridge at
Gladstone. net (prawns),
(b) a landing net,
(c) a bait trap.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Korogoro Creek, Hat Head

The whole of the waters of Any species of Any method All year.
Korogoro Creek from its fish. involving the use of
source including its creeks a net, other than the
and tributaries to its following:
confluence with the South (a) a dip or scoop
Pacific Ocean. net (prawns),
(b) a landing net.
Killick Creek
The whole of the waters of Any species of Any method All year.
Killick Creek, its creeks fish. involving the use of
and tributaries upstream a net, other than the
from its confluence with following:

the South Pacific Ocean.

(a)

a dip or scoop net (prawns),

(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a landing net.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Crowdy Head Boat Harbour—Rock Lobster

The whole of the waters of Any species of Any method. All year.
the boat harbour at Crowdy rock lobster
Head and the adjoining (Jasus
South Pacific Ocean up to a verreauxi,
line drawn from the most Jasus
northern extremity of the edwardsii,
southern breakwater to the Panulirus
most western extremity of longipes and
the northern breakwater, Panulirus
that part of the South ornatus,
Pacific Ocean extending Scyllarides
100 metres in a westerly spp.).
direction from the
abovementioned line, and
that part of the South
Pacific Ocean extending
100 metres on the seaward
side of the breakwaters of
the Crowdy Head boat
harbour from the beginning
of the breakwaters to their
extremities.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Crowdy Head Boat Harbour—Nets and Traps

The whole of the waters of Any species of Any method All year.
the boat harbour at Crowdy fish. involving the use of
Head and the adjoining the following:
South Pacific Ocean up to a (a) a trap,
line drawn from the most
northern extremity of the (b) a hoop or lift
southern breakwater to the net.
most western extremity of
the northern breakwater,
that part of the South
Pacific Ocean extending
100 metres in a westerly
direction from the
abovementioned line, and
that part of the South
Pacific Ocean extending
100 metres on the seaward
side of the breakwaters of
the Crowdy Head boat
harbour from the beginning
of the breakwaters to their
extremities.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Wallis Lake
The whole of the waters Any species of Any method All year.
within the following fish. involving the use of
boundaries: Commencing the following:
at the entrance to Wallis (a) a hoop or lift
Lake at the eastern
extremity of the northern net,
breakwater and bounded (b) a
then by that breakwater hand-hauled
and a part of the foreshores prawn net,
of the village of Tuncurry (c) a push or
generally southerly to the scissors net
prolongation of the western (prawns),
side of Wharf Street; then (d) a crab trap,
by a line bearing
approximately 239 degrees (e) a lobster trap.
to the north-eastern corner
of Oyster Lease 71.295;
then by a line bearing
approximately 168 degrees
to the north-western corner
of Oyster Lease 70.434 and
by a line bearing
approximately 155 degrees
across the water to the
south-western corner of
Oyster Lease 57.295 on
Godwin Island; then by the
northern foreshore of that
island north-easterly to its
most northern point; then
by a line bearing 60
degrees to the foreshore of
the village of Forster at the
prolongation of the
southern boundary of
Section 27; then by that
foreshore generally
northerly to the southern
breakwater, by that
breakwater north-easterly
to its eastern extremity and
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
by a line across the
entrance to the point of
commencement.
Lake Macquarie—Traps
The whole of the waters of Any species of Any method All year.
Lake Macquarie from its fish. involving the use of
confluence with the South a trap, other than a
Pacific Ocean, and its bait trap.
creeks, inlets, bays, lakes
and lagoons.

Lake Macquarie—Digging

The whole of the waters of Any species of Any method All year.
Lake Macquarie from its fish. involving the use of
confluence with the South digging with a spade
Pacific Ocean, and its or fork.
creeks, inlets, bays, lakes
and lagoons.

Lake Macquarie—Prawn Nets

The whole of the waters of Any species of Any method All year.
Lake Macquarie from its fish. involving the use of
confluence with the South the following:
Pacific Ocean upwards to a (a) a
line drawn from the
western most extremity of hand-hauled
Marks Point generally prawn net,
south to the northern most (b) a push or
extremity of Coon Island scissors net
Nature Reserve. (prawns).
Lake Macquarie—Upper Reaches
The whole of the waters of Any species of Any method All year.
Mannering Bay and its fish. involving the use of
tributaries including Wyee a hoop or lift net.
Creek, upstream of the
causeway across the
entrance to Mannering
Bay.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited

taken

Lake Macquarie—Lake Petite

The whole of the waters of Any species of Any method All year.
Lake Petite upstream of its fish. involving the use of
confluence with Bardens a hoop or lift net.
Bay.

Lake Macquarie—Whiteheads Lagoon

The whole of the waters of Any species of Any method All year.
Whiteheads Lagoon fish. involving the use of
upstream of the road bridge a hoop or lift net.
near its confluence with
Lake Macquarie.

Lake Macquarie—Muddy Lake and Lake Eraring

The whole of the waters of Any species of Any method All year.
Muddy Lake and Lake fish. involving the use of
Eraring, upstream of a line a hoop or lift net.
drawn from the southern
extremity of Pipers Point to
the most north-eastern
point of the north bank of
Dora Creek.

Lake Macquarie—Duck Hole Lagoon

The whole of the waters of Any species of Any method All year.
Duck Hole Lagoon. fish. involving the use of
a hoop or lift net.

Lake Macquarie—Eraring Power Station

The whole of the waters of Any species of Any method. The period from
the Eraring power station fish. May to August
outlet canal, and the waters (inclusive) in
within 100 metres of the each year: from
canal extremity. 6pm to 6am on
each day.

Lake Macquarie—Vales Point Power Station

The whole of the waters of Any species of Any method. The period from
the Vales Point power fish. May to August
station outlet canal, and the (inclusive) in
waters within 100 metres each year: from
of the canal extremity. 6pm to 6am on
each day.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Tuggerah Lakes
The whole of the waters of Any species of Any method All year.
that part of the entrance to fish. involving the use of
Tuggerah Lake from the the following:
confluence of Tuggerah (a) a hoop or lift
Lake and the South Pacific
Ocean bounded by a line net,
commencing on the high (b) a
water mark at a point 201 hand-hauled
metres south-westerly prawn net,
from the north-western (c) a push or
corner of portion 39 in the scissors net
parish of Wallarah, then (prawns),
north-westerly to (d) a crab trap,
33°19.410′S, 151°30.293′E (NSW (e) a lobster trap.
Maritime Navigation Aid
Number 096), then
north-westerly to
33°19.344′S,
151°30.112′E (NSW
Maritime Navigation Aid
Number 095), then
northerly to 33°19.143′S, 151°29.959′E (NSW
Maritime Navigation Aid
Number 094), then
northerly to 33°18.934′S,
151°29.875′E (NSW
Maritime Navigation Aid
Number 093), then
south-westerly to
33°19.225′S, 151°29.589′E (NSW
Maritime Navigation Aid
Number 092), then
south-westerly to
33°19.636′S,
151°29.134′E (NSW
Maritime Navigation Aid
Number 091), then
south-westerly to
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
33°20.055′S,
151°28.708′E (NSW
Maritime Navigation Aid
Number 090), then easterly
to 33°20.138′S,
151°29.122′E (NSW
Maritime Navigation Aid
Number 089), then
south-easterly to
33°20.220′S,
151°29.235′E (NSW
Maritime Navigation Aid
Number 088), then
south-easterly to
33°20.364′S,
151°29.300′E (NSW
Maritime Navigation Aid
Number 087), then
south-easterly to a point on
the high water mark of the
eastern shore of that lake
805 metres southerly from
the northern extremity of
Picnic Point.
Lake Munmorah—Nets
The whole of the waters of Any species of Any method All year.
Budgewoi Creek, together fish. involving the use of
with all its tributaries, a net, other than the
extending upstream from following:
the Traffic Road Bridge to (a) a dip or scoop
the Pedestrian Bridge at the
entrance to Lake net (prawns),
Munmorah. (b) a landing net.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited

