Fisheries Management Legislation Amendment (Fishing Gear) Regulation 2008 (NSW)
2008 No 522
New South Wales
Fisheries Management Legislation
Amendment (Fishing Gear) 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 principal object of this Regulation is to transfer certain fishing gear provisions from the Fisheries Management (General) Regulation 2002 into the individual share management plans, so that the share management plan for each fishery contains the provisions relating to the type of fishing gear that may be lawfully used and the conditions of its use that are relevant to that fishery.
This Regulation amends the following regulations:
| (a) | Fisheries Management (General) Regulation 2002, |
| (b) | Fisheries Management (Estuary General Share Management Plan) Regulation 2006, |
| (c) | Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006, |
| (d) | Fisheries Management (Lobster Share Management Plan) Regulation 2000, |
| (e) | Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006, |
| (f) | Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006, |
| (g) | Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006, |
| (h) | Fisheries Management (Supporting Plan) Regulation 2006. |
The principal amendments include the following:
| (a) | provision for the lawful use of square mesh codends for certain commercial prawn-catching gear, including the prawn net (hauling), the prawn net (set pocket) and the seine net (prawns) in the estuary general fishery and the otter trawl net (prawns) in the estuary prawn trawl fishery and the ocean trawl fishery, |
| Published in Gazette No 148 of 14 November 2008, page 11141 | Page 1 |
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| Fisheries Management Legislation Amendment (Fishing Gear) Regulation 2008 Explanatory note | |
| (b) | provision for the lawful use of various commercial nets in certain waters, where use is currently authorised only by permit, including provision for the use of the pilchard, anchovy and bait net (hauling) in parts of the Hawkesbury River, the prawn net (set pocket) in Lake Innes, the seine net (prawns) in Smiths Lake, and the seine net (prawns) by clover leafing in Wallis Lake, |
| (c) | modifications to the specifications and lawful conditions of use of certain nets and traps in various fisheries, |
| (d) | provision for the use and possession of knives, fish spikes and similar implements by commercial fishers on boats in fisheries, |
| (e) | provision for certain fishing closures under section 8 of the Fisheries Management Act 1994 (the Act) to prevail over share management plans, |
| (f) | prescribing certain offences under the Act and the Fisheries Management (General) Regulation 2002 as penalty notice offences and prescribing the penalties payable for those offences when dealt with by way of penalty notice, |
| (g) | increasing the penalties currently payable for certain penalty notice offences, |
| (h) | other minor and miscellaneous amendments. |
Until 1 January 2009, or such later date as may be determined by the Minister and advised to commercial fishers, it will continue to be lawful to use a net or trap in accordance with the requirements that were in force immediately before the commencement of this Regulation.
This Regulation is made under the Fisheries Management Act 1994, including sections 13, 15 (1), 20 (2), 23, 24 (1), 40, 68 (6A), 112 (2), 116, 205B, 276 (6), and 289 (the general regulation-making power).
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2008 Clause 1
Fisheries Management Legislation Amendment (Fishing
Gear) Regulation 2008
under the
Fisheries Management Act 1994
1 Name of Regulation
This Regulation is the Fisheries Management Legislation Amendment
(Fishing Gear) Regulation 2008.
2 Commencement
(1) This Regulation commences on the day it is published in the Gazette,
except as provided by subclause (2).(2) Schedule 1 [12] and [23] commence on 1 January 2009. 3 Amendment of Fisheries Management legislation
The Regulations specified in Schedules 1–8 are amended as set out in those Schedules.
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(Clause 3)
[1] Clause 3 Definitions
Insert in alphabetical order:
use, in relation to any fishing gear, includes set or lift the fishing
gear (whether or not the fishing gear is baited).
[2] Clause 20A Use of certain fishing gear prohibited in vicinity of critical habitat of grey nurse shark
Omit the clause.
[3] Part 3, Division 3
Insert after the heading:
Note. Under section 24 of the Act it is an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap.
[4] Clauses 25–28
Omit clauses 25–45. Insert instead:
25 Definitions In this Division:
body of a net means the netting that forms that part of the net
forward of the codend, including the wings, belly, and any
extension piece that may be inserted immediately forward of the
codend.
codend of a net means the piece of netting that forms the posterior
most part of the net where the catch accumulates.26 Nets used in share management fisheries
(1)
The nets specified in Column 1 of the Table to this clause may lawfully be used to take fish in the waters of the share management fisheries specified next to the net concerned in Column 2 of the Table to this clause.
(2)
The description of the net, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the management plan for the fishery concerned (including any requirements of a supporting plan that applies to the fishery).
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Table Nets used in share management fisheries
Column 1 Column 2 Net Share management fishery Bait net Estuary general Danish seine trawl net (fish) Ocean trawl Dip or scoop net (prawns) Estuary general Flathead net Estuary general Garfish net (bullringing) Estuary general Garfish net (hauling)
Estuary general Ocean hauling
Hand-hauled prawn net Estuary general Hauling net (general purpose)
Estuary general Ocean hauling
Hoop or lift net Estuary general Landing net Estuary general
Estuary prawn trawl
Ocean hauling
Ocean trap and line
Ocean trawl
LobsterMeshing net Estuary general Otter trawl net (fish) Ocean trawl Otter trawl net (prawns) Ocean trawl
Estuary prawn trawlPilchard, anchovy and bait net Estuary general (hauling) Ocean hauling Prawn net (hauling) Estuary general Prawn net (set pocket) Estuary general Prawn running net Estuary general Purse seine net Ocean hauling
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Column 1 Column 2 Net Share management fishery Push or scissors net Estuary general Seine net (prawns) Estuary general Spanner crab net Ocean trap and line Trumpeter whiting net (hauling) Estuary general Note. Some of these nets may also be used in restricted fisheries, as indicated in subsequent clauses, and by recreational fishers, as indicated in Division 4. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.
27 Otter trawl net (fish)—southern fish trawl fishery
(1)
It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of bottom trawling, (b)
no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),
(c)
mesh of net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),
(d)
any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,
(e)
mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),
(f)
the net is fitted with a bycatch reduction device of a kind approved by the Director-General and that device is fitted in accordance with any specifications issued by the Director-General and published in the Gazette.
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(2) An otter trawl net may have attached to it any of the following:
(a)
a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,
(b)
a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,
(c)
a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the effective mesh size of the meshes to less than required by this clause (and, in particular, the rope must not be connected so as to form a loop around the net (or codend) that has a circumference less than that part of the net when stretched transversely).
(3)
The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be more than 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Director-General and published in the Gazette.
(4)
For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—southern fish trawl fishery.
Table Otter trawl net (fish)
1 (a)
Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.
(b) Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not to exceed 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in
diameter; total length of net (length of head line between
end net hangings) not exceeding 60 metres.
28 Danish seine trawl net (fish)—southern fish trawl fishery
(1)
It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock
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lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the net is used only by the method of danish seining.
(2)
For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)— southern fish trawl fishery.
Table Danish seine trawl net (fish)
1 (a)
Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.
(b) Description of net—Mesh not less than 83 mm throughout.
[5] Clause 46 Application of Division
Omit “The nets”.
Insert instead “Subject to anything to the contrary in this Division, the nets”.[6] Clause 47 Spanner crab net
Omit clause 47 (1). Insert instead:
(1)
It is lawful for a person to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a)
not more than one spanner crab net is used by the person at any one time,
(b)
the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface.
(1A) This clause does not apply to or in respect of a commercial fisher taking spanner crabs for sale or a member of the crew of such a commercial fisher. [7] Clause 53 Landing net
Omit clause 53 (1). Insert instead:
(1)
It is lawful to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies
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with the description set out in relation to those waters in that
Table and the following conditions are complied with:
(a)
in the case of a net used by the holder of an endorsement in the southern fish trawl restricted fishery—the net is used only as an ancillary aid to another fishing method that it is lawful for the endorsement holder to use to take fish for sale in the waters concerned,
(b)
in any other case—the net is used only as an ancillary aid to a rod and line or handline.
