{"id":"fisheries-regulations-1992","name":"FISHERIES REGULATIONS 1992","slug":"fisheries-regulations-1992","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176842,"registerId":"nt-fisheries-regulations-1992-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"Possession, size and certain vessel limits for","content":"Division 2 Possession, size and certain vessel limits for\n46AA Definitions ...................................................................................... 34\n46AB Amateur possession limits – specified fish .................................... 35\n46AC Amateur possession limit – regulated molluscs and saltwater\nprawns ........................................................................................... 36\n46AD Amateur possession limit – maximum size for king threadfin in\nFish Management Zone ................................................................. 36\n46AE Amateur possession limit – minimum size for mangrove jack........ 36\n","sortOrder":0},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"General defence for Subdivisions 2 and 3","content":"Subdivision 4 General defence for Subdivisions 2 and 3\n46AF General defence for Subdivisions 2 and 3 ..................................... 37\n","sortOrder":1},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Other possession and certain vessel limits for","content":"Subdivision 5 Other possession and certain vessel limits for\n46AG Amateur possession limit – freshwater prawns and freshwater\ncrustaceans ................................................................................... 37\n46A Amateur possession limit – tropical rock lobster ............................ 39\n46B Amateur possession limits – general ............................................. 40\n46BAA Definitions ...................................................................................... 42\n46BAB Relationship with Division 2 ........................................................... 43\n46BAC Vessel possession limits – specified fish ....................................... 43\n46BAD Vessel possession limit – king threadfin in Fish Management\nZone .............................................................................................. 44\n46BA Molluscs generally to be retained in shell in the field ..................... 44\n46C Certain fillets to be kept separate .................................................. 45\n46D Amateur possession limits – swim bladders .................................. 45\n48 Time for application for renewal..................................................... 46\n\nFisheries Regulations 1992 iv\n49 Replacement licence or certificate ................................................. 46\n52 Taking fish for sale prohibited in Kakadu National Park ................ 46\n53 Nomination of mother boat ............................................................ 47\n54 Marking of vessel........................................................................... 47\n55 Marks to be removed from vessel which ceases to be\nregistered....................................................................................... 48\n56 Vessels used for commercial fishing and fishing tour\noperations ...................................................................................... 49\n57 Registration fees where more than one licence ............................. 49\n58 Sale and processing of fish............................................................ 49\n59 No processing for sale etc. without licence .................................... 50\n60 Processing surfaces etc. ............................................................... 50\n61 Packaging of fish ........................................................................... 51\n62 Labelling of fish.............................................................................. 51\n63 Incorrect description ...................................................................... 52\n64 Freezing......................................................................................... 52\n65 Transport of frozen fish .................................................................. 52\n66 Fish processing in Frances Bay Mooring Basin ............................. 53\n67 Definition........................................................................................ 53\n68 Criteria for grant or renewal of licence ........................................... 53\n69 Assistants ...................................................................................... 53\n70 Use of licensee's fishing gear by assistant .................................... 54\n71 Sale of fish ..................................................................................... 54\n72 No fishing for sale in vicinity of artificial reefs ................................ 55\n72A Prohibition or limit on taking tuna etc. as by-catch......................... 55\n73 Definitions ...................................................................................... 56\n74 Declaration of Coastal Line Fishery ............................................... 56\n77 Area of fishery ............................................................................... 56\n\nFisheries Regulations 1992 v\n77A CLF licence.................................................................................... 57\n78 Fishing gear ................................................................................... 57\n78A Certain fish not to be taken ............................................................ 58\nSubdivision 3 Fishery units, total allowable catch and quota\nunits in CLF Western Zone\n78B Fishery units generally ................................................................... 58\n78C Total number of fishery units ......................................................... 58\n78D Total allowable catch of black jewfish and golden snapper in\nCLF Western Zone ........................................................................ 59\n78E Quota units generally ..................................................................... 59\n78F Annual allocation of quota units ..................................................... 59\n78G Notice of intention to fish in CLF Western Zone ............................ 60\n78H Quota units to be held at start of voyage to CLF Western Zone .... 61\n78J No fish on vessel at start of voyage to CLF Western Zone ............ 61\n78K Fishing in CLF Western Zone limited to entitlement under\nquota units ..................................................................................... 62\n78L Restrictions apply during voyage to CLF Western Zone ................ 62\n78M Fish not to be moved between vessels .......................................... 62\n78N Unloading fish ................................................................................ 63\n78P Weighing fish ................................................................................. 63\n78Q Compulsory monitoring on notice .................................................. 64\n78R Application for transfer and approval by Director ........................... 64\n78S Effective date of transfer ................................................................ 64\n78T Sale or transfer of fishery units by Territory ................................... 65\n78U Allocation of fishery units or quota units ........................................ 65\n78V Transfer of fishery units or quota units .......................................... 65\n78W Cancellation of quota units ............................................................ 65\n79 Declaration of Coastal Net Fishery ................................................ 66\n80 Licence regions ............................................................................. 66\n81 Entry criteria .................................................................................. 66\n83 Area of fishery ............................................................................... 66\n84 Fishing gear ................................................................................... 67\n85 Certain fish not to be taken ............................................................ 67\n\nFisheries Regulations 1992 vi\n86 Declaration of Bait Net Fishery ...................................................... 67\n87 Entry criteria and number of licences ............................................ 67\n89 Area of fishery ............................................................................... 67\n90 Fishing gear ................................................................................... 68\n91 Certain fish not to be taken ............................................................ 68\nDivision 4 Spanish Mackerel Fishery\n92 Declaration of fishery ..................................................................... 68\n96 Definitions ...................................................................................... 68\n96A Declaration of Off-shore Net and Line Fishery............................... 70\n96B Area of fishery ............................................................................... 70\n96C Mackerel Management zones........................................................ 70\n96CA ONLF licence ................................................................................. 71\n96CB Grant of ONLF licence ................................................................... 71\n96CC Fishery units generally ................................................................... 71\n96CD Total number of fishery units ......................................................... 71\n96CE Total allowable catch ..................................................................... 72\n96CF Quota units generally ..................................................................... 72\n96CG Annual allocation of quota units ..................................................... 73\n96CH Additional allocation of quota units for undercatch ........................ 74\n96CI Overcatch ...................................................................................... 76\n96CJ Application for transfer and approval by Joint Authority................. 76\n96CK Effective date of transfer ................................................................ 77\n96CL Sale or transfer of fishery units by Territory ................................... 77\n96CM Allocation of fishery units or quota units ........................................ 77\n96CN Transfer of fishery units or quota units .......................................... 78\n96CO Cancellation of quota units ............................................................ 78\n\nFisheries Regulations 1992 vii\n96D Taking of fish ................................................................................. 78\n100 Fishing gear ................................................................................... 79\n100A Maintenance and operation of vessel monitoring system .............. 80\n100B Navigating in Grey Mackerel Management Zones ......................... 80\n100C Minimum quota units to be held at start of voyage ........................ 81\n100D No fishing under another licence during voyage ............................ 82\n100E Fish not to be moved between vessels .......................................... 83\n100F Processing at sea .......................................................................... 83\n100G Unloading fish ................................................................................ 84\n100H Weighing fish ................................................................................. 84\n100J Calibration of scales ...................................................................... 85\n100K Compulsory monitoring when certain gear on vessel .................... 85\n100L Compulsory monitoring in other circumstances ............................. 86\n100M Compulsory monitoring after offence committed or\ninfringement notice served............................................................. 87\n100N Compulsory monitoring on notice .................................................. 89\n100P Approved monitoring equipment .................................................... 89\n101 Definitions ...................................................................................... 90\n102 Declaration of Demersal Fishery ................................................... 90\n103 Area of fishery ............................................................................... 90\n104 DF licence...................................................................................... 92\n105 Grant of DF licence ........................................................................ 93\n106 Fishery units generally ................................................................... 93\n107 Total number of fishery units ......................................................... 93\n107A Total allowable catch ..................................................................... 94\n107B Quota units generally ..................................................................... 94\n107C Annual allocation of quota units ..................................................... 95\n107D Additional allocation of quota units for undercatch ........................ 96\n107E Notice of intention to fish ............................................................... 97\n107F Permitted fishing gear .................................................................... 98\n107G Use of cast net............................................................................... 98\n107H Use of restricted bait net ................................................................ 98\n107J Approval to use finfish trawl gear................................................... 98\n\nFisheries Regulations 1992 viii\n","sortOrder":2},{"sectionNumber":"107K","sectionType":"section","heading":"Use of finfish trawl gear or vessel with finfish trawl gear on","content":"107K Use of finfish trawl gear or vessel with finfish trawl gear on\nboard ............................................................................................. 99\n107KA Maintenance and operation of VMS ............................................ 100\n107L Minimum quota units to be held at start of voyage ...................... 101\n107M No fish on vessel at start of voyage ............................................. 102\n107N Fishing limited to entitlement under quota units........................... 102\n107P Certain fish not to be taken .......................................................... 102\n107Q No fishing under another licence during voyage .......................... 103\n107R Fish not to be moved between vessels ........................................ 103\n107S Fish not to be processed before unloading .................................. 103\n107T Prior landing notice ...................................................................... 103\n107U Unloading fish .............................................................................. 104\n107V Weighing fish ............................................................................... 104\n107W Unload notice............................................................................... 105\n107X Compulsory monitoring when certain gear on vessel .................. 105\n107Y Compulsory monitoring after offence committed or\ninfringement notice served........................................................... 106\n107Z Compulsory monitoring on notice ................................................ 108\n108 Application for transfer and approval by Joint Authority............... 108\n108A Effective date of transfer .............................................................. 109\n108B Sale or transfer of fishery units by Territory ................................. 109\n108C Allocation of fishery units or quota units ...................................... 109\n108D Transfer of fishery units or quota units ........................................ 110\n108E Cancellation of quota units .......................................................... 110\n109 Number of licences ...................................................................... 110\n110 Transfer of licence ....................................................................... 110\nDivision 8 Mud Crab Fishery\n111 Declaration of fishery ................................................................... 111\nDivision 9 Mollusc Fishery\n115 Declaration of fishery ................................................................... 111\n117 Definitions .................................................................................... 111\n\nFisheries Regulations 1992 ix\n118 Declaration of Pearl Oyster Fishery ............................................. 113\n119 Use and sale of pearl oysters ...................................................... 113\n120 Grant of licence ........................................................................... 113\n121 Renewal of licence ...................................................................... 114\n122 Transfer of licence ....................................................................... 114\n122A Number of pearl oysters that may be taken ................................. 114\n122B Method of taking pearl oysters..................................................... 115\n122C Total allowable catch ................................................................... 115\n122D Pearl oyster fishing units ............................................................. 115\n122E Allocation of pearl oyster fishing units ......................................... 116\n122F Transfer of pearl oyster fishing unit must be in accordance\nwith this Division .......................................................................... 116\n122G Application for transfer ................................................................. 116\n122H Director must approve or refuse application ................................ 117\n122J Commencement and duration of transfer .................................... 117\n122K Where units transferred to licensee ............................................. 117\n122L Where units transferred to person who intends to apply for\nlicence ......................................................................................... 118\n122M Licence revoked if minimum number of pearl culture units not\nheld after transfer ........................................................................ 118\n122N Transfer of pearl oysters .............................................................. 118\n122P Pearl oyster fishery dump sites.................................................... 118\n122Q Licensee must permit inspection of pearl oysters ........................ 119\n122R No unauthorised removal of pearl oysters ................................... 119\n129 Declaration of fishery ................................................................... 119\n130 Number of licences ...................................................................... 119\n131 Area of fishery ............................................................................. 119\n132 Purchase or sale of fish ............................................................... 119\n133 Fishing gear ................................................................................. 120\n\nFisheries Regulations 1992 x\n134 Declaration of fishery ................................................................... 120\n135 Number of licences ...................................................................... 120\n135A Transfer of licences ..................................................................... 120\n136 Area of fishery ............................................................................. 120\n137 Fishing gear ................................................................................. 121\n138 Licence required to trial gear or fishing methods ......................... 121\n139 Director may grant licence ........................................................... 121\n140 Period of licence &c. .................................................................... 121\n141 No transfer of licence ................................................................... 121\n141A Definitions .................................................................................... 122\n141B Declaration of Timor Reef Fishery ............................................... 122\n141C Area of fishery ............................................................................. 122\n141D TRF licence ................................................................................. 123\n141E Grant of TRF licence ................................................................... 123\n141F Fishery units generally ................................................................. 123\n141G Total number of fishery units ....................................................... 124\n141H Total allowable catch ................................................................... 124\n141J Quota units generally ................................................................... 124\n141JA Annual allocation of quota units ................................................... 125\n141JB Additional allocation of quota units for undercatch ...................... 126\n141JC Notice of intention to fish ............................................................. 127\n141JD Permitted fishing gear .................................................................. 128\n141JDA Maintenance and operation of VMS ............................................ 128\n141JE Minimum quota units to be held at start of voyage ...................... 128\n141JF No fish on vessel at start of voyage ............................................. 129\n141JG Fishing limited to entitlement under quota units........................... 129\n141JH Certain fish not to be taken .......................................................... 130\n141JI No fishing under another licence during voyage .......................... 130\n141JJ Fish not to be moved between vessels ........................................ 130\n141JK Fish not to be processed before unloading .................................. 130\n\nFisheries Regulations 1992 xi\n141JL Prior landing notice ...................................................................... 130\n141JM Unloading fish .............................................................................. 131\n141JN Weighing fish ............................................................................... 131\n141JO Unload notice............................................................................... 132\n141JP Compulsory monitoring when finfish long-line on vessel ............. 132\n141JQ Compulsory monitoring after offence committed or\ninfringement notice served........................................................... 133\n141JR Compulsory monitoring on notice ................................................ 135\n141JS Application for transfer and approval by Joint Authority............... 136\n141JT Effective date of transfer .............................................................. 136\n141JU Sale or transfer of fishery units by Territory ................................. 136\n141JV Allocation of fishery units or quota units ...................................... 137\n141JW Transfer of fishery units or quota units ........................................ 137\n141JX Cancellation of quota units .......................................................... 137\n141R Declaration of Jigging Fishery ..................................................... 137\n141S Entry criteria ................................................................................ 138\n141T Transfer of licence ....................................................................... 138\n141U Area of fishery ............................................................................. 138\n141W Fishing gear ................................................................................. 138\n141Y Certain fish not to be taken .......................................................... 138\n142 Application of Part ....................................................................... 138\n143 Criteria for grant or renewal ......................................................... 139\n144 Application ................................................................................... 139\n145 Place of processing ..................................................................... 139\n147 Sale of live fish to certain licensees prohibited ............................ 140\n148 Labelling of fish from aquaculture facility ..................................... 140\n149 Fish on premises deemed to be for sale ...................................... 140\n150 Fish Trader/Processor may process and resell ........................... 140\n151 Purchase of fish ........................................................................... 141\n152 Export of food .............................................................................. 141\n\nFisheries Regulations 1992 xii\n154 Sale of fish ................................................................................... 141\n155 Purchase of fish ........................................................................... 141\n156 Fish Broker licence ...................................................................... 142\n157 Sale of fish ................................................................................... 142\n158 Purchase of fish ........................................................................... 142\nDivision 5 Sale of fish from Demersal Fishery or Timor\nReef Fishery\n158A Sale of fish to licence holder ........................................................ 143\n160 Criteria for grant or renewal ......................................................... 143\n161 Application for licence .................................................................. 144\n162 Place of processing to be specified in licence ............................. 144\n163 Modification of aquaculture facility ............................................... 145\n165 Licence details to be displayed .................................................... 145\n166 Export of food .............................................................................. 145\n167 Freezer capacity .......................................................................... 145\n168 Broodstock ................................................................................... 145\n169 Labelling of fish etc. from aquaculture facility .............................. 146\n170 Activities authorised by Aquaculture licence ................................ 146\n171 Conditions of licence ................................................................... 146\n172 Licence conditional on construction ............................................. 147\n173 Possession of broodstock ............................................................ 148\n174 Sale of fish ................................................................................... 148\n175 Disposal of broodstock ................................................................ 149\n175A Activities authorised by Ornamental Aquaculture licence ............ 149\n175B Limit on size of aquaculture facility .............................................. 149\n175C Conditions of licence ................................................................... 149\n175D Possession of broodstock ............................................................ 150\n175E Sale of fish ................................................................................... 150\n175F Disposal of broodstock ................................................................ 151\n\nFisheries Regulations 1992 xiii\n176 Definitions .................................................................................... 151\n177 Grant of licence ........................................................................... 152\n178 Renewal of licence ...................................................................... 152\n179 Transfer of licence ....................................................................... 153\n180 Licence revoked if licensee not permitted to seed minimum\nnumber of pearl culture units ....................................................... 153\n181 Holding areas .............................................................................. 153\n181A Licensee must permit inspection of pearl oysters ........................ 153\n181B Cancellation, revocation or expiry of licence................................ 154\n182 Criteria for grant or renewal ......................................................... 155\n183 Application for licence .................................................................. 155\n184 Director may grant licence ........................................................... 155\n185 No transfer of licence ................................................................... 155\n186 Lapse of licence........................................................................... 156\n187 Licensee restrictions in relation to commercial fishing ................. 156\n188 Area of licence ............................................................................. 156\n189 Fishing gear ................................................................................. 156\n190 Conditions of licence ................................................................... 157\n191 To whom fish may be sold ........................................................... 157\n191A Limit on selling fish ...................................................................... 157\n192 Licence required for tour operator ............................................... 158\n193 Criteria for grant or renewal ......................................................... 158\n195 Area of fishery ............................................................................. 158\n196 Fishing gear ................................................................................. 158\n196A Licence does not authorise taking fish for sale ............................ 159\n198 Fish not to be traded .................................................................... 159\n199 Sale, purchase and exhibition of live fish and aquatic life ............ 159\n200 Place of trade to be set out in licence .......................................... 159\n201 Licence to be displayed ............................................................... 160\n201A Notification of exhibition ............................................................... 160\n\nFisheries Regulations 1992 xiv\n202 Taking, purchasing and exhibiting live fish and aquatic life ......... 160\n202A Fishing gear ................................................................................. 161\n203 Licence required for selling or repairing nets ............................... 161\n204 Places where net may be kept..................................................... 161\n205 Restrictions on sale and repair .................................................... 161\n205AA Classes of Fisheries Inspectors ................................................... 162\n205AB Powers of Fisheries Inspectors.................................................... 162\n205AC Additional powers of Fisheries Inspectors (Class 2) .................... 162\n205AD Fisheries Inspector to produce evidence of identity ..................... 164\n205A Infringement notice offences........................................................ 164\n206 Minister may prescribe fees ......................................................... 164\n207 NTSCI levy payable ..................................................................... 165\n208 Barramundi levy........................................................................... 166\n208A Timor Reef Fishery licence levy................................................... 166\n208B Demersal Fishery licence levy ..................................................... 167\n208C Pearl oyster licence levy .............................................................. 167\n208CA Off-shore Net and Line Fishery licence levy ................................ 167\n208D Vessel monitoring system levy .................................................... 168\n209 General offences ......................................................................... 168\n209A Application of Act to holders of certain permits under\nCommonwealth Act ..................................................................... 168\n209B Review of decisions made in relation to Joint Authority fishery ... 169\nPart 13 Repeals and transitional matters for\nRegulations No. 72 of 1992\n210 Repeal and savings ..................................................................... 170\nPart 14 Transitional matters for Fisheries\nAmendment (Off-Shore Net and Line\nFishery) Regulations 2005\n211 Definitions .................................................................................... 170\n212 Savings – Shark Fishery licence etc. ........................................... 170\n213 Savings – instruments ................................................................. 171\n\nFisheries Regulations 1992 xv\n","sortOrder":3},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Fisheries","content":"Part 15 Transitional matters for Fisheries\nAmendment (Pearl Oyster Fishery)\nRegulations 2006\n214 Application of amendment ........................................................... 171\n215 Savings – licensing year .............................................................. 171\nPart 16 Transitional matters for Fisheries\nAmendment (Timor Reef Fishery)\n216 Interpretation ............................................................................... 172\n217 Revocation of old licences ........................................................... 172\n218 Grant of TRF licences .................................................................. 172\n219 Allocation of fishery units ............................................................. 173\n220 Transfer of fishery units if TRF licence not granted ..................... 173\n221 Allocation of quota units in first licence year ................................ 173\nPart 17 Transitional matters for Fisheries\nAmendment (Demersal Fishery)\n222 Interpretation ............................................................................... 174\n223 Revocation of old licences and refund ......................................... 174\n224 Grant of DF licences .................................................................... 175\n225 Allocation of fishery units ............................................................. 175\n226 Transfer of fishery units if DF licence not granted ....................... 176\n227 Allocation of quota units in first licence year ................................ 176\nPart 18 Transitional matters for Fisheries\nAmendment (Coastal Line Fishery and\n228 Definitions .................................................................................... 176\n229 Restricted and unrestricted Coastal Line Fishery licences\nbecome CLF licences .................................................................. 177\n230 Allocation of fishery units to eligible CLF licences ....................... 177\n231 Allocation of quota units to eligible CLF licences ......................... 178\n232 Application of regulation 78F ....................................................... 178\nPart 19 Transitional matters for Fisheries\nAmendment (Off-shore Net and Line\n233 Interpretation ............................................................................... 178\n234 Revocation of old licences ........................................................... 179\n235 Grant of ONLF licences ............................................................... 179\n\nFisheries Regulations 1992 xvi\n236 Allocation of fishery units to eligible licences ............................... 179\n237 Allocation of quota units to ONLF licences .................................. 181\n238 Transfer of fishery units if ONLF licence not granted................... 182\nSchedule 2 Licence or permit for which fees are\npayable\nSchedule 3 Licence or permit for which levies are\npayable\nSchedule 5 Tuna or tuna like species in respect of\nwhich taking as by-catch is prohibited or\nlimited\n","sortOrder":4},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Species of fish or aquatic life for which","content":"Schedule 7 Species of fish or aquatic life for which\npermit to import may be granted\n\n____________________\nAs in force at 31 July 2024\n____________________\nFISHERIES REGULATIONS 1992\nRegulations under the Fisheries Act 1988\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Fisheries Regulations 1992.\n2 Commencement\nThese Regulations shall come into operation on 1 January 1993.\n3 Interpretation\n(1) In these Regulations:\nAboriginal Coastal licence means a licence granted in\naccordance with Part 11, Division 2.\nAboriginal Coastal licensee means the holder of an Aboriginal\nCoastal licence.\napproved monitoring equipment means fishing monitoring\nequipment approved in writing by the Joint Authority.\naquaculture facility means a lease or parcel of land or leases or\nparcels of adjacent land (whether or not covered by water) upon\nwhich an aquaculture operation is carried out.\nAquaculture licence means a licence granted for the purposes of\nPart 10, Division 2.\nAquaculture licensee means the holder of an Aquaculture licence.\n\nFisheries Regulations 1992 2\naquarium means a pond, tank or other container with a surface\narea not exceeding 10 m 2 used for keeping live fish or aquatic life,\nand used otherwise than for the purposes of aquaculture.\nAquarium Trader licence means a licence granted for the\npurposes of Part 11, Division 4.\nAquarium Trader licensee means the holder of an Aquarium\nTrader licence.\nassistant means a person who assists a licensee or an approved\noperator in the conduct of fishing operations.\nbait means fish, aquatic life, meat or other organic substance\ncapable of being used, or intended to be used, to entice fish or\naquatic life.\nbaitfish means any of the following:\n(a) fish of the family Mugilidae (commonly known as mullet);\n(b) fish of the family Hemiramphidae (commonly known as\ngarfish);\n(c) fish of the family Clupeidae or family Engraulidae (commonly\nknown as pilchards, herring and sardines);\n(d) fish of the family Sillaginidae (commonly known as whiting).\nbaitfish (Division 2), for Part 5, Division 2, see regulation 46AA.\nbarramundi means fish of the species Lates calcarifer.\nbaseline means the territorial sea baseline of the Territory declared\nunder the Seas and Submerged Lands Act 1973 (Cth) by\nProclamation published in Commonwealth Gazette No. S29 on\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"February 1983 (as amended).","content":"9 February 1983 (as amended).\nbillfish means fish of the family Istiophoridae (commonly known as\nbillfish).\nblack jewfish means fish of the species Protonibea diacanthus\n(commonly known as black jewfish).\nbream means fish of the genus Acanthopagrus (commonly known\nas bream).\nbroodstock means adult fish or aquatic life taken or used for\nbreeding in an aquaculture facility.\n\nFisheries Regulations 1992 3\ncephalopod means a mollusc of the class Cephalopoda which\nincludes, but is not limited to, the species commonly known as\ncuttlefish, octopus and squid.\nChief Inspector, see the Livestock Act 2008.\ncoastline means:\n(a) except in relation to the mouth of a river, an imaginary line\ndrawn along the coast at the Highest Astronomical Tide; or\n(b) in relation to the mouth of a river, an imaginary line,\ncontiguous with the adjacent coastline, drawn across the\nmouth of the river.\ncod means cod, grouper or any other fish of the genus\nEpinephelus, Cromiletpes or Cephalopholis.\ncombined Blacktip Shark, for Part 8, Division 5, see regulation 96.\ncombined fin fish group (by-product) species, for Part 8,\nDivision 5, see regulation 96.\ncombined other Shark group species, for Part 8, Division 5, see\nregulation 96.\ncombined Shark group, for Part 8, Division 5, see regulation 96.\ncommercial fishing licence means a licence relating to a fishery\nspecified in or referred to in Part 8.\ncommercial fishing licensee means a person who holds a\ncommercial fishing licence.\nCommittee means the Disease and Pest Control Committee\nestablished under regulation 19.\ncoral trout, for Part 5, Division 3, see regulation 46BAA.\ncrab, for Part 5, Division 2, see regulation 46AA.\nDaly River Fish Management Zone means the area described in\nSchedule 1AA.\nDarwin port means the Port of Darwin as defined in section 3 of\nthe Ports Management Act 2015.\nEastern Grey Mackerel Management Zone, for Part 8, Division 5,\nsee regulation 96C(2).\n\nFisheries Regulations 1992 4\nexotic means, in relation to fish or aquatic life, fish or aquatic life\nthat is not indigenous to the Territory.\nfillet means part or all of the body musculature of a fish extending\nfrom the base of its head to its tail.\nfin fish means fish of the Class Teleostei.\nfin fish length means the length of a fin fish from the tip of the\nsnout to the tip of the middle ray of the caudal fin while the fish is\nlying flat.\nFish Broker licence means a licence for the purposes of\nPart 9, Division 4.\nFish Broker licensee means the holder of a Fish Broker licence.\nFish Management Zone means the Daly River Fish Management\nZone or Mary River Fish Management Zone.\nFish Retailer licence means a licence for the purposes of\nPart 9, Division 3.\nFish Retailer licensee means the holder of a Fish Retailer licence.\nFish Trader/Processor licence means a licence for the purposes\nof Part 9, Division 2.\nFish Trader/Processor licensee means the holder of a Fish\nTrader/Processor licence.\nfishery unit, for Part 8, Division 5, see regulation 96CC(1).\nFishing Tour Operator licence means a licence for the purposes\nof Part 11, Division 3.\nFishing Tour Operator licensee means the holder of a Fishing\nTour Operator licence.\nfishing tour operation means an expedition organised for reward,\nfee or other valuable consideration, enabling people to engage in\namateur fishing.\nFood Standards Code means the Code adopted as a law of the\nTerritory by the Food Standards Regulations.\nfork length, of a king threadfin, means the length of the king\nthreadfin measured from the tip of the snout to the fork of the tail fin\nwhile the fish is lying flat on a measuring tape or measuring device.\nfreshwater crustacean means a freshwater prawn or redclaw.\n\nFisheries Regulations 1992 5\nfreshwater prawn means a crustacean of the genus\nMacrobrachium (commonly known as a freshwater prawn or\ncherabin).\ngoldband snapper means fish of the genus Pristipomoides\n(commonly known as goldband snapper).