taken

Budgewoi Lake—All Methods

The whole of the waters of Any species of Any method. The period from
that part of the outlet canal fish. May to August
of the Munmorah Power (inclusive) in
House, Budgewoi Lake, each year: from
north-east of a line bearing 6pm to 6am on
140 degress across the each day.
canal from the
south-westernmost
extremity of the
breakwater on the
south-western side of the
canal to Ourringo Point.
Wamberal Lagoon
The whole of the waters of Any species of Any method All year.
Wamberal Lagoon, fish. involving the use of
together with its affluents the following:
and tributaries. (a) a hoop or lift
net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Terrigal Lagoon
The whole of the waters of Any species of Any method All year.
Terrigal Lagoon, together fish. involving the use of
with its affluents and the following:
tributaries. (a) a hoop or lift
net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
Avoca Lake
The whole of the waters of Any species of Any method All year.
Avoca Lake (including fish. involving the use of
Bulbararing Lagoon), the following:
together with its affluents (a) a hoop or lift
and tributaries. net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
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Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Cockrone Lake
The whole of the waters of Any species of Any method All year.
Cockrone Lake, together fish. involving the use of
with its affluents and the following:
tributaries. (a) a hoop or lift
net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.

Hawkesbury River—Brisbane Water/Broken Bay

The whole of the waters of Any species of Any method All year.
that part of Brisbane fish. involving the use of
Water/Broken Bay a net or trap, other
together with all its creeks, than the following:
tributaries, inlets and bays (a) a landing net,
north of a line drawn
westerly from the western (b) a dip or scoop
extremity of Little Box net (prawns),
Head to the eastern (c) a bait trap.
extremity of Green Point.

Hawkesbury River—Brisbane Water/Broken Bay entrance

The whole of the waters of Any species of Any method All year.
that part of Brisbane fish. involving the use of
Water/Broken Bay north of a lobster trap.
a line drawn westerly from
the western extremity of
Little Box Head and the
northernmost Point of
Mount Ettalong.
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Longneck Lagoon
The whole of the waters of Any species of Any method All year.
Longneck Lagoon, its fish. involving the use of
creeks and tributaries east a net or trap, other
of Cattai Road. than the following:
(a) a landing net,

(b)

a dip or scoop net (prawns),

(c) a bait trap.

Bungan Head

The whole of the foreshore All species of Any method. All year.
from the southern cunjevoi
extremity of Newport (Pyura spp.)
Beach, generally and
south-easterly to the invertebrates,
northern extremity of except blacklip
Bungan Beach (including abalone
that part of the foreshore (Haliotis
between the mean high rubra), eastern
water mark and a line rock lobster
drawn 10 metres seaward (Jasus
of the mean low water verreauxi) and

mark).

southern rock lobster (Jasus edwardsii).

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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Mona Vale Headland
The whole of the foreshore All species of Any method. All year.
from the northernmost cunjevoi
extremity of the rock (Pyura spp.)
platform bordering Bungan and
Beach, generally south to invertebrates,
the southernmost extremity except blacklip
of the rock platform abalone
bordering Basin Beach (Haliotis
(including that part of the rubra), eastern
foreshore between the rock lobster
mean high water mark and (verreauxi)
a line drawn 10 metres and southern
seaward of the mean low rock lobster
water mark). (Jasus
edwardsii).
Narrabeen Lake
The whole of the waters of Any species of Any method All year.
Narrabeen Lake and its fish. involving the use of
tributaries including Deep the following:
Creek, Middle Creek, (a) a hoop or lift
South Creek and Mullet
Creek together with their net,
affluents and tributaries. (b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
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Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Dee Why Lagoon
The whole of the waters of Any species of Any method All year.
Dee Why Lagoon, together fish. involving the use of
with its affluents and the following:
tributaries. (a) a hoop or lift
net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
Dee Why Headland
The whole of the foreshore All species of Any method. All year.
from the southern cunjevoi
boundary of the (Pyura spp.)
recreational reserve and
bordering Handoub invertebrates,
Parade, generally southerly except blacklip
to the northern extremity of abalone
Curl Curl Beach (including (Haliotis
that part of the foreshore rubra), eastern
between the mean high rock lobster
water mark and a line (Jasus
drawn 10 metres seaward verreauxi) and
of the mean low water southern rock
mark). lobster (Jasus
edwardsii).
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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Curl Curl Lagoon
The whole of the waters of Any species of Any method All year.
Curl Curl Lagoon, together fish. involving the use of
with its affluents and the following:
tributaries. (a) a hoop or lift
net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
Manly Lagoon
The whole of the waters of Any species of Any method All year.
Manly Lagoon, together fish. involving the use of
with its affluents and the following:
tributaries. (a) a hoop or lift
net,
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Shelly Beach Headland
The whole of the foreshore All species of Any method. All year.
between the northern end cunjevoi
of Shelly Beach Reserve (Pyura spp.)
Car Park (at 33°48.016S, and
151°17.933E) to the invertebrates,
northern boundary of except blacklip
Sydney Harbour National abalone
Park, as indicated by a (Haliotis
sandstone rock wall on the rubra), eastern
cliff top which is visible rock lobster
from the rock platform (Jasus
(including that part of the verreauxi) and
foreshore between the southern rock
mean high water mark and lobster (Jasus
a line drawn 10 metres edwardsii).
seaward of the mean low
water mark).

Sydney Harbour—Intertidal Protected Areas

The whole of the All species of Any method. All year.
foreshores of Sydney cunjevoi
Harbour and all its (Pyura spp.)
tributaries, west (upstream) and
of a line from the southern invertebrates,
extremity of North Head to except blacklip
the northern extremity of abalone
South Head, but excluding (Haliotis
those waters of North rubra), eastern
Harbour which are north of rock lobster
a line from Manly Point to (Jasus
the south end of Forty verreauxi) and
Baskets Beach (including southern rock
that part of the foreshore lobster (Jasus
between the mean high edwardsii).
water mark and a line
drawn 10 metres seaward
of the mean low water
mark).
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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Bondi—Mackenzies Point

The whole of the foreshore All species of Any method. All year.
from the northern cunjevoi
extremity of the rock baths (Pyura spp.)
on the rock platform of and
Bondi Bay, generally invertebrates,
southerly and except blacklip
south-westerly to the abalone
northern extremity of (Haliotis
Tamarama Beach rubra), eastern
(including that part of the rock lobster
foreshore between the (Jasus
mean high water mark and verreauxi) and
a line drawn 10 metres southern rock
seaward of the mean low lobster (Jasus
water mark). edwardsii).

Clovelly Bay and Gordons Bay

The whole of the waters of All species of Any method. All year.
Clovelly Bay and Gordons blue, brown or
Bay including waters red groper
encompassed by a line (Achoerodus
commencing at the viridis).
south-eastern extremity of
Shark Point, extending
south-easterly for 100
metres to a point
33°54.570′S,
151°16.180′E, then
generally south-westerly to
a point 33°55.060′S,
151°15.480′E, then 100 metres north-westerly to

the eastern most point of the southern headland of Gordons (or Thompsons) Bay, then by the mean high

water mark to the point of
commencement.
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Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Long Bay
The whole of the foreshore All species of Any method. All year.
from the easternmost point cunjevoi
of Boora Point generally (Pyura spp.)
south-westerly to the and
easternmost point of Tupia invertebrates,
Head (including that part except blacklip
of the foreshore between abalone
the mean high water mark (Haliotis
and a line drawn 10 metres rubra), eastern
seaward of the mean low rock lobster
water mark). (Jasus
verreauxi) and
southern rock
lobster (Jasus
edwardsii).