(1A) This clause does not apply to or in respect of the holder of an endorsement in a share management fishery when taking fish for sale in that fishery. Note. See the Fisheries Management (Supporting Plan) Regulation 2006 in relation to the use of landing nets in share management fisheries. [8] Clause 53, Table
Omit “having mesh not less than 25 mm” from item 1 (b).
Insert instead “or other soft material”.[9] Part 3, Division 4A
Insert after Division 4:
Division 4A Other lawful nets
53A Beach safety meshing net
(1)
It is lawful for an officer of the Department or a person acting on behalf of the Director-General to use a beach safety meshing net for the purposes of shark meshing activities.
(2)
The meshing net may only be used as a sunk net. No part of the net (other than that used for the purposes of tagging) may be on the surface.
(3) The meshing net must comply with the following specifications:
(a) Floatline 150 metres of not less than 8 mm diameter, synthetic rope
with a breaking strain of not less than 900 kg.
(b) Leadline 150 metres of not less than 8 mm diameter, synthetic rope
with a breaking strain of not less than 900 kg.
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(c) Floats Gill net floats used must be of not less than 10 cm diameter and not less than 5 cm thickness, or a float of equivalent buoyancy approved by the Director-General and spaced at not more than 5 metre centres.
(d) Netting twine The twine must be continuous synthetic filament with a breaking strain of not less than 60 kg.
(e) Mesh size The mesh size must be not less than 50 cm nor more than 60 cm. To measure the mesh size the net is to be soaked in water for a period of not less than 5 minutes, then stretched out and the distance between the inside edges of the knots measured using a steel rule certified in accordance with the Trade Measurement Act 1989.
(f) Mesh depth The number of meshes for each mesh size must be as follows:
(i) 60 cm mesh—not less than 12 meshes deep, (ii) 55 cm mesh—not less than 13 meshes deep,
(iii) 50 cm mesh—not less than 14 meshes deep, so that the height is approximately 6 metres when set.
(4) Nets must be tagged at the surface with a minimum of 25 cm
bubbles and clearly marked “Beach Safety Meshing Net”.
[10] Clauses 54, 55 (2), (3) and Table and 56 (2)
Omit the provisions.
[11] Clause 58A Sorting of prawns caught in certain nets
Omit the clause.
[12] Clause 58B Prohibition on use of certain nets in vicinity of seagrass
Omit the clause.
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[13] Clause 59
Omit the clause. Insert instead:
59 Traps used in share management fisheries
(1) The traps specified in Column 1 of the Table to this clause may lawfully be used to take fish in the waters of the share management fisheries specified next to the trap concerned in Column 2 of the Table to this clause. (2) The description of the trap, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the management plan for the fishery concerned (including any requirements of a supporting plan that applies to the fishery).
Table Traps used in share management fisheries
Column 1 Column 2 Trap Share management fishery Fish trap Estuary general
Ocean trap and lineCommercial lobster trap Lobster
[14] Clause 61 Crab trap
Omit “displays “FL” followed by the commercial fishing licence number of the commercial fisher” from clause 61 (1) (a) (iv).
Insert instead “displays the registration number of the commercial fishing licence of the fisher”.
[15] Clause 66
Omit the clause. Insert instead:
66 Set lines and hand held lines
(1) A person must not for the purpose of taking fish in any waters
(other than inland waters):
(a) use more than 4 hand held lines, or (b)
use any hand held line with more than 3 hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure, or
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(c)
use any hand held line with a gang of hooks that comprises more than 5 hooks attached.
Maximum penalty: 100 penalty units.
(2) Subclause (1) (b) does not apply to a person who, for the purpose of taking fish in any ocean waters or estuarine waters, uses not more than 1 hand held line with not more than 6 hooks attached, if:
(a) a lure is fixed to each hook, and (b) the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging. (3) A person must not for the purpose of taking fish (other than
Atlantic salmon or trout) in any inland waters:
(a) use more than 2 hand held lines, or (b) use any line with more than 2 hooks or 3 treble hooks attached to a lure. Maximum penalty: 100 penalty units. (4) This clause does not apply in respect of the holder of an endorsement in any of the following fisheries, when the holder is taking fish for sale in that fishery:
(a) estuary general share management fishery, (b) ocean trap and line share management fishery. Note. The management plans for the above share management fisheries set out the relevant restrictions on use of lines. (5) In this clause:
gang of hooks means a group of hooks, each of which is attached
to, and in direct contact with, at least 1 other of those hooks.
hand held line means a rod and line or handline.Note 1. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act. Note 2. Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
[16] Clause 68 Drift lines
Omit clause 68 (1), (2) and the definition of gang of hooks in clause 68 (5).
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[17] Clause 69 Identification of set fishing gear
Omit clause 69 (2) (a) (i), (ii) and (iii). Insert instead:
(i) the registration number of the commercial fishing licence of the fisher, or
(ii) the letters “LFB” followed by the number indicated on the boat licence as the number of the licence, or
[18] Clause 79A Certain implements prohibited
Omit the clause.
[19] Clauses 79C and 79D
Insert after clause 79B:
79C Measuring length and mesh size of nets
(1)
For the purposes of testing or determining its length, a net must be measured along the cork line or head line of the net from the first hanging to the last hanging.
(2)
For the purposes of testing or determining the mesh size of a net that is described in this Part as being lawful (other than a net specified in the Table to this clause or a beach safety meshing net), the device described in subclause (3) must be used in the manner set out in subclause (4).
(3)
The device (which must be verified in such manner as the Director-General may determine) must comply with the following description:
(a)
it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,
(b) both members have attached a fixed knife edge, (c)
when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,
(d) a scale and a point is marked on both members. (4) The device must be used in the following manner:
(a)
the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,
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(b)
the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,
(c)
the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.
(5)
For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, the device described in subclause (3) must be used in the manner set out in subclause (4) except that:
(a)
the weight specified in relation to that net in that Table must be attached to the sliding member, and
(b)
the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.
(6)
In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.
(7)
The mesh size specified in respect of a lawful net in this Part is taken to be the mesh size, when determined in the manner and by the use of the measuring device, described in this clause.
Table Measuring length and mesh size of nets
1 (a) Nets—Hand-hauled prawn net, push or scissors net.
(b) Weight attached—1,585 grams.
2 (a)
Nets—Otter trawl net (fish)—southern fish trawl fishery, danish seine trawl net (fish)—southern fish trawl fishery.
(b) Weight attached—2,945 grams.
79D Measuring length and circumference of codend
(1)
For the purpose of testing or determining the length of a codend of a net, the codend must be measured from the draw or closing string in a straight line to the point of attachment to the body of the net (or extension piece).
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(2) For the purpose of testing or determining the circumference of the codend of a net, or the body of the net, the net must be measured with the codend or body stretched transversely.
[20] Part 5, Division 4 Measurement of fishing gear
Omit the Division.
[21] Clause 133O Approval of transfers by Director-General
Omit “endorsement or share” from clause 133O (2) (d).
Insert instead “endorsement, share or fishing business, or in respect of the fishing business to which the endorsement or share is to be transferred,”.
[22] Clauses 199–201
Insert after clause 198:
199 Boat capacity restrictions
(1)
For the purposes of section 112 (2) of the Act, it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the restricted fishery if the boat has a length exceeding the maximum boat length specified in Column 1 of the Table to this clause.
(2) The maximum boat length specified in Column 1 of the Table to
this clause does not apply in respect of a boat if:
(a)
it is exempted from the maximum boat length requirement in accordance with exemption criteria determined by the Director-General, and
(b)
that exemption is noted on the fishing boat licence for the boat by the Minister using a code of a kind specified in Column 2 of the Table to this clause.