\ngolden snapper means fish of the species Lutjanus johnii\n(commonly known as golden snapper).\nGove port means the port at Gove Harbour bounded by an\nimaginary line extending between the co-ordinates 6820 E\n","sortOrder":6},{"sectionNumber":"86520","sectionType":"section","heading":"N, 6820 E 86470 N, 6860 E 86470 N and 6860 E 86520 N","content":"86520 N, 6820 E 86470 N, 6860 E 86470 N and 6860 E 86520 N\non Map Sheet Gove 6273.\nGrey Mackerel, for Part 8, Division 5, see regulation 96.\ngrouped fish means fish other than barramundi, goldband\nsnapper, king threadfin, red snapper, Spanish mackerel, shark and\nmud crab.\nhigh water mark means Highest Astronomical Tide.\nindigenous, in relation to fish or aquatic life, does not include the\nprogeny of an introduced species of fish or aquatic life.\nJoint Authority means the Northern Territory Fisheries Joint\nAuthority established under section 12D(1) of the Fisheries\nAct 1952 (Cth) (repealed) and continued in existence by\nsection 7(4)(a) of the Fisheries Legislation (Consequential\nProvisions) Act 1991 (Cth).\nking threadfin means fish of the species Polydactylus macrochir\n(commonly known as king threadfin).\nlicensing year means the year commencing on 1 July in a year\nand expiring with 30 June in the following year.\nlow water mark means Lowest Astronomical Tide.\nmackerel means fish of the genus Scomberomorus.\nmaking way means, in relation to a vessel, moving through water\nby the use of sails, motors, oars or other means of propulsion,\nincluding being towed by another vessel, but does not include\nmovement through water by the action of waves or tides alone.\nmangrove jack means fish of the species Lutjanus\nargentimaculatus (commonly known as mangrove jack).\n\nFisheries Regulations 1992 6\nMary River Fish Management Zone means the area described in\n","sortOrder":7},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"to the Barramundi Fishery Management Plan 1998.","content":"Schedule 3 to the Barramundi Fishery Management Plan 1998.\nmollusc means fish of the Phylum Mollusca.\nmother boat means the registered vessel nominated under\nregulation 53.\nmud crab means crabs, or parts of crabs, of the genus Scylla.\nNet licence means a licence granted for the purposes of\nPart 11, Division 5.\nNet licensee means the holder of a Net licence.\nno-take species, for Part 8, Division 5, see regulation 96D(3).\nnotifiable disease means a disease causing significant mortality or\npoor health in fish or aquatic life.\nOff-shore Net and Line Fishery area, for Part 8, Division 5, see\nregulation 96B(1).\nONLF licence, for Part 8, Division 5, see regulation 96.\nOrnamental Aquaculture licence means a licence granted for the\npurposes of Part 10, Division 2A.\nOrnamental Aquaculture licensee means the holder of an\nOrnamental Aquaculture licence.\npearl oyster means molluscs of the genus Pinctada.\nPearl Oyster Culture Industry licence means a licence granted\nfor the purposes of Part 10, Division 3.\npilchard, for Part 5, Division 2, see regulation 46AA.\nplace includes land, waters, buildings, vehicles and vessels.\nPublic Aquarium licence means a licence for the purposes of\nPart 11, Division 4A.\nPearl Oyster Culture Industry licensee means the holder of a\nPearl Oyster Culture licence.\nPublic Aquarium licensee means the holder of a Public Aquarium\nquota unit, for Part 8, Division 5, see regulation 96CF(1).\n\nFisheries Regulations 1992 7\nredclaw means a crustacean of the species Cherax\nquadricarinatus (commonly known as a redclaw).\nred emperor, for Part 5, Division 3, see regulation 46BAA.\nred snapper means fish of the species Lutjanus malabaricus or\nLutjanus erythropterus (commonly known as red snapper).\nred snapper (Division 2), for Part 5, Division 2, see\nregulation 46AA.\nregister, for Part 8, Division 5, see regulation 96.\nregulated mollusc means a mollusc that is not a cephalopod.\nrepealed Regulations means the Regulations repealed by\nregulation 210.\nriver closure line, in relation to a river specified in Schedule 5 of\nthe Barramundi Fishery Management Plan 1998 as in force from\ntime to time, means a straight line drawn between the co-ordinates\nspecified in that Schedule for that river.\nRussell's snapper, for Part 5, Division 3, see regulation 46BAA.\nsaltwater prawn, for Part 5, Division 2, see regulation 46AA.\nshark means fish of the Class Chondricthyes.\nshark (Division 2), for Part 5, Division 2, see regulation 46AA.\nsnapper means fish of the family Lutjanidae.\nSpanish mackerel means fish of the species Scomberomorus\ncommerson (commonly known as Spanish mackerel).\nspecies group:\n(a) for Part 8, Division 5, means any of the following:\n(i) combined Blacktip Shark;\n(ii) combined fin fish group (by-product) species;\n(iii) combined other Shark group species;\n(iv) combined Shark group;\n(v) Grey Mackerel;\n(vi) Spot-tail Shark; and\n\nFisheries Regulations 1992 8\n(b) for Part 8, Divisions 6 and 15, means any of the following:\n(i) goldband snapper;\n(ii) red snapper;\n(iii) grouped fish.\nSpot-tail Shark, for Part 8, Division 5, see regulation 96.\nstripey snapper, for Part 5, Division 3, see regulation 46BAA.\ntotal allowable catch, for Part 8, Division 5, see regulation 96CE.\ntrepang means fish of the Class Holothuroidea.\ntricky snapper, for Part 5, Division 3, see regulation 46BAA.\ntrunk means a fish from which the head has been removed.\ntuskfish, for Part 5, Division 3, see regulation 46BAA.\nunderwater breathing apparatus means artificial breathing\napparatus designed for use underwater, other than a snorkel.\nunder way means, in relation to a vessel, a vessel which is not:\n(a) aground; or\n(b) anchored (whether directly or indirectly); or\n(c) made fast to the shore.\nvessel, for Part 5, Division 3, see regulation 46BAA.\nvessel length means the length of a vessel measured in\naccordance with the Uniform Code as defined in section 7(1) of the\nMarine Act 1981.\nvoyage means the period between a vessel leaving a port,\npermanent camp site or approved anchorage and returning to a\nport, permanent camp site or approved anchorage, during which\ntime fishing under a licence has taken place.\nWestern Grey Mackerel Management Zone, for Part 8, Division 5,\nsee regulation 96C.\n(2) In these Regulations, a licence name specified by reference to a\nfishery means a licence granted in respect of the fishery to which\nthe licence name refers and a reference to a licensee specified by\nreference to a fishery means a person holding a licence in respect\n\nFisheries Regulations 1992 9\nof the fishery referred to.\n(3) If, under these Regulations, a point, line, area or relative position is\nto be calculated by reference to the coastline or an imaginary line\nalong the coastline (whether or not along a particular water line on\nthe coast) the coastline or imaginary line along the coastline is\ntaken to include:\n(a) in relation to a river specified in Schedule 5 of the Barramundi\nFishery Management Plan 1998 as in force from time to time,\nthe river closure line specified in that Schedule for that river;\nand\n(b) in relation to any other river, an imaginary straight line across\nthe mouth of the river calculated in the same manner as for\nthe calculation of the baseline for the purposes of the Seas\nand Submerged Lands Act 1973 (Cth) had all off-lying islands\nand historical bays and waters been ignored.\n(4) If the scientific name of a fish or aquatic life changes, a reference in\nthese Regulations to the scientific name must be read as including\nthe new scientific name of the fish or aquatic life.\n","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Definitions relating to gear","content":"4 Definitions relating to gear\nIn these Regulations:\namateur fishing gear means gear specified in regulation 46(1).\namateur drag net means a net that:\n(a) is made of twine that has a diameter of not less than 0.35 mm;\nand\n(b) has a mesh size of not more than 28 mm; and\n(c) does not exceed 16 m in length (excluding any attached haul\nlines); and\n(d) has a drop of not more than 2 m.\nNote for paragraph (a)\nTwine that has a diameter of not less than 0.35 mm is equivalent to 6 kg\nmonofilament fishing line.\nauto-baiting device means a device, through which fish hooks are\npassed, that assists in fixing baits to the hooks.\n\nFisheries Regulations 1992 10\nbait net means a net which:\n(a) is not longer than 300 m, excluding the length of any attached\n(b) has both pocket, if any, and net made of mesh not larger than\n65 mm; and\ncast net means a net which:\n(a) has a diameter not more than 6 m; and\n(b) is made of mesh not larger than 25 mm; and\n(c) has a drop of not more than 3 m when suspended from the\ncentre.\ncoastal net means a net which:\n(a) is not longer than 300 m, excluding the length of any attached\n(b) has both the pocket, if any, and net made of mesh not larger\nthan 65 mm; and\ncomplying freshwater pot means an enclosed pot that:\n(a) is designed to take freshwater crustaceans; and\n(b) is made of flexible net that:\n(i) is stretched over a metal frame; and\n(ii) has a mesh size of not less than 15 mm; and\n(c) has not more than 2 openings (excluding any opening for\nemptying crustaceans from the pot or placing bait in the pot);\nand\n(d) does not have metal or other rigid material protruding into the\nfunnel of the pot; and\n(e) does not exceed 70 cm in length or 50 cm in width or height;\nand\n\nFisheries Regulations 1992 11\n(f) has a turtle excluder device fitted to each opening (excluding\nany opening for emptying crustaceans from the pot or placing\nbait in the pot); and\n(g) does not have inside or attached to it material that is likely to\ncomplying marine pot means an enclosed pot that:\n(a) is designed to take mud crabs; and\n(b) has a volume of 0.5 m 3 or less; and\n(c) does not exceed 1 m in length, width or height; and\n(d) for a pot made from polyethylene mesh used for amateur\nfishing – has a minimum mesh size of 50 mm when\nstretched; and\n(e) has not more than 4 openings (excluding any opening for\nemptying mud crabs from the pot or placing bait in the pot);\nand\n(g) does not have inside or attached to it material that is likely to\ndemersal means on or near the sea bed.\ndemersal long-line means a main line anchored to the seabed at\nboth ends and at intervals along its length, to which hooks or\nbranch lines with hooks are attached.\ndilly pot means a pot that:\n(a) is made of flexible net that:\n(i) is stretched over one or more metal hoops that do not\nexceed 1 m in diameter; and\n(ii) has a mesh size of not less than 15 mm; and\n(iii) does not exceed 1 m in length; and\n(b) is constructed so that, when set, the sides collapse and the\nnet lies flat on the ground and is not capable of entangling fish\nor aquatic life; and\n(c) does not have attached to it material that is likely to entangle\nfish or aquatic life.\n\nFisheries Regulations 1992 12\ndrop, in relation to a net, means the distance between the head\nand foot ropes where the net is in normal operation or, if ropes are\nnot present, the positions in which they would be located if present.\ndrop line means a weighted line which has not less than 6 and not\nmore than 40 hooks attached.\nfinfish long-line means a main line that:\n(a) is weighted to the seabed at both ends; and\n(b) has finfish snoods, or branch lines with finfish snoods,\nattached to it.\nfinfish snood means a short length of unsheathed monofilament\nnylon or fluorocarbon material that:\n(a) has a diameter of not more than 2 mm; and\n(b) has a fish hook attached to it.\nfinfish trawl gear means a net:\n(a) which has a mesh size of more than 110 mm; and\n(b) the cod end of which is not covered by a double cod end liner;\nand\n(c) the total weight on the footline (including bobbin lines, chains,\nbridles and any other device weighing on the footline) of which\ndoes not exceed 4 kilograms wet weight in the air per linear\nmetre; and\n(d) the twine size in the forward half (including wing and belly\nsections) of which does not exceed 90 ply by 400 denier or the\nequivalent in other material types.\nfish-trap means a portable cage or part of a cage designed or\nintended to catch fish or which is capable of catching fish, that:\n(a) has a volume greater than 0.5 m 3; and\n(b) has an external structure made of wire, steel or other rigid\nmaterial or other approved material; and\n(c) does not have inside or attached to it material that is likely to\n\nFisheries Regulations 1992 13\nfixed fish-trap means a permanently positioned structure made of\nwire, steel or other rigid material which has a door at least 1 m 2 in\nthe seaward part of the lower third of the trap through which fish\nmay escape when the structure is not in use.\nfunnel, of a pot, means the opening and adjoined internal flute of\nthe pot that allows crustaceans to enter the pot.\ngill net means a net or part of a net (including any warp, rope,\nchain, material, device or thing used in conjunction with or attached\nto the net or part of the net) that:\n(a) has a mesh size greater than 65 mm; and\n(b) is used or is capable of being used to catch fish or aquatic life.\nhand spear means a spear propelled by human power without the\nuse of a device.\njigging gear means a line to which is attached one or more hooked\nrippers, being a device the stem of which is fitted with at least one,\nbut not more than 3, circles of upturned, barbless hooks.\nline includes a mono-filament, multi-filament, synthetic or natural\nfibre twine, material, wire, rope or chain.\nmesh means one of the open spaces of a net.\nmesh size, in relation to a net, means the distance between the\ninner edges of the knots of opposite corners of the mesh or, where\nthe mesh does not have knots, the inner edges of opposite corners\nof the mesh, measured with the mesh closed, as determined in\naccordance with regulation 6.\nmono-filament twine means one continuous length of fibre of\nsynthetic material that is not twisted but is suitable for use as a\ntwine.\nmulti-filament twine means:\n(a) fibres, made of synthetic or natural material, that are twisted\ntogether to form a filament, then twisted to form a strand; or\n(b) a combination of mono-filament twines twisted or knotted to\nform a continuous twine.\n\nFisheries Regulations 1992 14\nnet means a device made of twine forming a number of meshes\nused or designed to be used to catch or hold fish, whether or not\nlead ropes, floats, lead lines, anchors or leads are attached, but\ndoes not include a scoop net which is hand held and attached to a\nrigid hoop.\npelagic long-line means a main line that can be anchored and to\nwhich hooks or branchlines with hooks are attached.\npelagic net means a net:\n(a) constructed of twine not less than 0.9 mm diameter; and\n(b) with a mesh size of not less than 160 mm and not greater than\n185 mm; and\n(c) having a drop of not more than 100 meshes.\npocket means a structure, made of net and attached to or forming\npart of a net, in which fish may be collected.\npot means a portable device designed to act as a trap, or that may\nact as a trap, for crustaceans.\nregulated pot means a complying freshwater pot, complying\nmarine pot or dilly pot.\nrestricted bait net means a net which:\n(a) is not longer than 100 m, excluding the length of any attached\n(b) has both pocket, if any, and net made with a mesh 65 mm or\nless; and\nscoop net means a net, a landing net, a basket or other similar\ndevice with an attached handle, made of mesh attached to a frame\nand designed to be held in the hand at all times when in use for\nscooping fish from water.\nsnood means a short length of line that has a fish hook attached to\nit.\nspear-gun means a device used in underwater fishing to propel\nspears, arrows or other projectiles and includes propulsion by\nmeans of rubber (commonly known as an Hawaiian sling), bows,\ncompressed gas or explosive charges.\n\nFisheries Regulations 1992 15\ntraditional fish trap, for an Aboriginal Coastal licensee, means a\nstructure intended to catch fish, that:\n(a) is of a design traditionally used by members of the\ncommunity or group mentioned in regulation 183(a) of which\nthe licensee is a member; and\n(b) has walls leading to the holding area in the trap of not more\nthan 100m in length.\ntrammel net means a configuration of multi-panelled nets set one\nbehind the other, all or some or part of which are attached to the\nsame section of a headrope.\ntroll line means a line to which is attached only one of the\n(a) one hook;\n(b) one set of joined hooks attached to the one piece of bait;\n(c) one lure to which hooks may be attached.\nturtle excluding device means a rigid ring with an internal\ndiameter not greater than 90 mm.\ntwine means mono-filament or multi-filament twine.\nvertical line means a weighted line to which no more than 5 hooks\nare attached.\n","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"5 Application\n(1) These Regulations (including those regulations not contained in\nPart 8, Division 5, 6, 15 or 16), to the extent that they can apply,\nextend to and are taken to apply to each Joint Authority fishery to\nbe managed in accordance with the law of the Territory by the Joint\nAuthority.\n(2) These Regulations are, to the extent that they apply to a Joint\nAuthority fishery, made under section 70 of the Act.\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Determination of mesh size","content":"6 Determination of mesh size\n(1) Where a method for the determination of the mesh size of a net to\nbe used in a fishery is specified in the fishery management plan for\nthat fishery, that method is to be used.\n\nFisheries Regulations 1992 16\n(2) To determine the mesh size of finfish trawl gear, the following\nmethod is to be used:\n(a) immediately before the measurement is taken, the part of the\nnet to be measured is to be soaked in fresh or salt water for\nnot less than 5 minutes;\n(b) the part of the net to be measured is to be suspended\nvertically;\n(c) the distance between the surface of a knot and the surface of\nthe opposite knot in the same mesh or, in the case of a mesh\nwithout knots, the opposite corners of a mesh is to be\nmeasured by means of a device which has 2 arms, the upper\nof which is fixed and the lower of which:\n(i) is capable of moving freely in relation to the upper; and\n(ii) has a weight of 3170 grams acting on it;\n(d) the device is to be graduated so that the distance between the\nupper and lower arms of the device can be ascertained to the\nnearest millimetre;\n(e) the device is to be suspended so that the upper arm is in\ncontact with the top of the mesh being measured and the\nlower arm is free to move, allowing the weight acting on the\nlower arm to pull the mesh taut;\n(f) the measurement of the mesh is to be taken to be the average\nmeasurement of 10 meshes at least 30 cm from each other.\n(3) To determine the mesh size of a net to which neither\nsubregulation (1) nor (2) applies, the following method is to be\nused:\n(a) immediately before the measurement is taken, the part of the\nnet to be measured is to be soaked in fresh or salt water for\nnot less than 5 minutes;\n(b) a device graduated in millimetres is to be used to measure the\ndistance between opposite knots or, in the case of a mesh\nwithout knots, opposite corners of a mesh when the mesh is\nclosed;\n(c) the mesh is closed when the sides of the mesh are as close to\ntouching each other as practicable by the use of sufficient\ntension by hand or other means but without the use of such\ntension as to stretch the net material or the mesh past its\nnatural length;\n\nFisheries Regulations 1992 17\n(d) the measurement of the mesh is to be taken to be the average\nmeasurement of 10 meshes at least 30 cm from each other.\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Interference with fishing operation","content":"7 Interference with fishing operation\nA person shall not, without lawful authority:\n(a) interfere with a vessel or fishing gear being used for fishing; or\n(b) hinder or obstruct a person fishing.\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"No tethering of fish","content":"8 No tethering of fish\n(1) A person must not place or retain a fish on a tether after the fish\nhas been taken.\n(2) Subregulation (1) applies whether the fish is alive or dead.\nthe defendant proves the fish was at the defendant's place of\npermanent residence.\n9 Certain fish not to be taken or possessed\n(1) A person must not take or have possession of any of the following:\n(a) cod that is more than 1.2 m long;\n(b) northern river shark, or speartooth shark, of the genus\nGlyphis;\n(c) sawfish of the genus Pristis, but not including wide sawfish\n(Pristis pectinata);\n(d) molluscs of the family Tridacnidae (giant clam).\n(2) It is a defence to a charge of an offence against subregulation (1) if\nthe defendant proves the fish were taken or possessed under a\nlicence or permit.\n\nFisheries Regulations 1992 18\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Protected species not to be taken","content":"10 Protected species not to be taken\nA person shall not take, whether as by-catch or otherwise, fish or\naquatic life which is a protected species under the Territory Parks\nand Wildlife Conservation Act 1976.\n","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Fishing and other restrictions in protection areas","content":"10A Fishing and other restrictions in protection areas\n(1) A person commits an offence if the person engages in amateur\nfishing from an unregistered vessel in a protection area.\n(2) The holder of a specified licence commits an offence if a vessel\nregistered for the licence is used for fishing under the licence in a\nprotection area.\n(2A) Subregulation (2) does not apply to the holder of an Off-shore Net\nand Line Fishery licence in relation to a protection area if the\nDirector gives the holder written approval to use a vessel for fishing\nunder the licence in the protection area.\n(2B) An approval given to the holder of an Off-shore Net and Line\nFishery licence under subregulation (2A) is conditional on the\nholder ensuring that any restrictions specified in the approval\nrelating to the amount of any fish that may be taken in the\nprotection area are complied with.\n(2C) A person in control of an unregistered vessel commits an offence if:\n(a) there is any fish or amateur fishing gear on board the vessel;\nand\n(b) the vessel is in a protection area and is not under way and\nmaking way.\n(2D) The holder of a specified licence commits an offence if:\n(a) there is any fish or fishing gear on board a vessel registered\nfor the licence; and\n(b) the vessel is in a protection area and is not under way and\nmaking way.\n\nFisheries Regulations 1992 19\n(2E) Subregulation (2D) does not apply to the holder of an Off-shore Net\nand Line Fishery licence in relation to a protection area if the holder\nhas been given approval under subregulation (2A) in relation to that\narea.\nprotection area means each of the following:\n(a) the area described as the Melville Island Protection Area in\nSchedule 1AB, Part 1;\n(b) the area described as the Charles Point Protection Area in\nSchedule 1AB, Part 2;\n(c) the area described as the Howland Shoal and Emu Reef\nProtection Area in Schedule 1AB, Part 3;\n(d) the area described as the Lorna Shoal Protection Area in\nSchedule 1AB, Part 4;\n(e) the area described as the Bathurst Island Protection Area in\nSchedule 1AB, Part 5.\nspecified licence means:\n(a) a Coastal Line Fishery licence; or\n(b) a Coastal Net Fishery licence; or\n(c) an Off-shore Net and Line Fishery licence; or\n(d) a Fishing Tour Operator licence.\n","sortOrder":15},{"sectionNumber":"10B","sectionType":"section","heading":"Fishing in Tiwi Islands restriction zones","content":"10B Fishing in Tiwi Islands restriction zones\n(1) A person commits an offence if the person:\n(a) engages in fishing in a Tiwi Islands restriction zone; and\n(b) does not do so in accordance with the written permission of\nthe Tiwi Land Council.\nTiwi Islands restriction zone means:\n(a) the area described as the Melville Island, Nodlaw Island and\nKarslake Island Restriction Zone in Schedule 1AC, Part 1; or\n\nFisheries Regulations 1992 20\n(b) the area described as the Bathurst Island and Clift Island\nRestriction Zone in Schedule 1AC, Part 2.\nTiwi Land Council means the Tiwi Land Council established under\nthe Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Defence to taking of fish or aquatic life","content":"11 Defence to taking of fish or aquatic life\nIt is a defence to a charge of taking fish or aquatic life which the\ndefendant is not permitted to take if the defendant proves that the\nfish or aquatic life was, immediately after being taken, returned,\nwith as little injury to it as possible, to the water.\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Release of fish or aquatic life","content":"12 Release of fish or aquatic life\nA person may release live fish or aquatic life into a body of water\nwhich is not an aquarium only:\n(a) to return the fish or aquatic life to the water catchment from\nwhich it came; or\n(b) in accordance with a permit; or\n(c) in accordance with an Aquaculture licence or Pearl Oyster\nCulture Industry licence.\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Movement of fish or aquatic life","content":"13 Movement of fish or aquatic life\nA person (other than the holder of an Aquaculture licence or Pearl\nOyster Culture Industry licence who moves live fish or aquatic life in\naccordance with a licence) must not, without a permit under these\nRegulations, move live fish or aquatic life from a place within a\nwater catchment area and place them into a body of water (other\nthan an aquarium) within a different catchment area from which it is\npossible that water, live fish or aquatic life may escape into a\nnatural waterway.\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Impeding passage of fish or aquatic life","content":"14 Impeding passage of fish or aquatic life\nA person who constructs a dam or any other structure which may\nimpede the natural movement of fish or aquatic life downstream or\nupstream shall, where directed to do so by the Director, provide a\ndevice or a facility to permit the passage of fish or aquatic life\nthrough, over, under or around the dam or structure.\n\nDivision 2 Diseased and contaminated fish and noxious species\nFisheries Regulations 1992 21\nDivision 2 Diseased and contaminated fish and noxious\nspecies\n15 What is a noxious species\nFor the definition noxious species in section 4(1) of the Act, each\nfish or aquatic life specified in Schedule 1 is a noxious species.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition against taking diseased or contaminated fish or","content":"16 Prohibition against taking diseased or contaminated fish or\nnoxious species\n(1) The Director may, by Gazette notice, declare areas in which the\ntaking of fish or aquatic life of a particular species is prohibited\nbecause of:\n(a) the risk the species may pose, if consumed, to human health;\nor\n(b) the risk of the spread of contamination or disease to other fish\nor aquatic life in other areas.\n(2) The Director may, by Gazette notice, declare that:\n(a) the taking of any fish or aquatic life from an area specified in\nthe notice; or\n(b) the movement of any fish or aquatic life from an area specified\nin the notice to another area;\nis prohibited because of the risk of the spread of a noxious species\nto other areas.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Prohibition against movement and sale","content":"17 Prohibition against movement and sale\nA person must not:\n(a) move diseased or contaminated fish or aquatic life or a\nnoxious species from one place, water catchment or storage\nunit to another place, water catchment or storage unit; or\n(b) sell diseased or contaminated fish or aquatic life.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Destruction of fish or aquatic life","content":"18 Destruction of fish or aquatic life\n(1) The Director may destroy fish or aquatic life that the Director\nbelieves, on reasonable grounds, to be diseased or contaminated, if\nthe Director considers it necessary in order to prevent the spread of\ndisease or contamination.\n\nDivision 2 Diseased and contaminated fish and noxious species\nFisheries Regulations 1992 22\n(2) The Director may destroy fish or aquatic life if the Director believes,\non reasonable grounds, that it is necessary to prevent the spread of\na noxious species.\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Disease and Pest Control Committee","content":"19 Disease and Pest Control Committee\n(1) The Director may establish a Disease and Pest Control Committee\nto advise the Director on such issues, related to the prevention or\ncontrol of disease or noxious species or the prevention of the\nspread of disease or noxious species, as the Director thinks fit.\n(2) The Committee must consist of:\n(a) the Director, who must be the Chairperson; and\n(b) an employee in the department primarily responsible to the\nMinister for the administration of the Fisheries Act 1988\nnominated by the Director; and\n(c) the Chief Inspector or a person nominated by him or her; and\n(d) 3 persons appointed by the Director for such period, not\nexceeding 3 years, as is specified in the instrument of\nappointment.\n(3) At least one person appointed under subregulation (2)(d) must have\nthe experience and expertise to represent interests relating to\nfishing, fish and aquatic life on the Committee.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Procedure of Committee","content":"20 Procedure of Committee\n(1) The Chairperson must convene such meetings of the Committee as\nhe or she thinks fit.\n(2) The Committee must determine the procedure to be adopted at or\nin connection with a meeting of the Committee.\n(3) At a meeting of the Committee, 4 members, one of whom must be:\n(a) the Chairperson; or\n(b) the Chief Inspector or his or her nominee;\nconstitute a quorum.\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Declaration of control areas","content":"21 Declaration of control areas\nThe Director may, by Gazette notice, declare:\n(a) an area containing fish or aquatic life which have contracted a\nnotifiable disease to be a quarantine area; or\n\nFisheries Regulations 1992 23\n(b) an area containing fish or aquatic life considered by the\nCommittee to be at risk of contracting a notifiable disease to\nbe a protected area; or\n(c) an area containing a noxious species to be a restricted area.\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Regulation of control area","content":"22 Regulation of control area\nWhere an area has been declared to be a quarantine area, a\nprotected area or a restricted area under regulation 21, the Director\nmay:\n(a) regulate or prohibit all transportation of fish or aquatic life into,\nwithin or out of the area; and\n(b) regulate or prohibit the movement into, within or out of the\narea by people, vehicles, vessels or aircraft; and\n(c) nominate particular species of fish or aquatic life to which the\nnotice applies; and\n(d) where the area has been declared a quarantine area or a\nrestricted area – prohibit the release of water from an\naquaculture facility other than with the permission of the\n(e) order the treatment or destruction of diseased fish, aquatic life,\nfeed, contaminated equipment, water or other things which, in\nthe opinion of the Director, may transmit disease or a noxious\nspecies to areas outside the declared area.\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Notification of disease","content":"23 Notification of disease\nThe holder of a licence in respect of Part 10 shall, as soon as\npracticable after he or she observes symptoms of a notifiable\ndisease in an aquaculture facility operated under the licence, advise\nthe Director of the presence of the disease.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Permit required to trade in or release live exotic fish and","content":"25 Permit required to trade in or release live exotic fish and\naquatic life\nFor section 11(1)(f) of the Act, the following things are able to be\ndone only under a permit:\n(a) trade in live exotic fish or exotic aquatic life;\n(b) release an exotic fish or exotic aquatic life into a body of water\nother than an aquarium.\n\nFisheries Regulations 1992 24\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Permit to import live fish or aquatic life","content":"26 Permit to import live fish or aquatic life\n(1) An application for a permit to import live fish or aquatic life must be\naccompanied by a statement of the proposed method of treatment\nand disposal of the water in which the fish or aquatic life is\nimported.\n(1A) The Director may require an applicant for a permit to import live fish\nor aquatic life to be supported by a certificate attesting to:\n(a) the disease status of the fish or aquatic life; and\n(b) any treatment given to the fish or aquatic life.\n(1B) The certificate must be issued by one of the following persons, who\nmust have inspected the fish or aquatic life to which the certificate\nrefers:\n(a) for fish or aquatic life other than plant life – a veterinarian,\nhowever described, registered under the Veterinarians Act\n1994 or a similar Act of a State or another Territory;\n(b) for aquatic life that is plant life – an approved person.\n(2) The Director may only grant a permit to import live fish or aquatic\nlife if:\n(a) the fish or aquatic life is of a species that:\n(i) is indigenous to Australia; or\n(ii) is, under section 303EB of the Environment Protection\nand Biodiversity Conservation Act 1999 (Cth), taken to\nbe suitable for live import; or\n(iii) is specified in Schedule 7; and\n(b) in the Director's opinion:\n(i) there is no risk of disease to people, fish or aquatic life\nby the importation; and\n(ii) there is no risk of variation of the genetic composition or\ngenetic material of Territory fish or aquatic life by the\nimportation; and\n(iii) the fish or aquatic life to be imported will not adversely\naffect the diversity of genetic material within the\nTerritory; and\n\nFisheries Regulations 1992 25\n(iv) the fish or aquatic life will not present an unacceptable\nrisk of detriment to other fish or aquatic life in the\nTerritory.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Permit to import live fish or aquatic life to state certain matters","content":"28 Permit to import live fish or aquatic life to state certain matters\nA permit to import live fish or aquatic life must state:\n(a) the species of fish or aquatic life that may be imported; and\n(b) if the Director has required a certificate under\nregulation 26(1A):\n(i) the disease status of the fish or aquatic life, as\nevidenced by the certificate; and\n(ii) the approved treatment, prior to import, of the fish or\naquatic life; and\n(c) the permitted method of treatment and disposal of water used\nin the importation of the fish or aquatic life; and\n(d) if the Director thinks fit, details enabling the identification of the\nparticular stock of fish or aquatic life and the facility from which\nexport of fish or aquatic life is to occur; and\n(e) the permitted method of transport; and\n(f) the period during which the permit is valid.\nNote for regulation 28\nSection 14(3) of the Act requires the permit to state any conditions imposed by\nthe Director under section 14(1) of the Act.\n","sortOrder":31},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Priority species","content":"Division 3A Priority species\n28AA Fish of priority species\nFor section 40B of the Act, Schedule 8 specifies the prescribed fish\nof a priority species and their prescribed commercial quantity.\n","sortOrder":32},{"sectionNumber":"28A","sectionType":"section","heading":"Sighting of noxious species","content":"28A Sighting of noxious species\nA person who sees a fish or aquatic life that the person knows or\nsuspects to be a noxious species must, as soon as practicable:\n(a) report the sighting to the Director; and\n\nFisheries Regulations 1992 26\n(b) provide any other information about the sighting required by\nthe Director.\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Possession of fishing gear while taking fish for sale","content":"29 Possession of fishing gear while taking fish for sale\nA person taking fish for sale must not have possession of fishing\ngear other than:\n(a) fishing gear permitted by or under the Act for use by the\nperson when taking fish for sale; or\n(b) an item ancillary to the use of that gear.\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Gill net","content":"30 Gill net\nA person shall not have possession of or use a gill net unless the\nperson does so under and in accordance with a licence, permit or\nauthority granted or given by or under the Act.\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Abandoned or unattended gear","content":"31 Abandoned or unattended gear\n(1) A person must not abandon a net, fish-trap, fixed fish-trap, line or\npot.\n(2) A person is taken not to have abandoned fishing gear that is left\nunattended if:\n(a) in the case of gear which may be used for the purposes of\namateur fishing, it is left in a place where it is not capable or\nwill not become capable of taking fish or aquatic life; or\n(b) in the case of gear which may be used only under a licence, it\nis secured at an approved location or, if it is net, in accordance\nwith regulation 33.\n(3) Subregulation (1) does not apply to the holder of a Mud Crab\nFishery licence who abandons a pot in water.\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Float must be attached to fishing gear","content":"32 Float must be attached to fishing gear\n(1) Subregulation (2) applies to a person who is using any of the\nfollowing fishing gear:\n(a) a drop line or demersal long-line, other than a line attached to\na vessel;\n(b) a pot, other than a pot being used to fish for mud crabs;\n\nFisheries Regulations 1992 27\n(c) a fish-trap;\n(d) an amateur drag net.\nSee the Mud Crab Fishery Management Plan 2006 for requirements applicable to\npots used to fish for mud crabs.\n(2) The person commits an offence if at any time while the fishing gear\nis in use:\n(a) a complying float is not attached to the gear; or\n(b) the float is not above water level.\n(3) Subregulation (4) applies to a person using a net, other than an\namateur drag net, cast net or scoop net.\n(4) The person commits an offence if at any time while the net is in\nuse:\n(a) a complying float is not attached to the middle of the headrope\nof the net; and\n(b) a complying float is not attached to each end of the headrope\nof the net.\ncomplying float, for an item of fishing gear, means a float that:\n(a) if the gear is not being used under a licence – is at least\n80 mm in diameter and length; and\n(b) is marked legibly and indelibly with the following information,\nin a way that allows the information to be easily read when the\ngear is in use:\n(i) if the gear is being used under a licence – the licence\nnumber in Arabic numerals and no other numbers;\n(ii) otherwise – the first and last name of the person using\nthe gear.\nExample for paragraph (b)\nThe information may be marked by incising the float or by painting it with\nwaterproof paint.\n\nFisheries Regulations 1992 28\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Storage and disposal of net","content":"33 Storage and disposal of net\n(1) A person licensed to use net may transport net to and from places\nwhere it may lawfully be used or kept and must, when the net is not\nbeing used under the licence, keep it:\n(a) on a registered vessel used for the purposes of the licence; or\n(b) securely stored, without anchors attached, at an approved\ncamp site; or\n(c) secured at an approved location; or\n(d) secured at the licensee's permanent residence.\n(2) A person must, within 6 months after ceasing to hold a licence\npermitting possession of a bait net, a coastal net, a gill net, a\nrestricted bait net or a pelagic net, satisfy the Director as to:\n(a) its disposal to a person licensed to have possession of such\nnet; or\n(b) its destruction.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Amateur drag net","content":"34 Amateur drag net\nA person permitted to use an amateur drag net must not:\n(a) haul the net except by hand;\n(b) stake or otherwise fix the net;\n(c) use the net otherwise than seaward of the coastline; or\n(d) use the net, while catch is being cleared, except in water.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Bait net","content":"35 Bait net\nA person licensed to use a bait net shall not use the net if:\n(a) the total length of bait net used by the person is longer than\n300 m, excluding the length of any attached haul lines; or\n(b) the net is, while catch is being cleared, in less than 30 cm of\nwater.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Cast net","content":"36 Cast net\n(1) A person permitted to use a cast net shall not use the net unless it\nis attended at all times when in use.\n\nFisheries Regulations 1992 29\n(2) A person permitted to use a cast net shall not use the net otherwise\nthan by casting, throwing or dropping it.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Coastal net","content":"37 Coastal net\n(1) A person licensed to use a coastal net shall not use the net if the\ntotal length of net used by the person is longer than 300 m,\nexcluding the length of any attached haul lines.\n(2) A person permitted to use a coastal net shall not use the net unless\nit is attended at all times when in use.\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Drop line","content":"38 Drop line\nA person permitted to use a drop line shall not use it unless a\nweight is attached to the line and the line does not extend from a\nvessel under way and making way.\n","sortOrder":43},{"sectionNumber":"38A","sectionType":"section","heading":"Fish-trap","content":"38A Fish-trap\nA person must not use a fish-trap that is attached in any way to\nanother fish-trap to take fish.\n39 Pots\nA person must not use a pot other than a complying freshwater pot\nor dilly pot to fish for freshwater crustaceans.\nNote for regulation 39\nSee the Mud Crab Fishery Management Plan 2006 for pots that can be used to\nfish for mud crabs.\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Pelagic net","content":"40 Pelagic net\n(1) A person licensed to use a pelagic net shall not use the net unless:\n(a) it is set in such a way that no part of the net is on or within 2 m\nof the sea bed; and\n(b) not more than a total of 2 km of pelagic net is used at any\none time.\n(2) A person licensed to use a pelagic net must not have on a vessel\nused under the licence more than a total of 2 km of pelagic net that\nis fitted with floats, lead ropes, lead lines, lead weights or anchors.