Botany Bay—Inscription Point

The whole of the foreshore All species of Any method. All year.
from Captain Cook cunjevoi
Obelisk at Kurnell (Pyura spp.)
generally north-easterly and
then south-easterly to the invertebrates,
defined climbing track at except blacklip
Inscription Point abalone
(including that part of the (Haliotis
foreshore between the rubra), eastern
mean high water mark and rock lobster
a line drawn 10 metres (Jasus
seaward of the mean low verreauxi) and

water mark).

southern rock lobster (Jasus edwardsii).

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Botany Bay—Towra Point to Kurnell

The whole of the waters of Any species of Any method All year.
that part of Botany Bay fish. involving digging
including Woolooware and with a spade or fork.
Quibray Bays, enclosed
within the following
boundaries: all waters
south of a line drawn
north-easterly from the
northern extremity of
Taren Point, to a point 200
metres offshore (northerly)
from the northernmost
extremity of Towra Point,
and then easterly to the
Captain Cook Obelisk at
Kurnell.

Botany Bay—Sydney Airport

The whole of the waters of Any species of Any method. All year.
Botany Bay enclosed by a fish.
line drawn from a point
marked FD on the eastern side of the western or main

runway to Sydney Airport to a point marked FD on the western side of the third

or parallel runway to
Sydney Airport.

Botany Bay—Cooks River

The whole of the waters of Any species of Any method, other All year.
the Cooks River, its creeks fish. than the following:
and tributaries, upwards to (a) a hand held
its source from its junction
with Botany Bay. line,
(b) a landing net.
Botany Bay—Alexandra Canal
The whole of the waters of Any species of Any method. All year.
the Alexandra Canal from fish.
its source to its junction
with the Cooks River.
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Botany Bay—Kogarah Bay

The whole of the waters of Bi-valve Any method. All year.
Kogarah Bay, Georges molluscs
River north of a line (Class:
extending from Tom Uglys BIVALVIA)
Point east to the St George and whelk spp.
Motor Boat Club (Family:
(including the foreshore THIARIDAE).
area, being the area
between the mean high
water mark and a line
drawn 10 metres seaward
of the mean low water
mark).

Botany Bay—Gwawley Bay

The whole of the waters of Any species of Any method All year.
Gwawley Bay upstream to fish. involving the use of
its source, from a line a net (other than a
drawn from the landing net).
easternmost extremity of
Sandy Point,
south-easterly to the
opposite shore, being all
those waters within the
area known as Sylvania
Waters Subdivision.
Botany Bay—Woronora
The whole of the waters of Any species of Any method All year.
the Woronora River, its fish. involving the use of
creeks and tributaries, from a net (other than a
the Woronora Bridge landing net).
upstream to its source.
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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited

taken

Port Hacking—Nets and Traps

The whole of the waters of Any species of Any method All year.
Port Hacking and its fish. involving the use of
tributaries upstream of a the following:
line drawn southerly from (a) a hoop or lift
the southernmost extremity
of Hungry Point to the net,
northernmost extremity of (b) a
Cabbage Tree or Pulpit hand-hauled
Point. prawn net,
(c) a crab trap,
(d) a lobster trap,
(e) a push or
scissors net
(prawns).
Port Hacking—Cabbage Tree Point
The whole of the foreshore All species of Any method. All year.
from the ferry jetty in cunjevoi
Bundeena Bay generally (Pyura spp.)
westerly to the east end of and
Simpson’s Bay Beach invertebrates,
(including that part of the except blacklip
foreshore between the abalone
mean high water mark and (Haliotis
a line drawn 10 metres rubra), eastern
seaward of the mean low rock lobster
water mark). (Jasus
verreauxi) and
southern rock
lobster (Jasus
edwardsii).
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Port Hacking—Gunnamatta Bay

The whole of the waters of All species of Any method. All year.
that part of Port Hacking the following:
being Gunnamatta Bay, (a) worms
together with all the creeks, (Class:
tributaries and inlets of that POLYCH
part north of a line AETA),
extending north-easterly
from the southern most (b) nippers
extremity of Burrameer (Family:
(Burraneer) Point to the CALLIA
southernmost extremity of NASSID
Hungry Point. AE),
(c) shellfish
(Class:
GASTR
OPODA /
BIVALV
IA).

Port Hacking—Simpson’s Bay Beach to Costens Point

The whole of the foreshore All species of Any method. All year.
of Port Hacking from the shellfish (Class:
east end of Simpson’s Bay GASTROPOD
Beach generally west to the A /
most northern end of BIVALVIA).

Costens Point (including the foreshore extending from the mean high water

mark, to 100 metres
horizontally seaward from
the mean low water mark).
Wattamolla Lagoon
The whole of the waters of Any species of Any method All year.
Wattamolla Lagoon (Royal fish. involving the use of

National Park).

a net or a trap (other than a landing net).

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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Bellambi Point
The whole of the waters Any species of Any method All year.
adjacent to Bellambi Point fish. involving the use of
from a line drawn from the a lobster trap.
northern most point of the
breakwater nearest to
Bellambi Point boat ramp
in a direction of 55 degrees
north-easterly for a
distance of 150 metres,
then in a direction of 360
degrees due north for a
distance of 85 metres to a
line bearing 270 degrees
due west for a distance of
280 metres, then in a
direction of 180 degrees
due south to the foreshore
at the mean high water
mark, then along the
foreshore in a generally
easterly direction to the
breakwater, then along the
breakwater at the mean
high water mark to the
point of commencement.
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited

taken

Port Kembla—Outer Harbour

The whole of the waters of Any species of Any method, other All year.
the Port Kembla Harbour fish. than the following:
(Outer Harbour) within the (a) a hand held
following boundary: east
of a line drawn from the line,
green navigation light on (b) a landing net.
the western end of the
northern bank of the inner
harbour entrance canal to
the red navigation light at
the western end of the
southern bank of the inner
harbour entrance canal,
and from the most
northerly extremity of the
eastern breakwater, west to
the southern extremity of
the northern breakwater.
Port Kembla—Inner Harbour
The whole of the waters of Any species of Any method. All year.
the Inner Harbour of Port fish.

Kembla, formerly known as Tom Thumb’s Lagoon, and its creeks and

tributaries west of a line
drawn from the green
navigation light on the
western end of the northern
bank of the inner harbour
entrance canal to the red
navigation light at the
western end of the southern
bank of the inner harbour
entrance canal.
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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Para or Fairy Creek—Nets

The whole of the waters of Any species of Any method All year.
Para or Fairy Creek, fish. involving the use of
together with its creeks and a net (other than a
tributaries, from its landing net).
confluence with the South
Pacific Ocean.
Lake Illawarra
The whole of the waters of Any species of Any method All year.
that part of the entrance to fish. involving the use of
Lake Illawarra from the the following:
confluence of Lake (a) a hoop or lift
Illawarra and the South
Pacific Ocean upstream to net,
a line drawn from the (b) a
north-western corner of hand-hauled
portion 44 in the parish of prawn net,
Wollongong; then by lines (c) a push or
bearing 291 degrees 30 scissors net
minutes 333 metres 228 (prawns),
degrees 57 minutes 174 (d) a crab trap,
metres and 191 degrees 30
minutes 718 metres, (e) a lobster trap.
respectively, to a post
marked broad-arrow over
FD on the north-western
shore of Bevans Island;
then by that shore of that
island bearing generally
south-westerly, in all about
233 metres to a point
marked broad-arrow over
FD at the westernmost
extremity of that island,
and then by a line bearing
approximately 205 degrees
about 565 metres to a peg
marked broad-arrow over
E on the southern shore of
Lake Illawarra.
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Lake Illawarra (Mullet Creek)—Nets

The whole of the waters of Any species of Any method All year.
Mullet Creek together with fish. involving the use of
its creeks and tributaries a net (other than a
from its confluence with landing net).
Lake Illawarra upstream to
its source.
Minnamurra River
The whole of the waters of Any species of Any method All year.
Minnamurra River, its fish. involving the use of
creeks and tributaries from a net, other than the
its source downstream to following:

the South Pacific Ocean.