(3)
In the case of a boat exempted as provided for by subclause (2), the maximum boat length is taken to be the maximum boat length specified in the fishing boat licence for the boat.
(4) For the purposes of this clause, the length of a boat is the length
noted on the fishing boat licence for that boat.
Table Boat capacity restrictions
Column 1 Column 2 Maximum boat length Exemption code 20 metres OT
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200 Use of fish spikes and other implements
(1)
An endorsement holder must not, while on board a boat being used to take fish in the restricted fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch:
(a) a knife, fish spike or similar implement, (b) a club or similar implement. (2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained. (3) It is a condition of an endorsement that the endorsement holder
does not contravene this clause.201 Waters closed to ocean trawling
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers by use of an otter trawl net (fish) or a danish seine trawl net (fish) is prohibited.
Table Waters closed to ocean trawling Port Kembla (Red Point to Windang Island)
The whole of the waters west of a line drawn from the most eastern
extremity of Red Point south to the most eastern extremity of WindangIsland.
Twofold Bay
The whole of the waters of Twofold Bay together with its bays and inlets west of a line drawn from Worang Point (North Head) southerly to Red Point (South Head).
Merimbula BayThe whole of the waters of Merimbula Bay together with its bays and inlets west of a line drawn from the eastern extremity of Long Point southerly to the easternmost extremity of Haycock Point.
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[23] Clause 339A
Omit the clause. Insert instead:
339A Activities harmful to marine vegetation (section 205B of the Act) For the purposes of section 205B of the Act, the use of any fishing method in waters that are over a bed of seagrass in a protected area, being a fishing method that is prohibited by or under the Act (excluding Division 4 of Part 7 of the Act), is a prescribed activity.
Note. A prescribed activity is presumed to be harmful to marine vegetation unless the person who carried out the activity establishes that no harm was caused by the activity.
[24] Part 11A, Division 1, heading
Omit “on”. Insert instead “in or near”.
[25] Clause 340B Restrictions on certain fishing
Omit clause 340B (1) and (2).
[26] Clause 340B (3)
Omit “or attempt to take” wherever occurring.
[27] Clause 340B (3) (c)
Omit “in any circumstances”.
[28] Clause 340B (3) (c1)
Insert after clause 340B (3) (c):
(c1) take fish by means of a set line, or
[29] Clause 340B, note
Insert at the end of the clause:
Note. Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
[30] Clause 340CA
Insert after clause 340C:
340CA Use of certain fishing gear prohibited in vicinity of critical habitat
of grey nurse shark
(1)
A person must not, in the vicinity of critical habitat of the grey nurse shark, take fish by means of a wire trace line or set line
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from a vessel that is anchored, moored or otherwise held
stationary.Maximum penalty: 100 penalty units.
(2) In this clause:
vicinity of critical habitat of the grey nurse shark means the
areas identified as buffer zones in the maps in Schedule 1A
showing the areas of critical habitat of the grey nurse shark.Note. The buffer zones are, generally, the areas within 800 metres of the critical habitat. However, the buffer zones do not all extend 800 metres in all directions—see, for example, the map relating to Little Broughton Island.
[31] Clause 414 Evidence in relation to fishing authorities
Omit the clause.
[32] Clause 434
Insert after clause 433:
434 Phasing-in of changes to fishing gear requirements made by Fisheries Management Legislation Amendment (Fishing Gear) Regulation 2008 Until 1 January 2009, or such later date as may be determined by the Minister and advised to commercial fishers, it continues to be lawful to use a net or a trap if it is used in accordance with the requirements of this Regulation, and the relevant management plan (if any) for the fishery in which the fishing gear is used, as in force immediately before the date the Fisheries Management Legislation Amendment (Fishing Gear) Regulation 2008 was published in the Gazette.
[33] Schedule 5 Penalty notice offences
Insert in appropriate order in Part 1:
Section 68 (6C) in relation to a contravention of a condition referred $200 to in clause 15 or 16 of the Ocean Hauling Share Management Plan
(as set out in the Fisheries Management (Ocean Hauling Share
Management Plan) Regulation 2006)
Section 68 (6C) in any other case $500 Section 70 (4B) $500 Section 112 (4) $500 Section 122A (3) $300
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Section 122A (4) $200 Section 127E (4) $300 Section 127E (5) $200 Section 127EB $300 [34] Schedule 5, Part 1
Omit “$200” wherever occurring from Column 2 in the matter relating to sections 104 (7) and 118 (7).
Insert instead “$500”.
[35] Schedule 5, Part 1
Omit “$300” from Column 2 in the matter relating to section 107 (1).
Insert instead “$500”.[36] Schedule 5, Part 1
Omit the matter relating to section 108 (7). Insert instead:
Section 108 (7) in relation to a contravention of a condition referred $200 to in clause 153 (1) (b), (c) or (j) of the Fisheries Management
(General) Regulation 2002
Section 108 (7) in any other case $500 [37] Schedule 5, Part 1
Omit the matter relating to sections 121 and 122. Insert instead:
Section 121 (4) $300 Section 121 (5) $200 Section 122 (4) $300 Section 122 (5) $200 Section 122 (6) $300 [38] Schedule 5, Part 2
Omit the matter relating to clauses 20A, 66, 68 (1) (a)–(d), (2) and 79A.
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[39] Schedule 5, Part 2
Insert in appropriate order:
Clause 66 (1) $500 Clause 66 (3) $500 Clause 133DA $200 Clause 280E (2) $300 Clause 280F (2) $200 Clause 280F (5) $200 Clause 340CA $500 [40] Schedule 5, Part 2
Omit “$200” from Column 2 in the matter relating to clause 133B.
Insert instead “$500”.[41] Schedule 5, Part 4
Omit the matter relating to Julian Rocks and Fly Point–Halifax Park.
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(Clause 3)
[1] Appendix, clause 2 Definitions
Insert in alphabetical order in clause 2 (1):
body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly, and any extension piece that may be inserted immediately forward of the codend.
codend of a net means the piece of netting that forms the posterior
most part of the net where the catch accumulates.
drift line means a line which is attached to a float, buoy or similardevice, not being a float, buoy or device which is:
(a) held in the hand or attached to fishing gear held in the hand, or (b) secured in any other manner which prevents it from drifting or floating freely. prohibited size class of fish means any species of fish referred to in Column 1 of Table 1 or Table 2 in Division 2 of Part 2 of the Fisheries Management (General) Regulation 2002.
set line means any line not held in the hand, or not attached to fishing gear held in the hand, which is used or intended to be used for the purpose of taking fish, but does not include a drift line.
use, in relation to any fishing gear, includes set or lift the fishing
gear (whether or not the fishing gear is baited).
[2] Appendix, clause 4 Regions of fishery
Insert after clause 4 (2) (before the Table):
(3) A reference to an estuary in the Table includes a reference to all creeks, rivers, lakes, lagoons and tributaries flowing into or from that estuary.
[3] Appendix, clause 4, Table
Omit “Lake Innes” and “Lake Cathie” from Column 3 (in the matter relating to North Coast—Region 3).
Insert instead “Lake Cathie (Lake Innes)”.
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[4] Appendix, clause 4, Table
Omit “Myall Lakes”, “Myall River” and “Lake Boolambayte” from Column 3
(in the matter relating to Central—Region 4).Insert instead “Myall Lakes (Myall River)”.
[5] Appendix, clause 4, Table
Omit “Port Stephens” and “Karuah River” from Column 3 of the Table (in the matter relating to Central—Region 4).
Insert instead “Port Stephens (Karuah River)”.
[6] Appendix, clause 4, Table
Omit “Pittwater” from Column 3 of the Table (in the matter relating to
Metropolitan—Region 5).[7] Appendix, clause 4, Table
Omit “Nerrindilah Creek” from Column 3 (in the matter relating to Upper
South Coast—Region 6).Insert instead “Nerrindillah Creek”.