\n\nFisheries Regulations 1992 30\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Restricted bait net","content":"41 Restricted bait net\nA person licensed to use a restricted bait net must not do any of the\n(a) use the net if the total length of the net is longer than 100 m,\nexcluding the length of any attached haul lines;\n(b) haul the net other than by hand;\n(c) stake or otherwise fix the net at more than one end;\n(d) use the net other than seaward of the coastline from high\nwater mark to an imaginary line, following the coastline,\n3 nautical miles from the low water mark;\n(e) use the net, while catch is being cleared, in less than 30 cm of\nwater;\n(f) use the net in the Mary River Fish Management Zone;\n(g) use bait taken with the net other than as bait for the purposes\nof the licence under which the net is used.\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Scoop net","content":"42 Scoop net\nA person permitted to use a scoop net shall not use the net other\nthan by hand.\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Spear-gun","content":"43 Spear-gun\n(1) A person using any kind of underwater breathing apparatus must\nnot have possession of a spear-gun.\n(2) A person must not have possession of a loaded spear-gun:\n(a) other than in the open sea; or\n(b) where the person is within 150 m of another person who is not\npart of his or her group.\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Trammel net","content":"44 Trammel net\nA person shall not use or have possession of a trammel net unless\nauthorised to do so by the Director.\n\nFisheries Regulations 1992 31\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Vertical line","content":"45 Vertical line\nA person permitted to use vertical line shall not use it from a vessel\nunder way and making way.\nNotes for Part 5\n","sortOrder":50},{"sectionNumber":"1","sectionType":"section","heading":"In some places, amateur fishing may be prohibited or regulated by other laws","content":"1 In some places, amateur fishing may be prohibited or regulated by other laws\nin force in the Territory. For example:\n(a) amateur fishing is prohibited in the Doctors Gully Aquatic Life Reserve –\nsee the Doctors Gully Aquatic Life Reserve Management Plan 1993; and\n(b) additional restrictions apply to amateur fishing in the East Point Aquatic\nLife Reserve – see the East Point Aquatic Life Reserve Management\nPlan 1993.\n","sortOrder":51},{"sectionNumber":"2","sectionType":"section","heading":"For additional restrictions that apply to amateur fishing for barramundi,","content":"2 For additional restrictions that apply to amateur fishing for barramundi,\nSpanish mackerel and mud crabs, see the Barramundi Fishery Management\nPlan 1998, Spanish Mackerel Fishery Management Plan 2004 and Mud Crab\nFishery Management Plan 2006.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Amateur fishing gear","content":"46 Amateur fishing gear\n(1) A person engaged in amateur fishing must not use or have\npossession of fishing gear other than the following items or an item\nancillary to the use of the gear:\n(a) vertical line, as hand line or rod and reel;\n(b) float line;\n(c) troll line;\n(d) complying freshwater pot;\n(e) complying marine pot;\n(f) dilly pot;\n(g) amateur drag net\n(h) cast net;\n(i) scoop net;\n(j) bow and arrow other than crossbow;\n(ja) spear-gun;\n\nFisheries Regulations 1992 32\n(k) gaff (including hand-held hook);\n(l) hand spear;\n(m) knife.\n(2) A person must not engage in amateur fishing on a registered\nvessel, other than a vessel registered for the purposes of a Fishing\nTour Operator licence or an Aboriginal Coastal licence.\n(3) A person engaged in amateur fishing must not take fish when using\nunderwater breathing apparatus.\n46AAA Limit on number of pots in use\n(1) A person must not use more than 5 pots when engaging in amateur\nfishing for freshwater crustaceans outside the Daly River Fish\nManagement Zone.\n(2) A person must not use more than 3 pots when engaging in amateur\nfishing for freshwater crustaceans in the Daly River Fish\nManagement Zone.\nNote for regulation 46AAA\nSee the Mud Crab Fishery Management Plan 2006 for the number of pots that\nmay be used by a person engaged in amateur fishing for mud crabs.\n46AAB Limit on number of pots in possession\n(1) A person who is outside the Daly River Fish Management Zone\ncommits an offence if at any time the person has possession of:\n(a) a total of more than 10 regulated pots; or\n(b) more than 5 complying freshwater pots; or\n(c) more than 5 complying marine pots.\n\nFisheries Regulations 1992 33\n(2) A person who is in the Daly River Fish Management Zone commits\nan offence if at any time the person has possession of:\n(a) a total of more than 8 regulated pots; or\n(b) more than 3 complying freshwater pots; or\n(c) more than 5 complying marine pots.\n(3) Subregulations (1) and (2) do not apply to a person who is on a\nvessel if there are one or more other persons on the vessel.\n(4) It is a defence to a charge of an offence against subregulation (1)\nor (2) if the defendant proves:\n(a) any excess pots were at the defendant's place of permanent\nresidence; or\n(b) the defendant was permitted to have possession of any\nexcess pots under a licence.\n46AAC Vessel limit for pots\n(1) This regulation applies to a vessel, other than a registered vessel,\non which there are 2 or more people.\n(2) Each person on the vessel commits an offence if:\n(a) the vessel is outside the Daly River Fish Management Zone;\nand\n(b) any of the following apply:\n(i) there are a total of more than 20 regulated pots on the\n(ii) there are more than 10 complying freshwater pots on the\n(iii) there are more than 10 complying marine pots on the\n(3) Each person on the vessel commits an offence if:\n\nFisheries Regulations 1992 34\n(b) any of the following apply:\n(i) there are a total of more than 16 regulated pots on the\n(ii) there are more than 6 complying freshwater pots on the\n(iii) there are more than 10 complying marine pots on the\nDivision 2 Possession, size and certain vessel limits for\n46AA Definitions\nbaitfish (Division 2) means any of the following:\n(a) fish of the family Mugilidae (commonly known as mullet);\n(b) fish of the family Hemiramphidae (commonly known as\ngarfish);\n(c) fish of the family Sillaginidae (commonly known as whiting).\ncrab does not include mud crab.\npilchard means fish of the family Clupeidae or family Engraulidae\n(commonly known as pilchards, herring and sardines).\nred snapper (Division 2) means fish of the species Lutjanus\nmalabaricus, Lutjanus erythropterus or Lutjanus bitaeniatus\n(commonly known as red snapper).\nsaltwater prawn means a crustacean of the family Penaeidae\n(commonly known as a saltwater prawn).\nshark (Division 2) means fish of the Class Chondricthyes but does\nnot include ray, skate or chimaera.\n\nFisheries Regulations 1992 35\n46AB Amateur possession limits – specified fish\n(1) A person must not have possession of more than the permitted\nnumber of specified fish.\nor\npermitted number, of specified fish, means the number specified\nin the table below opposite the specified fish.\nspecified fish means fish specified in the table below.\nSpecified fish Permitted number\nbaitfish (Division 2) 50\nbillfish 1\nblack jewfish 2\nbream 15\ncephalopods 30\ncod 5\ncrabs 30\ngolden snapper 3\nking threadfin 3\nmangrove jack 3\npilchards 100\nred snapper (Division 2) 10\nsharks (Division 2) 3\nNote for regulation 46AB\nCertain species of shark must not be taken – see regulation 9(1)(b) and (c).\n\nFisheries Regulations 1992 36\n46AC Amateur possession limit – regulated molluscs and saltwater\nprawns\nA person must not have possession of more than 10 L (the\npermitted amount) of regulated molluscs or saltwater prawns.\n(a) for less than 3 times the permitted amount – 8 penalty units; or\n(b) for 3 times the permitted amount or more – 85 penalty units.\nNotes for regulation 46AC\n1 Giant clams must not be taken – see regulation 9(1)(d).\n2 Regulated molluscs must be kept in their shells except in specified\ncircumstances – see regulation 46BA.\n46AD Amateur possession limit – maximum size for king threadfin in\nFish Management Zone\n(1) A person must not have possession in a Fish Management Zone of\na king threadfin that has a fork length greater than 90 cm.\n(2) It is a defence to a charge of an offence against subregulation (1) if\nthe defendant proves that:\n(a) the king threadfin was taken by a person fishing from a vessel\nin a Fish Management Zone; and\n(b) an offence against regulation 46BAD was not committed in\nrespect of the king threadfin.\n(3) Subregulation (2) does not limit regulation 46AF.\n(4) In this regulation:\nvessel, see regulation 46BAA.\n46AE Amateur possession limit – minimum size for mangrove jack\n(1) A person must not have possession of a mangrove jack that has a\ntotal length of less than 35 cm.\n\nFisheries Regulations 1992 37\ntotal length, of a mangrove jack, means the length of the\nmangrove jack measured from the tip of the snout to the tip of the\nlongest part or segment of the tail fin while the fish is lying flat on a\nmeasuring tape or measuring device.\nSubdivision 4 General defence for Subdivisions 2 and 3\n46AF General defence for Subdivisions 2 and 3\nIt is a defence to a charge of an offence against Subdivision 2 or 3\nif the defendant proves that the fish that are the subject of the\ncharge were:\n(a) taken under a licence or permit; or\n(b) at the defendant's place of permanent residence.\nSubdivision 5 Other possession and certain vessel limits for\n46AG Amateur possession limit – freshwater prawns and freshwater\ncrustaceans\n(1) A person must not have possession, in the Daly River Fish\nManagement Zone, of more than:\n(a) 10 freshwater prawns; or\n(b) 30 freshwater crustaceans.\n(a) for possession of 11 to 29 freshwater prawns or 31 to\n89 freshwater crustaceans – 8 penalty units; or\n(b) for possession of more than 29 freshwater prawns or\n89 freshwater crustaceans – 85 penalty units.\n(2) A person must not have possession, in any other place, of more\nthan 30 freshwater crustaceans.\n(a) for possession of 31 to 89 freshwater crustaceans – 8 penalty\nunits; or\n(b) for possession of more than 89 freshwater crustaceans –\n85 penalty units.\n\nFisheries Regulations 1992 38\n(2A) Subregulations (1) and (2) do not apply to a person who is on a\nvessel if there are one or more other persons on the vessel.\n(3) It is a defence to a charge of an offence against subregulation (1)\nor (2) if the defendant proves that the freshwater prawns or\nfreshwater crustaceans:\n(a) were taken under a licence or permit; or\n(b) were at the defendant's place of permanent residence.\n(4) Subregulations (4A) and (4B) apply to a vessel, other than a\nregistered vessel, on which there are 2 or more people.\n(4A) Each person on the vessel commits an offence if:\n(b) more than the following number (the permitted number) of\nfreshwater prawns are on the vessel:\n(i) if there are only 2 people on the vessel – 20 freshwater\nprawns;\n(ii) if there are 3 or more people on the vessel –\n30 freshwater prawns.\nor\n(4B) Each person on the vessel commits an offence if:\n(b) more than the following number (the permitted number) of\nfreshwater crustaceans are on the vessel:\n(i) if there are only 2 people on the vessel – 60 freshwater\ncrustaceans;\n(ii) if there are 3 or more people on the vessel –\n90 freshwater crustaceans.\nor\n\nFisheries Regulations 1992 39\n(5) Unless permitted to do so under a licence, a person must not take,\nor have possession of, a female freshwater crustacean bearing\neggs or live young.\n","sortOrder":53},{"sectionNumber":"46A","sectionType":"section","heading":"Amateur possession limit – tropical rock lobster","content":"46A Amateur possession limit – tropical rock lobster\n(1) Subject to subregulation (3), a person must not have possession of\nmore than 5 rock lobsters (the permitted number) other than at the\nperson's permanent residence.\nor\n(2) In determining the number of rock lobsters in a person's possession\nfor subregulation (1), a rock lobster lawfully acquired from a\nlicensee and for which the person has a receipt or other proof of\nacquisition must be disregarded.\n(3) A person who has possession of more than 5 rock lobsters does\nnot commit an offence against subregulation (1) if the person:\n(a) establishes he or she is a member of a fishing party; and\n(b) no member of the party would be in contravention of\nsubregulation (1) if the rock lobsters were apportioned as\nequally as possible among the members of the party who are\npresent or able to be assembled in a short period of time.\n(4) If:\n(a) the members of a fishing party have possession of more than\n5 rock lobsters; and\n(b) each person who is a member of the party would have\npossession of more than 5 rock lobsters in contravention of\nsubregulation (1) if the rock lobsters in their possession were\napportioned as equally as possible among the members of the\nparty; and\n(c) it is not readily ascertainable which person has possession of\nthe rock lobsters,\n\nFisheries Regulations 1992 40\neach of the persons is, for subregulation (1), taken to have\npossession of all the rock lobsters.\n(5) If:\n(a) there are more than 3 persons in or on a vessel; and\n(b) there are more than 15 rock lobsters in or on the vessel,\neach of the persons is, for subregulation (1), taken to have\npossession of all the rock lobsters.\n(6) In determining the number of rock lobsters in or on a vessel for\nsubregulation (5)(b), a rock lobster lawfully acquired from a licensee\nand for which a person on the vessel has a receipt or other proof of\nacquisition must be disregarded.\nlicensee means the holder of a Fishery licence permitted to take\nrock lobsters, Fish Trader/Processor licence, Fish Retailer licence\nor Aquaculture licence.\nrock lobster means a crustacean of the species Panulirus\n(commonly known as a tropical rock lobster).\n","sortOrder":54},{"sectionNumber":"46B","sectionType":"section","heading":"Amateur possession limits – general","content":"46B Amateur possession limits – general\n(1) In this regulation:\nfish does not include the following:\n(a) crustaceans;\n(b) echinoderms;\n(c) molluscs;\n(d) baitfish;\n(e) bream;\n(f) other fish prescribed for this paragraph.\ntrunked fish means a fish from which the head or tail or both are\nremoved and includes such a fish from which all or part of the\ninternal organs are removed.\n(2) The Minister may, by Gazette notice, prescribe a fish for\nparagraph (f) of the definition fish in subregulation (1).\n\nFisheries Regulations 1992 41\n(2A) A person must not have possession of more than 5 fish (the\npermitted number) of any single species.\nor\n(2B) Subregulation (2A) does not apply to fish if the possession of a\nspecified number of those fish is limited, in relation to amateur\nfishing, by another provision of these regulations (other than\nsubregulation (3)) or otherwise under the Act.\n(3) Without limiting subregulation (2A), a person must not have\npossession of more than 15 fish (the permitted number).\nor\nNote for subregulations (2A), (2B) and (3)\nThis Division, the Barramundi Fishery Management Plan 1998 and Spanish\nMackerel Fishery Management Plan 2004 contain separate limits for particular\nspecies of fish.\n(4) For subregulations (2A) and (3), a piece of fish, other than a fillet, is\nto be counted as one fish, unless the defendant establishes that 2\nor more pieces of a fish were obtained from one fish only.\n(5) For subregulations (2A) and (3), 2 fillets together comprise only one\n(6) A person must not have possession of a trunked fish or a fillet\nunless the skin is retained on it.\n(7) It is a defence to a charge of an offence against subregulation (6) if\nthe defendant proves that the fish was processed for immediate\nconsumption by the defendant or another person in the company of\nthe defendant.\n\nFisheries Regulations 1992 42\n(8) It is a defence to a charge of an offence against subregulation (2A),\n(3) or (6) if the defendant proves that:\n(a) the fish were taken under a licence or permit entitling the\nperson to take the fish; or\n(b) the fish were at his or her place of permanent residence; or\n(c) the fish were obtained from licensee, or the holder of a permit,\npermitted to sell the fish; or\n(d) the fish were purchased from a retail or wholesale outlet; or\n(e) the fish were processed fish imported into the Territory\npackaged for sale to a final consumer and marked with the\nState or Territory from which the fish were imported or, where\nthe fish were imported from a country other than Australia, the\ncountry from which they were imported.\n(9) Where a person is not alone and it is not readily ascertainable who\nhas possession of the fish, subregulations (2A) and (3) apply to\neach person as though each person has possession of all the fish.\n(10) Notwithstanding subregulation (9), where a person establishes that:\n(a) he or she is a member of a fishing party; and\n(b) the fish will be shared equally amongst the members of the\nfishing party; and\n(c) if the sharing was to take place amongst those persons in the\nparty who are present, no person in the party would be guilty\nby reason of this subregulation or otherwise of contravening\nthis regulation;\nthen each person is deemed to have possession of his or her equal\nshare only of the fish.\n46BAA Definitions\ncoral trout means fish of the genus Plectropomus (commonly\nknown as coral trout).\nred emperor means fish of the species Lutjanus sebae (commonly\nknown as red emperor).\n\nFisheries Regulations 1992 43\nRussell's snapper means fish of the species Lutjanus russelli\n(commonly known as Russell's snapper).\nstripey snapper means fish of the species Lutjanus carponotatus\n(commonly known as stripey snapper).\ntricky snapper means fish of the species Lethrinus laticaudis\n(commonly known as tricky snapper).\ntuskfish means fish of the genus Choerodon (commonly known as\ntuskfish).\nvessel means:\n(a) subject to paragraph (b), a vessel other than a registered\nvessel; or\n(b) a vessel registered for a Fishing Tour Operator licence.\n46BAB Relationship with Division 2\nThis Division has effect despite Division 2.\n46BAC Vessel possession limits – specified fish\n(1) This regulation applies to a vessel on which there are 5 or more\npeople.\n(2) Each person on the vessel commits an offence if more than the\npermitted number of specified fish are on the vessel.\nor\npermitted number, of specified fish on a vessel, means:\n(a) if there are 5, 6 or 7 people on the vessel – the number\nspecified in the second column of the table below opposite the\nspecified fish; or\n(b) if there are 8 or more people on the vessel – the number\nspecified in the third column of the table below opposite the\nspecified fish.\n\nFisheries Regulations 1992 44\nspecified fish means fish specified in the first column of the table\nbelow.\nSpecified fish Permitted number for\nvessel with 5 to\n7 people\nPermitted number for\nvessel with 8 or more\npeople\nblack jewfish 8 16\ncod 20 40\ncoral trout 20 40\ngolden snapper 12 24\nmangrove jack 12 24\nred emperor 20 40\nRussell's snapper 20 40\nstripey snapper 20 40\ntricky snapper 20 40\ntuskfish 20 40\n46BAD Vessel possession limit – king threadfin in Fish Management\nZone\nEach person on a vessel in a Fish Management Zone commits an\noffence if there is more than one king threadfin on the vessel that\nhas a fork length greater than 90 cm.\n46BA Molluscs generally to be retained in shell in the field\n(1) A person must not have possession of a regulated mollusc that is\nnot within its shell.\nthe defendant proves the regulated mollusc was:\n(a) taken under a licence; or\n(b) being prepared for immediate consumption; or\n(c) at the defendant's place of permanent residence.\n\nFisheries Regulations 1992 45\n","sortOrder":55},{"sectionNumber":"46C","sectionType":"section","heading":"Certain fillets to be kept separate","content":"46C Certain fillets to be kept separate\n(1) A person commits an offence if:\n(a) the person has possession of a container or bag that contains\nany frozen fillets from different species of fish; and\n(b) the fillets from each species of fish are not separated by\npackaging from the fillets from each other species.\nthe defendant proves the fish were:\n(a) at the defendant's place of permanent residence; or\n(b) taken under a licence or permit; or\n(c) obtained from a licensee, or the holder of a permit, permitted\nto sell the fish; or\n(d) purchased from a retail or wholesale outlet.\n","sortOrder":56},{"sectionNumber":"46D","sectionType":"section","heading":"Amateur possession limits – swim bladders","content":"46D Amateur possession limits – swim bladders\n(1) A person must not, at any place other than the person's permanent\nresidence, have possession of a swim bladder that is detached\nfrom a fish.\n(2) A person must not, at the person's permanent residence, have\npossession of more than 2 swim bladders that are detached from\nthe defendant proves that the swim bladder was for immediate\nconsumption by the defendant or a person in the company of the\ndefendant.\n(4) It is a defence to a charge of an offence against subregulation (1)\nor (2) if the defendant proves that:\n(a) the possession was temporary while the defendant was\nprocessing the fish; or\n(b) the swim bladder was taken under a licence or permit entitling\nthe person to its possession; or\n\nFisheries Regulations 1992 46\n(c) the swim bladder was obtained from a licensee, or the holder\nof a permit, permitted to sell the swim bladder; or\n(d) the swim bladder was purchased from a retail or wholesale\noutlet; or\n(e) the swim bladder was imported into the Territory, packaged for\nsale to a final consumer and marked with the State, Territory\nor country from which the swim bladder was imported.\n(5) This regulation applies despite any other provision in a regulation or\nfishery management plan.\n","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Time for application for renewal","content":"48 Time for application for renewal\nA licensee may apply for renewal of his or her licence not earlier\nthan 6 weeks before the expiration of the licence.\n","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Replacement licence or certificate","content":"49 Replacement licence or certificate\nWhere a licence or certificate of vessel registration is lost or\ndestroyed the licensee may apply to the Director on the approved\nform, accompanied by:\n(a) a signed statutory declaration declaring that the licence or\ncertificate of vessel registration for which a replacement is\nsought has been lost or destroyed; and\n(b) the fee prescribed under regulation 206;\nfor the issue of a replacement licence or another certificate of\nregistration under the Act.\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Taking fish for sale prohibited in Kakadu National Park","content":"52 Taking fish for sale prohibited in Kakadu National Park\nA person shall not take, for sale, fish in the area known as Kakadu\nNational Park, being the area declared by an instrument dated\n5 April 1979 and published on the same day in Commonwealth\nGazette No. S61 at page 397, as amended by an instrument dated\n19 December 1985 and published in Commonwealth Gazette\nNo. S52 on 20 December 1985 at page 1.\n\nFisheries Regulations 1992 47\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Nomination of mother boat","content":"53 Nomination of mother boat\n(1) A licensee must ensure that one vessel to be used by the licensee\nunder a licence is, when registration of that vessel is sought under\nsection 18 of the Act, nominated as the mother boat in respect of\n(2) A vessel cannot be nominated as the mother boat for an ONLF\nlicence, Demersal Fishery licence or Timor Reef Fishery licence\nunless it is fitted with a vessel monitoring system approved in\nwriting by the Joint Authority.\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Marking of vessel","content":"54 Marking of vessel\n(1) A licensee shall cause a vessel registered in respect of his or her\nlicence, other than a vessel referred to in subregulation (2), to be\nmarked in the following manner:\n(a) the registration number shall be painted, on a yellow\nbackground in black arabic numerals of the size and height\nlisted in the Table to this regulation, on both sides of the bow\nof the vessel as high as practicable above the waterline, and,\nwhere a vessel has a wheelhouse or foredeck, on top of the\nwheelhouse or foredeck, so as to enable the unobscured view\nof the number from the sea and the air; and\n(b) if the vessel has a superstructure or deck, the registration\nnumber shall be painted on a yellow background in lettering of\na size enabling recognition, without the aid of optical\nequipment, on a horizontal plane from a distance of 250 m.\n(2) Where a vessel has an international radio call-sign, the licensee\nshall cause the call sign number to be painted on the vessel in\nblack on a white background, or white on a black background, in\nnumbers of the size and height listed in the Table to this regulation.\n\nFisheries Regulations 1992 48\n(3) A person shall not make or retain on a vessel a marking which\nimpedes the accurate recognition of the correct registration number\nor call sign number.\nTABLE\nSIZE OF REGISTRATION MARKS\nColumn 1 Column 2\nLength of vessel Specification of marks\nVertical\nheight\nWidth\nStoke\nwidth\nDistance\nbetween figures\nNot less than 20 m 0.8 0.4 0.13 0.12\nMore than 15 m but\nless than 20 m\n0.6 0.3 0.1 0.15\nMore than 12 m but\nless than 15 m\n0.4 0.2 0.06 0.1\nMore than 5 m but\nless than 12 m\n0.3 0.15 0.05 0.05\nLess than 5 m 0.1 0.05 0.01 0.02\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Marks to be removed from vessel which ceases to be","content":"55 Marks to be removed from vessel which ceases to be\nregistered\n(1) A person who ceases to hold a licence:\n(a) shall, within 6 months after the day he or she ceased to hold\nthe licence, remove from all vessels used for the purposes of\nthe licence the marks indicating the registration number; and\n(b) shall not use the vessel in water while the vessel is marked\nwith a registration number.\n(2) A person shall not sell, lease or otherwise dispose of an\nunregistered vessel which is marked with a registration number,\nother than to a licensee.\n(3) A person other than a licensee shall not purchase or lease an\nunregistered vessel marked with a registration number or use such\na vessel in water whilst it is so marked.\n\nFisheries Regulations 1992 49\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Vessels used for commercial fishing and fishing tour","content":"56 Vessels used for commercial fishing and fishing tour\noperations\n(1) Where it is intended that a vessel be used alternatively for the\npurposes of a commercial fishing licence and a Fishing Tour\nOperator licence, the licensee shall, on his or her application for\neach licence, note the predominant use to be made of the vessel.\n(2) Where a vessel referred to in subregulation (1) is to be used for a\npurpose other than the predominant use of the vessel the licensee\nshall, before engaging in the use of the vessel for that purpose:\n(a) advise the Director in writing of that purpose and of the period\nduring which the vessel will be used for that purpose, and\nmake a note contemporaneously of that information in the\nlicensee's record book; and\n(b) unload all fish from the vessel.\n(3) Where a vessel referred to in subregulation (1) has ceased,\nincluding temporarily ceased, to be used for a purpose other than\nthe predominant use of the vessel, the licensee shall:\n(a) advise the Director in writing that the licensee has ceased to\nuse the vessel for a purpose other than its predominant use\nand shall make a note contemporaneously of that information\nin the licensee's record book; and\n(b) unload all fish from the vessel.\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Registration fees where more than one licence","content":"57 Registration fees where more than one licence\nWhere a vessel is to be used for the purposes of more than one\nlicence, a registration fee shall be payable only in respect of one\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"Sale and processing of fish","content":"58 Sale and processing of fish\nFor section 10(1)(f) of the Act, the following things are able to be\ndone only under a licence:\n(a) the purchase of fish or aquatic life for processing and resale;\n(b) the possession for sale of processed fish or aquatic life.\n\nFisheries Regulations 1992 50\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"No processing for sale etc. without licence","content":"59 No processing for sale etc. without licence\n(1) The holder of:\n(a) a commercial fishing licence; or\n(b) an Aquaculture licence; or\n(ba) a Pearl Oyster Culture Industry licence; or\n(c) a Fish Trader/Processor licence; or\n(d) a Fish Retailer licence; or\n(e) an Aboriginal Coastal licence;\nmay process fish or aquatic life for sale, sell fish or aquatic life so\nprocessed and sell fish or aquatic life under and in accordance with\nthe Act and these Regulations.\n(3) A person must not sell fish or aquatic life obtained from a Bait Net\nFishery licensee unless it is labelled with the expression \"not for\nhuman consumption\".\n(4) An assistant must not transport fish for sale or sell fish except\nwhere the licensee which he or she assists has advised the Director\nin writing that the assistant is permitted to do so.\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Processing surfaces etc.","content":"60 Processing surfaces etc.\n(1) Surfaces used for the processing of fish or aquatic life, walls\nabutting a work surface and adjacent floor, deck and wall surfaces\nmust be:\n(a) constructed of smooth light-coloured material that is easily\ncleaned and free from cracks; and\n(b) resistant to wear and corrosion and impervious to water.\n(2) Areas where fish or aquatic life are processed, packed, stored or\nfrozen for sale must be kept in a clean and hygienic condition free\nfrom contamination.\n(3) It is a condition of the registration of a vessel to be used for the\npurposes of a commercial fishing licence that the licensee must\nmaintain the vessel in accordance with this regulation.\n\nFisheries Regulations 1992 51\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"Packaging of fish","content":"61 Packaging of fish\n(1) A person shall not pack fish or aquatic life processed under a\nlicence or a permit other than in a plastic wrapping permitted for\nuse with food under the Food Standards Code and of sufficient\nthickness or quality to be reasonably proof against accidental\ntearing.\n(2) A person processing fish under a licence or a permit shall not\nfreeze fillets of fish otherwise than in a regularly shaped block of\nwhich the least dimension does not exceed 80 mm.\n","sortOrder":69},{"sectionNumber":"62","sectionType":"section","heading":"Labelling of fish","content":"62 Labelling of fish\n(1) The holder of a licence must ensure that a label or tag is placed on\na fish processed for sale under the licence, or, where processed\nfish or aquatic life is packaged for sale under the licence, placed on\nor inside that package, containing particulars, clearly printed in\nletters of uniform size, including:\n(a) the number of the person's licence; and\n(b) the accepted common name of the contents; and\n(c) in the case of fish, other than fish processed to become a\ntrunk, a description of the type of fish and the method used to\nprocess and preserve it.\n(2) Where a fish has been processed for sale to become a trunk and\nthe trunk is not in a package, a tag must be attached to that trunk\ndisplaying the number of the licence under which the fish was\nprocessed and a description by the accepted common name of the\ntype of the fish.\n(3) Subregulations (1) and (2) do not apply to the sale of fish or aquatic\nlife as a prepared meal.\n(4) A Bait Net Fishery licensee must label all fish or aquatic life in his or\nher possession, other than fish or aquatic life to be used by the\nlicensee as bait for the purposes of amateur fishing by the licensee,\nwith the words \"not for human consumption\".\n(5) A licensee must not affix a label or tape over another label or tape.\n\nFisheries Regulations 1992 52\n","sortOrder":70},{"sectionNumber":"63","sectionType":"section","heading":"Incorrect description","content":"63 Incorrect description\nWhere fish or aquatic life is in a package or fish is labelled or\ntagged and:\n(a) the package, label or tag attached to it bears a statement,\nword, brand, mark, design or device regarding the contents\nthat is false or misleading in a material particular; or\n(b) the package, label or tag is marked so as to mislead or\ndeceive, or is likely to mislead or deceive, a purchaser; or\n(c) the package or fish labelled or tagged is sold under a name\nthat conveys or is likely to convey a false indication of the type\nor species of the contents, or to lead a purchaser to suppose\nthat it is fish other than that which it is; or\n(d) the package, label or tag is not marked in accordance with this\nPart;\nthe holder of the licence under which the label or tag was affixed is\nguilty of an offence.\n","sortOrder":71},{"sectionNumber":"64","sectionType":"section","heading":"Freezing","content":"64 Freezing\n(1) The licensee shall ensure that a freezer in a registered vessel or at\na camp site used for freezing and storing fish shall, when being\nused for those purposes, be maintained at -18°C or below.\n(2) A compartment of a freezer referred to in subregulation (1) shall be\nfitted with a thermometer mounted externally to indicate the internal\ntemperature of the freezing compartment.\n(3) A thermometer referred to in subregulation (2) shall be capable of\naccurate measurement and shall be clearly marked with\n1.0°C graduations.\n(4) It is a condition of the registration of a vessel to be used for the\npurposes of a licence that the licensee shall maintain the vessel in\naccordance with this regulation.\n","sortOrder":72},{"sectionNumber":"65","sectionType":"section","heading":"Transport of frozen fish","content":"65 Transport of frozen fish\nA licensee shall not transport frozen fish other than in hygienic,\ninsulated compartments or containers and shall ensure that they\nremain at -18°C or below while being transported.\n\nFisheries Regulations 1992 53\n","sortOrder":73},{"sectionNumber":"66","sectionType":"section","heading":"Fish processing in Frances Bay Mooring Basin","content":"66 Fish processing in Frances Bay Mooring Basin\nA person who processes fish within the area known as the Frances\nBay Mooring Basin in Darwin shall not take or release water from or\ninto that body of water for a purpose related to the processing of\nfish or aquatic life.\n","sortOrder":74},{"sectionNumber":"67","sectionType":"section","heading":"Definition","content":"67 Definition\nIn this Part, licensee means the holder of a commercial fishing\n","sortOrder":75},{"sectionNumber":"68","sectionType":"section","heading":"Criteria for grant or renewal of licence","content":"68 Criteria for grant or renewal of licence\n(1) An applicant for the grant or renewal of a commercial fishing licence\nmust have attained the age of 18 years.\n(2) The matters to which the Director may have regard in considering\nan application for the grant or renewal of a commercial fishing\nlicence include:\n(a) whether the applicant is able to demonstrate sufficient\nexperience and skills to safely and effectively maintain\ncommercial operations in the fishery for which the licence is\nsought; and\n(b) any relevant criminal history of the applicant; and\n(c) if the applicant has previously held a licence under this Act –\nwhether the applicant has supplied all accounts, records,\nwithin the time prescribed or specified by the Director.\n(3) The matters referred to in subregulation (2) are in addition to the\ncriteria set out in the Division of Part 8 in respect of which the\nlicence is sought.\n","sortOrder":76},{"sectionNumber":"69","sectionType":"section","heading":"Assistants","content":"69 Assistants\n(1) A licensee shall, before engaging in fishing under a licence, supply\nto the Director a written list of the names and dates of birth of\npersons who are, at the time of application, likely to be assistants of\nthe licensee in the conduct of fishing operations during that year.\n\nFisheries Regulations 1992 54\n(2) Where a person commences or ceases to be an assistant of the\nlicensee after the provision of the list required under\nsubregulation (1), the licensee shall immediately note that fact in\nthe licencee's record book and within 7 days after the day the\nperson commenced or ceased to be an assistant of the licensee,\nsupply to the Director in writing the name and date of birth of the\nperson and a statement as to whether the person commenced or\nceased to be an assistant to the licensee.\n","sortOrder":77},{"sectionNumber":"70","sectionType":"section","heading":"Use of licensee's fishing gear by assistant","content":"70 Use of licensee's fishing gear by assistant\nAn assistant shall not use fishing gear other than that permitted by\nthe licence and shall not use that gear other than in accordance\nwith the instructions of the licensee and under and in accordance\nwith the Act.\n","sortOrder":78},{"sectionNumber":"71","sectionType":"section","heading":"Sale of fish","content":"71 Sale of fish\n(1) A licensee, other than an Aquarium Fishing/Display Fishery\nlicensee, may sell fish to the following:\n(a) a commercial fishing licensee, other than an Aquarium\nFishing/Display Fishery licensee;\n(b) a Fish Broker licensee;\n(c) a Fish Retailer licensee;\n(d) a Fish Trader/Processor licensee;\n(e) a person holding a licence under Part 10;\n(f) an interstate or overseas purchaser;\n(g) a member of the public not purchasing fish for resale.\n(2) An Aquarium Fishing/Display Fishery licensee may sell fish to the\n(a) an Aquaculture licensee;\n(aa) an Ornamental Aquaculture licensee;\n(b) an Aquarium Trader licensee;\n(c) a Public Aquarium licensee;\n(d) an interstate or overseas purchaser;\n\nFisheries Regulations 1992 55\n(e) a member of the public not purchasing fish for resale.\n(3) A person who holds a permit granted under the Commonwealth Act\nor a licence granted under a law of a State or another Territory\npermitting the taking and sale of fish may sell in the Territory fish\ntaken in accordance with the permit or licence.\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"No fishing for sale in vicinity of artificial reefs","content":"72 No fishing for sale in vicinity of artificial reefs\nA licensee must not take fish under his or her licence or permit\nfishing under his or her licence or from a vessel used for the\npurposes of a licence, within a radius of:\n(a) 2 nautical miles from the Marchart 3, which is located at\nlatitude 12 o10.6'S longitude 130 o40.6'E; or\n(b) one nautical mile from the East Point Darwin Sub-Aqua Club\nBarge, which is located at latitude 12 o24.8'S\nlongitude 130 o48.1'E; or\n(c) half a nautical mile from the T & W reef, which is located at\nlatitude 12 o18.9'S longitude 130 o53.2'E; or\n(d) one nautical mile from Song Saigon Complex, which is located\nat latitude 12 o28.6'S longitude 130 o47.9'E; or\n(e) half a nautical mile from Truck Tipper Reef, which is located at\nlatitude 12°18.02'S longitude 130°50.39'E; or\n(f) half a nautical mile from Rick Mills Reef, which is located at\nlatitude 12°18.45'S longitude 130°48.87'E; or\n(g) half a nautical mile from Crab Claw Island Jetty Reef, which is\nlocated at latitude 12°41.83'S longitude 130°37.32'E.\n","sortOrder":80},{"sectionNumber":"72A","sectionType":"section","heading":"Prohibition or limit on taking tuna etc. as by-catch","content":"72A Prohibition or limit on taking tuna etc. as by-catch\n(1) During a voyage a licensee must not take, as by-catch, any of the\ntuna or tuna like species specified at item 1 in Schedule 5.\n(2) During a voyage a licensee may take, as by-catch:\n(a) no more than 2 in total of the tuna or tuna like species\nspecified at item 2 in Schedule 5; and\n(b) no more than 10 in total of the tuna or tuna like species\nspecified at item 3 in Schedule 5.\n\nFisheries Regulations 1992 56\n","sortOrder":81},{"sectionNumber":"73","sectionType":"section","heading":"Definitions","content":"73 Definitions\nCLF licence means a Coastal Line Fishery licence.\nCLF species means black jewfish or golden snapper.\nCLF Western Zone means that part of the fishery area specified in\nregulation 77 that is in the Western Zone.\nfishery unit, see regulation 78B.\nquota unit, see regulation 78E.\nAct in relation to the Coastal Line Fishery.\ntotal allowable catch, see regulation 78D.\nWestern Zone means the waters:\n(a) from the high water mark at the border between the Territory\nand Western Australia to Vashon Head on Cobourg Peninsula\nat the point of latitude 11° 07.516' south, longitude 131°\n59.650' east; and\n(b) extending seaward to the outer boundary of the Australian\nfishing zone.\n","sortOrder":82},{"sectionNumber":"74","sectionType":"section","heading":"Declaration of Coastal Line Fishery","content":"74 Declaration of Coastal Line Fishery\nSpanish mackerel or mud crab) by the use of vertical line, drop line,\ncast net, scoop net and gaff, or fish-trap in the fishery area\nspecified in regulation 77 is hereby declared to be the Coastal Line\n","sortOrder":83},{"sectionNumber":"77","sectionType":"section","heading":"Area of fishery","content":"77 Area of fishery\nThe Coastal Line Fishery area is the area extending seaward from\nthe high water mark to an imaginary line following the coastline\n15 nautical miles from the low water mark.\n\nFisheries Regulations 1992 57\n","sortOrder":84},{"sectionNumber":"77A","sectionType":"section","heading":"CLF licence","content":"77A CLF licence\nThe holder of a CLF licence may participate in the Coastal Line\nFishery in accordance with this Division.\n","sortOrder":85},{"sectionNumber":"78","sectionType":"section","heading":"Fishing gear","content":"78 Fishing gear\n(1) A Coastal Line Fishery licensee must not, in the area extending\nseaward from the high water mark to an imaginary line following the\ncoastline 2 nautical miles from the low water mark, use under the\nlicence fishing gear other than:\n(a) a vertical line; and\n(b) a cast net; and\n(c) a scoop net and gaff.\n(2) Subject to subregulation (2A), a Coastal Line Fishery licensee must\nnot, in the area extending seaward from an imaginary line following\nthe coastline 2 nautical miles seaward from the low water mark to\nan imaginary line following the coastline 15 nautical miles from the\nlow water mark, use under the licence fishing gear other than:\n(a) a vertical line; and\n(b) a drop line; and\n(c) a fish-trap; and\n(d) a scoop net and gaff; and\n(e) a cast net.\n(2A) A Coastal Line Fishery licensee must not use a fish-trap under the\nlicence in the CLF Western Zone.