Proclamation amending Act (2004-119) (NSW)
2004 No 119
New South Wales
Proclamation
under the
Fisheries Management Act 1994
JAMES JACOB SPIGELMAN, Lieutenant-Governor
I, the Honourable James Jacob Spigelman, Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and on the recommendation of the Minister for Agriculture and Fisheries, and in pursuance of section 42 of the Fisheries Management Act 1994, do, by this my Proclamation, amend Schedule 1 to that Act, with effect on 27 March 2004, as set out in Schedule 1 to this Proclamation.
Signed and sealed at Sydney, this 24th day of March 2004.
By His Excellency’s Command,
IAN MICHAEL MACDONALD, M.L.C.,
Minister for Agriculture and Fisheries
GOD SAVE THE QUEEN!
| Explanatory note |
Schedule 1 to the Fisheries Management Act 1994 specifies share management fisheries for the purposes of that Act. The object of this Proclamation is to amend that Schedule so as to convert the following fisheries from category 2 share management fisheries to category 1 share management fisheries:
| (a) | the ocean hauling fishery, |
| (b) | the ocean trap and line fishery, |
| (c) | the estuary general fishery, |
| Published in Gazette No 63 of 26 March 2004, page 1509 | Page 1 |
| 2004 No 119 | |
| 2004 No 119 | |
| Proclamation | |
| Explanatory note | |
| (d) | the estuary prawn trawl fishery. |
The Proclamation also creates a category 1 share management fishery called the ocean trawl fishery.
Descriptions of the fisheries are set out in Schedule 1 to this Proclamation.
2004 No 119
Proclamation
| Amendment of Fisheries Management Act 1994 | Schedule 1 |
| Schedule 1 | Amendment of Fisheries Management Act 1994 |
[1] Schedule 1 Share management fisheries
Insert in Part 1 after the description of the lobster fishery (clause 6):
6A Ocean trawl fishery
Description of fisheryThe ocean trawl fishery consists of the following:
(a)
the use of an otter trawl net (prawns) to take fish from any of the following waters
(i) inshore waters, (ii) offshore waters,
(iii) the waters of Coffs Harbour and Jervis Bay, (b)
the use of an otter trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland (other than the waters in which use of an otter trawl net (fish) is prohibited under the regulations under this Act).
6B
Ocean hauling fishery Description of fishery
(1)
The ocean hauling fishery consists of the use of a hauling net or purse seine net to take fish from any of the following waters:
(a)
ocean waters within 3 nautical miles of the natural coast line,
(b) the waters of Jervis Bay, (c) the waters of Coffs Harbour. (2)
The ocean hauling fishery extends to the use of any net by the method of hauling to take fish from any of the waters referred to in subclause (1).
2004 No 119
Proclamation
| Schedule 1 | Amendment of Fisheries Management Act 1994 |
6C Ocean trap and line fishery
Description of fishery
(1) The ocean trap and line fishery consists of the following:
(a) the use of a fish trap to take fish from ocean waters, (b)
the use of a line with hooks attached to take fish from ocean waters,
(c)
the use of a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from Korogoro Point (Hat Head).
(2) In this clause, ocean waters does not include the waters
within 3 nautical miles of:
(a) the high water mark on Lord Howe Island, or (b) Balls Pyramid.
6D Estuary general fishery
Description of fisheryThe estuary general fishery consists of:
(a)
the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and
(b)
the taking of fish from ocean beaches by the method of hand picking.
6E Estuary prawn trawl fishery
Description of fisheryThe estuary prawn trawl fishery consists of the use of an otter trawl net (prawns) to take fish from estuarine waters. [2] Schedule 1, Part 2
Omit the descriptions of the ocean hauling fishery, the ocean trap and line fishery, the estuary general fishery and the estuary prawn trawl fishery (clauses 9–12).
BY AUTHORITY
0
0
0