[8] Appendix, clause 4, Table
Omit “Batemans Bay” from Column 3 (in the matter relating to Lower South
Coast—Region 7).Insert instead “Clyde River (Batemans Bay)”.
[9] Appendix, clause 4, Table
Omit “Candlagan Creek”, “Meringo River”, “Kianga Lake” and “Nangudga Lake” from Column 3 (in the matter relating to Lower South Coast— Region 7).
[10] Appendix, clause 6 Types of endorsement
Insert “, rod and line, set line or drift line” after “using a handline” in clause
6 (2).[11] Appendix, clause 6 (6) (a)
Insert “, and a try net (prawns) (but only to facilitate the use of the prawn net
(hauling))” after “prawn net (hauling)”.[12] Appendix, clause 6 (6) (d)
Insert “, and a try net (prawns) (but only to facilitate the use of the seine net
(prawns))” after “seine net (prawns)”.
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[13] Appendix, clause 13 Boat capacity restrictions
Omit “Subclause (1) does not apply in respect of an original boat” from clause
13 (2).Insert instead “The maximum boat length specified in Column 1 of the Table to this clause does not apply in respect of a boat”.
[14] Appendix, clause 13 (3)
Omit the subclause. Insert instead:
(3) In the case of a boat exempted as provided for by subclause (2), the maximum boat length is taken to be the maximum boat length specified in the fishing boat licence for the boat.
[15] Appendix, clause 14 Taking fish with the assistance of other persons
Insert “in the region concerned” after “assist the endorsement holder” in clause
14 (1).[16] Appendix, clause 14A
Insert after clause 14:
14A Sorting of prawns caught in certain nets
(1)
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the following steps are taken immediately after using a relevant net to take fish in the fishery:
(a)
any prawns caught in the net are graded immediately after the net is retrieved,
(b)
the unwanted portion of the catch is returned to the water, alive, as soon as practicable (and in any case before the cooking of the retained portion of the catch).
(2) In this clause, a relevant net means any of the following nets:
(a) dip or scoop net (prawns), (b) hand-hauled prawn net, (c) prawn net (hauling), (d) prawn net (hauling)—Manning River, (e) prawn net (hauling)—Wallis Lake, (f) prawn net (set pocket), (g) prawn running net, (h) push or scissors net (prawns),
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(i) seine net (prawns),
(j) seine net (prawns)—clover leafing.
[17] Appendix, Part 7
Re-number Part 7 as Part 8, and clauses 17 and 18 as clauses 36 and 37, respectively.
Insert before Part 8 (as so re-numbered):
Part 7 Fishing gear Note. Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
17 Hauling net (general purpose)
(1) It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking a permitted species of fish in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of hauling, (b) the net has a bunt, (c) the bunt of the net is in the centre of the net, (d) the net has 2 wings of equal length, (e) except as provided by paragraph (f), the length of each hauling line attached to the net does not exceed the total length of the net to which it is attached, (f) the length of each hauling line attached to the net does not exceed: (i) 725 metres in length in the waters of that part of Wallaga Lake extending upwards from the bridge and embankment on the Narooma–Bermagui Road, the Broadwater of the Clarence River, that part of Lake Cathie (Lake Innes) known as Lake Innes, Smiths Lake, those parts of Myall Lakes (Myall River) known as Myall Lake and the Broadwater of Myall Lakes and Lake Illawarra, or
(ii) 1,000 metres in length in the waters of Tuggerah Lakes and Wallis Lake (excluding Wollomba, Wallingat, Cooloongolok and Wang Wauk Rivers),
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(g) in the waters of any coastal lake or lagoon, the net is not landed by any method other than against a stake or back net (the total length of which does not exceed 50 metres with a mesh throughout of not less than 25 mm), (h) the hauling of the net once commenced (that is, when any part of the net other than the hauling line has been shot or cast) is continued without any interruption or delay until completed, (i) any fish contained in any part of the net are immediately removed on completion of the haul, or on removal of that part of the net from the water, whichever occurs first,
(j) the net is not used for taking garfish, (k)
the net is operated with the assistance of at least one other commercial fisher who holds a category one hauling endorsement or a handline and hauling crew endorsement for the region concerned,
(l)
in the case of a net of 500 metres or less in length used in the waters specified in item 1 or 2 of the Table to this clause under the authority of a category one hauling endorsement:
(i)
the net is hauled no more than once between midnight on one day and midnight on the immediately following day, and
(ii)
no more than one net of 500 metres or less in length is used by the holder of the endorsement during that period.
(2)
It is lawful for the holder of a handline and hauling crew endorsement to assist the holder of a category one hauling endorsement in the operation of a hauling net in accordance with this clause.
(3)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a hauling net (general purpose) or a hauling net (general purpose)—estuary general fishery.
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Table Hauling net (general purpose)
1 (a) Waters—Tuggerah Lakes; Wallis Lake (excluding
Wollomba, Wallingat, Cooloongolok and Wang Wauk
Rivers).(b) Description of net
500 metres; length of bunt not exceeding 90 metres or
one-quarter of the total length of the net (whichever is the
lesser) made up as follows: centre piece not exceeding—Total length not exceeding less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 57 mm; mesh of wings not less than 80 mm.
2 (a) Waters—That part of Wallaga Lake extending upwards
from the bridge and embankment on the
Narooma–Bermagui Road; that part of Clarence River
known as the Broadwater of the Clarence River; that part of
Lake Cathie (Lake Innes) known as Lake Innes; Smiths
Lake; those parts of Myall Lakes known as Myall Lake and
the Broadwater of Myall Lakes; Lake Illawarra.(b) Description of net
500 metres; length of bunt not exceeding 90 metres or
one-quarter of the total length of the net (whichever is the
lesser) made up as follows: centre piece not exceeding—Total length not exceeding less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 57 mm; mesh of wings not less than 80 mm.
3 (a) Waters—Those parts of the Tweed River known as
Terranora Broadwater and Cobaki Broadwater; Clarence
River; Lake Wollumboola; Coila Lake; Murrah Lake;
Wapengo Lake; Curalo Lake.(b) Description of net
450 metres; length of bunt not exceeding 90 metres or
one-quarter of the total length of the net (whichever is the
lesser) made up as follows: centre piece not exceeding—Total length not exceeding less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh of not less than 57 mm; mesh of wings not less than 80 mm.
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4 (a) Waters—All other waters specified in the Table to clause 4. (b) 375 metres; length of bunt not exceeding 90 metres or
one-quarter of the total length of the net (whichever is the
lesser) made up as follows: centre piece not exceedingDescription of net—Total length not exceeding less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 57 mm; mesh of wings not less than 80 mm. 18 Trumpeter whiting net (hauling)
(1)
It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking trumpeter whiting in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only as a sunk net, (b)
the net is used only by the method of hauling, that is, by casting and shooting the net and picking up and landing the whole of the net, including both hauling lines, without delay or interruption, or in the following manner:
(i)
the net and hauling lines attached to both ends of the net must be completely cast or shot from a boat,
(ii)
the net and hauling lines may be towed to the point of landing if the distance of the tow does not exceed the difference between the length of the hauling lines and 225 metres,
(c)
any fish contained in a part of the net are immediately removed from the net on completion of the haul, or on removal of that part of the net from the water, whichever occurs first.
(2)
It is lawful for the holder of a handline and hauling crew endorsement to assist the holder of a category one hauling endorsement in the operation of a hauling net in accordance with this clause.
(3)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a trumpeter whiting net (hauling).