(a)

a dip or scoop net (prawns),

(b) a landing net.

Shoalhaven River—Lady Denman Heritage Complex

The waters comprised in Any species of Any method. All year.
Lady Denman Heritage fish.
Complex Fish Enclosure in
the Shoalhaven River
(Crown Lands reserve
number R96376;
Shoalhaven City Council
reserve number BHU603).

St Georges Basin including Sussex Haven

The whole of the waters of Any species of Any method All year.
Sussex Haven, its creeks, fish. involving the use of
inlets and canals from its a net, other than the
confluence with the South following:
Pacific Ocean upstream to (a) a dip or scoop
its confluence with St
Georges Basin. net (prawns),
(b) a landing net.
Willija (or ‘Y’) Swamp
The whole of the waters of Any species of Any method All year.
Willija (or ‘Y’) Swamp at fish. involving the use of

Moruya Heads.

a net or a trap (other than a landing net).

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Schedule 1 Amendment of Fisheries Management (General) Regulation 2002
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken

Moruya River—Upper Reaches

All of the waters of Any species of Any method All year.
Moruya (or Deua) River fish. involving the use of
and its tributaries, a net (other than a
including Wamban Creek, landing net).
upstream from the Kiora
Bridge to its source.
Wagonga Inlet
The whole of the waters of Any species of Any method All year.
Wagonga Inlet and its fish. involving the use of
tributaries westward of a the following:
line drawn north-west (a) a hoop or lift
across the entrance from
the northernmost extremity net,
of Wagonga Head. (b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a crab trap,
(e) a lobster trap.
Wapengo Lake
The whole of the waters of Any species of Any method All year.
that part of Wapengo Lake, fish. involving the use of
its creeks, tributaries and a net, other than the
inlets, from a line drawn following:
across the entrance to the (a) a dip or scoop
Lake at its confluence with
the South Pacific Ocean, net (prawns),
upstream to a line drawn (b) a landing net.
from the north-eastern
(foreshore) corner of
Oyster Farm No. 57-112,
to the south-eastern
(foreshore) corner of
Oyster Farm No. 69-332.
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Regulation 2008
Amendment of Fisheries Management (General) Regulation 2002 Schedule 1
Column 1 Column 2 Column 3 Column 4
Area affected Species of Methods of Period
fish that fishing
must not be prohibited
taken
Bega River
The whole of the waters of Any species of Any method All year.
the Bega River, its creek, fish. involving the use of
tributaries, inlets and a net (other than a
lagoons (including Jellat landing net).
Jellat Creek and the Brogo
River) upstream to its
source from a line drawn
easterly across the Bega
River from the
southernmost point of the
entrance to Jellat Jellat
Creek.

Sandy Beach Creek and Bournda Lagoon

The whole of the waters of Any species of Any method All year.
Sandy Beach Creek and fish. involving the use of
Bournda Lagoon, together a net, other than the
with all their inlets, creeks following:

and tributaries.

(a)

dip or scoop net (prawns),

(b) landing net.
Wonboyn River
The whole of the waters of Any species of Any method All year.
Wonboyn River, including fish. involving the use of
Broadwater, together with a hoop or lift net.
all its tributaries upward to
its source from its
confluence with the waters
of the South Pacific Ocean.
Nadgee River
The whole of the waters of Any species of Any method, other All year.
Nadgee River, Nadgee fish. than the following:
Lake, Merrica River and (a) a dip or scoop
Little Creek, including all
their creeks and tributaries net (prawns),
from their confluence with (b) a landing net,
the South Pacific Ocean (c) a bait trap,
upstream to their source.
(d) a hand held
line.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 1 Amendment of Fisheries Management (General) Regulation 2002

[11]      Schedule 3 Waters in which use of prawn net (set pocket) is permitted

Omit the Schedule.

[12]      Schedule 4 Waters in which spearfishing is prohibited

Insert the following in appropriate order:

Clovelly Bay and Gordons Bay

The whole of the waters of Clovelly Bay and Gordons Bay including waters encompassed by a line commencing at the south-eastern extremity of Shark

151°15.480′E, then 100 metres north-westerly to the easternmost point of the151°16.180′E, then generally south-westerly to a point 33°55.060′S, Point, extending south-easterly for 100 metres to a point 33°54.570′S,
southern headland of Gordons (or Thompsons) Bay, then by the mean high
water mark to the point of commencement.

Shelly Beach Lagoon

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

[13]      Schedule 5 Penalty notice offences

Insert in appropriate order in Part 2 of the Schedule:

Clause 8B $500
Clause 128A (1) $300
Clause 128A (2) $300
Clause 128A (3) $300
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Schedule 2 Amendment of other Fisheries
Management legislation

(Clause 3)

2.1 Fisheries Management (Abalone Share Management Plan)
Regulation 2000
[1] Appendix, clause 31A
Insert after clause 31:
31A Taking abalone prohibited in certain waters

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Schedule 1 are waters in which the class of commercial fishing that consists of the taking of abalone is prohibited.

[2]      Appendix, Schedule 1

Insert after clause 42:

Schedule 1 Waters in which taking of abalone prohibited

(Clause 31A)

Port Jackson (Sydney Harbour) The waters of Port Jackson and its
tributaries, upstream of a line drawn from
the northern extremity of South Head to
the southern extremity of North Head.
2.2 Fisheries Management (Estuary General Share Management
Plan) Regulation 2006
[1] Appendix, clause 4, Table, Note
Insert at the end of the Table:

Note. Fishing in the above waters is subject to other restrictions imposed by this Plan, the Supporting Plan or by other regulations under the Act (and, in particular, the fishing closures set out in Schedule 1).

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation

[2]      Appendix, clause 14B

Insert in appropriate order in Part 5:

14B Use of discard chutes
(1) For the purposes of section 68 (6A) of the Act, it is a condition of a meshing endorsement that any fish taken at any time that are to be released in the period starting one hour before sunrise and ending one hour after sunset are released:
(a) using a discard chute that complies with discard chute guidelines, and
(b) in a manner that complies with the discard chute guidelines.
(2) For the purposes of this clause, discard chute guidelines are guidelines approved by the Director-General for the purposes of this clause and published in the Gazette.

[3]      Appendix, Part 6A

Insert after Part 6:

Part 6A Restrictions on areas of operation

16A Other restrictions on areas of operation

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in column 1 of Schedule 1 are waters in which the class of commercial fishing that consists of the taking of fish of a species specified in column 2 of that Schedule by a method specified in column 3 of that Schedule (next to the species concerned) is prohibited during the period or periods specified in column 4 of that Schedule.

[4]      Appendix, Schedule 1

Insert at the end of the Appendix:

Schedule 1 Other restrictions on areas of
operation

(Clause 16A)

Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited

All waters—Garfish net (hauling)

The whole of the fishery. Any species of fish. Any method The period
involving the use between
of a garfish net midnight on a
(hauling). Friday and
midnight on the
immediately
following
Sunday, and any
public holiday.