\n(3) A Coastal Line Fishery licensee must not, under the licence, use a\ncast net to take fish or aquatic life unless the fish or aquatic life are\nto be used under the licence as bait.\n\n","sortOrder":86},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Fishery units, total allowable catch and quota units in CLF Western Zone","content":"Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone\nFisheries Regulations 1992 58\n(4) A Coastal Line Fishery licensee must not use more than 5 fish-traps\nunder the licence.\n78A Certain fish not to be taken\nA Coastal Line Fishery licensee must not take barramundi, king\nSubdivision 3 Fishery units, total allowable catch and quota units\nin CLF Western Zone\n78B Fishery units generally\n(1) A fishery unit is a unit that entitles the holder of the CLF licence to\nallowable catch for the CLF species to which the unit relates.\nThe share is calculated under regulation 78F.\n(4) A fishery unit attached to a CLF licence that is cancelled is taken to\n(5) A fishery unit attached to a CLF licence that expires and is not\nrenewed within the period permitted under section 12(2) of the Act\nis taken to be transferred to the Territory on the day after the period\n","sortOrder":87},{"sectionNumber":"78C","sectionType":"section","heading":"Total number of fishery units","content":"78C Total number of fishery units\nIn the CLF Western Zone there are a total of:\n(a) 145 000 fishery units for black jewfish; and\n(b) 4 500 fishery units for golden snapper.\n\nSubdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone\nFisheries Regulations 1992 59\n","sortOrder":88},{"sectionNumber":"78D","sectionType":"section","heading":"Total allowable catch of black jewfish and golden snapper in","content":"78D Total allowable catch of black jewfish and golden snapper in\nCLF Western Zone\nThe total amount of each CLF species that may be taken in a\nlicence year in the CLF Western Zone under all CLF licences (the\ntotal allowable catch) is:\n(a) 145 000 kg of black jewfish; and\n(b) 4 500 kg of golden snapper.\n","sortOrder":89},{"sectionNumber":"78E","sectionType":"section","heading":"Quota units generally","content":"78E Quota units generally\nholder of the CLF licence to which the unit is attached to take 1 kg\nof the CLF species to which the quota unit relates from the\nCLF Western Zone in accordance with this Division.\n(2) A quota unit is used when the holder of the CLF licence to which\ntake 1 kg of the CLF species to which the quota unit relates from\nthe CLF Western Zone.\n(5) The Director must, if satisfied the holder of a CLF licence has used\none or more quota units attached to the licence, cancel the number\nof quota units attached to the licence that equals the number of\nunits used.\n(b) the CLF licence to which it is attached is cancelled.\n","sortOrder":90},{"sectionNumber":"78F","sectionType":"section","heading":"Annual allocation of quota units","content":"78F Annual allocation of quota units\n(1) On 1 July in each licence year, the Director must allocate the\nCLF licence to which fishery units are attached.\n(2) If a CLF licence to which fishery units are attached is renewed after\nDirector must allocate the number of quota units mentioned in\nsubregulation (3) to the licence.\n\nFisheries Regulations 1992 60\n(3) The number of quota units to be allocated for each CLF species is\nA is the number of quota units for the relevant CLF species to be\nallocated to the CLF licence.\nL is the number of fishery units for the relevant CLF species\nattached to the CLF licence on the date of the allocation before any\nT is the total number of fishery units for the relevant CLF species as\nmentioned in regulation 78C.\nTAC is the total allowable catch for the relevant CLF species.\n(5) If, under subregulation (1) or (2), the Director is required to allocate\nquota units to a CLF licence in relation to which any fees are due\nthen, despite the subregulation:\n(a) the Director must not allocate quota units to the licence until\nthe fees are paid; and\nmade on the date required under subregulation (2) or (3).\n","sortOrder":91},{"sectionNumber":"78G","sectionType":"section","heading":"Notice of intention to fish in CLF Western Zone","content":"78G Notice of intention to fish in CLF Western Zone\n(1) This regulation applies to the holder of a CLF licence who intends\nto take fish in the CLF Western Zone under the licence during a\n\nFisheries Regulations 1992 61\n(a) the holder's intention to take fish in the CLF Western Zone\nunder the licence during the voyage;\n(d) the type of fishing gear the holder intends to use in the CLF\nWestern Zone during the voyage;\n(e) the time the vessel is estimated to land at the end of the\n(f) the place the vessel will land;\n(g) any other information about the voyage required by the\n","sortOrder":92},{"sectionNumber":"78H","sectionType":"section","heading":"Quota units to be held at start of voyage to CLF Western Zone","content":"78H Quota units to be held at start of voyage to CLF Western Zone\nThe holder of a CLF licence commits an offence if:\n(a) the holder takes fish in the CLF Western Zone under the\nlicence during a voyage; and\nit:\n(i) quota units for black jewfish; and\n(ii) quota units for golden snapper.\n","sortOrder":93},{"sectionNumber":"78J","sectionType":"section","heading":"No fish on vessel at start of voyage to CLF Western Zone","content":"78J No fish on vessel at start of voyage to CLF Western Zone\n(1) The holder of a CLF licence must ensure none of the following is on\nboard a vessel when a voyage is started if the holder intends to\ntake fish in the CLF Western Zone under the licence from the\nvessel during the voyage:\n(a) fish intended for sale;\n\nFisheries Regulations 1992 62\n(b) more than 100 kg of fish not intended for sale (excluding bait).\n(2) Subregulation (1) does not apply if the Director gives the holder\nwritten approval to have fish on board the vessel as mentioned in\nthat subregulation.\n","sortOrder":94},{"sectionNumber":"78K","sectionType":"section","heading":"Fishing in CLF Western Zone limited to entitlement under","content":"78K Fishing in CLF Western Zone limited to entitlement under\nquota units\nThe holder of a CLF licence must not, while fishing in the\nCLF Western Zone under the licence, take an amount of a\nCLF species that exceeds the amount the holder is entitled to take\nunder the quota units attached to the licence.\n","sortOrder":95},{"sectionNumber":"78L","sectionType":"section","heading":"Restrictions apply during voyage to CLF Western Zone","content":"78L Restrictions apply during voyage to CLF Western Zone\n(1) The holder of a CLF licence must not, during one voyage, take any\nfish in the CLF Western Zone under the licence and take any fish\nunder the licence outside the CLF Western Zone.\n(2) The holder of a CLF licence must not, during one voyage, take any\nCLF species in the CLF Western Zone under the licence and take\nany fish, in or outside the CLF Western Zone, under any other\n(3) Subregulation (1) or (2) does not apply if the Director gives the\nholder written approval to take the action mentioned in the relevant\nsubregulation.\n","sortOrder":96},{"sectionNumber":"78M","sectionType":"section","heading":"Fish not to be moved between vessels","content":"78M Fish not to be moved between vessels\n(1) The holder of a CLF licence must ensure a fish taken in the CLF\nWestern Zone under the licence is not moved from the vessel from\nwhich it was taken to another vessel.\n(2) Subregulation (1) does not apply if the Director gives the holder\nwritten approval to move the fish to another vessel.\n\nFisheries Regulations 1992 63\n","sortOrder":97},{"sectionNumber":"78N","sectionType":"section","heading":"Unloading fish","content":"78N Unloading fish\nThe holder of a CLF licence must ensure that a fish taken in the\nCLF Western Zone under the licence is unloaded from the vessel\nfrom which it was taken (or from the vessel to which the fish was\nmoved if regulation 78M(2) applies):\n(b) if the Director has given the holder written approval for the fish\nto be unloaded in another place – in the other place.\n","sortOrder":98},{"sectionNumber":"78P","sectionType":"section","heading":"Weighing fish","content":"78P Weighing fish\n(1) The holder of a CLF licence must ensure that, as soon as\npracticable after fish taken in the CLF Western Zone under the\nlicence are unloaded, the fish are weighed using scales that:\nCLF licence must produce to the Fisheries Officer the certificate of\n\nFisheries Regulations 1992 64\n","sortOrder":99},{"sectionNumber":"78Q","sectionType":"section","heading":"Compulsory monitoring on notice","content":"78Q Compulsory monitoring on notice\n(1) The Director may at any time, by written notice, require the holder\nof a CLF licence to do one of the following in relation to the next\nvoyage undertaken by the holder during which the holder intends to\ntake fish in the CLF Western Zone under the licence:\n(a) ensure fishing monitoring equipment, as specified in the\nnotice, is fitted to the vessel used for the voyage and is\noperating at all times during the voyage;\n","sortOrder":100},{"sectionNumber":"78R","sectionType":"section","heading":"Application for transfer and approval by Director","content":"78R Application for transfer and approval by Director\n(1) The holder of a CLF licence may apply to the Director for approval\nto transfer one or more fishery units or quota units attached to the\nlicence to another holder of a CLF licence.\n(3) The Director must approve or refuse to approve the application and\ngive the applicant written notice of the decision.\nsuspended CLF licence.\n","sortOrder":101},{"sectionNumber":"78S","sectionType":"section","heading":"Effective date of transfer","content":"78S Effective date of transfer\nIf the Director approves an application for the transfer of fishery\nunits or quota units, the transfer takes effect on the later of:\n\nFisheries Regulations 1992 65\n","sortOrder":102},{"sectionNumber":"78T","sectionType":"section","heading":"Sale or transfer of fishery units by Territory","content":"78T Sale or transfer of fishery units by Territory\nThe Territory may sell or transfer to the holder of a CLF licence\n","sortOrder":103},{"sectionNumber":"78U","sectionType":"section","heading":"Allocation of fishery units or quota units","content":"78U Allocation of fishery units or quota units\n(1) An allocation of fishery units or quota units to a CLF licence is\nmade by the Director entering in the register the number of fishery\nunits or quota units that are allocated to the licence.\n(2) Within 7 days after making an allocation to a CLF licence, the\nDirector must give the holder of the licence written notice of the\n","sortOrder":104},{"sectionNumber":"78V","sectionType":"section","heading":"Transfer of fishery units or quota units","content":"78V Transfer of fishery units or quota units\nunits or quota units has been approved, the Director must enter in\nthe register the details of the transfer, including the date on which\nthe transfer takes effect.\ntakes effect or, in the case of fishery units, is taken to have\noccurred under regulation 78B, the Director must amend the\nregister to record that the number of units transferred:\n(a) are no longer attached to the CLF licence from which they\n(b) are attached to the transferee's CLF licence or, if transferred\n","sortOrder":105},{"sectionNumber":"78W","sectionType":"section","heading":"Cancellation of quota units","content":"78W Cancellation of quota units\n(1) The Director cancels a quota unit by recording the cancellation in\nthe register.\n(2) Within 7 days after cancelling a quota unit attached to a\nCLF licence, the Director must give the holder of the licence written\nnotice of the cancellation.\n(3) If a quota unit is taken to be cancelled under regulation 78E(6), the\nDirector must record the cancellation in the register as soon as\npracticable after the cancellation.\n\nFisheries Regulations 1992 66\n","sortOrder":106},{"sectionNumber":"79","sectionType":"section","heading":"Declaration of Coastal Net Fishery","content":"79 Declaration of Coastal Net Fishery\nSpanish mackerel or mud crab) by coastal net, is hereby declared\nto be the Coastal Net Fishery.\n","sortOrder":107},{"sectionNumber":"80","sectionType":"section","heading":"Licence regions","content":"80 Licence regions\nThe Director may grant a Coastal Net Fishery licence in respect of\none of the following regions:\n(a) the Darwin Region, extending from Cape Hotham to Native\nPoint and from Cape Ford to Dooley Point;\n(c) the Borroloola Region, extending from the mouth of Bing Bong\nCreek to Pelican Spit; or\n(d) other areas approved by the Director.\n","sortOrder":108},{"sectionNumber":"81","sectionType":"section","heading":"Entry criteria","content":"81 Entry criteria\n(1) The Director shall not grant a Coastal Net Fishery licence other\nthan to a person:\n(a) who was licensed under the repealed Regulations to engage\nin the Bait Fishery and to catch bait in that fishery during 1992\nor who was licensed under the repealed Regulations to\nengage in the Special Purpose Fishery during 1992 and to use\nhaul net in that fishery; and\n(b) who, subject to subregulation (2), owns or leases a vessel of\nnot less than 5 m in length for use in the fishery.\n(2) Subregulation (1)(b) does not apply in respect of an applicant who\nwas licenced under the repealed Regulations to engage in the Bait\nFishery during 1992.\n","sortOrder":109},{"sectionNumber":"83","sectionType":"section","heading":"Area of fishery","content":"83 Area of fishery\n(1) The Coastal Net Fishery area is that area extending seaward from\nthe coastline from the high water mark to an imaginary line\nfollowing the coastline 3 nautical miles from the low water mark.\n(2) However, in the vicinity of Darwin Harbour and Shoal Bay the\nfishery area does not include any area landwards of an imaginary\nline extending from co-ordinates 6760E 86300N (Charles Point) to\nco-ordinates 7185E 86544N (Gunn Point), which co-ordinates are\nmore particularly described on Map Sheet Darwin 5073 and Map\n\nFisheries Regulations 1992 67\nSheet Koolpinyah 5173 lodged with the Surveyor-General, Darwin.\n","sortOrder":110},{"sectionNumber":"84","sectionType":"section","heading":"Fishing gear","content":"84 Fishing gear\nA Coastal Net Fishery licensee must not use under the licence\nfishing gear other than:\n(a) a coastal net, if the net:\n(i) where it is anchored or staked, is anchored or staked at\none end only; and\n(ii) while catch is being cleared, is in not less than 30 cm of\nwater; and\n(iii) is used in the region in which its use is permitted by the\n(b) a cast net.\n","sortOrder":111},{"sectionNumber":"85","sectionType":"section","heading":"Certain fish not to be taken","content":"85 Certain fish not to be taken\nA Coastal Net Fishery licensee must not take barramundi, king\n","sortOrder":112},{"sectionNumber":"86","sectionType":"section","heading":"Declaration of Bait Net Fishery","content":"86 Declaration of Bait Net Fishery\nSpanish mackerel and mud crab) by bait net or cast net for sale as\nbait is hereby declared to be the Bait Net Fishery.\n","sortOrder":113},{"sectionNumber":"87","sectionType":"section","heading":"Entry criteria and number of licences","content":"87 Entry criteria and number of licences\nThe Director must not grant a Bait Fish Fishery licence other than to\na person:\n(a) who was licensed under the repealed Regulations to engage\nin the Bait Net Fishery during 1992; and\n(b) who does not hold a Coastal Net Licence.\n","sortOrder":114},{"sectionNumber":"89","sectionType":"section","heading":"Area of fishery","content":"89 Area of fishery\n(1) The Bait Net Fishery area is the area extending seaward from the\nhigh water mark to an imaginary line following the coastline\n3 nautical miles from the low water mark but does not include the\nMary River Fish Management Zone.\n\nFisheries Regulations 1992 68\n(2) However, in the vicinity of Darwin Harbour and Shoal Bay the\nfishery area does not include any area landwards of an imaginary\nline extending from co-ordinates 6760E 86300N (Charles Point) to\nco-ordinates 7185E 86544N (Gunn Point), which co-ordinates are\nmore particularly described on Map Sheet Darwin 5073 and Map\nSheet Koolpinyah 5173 lodged with the Surveyor-General, Darwin.\n","sortOrder":115},{"sectionNumber":"90","sectionType":"section","heading":"Fishing gear","content":"90 Fishing gear\nA Bait Net Fishery licensee must not use under the licence fishing\ngear other than:\n(a) a bait net where it is:\n(i) not anchored or staked; and\n(ii) hauled by hand; and\n(iii) attended at all times when in use; and\n(iv) while catch is being cleared, in not less than 30 cm of\nwater; and\n(b) a cast net; and\n(c) a scoop net and gaff.\n91 Certain fish not to be taken\nA Bait Net Fishery licensee must not take barramundi, king\nDivision 4 Spanish Mackerel Fishery\n92 Declaration of fishery\nThe industry of taking Spanish mackerel is declared to be the\nSpanish Mackerel Fishery.\n","sortOrder":116},{"sectionNumber":"96","sectionType":"section","heading":"Definitions","content":"96 Definitions\ncombined Blacktip Shark means fish of the following species:\n(a) Carcharhinus limbatus;\n\nFisheries Regulations 1992 69\n(b) Carcharhinus tilstoni.\ncombined fin fish group (by-product) species means all retained\nfin fish species other than Grey Mackerel and no-take species.\ncombined other Shark group species means all retained shark\nspecies other than combined Blacktip Shark, Spot-tail Shark or\ncombined Shark group.\ncombined Shark group means fish of the following species:\n(a) Carcharhinus amblyrhynchos;\n(b) Carcharhinus amboinensis;\n(c) Carcharhinus brevipinna;\n(d) Carcharhinus leucas;\n(e) Carcharhinus obscurus;\n(f) Carcharhinus plumbeus;\n(g) Galeocerdo cuvier;\n(h) Eusphyra blochii;\n(i) Negaprion acutidens;\n(j) Sphyrna lewini;\n(k) Sphyrna mokarran.\nEastern Grey Mackerel Management Zone, see\nregulation 96C(3).\nfishery unit, see regulation 96CC(1).\nGrey Mackerel means fish of the species Scomberomorus\nsemifasciatus.\nno-take species, see regulation 96D(3).\nOff-shore Net and Line Fishery area, see regulation 96B(1).\nONLF licence means an Off-Shore Net and Line Fishery licence.\nquota unit, see regulation 96CF(1).\nAct in relation to the Off-shore Net and Line Fishery.\n\nFisheries Regulations 1992 70\nSpot-tail Shark means fish of the species Carcharhinus sorrah.\ntotal allowable catch, see regulation 96CE.\nWestern Grey Mackerel Management Zone, see\nregulation 96C(2).\n","sortOrder":117},{"sectionNumber":"96A","sectionType":"section","heading":"Declaration of Off-shore Net and Line Fishery","content":"96A Declaration of Off-shore Net and Line Fishery\nThe industry of taking fish by using the fishing gear mentioned in\nregulation 100(1)(a), (b) or (c) is declared to be the Off-shore Net\nand Line Fishery.\n","sortOrder":118},{"sectionNumber":"96B","sectionType":"section","heading":"Area of fishery","content":"96B Area of fishery\n(1) The Off-shore Net and Line Fishery area is the area extending\nseaward from the low water mark to the outer boundary of the\nAustralian fishing zone to the extent the waters are waters relevant\nto the Northern Territory.\nwaters relevant to the Northern Territory means the waters\ndescribed in Schedule 1, item 7 (Scheduled area for the Northern\nTerritory) to the Offshore Petroleum and Greenhouse Gas Storage\nAct 2006 (Cth).\n","sortOrder":119},{"sectionNumber":"96C","sectionType":"section","heading":"Mackerel Management zones","content":"96C Mackerel Management zones\n(1) Within the Off-shore Net and Line Fishery area there are two\nmanagement zones relating to Grey Mackerel, the Western Grey\nMackerel Management Zone and the Eastern Grey Mackerel\nManagement Zone, that make up the waters of the Fishery area.\n(2) The Western Grey Mackerel Management Zone lies west of a line,\ncommencing at the low water mark at Cape Arnhem at the point\nwhere the meridian of longitude 136°58.767' East meets the coast\nand extending due north until it intersects with the outer boundary\nof the Australian Fishing Zone.\nNote for subregulation (2)\nCo-ordinates are shown in Geocentric Datum of Australia 1994 (GDA94) degrees\ndecimal minutes (DD MM.MMM).\n(3) The Eastern Grey Mackerel Management Zone lies east of the line\nmentioned in subregulation (2).\n\nFisheries Regulations 1992 71\n96CA ONLF licence\n(1) The holder of an ONLF licence may participate in the Off-shore Net\nand Line Fishery in accordance with this Division.\n(2) An ONLF licence cannot be transferred.\n96CB Grant of ONLF licence\nThe Joint Authority may grant an ONLF licence to a person if:\n96CC Fishery units generally\n(1) A fishery unit is a unit that entitles the holder of the ONLF licence\nto which the unit is attached to be allocated a share of the total\nThe share is calculated under regulation 96CG.\n(3) A fishery unit may be transferred under Subdivision 4.\n(4) A fishery unit attached to an ONLF licence that is cancelled is taken\nto be transferred to the Territory on the day of the cancellation.\n(5) A fishery unit attached to an ONLF licence that expires and is not\n96CD Total number of fishery units\nIn the Off-shore Net and Line Fishery there are a total of:\n(a) 404 000 fishery units for grey mackerel species from the\nWestern Grey Mackerel Management Zone; and\n\nFisheries Regulations 1992 72\n(b) 131 000 fishery units for grey mackerel species from the\nEastern Grey Mackerel Management Zone; and\n(c) 434 694 fishery units for combined Blacktip Shark; and\n(d) 121 446 fishery units for Spot-tail Shark; and\n(e) 246 441 fishery units for combined Shark group; and\n(f) 126 447 fishery units for combined other Shark group species;\nand\n(g) 59 397 fishery units for combined fin fish group (by-product)\n96CE Total allowable catch\nThe total amount of fish that may be taken under all ONLF licences\n(a) 404 000 kg of grey mackerel species from the Western Grey\nMackerel Management Zone; and\n(b) 131 000 kg of grey mackerel species from the Eastern Grey\nMackerel Management Zone; and\n(c) 434 694 kg of combined Blacktip Shark; and\n(d) 121 446 kg of Spot-tail Shark; and\n(e) 246 441 kg of combined Shark group; and\n(e) 126 447 kg of combined other Shark group species; and\n(f) 59 397 kg of combined fin fish group (by-product) species,\nincluding 13 500 kg of Spanish Mackerel.\n96CF Quota units generally\nholder of the ONLF licence to which the unit is attached to take 1 kg\nof the species group to which the quota unit relates from the\nOff-shore Net and Line Fishery area in accordance with this\nDivision.\n\nFisheries Regulations 1992 73\n(2) For Grey Mackerel, quota units relate to either the Eastern Grey\nMackerel Management Zone or the Western Grey Mackerel\nManagement Zone\n(3) A quota unit is used when the holder of the ONLF licence to which\ntake 1 kg of the species group to which the quota unit relates from\nthe Off-shore Net and Line Fishery area, or the relevant zone within\nthe area.\n(4) A quota unit expires on 30 June of the licence year in which the unit\n(5) A quota unit may be transferred under Subdivision 4.\n(6) The Joint Authority must, if satisfied the holder of an ONLF licence\nhas used one or more quota units attached to the licence:\nregulation 96CH before cancelling any other quota units\n(7) A quota unit is taken to be cancelled if:\n(b) the ONLF licence to which it is attached is cancelled.\n96CG Annual allocation of quota units\nONLF licence to which fishery units are attached.\n(2) If an ONLF licence to which fishery units are attached is renewed\nafter 1 July in a licence year, on the date the licence is renewed,\nthe Joint Authority must allocate the number of quota units\nmentioned in subregulation (3) to the licence.\n\nFisheries Regulations 1992 74\nallocated to the ONLF licence.\nattached to the ONLF licence on the date of the allocation before\nany transfers of fishery units to or from the licence take effect.\nas mentioned in regulation 96CD.\nallocate quota units to an ONLF licence in relation to which any\nfees are due then, despite the subregulation:\n96CH Additional allocation of quota units for undercatch\n(a) one or more eligible quota units attached to an ONLF licence\n(b) the licence is renewed the following licence year.\n(2) The Joint Authority must allocate to the ONLF licence the number\nof quota units for each species group that is equal to the lesser of:\n\nFisheries Regulations 1992 75\nA = (AQ + BQ - TQ) x 0.1\n(a) immediately after an allocation to the ONLF licence is made\nunder regulation 96CG; or\n(a) quota units allocated to the ONLF licence under\nregulation 96CG or 237; or\n(b) quota units allocated to another ONLF licence under\nregulation 96CG or 237 and subsequently transferred to the\nholder of the ONLF licence.\n\nFisheries Regulations 1992 76\n96CI Overcatch\n(1) An overcatch is when any of the following occurs:\n(a) an ONLF licensee has taken more than 794 kg of Spanish\nmackerel during a licence year;\n(b) an ONLF licensee has, within a licence year, taken more of a\nspecies group than the licensee is entitled to take under the\nquota units attached to the licence relevant to the species\ngroup.\n(2) The Joint Authority may, as soon as practicable after an overcatch\noccurs, give the ONLF licensee a notice (an overcatch notice)\nspecifying the amount of the overcatch.\n(3) The overcatch notice, or a later notice, may impose an overcatch\nfee (if applicable) determined by the Joint Authority under\n(4) The Joint Authority may determine the amount of a fee (the\novercatch fee) for each kilogram of overcatch of a species group\ntaken by an ONLF licensee in a licence year.\n(5) An overcatch fee is not applicable in the circumstance mentioned in\nsubregulation (1)(a) unless the total amount of Spanish mackerel\ntaken to date in the licence year in the Off-shore Net and Line\nFishery area is in excess of 13 500 kg.\n(6) After being given an overcatch notice, an ONLF licensee must do\n(a) for an overcatch that is not one mentioned in\nsubregulation (1)(a) – within 7 days of being given the notice,\narrange for the transfer to the licence of the number of quota\nunits relevant to the species group equal to the overcatch\namount specified in the notice;\n(b) within 30 days of being given the notice – pay any overcatch\nfee imposed.\n96CJ Application for transfer and approval by Joint Authority\n(1) The holder of an ONLF licence may apply to the Joint Authority for\n(a) the holder of an ONLF licence; or\n\nFisheries Regulations 1992 77\n(b) an applicant for, or person who intends to apply for, an ONLF\nsuspended ONLF licence.\n96CK Effective date of transfer\nfishery units or quota units to the holder of an ONLF licence, the\nintends to apply for, an ONLF licence:\ngranted an ONLF licence within 14 days after the date the\n96CL Sale or transfer of fishery units by Territory\nThe Territory may sell or transfer to the holder of an ONLF licence\n96CM Allocation of fishery units or quota units\n(1) An allocation of fishery units or quota units to an ONLF licence is\nmade by the Joint Authority entering in the register the number of\nfishery units or quota units that are allocated to the licence.\n\nFisheries Regulations 1992 78\n(2) Within 7 days after making an allocation to an ONLF licence, the\nJoint Authority must give the holder of the licence written notice of\nthe allocation.\n96CN Transfer of fishery units or quota units\ntakes effect or is taken to have occurred under regulation 96CC, the\n(a) are no longer attached to the ONLF licence from which they\n(b) are attached to the transferee's ONLF licence or, if transferred\n96CO Cancellation of quota units\n(2) Within 7 days after cancelling a quota unit attached to an ONLF\nlicence, the Joint Authority must give the holder of the licence\nwritten notice of the cancellation.\n(3) If a quota unit is taken to be cancelled under regulation 96CF, the\n","sortOrder":120},{"sectionNumber":"96D","sectionType":"section","heading":"Taking of fish","content":"96D Taking of fish\n(1) The holder of an ONLF licence must not take fish under the licence\nexcept in the Off-shore Net and Line Fishery area.\n(1B) An Off-shore Net and Line Fishery licensee must not take fish\nunder the licence unless the licensee has a quota unit that gives the\nlicensee the right to do so.\nNote for subregulation (1B)\nBecause of regulation 96CI(1)(b), regulation 96CI applies if a licensee\ncontravenes this subregulation.\n\nFisheries Regulations 1992 79\n(2) An Off-shore Net and Line Fishery licensee may, during a voyage,\ntake as by-catch:\n(a) 30 Spanish mackerel, trunked or retained as whole fish; and\n(b) for each tonne of grey mackerel taken by the licensee during\nthe voyage – not more than an additional 10 Spanish\nmackerel, trunked or retained as whole fish; and\n(ba) 5 black jewfish, trunked or retained as whole fish; and\n(c) 50 kg of snapper.\n(2A) An Off-shore Net and Line Fishery licensee must not take Spanish\nmackerel, black jewfish or snapper other than in accordance with\n(3) An Off-shore Net and Line Fishery licensee must not take\nbarramundi, king threadfin or mud crab (each a no-take species)\nunder the licence.\n","sortOrder":121},{"sectionNumber":"100","sectionType":"section","heading":"Fishing gear","content":"100 Fishing gear\n(1) An Off-shore Net and Line Fishery licensee must not use under the\nlicence fishing gear other than:\n(a) demersal long-line and gaff in the area extending seaward\nfrom an imaginary line following the low water mark to the\nouter boundary of the Australian fishing zone; and\n(b) pelagic long-line in the area extending seaward from an\nimaginary line following the coastline 3 nautical miles seaward\nfrom the baseline to the outer boundary of the Australian\nfishing zone; and\n(c) pelagic net in the area extending seaward from an imaginary\nline following the coastline 2 nautical miles seaward from the\nlow water mark to the outer boundary of the Australian fishing\nzone.\n(4) The holder of an ONLF licence may only use demersal long-line or\npelagic long-line if the total length of all line used under the licence\nat the one time is not more than 15 nautical miles.\n(5) The holder of an ONLF licence must not use pelagic net within the\nMary River Fish Management Zone.\n\nFisheries Regulations 1992 80\n(6) An Off-shore Net and Line Fishery licensee must not have more\nthan 1 000 snoods on a vessel used under the licence.\n(7) An Off-shore Net and Line Fishery licensee must not have an\nauto-baiting device on a vessel used under the licence.\n","sortOrder":122},{"sectionNumber":"100A","sectionType":"section","heading":"Maintenance and operation of vessel monitoring system","content":"100A Maintenance and operation of vessel monitoring system\n(1) The holder of an ONLF licence must maintain the vessel monitoring\noperating at all times.\n(3) Subregulation (2) does not apply if the Joint Authority gives the\nholder written approval for the system not to be operating.\n(4) If the Joint Authority gives written approval under subregulation (3),\nthe holder must comply with all conditions, restrictions or limitations\nspecified in the approval.\n","sortOrder":123},{"sectionNumber":"100B","sectionType":"section","heading":"Navigating in Grey Mackerel Management Zones","content":"100B Navigating in Grey Mackerel Management Zones\n(1) The holder of an ONLF licence commits an offence if:\n(a) a vessel being used for fishing under the licence is navigated\nin a Grey Mackerel Management Zone; and\n(b) there is pelagic net on the vessel; and\n(c) the holder does not meet Grey Mackerel minimum quota units\nrelevant to the zone; and\n(d) information given by the vessel monitoring system fitted to the\nvessel shows that, at any time while moving in the\nmanagement zone the vessel travelled at a speed of less than\n5 nautical miles per hour as worked out under\nsubregulation (3).\n\nFisheries Regulations 1992 81\n(2) Subregulation (1) does not apply if:\n(a) the vessel travels at a speed of less than 5 nautical miles per\nhour only immediately before and after being stationary; or\n(b) the Joint Authority gives the holder approval for the vessel to\nbe navigated in the management zone and the vessel is\nnavigated in accordance with any instructions given by the\nJoint Authority.\n(3) For subregulation (1)(d), to work out a vessel's speed:\n(a) for each consecutive pair of points identified by the vessel\nmonitoring system fitted to the vessel, identify the shortest\ndistance between the pair of points in a straight line; and\n(b) divide the distance by the time taken by the vessel to travel\nbetween the two points.\n","sortOrder":124},{"sectionNumber":"100C","sectionType":"section","heading":"Minimum quota units to be held at start of voyage","content":"100C Minimum quota units to be held at start of voyage\n(1) The holder of an ONLF licence commits an offence if:\n(a) the holder takes fish under the licence using demersal\nlong-line or pelagic long-line methods during a voyage; and\n(i) 5 000 quota units for combined Blacktip Shark; and\n(ii) 1 600 quota units for Spot-tail Shark; and\n(iii) 4 700 quota units for combined Shark group; and\n(iv) 2 400 quota units for combined other Shark group\n(2) The holder of an ONLF licence commits an offence if:\n(a) the holder takes fish under the licence using pelagic net\nmethods during a voyage targeting Grey Mackerel; and\n(i) 2 700 quota units for Grey Mackerel, relevant to the\nmanagement zone from which the fish are to be taken;\nand\n\nFisheries Regulations 1992 82\n(ii) 1 050 quota units for combined Blacktip Shark; and\n(iii) 250 quota units for Spot-tail Shark; and\n(iv) 150 quota units for combined Shark group; and\n(v) 50 quota units for combined other Shark group species;\nand\n(vi) 300 quota units for combined fin fish species.\n(3) The holder of an ONLF licence commits an offence if:\n(a) the holder takes fish under the licence using pelagic net\nmethods during a voyage targeting sharks; and\n(i) 1 100 quota units for Grey Mackerel species relevant to\nthe management zone from which the fish are to be\ntaken; and\n(ii) 3 700 quota units for combined Blacktip Shark; and\n(iii) 800 quota units for Spot-tail Shark; and\n(iv) 600 quota units for combined Shark group; and\n(v) 150 quota units for combined other Shark group species;\nand\n(vi) 150 quota units for combined fin fish species.\n","sortOrder":125},{"sectionNumber":"100D","sectionType":"section","heading":"No fishing under another licence during voyage","content":"100D No fishing under another licence during voyage\n(1) The holder of an ONLF licence must not, during one voyage, take a\nfish under the licence and take a fish under any other licence.\n\nFisheries Regulations 1992 83\n","sortOrder":126},{"sectionNumber":"100E","sectionType":"section","heading":"Fish not to be moved between vessels","content":"100E Fish not to be moved between vessels\n(1) The holder of an ONLF licence must ensure a fish taken under the\n","sortOrder":127},{"sectionNumber":"100F","sectionType":"section","heading":"Processing at sea","content":"100F Processing at sea\n(1) The holder of an ONLF licence must ensure that all sharks are\nlanded with fins naturally attached.\n(2) Subregulation (1) does not prevent trunking of sharks.\n(3) However, for Hammerhead sharks the heads must remain attached\nto the body for accurate species identification when:\n(a) no fishing monitoring equipment is in place; and\n(b) 37 tonnes of Scalloped Hammerhead sharks have been taken\nin a licence year.\n(4) Subregulation (1) does not apply if the Joint Authority gives the\nholder written approval to land sharks without fins attached.\nHammerhead sharks means fish of the following species:\n(a) Sphyrna lewini;\n(b) Sphyrna mokarran.\nScalloped Hammerhead sharks means fish of the species\nSphyrna lewini.\n\nFisheries Regulations 1992 84\n","sortOrder":128},{"sectionNumber":"100G","sectionType":"section","heading":"Unloading fish","content":"100G Unloading fish\nThe holder of an ONLF licence must ensure that a fish taken under\nthe licence is unloaded from the vessel from which it was taken (or\nfrom the vessel to which the fish was moved if regulation 100E(2)\n(b) in the Gove port; or\n(c) if the Joint Authority has given the holder written approval for\n","sortOrder":129},{"sectionNumber":"100H","sectionType":"section","heading":"Weighing fish","content":"100H Weighing fish\n(1) The holder of an ONLF licence must ensure that fish taken under\nthe licence are weighed using scales that:\n(b) have been calibrated in accordance with regulation 100J(1)\n(2) If fish taken under an ONLF licence are not weighed at sea, they\nmust be weighed as soon as practicable after unloading.\n(3) If fish taken under an ONLF licence are weighed at sea:\n(a) the scales used must be certified motion compensated marine\n(b) the container into which the fish are placed must display a\nlabel showing the following information:\n(i) the date of packaging;\n(ii) the fish species;\n(iii) the nature of the product (for example, whether whole\nfish or trunked);\n(iv) the weight in kilograms;\n(v) the number of the licence under which the fish were\ntaken;\n\nFisheries Regulations 1992 85\n(vi) any other information specified by the Joint Authority.\n(4) The holder of an ONLF licence who contravenes\nsubregulation (3)(a) or (b) commits an offence.\n","sortOrder":130},{"sectionNumber":"100J","sectionType":"section","heading":"Calibration of scales","content":"100J Calibration of scales\n(1) The scales used under regulation 100H must be calibrated using a\nweight:\n(2) Within 7 days after a request by a Fisheries Officer, the holder of an\nONLF licence must produce to the Fisheries Officer the certificate\nof verification for a weight used by the holder to calibrate scales\nused under regulation 100H.\n","sortOrder":131},{"sectionNumber":"100K","sectionType":"section","heading":"Compulsory monitoring when certain gear on vessel","content":"100K Compulsory monitoring when certain gear on vessel\n(1) This regulation applies to the holder of an ONLF licence if:\n(b) demersal long-line or pelagic long-line will be on board the\nvessel used for the voyage.\n\nFisheries Regulations 1992 86\nvoyages during which demersal long-line or pelagic\nlong-line will be on board until the observer has been on\nof 700 revenue units per day that the observer is on board the\nholder from that subregulation.\n(6) The exemption mentioned in subregulation (5) must be in writing\nand relate to a specified period or voyage.\n","sortOrder":132},{"sectionNumber":"100L","sectionType":"section","heading":"Compulsory monitoring in other circumstances","content":"100L Compulsory monitoring in other circumstances\n(1) This regulation applies to the holder of an ONLF licence if the\nholder has taken fish under the licence during a voyage and either:\n(a) intends to unload the fish in a port other than Darwin port or\nGove port; or\n(b) has on the vessel a fin that is not naturally attached to the\nbody of a shark.\n(2) The holder must do the following, as appropriate:\n(a) give the Joint Authority at least 3 days notice of the holder's\nintention to unload at the other port;\n(b) notify the Joint Authority of the presence on board the vessel\nof the unattached fin.\n\nFisheries Regulations 1992 87\n(4) If notice is received under subregulation (2), the Joint Authority may\ngive the holder a notice requiring the holder to:\n(i) for the remainder of the voyage; and\n(ii) if the remainder of the voyage lasts less than 7 days –\nfor subsequent voyages until the observer has been on\nof 700 revenue units per day that the observer is on board the\nholder from that subregulation.\n(6) The exemption mentioned in subregulation (5) must be in writing\nand relate to a specified period or voyage.\n","sortOrder":133},{"sectionNumber":"100M","sectionType":"section","heading":"Compulsory monitoring after offence committed or","content":"100M Compulsory monitoring after offence committed or\n(1) This regulation applies if the holder of an ONLF licence:\n(2) Without limiting regulation 100N, within 3 months after the date of\n(a) a monitoring equipment notice mentioned in subregulation (6);\n(b) an observer notice mentioned in subregulation (7).\n\nFisheries Regulations 1992 88\n(6) A monitoring equipment notice is a notice requiring the holder to do\nthe ONLF licence a vessel fitted with approved monitoring\n(7) An observer notice is a notice requiring the holder:\n(8) In this regulation:\nJoint Authority may give you a notice under regulation 100M(2) of\n\nFisheries Regulations 1992 89\nsubregulation (6)(b).\n","sortOrder":134},{"sectionNumber":"100N","sectionType":"section","heading":"Compulsory monitoring on notice","content":"100N Compulsory monitoring on notice\nholder of an ONLF licence to do one of the following in relation to\nthe next voyage undertaken by the holder during which the holder\n(2) If a notice is given under subregulation (1), the holder must not\n","sortOrder":135},{"sectionNumber":"100P","sectionType":"section","heading":"Approved monitoring equipment","content":"100P Approved monitoring equipment\n(1) The holder of an ONLF licence who is required to have approved\nmonitoring equipment on board a vessel must ensure that video\nfootage and other data is:\n(a) complete (no missing, edited or corrupt data); and\n(b) stamped with the date and time the footage or data is taken;\nand\n(c) stored on an appropriate data storage device on board the\nvessel; and\n(d) held for a minimum of 6 months; and\n(e) provided to the Joint Authority within 10 business days after\nreceiving a written request from the Joint Authority for the\nfootage and data to be provided.\n\nFisheries Regulations 1992 90\n(2) The holder of an ONLF licence who contravenes subregulation (1)\ncommits an offence.\n","sortOrder":136},{"sectionNumber":"101","sectionType":"section","heading":"Definitions","content":"101 Definitions\nDemersal Fishery area, see regulation 103(1).\nDF licence means a Demersal Fishery licence.\nfishery unit, see regulation 106(1).\nquota unit, see regulation 107B(1).\nAct in relation to the Demersal Fishery.\ntotal allowable catch, see regulation 107A.\ntrawl zones, see regulation 103(2).\n","sortOrder":137},{"sectionNumber":"102","sectionType":"section","heading":"Declaration of Demersal Fishery","content":"102 Declaration of Demersal Fishery\nshark and mud crab) by vertical line, drop line, finfish long-line,\nfish-trap, scoop net, gaff or finfish trawl gear in the Demersal\nFishery area is declared to be the Demersal Fishery.\n","sortOrder":138},{"sectionNumber":"103","sectionType":"section","heading":"Area of fishery","content":"103 Area of fishery\n(1) The Demersal Fishery area is the area extending seaward from an\nimaginary line that is 15 nautical miles from the low water mark and\nthat follows the coastline to the outer boundary of the Australian\nfishing zone, insofar as the waters are relevant waters, but\nexcluding the Timor Reef Fishery area.