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Table Trumpeter whiting net (hauling)
1 (a) a line drawn (along the eastern and southern side of the
Pindimar sanctuary zone and the eastern side of the
Soldiers Point habitat protection zone of Port Stephens—
Great Lakes Marine Park) from the mean high water mark
nearest to 32°41.252′S, 152°04.970′E, due south to theWaters—That part of Port Stephens (Karuah River) east of 32°41.421′S, 152°04.970′E, then due south to 32°41.682′S, 152°04.970′E, then due west to 32°41.682′S, 152°04.327′E, then due south to the mean high water mark and west of a line drawn from the south eastern extremity at Kangaroo Point nearest to 32°42.423′S, 152°04.327′E, of Orungall Point south east to the starboard navigation
then (along the western edge of the Corrie Island Sanctuary marker No 062 at or about 32°41.143′S, 152°07.203′E,Zone and the Dutchman’s beach habitat protection zone of Port Stephens–Great Lakes Marine Park), generally south to the starboard navigation marker No 064 at or about 32°41.736′S, 152°07.374′E, then generally south south east to starboard navigation marker No 015 at or about 32°42.273′S, 152°07.556′E, then south south east to the mean high water mark on the western side of Redpatch Point at or about 32°43.207′S, 152°07.786′E. (b) Description of net—Total length not exceeding than 65 mm, having a depth of not more than 50 meshes, length of bunt not exceeding 50 metres of mesh not less than 30 mm nor more than 40 mm; length of each hauling line not less than 100 metres nor more than 225 metres.
19 Garfish net (bullringing)
(1)
It is lawful for the holder of a category one or category two hauling endorsement to use a net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a)
the net is used only between 1 February and 30 November in any year,
(b)
the net is used only by the method of bullringing (that is, casting the net in a circle, then retrieving the net to the boat, both of which are to be completed as a continuous operation),
(c)
the length of any hauling line attached to the net does not exceed 25 metres.
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(2)
It is lawful for the holder of a handline and hauling crew endorsement to assist the holder of a category one or category two hauling endorsement in the operation of a hauling net in accordance with this clause.
(3)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (bullringing).
Table Garfish net (bullringing) 1 (a) Waters—Clarence River.
(b)
Description of net—Total length not exceeding 375 metres; mesh throughout not less than 28 mm nor more than 45 mm.
2 (a) Waters—Tuggerah Lakes.
(b)
Description of net—Total length not exceeding 550 metres; mesh throughout not less than 28 mm nor more than 36 mm.
3 (a) Waters—All other waters specified in the Table to clause 4.
(b) Description of net—Total length not exceeding 275 metres; mesh throughout not less than 28 mm nor more than 36 mm.
20 Garfish net (hauling)
(1)
It is lawful for the holder of a category one or category two hauling endorsement to use a hauling net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of hauling, (b) the net is deployed from, and hauled to, a beach. (2)
It is also lawful to use a hauling net for taking any other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking garfish.
(3)
It is lawful for the holder of a handline and hauling crew endorsement to assist the holder of a category one or category two hauling endorsement in the operation of a hauling net in accordance with this clause.
(4)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (hauling) or as a garfish net (hauling)—estuary general fishery.
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Table Garfish net (hauling) 1 (a)
Waters—That part of the Hawkesbury River known as Broken Bay from its confluence with the South Pacific Ocean upstream to a line drawn from Little Box Head to
Green Point, a line from the most easterly extremity of and a line northeasterly from Soldiers Point to Sand Point; that part of Port Stephens east of a line northerly from Corlett Point to Orungall Point (excluding those parts which include Wobbegong Bay, Wobbegong Creek, Pindimar Bay, Corrie Creek, Paddy Marr’s Bay and Myall River and its tributaries), generally north and northeast of a line from Orungall Point to a point being the south-western corner of Oyster Farm No 83–361, and a line from the last mentioned point to Myall Point.
(b) Description of net—Mesh of not less than 28 mm nor more than 36 mm; total length not exceeding 300 metres.
21 Prawn net (hauling)
(1)
It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of hauling, (b) the net is not set or staked at any time, (c)
the net is landed on the tray of a boat or in sufficient depth of water to enable prohibited size class of fish that are taken in the net to escape,
(d)
there is no seine net (prawns) on the boat from which the net is used,
(e)
there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).
(2) A draw or closing string and a secondary string may be attached
to the net in accordance with one of the following methods:
(a)
method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a
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draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b)
method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c)
method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used. (4) It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a prawn net (hauling) if the try net complies with the following description: The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.
(5)
It is also lawful to use a hauling net to take other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.
(6) For the purposes of this Plan or any other instrument under the
Act, a net described:
(a)
in subclause (1) or in the Table to this clause may be referred to as a prawn net (hauling), and
(b) in subclause (4) may be referred to as a try net (prawns).
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Table Prawn net (hauling) 1 (a) Waters—Tuggerah Lakes.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 140 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres.
2 (a) Waters—Lake Illawarra.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 140 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.
3 (a) Waters—Shoalhaven River.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 90 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.
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4 (a) Waters—Myall Lakes (Myall River) and Smiths Lake.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than
—Total length not exceeding 140 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.
5 (a) Waters—That part of Wallis Lake included within the
following boundaries: commencing at a post marked “FD”
situated at the high water mark of Pipers Bay (the post being
located by a line bearing 186 degrees from an electricity
pole numbered 14808, situated at the eastern end of Pipers
Bay Drive, Forster), then bounded by a line bearing
217 degrees to a second post marked “FD” situated at the
high water mark on the southern side of Big Island, then to
a third post marked “FD” situated at the high water mark of
Wallis Island, bearing 245 degrees from the second post,
then southerly, westerly and northerly along the high water
mark of Wallis Island to a jetty located on the western side
of Wallis Island, then westerly along the length of the jetty
to its end, then to a fourth post marked “FD”, situated at the
high water mark on the foreshore of Coomba Park, bearing
246 degrees and 30 minutes from the end of the jetty, then
generally southerly, easterly and northerly along the high
water mark of Wallis Lake to the point of commencement.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 140 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres.
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6 (a) Waters—Coila Lake and Wallaga Lake.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 75 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.
7 (a) Waters—Tweed River.
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 40 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.
8 (a)
Waters—All other waters specified in the Table to clause 4 (except the waters of the Manning River and Wallis Lake).
(b) Description of net
mesh of the body of the net (or that part of the net not
capable of being used as a codend) not less than 30 mm nor
more than 36 mm; codend of the net (or that part of the net
capable of being used as a codend) not less than 2 metres in
length with a circumference of not less than 1 metre nor
more than 1.6 metres; mesh of codend of net (or that part of
the net capable of being used as a codend) not less than—Total length not exceeding 40 metres; knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.
22 Prawn net (hauling): Manning River
(1)
It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the Manning River upstream
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from Ghinni Ghinni Creek and Berady Creek if the net (including hauling lines) complies with the description set out in subclause (2) and the conditions set out in this clause are complied with.
(2) The net must comply with the following description:
(a) the total length of the net must not exceed 40 metres, (b)
the mesh of the body of the net (or that part of the net not capable of being used as a codend) must not be less than 30 mm nor more than 36 mm,
(c)
the codend of the net, or that part of the net capable of being used as a codend, must have a length of not less than 2 metres and a circumference of not less than 1 metre nor more than 1.6 metres,
(d)
the mesh of the codend of the net, or that part of the net capable of being used as a codend, must be not less than 27 mm nor more than 32 mm, and be constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped,
(e)
there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (3) and (4),
(f)
the body of the net must have no attachments except spreader poles and hauling lines,
(g)
the hauling line run on the first leg to the net must not be longer than 220 metres,
(h)
the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 90 metres, and not be shorter than 60 metres,
(i)
a marker buoy with a diameter of not less than 100 mm must be fixed to the hauling line at intervals of 55 metres.