Cudgera Creek, Cudgen Creek and Cudgen Lake

The whole of the waters of Any species of fish. Any method All year.
Cudgera Creek, Cudgen Creek involving the use
and Cudgen Lake and their of a net, other than
tributaries, upstream to their the following:
source from its confluence with
(a) a dip or

the South Pacific Ocean.

scoop net (prawns),

(b) a push or
scissors net
(prawns),
(c) a
hand-hauled
prawn net,
(d) a hoop or lift
net,
(e) a landing
net.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Mooball Creek
The whole of the waters of Any species of fish. Any method All year.
Mooball Creek and its involving the use
tributaries, upstream to its of a net, other than
source from its confluence with the following:
the South Pacific Ocean.
(a) a dip or
scoop net
(prawns),
(b) a push or
scissors net
(prawns),
(c) a
hand-hauled
prawn net,
(d) a hoop or lift
net,
(e) a landing
net.
Richmond River—Weekend Netting
The whole of the waters of the Any species of fish. Any method The period from
Richmond River upstream to its involving the use 8am Saturday to
source from a line drawn east of a net, other than 8am the
across the River from the the following: following
south-eastern corner of Portion Monday in each
(a) a hoop or lift
21 at the eastern end of week.
Emigrant Creek and all other net,
tributaries, creeks, bays, inlets (b) a
and canal estates within those hand-hauled
boundaries. prawn net,
(c) push or
scissor net
(prawns),
(d) dip or scoop
net
(prawns),
(e) landing net.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Richmond River—Nets
The whole of the tidal waters of Any species of fish. Any method The period from
the Richmond River and involving the use December in any
tributaries (excluding Wilsons of the following: year to March in
River) upstream from the the next year
(a) a hauling net
Woodburn road bridge. (general (both months
purpose), inclusive).
(b) a garfish net (bullringing),
(c) a meshing net, unless the net is

used by the method of splashing (that is,

shooting the
net,
immediately
splashing
and
retrieving it
as a
continuous
operation).

Richmond River—Prawn Nets

The whole of the tidal waters of Any species of fish. Any method The period from
the Richmond River and involving the use March to July in
tributaries (excluding Wilsons of a prawn net each year (both
River) upstream from the (hauling). months
Woodburn road bridge. inclusive).
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Richmond River—Swan Bay
The whole of the tidal waters of Any species of fish. Any method The period from
the Richmond River known as involving the use 15 May to 31
Swan Bay (situated of a meshing net, August in each
approximately 8 km upstream unless the net is year (both dates
from Woodburn). used by the inclusive).
method of
splashing (that is,
shooting the net,
immediately
splashing and
retrieving it as a
continuous
operation).
Richmond River—Bungawalbyn Creek
The whole of the tidal waters of Any species of fish. Any method The period from
Bungawalbyn Creek upstream involving the use 15 May to 31
from the Woodburn to Coraki of a meshing net, August in each
road bridge. unless the net is year (both dates
used by the inclusive).
method of
splashing (that is,
shooting the net,
immediately
splashing and
retrieving it as a
continuous
operation).

Richmond River (Upper Reaches)—Nets and Traps

The whole of the waters of the Any species of fish. Any method All year.
Richmond River and its involving the use
tributaries upstream from of a net or trap,
Tatham Bridge to its source. other than the
following:
(a) a hoop or lift
net,
(b) a landing
net,
(c) an eel trap.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited

Richmond River and Wilsons River (Upper Reaches)—Traps

The whole of the tidal waters of Any species of fish. Any method All year.
the Richmond River and involving the use
tributaries (including all the of a trap, other
waters of the Wilsons River), than an eel trap.
upstream from the Road Bridge
at Woodburn.
Wilsons River—Nets
The whole of the tidal waters of Any species of fish. Any method The period from
the Wilsons River and involving the use December in any
tributaries, from its confluence of the following: year to March in
with the Richmond River at the next year
(a) a hauling net
Coraki, upstream to the high (general (both months
voltage power lines across the inclusive).
Wilsons River adjacent to purpose),
Three Chain Road, South (b) a meshing
Lismore. net, unless
the net is
used by the
method of
splashing
(that is,
shooting the
net,
immediately
splashing
and
retrieving it
as a
continuous
operation),

(c)

a garfish net (bullringing).

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Wilsons River—Prawn Nets
The whole of the tidal waters of Any species of fish. Any method The period from
the Wilsons River and its involving the use March to July in
tributaries, from its confluence of a prawn net each year (both
with the Richmond river at (hauling). months
Coraki, upstream to the high inclusive).
voltage power lines across the
Wilsons River adjacent to
Three Chain Road, South
Lismore.
Wilsons River (Upper Reaches)—Nets
The whole of the waters of the Any species of fish. Any method All year.
Wilsons River and its involving the use
tributaries, upstream from the of a net, other than
high voltage power lines across the following:
the river adjacent to Three
(a) a hoop or lift
Chain Road, South Lismore,
including Leycesters Creek, net,
Terania Creek and Lagoon (b) a landing
Creek. net.
Evans River—Entrance
The waters of the Evans River Any species of fish. Any method All year.
from a line drawn between the involving the use
most northerly points of the of a net or a trap,
eastern and western other than the
breakwaters at the entrance of following:
the Evans River, upstream to its (a) a
source and junction with Rocky hand-hauled
Mouth Creek. prawn net,
(b) a push or
scissors net
(prawns),
(c) a dip or
scoop net
(prawns),
(d) a landing
net,
(e) a hoop or lift
net.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Jerusalem Creek
The whole of the waters of Any species of fish. Any method All year.
Jerusalem Creek and its involving the use
tributaries, upstream to its of a net, other than
source from its confluence with the following:
the South Pacific Ocean.
(a) a dip or
scoop net
(prawns),
(b) a push or
scissors net
(prawns),
(c) a
hand-hauled
prawn net,
(d) a hoop or lift
net,
(e) a landing
net.
Clarence River
That part of the Clarence River Any species of fish. Any method All year.
downstream of a line drawn involving the use
directly across the main channel of a prawn net (set
of the Clarence River from the pocket).
western most part of the
Brown’s or Goodwood Island
Wharf.
Boambee Creek (and Newport Creek)
The whole of the waters of Any species of fish. Any method All year.
Boambee Creek, together with involving the use
all its creeks, tributaries and of a net, other than
inlets from the confluence with the following:
the South Pacific Ocean
(a) a dip or

upstream to its source.

scoop net (prawns),

(b) a landing
net.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited

Bonville Creek (and Pine Creek)

The whole of the waters of Any species of fish. Any method All year.
Bonville Creek together with all involving the use
its creeks, tributaries and inlets of a net, other than
from the confluence with the the following:
South Pacific Ocean upstream
(a) a dip or

to its source.

scoop net (prawns),

(b) a landing
net.

Dalhousie Creek

The whole of the waters of Any species of fish. Any method All year.
Dalhousie Creek and its involving the use
tributaries upstream from its of a hauling net
confluence with the South (general purpose).
Pacific Ocean.
Oyster Creek
The whole of the waters of Any species of fish. Any method All year.
Oyster Creek and its tributaries involving the use
upstream from its confluence of a hauling net
with the South Pacific Ocean. (general purpose).
Saltwater Creek
The whole of the waters of Any species of fish. Any method All year.
Saltwater Creek and its involving the use
tributaries upstream from its of the following:
confluence with the South
(a) a hauling net

Pacific Ocean.

(general purpose),

(b)

a garfish net (bullringing).

Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited

Yarrahapinni Wetlands National Park

The whole of the waters of the Any species of fish. Any method. All year.
Yarrahapinni Wetlands
National Park and its creeks and
tributaries extending upstream
of its confluence with the
Macleay River at the existing
flood mitigation gates and
associated levy banks located in
Anderson’s Inlet.
Belmore River
The waters of that part of Any species of fish. Any method All year.
Belmore River and its creeks, involving the use
tributaries and inlets, from the of a net or a trap,
Belmore River flood gate other than the
downstream to the road bridge following:
at Gladstone (being waters that
(a) a landing
are part of the estuarine system

of the Macleay River).

net, (b) an eel trap.

Belmore River—Upper Reaches
The waters of that part of Any species of fish. Any method All year.
Belmore River and its creeks, involving the use
tributaries and inlets, from its of a net or a trap
source downstream to the (other than a
Belmore River flood gate landing net).

(being waters that are part of the estuarine system of the Macleay River).

Korogoro Creek
The whole of the waters of Any species of fish. Any method All year.
Korogoro Creek from its involving the use
source, including its creeks and of a net, other than
tributaries to its confluence the following:
with the South Pacific Ocean.
(a) a dip or
scoop net
(prawns),
(b) a landing
net.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Killick Creek
The whole of the waters of Any species of fish. Any method All year.
Killick Creek, its creeks and involving the use
tributaries upstream from its of a net, other than
confluence with the South the following:
Pacific Ocean.
(a) a dip or
scoop net
(prawns),
(b) a
hand-hauled
prawn net,
(c) a push or
scissors net
(prawns),
(d) a landing
net.
Khappinghat Creek
The whole of the waters of Any species of fish. Any method All year.
Khappinghat Creek, together involving the use
with all its tributaries, of a net (other
downstream from its source to than a landing
its confluence with the South net).
Pacific Ocean.
Wallis Lake
That part of Wallis Lake known Any species of fish. Any method All year.
as Minimbah Creek upstream involving the use
from its confluence with Wallis of a seine net
Lake. (prawns).
That part of Wallis Lake known Any species of fish. Any method All year.
as Duck Gully Creek upstream involving the use
from its confluence with Wallis of a seine net
Lake. (prawns).
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3 Column 4
Area affected Species of fish Methods of Period
that must not be fishing
taken prohibited
Wallis Lake—Nets and Traps

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Schedule 1 are waters in which the class of commercial fishing that consists of the use of a lobster trap or commercial lobster trap to take fish is prohibited.

[2]      Appendix, Schedule 1

Insert after clause 60:

Schedule 1 Waters in which use of lobster trap prohibited

(Clause 40A)

Iluka—Woody Bay

The whole of the waters of Woody Bay enclosed by a line drawn from the broad arrow mark engraved in the rock at the north

easterly end of the Woody Head camping
ground (29°21.890′S, 153°22.440′E), then in
a northerly direction for approximately 300
metres to the broad arrow mark engraved in
the rock labelled FD near Seagull Hole
(29°21.780′S, 153°22.430′E), then in a
south-westerly direction to the Maritime
Authority of NSW navigation buoy
(29°21.850′S, 153°22.274′E), then in a
south-westerly direction to the post marked
“NSWF” on the foreshore (29°21.940′S,
153°22.260′E), then along the mean high
water mark to the point of commencement.

Evans River—Entrance

The waters of Evans River including its creeks and tributaries, from a line drawn between the most northerly points of the eastern and western breakwaters at the

entrance to Evans River, upstream to the Elm
Street road bridge.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2

Coffs Harbour Entrance

All waters within the following boundaries: Commencing at the northern extremity of the

eastern breakwater (30°18.535′S,
153°09.164′E) then northerly to position
30°18.200′S, 153°09.100′E, then easterly to
position 30°18.200′S, 153°09.500′E, then
southerly to position 30°18.800′S, 153°09.500′E, then westerly to position

30°18.800′S, 153°09.100′E, then northerly to the point of commencement, but exclusive of all land area so enclosed.

Coffs Harbour—Harbour The whole of the waters of Coffs Harbour,
west of a line drawn from the northern
extremity of the eastern breakwater
(30°18.535′S, 153°09.164′E), north to
Muttonbird Island, but exclusive of waters
enclosed by the following bearings:
30°18.400′S, 153°08.800′E
30°18.500′S, 153°08.800′E
30°18.500′S, 153°09.100′E
30°18.400′S, 153°09.100′E
Crowdy Head Boat Harbour The whole of the waters of the boat harbour
at Crowdy Head and the adjoining South
Pacific Ocean up to a line drawn from the
most northern extremity of the southern
breakwater to the most western extremity of
the northern breakwater, that part of the
South Pacific Ocean extending 100 metres in
a westerly direction from the
abovementioned line, and also that part of the
South Pacific Ocean extending 100 metres on
the seaward side of the breakwaters of the
Crowdy Head boat harbour from the
beginning of the breakwaters to their
extremities.
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation

Wallis Lake

The whole of the waters within the following boundaries: Commencing at the entrance to Wallis Lake at the eastern extremity of the northern breakwater and bounded then by that breakwater and a part of the foreshores

to the prolongation of the western side of

of the village of Tuncurry generally southerly approximately 239 degrees to the north-eastern corner of Oyster Lease 71.295; then by a line bearing approximately 168 degrees to the north-western corner of Oyster Lease 70.434 and by a line bearing approximately 155 degrees across the water to the south-western corner of Oyster Lease 57.295 on Godwin Island; then by the northern foreshore of that island north-easterly to its most northern point; then by a line bearing 60 degrees to the foreshore of the village of Forster at the prolongation of the southern boundary of Section 27; then by that foreshore generally northerly to the southern breakwater, by that breakwater north-easterly to its eastern extremity and by a line across the entrance to the point of commencement.

Hawkesbury River—Brisbane That part of the Hawkesbury River
Water/Broken Bay Water/Broken Bay) north of a line drawn
between Little Box Head and the
northernmost point of Mount Ettalong.
Dee Why Lagoon, Curl Curl Lagoon The whole of the waters of Dee Why Lagoon,
and Manly Lagoon Curl Curl Lagoon and Manly Lagoon
together with their affluents and tributaries.

Port Jackson (Sydney Harbour)

The whole of the waters of Port Jackson and its tributaries, upstream of a line drawn from the northern extremity of South Head to the southern extremity of North Head.

Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Bellambi Point The whole of the waters adjacent to Bellambi
Point from a line drawn from the
northernmost point of the breakwater nearest
to Bellambi Point boat ramp in a direction of
55 degrees north-easterly for a distance of
150 metres, then in a direction of 360 degrees
due north for a distance of 85 metres to a line
bearing 270 degrees due west for a distance
of 280 metres, then in a direction of 180
degrees due south to the foreshore at the
mean high water mark, then along the
foreshore in a generally easterly direction to
the breakwater, then along the breakwater at
the mean high water mark to the point of
commencement.
2.4 Fisheries Management (Ocean Hauling Share Management
Plan) Regulation 2006
[1] Appendix, clause 11A
Insert after clause 11:
11A Other restrictions on areas of operation

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Column 1 of Schedule 3 are waters in which the class of commercial fishing that consists of the method of fishing specified in Column 2 of that Schedule is prohibited during the period specified in Column 3 of that Schedule next to the waters concerned.

[2]      Appendix, Schedule 3

Insert after Schedule 2:

Schedule 3 Other restrictions on areas of
operation

(Clause 11A)

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2 Column 3
Area affected Method of fishing Period
prohibited
Trial Bay South West Rocks
The whole of the waters within Any method involving the All year.
a 100 metre radius of any use of the following:
Maritime Authority of NSW (a) a purse seine net,
emergency buoy situated at or
near the following point at (b) a pilchard, anchovy
Trial Bay: 30°52.645′S, and bait net
153°03.175′E and
30°52.664′S, 153°03.106′E.
(hauling).