\n(2) Within the Demersal Fishery area there are two zones, Zones A\nand B (the trawl zones), in which finfish trawl gear can be used.\n(3) Zone A is the area bounded by a line:\n(a) commencing at the intersection by the parallel of latitude\n11° 00' south and the meridian of longitude 133° 16' east; and\n\nFisheries Regulations 1992 91\n(b) from there south-easterly along the geodesic to the point of\nlatitude 11° 25' south, longitude 134° 15' east; and\n(c) from there easterly along the parallel of latitude 11° 25' south\nto its intersection by the meridian of longitude 135° 35' east;\nand\n(d) from there north-easterly along the geodesic to the point of\nlatitude 11° 05' south, longitude 136° 10' east; and\n(e) from there north-easterly along the geodesic to the point of\nlatitude 10° 30' south, longitude 136° 40' east; and\n(f) from there south-easterly along the geodesic to the point of\nlatitude 11° 00' south, longitude 137° 05' east; and\n(g) from there south along the meridian of longitude 137° 05' east\nto its intersection by the parallel of latitude 11° 47' south; and\n(h) from there north-easterly along the geodesic between that\npoint and the point of latitude 11°10' south, longitude 141°00'\neast, to the intersection of that geodesic by the meridian of\nlongitude 137°30' east; and\n(i) from there south along that meridian to its intersection by the\nparallel of latitude 15°00' south; and\n(j) from there east along that parallel to its intersection by the\nboundary between the Territory and Queensland as specified\nin the Petroleum (Submerged Lands) Act 1967 (Cth) as in\nforce immediately before its repeal; and\n(k) from there north along that boundary to its intersection by the\nouter boundary of the Australian fishing zone; and\n(l) from there generally westerly along that outer boundary to its\nintersection by the meridian of longitude 133°16' east; and\n(m) from there south along that meridian to the point of\ncommencement.\n(4) Zone B is the area bounded by a line:\n(a) commencing at the intersection by the parallel of\nlatitude 13°00' south and the meridian of longitude 128°45'\neast; and\n(b) from there easterly along the geodesic to the point of\nlatitude 13°00' south, longitude 129°20' east; and\n\nFisheries Regulations 1992 92\n(c) from there northerly along the geodesic to the point of\nlatitude 12°30' south, longitude 129°20' east; and\n(d) from there westerly along the geodesic to the point of\nlatitude 12°30' south, longitude 129°10' east; and\n(e) from there northerly along the geodesic to the point of\nlatitude 11°45' south, longitude 129°10' east; and\n(f) from there westerly along the geodesic to the point of\nlatitude 11°45' south, longitude 128°06' east; and\n(g) from there southerly along the geodesic to the intersection by\nthe boundary between the Territory and Western Australia as\nspecified in the Petroleum (Submerged Lands) Act 1967 (Cth)\nas in force immediately before its repeal; and\n(h) from there generally south-easterly along that boundary\nbetween the Territory and Western Australia as specified in\nthe Petroleum (Submerged Lands) Act 1967 (Cth) as in force\nimmediately before its repeal; and to its intersection by the\nparallel of latitude 12°30' south; and\n(i) from there generally south-easterly along the geodesic to the\npoint of commencement.\nrelevant waters means waters relevant to the Territory within the\nmeaning of clause 2 of the arrangement made under Part 5 of the\nCommonwealth Act between the Commonwealth and the Territory\nin relation to the Demersal and Timor Reef Fishery on\nTimor Reef Fishery area means the area specified in\nregulation 141C.\n","sortOrder":139},{"sectionNumber":"104","sectionType":"section","heading":"DF licence","content":"104 DF licence\n(1) The holder of a DF licence may participate in the Demersal Fishery\nin accordance with this Division.\n(2) A DF licence cannot be transferred.\n\nFisheries Regulations 1992 93\n","sortOrder":140},{"sectionNumber":"105","sectionType":"section","heading":"Grant of DF licence","content":"105 Grant of DF licence\nThe Joint Authority may grant a DF licence to a person if:\nNote for regulation 105\nRegulation 224 also provides for the grant of DF licences.\n","sortOrder":141},{"sectionNumber":"106","sectionType":"section","heading":"Fishery units generally","content":"106 Fishery units generally\n(1) A fishery unit is a unit that entitles the holder of the DF licence to\nThe share is calculated under regulation 107C.\n(4) A fishery unit attached to a DF licence that is cancelled is taken to\n(5) A fishery unit attached to a DF licence that expires and is not\n","sortOrder":142},{"sectionNumber":"107","sectionType":"section","heading":"Total number of fishery units","content":"107 Total number of fishery units\nIn the Demersal Fishery there are a total of:\n(a) 400 000 fishery units for goldband snapper; and\n(b) 2 499 980 fishery units for red snapper; and\n(c) 914 960 fishery units for grouped fish.\n\nFisheries Regulations 1992 94\n","sortOrder":143},{"sectionNumber":"107A","sectionType":"section","heading":"Total allowable catch","content":"107A Total allowable catch\nThe total amount of fish that may be taken under all DF licences\n(a) 400 000 kg of goldband snapper;\n(b) 2 499 980 kg of red snapper;\n(c) 914 960 kg of grouped fish.\n","sortOrder":144},{"sectionNumber":"107B","sectionType":"section","heading":"Quota units generally","content":"107B Quota units generally\nholder of the DF licence to which the unit is attached to take 1 kg of\nthe species group to which the quota unit relates from the Demersal\nFishery area in accordance with this Division.\n(2) A quota unit is used when the holder of the DF licence to which the\nunit is attached uses the entitlement under the quota unit to take\n1 kg of the species group to which the quota unit relates from the\nDemersal Fishery area.\n(5) The Joint Authority must, if satisfied the holder of a DF licence has\nused one or more quota units attached to the licence:\nregulation 107D before cancelling any other quota units\n(b) the DF licence to which it is attached is cancelled.\n\nFisheries Regulations 1992 95\n","sortOrder":145},{"sectionNumber":"107C","sectionType":"section","heading":"Annual allocation of quota units","content":"107C Annual allocation of quota units\nDF licence to which fishery units are attached.\n(2) If a DF licence to which fishery units are attached is renewed after\nJoint Authority must allocate the number of quota units mentioned\nin subregulation (3) to the licence.\nallocated to the DF licence.\nattached to the DF licence on the date of the allocation before any\nas mentioned in regulation 107.\nallocate quota units to a DF licence in relation to which any fees are\ndue then, despite the subregulation:\n\nFisheries Regulations 1992 96\n","sortOrder":146},{"sectionNumber":"107D","sectionType":"section","heading":"Additional allocation of quota units for undercatch","content":"107D Additional allocation of quota units for undercatch\n(a) one or more eligible quota units attached to a DF licence\n(b) the licence is renewed the following licence year (the second\nyear).\n(2) The Joint Authority must allocate to the DF licence the number of\nquota units for each species group that is equal to the lesser of:\nA = (AQ + BQ - TQ) x 0.2\n(a) immediately after an allocation to the DF licence is made\nunder regulation 107C; or\n\nFisheries Regulations 1992 97\n(5) However, if under subregulation (4)(b) the Joint Authority is\nrequired to allocate quota units to a DF licence in relation to which\nany fees are due then, despite subregulation (4)(b), the Joint\nAuthority must not allocate the quota units to the licence until the\nfees are paid.\n(6) In this regulation:\n(a) quota units allocated to the DF licence under regulation 107C\nor 227; or\n(b) quota units allocated to another DF licence under\nregulation 107C or 227 and subsequently transferred to the\nholder of the DF licence.\n","sortOrder":147},{"sectionNumber":"107E","sectionType":"section","heading":"Notice of intention to fish","content":"107E Notice of intention to fish\n(1) This regulation applies to the holder of a DF licence who intends to\ntake fish under the licence during a voyage.\n(a) the holder's intention to take fish under the licence during the\n(d) the type of fishing gear the holder intends to use during the\n(e) any other information about the voyage required by the\n\nFisheries Regulations 1992 98\n","sortOrder":148},{"sectionNumber":"107F","sectionType":"section","heading":"Permitted fishing gear","content":"107F Permitted fishing gear\nThe holder of a DF licence must not use fishing gear other than any\nof the following, or an item ancillary to any of the following, to take\nfish under the licence:\n(a) vertical lines;\n(b) drop lines;\n(c) finfish long-lines;\n(d) fish-traps;\n(e) cast nets;\n(f) restricted bait nets;\n(g) scoop nets;\n(h) gaffs;\n(i) if an approval under regulation 107J applies to the holder –\nfinfish trawl gear.\n","sortOrder":149},{"sectionNumber":"107G","sectionType":"section","heading":"Use of cast net","content":"107G Use of cast net\nThe holder of a DF licence must not use a cast net to take fish or\naquatic life under the licence unless the fish or aquatic life are to be\nused as bait under the licence.\n","sortOrder":150},{"sectionNumber":"107H","sectionType":"section","heading":"Use of restricted bait net","content":"107H Use of restricted bait net\nThe holder of a DF licence must not leave a restricted bait net\nunattended while it is in use under the licence.\n","sortOrder":151},{"sectionNumber":"107J","sectionType":"section","heading":"Approval to use finfish trawl gear","content":"107J Approval to use finfish trawl gear\n(1) The holder of a DF licence may apply to the Joint Authority for\napproval to use finfish trawl gear under the licence during a\nparticular licence year.\n\nFisheries Regulations 1992 99\n(2) The Joint Authority must not grant the approval unless the DF\nlicence has attached to it at least:\n(a) 20 000 quota units for goldband snapper; and\n(b) 400 000 quota units for red snapper; and\n(c) 100 000 quota units for grouped fish.\n(3) If the Joint Authority grants the approval, the approval applies to the\nholder in relation to the DF licence until the end of the licence year\nin relation to which the approval is granted, unless it is sooner\nrevoked under subregulation (4).\n(4) The approval is revoked when quota units attached to the DF\nlicence are transferred if, immediately after the transfer, the number\nof quota units for each species group attached to the licence is not\nequal to or greater than the number of quota units mentioned in\n107K Use of finfish trawl gear or vessel with finfish trawl gear on\nboard\n(1) The holder of a DF licence must not do any of the following:\n(a) take finfish trawl gear onto, or keep finfish trawl gear on, a\nvessel other than the mother boat for the licence;\n(b) use finfish trawl gear from the mother boat for the licence\nwhile the vessel monitoring system fitted to the boat is not\noperating.\n(2) The holder of a DF licence must not use finfish trawl gear outside\nthe trawl zones.\n(3) The holder of a DF licence commits an offence if:\n(a) a vessel is being used for fishing under the licence; and\n(b) there is finfish trawl gear on the vessel; and\n(c) any of the following are also on the vessel:\n(i) vertical lines;\n(ii) drop lines;\n\nFisheries Regulations 1992 100\n(iii) finfish long-lines;\n(iv) fish-traps.\n(4) The holder of a DF licence commits an offence if:\n(a) a vessel being used for fishing under the licence is navigated\nin the prohibited area; and\n(b) there is finfish trawl gear on the vessel; and\n(c) information given by the vessel monitoring system fitted to the\nvessel shows that, at any time while moving in the prohibited\narea the vessel travelled at a speed of less than 5 nautical\nmiles per hour as worked out under subregulation (6).\n(5) Subregulation (4) does not apply if:\n(a) the vessel travels at a speed of less than 5 knots only\nimmediately before and after being stationary; or\n(b) the Joint Authority gives the holder approval for the vessel to\nbe navigated in the prohibited area and the vessel is\nnavigated in accordance with any instructions given by the\nJoint Authority.\n(6) For subregulation (4)(c), to work out a vessel's speed:\n(a) for each consecutive pair of points identified by the vessel\nmonitoring system fitted to the vessel, identify the shortest\ndistance between the pair of points in a straight line; and\n(b) divide the distance by the time taken by the vessel to travel\nbetween the two points.\nprohibited area means anywhere outside the Darwin port, Gove\nport and trawl zones.\n107KA Maintenance and operation of VMS\n(1) The holder of a DF licence must maintain the vessel monitoring\n\nFisheries Regulations 1992 101\noperating at all times unless the Joint Authority has given the holder\nwritten approval for the system not to be operating.\n","sortOrder":152},{"sectionNumber":"107L","sectionType":"section","heading":"Minimum quota units to be held at start of voyage","content":"107L Minimum quota units to be held at start of voyage\n(1) The holder of a DF licence commits an offence if:\n(i) 5 350 quota units for goldband snapper; and\n(ii) 4 900 quota units for red snapper; and\n(iii) 650 quota units for grouped fish.\n(2) The holder of a DF licence commits an offence if:\n(b) at any time during the voyage there are finfish long-lines or\nfish-traps on the vessel used for the voyage; and\n(i) 10 700 quota units for goldband snapper; and\n(ii) 9 800 quota units for red snapper; and\n(iii) 1 300 quota units for grouped fish.\n(3) The holder of a DF licence commits an offence if:\n(b) at any time during the voyage there is finfish trawl gear on the\nvessel used for the voyage; and\n\nFisheries Regulations 1992 102\n(i) 2 100 quota units for goldband snapper; and\n(ii) 39 150 quota units for red snapper; and\n(iii) 10 950 quota units for grouped fish.\n","sortOrder":153},{"sectionNumber":"107M","sectionType":"section","heading":"No fish on vessel at start of voyage","content":"107M No fish on vessel at start of voyage\n(1) The holder of a DF licence must ensure none of the following are\non board a vessel when a voyage is started if the holder intends to\ntake fish under the licence from the vessel during the voyage:\n(a) fish that is intended for sale;\n(b) more than 100 kg of fish that is not intended for sale\n(excluding bait).\n","sortOrder":154},{"sectionNumber":"107N","sectionType":"section","heading":"Fishing limited to entitlement under quota units","content":"107N Fishing limited to entitlement under quota units\nThe holder of a DF licence must not, while fishing under the licence,\ntake from the Demersal Fishery area an amount of a species group\nthat exceeds the amount the holder is entitled to take under the\nquota units attached to the licence.\n","sortOrder":155},{"sectionNumber":"107P","sectionType":"section","heading":"Certain fish not to be taken","content":"107P Certain fish not to be taken\n(1) Except as provided in subregulation (2), the holder of a DF licence\nmust not take barramundi, king threadfin, shark, Spanish mackerel\nor mud crab while fishing under the licence.\n(2) The holder of a DF licence to whom an approval under\nregulation 107J applies may take 50 Spanish mackerel during each\nvoyage undertaken under the licence in relation to which the\napproval was granted.\n\nFisheries Regulations 1992 103\n","sortOrder":156},{"sectionNumber":"107Q","sectionType":"section","heading":"No fishing under another licence during voyage","content":"107Q No fishing under another licence during voyage\n(1) The holder of a DF licence must not, during one voyage, take a fish\nunder the licence and take a fish under any other licence.\n","sortOrder":157},{"sectionNumber":"107R","sectionType":"section","heading":"Fish not to be moved between vessels","content":"107R Fish not to be moved between vessels\n(1) The holder of a DF licence must ensure a fish taken under the\n","sortOrder":158},{"sectionNumber":"107S","sectionType":"section","heading":"Fish not to be processed before unloading","content":"107S Fish not to be processed before unloading\n(1) The holder of a DF licence must ensure a fish taken under the\nlicence is not processed before it is unloaded from the vessel from\nwhich it was taken.\n(2) Despite subregulation (1), fish taken under the DF licence may be\npreserved by cooling.\n(3) Subregulation (1) does not apply if the Joint Authority gives the\nholder written approval to process the fish.\n","sortOrder":159},{"sectionNumber":"107T","sectionType":"section","heading":"Prior landing notice","content":"107T Prior landing notice\n(1) This regulation applies to the holder of a DF licence who:\n(a) during a voyage, has taken fish under the licence; or\n(b) under regulation 107E(2) has notified the Director of an\nintention to take fish under the licence during a voyage.\n(2) Between 12 and 24 hours before the vessel used for the voyage is\ndue to land, the holder must notify the Director of the following:\n(a) the time the vessel is estimated to land;\n(b) the place the vessel will land;\n\nFisheries Regulations 1992 104\n(c) any other information required by the Director.\n","sortOrder":160},{"sectionNumber":"107U","sectionType":"section","heading":"Unloading fish","content":"107U Unloading fish\nThe holder of a DF licence must ensure that a fish taken under the\nlicence is unloaded from the vessel from which it was taken (or from\nthe vessel to which the fish was moved if regulation 107R(2)\n(b) in the Gove port; or\n(c) if the Joint Authority has given the holder written approval for\n","sortOrder":161},{"sectionNumber":"107V","sectionType":"section","heading":"Weighing fish","content":"107V Weighing fish\n(1) The holder of a DF licence must ensure that, immediately after fish\ntaken under the licence are unloaded, the fish are weighed using\nscales that:\n\nFisheries Regulations 1992 105\nDF licence must produce to the Fisheries Officer the certificate of\n","sortOrder":162},{"sectionNumber":"107W","sectionType":"section","heading":"Unload notice","content":"107W Unload notice\n(1) The holder of a DF licence must, within 1 hour of unloading fish\ntaken under the licence, notify the Director of the following:\n(a) the time the fish were unloaded;\n(b) the place the fish were unloaded;\n(c) the amount in kilograms of each species group unloaded, as\ndetermined under regulation 107V(1);\n(d) the place to which the fish will be moved;\n(e) the name of the person who will move the fish;\n(f) the name of the licensee who has purchased the fish;\n(g) any other information required by the Director.\n(2) The notice may be given orally.\n","sortOrder":163},{"sectionNumber":"107X","sectionType":"section","heading":"Compulsory monitoring when certain gear on vessel","content":"107X Compulsory monitoring when certain gear on vessel\n(1) This regulation applies to the holder of a DF licence if:\n(b) a finfish long-line or finfish trawl gear will be on board the\nvessel used for the voyage.\n\nFisheries Regulations 1992 106\nvoyages during which a finfish long-line or finfish trawl\ngear will be on board until the observer has been on\nof 700 revenue units per day of the voyage.\nholder from the subregulation.\n(6) The exemption must be in writing and relate to a specified period or\n","sortOrder":164},{"sectionNumber":"107Y","sectionType":"section","heading":"Compulsory monitoring after offence committed or","content":"107Y Compulsory monitoring after offence committed or\n(1) This regulation applies if the holder of a DF licence:\n(2) Without limiting regulation 107Z, within 3 months after the date of\n(a) a monitoring equipment notice mentioned in subregulation (6);\n\nFisheries Regulations 1992 107\n(b) an observer notice mentioned in subregulation (7).\n(6) A monitoring equipment notice is a notice requiring the holder to do\nthe DF licence a vessel fitted with approved monitoring\n(7) An observer notice is a notice requiring the holder:\n\nFisheries Regulations 1992 108\n(8) In this regulation:\nJoint Authority may give you a notice under regulation 107Y(2) of\nsubregulation (6)(b).\n","sortOrder":165},{"sectionNumber":"107Z","sectionType":"section","heading":"Compulsory monitoring on notice","content":"107Z Compulsory monitoring on notice\nholder of a DF licence to do one of the following in relation to the\nnext voyage undertaken by the holder during which the holder\n","sortOrder":166},{"sectionNumber":"108","sectionType":"section","heading":"Application for transfer and approval by Joint Authority","content":"108 Application for transfer and approval by Joint Authority\n(1) The holder of a DF licence may apply to the Joint Authority for\n(a) the holder of a DF licence; or\n(b) an applicant for, or person who intends to apply for, a DF\n\nFisheries Regulations 1992 109\nsuspended DF licence.\n","sortOrder":167},{"sectionNumber":"108A","sectionType":"section","heading":"Effective date of transfer","content":"108A Effective date of transfer\nfishery units or quota units to the holder of a DF licence, the\nintends to apply for, a DF licence:\ngranted a DF licence within 14 days after the date the\n","sortOrder":168},{"sectionNumber":"108B","sectionType":"section","heading":"Sale or transfer of fishery units by Territory","content":"108B Sale or transfer of fishery units by Territory\nThe Territory may sell or transfer to the holder of a DF licence\n","sortOrder":169},{"sectionNumber":"108C","sectionType":"section","heading":"Allocation of fishery units or quota units","content":"108C Allocation of fishery units or quota units\n(1) An allocation of fishery units or quota units to a DF licence is made\nby the Joint Authority entering in the register the number of fishery\nunits or quota units that are allocated to the licence.\n(2) Within 7 days after making an allocation to a DF licence, the Joint\nAuthority must give the holder of the licence written notice of the\n\nFisheries Regulations 1992 110\n","sortOrder":170},{"sectionNumber":"108D","sectionType":"section","heading":"Transfer of fishery units or quota units","content":"108D Transfer of fishery units or quota units\ntakes effect or is taken to have occurred under regulation 106, the\n(a) are no longer attached to the DF licence from which they were\ntransferred or, if transferred by the Territory, are no longer\nheld by the Territory; and\n(b) are attached to the transferee's DF licence or, if transferred to\nthe Territory, are held by the Territory.\n","sortOrder":171},{"sectionNumber":"108E","sectionType":"section","heading":"Cancellation of quota units","content":"108E Cancellation of quota units\n(2) Within 7 days after cancelling a quota unit attached to a DF licence,\nthe Joint Authority must give the holder of the licence written notice\nof the cancellation.\n(3) If a quota unit is taken to be cancelled under regulation 107B, the\n","sortOrder":172},{"sectionNumber":"109","sectionType":"section","heading":"Number of licences","content":"109 Number of licences\n(1) The Director must not grant a Barramundi Fishery licence.\n(2) The Director may renew a licence in accordance with the\nBarramundi Fishery Management Plan 1998 approved on\n24 January 1991 and published in Gazette No. S5 on\n31 January 1991, as amended from time to time.\n110 Transfer of licence\n(1) A Barramundi Fishery licence may be transferred, with all units of\ngill net specified on the licence under the Barramundi Fishery\nManagement Plan 1998, to another person.\n\nFisheries Regulations 1992 111\n(2) Subregulation (1) does not apply to the transfer of gill net to the\nTerritory.\nDivision 8 Mud Crab Fishery\n111 Declaration of fishery\nThe industry of taking mud crab is declared to be the Mud Crab\nDivision 9 Mollusc Fishery\n115 Declaration of fishery\nThe industry of taking fish of the Class Mollusca, other than\ncephalopods and bivalves of the Genus Pinctada, is hereby\ndeclared to be the Mollusc Fishery.\n","sortOrder":173},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"117 Definitions\nallocation, in relation to a Pearl Oyster Fishery licensee, means\nthe number of pearl oyster fishing units allocated to him or her\nunder regulation 122E for a licensing year.\nCommittee means the Northern Territory Pearl Industry Advisory\nCommittee established under section 24 of the Act.\nhalf pearl means the concretion formed on the inner surface of\neither valve of a pearl oyster as a result of a person adhering an\nobject permanently to that surface.\nholding area means a site at which, under a Pearl Oyster Culture\nIndustry licence, pearl oysters taken from the wild or produced in a\nhatchery are held for seeding and related operations.\nlicensing year means a calendar year.\nmother-of-pearl means the smooth, shining, iridescent substance\nforming the inner layers of the shell of a pearl oyster.\npearl includes a whole, half, baroque, seedless or blister pearl from\na pearl oyster, whether the pearl is natural or cultured.\n\nFisheries Regulations 1992 112\npearl culture unit means a pearl oyster fishing unit or a pearl\noyster hatchery unit.\npearl farm lease means a lease granted to a licensee under\nsection 55 of the Act for the purposes of a Pearl Oyster Culture\nindustry licence.\npearl oyster means an oyster of the genus Pinctada and includes:\n(a) a part of a pearl oyster; and\n(b) pearl oyster spat.\nPearl Oyster Culture Industry means the managed fishery\nrelating to:\n(a) the holding, culturing and sale of production from wildstock or\nhatchery produced pearl oysters; and\n(b) activities associated with the activities specified in\nparagraph (a);\ndeclared by notice in Gazette No. G28 of 17 July 1991 at page 2.\nPearl Oyster Culture Industry Management Plan means the\nfishery management plan in force in respect of the Pearl Oyster\nCulture Industry.\npearl oyster dump site means a site where pearl oysters taken\nfrom the wild are placed and held before movement to a holding\narea or a pearl farm lease, but does not include an area of land\nheld under a pearl farm lease.\npearl oyster fishing unit has the meaning it has in\nregulation 122D(2).\npearl oyster hatchery unit has the meaning it has in the Pearl\nOyster Culture Industry Management Plan.\ntake includes sever, remove, damage, destroy or otherwise\ndisplace a pearl oyster from the wild but does not include the taking\nof a pearl oyster from a pearl oyster dump site, holding area or an\narea of land held under a pearl farm lease.\ntotal allowable catch has the meaning it has in regulation 122C(1).\n\nFisheries Regulations 1992 113\n","sortOrder":174},{"sectionNumber":"118","sectionType":"section","heading":"Declaration of Pearl Oyster Fishery","content":"118 Declaration of Pearl Oyster Fishery\nThe industry of taking, harvesting, transporting from the wild,\nholding or selling species of bivalves of the genus Pinctada (pearl\noysters) is the Pearl Oyster Fishery.\n","sortOrder":175},{"sectionNumber":"119","sectionType":"section","heading":"Use and sale of pearl oysters","content":"119 Use and sale of pearl oysters\nA Pearl Oyster Fishery licensee may do any of the following:\n(a) subject to this Division, take pearl oysters;\n(b) use in accordance with a Pearl Oyster Culture Industry\nlicence, pearl oysters taken in accordance with the Pearl\nOyster Fishery licence;\n(c) sell pearls;\n(d) sell pearl meat;\n(e) sell pearl oysters for their mother-of-pearl content;\n(f) subject to this Division, transfer pearl oysters to another Pearl\nOyster Fishery licensee.\n","sortOrder":176},{"sectionNumber":"120","sectionType":"section","heading":"Grant of licence","content":"120 Grant of licence\n(1) The Director may not grant a Pearl Oyster Fishery licence to a\nperson unless:\n(a) the person holds a Pearl Oyster Culture Industry licence; and\n(b) the Director has approved the permanent transfer to the\nperson of 20 pearl culture units in accordance with\n(2) For subregulation (1), the 20 pearl culture units may be comprised\nof:\n(a) pearl oyster fishing units permanently transferred under\nSubdivision 5; or\n(b) a combination of pearl oyster fishing units permanently\ntransferred under Subdivision 5 and pearl oyster hatchery\nunits permanently transferred under Part 4 of the Pearl Oyster\nCulture Industry Management Plan 1998, providing that at\nleast 5 of the pearl culture units are pearl oyster fishing units.\n\nFisheries Regulations 1992 114\n","sortOrder":177},{"sectionNumber":"121","sectionType":"section","heading":"Renewal of licence","content":"121 Renewal of licence\n(1) The Director may renew a Pearl Oyster Fishery licence held by a\nperson only if the Director has renewed the person's Pearl Oyster\nCulture Industry licence.\n(2) Where the Director renews a Pearl Oyster Fishery licence, he or\nshe must specify on the licence:\n(a) the total allowable catch; and\n(b) the licensee's allocation of pearl oyster fishing units;\nfor the licensing year for which the licence is renewed.\n","sortOrder":178},{"sectionNumber":"122","sectionType":"section","heading":"Transfer of licence","content":"122 Transfer of licence\nThe Director may approve the transfer of a Pearl Oyster Fishery\nlicence to a person under the Act only if the Director has approved\nthe transfer to the person of a Pearl Oyster Culture Industry licence.\n","sortOrder":179},{"sectionNumber":"122A","sectionType":"section","heading":"Number of pearl oysters that may be taken","content":"122A Number of pearl oysters that may be taken\n(1) A Pearl Oyster Fishery licensee must not, during a licensing year,\ntake more than the number of pearl oysters represented by:\n(a) the licensee's allocation of pearl oyster fishing units for the\nlicensing year; and\n(b) pearl oyster fishing units transferred to the licensee by:\n(i) a permanent transfer during the licensing year, before\nthe pearl oysters are taken; or\n(ii) a temporary transfer that was in force at the time the\npearl oysters are taken;\nless the number, if any, of pearl oysters represented by pearl oyster\nfishing units that are:\n(c) permanently transferred by him or her to another person under\nthese Regulations during the licensing year; or\n(d) temporarily transferred by him or her to another person under\nthese Regulations under a transfer that is in force in the\nlicensing year.\n\nFisheries Regulations 1992 115\n(2) Subregulation (1) does not apply in relation to pearl oyster spat\ncollected under clause 9 of the Pearl Oyster Culture Industry\nManagement Plan 1998.\n","sortOrder":180},{"sectionNumber":"122B","sectionType":"section","heading":"Method of taking pearl oysters","content":"122B Method of taking pearl oysters\nA Pearl Oyster Fishery licensee may take pearl oysters only by\nhand harvest or by another method determined by the Director.\n","sortOrder":181},{"sectionNumber":"122C","sectionType":"section","heading":"Total allowable catch","content":"122C Total allowable catch\n(1) The Minister must, before the commencement of each licensing\nyear, determine the number, if any, of pearl oysters that may be\ntaken in the Pearl Oyster Fishery (in this regulation called the total\nallowable catch).\n(2) The Minister may, at any time during a licensing year, vary the total\nallowable catch for the licensing year.\n(3) The Minister may only vary the total allowable catch under\nsubregulation (2) if the Minister:\n(a) thinks it is necessary to do so for the management of the Pearl\nOyster Fishery; and\n(b) has consulted with the Committee as he or she thinks fit.\n(4) Where the Minister varies the total allowable catch under\nsubregulation (2) the Director must note the total allowable catch,\nas so varied, on each Pearl Oyster Fishery licence.\n(5) A Pearl Oyster Fishery licensee must, at the request of the Director,\nreturn his or her licence to the Director for the purposes of\n","sortOrder":182},{"sectionNumber":"122D","sectionType":"section","heading":"Pearl oyster fishing units","content":"122D Pearl oyster fishing units\n(1) The maximum number of pearl oyster fishing units is 120.\n(2) A pearl oyster fishing unit represents a right, during a licensing\nyear, to do one of the following:\n(a) take a number of pearl oysters from the wild that represents a\none hundred and twentieth part of the total allowable catch for\nthe licensing year;\n(b) under a Pearl Oyster Culture Industry licence, seed in\naccordance with clause 11(1)(b) and (4) of the Pearl Oyster\n\nFisheries Regulations 1992 116\nCulture Industry Management Plan 1998 a number of pearl\noysters taken from the wild or from hatchery-produced spat\nthat represents a one hundred and twentieth part of the total\nallowable catch for the licensing year;\n(c) take a number of pearl oysters from the wild, and, under a\nPearl Oyster Culture Industry licence, seed in accordance with\nclause 11(1)(b) and (4) of the Pearl Oyster Culture Industry\nManagement Plan 1998 a number of pearl oysters taken from\nthe wild or from hatchery-produced spat, or both, where the\ntotal number of pearl oysters taken or seeded under this\nregulation is not more than the number that represents a one\nhundred and twentieth part of the total allowable catch for the\nlicensing year.\n","sortOrder":183},{"sectionNumber":"122E","sectionType":"section","heading":"Allocation of pearl oyster fishing units","content":"122E Allocation of pearl oyster fishing units\nSubject to this Division, the Director must, on the renewal of a Pearl\nOyster Fishery licence, allocate a number of pearl oyster fishing\nunits to the licensee for the licensing year for which the licence is\nrenewed, being comprised of:\n(a) the licensee's allocation of pearl oyster fishing units for the\nprevious licensing year; and\n(b) the number of pearl oyster fishing units, if any, permanently\ntransferred to him or her under these Regulations in the\nprevious licensing year;\nless the number of pearl oyster fishing units permanently\ntransferred by him or her to another person under these\nRegulations during the previous licensing year.\n","sortOrder":184},{"sectionNumber":"122F","sectionType":"section","heading":"Transfer of pearl oyster fishing unit must be in accordance","content":"122F Transfer of pearl oyster fishing unit must be in accordance\nwith this Division\nA pearl oyster fishing unit is not transferable except in accordance\nwith this Division.\n","sortOrder":185},{"sectionNumber":"122G","sectionType":"section","heading":"Application for transfer","content":"122G Application for transfer\n(1) A licensee may apply to the Director, in the approved form, to:\n(a) permanently or temporarily transfer a pearl oyster fishing unit\nto a Pearl Oyster Fishery licensee; or\n\nFisheries Regulations 1992 117\n(b) permanently transfer a pearl oyster fishing unit to an applicant\nfor, or a person who intends to apply for, a Pearl Oyster\nFishery licence.\n(2) A Pearl Oyster Fishery licensee must not, during a licensing year,\napply under subregulation (1) to transfer a pearl oyster fishing unit\nto a person if, were the transfer to be approved:\n(a) the number of pearl oysters that may during the licensing year\nbe taken under regulation 122A by the licensee; or\n(b) the number of pearl oysters that may during the licensing year\nbe seeded in accordance with clause 11(1)(b) of the Pearl\nOyster Culture Industry Management Plan 1998 by the\nlicensee,\nwould be less than the number of pearl oysters taken or seeded by\nthe licensee during the licensing year.\n","sortOrder":186},{"sectionNumber":"122H","sectionType":"section","heading":"Director must approve or refuse application","content":"122H Director must approve or refuse application\n(1) The Director must approve or refuse to approve an application\nunder regulation 122G(1).\n(2) The Director must notify the applicant in writing of the Director's\ndecision under subregulation (1).\n","sortOrder":187},{"sectionNumber":"122J","sectionType":"section","heading":"Commencement and duration of transfer","content":"122J Commencement and duration of transfer\n(1) Where the Director approves an application under\nregulation 122G(1)(a) for the transfer of a pearl oyster fishing unit to\na licensee, the transfer takes effect on the day specified in the\ntransfer.\n(2) Where the Director approves an application under\nregulation 122G(1)(b) for the transfer of a pearl oyster fishing unit to\nan applicant for, or a person who intends to apply for, a Pearl\nOyster Fishery licence, the transfer takes effect on the grant of the\nlicence to the person.\n(3) A temporary transfer of a pearl oyster fishery unit remains in force\nuntil the expiration of 30 June of the licensing year specified in the\ntransfer to be the last year for which the transfer remains in force.\n","sortOrder":188},{"sectionNumber":"122K","sectionType":"section","heading":"Where units transferred to licensee","content":"122K Where units transferred to licensee\nWhere the Director approves an application under\nregulation 122G(1)(a) for the transfer of one or more pearl oyster\nfishing units to a licensee, the Director must specify the number of\nunits transferred on the Pearl Oyster Fishery licences of both the\n\nFisheries Regulations 1992 118\ntransferor and the transferee.\n","sortOrder":189},{"sectionNumber":"122L","sectionType":"section","heading":"Where units transferred to person who intends to apply for","content":"122L Where units transferred to person who intends to apply for\nlicence\n(1) Where the Director approves an application under\nregulation 122G(1)(b) for the transfer of one or more pearl oyster\nfishing units to an applicant for, or a person who intends to apply\nfor, a Pearl Oyster Fishery licence, the Director must specify on the\ntransferor's Pearl Oyster Fishery licence the number of units to be\ntransferred from the licensee on the grant of the licence to the\n(2) Where the Director approves and application under\nregulation 122G(1)(b) for the transfer of one or more pearl oyster\nfishing units to an applicant for, or a person who intends to apply\nfor, a Pearl Oyster Fishery licence, the Director must specify on the\nPearl Oyster Fishery licence granted to the person:\n(a) the number of pearl oyster fishing units permanently\ntransferred to him or her on the grant of the licence; and\n(b) the total allowable catch on respect of the licensing year in\nwhich the pearl oyster fishing units are transferred.\n","sortOrder":190},{"sectionNumber":"122M","sectionType":"section","heading":"Licence revoked if minimum number of pearl culture units not","content":"122M Licence revoked if minimum number of pearl culture units not\nheld after transfer\nWhere a Pearl Oyster Culture Industry licence held by a person is\nrevoked under regulation 180, his or her Pearl Oyster Fishery\nlicence is, by force of this regulation, revoked.\n","sortOrder":191},{"sectionNumber":"122N","sectionType":"section","heading":"Transfer of pearl oysters","content":"122N Transfer of pearl oysters\nA Pearl Oyster Fishery licensee must not transfer pearl oysters to\nanother person except in accordance with the Pearl Oyster Culture\nIndustry Management Plan 1998.\n","sortOrder":192},{"sectionNumber":"122P","sectionType":"section","heading":"Pearl oyster fishery dump sites","content":"122P Pearl oyster fishery dump sites\n(1) A Pearl Oyster Fishery licensee may place on a pearl oyster dump\nsite pearl oysters taken under the Pearl Oyster Fishery licence.\n(2) The licensee must inform the Director, in writing, of the location of a\npearl oyster dump site within 7 days after establishing it.\n\nFisheries Regulations 1992 119\n","sortOrder":193},{"sectionNumber":"122Q","sectionType":"section","heading":"Licensee must permit inspection of pearl oysters","content":"122Q Licensee must permit inspection of pearl oysters\nIt is a condition of a Pearl Oyster Fishery licence that the licensee\nmust permit the inspection, by a person authorised in writing by the\nDirector, of all pearl oysters in the possession of the licensee.\n","sortOrder":194},{"sectionNumber":"122R","sectionType":"section","heading":"No unauthorised removal of pearl oysters","content":"122R No unauthorised removal of pearl oysters\nA Pearl Oyster Fishery licensee or a Pearl Oyster Culture Industry\nlicensee must not remove a pearl oyster from:\n(a) a pearl oyster dump site; or\n(b) a holding area; or\n(c) an area of land to which a pearl farm lease relates;\nexcept with the consent of the holder of the licence to which the\nsite, area or farm relates.\n","sortOrder":195},{"sectionNumber":"129","sectionType":"section","heading":"Declaration of fishery","content":"129 Declaration of fishery\nThe industry of collecting live fish and aquatic life for the purpose of\nsale and display in aquariums is hereby declared to be the\nAquarium Fishing/Display Fishery.\n","sortOrder":196},{"sectionNumber":"130","sectionType":"section","heading":"Number of licences","content":"130 Number of licences\nThe Director must not grant more than 12 Aquarium Fishing/Display\nFishery licences.\n","sortOrder":197},{"sectionNumber":"131","sectionType":"section","heading":"Area of fishery","content":"131 Area of fishery\nThe Aquarium Fishing/Display Fishery area is all inland waters and\nwaters seaward from the coastline to the outer boundary of the\nAustralian fishing zone.\n","sortOrder":198},{"sectionNumber":"132","sectionType":"section","heading":"Purchase or sale of fish","content":"132 Purchase or sale of fish\n(1) An Aquarium Fishing/Display Fishery licensee must not under the\nlicence:\n(a) take other than live fish or aquatic life; or\n(b) except with the approval of the Director, take barramundi,\nSpanish mackerel, mud crab or organisms of the species\nMacrobrachium or the species Cherax; or\n\nFisheries Regulations 1992 120\n(c) buy fish or aquatic life other than from an Aquaculture\nlicensee, Ornamental Aquaculture licensee, Aboriginal Coastal\nlicensee or Aquarium Fishing/Display Fishery licensee; or\n(d) take broodstock for sale to an Aquaculture licensee or\nOrnamental Aquaculture licensee except with the approval of\nthe Director.\n(2) An Aquarium Fishing/Display Fishery licensee may display and sell\nlive fish or aquatic life taken in the Territory or imported into the\nTerritory under a permit granted in accordance with the Act.\n(3) An Aquarium Fishing/Display Fishery licensee must not sell fish for\nhuman consumption or for use as bait.\n","sortOrder":199},{"sectionNumber":"133","sectionType":"section","heading":"Fishing gear","content":"133 Fishing gear\nAn Aquarium Fishing/Display Fishery licensee shall not use gear\nother than gear, such as a cast net, a scoop net, a hand pump or a\nfreshwater pot, approved by the Director for the purposes of the\nlicence and where directions in respect of such implements are\ngiven by the Director, shall use them only in accordance with those\ndirections.\n134 Declaration of fishery\nThe industry of taking trepang is hereby declared to be the Trepang\n135 Number of licences\nThe Director must not grant more than 6 Trepang Fishery licences.