(3) A draw or closing string and a secondary string may be attached
to the net in accordance with one of the following methods:
(a)
method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
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(b)
method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c)
method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(4) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used. (5) The net must be used only by the method of hauling, and must not
be set or staked at any time.(6) The net must be shot and hauled as follows:
(a) one end of the hauling line run on the first leg (first rope shot) to the net must be attached to a stationary licensed fishing boat that: (i) does not have a motor on or in it, and
(ii) does not contain any rope other than the mooring line, the anchor line and a maximum of 220 metres of hauling line, and
(iii) is secured by an anchor (with the length of the anchor line not exceeding 50 metres) in such a position that both the boat and the anchor are at least 10 metres from the water’s edge (regardless of the tide) during the entire hauling operation,
(b)
the line must then be cast (or laid out) from a motor boat, and the net then shot,
(c)
the second hauling line must then be cast (or laid out) from the motor boat as the boat moves in a circular path so as to return to a landing-up point near the shore end of the first hauling line,
(d)
the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),
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(e)
the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else which would effectively shorten it,
(f)
once the shooting of the first hauling line of the net has commenced, the two hauling lines of the net must not be shortened or manipulated in any way so as to alter the shape of the haul (other than as a necessary part of the process of landing the net),
(g)
once any part of the net other than the hauling line has been shot or cast, the shooting and hauling operation is to be continued without interruption or delay until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish in the net to escape.
(7) The crew operating the net must consist only of persons who hold
a prawning endorsement for the region concerned.(8)
The net must be operated in accordance with the determination (if any) by the fisheries officer for the time being charged with the supervision of the waters in which the net is being used as to the number of holders of prawning endorsements that may constitute the crew operating the net.
(9) The entire hauling operation must take place at least 10 metres
from the water’s edge (regardless of the tide).(10) The hauling lines must not be towed by more than one boat at any
stage in the hauling operation.(11) A crew that uses a net must not operate more than one
mechanically powered boat in the Manning River.(12)
A crew that uses a net must not operate a mechanically powered boat within 50 metres of another endorsement holder who is taking prawns from the Manning River, except as provided by subclause (13).
(13)
A crew may operate a mechanically powered boat within 50 metres of another crew that is taking prawns from the Dawson River for the purpose of passing the other crew. The crew passing must pass the other crew as quickly as possible and must not assist the other crew.
(14)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Manning River.
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23 Prawn net (hauling): Wallis Lake
(1)
It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of hauling, (b)
there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).
(2) A draw or closing string and a secondary string may be attached
in accordance with one of the following methods:
(a)
method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b)
method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c)
method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3)
A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.
(4) The body of the net must have no attachments except spreader
poles and hauling lines.(5) The net must be shot and hauled as follows:
(a)
the end of the hauling line first shot (or laid out) must be attached to a stationary boat that is secured by an anchor or post during the entire haul operation,
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(b)
the line must then be shot (or laid out) from a motor boat, and the net then shot,
(c)
the second hauling line must then be shot (or laid out) from the motor boat as the boat moves in a circular path so as to return to the stationary boat from where the first hauling line was shot,
(d)
the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),
(e)
the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else that would effectively shorten it,
(f)
once the shooting and hauling of the net have commenced, the operation must continue until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish taken in the net to escape,
(g)
once any prohibited size class of fish have been allowed to escape, the net must be fully removed from the water.
(6)
There must be no motor in or on the boat from which the net is operated, and the boat must not contain any rope other than the mooring line and a maximum of 200 metres of hauling rope.
(7) The crew operating the net must consist only of persons who hold
a prawning endorsement for the region concerned.(8)
The net must be operated in accordance with the determination (if any) by the fisheries officer for the time being charged with the supervision of the waters in which the net is being used as to the number of holders of prawning endorsements that may constitute the crew operating the net.
(9)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Wallis Lake.
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Table Prawn net (hauling): Wallis Lake 1 (a) Waters—Those parts of Wallis Lake known as
Coolongolook and Wallingat Rivers upstream from a line
across the river from a post marked FD8 due north of the
eastern extremity of Junction Point, then due south to
Junction Point, then generally south by the western
foreshore of the Wallingat River to a post marked FD9, then
extending across the Wallingat River on a bearing of
87 degrees to a jetty situated on the north-western foreshore
of Lot 1, DP 589944.
(b)
Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres.
2 (a)
Waters—That part of Wallis Lake known as the Wallamba River from a line drawn from the northern foreshore of the entrance of Muddy Creek to the eastern extremity of
Hardy’s Point upstream to the Pacific Highway Road
Bridge at Nabiac.
(b)
Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres.
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24 Prawn net (set pocket)
(1)
It is lawful for the holder of a prawning endorsement to use a prawn net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions (in addition to those in subclause (3), if applicable) are complied with:
(a) the net is used only by the method of setting, (b) hauling lines are not attached to the net, (c)
the net must not be left unattended during the period it is set,
(d)
there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclause (2).
(2) A draw or closing string may be attached to the net in accordance
with one of the following methods:
(a)
method 1: (applicable if either a square shaped mesh codend or a diamond shaped mesh codend is used): a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b)
method 2: (applicable only if a square shaped mesh codend is used): a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c)
method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) If the net is used in the waters of the Clarence River, the
following additional conditions must be complied with:
(a)
the net must not be used in conjunction with a moored boat with the engine running unless the boat is licensed,
(b)
the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.
(4)
A commercial fisher cannot be prosecuted for both an offence against section 20 of the Act and an offence against a provision of Division 1 of Part 11A of the Fisheries Management (General) Regulation 2002 in respect of the same act or omission.
(5) In this clause:
gang of hooks means a group of hooks, each of which is attached
to, and in direct contact with, at least 1 other of those hooks.
hand held line means a rod and line or handline.
12C Restrictions applying in vicinity of critical habitat of grey nurse
shark
(1)
For the purposes of section 20 (2) of the Act, the class of commercial fishing that consists of the taking of fish in the vicinity of the critical habitat of the grey nurse shark by means of a prohibited method is prohibited.
(2) For the purposes of this clause, each of the following methods of
taking fish is a prohibited method:
(a) the use of more than 4 hand held lines, (b)
the use of any hand held line with more than 3 hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure,
(c)
the use of any hand held line with a gang of hooks that comprises more than 5 hooks attached,
(d) the use of a set line or a drift line, (e)
if on a vessel that is anchored, moored or otherwise held stationary, the use of a line with wire trace line.
(3) Subclause (2) (b) does not prevent a person from using not more
than 1 hand held line with not more than 6 hooks attached if:
(a) a lure is fixed to each hook, and (b)
the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.
(4)
A commercial fisher cannot be prosecuted for both an offence against section 20 of the Act and an offence against a provision of Division 1 of Part 11A of the Fisheries Management (General) Regulation 2002 in respect of the same act or omission.
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(5) In this clause:
gang of hooks means a group of hooks, each of which is attached
to, and in direct contact with, at least 1 other of those hooks.
hand held line means a rod and line or handline.
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(Clause 3)
[1] Appendix, clause 2 Definitions
Insert in alphabetical order in clause 2 (1):
body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly and any extension piece that may be inserted immediately forward of the codend.
codend of a net means the piece of netting that forms the posterior
most part of the net where the catch accumulates.
prohibited size class of fish means any species of fish referred to
in Column 1 of Table 1 or Table 2 in Division 2 of Part 2 of the
Fisheries Management (General) Regulation 2002.
[2] Appendix, clause 5 Types of endorsement
Insert “, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns)” after “inshore waters” in clause 5 (2).
[3] Appendix, clause 5 (4) and (6)
Insert “, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns)” after “depth contour” wherever occurring.