Narrabeen—Black Road Bait Ground

The whole of the waters known Any method involving the All year.
as the Black Road Bait Ground, use of a purse seine net.

enclosed by a line drawn east from the eastern extremity of North Narrabeen Head for a distance of approximately

1650 metres to the 30 fathom depth contour, then southerly along the 30 fathom depth

approximately 2650 metres
due east of South Narrabeen

contour to a point a line drawn west to that Club.

Clovelly Beach
The whole of the waters of Any method. All year.

Clovelly Beach (also known as Little Coogee Bay) westwards of a line drawn from the

easternmost point of the
headland at Clovelly Surf
Club, north to the easternmost
point of Shark Point.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Column 1 Column 2 Column 3
Area affected Method of fishing Period
prohibited
Port Hacking
The whole of the waters of that Any method. The period from 6am
part of Port Hacking north of a Saturday to 6am
line drawn from the southern Monday, or to 6pm
extremity of Hungry Point Monday if Monday is
north-easterly to a point on the a public holiday, in
northern foreshore of Port each week.
Hacking due south of the Bass On any weekday
and Flinders Memorial. (other than a Monday)
that is a public
holiday: the period
from 6am to 6pm.
Shell Harbour
The whole of the waters of that Any method. All year.
part of Shell Harbour
north-west of a line drawn
from the southern extremity of
the northern breakwater to the
eastern extremity of the
southern breakwater.
2.5 Fisheries Management (Ocean Trap and Line Share
Management Plan) Regulation 2006
[1] Appendix, clause 2 Definitions
Insert after clause 2 (2):
(3) In this Plan, longitude and latitude coordinates are in WGS84
datum, unless otherwise provided.

[2]      Appendix, Part 4B

Insert in appropriate order:

Part 4B Areas of operation

7H Restrictions on areas of operation

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Column 1 of Schedule 2 are waters in which the class of commercial fishing that consists of the method

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation

of fishing specified in Column 2 of that Schedule next to the
waters concerned is prohibited.

[3]      Appendix, clauses 9A and 9B

Insert after clause 9:

9A Taking of female spanner crab (seasonal restriction)

For the purposes of section 20 (2) of the Act, it is declared that the class of commercial fishing that consists of the taking of female spanner crab (Ranina ranina) from the waters of the fishery is prohibited during the period from 21 October in any year to 20 January in the following year (both dates inclusive).

9B Taking of male spanner crab (seasonal restriction)

For the purposes of section 20 (2) of the Act, it is declared that the class of commercial fishing that consists of the taking of male spanner crab (Ranina ranina) from the waters of the fishery is prohibited during the period from 21 November to 20 December in each year (both dates inclusive).

[4]      Appendix, clause 12D

Insert in appropriate order:

12D Bag limits for certain species

(1)

For the purposes of section 17 (1) of the Act, the daily limit of a species of fish described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person taking the fish falls within the class of endorsement holders specified next to the species in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.

(2)

For the purposes of section 18 (1) of the Act, the possession limit of fish of a species described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person in possession of that species of fish falls within the class of endorsement holders specified next to the species described in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.

(3)

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this Plan if the person charged

Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2

satisfies the court that the fish were lawfully taken from outside
the fishery.

[5]      Appendix, Schedules 2 and 3

Insert after Schedule 1:

Schedule 2 Restrictions on areas of operation

(Clause 7H)

Column 1 Column 2
Area affected Methods of fishing prohibited
Iluka—Woody Bay
The whole of the waters of Woody Bay Any method involving the use of a
enclosed by a line drawn from the broad fish trap.

arrow mark engraved in the rock at the north-easterly end of the Woody Head camping ground (29°21.890′S,

153°22.440′E), then in a northerly direction
for approximately 300 metres to the broad
arrow mark engraved in the rock labelled FD
near Seagull Hole (29°21.780′S,
153°22.430′E), then in a south-westerly direction to the Maritime Authority of NSW
navigation buoy (29°21.850′S,
153°22.274′E), then in a south-westerly direction to the post marked “NSWF” on the

foreshore (29°21.940′S, 153°22.260′E), then along the mean high water mark to the point of commencement.

Coffs Harbour Entrance
All waters within the following boundaries: Any method involving the use of a
Commencing at the northern extremity of the fish trap.
eastern breakwater (30°18.535′S, 
153°09.164′E) then northerly to position 30°18.200′S, 153°09.100′E, then easterly to
position 30°18.200′S, 153°09.500′E, then
153°09.500′E, then westerly to position southerly to position 30°18.800′S,

30°18.800′S, 153°09.100′E, then northerly to the point of commencement, but exclusive of all land area so enclosed.

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
Column 1 Column 2
Area affected Methods of fishing prohibited
Coffs Harbour—Harbour
The whole of the waters of Coffs Harbour, Any method involving the use of a
west of a line drawn from the northern fish trap.
extremity of the eastern breakwater
(30°18.535′S, 153°09.164′E), north to
Muttonbird Island, but exclusive of waters
enclosed by the following bearings:
30°18.400′S, 153°08.800′E
30°18.500′S, 153°08.800′E
30°18.500′S, 153°09.100′E
30°18.400′S, 153°09.100′E
Crowdy Head Boat Harbour
The whole of the waters of the boat harbour Any method involving the use of a
at Crowdy Head and the adjoining South fish trap.

Pacific Ocean up to a line drawn from the most northern extremity of the southern breakwater to the most western extremity of the northern breakwater, that part of the South Pacific Ocean extending 100 metres in a westerly direction from the abovementioned line, and also that part of the South Pacific Ocean extending 100 metres on the seaward side of the breakwaters of the Crowdy Head boat harbour from the beginning of the breakwaters to their extremities.

Bellambi Point
The whole of the waters adjacent to Bellambi Any method involving the use of a
Point from a line drawn from the fish trap.

northernmost point of the breakwater nearest to Bellambi Point boat ramp in a direction of 55 degrees north-easterly for a distance of

150 metres, then in a direction of 360 degrees due north for a distance of 85 metres to a line bearing 270 degrees due west for a distance of 280 metres, then in a direction of 180

degrees due south to the foreshore at the
mean high water mark, then along the
foreshore in a generally easterly direction to
the breakwater, then along the breakwater at
the mean high water mark to the point of
commencement.
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
Schedule 3 Bag limits

(Clause 12D)

Column 1 Column 2 Column 3 Column 4
Species of fish Daily limit and Fishers to Waters
possession whom bag limit
limit applies
Banded rockcod 15 kilograms Holders of a line Waters north of
(Epinephelus comprised of any fishing western latitude 29°15′S.
ergastularius), single species or a zone endorsement
Greeneye dogfish combination of who do not also
(Squalus blainvillei), species, whether hold a line fishing
Redfish (Centroberyx whole or gutted eastern zone
cynea), Large eyed and gilled. endorsement.
jobfish (Etelis
coruscans), Blue
warehou (Serioella
brama).
2.6 Fisheries Management (Ocean Trawl Share Management
Plan) Regulation 2006
[1] Appendix, clause 10C
Insert in appropriate order:
10C Bag limits for certain species

(1)

For the purposes of section 17 (1) of the Act, the daily limit of a species of fish described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person taking the fish falls within the class of endorsement holders specified next to the species in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.

(2)

For the purposes of section 18 (1) of the Act, the possession limit of fish of a species described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person in possession of that species of fish falls within the class of endorsement holders specified next to the species described in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.

2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
(3) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this Plan if the person charged satisfies the court that the fish were lawfully taken from outside the fishery.