\n135A Transfer of licences\nA person who holds a Trepang Fishery licence may transfer the\n136 Area of fishery\nThe Trepang Fishery area is the area extending seaward from the\nhigh water mark of the coastline to an imaginary line 3 nautical\nmiles seaward from the baseline.\n\nFisheries Regulations 1992 121\n","sortOrder":200},{"sectionNumber":"137","sectionType":"section","heading":"Fishing gear","content":"137 Fishing gear\nA Trepang Fishery licensee shall not, under the licence, use fishing\ngear other than hand-held implements, and, where directions in\nrespect of such implements are given by the Director, shall use\nthem only in accordance with those directions.\n","sortOrder":201},{"sectionNumber":"138","sectionType":"section","heading":"Licence required to trial gear or fishing methods","content":"138 Licence required to trial gear or fishing methods\nFor section 10(1)(f) of the Act, the carrying out of trials and\nexperiments with fishing gear or new methods of fishing is able to\nbe done only under a licence.\n","sortOrder":202},{"sectionNumber":"139","sectionType":"section","heading":"Director may grant licence","content":"139 Director may grant licence\nThe Director may grant a Development Fishery licence to permit:\n(a) the carrying out of trials or experiments with fishing gear or\nnew methods of using fishing gear; and\n(b) the taking of a specific species of fish or aquatic life for sale;\nand\n(c) the taking, for sale, of fish or aquatic life from specific areas.\n","sortOrder":203},{"sectionNumber":"140","sectionType":"section","heading":"Period of licence &c.","content":"140 Period of licence &c.\nA Development Fishery licence:\n(a) must not be granted for a period of more than one year; and\n(b) must not be renewed more than 4 times; and\n(c) gives the holder of the licence no interest in, right to, or\nlegitimate expectation of an interest in or a right to, the grant\nof another commercial fishing licence.\n","sortOrder":204},{"sectionNumber":"141","sectionType":"section","heading":"No transfer of licence","content":"141 No transfer of licence\nA Development Fishery licensee shall not transfer his or her\n\nFisheries Regulations 1992 122\n","sortOrder":205},{"sectionNumber":"141A","sectionType":"section","heading":"Definitions","content":"141A Definitions\nfishery unit, see regulation 141F(1).\nquota unit, see regulation 141J(1).\nAct in relation to the Timor Reef Fishery.\ntotal allowable catch, see regulation 141H.\nTRF area means the Timor Reef Fishery area specified in\nregulation 141C.\nTRF licence means a Timor Reef Fishery licence.\n","sortOrder":206},{"sectionNumber":"141B","sectionType":"section","heading":"Declaration of Timor Reef Fishery","content":"141B Declaration of Timor Reef Fishery\nThe industry of taking fin fish (other than barramundi, threadfin\nsalmon, spanish mackerel, shark or mud crab) by vertical line, drop\nline attached to or free from a vessel, finfish long-line, fish-trap,\nscoop net or gaff in the TRF area, is hereby declared to be the\nTimor Reef Fishery.\n","sortOrder":207},{"sectionNumber":"141C","sectionType":"section","heading":"Area of fishery","content":"141C Area of fishery\nThe Timor Reef Fishery area is the area of the sea bounded by a\nline:\n(a) commencing at the point of intersection of the meridian of\nlongitude 131 o east and the parallel of latitude 10 o 30' south;\nand\n(b) from there west along the parallel 10 o 30' south to its\nintersection by the meridian of longitude 129 o 40' east; and\n(c) from there south along that meridian to its intersection by the\nparallel of latitude 11 o south; and\n(d) from there west along the parallel of latitude 11 o south to its\nintersection by the outer boundary of the Australian fishing\nzone; and\n\nFisheries Regulations 1992 123\n(e) from there generally north-easterly along the outer boundary\nof the Australian fishing zone to its intersection by the\nmeridian of longitude 131 o east; and\n(f) from there south along that meridian to its intersection by the\nparallel of latitude 10 o 30' south.\n","sortOrder":208},{"sectionNumber":"141D","sectionType":"section","heading":"TRF licence","content":"141D TRF licence\n(1) The holder of a TRF licence may participate in the Timor Reef\nFishery in accordance with this Division.\n(2) A TRF licence cannot be transferred.\n","sortOrder":209},{"sectionNumber":"141E","sectionType":"section","heading":"Grant of TRF licence","content":"141E Grant of TRF licence\nThe Joint Authority may grant a TRF licence to a person if:\nNote for regulation 141E\nRegulation 218 also provides for the grant of TRF licences.\n","sortOrder":210},{"sectionNumber":"141F","sectionType":"section","heading":"Fishery units generally","content":"141F Fishery units generally\n(1) A fishery unit is a unit that entitles the holder of the TRF licence to\n(4) A fishery unit attached to a TRF licence that is cancelled is taken to\n(5) A fishery unit attached to a TRF licence that expires and is not\n\nFisheries Regulations 1992 124\n","sortOrder":211},{"sectionNumber":"141G","sectionType":"section","heading":"Total number of fishery units","content":"141G Total number of fishery units\nIn the Timor Reef Fishery there are a total of:\n(a) 899 998 fishery units for goldband snapper; and\n(b) 1 300 002 fishery units for red snapper; and\n(c) 415 008 fishery units for grouped fish.\n","sortOrder":212},{"sectionNumber":"141H","sectionType":"section","heading":"Total allowable catch","content":"141H Total allowable catch\nThe total amount of fish that may be taken under all TRF licences\n(a) 899 998 kg of goldband snapper;\n(b) 1 300 002 kg of red snapper;\n(c) 415 008 kg of grouped fish.\n","sortOrder":213},{"sectionNumber":"141J","sectionType":"section","heading":"Quota units generally","content":"141J Quota units generally\nholder of the TRF licence to which the unit is attached to take 1 kg\nof the species group to which the quota unit relates from the TRF\narea in accordance with this Division.\n(2) A quota unit is used when the holder of the TRF licence to which\ntake 1 kg of the species group to which the quota unit relates from\nthe TRF area.\n(5) The Joint Authority must, if satisfied the holder of a TRF licence has\nused one or more quota units attached to the licence:\nregulation 141JB before cancelling any other quota units\n\nFisheries Regulations 1992 125\n(b) the TRF licence to which it is attached is cancelled.\n141JA Annual allocation of quota units\nnumber of quota units mentioned in subregulation (3) to each TRF\nlicence to which fishery units are attached.\n(2) If a TRF licence to which fishery units are attached is renewed after\nJoint Authority must allocate the number of quota units mentioned\nin subregulation (3) to the licence.\nallocated to the TRF licence.\nattached to the TRF licence on the date of the allocation before any\nas mentioned in regulation 141G.\nallocate quota units to a TRF licence in relation to which any fees\nare due then, despite the subregulation:\n\nFisheries Regulations 1992 126\n141JB Additional allocation of quota units for undercatch\n(a) one or more eligible quota units attached to a TRF licence\n(b) the licence is renewed the following licence year (the second\nyear).\n(2) The Joint Authority must allocate to the TRF licence the number of\nquota units for each species group that is equal to the lesser of:\nA = (AQ + BQ - TQ) x 0.2\n\nFisheries Regulations 1992 127\n(a) immediately after an allocation to the TRF licence is made\nunder regulation 141JA; or\n(5) However, if under subregulation (4)(b) the Joint Authority is\nrequired to allocate quota units to a TRF licence in relation to which\nany fees are due then, despite subregulation (4)(b), the Joint\nAuthority must not allocate the quota units to the licence until the\nfees are paid.\n(6) In this regulation:\n(a) quota units allocated to the TRF licence under\nregulation 141JA or 221; or\n(b) quota units allocated to another TRF licence under\nregulation 141JA or 221 and subsequently transferred to the\nholder of the TRF licence.\n141JC Notice of intention to fish\n(1) This regulation applies to the holder of a TRF licence who intends\nto take fish under the licence during a voyage.\n(a) the holder's intention to take fish under the licence during the\n(d) the type of fishing gear the holder intends to use during the\n(e) any other information about the voyage required by the\n\nFisheries Regulations 1992 128\n141JD Permitted fishing gear\n(1) The holder of a TRF licence must not use any fishing gear other\nthan the following to take fish under the licence:\n(a) vertical lines;\n(b) drop lines attached to or free from a vessel;\n(c) finfish long-lines;\n(d) fish-traps;\n(e) scoop nets;\n(f) gaffs.\n(2) The holder of a TRF licence must not use a fish-trap attached to\nanother fish-trap to take fish under the licence.\n141JDA Maintenance and operation of VMS\n(1) The holder of a TRF licence must maintain the vessel monitoring\noperating at all times unless the Joint Authority has given the holder\nwritten approval for the system not to be operating.\n141JE Minimum quota units to be held at start of voyage\n(1) The holder of a TRF licence commits an offence if:\n\nFisheries Regulations 1992 129\n(i) 6 200 quota units for goldband snapper; and\n(ii) 3 800 quota units for red snapper; and\n(iii) 1 000 quota units for grouped fish.\n(2) The holder of a TRF licence commits an offence if:\n(b) at any time during the voyage there are finfish long-lines or\nfish-traps on the vessel used for the voyage; and\n(i) 12 450 quota units for goldband snapper; and\n(ii) 7 650 quota units for red snapper; and\n(iii) 1 950 quota units for grouped fish.\n141JF No fish on vessel at start of voyage\nThe holder of a TRF licence must ensure none of the following are\non board a vessel when a voyage is started if the holder intends to\ntake fish under the licence from the vessel during the voyage:\n(a) fish that is intended for sale;\n(b) more than 100 kg of fish that is not intended for sale\n(excluding bait).\n141JG Fishing limited to entitlement under quota units\nThe holder of a TRF licence must not, while fishing under the\nlicence, take from the TRF area an amount of a species group that\nexceeds the amount the holder is entitled to take under the quota\nunits attached to the licence.\n\nFisheries Regulations 1992 130\n141JH Certain fish not to be taken\nThe holder of a TRF licence must not take barramundi, king\nthreadfin, Spanish mackerel, shark or mud crab while fishing under\n141JI No fishing under another licence during voyage\n(1) The holder of a TRF licence must not, during one voyage, take a\nfish under the licence and take a fish under any other licence.\n141JJ Fish not to be moved between vessels\n(1) The holder of a TRF licence must ensure a fish taken under the\n141JK Fish not to be processed before unloading\n(1) The holder of a TRF licence must ensure a fish taken under the\nlicence is not processed before it is unloaded from the vessel from\nwhich it was taken.\n(2) Despite subregulation (1), fish taken under the TRF licence may be\npreserved by cooling.\n(3) Subregulation (1) does not apply if the Joint Authority gives the\nholder written approval to process the fish.\n141JL Prior landing notice\n(1) This regulation applies to the holder of a TRF licence who:\n(a) during a voyage, has taken fish under the licence; or\n\nFisheries Regulations 1992 131\n(b) under regulation 141JC(2) has notified the Director of an\nintention to take fish under the licence during a voyage.\n(2) Between 12 and 24 hours before the vessel used for the voyage is\ndue to land at the Darwin port, the holder must notify the Director of\n(a) the time the vessel is estimated to land at the Darwin port;\n(b) the place the vessel will land;\n(c) any other information required by the Director.\n141JM Unloading fish\nThe holder of a TRF licence must ensure that a fish taken under the\nlicence is unloaded from the vessel from which it was taken (or from\nthe vessel to which the fish was moved if regulation 141JJ(2)\n(b) if the Joint Authority has given the holder written approval for\n141JN Weighing fish\n(1) The holder of a TRF licence must ensure that, immediately after\nfish taken under the licence are unloaded, the fish are weighed\nusing scales that:\n\nFisheries Regulations 1992 132\nTRF licence must produce to the Fisheries Officer the certificate of\n141JO Unload notice\n(1) The holder of a TRF licence must, within 1 hour of unloading fish\ntaken under the licence, notify the Director of the following:\n(a) the time the fish were unloaded;\n(b) the place the fish were unloaded;\n(c) the amount in kilograms of each species group unloaded, as\ndetermined under regulation 141JN(1);\n(d) the place to which the fish will be moved;\n(e) the name of the person who will move the fish;\n(f) the name of the licensee who has purchased the fish;\n(g) any other information required by the Director.\n(2) The notice may be given orally.\n141JP Compulsory monitoring when finfish long-line on vessel\n(1) This regulation applies to the holder of a TRF licence if:\n(b) a finfish long-line will be on board the vessel used for the\n\nFisheries Regulations 1992 133\nvoyages during which a finfish long-line will be on board\nuntil the observer has been on board for at least 7 days;\nand\nof 700 revenue units per day of the voyage.\nholder from the subregulation.\n(6) The exemption must be in writing and relate to a specified period or\n141JQ Compulsory monitoring after offence committed or\n(1) This regulation applies if the holder of a TRF licence:\n\nFisheries Regulations 1992 134\n(2) Without limiting regulation 141JR, within 3 months after the date of\n(a) a monitoring equipment notice mentioned in subregulation (5);\n(b) an observer notice mentioned in subregulation (6).\n(4A) Section 38(2)(b) of the Act applies to an offence against\n(5) A monitoring equipment notice is a notice requiring the holder to do\nthe TRF licence a vessel fitted with approved monitoring\n\nFisheries Regulations 1992 135\n(6) An observer notice is a notice requiring the holder:\nJoint Authority may give you a notice under regulation 141JQ(2) of\nsubregulation (5)(b).\n141JR Compulsory monitoring on notice\nholder of a TRF licence to do one of the following in relation to the\nnext voyage undertaken by the holder during which the holder\n\nFisheries Regulations 1992 136\n141JS Application for transfer and approval by Joint Authority\n(1) The holder of a TRF licence may apply to the Joint Authority for\n(a) the holder of a TRF licence; or\n(b) an applicant for, or person who intends to apply for, a TRF\nsuspended TRF licence.\n141JT Effective date of transfer\nfishery units or quota units to the holder of a TRF licence, the\nintends to apply for, a TRF licence:\ngranted a TRF licence within 14 days after the date the\n141JU Sale or transfer of fishery units by Territory\nThe Territory may sell or transfer to the holder of a TRF licence\n\nFisheries Regulations 1992 137\n141JV Allocation of fishery units or quota units\n(1) An allocation of fishery units or quota units to a TRF licence is\nmade by the Joint Authority entering in the register the number of\nfishery units or quota units that are allocated to the licence.\n(2) Within 7 days after making an allocation to a TRF licence, the Joint\nAuthority must give the holder of the licence written notice of the\n141JW Transfer of fishery units or quota units\ntakes effect or is taken to have occurred under regulation 141F, the\n(a) are no longer attached to the TRF licence from which they\n(b) are attached to the transferee's TRF licence or, if transferred\n141JX Cancellation of quota units\n(2) Within 7 days after cancelling a quota unit attached to a TRF\nlicence, the Joint Authority must give the holder of the licence\nwritten notice of the cancellation.\n(3) If a quota unit is taken to be cancelled under regulation 141J, the\n","sortOrder":214},{"sectionNumber":"141R","sectionType":"section","heading":"Declaration of Jigging Fishery","content":"141R Declaration of Jigging Fishery\nThe industry of taking squid by jigging gear is hereby declared to be\nthe Jigging Fishery.\n\nFisheries Regulations 1992 138\n","sortOrder":215},{"sectionNumber":"141S","sectionType":"section","heading":"Entry criteria","content":"141S Entry criteria\n(1) The Director shall not grant a Jigging Fishery licence other than to a\nperson who held, immediately before 3 February 1995, a permit\nissued under the Commonwealth Act entitling him or her to jig for\nsquid.\n(2) The Director shall grant a Jigging Fishery licence to each person\nwho held, immediately before 3 February 1995, a permit referred to\nin subregulation (1).\n","sortOrder":216},{"sectionNumber":"141T","sectionType":"section","heading":"Transfer of licence","content":"141T Transfer of licence\n(1) A Jigging Fishery licensee shall not transfer his or her licence.\n(2) Subregulation (1) does not apply in relation to a Jigging Fishery\nlicence in force immediately before 1 October 1997.\n","sortOrder":217},{"sectionNumber":"141U","sectionType":"section","heading":"Area of fishery","content":"141U Area of fishery\nThe Jigging Fishery area is the area extending seaward from an\nimaginary line following the coastline 3 nautical miles seaward from\nthe low water mark to the outer boundary of the Australian fishing\nzone.\n","sortOrder":218},{"sectionNumber":"141W","sectionType":"section","heading":"Fishing gear","content":"141W Fishing gear\nA Jigging Fishery licensee shall not use under the licence fishing\ngear other than jigging gear.\n","sortOrder":219},{"sectionNumber":"141Y","sectionType":"section","heading":"Certain fish not to be taken","content":"141Y Certain fish not to be taken\nA Jigging Fishery licensee must not take barramundi, king\nthreadfin, Spanish mackerel, shark, other fin fish or mud crab under\n","sortOrder":220},{"sectionNumber":"142","sectionType":"section","heading":"Application of Part","content":"142 Application of Part\nThis Part does not apply in respect of processed fish imported into\nthe Territory packaged for sale to a final consumer and marked with\nthe State, Territory or country from which the fish originated.\n\nFisheries Regulations 1992 139\n","sortOrder":221},{"sectionNumber":"143","sectionType":"section","heading":"Criteria for grant or renewal","content":"143 Criteria for grant or renewal\nan application for the grant or renewal of a Fish Trader/Processor\nlicence, a Fish Retailer licence or a Fish Broker licence include:\n(a) whether the applicant's financial resources are, in the opinion\nof the Director, sufficient to enable commercial use of the\n(b) whether the applicant has attained the age of 18 years; and\n(c) whether the applicant has all approvals required under any\nother Act of the Territory to conduct the operation; and\n(d) where an applicant has previously held a licence under this\nwithin the time prescribed or specified by the Director.\n","sortOrder":222},{"sectionNumber":"144","sectionType":"section","heading":"Application","content":"144 Application\nThe Director must not grant or renew a Fish Trader/Processor\nlicence or a Fish Retailer licence unless the application:\n(a) indicates the address of; and\n(b) is accompanied by documentary evidence of all approvals\nrequired under any Act of the Territory in order to lawfully\nprocess fish at;\nthe place at which the processing is to occur.\n","sortOrder":223},{"sectionNumber":"145","sectionType":"section","heading":"Place of processing","content":"145 Place of processing\n(1) The Director shall not grant a Fish Trader/Processor licence or Fish\nRetailer licence in respect of a domestic dwelling unless the\ndwelling:\n(a) conforms with the requirements of or under the Food Act 2004\nin respect of food processing; and\n(b) shall not contravene the development provisions, or an interim\ndevelopment control order, under the Planning Act 1999.\n(2) A Fish Trader/Processor licensee and a Fish Retailer licensee shall\ndisplay, in a prominent position at each of the places specified on\nthe licence, the number and expiry date of the licence.\n\nFisheries Regulations 1992 140\n(3) A Fish Trader/Processor licensee and a Fish Retailer licensee shall\nnot process fish for sale except at a place specified in the licence.\n","sortOrder":224},{"sectionNumber":"147","sectionType":"section","heading":"Sale of live fish to certain licensees prohibited","content":"147 Sale of live fish to certain licensees prohibited\n(1) A person who holds a licence for this Part, or an assistant, must not\nsell live fish or aquatic life to the holder of:\n(a) an Aquarium Fishing/Display Fishery licence; or\n(b) an Aquarium Trader licence; or\n(c) a Public Aquarium licence.\n(2) However, subregulation (1) does not apply if the purchaser\npurchases the fish or aquatic life for some purpose other than a\npurpose of the licence held by the purchaser.\n","sortOrder":225},{"sectionNumber":"148","sectionType":"section","heading":"Labelling of fish from aquaculture facility","content":"148 Labelling of fish from aquaculture facility\nThe holder of a licence for the purposes of this Part must ensure\nthat all fish for sale which the licensee purchases for sale from an\naquaculture facility have attached to them or are accompanied by a\nstatement indicating:\n(a) the number of the licence under which the fish were bred or\nheld; and\n(b) that the fish is the product of an aquaculture facility situated in\nthe Northern Territory; and\n(c) such other information as required by the Director;\nand must not sell such fish, other than fish forming part of a meal or\nsuch fish sold for use as bait, unless the fish is labelled in\naccordance with this regulation.\n","sortOrder":226},{"sectionNumber":"149","sectionType":"section","heading":"Fish on premises deemed to be for sale","content":"149 Fish on premises deemed to be for sale\nFish at a place specified on a licence shall be deemed to be fish for\nsale.\n","sortOrder":227},{"sectionNumber":"150","sectionType":"section","heading":"Fish Trader/Processor may process and resell","content":"150 Fish Trader/Processor may process and resell\nSubject to this Division, a Fish Trader/Processor licensee may\npurchase fish or aquatic life for processing and resale.\n\nFisheries Regulations 1992 141\n","sortOrder":228},{"sectionNumber":"151","sectionType":"section","heading":"Purchase of fish","content":"151 Purchase of fish\nA Fish Trader/Processor licensee must not purchase fish or aquatic\nlife for processing and resale except:\nthe Commonwealth, a State or another Territory; or\nlanding point of the fish or aquatic life, pursuant to a permit\ngranted under the Act; or\n","sortOrder":229},{"sectionNumber":"152","sectionType":"section","heading":"Export of food","content":"152 Export of food\nIf the place in respect of which a Fish Trader/Processor licence is\ngranted is permitted, licensed, registered, or otherwise certified\nunder an Act of the Commonwealth as approved premises for the\nproduction of food for export, the terms of that Act shall, in relation\nto standards of health and hygiene on those premises, apply to the\nexclusion of the Fisheries Act 1988, these Regulations or an\ninstrument of a legislative or administrative character made under\nthe Fisheries Act 1988, but shall not prevent the entry onto that\nplace of officers appointed under the Fisheries Act 1988.\n","sortOrder":230},{"sectionNumber":"154","sectionType":"section","heading":"Sale of fish","content":"154 Sale of fish\nA Fish Retailer licensee may process fish but shall not sell fish,\nwhether or not processed, except to a person not purchasing them\nfor the purpose of resale.\n","sortOrder":231},{"sectionNumber":"155","sectionType":"section","heading":"Purchase of fish","content":"155 Purchase of fish\nA Fish Retailer licensee must not purchase fish or aquatic life for\nresale except:\n\nFisheries Regulations 1992 142\nthe Commonwealth or a State or another Territory; or\nlanding point of the fish or aquatic life, under a permit granted\nunder the Act; or\n","sortOrder":232},{"sectionNumber":"156","sectionType":"section","heading":"Fish Broker licence","content":"156 Fish Broker licence\n(1) A Fish Broker licensee may purchase fish for re-sale and sell fish.\n(2) A Fish Broker licensee shall not process fish for sale.\n","sortOrder":233},{"sectionNumber":"157","sectionType":"section","heading":"Sale of fish","content":"157 Sale of fish\nA Fish Broker licensee must not sell fish except to:\n(a) the holder of a licence for the purposes of this Part; or\n(b) a person who holds an appropriate licence under a law of the\nCommonwealth or a State or another Territory; or\n(c) in accordance with an export permit granted under an Act of\nthe Commonwealth; or\n(d) an interstate or overseas purchaser.\n","sortOrder":234},{"sectionNumber":"158","sectionType":"section","heading":"Purchase of fish","content":"158 Purchase of fish\nA Fish Broker licensee must not purchase fish or aquatic life for\nresale except:\nthe Commonwealth, a State or another Territory; or\n\nFisheries Regulations 1992 143\nlanding point of the fish or aquatic life, under a permit granted\nunder the Act; or\n(e) from an interstate or overseas purchaser.\n","sortOrder":235},{"sectionNumber":"Div 5","sectionType":"division","heading":"Sale of fish from Demersal Fishery or Timor Reef","content":"Division 5 Sale of fish from Demersal Fishery or Timor Reef\nFishery\n","sortOrder":236},{"sectionNumber":"158A","sectionType":"section","heading":"Sale of fish to licence holder","content":"158A Sale of fish to licence holder\nThe holder of a Demersal Fishery licence or Timor Reef Fishery\nlicence must not sell fish taken under the licence to a person unless\nthe person holds one of the following licences:\n(a) Fish Broker licence;\n(b) Fish Retailer licence;\n(c) Fish Trader/Processor licence.\n","sortOrder":237},{"sectionNumber":"160","sectionType":"section","heading":"Criteria for grant or renewal","content":"160 Criteria for grant or renewal\nan application for the grant or renewal of a licence under this Part\ninclude:\n(a) whether the applicant's financial resources are, in the opinion\nof the Director, sufficient to enable commercial use of the\n(b) whether the applicant has attained the age of 18 years; and\n(c) whether the applicant has all approvals required under any\nother Act of the Territory to conduct the operation; and\n(d) where an applicant has previously held a licence under this\nwithin the time prescribed or specified by the Director; and\n(e) any other criteria set out in these Regulations in respect of the\n\nFisheries Regulations 1992 144\n","sortOrder":238},{"sectionNumber":"161","sectionType":"section","heading":"Application for licence","content":"161 Application for licence\nAn application for a licence in respect of this Part must contain:\n(a) details of the species, stage of life cycle and number of fish or\naquatic life that the applicant intends to stock or culture or\nintends to take or retain as broodstock; and\n(b) details of the gear that the applicant intends to use to take fish\nor aquatic life, other than gear used to take fish within the\naquaculture facility to which the application relates; and\n(c) plans relating to the construction, development or modification\nof an aquaculture facility to which the application relates; and\n(d) a proposed plan of operation in respect of the aquaculture\nfacility to which the application relates; and\n(e) approvals required under any another Act of the Territory for\nthe operation of the aquaculture facility to which the\napplication relates; and\n(f) details of the location of the aquaculture facility and of all\nplaces at which the applicant intends to breed, hold, rear,\nprocess or sell fish or aquatic life; and\n(g) such other information as the Director requires.\n","sortOrder":239},{"sectionNumber":"162","sectionType":"section","heading":"Place of processing to be specified in licence","content":"162 Place of processing to be specified in licence\n(1) The holder of a licence in respect of this Part shall not breed, hold,\nrear, process or transfer fish into the possession of a person other\nthan an assistant of the licensee, except in or at a place specified in\n(2) The Director shall not grant a licence in respect of this Part in\nrespect of a domestic dwelling unless the dwelling:\n(a) conforms with the requirements of or under the Food Act 2004\nin respect of food processing; and\n(b) will not contravene the applicable planning scheme made\nunder the Planning Act 1999.\n(3) However, subregulation (2)(a) does not apply in relation to an\nOrnamental Aquaculture licence.\n\nFisheries Regulations 1992 145\n","sortOrder":240},{"sectionNumber":"163","sectionType":"section","heading":"Modification of aquaculture facility","content":"163 Modification of aquaculture facility\nThe holder of a licence in respect of this Part shall not modify an\naquaculture facility to which the licence relates unless he or she\nhas submitted specifications and plans relating to the proposed\nmodification to the Director and the Director has, in writing,\napproved the modification.\n","sortOrder":241},{"sectionNumber":"165","sectionType":"section","heading":"Licence details to be displayed","content":"165 Licence details to be displayed\nThe holder of a licence in respect of this Part shall display, in a\nprominent place in each of the places noted in the licence, the\nnumber and expiry date of the licence.\n","sortOrder":242},{"sectionNumber":"166","sectionType":"section","heading":"Export of food","content":"166 Export of food\n(1) If the place in respect of which a licence in respect of this Part is\ngranted is licensed, registered or otherwise certified under an Act of\nthe Commonwealth as approved premises for the production of\nfood for export, the terms of that Act shall, in relation to standards\nof health and hygiene on those premises, apply to the exclusion of\nthe Fisheries Act 1988, these Regulations or an instrument of a\nlegislative or administrative character made under the Fisheries Act\n1988 but shall not prevent the entry onto that place of officers\nappointed under the Fisheries Act 1988.\n(2) Subregulation (1) does not apply in relation to an Ornamental\n","sortOrder":243},{"sectionNumber":"167","sectionType":"section","heading":"Freezer capacity","content":"167 Freezer capacity\n(1) The holder of a licence in respect of this Part who freezes fish for\nsale shall, after the expiration of 12 months after the\ncommencement of these Regulations, possess for the storage of\nfish a freezer which:\n(a) has not less than 10m 3 of freezer space; and\n(b) conforms with the standards of the Food Act 2004 and any\nother Act which applies to the storage of fish or frozen food in\nforce in the Territory.\n(2) Subregulation (1) does not apply in relation to an Ornamental\n","sortOrder":244},{"sectionNumber":"168","sectionType":"section","heading":"Broodstock","content":"168 Broodstock\n(1) The holder of a licence in respect of this Part must, as soon as\npracticable after taking barramundi broodstock from waters outside\nan aquaculture facility, tag it in the approved manner.\n\nFisheries Regulations 1992 146\n(2) For section 10(1)(f) of the Act, the disposal, otherwise than by sale,\nof fish taken as broodstock is able to be done only under a licence\nin respect of this Part.\n","sortOrder":245},{"sectionNumber":"169","sectionType":"section","heading":"Labelling of fish etc. from aquaculture facility","content":"169 Labelling of fish etc. from aquaculture facility\nThe holder of a licence in respect of this Part must ensure that fish\nor aquatic life leave the aquaculture facility with a statement\nindicating:\n(a) the number of the licence under which the fish or aquatic life\nwere bred or held; and\n(b) that the fish or aquatic life is the product of an aquaculture\nfacility in the Northern Territory; and\n(c) such other information as required by the Director;\nattached to or accompanying the fish or aquatic life and that the\nstatement remains attached to or accompanies the fish at all times\nwhen the fish is in the possession or control of the holder of the\nlicence outside the aquaculture facility.\n","sortOrder":246},{"sectionNumber":"170","sectionType":"section","heading":"Activities authorised by Aquaculture licence","content":"170 Activities authorised by Aquaculture licence\n(1) A person may take fish as broodstock, purchase fish, breed fish or\naquatic life, rear or hold such fish or aquatic life and process and\nsell such fish or aquatic life, under and in accordance with an\n(2) For subregulation (1), fish does not include a member of the genus\nPinctada (pearl oysters).\n","sortOrder":247},{"sectionNumber":"171","sectionType":"section","heading":"Conditions of licence","content":"171 Conditions of licence\nThe conditions to which an Aquaculture licence may be subject\ninclude:\n(a) limitation of the species of fish which may be kept and the\nstages of the life cycle of a fish at which the fish may be kept;\nand\n(b) limitation of the number of fish which may be kept or sold; and\n(c) limitation of the use of chemicals or drugs, including the\nregulation or prohibition, for such period as the Director thinks\nfit, of the transport or release from the aquaculture facility of\nfish exposed to chemicals or drugs; and\n\nFisheries Regulations 1992 147\n(d) a requirement for the lodgement of an ADI guarantee or\nsecurities to cover the cost of damage which may be caused\nby the operation of the aquaculture facility; and\n(e) a condition that the licensee shall operate the aquaculture\nfacility in accordance with the plan of operation submitted in\naccordance with regulation 161(d) and approved by the\n(f) the method of water discharge or other waste disposal.\n","sortOrder":248},{"sectionNumber":"172","sectionType":"section","heading":"Licence conditional on construction","content":"172 Licence conditional on construction\n(1) The Director may, on receipt of an application for an Aquaculture\nlicence, grant the licence on condition that the aquaculture facility to\nwhich the licence relates is constructed or altered in accordance\nwith the specifications or plans accompanying the application under\nregulation 161(c), as modified by the conditions or requirements, if\nany, imposed by the Director.\n(2) The conditions referred to in subregulation (1) may include a\nrequirement that construction or alteration take place in stages and\nat times determined by the Director.\n(3) At the completion of a stage of construction or alteration determined\nby the Director under subregulation (2), the Director or a person\nauthorised by the Director for that purpose shall examine the\naquaculture facility and, if satisfied that the construction or\nalteration complies with the specifications or plans referred to in\nsubregulation (1) for that stage of construction as determined in\naccordance with subregulation (2), shall certify that construction or\nalteration may proceed to the next stage.\n(4) Where:\n(a) the Director or a person authorised by the Director:\n(i) has inspected the aquaculture facility at a stage of\nconstruction specified in the licence and cannot certify\nthat construction or alteration may proceed to the next\nstage or that the facility, when completed, would be\nconstructed or altered in accordance with the\nrequirements of subregulation (1); or\n(ii) at any time during the period in which the licence is valid\nhas reasonable grounds for concluding that the\naquaculture facility will not be constructed or altered in\naccordance with those requirements; or\n\nFisheries Regulations 1992 148\n(b) the licensee has breached another condition of the licence or\ncommitted an offence under the Act;\nthe Director may, if he or she thinks fit, refuse to permit the\nconstruction or alteration of the aquaculture facility to continue to\nthe next stage and the licensee shall, notwithstanding any other\nprovision in these Regulations, cease to be permitted to take,\npurchase, breed, hold, process or sell fish or aquatic life under the\n","sortOrder":249},{"sectionNumber":"173","sectionType":"section","heading":"Possession of broodstock","content":"173 Possession of broodstock\nAn Aquaculture licensee must not possess fish or aquatic life for\nbreeding except those fish or aquatic life:\n(a) taken under and in accordance with the Act; or\n(b) obtained from a person who holds a commercial fishing\nlicence; or\n(c) imported in accordance with a permit; or\n(d) obtained from another Aquaculture licensee; or\n(da) obtained from an Ornamental Aquaculture licensee; or\n(e) obtained from an aquaculture facility operated by a statutory\ncorporation; or\n(f) obtained from an Aboriginal Coastal licensee.\n","sortOrder":250},{"sectionNumber":"174","sectionType":"section","heading":"Sale of fish","content":"174 Sale of fish\nAn Aquaculture licensee may sell fish or aquatic life to the following:\n(a) an Aquarium Fishing/Display Fishery licensee;\n(b) a Fish Broker licensee;\n(c) a Fish Retailer licensee;\n(d) a Fish Trader/Processor licensee;\n(e) an Aquaculture licensee;\n(ea) an Ornamental Aquaculture licensee;\n(f) an Aquarium Trader licensee;\n(g) a Public Aquarium licensee;\n\nFisheries Regulations 1992 149\n(h) a member of the public not purchasing fish or aquatic life for\nresale.\n","sortOrder":251},{"sectionNumber":"175","sectionType":"section","heading":"Disposal of broodstock","content":"175 Disposal of broodstock\nAn Aquaculture licensee shall not sell or otherwise dispose of fish\nor aquatic life taken as broodstock under this Part to another\nperson except:\n(a) after 12 months after the date the fish or aquatic life was\ntaken; and\n(b) with the prior approval of the Director.\n","sortOrder":252},{"sectionNumber":"175A","sectionType":"section","heading":"Activities authorised by Ornamental Aquaculture licence","content":"175A Activities authorised by Ornamental Aquaculture licence\n(1) A person may take fish as broodstock, purchase fish, breed fish or\naquatic life, rear or hold such fish or aquatic life and sell such fish or\naquatic life, under and in accordance with an Ornamental\n(2) For subregulation (1), fish does not include a member of the genus\nPinctada (pearl oysters).\n","sortOrder":253},{"sectionNumber":"175B","sectionType":"section","heading":"Limit on size of aquaculture facility","content":"175B Limit on size of aquaculture facility\nThe Director must not grant an Ornamental Aquaculture licence if\nthe aquaculture facility to which the licence relates has a capacity\nthat is greater than 10 000 litres of water.\n","sortOrder":254},{"sectionNumber":"175C","sectionType":"section","heading":"Conditions of licence","content":"175C Conditions of licence\nThe conditions to which an Ornamental Aquaculture licence may be\nsubject include:\n(a) limitation of the species of fish which may be kept and the\nstages of the life cycle of a fish at which the fish may be kept;\nand\n(b) limitation of the number of fish which may be kept or sold; and\n(c) limitation of the use of chemicals or drugs, including the\nregulation or prohibition, for such period as the Director thinks\nfit, of the transport or release from the aquaculture facility of\nfish exposed to chemicals or drugs; and\n\nFisheries Regulations 1992 150\n(d) a condition that the licensee shall operate the aquaculture\nfacility in accordance with the plan of operation submitted in\naccordance with regulation 161(d) and approved by the\n(e) the method of water discharge or other waste disposal.\n","sortOrder":255},{"sectionNumber":"175D","sectionType":"section","heading":"Possession of broodstock","content":"175D Possession of broodstock\nAn Ornamental Aquaculture licensee must not possess fish or\naquatic life for breeding except those fish or aquatic life:\n(a) taken under and in accordance with the Act; or\n(b) obtained from a person who holds a commercial fishing\nlicence; or\n(c) imported in accordance with a permit; or\n(d) obtained from an Aquaculture licensee; or\n(e) obtained from another Ornamental Aquaculture licensee; or\n(f) obtained from an aquaculture facility operated by a statutory\ncorporation; or\n(g) obtained from an Aboriginal Coastal licensee.\n","sortOrder":256},{"sectionNumber":"175E","sectionType":"section","heading":"Sale of fish","content":"175E Sale of fish\nAn Ornamental Aquaculture licensee may sell fish or aquatic life to\n(a) an Aquarium Fishing/Display Fishery licensee;\n(b) an Aquaculture licensee;\n(c) an Ornamental Aquaculture licensee;\n(d) an Aquarium Trader licensee;\n(e) a Public Aquarium licensee;\n(f) a member of the public not purchasing fish or aquatic life for\nresale.\n\nFisheries Regulations 1992 151\n","sortOrder":257},{"sectionNumber":"175F","sectionType":"section","heading":"Disposal of broodstock","content":"175F Disposal of broodstock\nAn Ornamental Aquaculture licensee shall not sell or otherwise\ndispose of fish or aquatic life taken as broodstock under this Part to\nanother person except:\n(a) after 12 months after the date the fish or aquatic life was\ntaken; or\n(b) with the prior approval of the Director.\n","sortOrder":258},{"sectionNumber":"176","sectionType":"section","heading":"Definitions","content":"176 Definitions\nallocation, in relation to a person, means:\n(a) in relation to a pearl oyster fishing unit – the number of pearl\noyster fishing units allocated to him or her under\nregulation 122E for a licensing year; and\n(b) in relation to a pearl oyster hatchery unit – the number of pearl\noyster hatchery units allocated to him or her for a licensing\nyear under clause 13 of the Pearl Oyster Culture Industry\nManagement Plan 1998.\nholding area means a site at which, under a Pearl Oyster Culture\nIndustry licence, pearl oysters taken from the wild or produced in a\nhatchery are held for seeding and related operations.\npearl culture unit means a pearl oyster fishing unit or a pearl\noyster hatchery unit.\npearl farm lease means a lease granted to a licensee under\nsection 55 of the Act for the purposes of a Pearl Oyster Culture\nIndustry licence.\npearl oyster means an oyster of the genus Pinctada and includes:\n(a) a part of a pearl oyster; and\n(b) pearl oyster spat.\npearl oyster dump site means a site where pearl oysters taken\nfrom the wild are placed and held before movement to a holding\narea or a pearl farm lease, but does not include an area of land\nheld under a pearl farm lease.\n\nFisheries Regulations 1992 152\npearl oyster fishing unit has the meaning it has in\nregulation 122D(2).\npearl oyster hatchery unit has the meaning it has in the Pearl\nOyster Culture Industry Management Plan 1998.\n","sortOrder":259},{"sectionNumber":"177","sectionType":"section","heading":"Grant of licence","content":"177 Grant of licence\nThe Director must not grant a Pearl Oyster Culture Industry licence\nto an applicant unless he or she intends to grant a Pearl Oyster\nFishery licence to the applicant.