[4] Appendix, Part 4A
Insert after Part 4:
Part 4A Fishing gear
Note. Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
7A Otter trawl net (prawns)
(1)
It is lawful for the holder of an inshore prawn endorsement, an offshore prawn endorsement or a deepwater prawn endorsement to use an otter trawl net for taking prawns in the waters specified
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in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of trawling, (b)
no string, rope, wire, cord, netting or other material is fixed to any meshes that are within 25 meshes of the draw or closing string of the codend of the net, except as permitted by subclauses (2) and (3),
(c)
the net (or each net if more than one net is used) is fitted with a bycatch reduction device of a kind approved by the Director-General for use in the waters in which the net is used, and that device is fitted in accordance with any specifications approved by the Director-General and published in the Gazette (whether or not any other bycatch reduction devices are fitted to the net).
(2) A draw or closing string and a secondary string may be attached
to the net in accordance with one of the following methods:
(a)
method 1: a frill or panel of diamond shaped mesh (not less than 40 mm nor more than 50 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b)
method 2: a frill or panel of diamond shaped mesh (not less than 40 mm nor more than 50 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c)
method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) A chafing piece may be attached to the codend of the net if:
(a)
the width of the chafing piece does not exceed half the effective operating diameter of the codend, and
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(b)
the chafing piece is hung along the codend and is not attached in any manner to the codend other than at the top, and
(c) the mesh of the chafing piece is not less than 80 mm. (4) The codend of the net (or part of the net capable of being used as
a codend) must be:
(a) an all waters codend, or (b)
a deepwater prawn trawl codend (which is permitted only if the net is being used by the holder of a deepwater prawn endorsement taking fish pursuant to that endorsement), or
(c)
a school prawn codend (which is permitted only if the net is being used in waters designated as “school prawn grounds” by notice of the Director-General published in the Gazette).
(5) For the purposes of this clause, an all waters codend is a codend
that complies with the following description:
(a)
the mesh of the codend of the net (or part of the net capable of being used as a codend) is not less than 35 mm nor more than 45 mm, constructed of single twine knotless polyamide or polyethylene material not more than 3 mm in diameter and hung on the bar so that the meshes are square shaped,
(b)
the length of the codend is not less than 1 metre nor more than 3 metres with a circumference of not more than 2.5 metres.
(6)
For the purposes of this clause, a deepwater prawn trawl codend is a codend (or part of the net capable of being used as a codend) that has a mesh that is not less than 40 mm nor more than 50 mm and that does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend).
(7) For the purposes of this clause, a school prawn codend is a
codend that complies with the following description:
(a)
the mesh of the codend of the net (or the part of the net capable of being used as a codend) is not less than 29 mm nor more than 45 mm, constructed of single twine knotless polyamide or polyethylene material not more than 3 mm in diameter and hung on the bar so that the meshes are square shaped,
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(b)
the length of the codend is not less than 1 metre nor more than 3 metres with a circumference of not more than 2.5 metres.
(8) It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of an otter trawl net (prawns) if the try net complies with the following description: The net is a single net with a maximum total length of 4 metres; mesh of body of the net (or that part of the net not capable of being used as a codend) is not less than 40 mm nor more than 75 mm; mesh of the codend of the net (or that part of the net capable of being used as a codend) is not less than 35 mm nor more than 45 mm, constructed of single twine knotless polyamide or polyethylene material not more than 3 mm in diameter, and hung on the bar so that the meshes are square shaped; two otter boards each of which has an area no greater than 0.5 square metre.
(9)
It is also lawful to use an otter trawl net to take other fish that are taken by the net when it is being lawfully used for taking prawns, except the following fish:
(a) rock lobster, abalone or yellowtail kingfish, (b)
a prohibited size class of fish (other than crustaceans), when the net is being used in waters south of a line drawn due east of the lighthouse at Smoky Cape.
(10) For the purposes of this Plan or any other instrument under the
Act, a net described:
(a)
in subclause (1) or in the Table to this clause may be referred to as an otter trawl net (prawns) or an otter trawl net (prawns)—ocean trawl fishery, and
(b) in subclause (8) may be referred to as a try net (prawns).
Table Otter trawl net (prawns)
1 (a) Waters—Ocean waters that fall within the description of
the fishery.
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(b) Description of net
100 mm and fitted to separate the foot rope of the net from
the ground line or ground chain; no more than one line of
ground chain; ground chain with links not more than—Droppers with a minimum length of between end net hangings) not exceeding the maximum OPT head rope length specified on the boat licence for the boat from which the net is used or, if no length is so specified, not exceeding 60 metres (in the case of a net being used by the holder of a deepwater prawn endorsement taking fish pursuant to a deepwater prawn endorsement) or 33 metres (in any other case); mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 40 mm or more than 75 mm; codend of the net (or that part of the net capable of being used as a codend) complying with the requirements of this clause in relation to the waters concerned; sweeps secured to head line and otter board so that the distance between the point of attachment to the otter boards and the first hanging of the net does not exceed 5 metres or the distance from the trawl gallows to the stern of the boat (whichever is the greater).
7B Otter trawl net (fish)
(1)
It is lawful for the holder of a fish northern zone endorsement to use an otter trawl net for taking fish (other than prawns, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:
(a) the net is used only by the method of bottom trawling, (b)
no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),
(c)
mesh of net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),
(d)
any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,
(e)
rubber discs or rollers (also known as bobbin gear) are not fitted to the net while the net is being used in waters north of a line drawn due east from the Sugarloaf Point Lighthouse at Seal Rocks,
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(f)
mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),
(g)
the net is fitted with a bycatch reduction device of a kind approved by the Director-General and that device is fitted in accordance with any specifications approved by the Director-General and published in the Gazette.
(2) An otter trawl net may have attached to it any of the following:
(a)
a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,
(b)
a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string draw,
(c)
a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the effective mesh size of the meshes to less than required by this clause (and, in particular, the rope must not be connected so as to form a loop around the net (or codend) that has a circumference less than that part of the net when stretched transversely).
(3)
The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be between 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Director-General and published in the Gazette.
(4)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—ocean trawl fishery.
| Fisheries Management Legislation Amendment (Fishing Gear) Regulation | 2008 No 522 |
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Table Otter trawl net (fish)
1 (a) Waters—Ocean waters that are north of a line drawn due
east from Barrenjoey Head.(b) Description of net
sweeps (including bridles) not to exceed 274 metres—Mesh not less than 90 mm throughout; board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres.
7C Danish seine trawl net (fish)
(1)
It is lawful for the holder of a fish northern zone endorsement to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobster) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the net is used only by the method of danish seining.
(2)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)—ocean trawl fishery.
Table Danish seine trawl net (fish)
1 (a) Waters—Ocean waters that are north of a line drawn due
east from Barrenjoey Head.(b) Description of net—Mesh not less than 83 mm throughout.
[5] Appendix, clause 9 Boat capacity restrictions
Omit “Subclause (1) does not apply in respect of an original boat” from clause
9 (2).Insert instead “The maximum boat length specified in Column 1 of the Table to this clause does not apply in respect of a boat”.
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| Schedule 7 | Amendment of Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006 |
[6] Appendix, clause 9 (3)
Omit the subclause. Insert instead:
(3) In the case of a boat exempted as provided for by subclause (2), the maximum boat length is taken to be the maximum boat length specified in the fishing boat licence for the boat.
[7] Appendix, clauses 10A and 10B
Insert after clause 10:
10A Sorting of prawns caught in certain nets For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the following steps are taken immediately after using an otter trawl net (prawns) to take fish in the fishery:
(a)
any prawns caught in the net are graded immediately after the net is retrieved,
(b)
the unwanted portion of the catch is returned to the water, alive, as soon as practicable (and in any case before the cooking of the retained portion of the catch).
10B Use of fish spikes and other implements
(1)
An endorsement holder must not, while on board a boat being used to take fish in the fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch:
(a) a knife, fish spike or similar implement, (b) a club or similar implement. (2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained. (3) It is a condition of an endorsement that the endorsement holder
does not contravene this clause.