[2]      Appendix, Schedule 3

Insert after Schedule 2:

Schedule 3 Bag limits

(Clause 10C)

Column 1 Column 2 Column 3 Column 4
Species of fish Daily limit and Fishers to Waters
possession whom bag limit
limit applies
Spanner crabs (ranina 10 kilograms (for All endorsement All waters.
ranina). fish taken or in holders.

possession on or after 21 October and on or before 20 January in each

year).
2.7 Fisheries Management (Supporting Plan) Regulation 2006
[1] Appendix, clause 13 Fish protected from commercial fishing
Omit clause 13 (2) and the Table to the clause. Insert instead:
(2) The Regulation specifies the fish that are protected from
commercial fishing under section 20 (1) of the Act.

Note. At present, the following fish are protected from commercial fishing under the Regulation:

(a) Groper, blue, brown or red,
(b) Tuna, southern bluefin,
(c) Marlin, black, blue or striped,
(d) Atlantic salmon,
(e) Australian bass,
(f) Catfish, eel-tailed,
(g) Freshwater crayfish (all species except for the common yabby),
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
(h) Perch, estuary, golden or silver,

(i)       Murray cod,

(j) Trout, brook, brown or rainbow.

[2]      Appendix, Schedule 1 Preservation of existing fishing closures

Omit the following from the Table to the Schedule.

GG No 135 of Commercial Fishing Catch Ocean Trawl
10.11.2006 at pages Limits for Deep Water Ocean Trap and Line
9540–9541 Species
GG No 55 of 16.5.2005 Southern Bluefin Tuna Estuary General
at page 1727 Estuary Prawn Trawl
Ocean Hauling
Ocean Trawl
Ocean Trap and Line
GG No 30 of 3.3.2006 at Bluefish (Girella cyanea) Estuary General
page 1082 Estuary Prawn Trawl
Ocean Hauling
Ocean Trawl
Ocean Trap and Line
GG No 135 of Invertebrates—Intertidal Estuary General
10.11.2006 at page 9542 Protected Areas County of
Cumberland
GG No 128 of Spanner crab fishery— Ocean Trap and Line
17.10.2005 at page 8837 Seasonal closure
GG No 160 of 1.10.2002 Lady Denman Heritage Estuary General
at page 8500 Complex Fish Enclosure—
Huskisson
GG No 147 of 17.9.2004 Nadgee River, Nadgee Lake, Estuary General
at pages 7576–7577 Merrica River and Little
Creek
GG No 21 of 6.2.2004 at Pipis—All Ocean Beaches Estuary General
page 429 of New South Wales
GG No 134 of 13.8.2004 Port Kembla Estuary General
at page 6566 Ocean Trawl
GG No 131 of 6.8.2004 Coffs Harbour Entrance, Ocean Trap and Line
at page 6422 Coffs Harbour and Coffs
Harbour Creek
GG No 135 of Crowdy Head Boat Harbour Ocean Trap and Line
10.11.2006 at page 9541
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
GG No 196 of Trial Bay South West Rocks Ocean Hauling
12.12.2003 at page Ocean Trawl
11213 Ocean Trap and Line
GG No 201 of 1.11.2002 Fishing closure—Woody Ocean Trap and Line
at page 9369 Bay
GG No 131 of 6.8.2004 Bellambi Point (Bellambi Ocean Trap and Line
at page 6423 Harbour)
GG No 131 of 6.8.2004 Shell Harbour Ocean Hauling
at page 6425
GG No 16 of 23.1.2004 Estuary General Fishery— Estuary General
at page 274 discard chutes
GG No 149 of 24.9.2004 Cudgera Creek, Cudgen Estuary General
at page 7703 Creek and Cudgen Lake
GG No 149 of 24.9.2004 Mooball Creek Estuary General
at page 7704
GG No 69 of 2.4.2004 at Richmond River—Tatham Estuary General
pages 1856–1857 Bridge to Norco Weir
GG No 163 of 4.10.2002 Evans River Estuary General
at page 8573 Ocean Hauling
GG No 149 of 24.9.2004 Jerusalum Creek Estuary General
at pages 7703–7704
GG No 147 of 17.9.2004 Lake Arragan Estuary General
at page 7578
GG No 149 of 24.9.2004 Boambee, Bonville and Pine Estuary General
at page 7702 Creeks
GG No 93 of 21.7.2006 Yarrahapinni Wetland Estuary General
at page 5799 Reserve
GG No 134 of 13.8.2004 Korogoro Creek, Hat Head Estuary General
at page 6565
GG No 135 of 30.8.2002 Fishing closure—Belmore Estuary General
at page 7694 River
GG No 131 of 6.8.2004 Killick or Crescent Head Estuary General
at page 6424 Creek Ocean Hauling
GG No 38 of 1.4.2005 at Khappinghat Creek— Estuary General
page 1003 County of Gloucester
GG No 135 of Smiths Lake, County of Estuary General
10.11.2006 at page 9548 Gloucester
Fisheries Management Legislation Amendment (Fishing Closures) 2008 No 521
Regulation 2008
Amendment of other Fisheries Management legislation Schedule 2
GG No 118 of 9.7.2004 Myall Lake, Myall River, Estuary General
at pages 5869–5870 Boolambayte Lake and
Boolambyte Creek
GG No 147 of 17.9.2004 Port Stephens and Estuary General
at pages 7579–7580 Tributaries
GG No 135 of Port Stephens and Estuary General
10.11.2006 at pages Tributaries—Set Mesh Nets
9545–9546
GG No 95 of 11.6.2004 Tuggerah Lakes (including Estuary General
at pages 3507–3509 Munmorah and Budgewoi
Lakes)
GG No 147 of 17.9.2004 Longneck Lagoon Estuary General
at page 7579
GG No 67 of 6.6.2005 at Black Road Bait Ground Ocean Hauling

page 1973

(ocean waters adjacent to North Narrabeen Beach)

GG No 135 of Clovelly Beach— Ocean Hauling
10.11.2006 at page 9540 Commercial Nets Ocean Trawl
GG No 147 of 17.9.2004 Port Hacking Estuary General
at pages 7583–7584 Ocean Hauling
GG No 114 of 18.7.2003 Pipis, Cockles and Estuary General
at page 7396 Whelks—Simpson’s Bay
Beach to Costens Point
GG No 133 of 23.8.2002 Wattamolla Lagoon Estuary General
at page 6453 Ocean Trap and Line
GG No 147 of 17.9.2004 Lake Illawarra (including Estuary General
at pages 7582–7583 Macquarie Rivulet)
GG No 131 of 6.8.2004 Minamurra River Estuary General
at page 6424
GG No 131 of 6.8.2004 Werri Creek Estuary General
at page 6425
GG No 131 of 6.8.2004 Crooked River Estuary General
at page 6421
GG No 19 of 30.1.2004 Moruya (or Deua) River and Estuary General
at pages 336–337 Tributaries, and Willija (or
‘Y’) Swamp at Moruya
Heads
GG No 149 of 24.9.2004 Coila Lake Estuary General
at page 7703
2008 No 521 Fisheries Management Legislation Amendment (Fishing Closures)
Regulation 2008
Schedule 2 Amendment of other Fisheries Management legislation
GG No 157 of 8.10.2004 Wallaga Lake Estuary General
at pages 7926–7928
GG No 149 of 24.9.2004 Cuttagee Lake and Little Estuary General
at page 7701 Lake
GG No 134 of 29.8.2003 Wapengo Lake Estuary General
at page 9076
GG No 147 of 17.9.2004 Wallagoot Lake Estuary General
at pages 7577–7578
GG No 147 of 17.9.2004 Sandy Beach Creek and Estuary General
at page 7577 Bournda Lagoon

[3]      Appendix, Schedule 3 Waters closed permanently to fishing

Omit “Waterways Authority” wherever occurring in the matter relating to
Clarence River.
Insert instead “Maritime Authority of NSW”.

BY AUTHORITY

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