\n","sortOrder":260},{"sectionNumber":"178","sectionType":"section","heading":"Renewal of licence","content":"178 Renewal of licence\n(1) The Director must not renew a Pearl Oyster Culture Industry licence\nunless:\n(a) he or she is satisfied that:\n(i) the applicant has applied for renewal of his or her Pearl\nOyster Fishery licence; and\n(ii) the applicant's allocation in relation to his or her Pearl\nOyster Fishery licence for the licensing year for which it\nwould be renewed would be 5 pearl oyster fishing units\nor more; and\n(iii) the Director intends to renew the Pearl Oyster Fishery\n(b) the applicant has complied with the Act and any other\ninstrument of a legislative or administrative character\napplicable to the Pearl Oyster Fishery.\n(2) Where the Director renews a Pearl Oyster Culture Industry licence,\nhe or she must specify on the licence:\n(a) the allocation of pearl oyster fishing units in relation to the\nlicensee's Pearl Oyster Fishery licence for the licensing year\nfor which that licence is renewed; and\n(b) the licensee's allocation of pearl oyster hatchery units under\nclause 13 of the Pearl Oyster Culture Industry Management\nPlan 1998 for the licensing year for which the Pearl Oyster\nCulture Industry licence is renewed.\n\nFisheries Regulations 1992 153\n","sortOrder":261},{"sectionNumber":"179","sectionType":"section","heading":"Transfer of licence","content":"179 Transfer of licence\nThe Director must not consent to the transfer of a Pearl Oyster\nCulture Industry licence to a person unless:\n(a) application has been made to the Director for the transfer of\nthe licensee's Pearl Oyster Fishery licence to the same\nperson; and\n(b) the Director intends to approve the transfer of the Pearl Oyster\nFishery licence to that person.\n","sortOrder":262},{"sectionNumber":"180","sectionType":"section","heading":"Licence revoked if licensee not permitted to seed minimum","content":"180 Licence revoked if licensee not permitted to seed minimum\nnumber of pearl culture units\nWhere:\n(a) the sum of:\n(i) the number of pearl oysters that may be seeded under\nclause 11(1)(b) of the Pearl Oyster Culture Industry\nManagement Plan 1998 by the holder of a Pearl Oyster\nCulture Industry licence; and\n(ii) the number of pearl oysters that may be seeded under\nclause 11(1)(c) of the Pearl Oyster Culture Industry\nManagement Plan 1998 by the holder of a Pearl Oyster\nCulture Industry licence;\nis less than the number represented by 20 pearl culture units;\nor\n(b) less than 5 of the units in that sum are pearl oyster fishing\nunits;\nthe Pearl Oyster Culture Industry licence is, by force of this\nregulation, revoked.\n","sortOrder":263},{"sectionNumber":"181","sectionType":"section","heading":"Holding areas","content":"181 Holding areas\nA Pearl Oyster Culture Industry licensee may place pearl oysters on\na holding area approved by the Director.\n","sortOrder":264},{"sectionNumber":"181A","sectionType":"section","heading":"Licensee must permit inspection of pearl oysters","content":"181A Licensee must permit inspection of pearl oysters\nIt is a condition of a Pearl Oyster Culture Industry licence that the\nlicensee must permit the inspection, by a person authorised in\nwriting by the Director, of all pearl oysters in the possession of the\nlicensee.\n\nFisheries Regulations 1992 154\n","sortOrder":265},{"sectionNumber":"181B","sectionType":"section","heading":"Cancellation, revocation or expiry of licence","content":"181B Cancellation, revocation or expiry of licence\n(1) As soon as practicable after a Pearl Oyster Culture Industry licence\nis cancelled, revoked or expires, the Director is to grant a restricted\nlicence to the person who held the licence immediately before it\nwas cancelled or revoked or it expired.\n(2) So as to enable the licensee to harvest the remaining pearl\nproduction, the holder of a restricted licence may farm, hold and sell\nall live pearl oysters held at the licensee's holding areas, pearl\noyster dump sites and an area of land to which a pearl farm lease\nrelates.\n(3) A restricted licence remains in force until:\n(a) all the pearl oysters are sold; or\n(b) the expiry of 6 months after the cancellation, revocation or\nexpiry of his or her Pearl Oyster Culture Industry licence;\nwhichever occurs first.\n(4) The holder of a restricted licence must, as soon as practicable after\nthe expiry of a licence under subregulation (3), provide to the\nDirector details of sales under subregulation (2).\n(5) Where a person who held a restricted licence under this regulation\nhas not, before the expiry of the licence, sold all pearl oysters under\nthe licence, he or she must surrender all remaining oysters to the\nDirector for disposal.\n(6) Where pearl oysters surrendered to the Director under\nsubregulation (5) are disposed of by the Director by sale for money\nor other valuable consideration, the Director must:\n(a) retain from the proceeds of the sale an amount sufficient to\ncover the cost of disposal of the pearl oysters; and\n(b) deliver the remainder of the proceeds of sale, if any, to the\nlicensee.\n(7) For this regulation, a Pearl Oyster Culture Industry licence is to be\ntaken to expire at the beginning of the 6 month period mentioned in\nsection 16(4) of the Act.\n\nFisheries Regulations 1992 155\n","sortOrder":266},{"sectionNumber":"182","sectionType":"section","heading":"Criteria for grant or renewal","content":"182 Criteria for grant or renewal\nan application for the grant or renewal of a licence in respect of this\nPart include:\n(a) whether the applicant has all approvals required under any\nother Act of the Territory to operate the licence;\n(b) where an applicant has previously held a licence under this\nwithin the time specified by the Director; and\n(c) any other criteria set out in these Regulations in respect of the\nlicence type for which application for grant or renewal is made.\n","sortOrder":267},{"sectionNumber":"183","sectionType":"section","heading":"Application for licence","content":"183 Application for licence\nAn Aboriginal person may apply to the Director for an Aboriginal\nCoastal licence if:\n(a) the person is a member of a community or group in respect of\nwhich land has been granted to a trust for the benefit of\nAboriginals entitled by Aboriginal tradition to the use or\noccupation of that land under the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth); and\n(b) the person is permanently resident on the land; and\n(c) persons accepted by the majority of the community or group to\nbe its leaders indicate their support for the application.\n","sortOrder":268},{"sectionNumber":"184","sectionType":"section","heading":"Director may grant licence","content":"184 Director may grant licence\n(1) The Director may, subject to this Division, grant an Aboriginal\nCoastal licence to an applicant.\n(2) An Aboriginal Coastal licence must not be granted to a person other\nthan an individual.\n","sortOrder":269},{"sectionNumber":"185","sectionType":"section","heading":"No transfer of licence","content":"185 No transfer of licence\nAn Aboriginal Coastal licensee shall not transfer his or her licence.\n\nFisheries Regulations 1992 156\n","sortOrder":270},{"sectionNumber":"186","sectionType":"section","heading":"Lapse of licence","content":"186 Lapse of licence\nIt shall be a condition of each Aboriginal Coastal licence that it\nlapses where the licensee ceases to be a permanent resident on\nthe land granted for the benefit of the members of the community or\ngroup of which he or she is a member as referred to in\nregulation 183(a).\n","sortOrder":271},{"sectionNumber":"187","sectionType":"section","heading":"Licensee restrictions in relation to commercial fishing","content":"187 Licensee restrictions in relation to commercial fishing\nAn Aboriginal Coastal licensee must not:\n(a) hold a commercial fishing licence; or\n(b) engage in fishing operations under the Aboriginal Coastal\nlicence while being an assistant of the holder of a commercial\nfishing licence.\n","sortOrder":272},{"sectionNumber":"188","sectionType":"section","heading":"Area of licence","content":"188 Area of licence\nAn Aboriginal Coastal licensee shall not take fish or aquatic life for\nsale under the licence except from within the area specified on the\nlicence as the area in which fish may be taken under the licence.\n","sortOrder":273},{"sectionNumber":"189","sectionType":"section","heading":"Fishing gear","content":"189 Fishing gear\n(1) A person engaged in fishing operations under an Aboriginal Coastal\nlicence must not use fishing gear other than the fishing gear\nallowed under this section.\n(2) The following fishing gear may be used under an Aboriginal Coastal\nlicence:\n(a) a vertical line;\n(b) a troll line;\n(c) a cast net;\n(d) a scoop net;\n(e) a net not exceeding 100 m in length and with a mesh size not\nexceeding 65 mm;\n(f) a hand spear.\n(3) If authorised by the Aboriginal Coastal licence, the following fishing\ngear may also be used under the licence:\n(a) a traditional fish trap;\n\nFisheries Regulations 1992 157\n(b) a gill net, not exceeding 200 m in length;\n(c) a complying marine pot or dilly pot, not exceeding a total of\n10 pots.\n","sortOrder":274},{"sectionNumber":"190","sectionType":"section","heading":"Conditions of licence","content":"190 Conditions of licence\nThe Director shall, in determining the conditions, if any, to be\nplaced on an Aboriginal Coastal licence, take into consideration\nsuggestions made by members of the community or group of\nAboriginals of which the applicant is a member who are resident on\nthe relevant land.\n","sortOrder":275},{"sectionNumber":"191","sectionType":"section","heading":"To whom fish may be sold","content":"191 To whom fish may be sold\nAn Aboriginal Coastal licensee must not sell fish or aquatic life\nexcept to:\n(a) an Aquarium Fishing/Display Fishery licensee; or\n(b) a Fish Trader/Processor licensee; or\n(c) a Fish Retailer licensee; or\n(d) a Fish Broker licensee; or\n(e) an Aquaculture licensee; or\n(f) an Aquarium Trader licensee; or\n(g) a Public Aquarium licensee; or\n(h) an Ornamental Aquaculture licensee; or\n(i) a person not purchasing the fish or aquatic life for resale.\n","sortOrder":276},{"sectionNumber":"191A","sectionType":"section","heading":"Limit on selling fish","content":"191A Limit on selling fish\nAn Aboriginal Coastal licensee must not sell more than the number\nor quantity of the species of fish or aquatic life specified in the\nNote for regulation 191A\nThe licence may specify that the quantity of a particular species that may be sold\nis zero.\n\nFisheries Regulations 1992 158\n","sortOrder":277},{"sectionNumber":"192","sectionType":"section","heading":"Licence required for tour operator","content":"192 Licence required for tour operator\nFor section 10(1)(f) of the Act, the conduct of a business that\nprovides the services of a person to conduct a fishing tour is able to\nbe done only under a licence.\n","sortOrder":278},{"sectionNumber":"193","sectionType":"section","heading":"Criteria for grant or renewal","content":"193 Criteria for grant or renewal\nan application for the grant or renewal of a Fishing Tour Operator\nlicence include whether:\n(a) the applicant has attained the age of 18 years; and\n(b) the applicant has all approvals required under this or any other\nAct of the Territory to conduct fishing tour operations; and\n(c) where the applicant has previously been granted a licence\nunder the Act, the applicant has supplied to the Director\naccounts and records in the approved manner and form within\nthe time prescribed or specified by the Director.\n","sortOrder":279},{"sectionNumber":"195","sectionType":"section","heading":"Area of fishery","content":"195 Area of fishery\nThe holder of a Fishing Tour Operator licence, and an approved\nof a fishing tour, must not take fish or act as a fishing guide, except\nin an area in which a person engaged in amateur fishing may take\n","sortOrder":280},{"sectionNumber":"196","sectionType":"section","heading":"Fishing gear","content":"196 Fishing gear\n(1) The holder of a Fishing Tour Operator licence, and an approved\nof a fishing tour:\n(a) must not use fishing gear except amateur fishing gear; and\n(b) must not use such gear other than under and in accordance\nwith the provisions of these Regulations relating to amateur\nfishing.\n(2) The holder of a Fishing Tour Operator licence, and an approved\nof a fishing tour, must not take fish under another licence.\n\nFisheries Regulations 1992 159\n","sortOrder":281},{"sectionNumber":"196A","sectionType":"section","heading":"Licence does not authorise taking fish for sale","content":"196A Licence does not authorise taking fish for sale\nA Fishing Tour Operator licence does not authorise its holder to\ntake fish for sale.\n","sortOrder":282},{"sectionNumber":"198","sectionType":"section","heading":"Fish not to be traded","content":"198 Fish not to be traded\nThe holder of a Fishing Tour Operator licence, and an approved\nof a fishing tour must not accept, take or agree to take, whether by\nway of payment or as barter, a fish taken by a person in the course\nof a fishing tour conducted under the licence.\n","sortOrder":283},{"sectionNumber":"199","sectionType":"section","heading":"Sale, purchase and exhibition of live fish and aquatic life","content":"199 Sale, purchase and exhibition of live fish and aquatic life\n(1) An Aquarium Trader licence authorises the holder to:\n(a) sell fish or aquatic life for use in an aquarium; and\n(b) purchase and keep live fish and aquatic life for the purpose of\nexhibiting them for profit in the Territory.\n(2) An Aquarium Trader licensee must not purchase fish or aquatic life\nexcept:\n(a) from an Aquarium Fishing/Display Fishery licensee; or\n(b) from an Aquarium Trader licensee; or\n(c) from an Aquaculture licensee; or\n(ca) from an Ornamental Aquaculture licensee; or\n(cb) from an Aboriginal Coastal licensee; or\n(d) under and in accordance with a permit; or\n","sortOrder":284},{"sectionNumber":"200","sectionType":"section","heading":"Place of trade to be set out in licence","content":"200 Place of trade to be set out in licence\n(1) An Aquarium Trader licensee shall not hold fish for sale or sell fish\nexcept at a place specified in the licence.\n(2) The Director shall not grant an Aquarium Trader licence in respect\nof a domestic dwelling unless the dwelling will not contravene the\napplicable planning scheme made under the Planning Act 1999.\n\nFisheries Regulations 1992 160\n","sortOrder":285},{"sectionNumber":"201","sectionType":"section","heading":"Licence to be displayed","content":"201 Licence to be displayed\nAn Aquarium Trader licensee shall display, in a prominent position\nat each of the places specified on the licence, the number and\nexpiry date of the licence.\n","sortOrder":286},{"sectionNumber":"201A","sectionType":"section","heading":"Notification of exhibition","content":"201A Notification of exhibition\n(1) An Aquarium Trader licensee must not exhibit live fish or aquatic\nlife for profit at a place that is not specified in the licence unless the\nlicensee has notified the Director.\n(2) The notification must be in writing and give details of the address of\nthe place where the live fish or aquatic life are to be exhibited.\n(3) If the Aquarium Trader ceases to exhibit fish or aquatic life at the\nplace, the Aquarium Trader must immediately notify the Director in\nwriting of the cessation.\n","sortOrder":287},{"sectionNumber":"202","sectionType":"section","heading":"Taking, purchasing and exhibiting live fish and aquatic life","content":"202 Taking, purchasing and exhibiting live fish and aquatic life\n(1) Subject to this Division, a Public Aquarium licence authorises the\nholder to take, purchase and keep live fish and aquatic life for the\npurpose of exhibiting them for profit in the Territory.\n(2) A Public Aquarium licensee must not under the licence:\n(a) except with the approval of the Director – take barramundi,\nSpanish mackerel, mud crab, pearl oyster or organisms of the\ngenus Macrobrachium or the genus Cherax; or\n(b) take more than the number or quantity of live fish or aquatic\nlife approved by the Director; or\n(c) purchase live fish or aquatic life other than from:\n(i) an Aquarium Fishing/Display Fishery licensee; or\n(ii) an Aquaculture licensee; or\n(iia) from an Ornamental Aquaculture licensee; or\n(iii) an Aquarium Trader licensee; or\n(iv) an interstate or overseas supplier; or\n(v) an Aboriginal Coastal licensee.\n\nFisheries Regulations 1992 161\n(3) A Public Aquarium licensee must not sell live fish or aquatic life\ntaken, purchased or exhibited under the licence.\n","sortOrder":288},{"sectionNumber":"202A","sectionType":"section","heading":"Fishing gear","content":"202A Fishing gear\n(1) The Director:\n(a) may approve gear that may be used by a Public Aquarium\nlicensee for taking live fish and aquatic life; and\n(b) may give directions as to how the gear may be used.\n(2) A Public Aquarium licensee must not use gear that is not approved\nunder subregulation (1)(a).\n(3) A Public Aquarium licensee must not use gear approved under\nsubregulation (1)(a) contrary to directions given under\nsubregulation (1)(b).\n","sortOrder":289},{"sectionNumber":"203","sectionType":"section","heading":"Licence required for selling or repairing nets","content":"203 Licence required for selling or repairing nets\nFor section 10(1)(f) of the Act, the selling or repairing of nets, other\nthan nets that may be used in amateur fishing, is able to be done\nonly under a licence.\n","sortOrder":290},{"sectionNumber":"204","sectionType":"section","heading":"Places where net may be kept","content":"204 Places where net may be kept\nThe holder of a Net licence shall not have possession of net or net\nmaterial under the licence except:\n(a) at approved premises; or\n(b) in a vehicle or vessel transporting them by the most direct\nroute practicable to or from persons who may lawfully possess\nthem or to other approved premises.\n","sortOrder":291},{"sectionNumber":"205","sectionType":"section","heading":"Restrictions on sale and repair","content":"205 Restrictions on sale and repair\nThe holder of a Net licence shall not make, repair or sell net which\na person shall not have possession of except under a licence or a\npermit except for or to a person who, under the Act, may lawfully\nhave possession of the net under a licence or permit.\n\nFisheries Regulations 1992 162\n205AA Classes of Fisheries Inspectors\n(1) A Fisheries Inspector is to be appointed under section 7A of the Act\nas:\n(a) a Fisheries Inspector (Class 1); or\n(b) a Fisheries Inspector (Class 2).\n(2) The identity card issued to the Fisheries Inspector under section 8\nof the Act must identify the Fisheries Inspector's class.\n205AB Powers of Fisheries Inspectors\n(1) This regulation applies if a Fisheries Inspector believes it is\nnecessary to exercise a power under subregulation (2):\n(a) to assist in the conservation or management of a fishery; or\n(b) for the enforcement of the Act, these Regulations or a\nmanagement plan.\n(2) The Fisheries Inspector may:\n(a) require a person the Fisheries Inspector believes on\nreasonable grounds is engaged in taking fish or aquatic life to\ngive the Fishing Inspector:\n(i) the person's name and address; and\n(ii) the number of the licence or permit (if any) that\nauthorises the taking of the fish or aquatic life; and\n(b) examine any fishing gear the Fisheries Inspector believes on\nreasonable grounds is being used for taking fish or aquatic\nlife.\n205AC Additional powers of Fisheries Inspectors (Class 2)\n(1) This section applies if:\n(a) a Fisheries Inspector (Class 2) believes on reasonable\ngrounds that a person is or has been engaged in taking fish or\naquatic life; and\n\nFisheries Regulations 1992 163\n(b) the Fisheries Inspector (Class 2) believes it is necessary to\nexercise a power under subregulation (2):\n(i) to assist in the conservation or management of a fishery;\nor\n(ii) for the enforcement of the Act, these Regulations or a\nmanagement plan.\n(2) The Fisheries Inspector (Class 2) may at all reasonable times\nwithout warrant:\n(a) do any of the following:\n(i) stop, enter and examine a vehicle or vessel;\n(ii) examine fishing gear, fish or aquatic life;\n(iii) open and examine the contents of a container; and\n(b) require a person to unlock a vehicle, vessel or container, if the\nperson:\n(i) is the owner of, is in possession of, or is the person who\nlocked the thing required to be unlocked; and\n(ii) is in the immediate vicinity; and\n(c) require:\n(i) a person to answer a question; and\n(ii) the master of a vessel, or any other person, to give an\nexplanation or information about the vessel or a vehicle,\nfishing gear, fish, aquatic life or container; and\n(d) require a person mentioned in paragraph (c) to produce within\n7 days a licence, permit, special permit or other authority or\ncertificate issued in relation to the vessel, vehicle, person or\nthing.\nFisheries Inspector (Class 2) means a Fisheries Inspector\nmentioned in regulation 205AA(1)(b).\n\nFisheries Regulations 1992 164\n205AD Fisheries Inspector to produce evidence of identity\nAt the request of a person in relation to whom a Fisheries Inspector\nis exercising a power under regulation 205AB or 205AC, the\nFisheries Inspector must produce evidence that they are a\nFisheries Inspector authorised to exercise the power.\nNotes for regulation 205AD\n1 Section 8(4) of the Act provides that the production of an identity card is\nsufficient authority for a Fisheries Inspector to exercise powers.\n2 Section 39(1) of the Act makes it an offence to obstruct a Fisheries Inspector\nin the exercise of powers and section 35A makes it an offence to give\nmisleading information or documents to a Fisheries Inspector.\n","sortOrder":292},{"sectionNumber":"205A","sectionType":"section","heading":"Infringement notice offences","content":"205A Infringement notice offences\n(1) For section 46A(1) of the Act, definition infringement notice\noffence, an offence against a provision of the Act, these\nRegulations or a fishery management plan specified in Schedule 6\nis an infringement notice offence.\n(2) For section 46A(2) of the Act, definition prescribed amount, the\nnumber of penalty units specified for an infringement notice offence\nis the amount specified opposite the offence in Schedule 6.\n","sortOrder":293},{"sectionNumber":"206","sectionType":"section","heading":"Minister may prescribe fees","content":"206 Minister may prescribe fees\n(1) The Minister may, by Gazette notice, prescribe the fee payable for:\n(a) the grant or renewal of a licence or permit specified in\nSchedule 2; and\n(aa) an application for the grant of a special permit under\nsection 17 of the Act that:\n(i) is for the purposes specified in section 17(2)(a) of the\nAct; and\n(ii) specifies, in accordance with section 17(5) of the Act,\nthat fish taken under the permit may be sold; and\n(b) the registration of a vessel; and\n(c) the transfer of a licence from a licensee to an approved\nperson, but not a transfer of a licence to the Territory; and\n\nFisheries Regulations 1992 165\n(d) a replacement of a licence, permit or certificate of registration\nof a vessel; and\n(e) the approval by the Director of a person as an approved\noperator under section 17A of the Act; and\n(ea) the issue of an identity card, or its replacement, under\nsection 17C(1) of the Act; and\n(f) the issue of a logbook or document, or its replacement, in the\napproved form in respect of information required by the\nDirector under section 34 of the Act.\n(1A) The Minister may also, by Gazette notice, prescribe the fee\npayable, or the method of assessing the fee payable, for a person\nto examine, or obtain a copy of information from, a register in\naccordance with section 9(2) of the Act.\n(2) The Treasurer may:\n(a) prescribe an amount, not exceeding 10% of the licence or\npermit fees paid, to be credited to the Central Holding\nAuthority for the purpose of funding the administration of this\nlicensing or permit scheme; and\n(b) distribute the remainder of the fees as he or she sees fit to the\nFishing Industry Research and Development Trust Fund\ncontinued under section 51 of the Act.\n(3) Where the Director refuses to grant, renew or approve the transfer\nof a licence specified in Schedule 2, the Director must refund to the\napplicant for such a grant, renewal or approval the fee paid by the\napplicant in respect of the application.\n","sortOrder":294},{"sectionNumber":"207","sectionType":"section","heading":"NTSCI levy payable","content":"207 NTSCI levy payable\n(1) Subject to subregulation (1A), the Minister may, by Gazette notice,\nprescribe a levy to be paid (for the purpose of assisting the\nNorthern Territory Seafood Council Incorporated) by an applicant\nfor the grant, renewal or transfer of a licence listed in Schedule 3,\nother than a transfer of a licence to the Territory.\n(1A) The Minister must not prescribe a levy under subregulation (1)\nunless the Minister has consulted with the Northern Territory\nSeafood Council Incorporated for the purpose of determining the\namount of the levy.\n\nFisheries Regulations 1992 166\n(2) Subregulation (1) does not apply to an applicant for an Aquarium\nFishing/Display Fishery licence, an Aquarium Trader licence, a Fish\nRetailer licence, an Aboriginal Coastal licence, a Fish Broker\nlicence, a Fishing Tour Operator licence, Ornamental Aquaculture\nlicence or a Net licence.\n(3) Where the Director refuses to grant, renew or approve the transfer\nof a licence specified in Schedule 3, he or she shall refund to the\napplicant for such a grant, renewal or approval the levy paid by the\napplicant in respect of the application.\n(4) The Minister may prescribe, by Gazette notice, an amount, not\nexceeding 10% of any levy collected, to be credited to the Central\nHolding Authority.\n(5) Subject to an amount prescribed under subregulation (4) as being\npayable to the Central Holding Authority, all levies collected under\nthis regulation are to be dealt with in accordance with the\nrequirements of the Financial Management Act 1995.\n","sortOrder":295},{"sectionNumber":"208","sectionType":"section","heading":"Barramundi levy","content":"208 Barramundi levy\n(1) In this regulation, unit of net means a length of 100 m of gillnetting,\nmeasured along so much of the headrope as has gill net attached\nto it.\n(2) A Barramundi Fishery licensee must pay a levy of $100 on each\nunit of net endorsed on a Barramundi Fishery licence each time the\nlicence or endorsement is renewed until the Minister declares, by\nGazette notice, that 50% of the original cost of the buy-back\nscheme has been met.\n(3) The levy referred to in subregulation (2) is in addition to any fees or\nlevies otherwise payable under the Act or these Regulations.\n","sortOrder":296},{"sectionNumber":"208A","sectionType":"section","heading":"Timor Reef Fishery licence levy","content":"208A Timor Reef Fishery licence levy\neach fishery unit attached to a Timor Reef Fishery licence to be\npaid by the holder of the licence on application for renewal of the\n(3) If the Joint Authority refuses to renew a Timor Reef Fishery licence,\nthe Joint Authority must refund to the applicant for the renewal the\nlevy paid for the application.\n\nFisheries Regulations 1992 167\n","sortOrder":297},{"sectionNumber":"208B","sectionType":"section","heading":"Demersal Fishery licence levy","content":"208B Demersal Fishery licence levy\neach fishery unit attached to a Demersal Fishery licence to be paid\nby the holder of the licence on application for renewal of the\n(3) If the Joint Authority refuses to renew a Demersal Fishery licence,\nthe Joint Authority must refund to the applicant for the renewal the\nlevy paid for the application.\n","sortOrder":298},{"sectionNumber":"208C","sectionType":"section","heading":"Pearl oyster licence levy","content":"208C Pearl oyster licence levy\n(1) The Minister may, by Gazette notice, prescribe a levy for each pearl\nculture unit allocated to a Pearl Oyster Fishery licensee or Pearl\nOyster Culture Industry licensee to be paid by the licensee on\napplication for renewal of the licence.\n(3) If the Director refuses to renew a Pearl Oyster Fishery licence or\nPearl Oyster Culture Industry licence, the Director must refund to\nthe applicant for the renewal the levy paid for the application.\n208CA Off-shore Net and Line Fishery licence levy\neach fishery unit attached to an Off-shore Net and Line Fishery\nlicence to be paid by the holder, or prospective holder, of the\nlicence on application for grant or renewal of the licence.\n(3) If the Joint Authority refuses to grant or renew an Off-shore Net and\nLine Fishery licence, the Joint Authority must refund to the applicant\nfor the grant or renewal the levy paid for the application.\n\nFisheries Regulations 1992 168\n","sortOrder":299},{"sectionNumber":"208D","sectionType":"section","heading":"Vessel monitoring system levy","content":"208D Vessel monitoring system levy\n(1) The Director may, by Gazette notice, prescribe a levy for a\ncommercial fishing licence to be paid by the holder of the licence on\napplication for renewal of the licence, if:\n(a) the holder of the licence is required by the Act, these\nRegulations or a management plan to install and operate a\nvessel monitoring system; and\n(b) the licence is not an ONLF licence, Demersal Fishery licence\nor Timor Reef Fishery licence.\n(3) If the Director refuses to renew a commercial fishery licence, the\nDirector must refund to the applicant for the renewal the levy paid\n","sortOrder":300},{"sectionNumber":"209","sectionType":"section","heading":"General offences","content":"209 General offences\nA person who contravenes:\n(a) a provision of these Regulations; or\n(b) a direction, restriction, requirement or condition given, made\nor imposed under these Regulations;\ncommits an offence.\nMaximum penalty: 20 penalty units.\n","sortOrder":301},{"sectionNumber":"209A","sectionType":"section","heading":"Application of Act to holders of certain permits under","content":"209A Application of Act to holders of certain permits under\nCommonwealth Act\n(1) The holder from time to time of a permit or licence issued under the\nCommonwealth Act in respect of an arrangement made under\n","sortOrder":302},{"sectionNumber":"Part 5","sectionType":"part","heading":"of that Act in relation to the Northern Prawn Fishery or a","content":"Part 5 of that Act in relation to the Northern Prawn Fishery or a\nfishery in respect of tuna or tuna like species, is taken to hold a\nlicence of the same kind under the Fisheries Act 1988 in respect of\nthe internal waters of the Territory contiguous to the area of that\nfishery (a deemed licence).\n(2) Subject to subregulation (3), a deemed licence is taken, for the Act,\nto have been granted subject to:\n(a) the conditions specified on the permit or licence issued under\nthe Commonwealth Act; and\n\nFisheries Regulations 1992 169\n(b) the condition that the holder of the deemed licence will comply\nwith the Commonwealth Act and any instrument of a\nlegislative or administrative character made under that Act\napplicable to the holder of such a licence or permit issued\nunder that Act, as if the relevant internal waters were included\nin the fishery under the Commonwealth permit or licence.\n(3) The holder of a deemed licence is permitted to take fish for sale in\nthe relevant internal waters of the Territory, to sell such fish in the\nTerritory and to take any action that is expressly permitted by or\nunder the Commonwealth Act in respect of the fishery under the\nCommonwealth Act, notwithstanding that the action would, but for\nthis regulation, not be permitted by or under the Fisheries Act 1988.\n(4) The holder of a deemed licence:\n(a) may not transfer the licence under section 16A of the Act; and\n(b) is not, in relation to the licence, subject to the requirements of\nsection 16, 16B or 17E of the Act.\n","sortOrder":303},{"sectionNumber":"209B","sectionType":"section","heading":"Review of decisions made in relation to Joint Authority fishery","content":"209B Review of decisions made in relation to Joint Authority fishery\n(1) Section 50 of the Act applies to a decision made by a person acting\nunder the delegated authority of the Joint Authority as if:\n(a) a reference in that section to the Director were a reference to\nthe Joint Authority; and\n(b) a reference in that section to a decision made under this Act\nwere a reference to a decision made under these Regulations\nin relation to a Joint Authority fishery.\n(2) For section 50A of the Act:\n(a) the following are reviewable decisions:\n(i) a decision made under these Regulations in relation to a\nJoint Authority fishery, other than a decision made by a\nperson acting under the delegated authority of the Joint\nAuthority;\n(ii) a decision made on a review under section 50 of the Act\nof a decision made under these Regulations in relation\nto a Joint Authority fishery by a person acting under the\ndelegated authority of the Joint Authority; and\n(b) a person affected by a decision mentioned in paragraph (a) is\nan affected person for the reviewable decision.\n\n","sortOrder":304},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Fisheries Amendment (Off-Shore Net and Line","content":"Part 14 Transitional matters for Fisheries Amendment (Off-Shore Net and Line\nFishery) Regulations 2005\nFisheries Regulations 1992 170\n","sortOrder":305},{"sectionNumber":"Part 13","sectionType":"part","heading":"Repeals and transitional matters for","content":"Part 13 Repeals and transitional matters for\nRegulations No. 72 of 1992\n","sortOrder":306},{"sectionNumber":"210","sectionType":"section","heading":"Repeal and savings","content":"210 Repeal and savings\n(1) The Fish and Fisheries Regulations 1980, as amended by Act No.\n49 of 1985, and Regulations No. 5, 1980; No. 12, 1980; No. 29,\n1980; No. 44, 1980; No. 48, 1980; No. 33, 1981; No. 3(a), 1982;\nNo. 48, 1982; No. 1, 1983; No. 2, 1983; No. 17, 1984; No. 18, 1984;\nNo. 8, 1985; No. 39, 1985; No. 19, 1986; No. 16, 1988; No. 43,\n1988; No. 52, 1988; No. 3, 1989; No. 1, 1990; No. 11, 1991, are\nrepealed.\n(2) Where a licence was held immediately before the commencement\nof these Regulations, the licence continues until 31 January 1993,\nnotwithstanding that it might have expired under the repealed\nRegulations before that date, as if the repealed Regulations had not\nbeen repealed under these Regulations.\nPart 14 Transitional matters for Fisheries Amendment\n(Off-Shore Net and Line Fishery)\nRegulations 2005\n","sortOrder":307},{"sectionNumber":"211","sectionType":"section","heading":"Definitions","content":"211 Definitions\nIn this Part:\nAmendment (Off-shore Net and Line Fishery) Regulations 2005.\nShark Fishery has the same meaning as in these regulations as in\nforce immediately before the commencement.\n","sortOrder":308},{"sectionNumber":"212","sectionType":"section","heading":"Savings – Shark Fishery licence etc.","content":"212 Savings – Shark Fishery licence etc.\n(1) A restricted Shark Fishery licence in force immediately before the\ncommencement has effect after the commencement as if it were a\nrestricted Off-shore Net and Line Fishery licence.\n(2) An unrestricted Shark Fishery licence in force immediately before\nthe commencement has effect after the commencement as if it\nwere an unrestricted Off-shore Net and Line Fishery licence.\n(3) An entitlement in relation to Shark Fishery fishing units existing\nimmediately before the commencement has effect after the\ncommencement as if it were an entitlement in relation to Off-shore\nNet and Line Fishery fishing units.\n\nPart 15 Transitional matters for Fisheries Amendment (Pearl Oyster Fishery)\nRegulations 2006\nFisheries Regulations 1992 171\n","sortOrder":309},{"sectionNumber":"213","sectionType":"section","heading":"Savings – instruments","content":"213 Savings – instruments\n(1) Subregulation (2) applies in relation to an instrument of a legislative\nor administrative character that:\n(a) relates to the Shark Fishery; and\n(b) was in force immediately before the commencement.\n(2) The instrument has effect, as if:\n(a) a reference in the instrument to the Shark Fishery were a\nreference to the Off-shore Net and Line Fishery; and\n(b) a reference in the instrument to the Shark Fishery area were a\nreference to the Off-shore Net and Line Fishery area; and\n(c) a reference in the instrument to a Shark Fishery licence were\na reference to an Off-shore Net and Line Fishery licence; and\n(d) a reference in the instrument to a restricted Shark Fishery\nlicence were a reference to a restricted Off-shore Net and Line\nFishery licence; and\n(e) a reference in the instrument to an unrestricted Shark Fishery\nlicence were a reference to an unrestricted Off-shore Net and\nLine Fishery licence; and\n(f) a reference in the instrument to a Shark Fishery fishing unit\nwere a reference to an Off-shore Net and Line Fishery fishing\nunit.\nPart 15 Transitional matters for Fisheries Amendment\n(Pearl Oyster Fishery) Regulations 2006\n","sortOrder":310},{"sectionNumber":"214","sectionType":"section","heading":"Application of amendment","content":"214 Application of amendment\nThe amendment to these Regulations by regulation 3 of the\nFisheries Amendment (Pearl Oyster Fishery) Regulations 2006\napplies only in relation to a licensing year that starts on or after\n","sortOrder":311},{"sectionNumber":"215","sectionType":"section","heading":"Savings – licensing year","content":"215 Savings – licensing year\nThe period from 1 July 2006 to 31 December 2006 is taken to be a\nlicensing year for a licensee holding a Pearl Oyster Fishery licence\nfor these Regulations.\n\nPart 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery)\nFisheries Regulations 1992 172\nPart 16 Transitional matters for Fisheries Amendment\n(Timor Reef Fishery) Regulations 2011\n216 Interpretation\ncommencement date means 1 February 2011.\nimmediately before the commencement date.\nrestricted licence means a licence granted under\nregulation 141D(2) of the former regulations.\nunrestricted licence means a licence granted under\nregulation 141F(1) of the former regulations.\n(2) A word or phrase used in this Part that is defined in regulation 141A\n","sortOrder":312},{"sectionNumber":"217","sectionType":"section","heading":"Revocation of old licences","content":"217 Revocation of old licences\nAll licences granted in relation to the Timor Reef Fishery under the\nformer regulations are revoked on the commencement date.\n","sortOrder":313},{"sectionNumber":"218","sectionType":"section","heading":"Grant of TRF licences","content":"218 Grant of TRF licences\n(1) A person who, immediately before the commencement date, held\none or more unrestricted licences may apply to the Joint Authority\nfor the grant to the person of the same number of TRF licences.\n(2) A person who, immediately before the commencement date, held\none or more restricted licences may apply to the Joint Authority for\nthe grant to the person of the same number of TRF licences.\n(5) If, immediately before the commencement date, a restricted or\nunrestricted licence held by a person was suspended:\n\n","sortOrder":314},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional matters for Fisheries Amendment (Timor Reef Fishery)","content":"Part 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery)\nFisheries Regulations 1992 173\n(b) the TRF licence granted to the person on account of the\n","sortOrder":315},{"sectionNumber":"219","sectionType":"section","heading":"Allocation of fishery units","content":"219 Allocation of fishery units\n(1) Immediately after the grant of a TRF licence to a person who\napplied for the licence under regulation 218(1), the Joint Authority\nmust allocate to the licence the following number of fishery units:\n(a) 81 818 fishery units for goldband snapper;\n(b) 118 182 fishery units for red snapper;\n(c) 37 728 fishery units for grouped fish.\n(2) Immediately after the grant of a TRF licence to a person who\napplied for the licence under regulation 218(2), the Joint Authority\nmust allocate to the licence the following number of fishery units:\n(a) 40 909 fishery units for goldband snapper;\n(b) 59 091 fishery units for red snapper;\n(c) 18 864 fishery units for grouped fish.\n","sortOrder":316},{"sectionNumber":"220","sectionType":"section","heading":"Transfer of fishery units if TRF licence not granted","content":"220 Transfer of fishery units if TRF licence not granted\n(1) This regulation applies if a person who is entitled to apply for a TRF\nlicence does not apply for the licence under regulation 218.\n(2) On 1 June 2011, the Joint Authority must transfer to the Territory all\nthe fishery units that would have been allocated to the TRF licence\nunder regulation 219 if it had been granted.\n","sortOrder":317},{"sectionNumber":"221","sectionType":"section","heading":"Allocation of quota units in first licence year","content":"221 Allocation of quota units in first licence year\nregulation 219, the Joint Authority must allocate to each TRF\nlicence granted under regulation 218 the number of quota units for\neach species group calculated in accordance with the following\nA = (L ÷ T x TAC) x 5 ÷ 12\nallocated to the TRF licence.\n\n","sortOrder":318},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional matters for Fisheries Amendment (Demersal Fishery)","content":"Part 17 Transitional matters for Fisheries Amendment (Demersal Fishery)\nFisheries Regulations 1992 174\nattached to the TRF licence.\nas mentioned in regulation 141G.\nPart 17 Transitional matters for Fisheries Amendment\n(Demersal Fishery) Regulations 2012\n","sortOrder":319},{"sectionNumber":"222","sectionType":"section","heading":"Interpretation","content":"222 Interpretation\ncommencement date means 1 February 2012.\nformer demersal licence means a licence granted under\nregulation 102(2) of the former regulations.\nformer finfish trawl licence means a licence granted under\nregulation 141L(2) of the former regulations.\nimmediately before the commencement date.\n(2) A word or phrase used in this Part that is defined in regulation 101\n","sortOrder":320},{"sectionNumber":"223","sectionType":"section","heading":"Revocation of old licences and refund","content":"223 Revocation of old licences and refund\n(1) All licences granted in relation to the Demersal Fishery and Finfish\nTrawl Fishery under the former regulations are revoked on the\ncommencement date.\n(2) The Joint Authority must refund to each person who held a licence\nrevoked under subregulation (1) the following portion of the fee paid\nfor the renewal of the licence for the licensing year that commenced\non 1 July 2011:\n(a) for a Demersal Fishery licence – $433.33;\n(b) for a Finfish Trawl Fishery licence – $881.25.