[8] Appendix, Schedule 2 Waters closed to ocean trawling
Omit “, otter trawl net (fish) and danish seine trawl net (fish)” from Column 2 in the matter relating to Port Kembla (Red Point to Windang Island).
[9] Appendix, Schedule 2
Omit the matter with the heading “Twofold Bay” and “Merimbula Bay” from
Columns 1, 2 and 3.
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[10] Appendix, Schedule 2
Insert at the end of Schedule 2 in Columns 1, 2 and 3, respectively:
Deep waters
Ocean waters that are east of the 1,100 metre Otter trawl net All year.
depth contour.
(prawns), otter trawl net (fish) and danish seine
trawl net (fish).
Reefs
All waters immediately above any part of the Otter trawl net All year. seabed that is comprised of hard rock or reef (prawns), otter (not including gravel). trawl net (fish)
and danish seine
trawl net (fish).
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(Clause 3)
[1] Appendix, clause 2 Definitions
Insert after clause 2 (2):
(2A) In this Plan, a reference to a share management plan is a reference
to a management plan for a share management fishery.[2] Appendix, Parts 5A and 5B
Insert after Part 5:
Part 5A Fishing gear
Note. The individual share management plans contain additional provisions relating to the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
11A Landing net
(1)
It is lawful for an endorsement holder in a fishery to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the net is used only as an ancillary aid to any fishing method that it is lawful for the endorsement holder to use to take fish in the waters of the fishery concerned.
(2)
For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a landing net.
Table Landing net
1 (a) Waters—Any waters. (b)
Description of net—Net consisting of a hoop or ring not exceeding 0.6 metre in its greatest diameter and which is attached to netting or other soft material.
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Part 5B General provisions relating to lawful use of
fishing gearNote. Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out general restrictions on the use of fishing gear in share management fisheries.
11B Application of this Part This Part applies in respect of the use of fishing gear in any share management fishery unless the management plan for the relevant share management fishery expressly authorises a departure from the provisions of this Part.
11C Relaying of hauling lines prohibited
(1) It is unlawful for a person, in the hauling of any net in any waters:
(a)
to relay the hauling lines, or either of them, from the point at which the casting of the net was commenced and finished, or
(b)
to adopt any means for extending the depth or length of a haul so as to embrace in the haul any area not included in the haul when the net and both hauling lines were first cast.
(2)
Subclause (1) applies whether or not the net is cast from the shore, a sand bar, a boat or from any device or thing or from any place.
11D Joining of nets
(1) It is unlawful for a person to use in any waters 2 or more nets
joined together for the purpose of taking fish.(2)
It is also unlawful for a person to use in any waters 2 or more nets for the purpose of taking fish, being nets that are joined or placed together side by side (either on the cork line or otherwise) in such a manner that the effective mesh or meshes of those combined nets are reduced to a size less than the minimum mesh or meshes described as lawful under the management plan for the relevant fishery.
11E Illegally reducing mesh size of nets
(1) It is unlawful for a person to use a net:
(a) in which any meshes are wholly or partly covered, or (b)
in which any string, rope, wire, cord, netting or other material is fixed to any meshes, or
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(c) in which any meshes (or any bars) are twisted, in any manner so as to reduce the effective mesh size of the meshes to less than that specified under the share management plan for a fishery as lawful.
(2)
This clause does not prevent the attachment of a chafing piece to the codend of an otter trawl net (prawns) in accordance with the share management plan for a fishery in which it may lawfully be used.
11F Monofilament and certain multi-strand nets prohibited It is unlawful for a person to use a net any mesh of which is constructed of synthetic material that comprises less than 7 strands.
11G Method of dragging or drawing nets It is unlawful for any person to drag or draw ashore any net containing fish in such a way or to such a distance from the water as to prevent prohibited size fish from escaping through the meshes or by the wings of the net into the water, or to allow such prohibited size fish to remain on the shore.
11H Measuring length and mesh size of nets
(1)
For the purposes of testing or determining its length, a net must be measured along the cork line or head line of the net from the first hanging to the last hanging.
(2)
For the purposes of testing or determining the mesh size of a net that is described in a management plan for a fishery as being lawful (other than a net specified in the Table to this clause) the device described in subclause (3) must be used in the manner set out in subclause (4).
(3)
The device (which must be verified in such manner as the Director-General may determine) must comply with the following description:
(a)
it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,
(b) both members have attached a fixed knife edge, (c)
when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,
(d) a scale and a point is marked on both members.
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(4) The device must be used in the following manner:
(a)
the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,
(b)
the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,
(c)
the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.
(5)
For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, the device described in subclause (3) must be used in the manner set out in subclause (4) except that:
(a)
the weight specified in relation to that net in that Table must be attached to the sliding member, and
(b)
the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.
(6)
In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.
(7)
The mesh size specified in respect of a lawful net in the management plan for a fishery is taken to be the mesh size, when determined in the manner and by the use of the measuring device, described in this clause.
Table Measuring length and mesh size of nets 1 (a)
Nets—Hauling net (general purpose)—estuary general fishery, hauling net (general purpose)—ocean hauling fishery, otter trawl net (prawns)—estuary prawn trawl fishery, otter trawl net (prawns)—ocean trawl fishery,
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prawn net (hauling), prawn net (set pocket), garfish net
(hauling)—estuary general fishery, garfish net (hauling)—
ocean hauling fishery, prawn running net, seine net
(prawns), hand-hauled prawn net, push or scissors net, try
net (prawns).
(b) Weight attached—1,585 grams.
2 (a) Nets—Otter trawl net (fish)—ocean trawl fishery, danish
seine trawl net (fish)—ocean trawl fishery.
(b) Weight attached—2,945 grams.
11I Measuring length and circumference of codend
(1) For the purpose of testing or determining the length of a codend of a net, the codend must be measured from the draw or closing string in a straight line to the point of attachment to the body of the net (or extension piece). (2) For the purpose of testing or determining the circumference of the codend of a net, or the body of the net, the net must be measured with the codend or body stretched transversely. [3] Appendix, clause 22 New fishing closures
Omit “prohibitions”. Insert instead “provisions”.
[4] Appendix, Schedule 2, Table
Omit “Prohibitions” from the heading of Column 1.
Insert instead “Provisions”.[5] Appendix, Schedule 2, Table
Insert in Columns 1 and 2, respectively:
Provisions that prohibit or restrict the use of Estuary General particular nets on or in the vicinity of Estuary Prawn Trawl seagrasses Ocean Hauling Provisions that prohibit or restrict the use of Ocean Trawl trawl nets on or in the vicinity of reefs
Provisions that prohibit or restrict the use of Ocean Trap and Line fish traps on or in the vicinity of waters
populated by juvenile snapper
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Provisions that prohibit or restrict the use of Estuary General particular nets or traps, or other fishing gear, Estuary Prawn Trawl to take fish or a specified class of fish because of a flood event, fish kills or a Ocean Hauling pollution event Ocean Trap and Line
Ocean TrawlProvisions that prohibit or restrict the use of Estuary General certain nets or traps, or other fishing gear, to Estuary Prawn Trawl take fish or a specified class of fish because of high levels of bycatch or incidental catch Ocean Trawl of small prawn Provisions that prohibit or restrict the use of Estuary General certain nets or traps, or other fishing gear, to Estuary Prawn Trawl take fish or a specified class of fish to prevent the spread of marine pest species (flora and Ocean Hauling piscifauna) and marine diseases Ocean Trawl
Ocean Trap and LineProvisions that prohibit or restrict the use of Estuary General certain nets or traps, or other fishing gear, to Estuary Prawn Trawl take fish or a specified class of fish in specified waters for marketing purposes or to Ocean Hauling ensure the continued viability of any part of Ocean Trawl the fishery Ocean Trap and Line
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