\n\nPart 17 Transitional matters for Fisheries Amendment (Demersal Fishery)\nFisheries Regulations 1992 175\n","sortOrder":321},{"sectionNumber":"224","sectionType":"section","heading":"Grant of DF licences","content":"224 Grant of DF licences\n(1) A person who, immediately before the commencement date, held\none or more former demersal licences may apply to the Joint\nAuthority for the grant to the person of the same number of DF\nlicences.\n(2) A person who, immediately before the commencement date, held\none or more former finfish trawl licences may apply to the Joint\nAuthority for the grant to the person of the same number of DF\nlicences.\n(5) If, immediately before the commencement date, a former demersal\nlicence or former finfish trawl licence held by a person was\nsuspended:\n(b) the DF licence granted to the person on account of the\n","sortOrder":322},{"sectionNumber":"225","sectionType":"section","heading":"Allocation of fishery units","content":"225 Allocation of fishery units\n(1) Immediately after the grant of a DF licence to a person who applied\nfor the licence under regulation 224(1), the Joint Authority must\nallocate to the licence the following number of fishery units:\n(a) 6 000 fishery units for goldband snapper;\n(b) 28 333 fishery units for red snapper;\n(c) 10 516 fishery units for grouped fish.\n(2) Immediately after the grant of a DF licence to a person who applied\nfor the licence under regulation 224(2), the Joint Authority must\nallocate to the licence the following number of fishery units:\n(a) 40 000 fishery units for goldband snapper;\n(b) 800 000 fishery units for red snapper;\n(c) 284 000 fishery units for grouped fish.\n\n","sortOrder":323},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional matters for Fisheries Amendment (Coastal Line Fishery and","content":"Part 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and\nFisheries Regulations 1992 176\n","sortOrder":324},{"sectionNumber":"226","sectionType":"section","heading":"Transfer of fishery units if DF licence not granted","content":"226 Transfer of fishery units if DF licence not granted\n(1) This regulation applies if a person who is entitled to apply for a DF\nlicence does not apply for the licence under regulation 224.\n(2) On 1 June 2012, the Joint Authority must transfer to the Territory all\nthe fishery units that would have been allocated to the DF licence\nunder regulation 225 if it had been granted.\n","sortOrder":325},{"sectionNumber":"227","sectionType":"section","heading":"Allocation of quota units in first licence year","content":"227 Allocation of quota units in first licence year\nregulation 225, the Joint Authority must allocate:\n(a) to each DF licence applied for under regulation 224(1) – the\nfollowing number of quota units:\n(i) 4 600 quota units for goldband snapper;\n(ii) 22 970 quota units for red snapper;\n(iii) 9 170 quota units for grouped fish; and\n(b) to each DF licence applied for under regulation 224(2) – the\nfollowing number of quota units:\n(i) 30 690 quota units for goldband snapper;\n(ii) 648 490 quota units for red snapper;\n(iii) 247 140 quota units for grouped fish.\nPart 18 Transitional matters for Fisheries Amendment\n(Coastal Line Fishery and Other Matters)\nRegulations 2015\n","sortOrder":326},{"sectionNumber":"228","sectionType":"section","heading":"Definitions","content":"228 Definitions\nAmendment (Coastal Line Fishery and Other Matters)\nRegulations 2015.\neligible CLF licence, see regulation 230(4).\nimmediately before the commencement.\n\nPart 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and\nFisheries Regulations 1992 177\nrestricted CLF licence means a licence that became a restricted\nCoastal Line Fishery licence in accordance with regulation 75(2) of\nthe former regulations or was granted in accordance with\nregulation 75(3) of the former regulations.\nunrestricted CLF licence means a licence that was granted in\naccordance with regulation 76A(1) of the former regulations.\n(2) A word defined in regulation 73 has the same meaning in this Part.\n","sortOrder":327},{"sectionNumber":"229","sectionType":"section","heading":"Restricted and unrestricted Coastal Line Fishery licences","content":"229 Restricted and unrestricted Coastal Line Fishery licences\nbecome CLF licences\nA restricted CLF licence or an unrestricted CLF licence that is in\nforce immediately before the commencement becomes, on and\nfrom the commencement, a CLF licence.\n","sortOrder":328},{"sectionNumber":"230","sectionType":"section","heading":"Allocation of fishery units to eligible CLF licences","content":"230 Allocation of fishery units to eligible CLF licences\n(1) Immediately after the commencement, the Director must allocate\nfishery units to each eligible CLF licence in accordance with this\nregulation.\n(2) Fishery units for black jewfish are allocated to an eligible\nCLF licence in accordance with the following formula:\nA = 145 000 x (ABC ÷ AC)\nA is the number of fishery units for black jewfish to be allocated to\nthe eligible CLF licence.\nABC is the average best CLF catch for the eligible CLF licence.\nAC is the aggregated CLF catch.\n(3) Fishery units for golden snapper are allocated to an eligible\nCLF licence in accordance with the following formula:\nA = 4 500 ÷ EL\nA is the number of fishery units for golden snapper to be allocated\nto the eligible CLF licence.\nEL is the number of eligible CLF licences.\n\nFisheries Regulations 1992 178\n(4) In this regulation:\naggregated CLF catch means the total of the average annual CLF\ncatches for all eligible CLF licences.\nannual amount, in relation to the taking of fish, means the amount\nof fish taken in a calendar year.\naverage annual CLF catch, for an eligible CFL licence, means the\naverage annual amount of fish recorded by the Director as taken in\nthe Coastal Line Fishery under the relevant licence in the period\nfrom 1 January 2006 to 31 December 2010.\naverage best CLF catch, for a CLF licence, means the average of\nthe 3 largest annual amounts of fish recorded by the Director as\ntaken in the Coastal Line Fishery under the relevant licence in the\nperiod from 1 January 2006 to 31 December 2010.\neligible CLF licence means a CLF licence for which the average\nbest CLF catch is at least 9 000 kg.\nrelevant licence, in relation to a CLF licence, means the restricted\nCLF licence or unrestricted CLF licence that became the\nCLF licence under regulation 229.\n","sortOrder":329},{"sectionNumber":"231","sectionType":"section","heading":"Allocation of quota units to eligible CLF licences","content":"231 Allocation of quota units to eligible CLF licences\nImmediately after the commencement, the Director must allocate\nthe same number of quota units to each eligible CLF licence for\neach CLF species as the number of fishery units allocated to the\nlicence for each CLF species under regulation 230.\n","sortOrder":330},{"sectionNumber":"232","sectionType":"section","heading":"Application of regulation 78F","content":"232 Application of regulation 78F\nRegulation 78F applies in relation to each licence year after the\nallocation of quota units under regulation 231.\n","sortOrder":331},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional matters for Fisheries Amendment","content":"Part 19 Transitional matters for Fisheries Amendment\n(Off-shore Net and Line Fishery)\nRegulations 2018\n","sortOrder":332},{"sectionNumber":"233","sectionType":"section","heading":"Interpretation","content":"233 Interpretation\nAmendment (Off-shore Net and Line Fishery) Regulations 2018.\n\nFisheries Regulations 1992 179\nimmediately before the commencement.\nrestricted licence means a licence granted under regulation 96B\nof the former regulations.\nunrestricted licence means a licence granted under regulation 98\nof the former regulations.\n(2) A word or phrase used in this Part that is defined in regulation 96\n","sortOrder":333},{"sectionNumber":"234","sectionType":"section","heading":"Revocation of old licences","content":"234 Revocation of old licences\nAll licences granted in relation to the Off-shore Net and Line Fishery\nunder the former regulations are revoked on the commencement.\n","sortOrder":334},{"sectionNumber":"235","sectionType":"section","heading":"Grant of ONLF licences","content":"235 Grant of ONLF licences\n(1) A person who, immediately before the commencement, held one or\nmore unrestricted licences may apply to the Joint Authority for the\ngrant to the person of the same number of ONLF licences.\n(2) A person who, immediately before the commencement, held one or\nmore restricted licences may apply to the Joint Authority for the\ngrant to the person of the same number of ONLF licences.\n(5) If, immediately before the commencement, a restricted or\nunrestricted licence held by a person was suspended:\n(b) the ONLF licence granted to the person on account of the\n","sortOrder":335},{"sectionNumber":"236","sectionType":"section","heading":"Allocation of fishery units to eligible licences","content":"236 Allocation of fishery units to eligible licences\n(1) Subregulation (2) applies immediately after the grant of an ONLF\nlicence to a person who applied for the licence under\nregulation 235(1).\n(2) The Joint Authority must allocate to the licence the following\nnumber of fishery units for each Off-shore Net and Line Fishery\n\nFisheries Regulations 1992 180\nfishing unit for taking fish using demersal long-lines and pelagic\nlong-lines issued to the person in accordance with regulation 96CA\nof the former regulations:\n(a) 983 fishery units for combined Blacktip Shark;\n(b) 314 fishery units for Spot-tail Shark;\n(c) 937 fishery units for combined Shark group;\n(d) 69 fishery units for combined other Shark group species;\n(e) 1 fishery unit for combined fin fish group (by-product) species.\n(3) Subregulation (4) applies immediately after the grant of an ONLF\nlicence to a person who applied for the licence under\nregulation 235(2).\n(4) The Joint Authority must allocate to the licence the following\nnumber of fishery units for each Off-shore Net and Line Fishery\nfishing unit for taking fish using pelagic nets issued to the person in\naccordance with regulation 96CA of the former regulations:\n(a) 167.29 fishery units for Grey Mackerel species;\n(b) 128 fishery units for combined Blacktip Shark;\n(c) 30 fishery units for Spot-tail Shark;\n(d) 17 fishery units for combined Shark group;\n(e) 69 fishery units for combined other Shark group species;\n(f) 37 fishery units for combined fin fish group (by-product)\n(5) Additional fishery units for Grey Mackerel species are allocated to\nan eligible ONLF licence in accordance with the following formula:\nA = 267 500 x (ABC ÷ AC)\nA is the number of additional fishery units for Grey Mackerel\nspecies to be allocated to the eligible ONLF licence.\nABC is the average best catch for the eligible ONLF licence.\nAC is the aggregated average best catch for Grey Mackerel\n\nFisheries Regulations 1992 181\n(6) If, under subregulation (2) or (4), the Joint Authority is required to\nallocate quota units to an ONLF licence in relation to which any\nfees are due then, despite the subregulation:\nmade on the date required under subregulation (2) or (4).\naggregated average best catch means the total of the average\nbest catch for all eligible ONLF licences.\naverage best catch, for an ONLF licence, means the average of\nthe 3 largest annual amounts of Grey Mackerel species recorded by\nthe Joint Authority as sold from the Off-shore Net and Line Fishery\nunder the relevant licence in the period from 1 July 2007 to\neligible ONLF licence means an ONLF licence for which the\naverage best catch is at least 1 kg.\nrelevant licence, in relation to an ONLF licence, means the\nrestricted licence or unrestricted licence in place of which the ONLF\nlicence was granted under regulation 235.\n","sortOrder":336},{"sectionNumber":"237","sectionType":"section","heading":"Allocation of quota units to ONLF licences","content":"237 Allocation of quota units to ONLF licences\nregulation 236, the Joint Authority must allocate to each ONLF\nlicence granted under regulation 235 the number of quota units for\neach species group calculated in accordance with the following\nA = (L ÷ T x TAC) x 0.583\nallocated to the ONLF licence.\nattached to the ONLF licence on the date of the allocation before\nany transfers of fishery units to or from the licence take effect.\n\nFisheries Regulations 1992 182\nas mentioned in regulation 96CD.\n","sortOrder":337},{"sectionNumber":"238","sectionType":"section","heading":"Transfer of fishery units if ONLF licence not granted","content":"238 Transfer of fishery units if ONLF licence not granted\n(1) This regulation applies if a person who is entitled to apply for a\nONLF licence does not apply for the licence under regulation 235.\n(2) On 1 July 2019, the Joint Authority must transfer to the Territory all\nthe fishery units that would have been allocated to the ONLF\nlicence under regulation 236 if it had been granted.\n\nFisheries Regulations 1992 183\nregulation 15\nAcestrorhynchidae Acestrorhynchus microlepis\nAcipenseridae Acipenser baerii baerii Siberian sturgeon\nAcipenser baerii baicalensis Baikal sturgeon\nAcipenser brevirostrum Shortnose sturgeon\nAcipenser dabryanus Yangtze sturgeon\nAcipenser fulvescens Lake sturgeon\nAcipenser gueldenstaedtii Russian sturgeon\nAcipenser medirostris Green sturgeon\nAcipenser mikadoi Sakhalin sturgeon\nAcipenser multiscutatus Japanese sturgeon\nAcipenser naccarii Adriatic sturgeon\nAcipenser nudiventris Fringebarbel sturgeon\nAcipenser oxyrinchus\ndestotoi Gulf sturgeon\nAcipenser oxyrinchus\noxyrinchus Atlantic sturgeon\nAcipenser persicus Persian sturgeon\nAcipenser ruthenus Sterlet\nAcipenser schrenckii Amur sturgeon\nAcipenser sinensis Chinese sturgeon\nAcipenser stellatus Starry sturgeon\nAcipenser sturio European sturgeon\nAcipenser transmontanus White sturgeon\nHuso huso Beluga\nAlgae Caulerpa taxifolia\n(exotic strains only)\nGreen macroalga\nCodium fragile fragile Green macroalga\nGrateloupia turuturu Red macroalga\n\nFisheries Regulations 1992 184\nSargassum muticum Asian seaweed\nUndaria pinnatifida Japanese seaweed\nAnnelida Alitta succinea Pile worm\nBoccardia proboscidea Spionid polychaete\nEuchone limnicola Sabellid polychaete worm\nMarenzelleria spp Red gilled mudworm\nPolydora websteri Mudworm\nPolydora cornuta Spionid polychaete\nSabella spallanzanii European fan worm\nAlestiidae Hydrocynus spp Pike characin, giant\ntigerfish\nAmiidae Amia calva Bowfin\nAnabantidae Anabas testudineus Climbing perch\nAscideacea Ciona intestinalis Sea vase\nDidemnum spp\n(exotic invasive strains only)\nColonial sea squirt\nStyela clava Clubbed tunicate\nBagridae Anaspidoglanis macrostoma Flatnose catfish\nBagrus ubangensis Ubangi shovelnose catfish\nCambaridae Procambarus clarkii Red swamp crayfish\nCentrarchidae entire family Banded sunfish, spotted\nsunfish, largemouth bass,\nbluegill\nCentropomidae Centropomus Snooks\nLates microlepis Forktail lates\nLates niloticus Nile perch\n\nFisheries Regulations 1992 185\nChacidae Chaca bankanensis Angler catfish\nChaca burmensis Burmensis frogmouth\nChaca chaca Angler catfish, frogmouth\ncatfish, squarehead catfish\nChannidae Channa spp Snake head\nCharacidae Colossoma spp\nPygocentrus spp Red piranha\nPygopristis spp Piranha\nSerrasalmus spp Redeye piranha\nCichlidae Boulengerochromis\nmicrolepis\nGiant cichlid, yellow belly\ncichlid\nHemichromis fasciatus Banded jewelfish\nHypselecara spp Chocolate cichlid\nMelanotheron melanotheron Blackchin tilapia\nOreochromis spp Tilapia\nSargochromis spp Pink, slender, greenwoods,\nmortimers, cunean, green\nhappy\nSarotherodon spp Tilapia\nSerranochromis spp\nTilapia spp Tilapia, spotted tilapia,\nmouthbreeder\nCitharinidae Ichthyborinae (syn.\nDistichodontinae) entire\nsubfamily\nAfrican pike-characin,\ntubenose poacher, fin\neater\nClariidae entire family Snake catfish, walking\nCnidaria Mnemiopsis leidyi Comb jelly\nCobitidae Misgurnus anguillicaudatus Weatherloach\n\nFisheries Regulations 1992 186\nCrustacea Balanus improvisus Barnacle\nEriocheir spp Chinese mitten crab\nHemigrapsus sanguineus Japanese/Asian shore crab\nPetrolisthes elongatus New Zealand half shell crab\nHemigrapsus\ntakanoi/penicillatus\nPacific crab\nCharybdis japonica Lady crab\nCarcinus maenas European green crab\nCyprinidae Aristichthys nobilis Bighead carp\nBarbodes hexagonolepis Copper mahseer\nBarbonymus schwanenfeldii Tinfoil barb\nCatla catla Catla\nCatlocarpio siamensis Giant barb\nCirrhinus cirrhosus Mrigal\nCtenopharyngodon idella Grass carp\nCyprinus carpio European carp\nHypophthalmichthys molitrix Silver carp\nLabeo calbasu Orange fin labeo\nLabeo rohita Rohu\nNotropis spp Shiners\nPhoxinus erythrogaster Southern redbelly dace\nTor spp River carp, Deccan, high\nbacked, jungha, putitor,\nThai mahseer\nZacco platypus Freshwater minnow\nDoradidae Oxydoras spp Ripsaw catfish, black\ndoras, black shielded\nEchinoderm Asterias amurensis Northern Pacific seastar\nElassomatidae Elassoma spp Pygmy sunfish\n\nFisheries Regulations 1992 187\nEleotridae Allomogurnda nesolepis Yellowbelly gudgeon\nDormitator latifrons Pacific fat sleeper\nDormitator maculatus Fat sleeper\nGobiomorphus gobioides Giant bully\nGobiomorphus huttoni Redfin bully\nGobiomorus dormitor Bigmouth sleeper\nGobiomorus maculatus Pacific sleeper\nHypseleotris cyprinoides Tropical carp-gudgeon\nHypseleotris tohizonae\nOxyeleotris heterodon Sentani gudgeon\nOxyeleotris marmorata Marble goby\nOxyeleotris siamensis\nOxyeleotris urophthalmoides\nOxyeleotris urophthalmus\nErythrinidae Erythrinus spp Trahiras\nHoplerythrinus spp\nHoplias spp\nEsocidae Esox spp Pikes\nFish Neogobius melanostomus Round goby\nSiganus rivulatus Marbled spinefoot, rabbit fish\nGasterosteidae Apeltes quadracus Four spined stickleback\nCulaea inconstans\nPungitius pungitius Ninespine stickleback\nGobiidae Acanthogobius flavimanus Yellow fin goby\nTridentiger trigonocephalus Trident goby\nGymnarchidae Gymnarchus niloticus Aba aba\nGymnotidae Electrophorus electricus Electric eel\n\nFisheries Regulations 1992 188\nHepsetidae Hepsetus odoe African pike\nHeteropneustidae Heteropneustes fossilis Stinging catfish\nHoloplankton Alexandrium monilatum Toxic dinoflagellate\nDinophysis norvegica Toxic dinoflagellate\nPfiesteria piscicida Toxic dinoflagellate\nChaetoceros concavicornis Centric diatom\nChaetoceros convolutus Centric diatom\nPseudo-nitzschia seriata Pennate diatom\nIctaluridae Ictalurus punctatus Channel catfish\nLebiasinidae Lebiasina bimaculata Twospot lebiasina\nLepidosirenidae Lepidosiren paradoxa South American lungfish\nLepisosteidae Atractosteus spp Alligator gar, tropical gar,\nCuban gar\nLepisosteus spp Spotted gar, longnose gar,\nshortnose gar, Florida gar\nMalapteruridae Malapterurus spp Electric catfish\nMollusca Musculista senhousia Asian bag mussel\nMytilopsis sallei Black striped mussel\nPerna perna Brown mussel\nPerna viridis Asian green mussel\nCorbula (Potamocorbula)\namurensis\nAsian clam, brackish-water\ncorbula\nEnsis directus Jack-knife clam\nMya arenaria Soft shell clam\nTheora lubrica Asian semelid bivalve\nVaricorbula gibba European clam\nCrepidula fornicata American slipper limpet\nRapana venosa (syn Rapa whelk\n\nFisheries Regulations 1992 189\nRapana thomasiana)\nMaoricolpus roseus New Zealand screwshell\nMormyridae Mormyrops anguilloides Bottlenose, Cornish jack\nPangasiidae Pangasianodon\nhypophthalmus\nSutchi catfish\nPangasius conchophilus\nPangasius elongatus\nPangasius gigas Mekong giant catfish\nPangasius krempfi\nPangasius kunyit\nPangasius larnaudii Spot pangasius\nPangasius macronema\nPangasius nasutus\nPangasius nieuwenhuisii\nPangasius pangasius Yellowtailed catfish\nPoeciliidae Alfaro cultratus Knife-edged livebearer\nAlfaro huberi\nBelonesox belizanus Pike minnow, pike killifish\nGambusia spp Gambusia, mosquito fish\nHeterandria bimaculata Twospot livebearer\nTomeurus gracilis\nPolyodontidae Polyodon spathula Mississippi paddlefish\nPsephurus gladius Chinese swordfish\nPolypteridae Erpetoichthys calabaricus Reedfish\nPotamotrygonidae Paratrygon aiereba Discus ray\nProtopteridae Protopterus aethiopicus Marbled lungfish\nProtopterus amphibius Gilled lungfish\nProtopterus annectens African lungfish\n\nFisheries Regulations 1992 190\nProtopterus dolloi Slender lungfish\nRivulidae Leptolebias aureoguttatus\nLeptolebias marmoratus Marbled pearlfish\nLeptolebias minimus Barred tail pearlfish\nLeptolebias opalescens Opal pearlfish\nSchilbeidae Schilbe intermedius Silver catfish\nSchilbe marmoratus Shoulderspot catfish\nSchilbe mystus African butter catfish\nSiluridae Silurus spp European catfish, wels\nTrichomycteridae Paravandellia oxyptera Parasitic catfish\nValenciidae Valencia hispanica Valencia toothcarp\n\nFisheries Regulations 1992 191\nregulation 3, definition Daly\nRiver Fish Management Zone\nThe Daly River Fish Management Zone is that part of the Territory bounded:\n(a) to the south west by an imaginary straight line drawn from near\nWombungi Outstation near grid reference 7189 E 83633 N (map 5168\nFlora) north westerly to the mean low water mark seaward of Cape Scott\nnear grid reference 5885 E 85072 N (map 4870 Dombey); and\n(b) to the north west by an imaginary line drawn from the Cape Scott\nreference point mentioned in paragraph (a) generally north easterly\nalong the mean low water mark of the coastline to the most northerly\npoint of Cliff Head near grid reference 6298 E 85211 N (map 4971\nAnson), then generally northerly along the mean low water mark of the\ncoastline and across the mouth of the Daly River to the mouth of the\nReynolds River near grid reference 6326 E 85347 N (map 4971 Anson),\nthen generally north westerly along the mean low water mark of the\ncoastline to a point due west of the southern boundary of the former\nWagait Aboriginal Reserve near grid reference 6225 E 85508 N\n(map 971 Anson); and\n(c) to the north and north east by an imaginary line running easterly along\nthe southern boundary of the former Wagait Aboriginal Reserve to a\npoint due north of Welltree Station Homestead near grid reference\n","sortOrder":338},{"sectionNumber":"6663","sectionType":"section","heading":"E 85508 N (map 5071 Reynolds River), then from that reference","content":"6663 E 85508 N (map 5071 Reynolds River), then from that reference\npoint due south to Welltree Station Homestead near grid reference\n6663 E 85396 N (map 5071 Reynolds River), then generally south\neasterly along the south western boundary edge of Welltree Station\naccess road to its junction with Skewe’s Road, then south easterly along\nthe south western boundary edge of Skewe’s Road to its junction with\nthe Daly River Road, then easterly along the southern boundary edge of\nDaly River Road to its junction with the Dorat Road, then south easterly\nalong the south western boundary edge of the Dorat Road to its junction\nwith the Stuart Highway and then south easterly along the south western\nboundary edge of the Stuart Highway to its junction with the\nClaravale/Dorisval Road near grid reference 8165 E 84503 N (map 5269\nFergusson River), but not including any buildings or parking areas\nassociated with roadhouses, rest areas or towns (including Pine Creek)\nalong the Stuart Highway; and\n(d) to the south east by the south eastern boundary edge of the\nClaravale/Dorisvale/Wombungi Road from its junction with the Stuart\nHighway referenced in paragraph (c) and then south-easterly to\nWombungi Outstation near grid reference 7189 E 83633 N (map 5168\nFlora);\n\nFisheries Regulations 1992 192\nincluding the Daly River upstream of the Claravale crossing on the\nClaravale/Dorisvale Road to the Flora River junction near grid reference\n","sortOrder":339},{"sectionNumber":"7914","sectionType":"section","heading":"E 83778 N (map 5268 Bowman), and all tributaries of the Daly River that","content":"7914 E 83778 N (map 5268 Bowman), and all tributaries of the Daly River that\nare downstream from that reference point and the parking and camping areas\nadjacent to the Claravale crossing.\nNote\nThe maps mentioned above are part of the 1:100 000 topographic series R621,\nedition 2-AAS, 1984.\n\nFisheries Regulations 1992 193\nregulation 10A(3), definition protection area\n","sortOrder":340},{"sectionNumber":"Part 1","sectionType":"part","heading":"Melville Island Protection Area","content":"Part 1 Melville Island Protection Area\nThe Melville Island Protection Area is all that area of sea in the Territory in the\nElphinstone Reef locality, being those parts of NT Portion 7435(A) starting\nnear Point Jahleel near a point on the Intertidal Zone of Lowest Astronomical\nTidal water mark of latitude 11° 11.404' south, longitude 131° 16.635' east;\nfrom there east along the northern boundary to a point of latitude 11°\n11.404' south, longitude 131° 34.200' east; from there south along the eastern\nboundary to a point of latitude 11° 28.440' south, longitude 131° 34.200' east;\nfrom there west along the southern boundary to the Intertidal Zone of Lowest\nAstronomical Tidal watermark near Soldier Point near a point of latitude 11°\n28.440' south, longitude 131° 31.831' east; from there in a northerly and\nnorth-westerly direction along the Intertidal Zone of Lowest Astronomical Tidal\nwatermark, past Tinganoo Bay, Pulloloo Bay, Boradi Bay, Quanipiri Bay and\nYunanti Bay to the starting point near Point Jahleel.\nNote for Part 1\nThis area includes Elphinstone Reef.\n","sortOrder":341},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charles Point Protection Area","content":"Part 2 Charles Point Protection Area\nThe Charles Point Protection Area is all that area of sea in the Territory, being\nthose parts of NT portion 7438(A) starting near Charles Point Patches at a\npoint of latitude 12° 20.612' south, longitude 130° 39.689' east; from there\nwest along the southern boundary to a point of latitude 12° 20.612' south,\nlongitude 130° 34.000' east; from there north along the western boundary to a\npoint of latitude 12° 16.000' south, longitude 130° 34.000' east; from there\neast along the northern boundary to a point of latitude 12° 16.000' south,\nlongitude 130°39.689' east; from there south along the eastern boundary to\nthe starting point near Charles Point Patches.\n\nFisheries Regulations 1992 194\n","sortOrder":342},{"sectionNumber":"Part 3","sectionType":"part","heading":"Howland Shoal and Emu Reef Protection Area","content":"Part 3 Howland Shoal and Emu Reef Protection Area\nThe Howland Shoal and Emu Reef Protection Area is all that area of sea in\nthe Territory, being those parts of NT Portion 7439(A) starting at a point west\nof Tree Point and south-east of Howland Shoals of latitude 14° 0.000' south,\nlongitude 129° 30.000' east; from there west along the southern boundary to a\npoint of latitude 14° 0.000' south, longitude 129° 18.000' east; from there north\nalong the western boundary to a point of latitude 13° 44.000' south, longitude\n129° 18.000' east; from there east along the northern boundary to a point of\nlatitude 13° 44.000' south, longitude 129° 30.000' east; from there south along\nthe eastern boundary to the starting point.\nNote for Part 3\nThis area includes Emu Reefs and Howland Shoals.\n","sortOrder":343},{"sectionNumber":"Part 4","sectionType":"part","heading":"Lorna Shoal Protection Area","content":"Part 4 Lorna Shoal Protection Area\nThe Lorna Shoal Protection Area is all that area of sea in the Territory, being\nthose parts of NT portion 7437(A) starting at a point of latitude 12° 19.655'\nsouth, longitude 130° 15.767' east; from there east along the northern\nboundary to a point of latitude 12° 19.655' south, longitude 130° 22.537' east;\nfrom there south along the eastern boundary to a point of latitude 12° 26.193'\nsouth, longitude 130° 22.537' east; from there west along the southern\nboundary to a point of latitude 12° 26.193' south, longitude 130° 15.767' east;\nfrom there north along the western boundary to the starting point.\nNote for Part 4\nThis area includes Lorna Shoal.\n\nFisheries Regulations 1992 195\nPart 5 Bathurst Island Protection Area\nThe Bathurst Island Protection Area is all that area of sea in the Territory,\nbeing those parts of NT Portion 7436(A) starting at a point near Rocky Point\non the Intertidal Zone of Lowest Astronomical Tide water mark near latitude\n11° 29.404' south, longitude 130° 09.135' east; from there in a south-westerly\ndirection towards Cape Helvetius to a point of latitude 11° 38.623' south,\nlongitude 130° 04.788' east; from there west along the southern boundary to a\npoint of latitude 11° 38.623' south, longitude 129° 59.400' east; from there\nnorth along the western boundary to a point of latitude 11° 31.854' south,\nlongitude 129° 59.400' east; from there in a north-easterly direction to a point\nof latitude 11° 21.935' south, longitude 130° 4.863' east; from there east along\nthe northern boundary to a point on the Intertidal Zone of Lowest Astronomical\nTide watermark south of Deception Point near latitude 11°21.935' south,\nlongitude 130° 14.819' east; from there in a south-westerly direction along the\nboundary of the Intertidal Zone of Lowest Astronomical Tide watermark past\nCaution Point to the starting point near Rocky Point.\nNote for Schedule 1AB\nThe points that define protection areas are determined by reference to the Geocentric Datum\nof Australia 1994 (GDA94).\n\nFisheries Regulations 1992 196\nregulation 10B(2), definition\nTiwi Islands restriction zone\nPart 1 Melville Island, Nodlaw Island and Karslake Island Restriction\nZone\nFirstly, all that area of land and sea being those parts of NT Portion 1644\n(Melville Island) that lie within its intertidal zone (between low water mark and\nhigh water mark), including adjoining inlets and tidal rivers and tributaries,\ncommencing near a point at latitude 11 degrees 11.532 minutes south,\nlongitude 130 degrees 25.844 minutes east; thence generally south easterly\nby said zone to near a point at latitude 11 degrees 26.445 south, longitude\n130 degrees 42.056 minutes east being near to Point Strath in Snake Bay;\nthence generally northerly by a closure line of true mid bearing 2 degrees\n52 minutes 20 seconds to near a point within the said zone at latitude\n11 degrees 25.464 minutes south, longitude 130 degrees 42.102 minutes east\nbeing near to Johnson Point in Snake Bay, including all that area of sea not\nwithin the said zone in Snake Bay as delineated by the said closure line;\nthence generally north easterly by the said zone to Radford Point; thence\ngenerally south easterly by said zone to near a point at latitude 11 degrees\n21.724 minutes south, longitude 131 degrees 01.177 minutes east being the\nwestern bank of the Jessie River; thence generally easterly by a closure line\nof true mid bearing 86 degrees 54 minutes 20 seconds to near a point on the\neastern bank of the Jessie River within the said zone at latitude 11 degrees\n21.652 minutes south, longitude 131 degrees 02.426 minutes east, including\nall that area of sea not within the said zone in the Jessie River as delineated\nby the said closure line; thence northerly, north easterly and southerly by said\nzone to near a point at latitude 11 degrees 17.201 minutes south, longitude\n131 degrees 10.306 minutes east being on the western bank of the Johnston\nRiver; thence generally south easterly by a closure line of true mid bearing\n119 degrees 26 minutes 40 seconds to near a point within the said zone at\nlatitude 11 degrees 17.849 minutes south on the eastern bank of the Johnston\nRiver, longitude 131 degrees 11.470 minutes east, including all that area of\nsea not within the said zone in the Johnston River as delineated by the said\nclosure line; thence generally northerly, north easterly by the said zone to\nPoint Jahleel; thence generally south easterly by the said zone to near a point\nat latitude 11 degrees 17.234 minutes, longitude 131 degrees 16.573 minutes\neast: and Secondly all that area of land and sea being those parts of\nNT Portion 1644 around Nodlaw Island and Karslake Island and described as\nall that lies within its intertidal zone (between low water mark and high water\nmark), including adjoining inlets and tidal rivers and tributaries and more\ndelineated on Compiled Plan 5565 lodged with the Surveyor-General, Darwin.\n\nFisheries Regulations 1992 197\nPart 2 Bathurst Island and Clift Island Restriction Zone\nFirstly, all that area of land and sea being those parts of NT Portion 1640\n(Bathurst Island) that lie within its intertidal zone (between low water mark and\nhigh water mark), including adjoining inlets and tidal rivers and tributaries,\ncommencing near a point at latitude 11 degrees 47.846 minutes south,\nlongitude 130 degrees 01.459 minutes east known as Cape Fourcroy; thence\ngenerally north easterly, south easterly and north easterly by said zone to\nnear a point at latitude 11 degrees 38.996 minutes south, longitude\n130 degrees 12.058 minutes east being near Munanampi Point in Port Hurd;\nthence north westerly by a closure line of true mid bearing 306 degrees\n58 minutes to near a point within the said zone at latitude 11 degrees\n38.622 minutes south, longitude 130 degrees 11.551 minutes east being near\nKanunga Point in Port Hurd, including all that area of sea not within the said\nzone in Port Hurd as delineated by the said closure line; thence northerly and\nnorth easterly by the said zone to Rocky Point; thence north easterly by the\nsaid zone to near a point at latitude 11 degrees 20.922 minutes south,\nlongitude 130 degrees 15.240 minutes east known as Deception Point: and\nSecondly all that area of land and sea being those parts of NT Portion 3042\naround Clift Island and described as all that lies within its intertidal zone\n(between low water mark and high water mark), including adjoining inlets and\ntidal rivers and tributaries and more delineated on Compiled Plan 5566 lodged\nwith the Surveyor-General, Darwin.\n\n","sortOrder":344},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Licence or permit for which fees are payable","content":"Schedule 2 Licence or permit for which fees are payable\nFisheries Regulations 1992 198\nSchedule 2 Licence or permit for which fees are payable\nregulation 206\nAboriginal Coastal licence\nAquaculture licence\nAquarium Fishing/Display Fishery licence\nAquarium Trader licence\nBait Net Fishery licence\nBarramundi Fishery licence\nCoastal Line Fishery licence\nCoastal Net Fishery licence\nDemersal Fishery licence\nDevelopment Fishery licence\nFish Broker licence\nFish Trader/Processor licence\nFishing Tour Operator licence\nJigging Fishery licence\nMud Crab Fishery licence\nMollusc Fishery licence\nOff-shore Net and Line Fishery licence\nOrnamental Aquaculture licence\nPearl Oyster Culture Industry licence\nPearl Oyster Fishery licence\nPublic Aquarium licence\nSpanish Mackerel Fishery licence\nTimor Reef Fishery licence\nTrepang Fishery licence\n\nSchedule 3 Licence or permit for which levies are payable\nFisheries Regulations 1992 199\nSchedule 3 Licence or permit for which levies are payable\nregulation 207\nAquaculture licence\nBait Net Fishery licence\nBarramundi Fishery licence\nCoastal Line Fishery licence\nCoastal Net Fishery licence\nDemersal Fishery licence\nDevelopment Fishery licence\nJigging Fishery licence\nMud Crab Fishery licence\nMollusc Fishery licence\nOff-shore Net and Line Fishery licence\nPearl Oyster Fishery licence\nSpanish Mackerel Fishery licence\nTimor Reef Fishery licence\nTrepang Fishery licence\n\n","sortOrder":345},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Tuna or tuna like species in respect of which taking as by-catch is prohibited","content":"Schedule 5 Tuna or tuna like species in respect of which taking as by-catch is prohibited\nor limited\nFisheries Regulations 1992 200\nSchedule 5 Tuna or tuna like species in respect of which\ntaking as by-catch is prohibited or limited\nregulation 72A\nCommon Name Scientific Name\nItem 1\nSouthern Bluefin tuna Thunnus maccoyii\nNorthern Bluefin tuna Thunnus thynnus\nBillfish families Istiophoridae and Xiphiidae\nItem 2\nYellowfin tuna Thunnus albacares\nBigeye tuna Thunnus obesus\nItem 3\nSkipjack tuna Katsuwonus pelamis\nAlbacore tuna Thunnus alalunga\nFanfishes family Bramidae\n\nFisheries Regulations 1992 201\nregulation 205A\nFisheries Act 1988\n1 Section 35(1) 4\nFisheries Regulations 1992\n2 Regulation 8(1) 2\n3 Regulation 9(1), 10B(1), 30 and 31(1) 4\n4 Regulation 32(2), 32(4), 34, and 39 2\n5 Regulation 41 4\n6 Regulation 46AAA(1) and (2), 46AAB(1) and (2),\n46AAC(2) and (3)\n7 Regulation 46AB(1), if the excess is less than 2 times\nthe permitted number\n8 Regulation 46AC, if the excess is less than 2 times\nthe permitted amount\n9 Regulation 46AD(1) and 46AE(1) 2\n10 Regulation 46AG(1) and (2), if the excess is less than\n2 times the limit\n11 Regulation 46AG(4A) and (4B), if the excess is less\nthan 2 times the permitted number\n12 Regulation 46AG(5) 2\n13 Regulation 46A(1), if the excess is less than 2 times\nthe permitted number\n14 Regulation 46B(2A) and (3), if the excess is less than\n2 times the permitted number\n15 Regulation 46B(6) 2\n\nFisheries Regulations 1992 202\n16 Regulation 46BAC(2), if the excess is less than\n2 times the permitted number\n17 Regulation 46BAD, 46BA(1), 46C(1) and 46D(1) and\n(2)\n18 Regulation 54(1), (2) and (3), 78G(2) and 78J(1) 4\n19 Regulation 78K If the excess\n20 Regulation 78P(1) and (3) and 100A(1), (2) and (4) 4\n21 Regulation 100B(1) 8\n22 Regulation 100F(1) and (3), 100H(1) and (4), 100J(2),\n100P(2) and 107E(2)\n23 Regulation 107K(3) and (4) 8\n24 Regulation 107M(1)(a) and (b) 4\n25 Regulation 107N If the excess\n\nFisheries Regulations 1992 203\n26 Regulation 107T(2), 107V(1) and (3), 107W(1),\n141JC(2) and 141JF(a) and (b)\n27 Regulation 141JG If the excess\n28 Regulation 141JL(2), 141JN(1) and (3) and 141JO(1) 4\nBarramundi Fishery Management Plan 1998\n29 Clause 12(1) and (3) and 21A(3) and (5) 4\n30 Clause 22(1), 23 and 24(1), (2), (3), (5) and (6) 2\n31 Clause 25(1) and (2), if the excess is less than 2\ntimes the limit\n32 Clause 25(4), 26(1), 27 and 28 2\nMud Crab Fishery Management Plan 2006\n33 Clause 13(1) and 13A(2) 2\n34 Clause 18 and 19 4\n35 Clause 26, if the excess is 10 pots or less 4\n36 Clause 27(1) and 28(1) and (3) 4\n37 Clause 38(1) 2\n38 Clause 40(1), if the excess is less than 2 times the\nlimit\n39 Clause 42 and 42A 2\n\nFisheries Regulations 1992 204\nSpanish Mackerel Fishery Management Plan 2004\n40 Clause 16(1), if the excess is less than 2 times the\npermitted limit\n\nSchedule 7 Species of fish or aquatic life for which permit to import may be granted\nFisheries Regulations 1992 205\nSchedule 7 Species of fish or aquatic life for which permit\nto import may be granted\nregulation 26(2)(a)(iii)\nCommon name Scientific name\nGolden perch Macquaria ambigua\nSilver perch Bidyanus bidyanus\nSouthern bluefin tuna Thunnus maccoyii\nYellowtail kingfish Seriola Ialandi\n\nFisheries Regulations 1992 206\nregulation 28AA\nCommon name Commercial quantity\nBlack jewfish 3\nGolden snapper 4\n\nFisheries Regulations 1992 207\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFisheries Regulations (SL No. 72, 1992)\nNotified 24 December 1992\nCommenced 1 January 1993 (r 2)\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nAmendments of Fisheries Regulations (SL No. 19, 1994)\nNotified 1 July 1994\nCommenced 1 July 1994\nAmendments of Fisheries Regulations (SL No. 3, 1995)\nNotified 31 January 1995\nCommenced 3 February 1995 (r 2)\nAmendment of Fisheries Regulations (SL No. 40, 1996)\nNotified 7 August 1996\nCommenced 7 August 1996\nAmendments of Fisheries Regulations (SL No. 31, 1997)\nNotified 12 November 1997\nCommenced 12 November 1997\nAmendments of Fisheries Regulations (SL No. 15, 1998)\nNotified 1 July 1998\nCommenced 1 July 1998\nAmendments of Fisheries Regulations (SL No. 3, 1999)\nNotified 10 February 1999\nCommenced 10 February 1999\n\nFisheries Regulations 1992 208\nAmendments of Fisheries Regulations (SL No. 10, 1999)\nNotified 31 March 1999\nCommenced 31 March 1999\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nAmendment of Fisheries Regulations (SL No. 36, 1999)\nNotified 1 December 1999\nCommenced 1 December 1999\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No.55, 1999)\nand Gaz S15, 12 April 1999)\nAmendment of Fisheries Regulations (SL No. 3, 2000)\nNotified 9 February 2000\nCommenced 9 February 2000\nAmendments of Fisheries Regulations (SL No. 17, 2000)\nNotified 12 April 2000\nCommenced 12 April 2000\nAmendments of Fisheries Regulations (SL No. 39, 2001)\nNotified 8 August 2001\nCommenced 8 August 2001\nAmendments of Fisheries Regulations (SL No. 49, 2001)\nNotified 19 December 2001\nCommenced 19 December 2001\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nAmendments of Fisheries Regulations (SL No. 19, 2003)\nNotified 28 March 2003\nCommenced 28 March 2003\nAmendment of Fisheries Regulations (SL No. 20, 2003)\nNotified 28 March 2003\nCommenced 28 March 2003\nAmendments of Fisheries Regulations (SL No. 46, 2003)\nNotified 3 September 2003\nCommenced 3 September 2003\nAmendments of Fisheries Regulations (SL No. 57, 2003)\nNotified 22 December 2003\nCommenced 22 December 2003\n\nFisheries Regulations 1992 209\nFisheries Amendment Act 2004 (Act No. 7, 2004)\nAssent date 7 January 2004\nCommenced 7 January 2004\nAmendments of Fisheries Regulations (SL No. 34, 2004)\nNotified 24 November 2004\nCommenced 24 November 2004\nFisheries Amendment (Spanish Mackerel Fishery) Regulations 2005 (SL No. 4, 2005)\nNotified 2 March 2005\nCommenced 1 January 2005 (r 3)\nFisheries Amendment (Shark Fishery) Regulations 2005 (SL No. 13, 2005)\nNotified 18 May 2005\nCommenced 18 May 2005\nFisheries Amendment (Off-shore Net and Line Fishery) Regulations 2005 (SL No. 48,\n2005)\nNotified 9 November 2005\nCommenced 9 November 2005\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nFisheries Amendment (Mud Crab Fishery) Regulations 2006 (SL No. 11, 2006)\nNotified 26 April 2006\nCommenced 1 May 2006 (r 2)\nFisheries Amendment (Pearl Oyster Fishery) Regulations 2006 (SL No. 23, 2006)\nNotified 30 June 2006\nCommenced 30 June 2006\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nFisheries Amendment (Fishing Tour Operator Licence) Regulations (No. 2) 2007\n(SL No. 10, 2007)\nNotified 18 April 2007\nCommenced 18 April 2007\nFisheries Amendment (Prescribed Fish) Regulations 2007 (SL No. 22, 2007)\nNotified 1 August 2007\nCommenced 1 August 2007\nFisheries Amendment (Public Aquarium Licence) Regulations 2008 (SL No. 3, 2008)\nNotified 5 March 2008\nCommenced 5 March 2008\nFisheries Amendment Regulations 2008 (SL No. 12, 2008)\nNotified 28 May 2008\nCommenced 28 May 2008\nFisheries Amendment Regulations (No. 2) 2008 (SL No. 27, 2008)\nNotified 20 October 2008\nCommenced 20 October 2008\n\nFisheries Regulations 1992 210\nFisheries Amendment (Permit to Import) Regulations 2008 (SL No. 28, 2008)\nNotified 20 October 2008\nCommenced 20 October 2008\nLivestock Act 2008 (Act No. 36, 2008)\nAssent date 8 December 2008\nCommenced 1 September 2009 (Gaz G34, 26 August 2009, p 3)\nFisheries Amendment (Noxious Fish and Aquatic Pests) Regulations 2009 (SL No. 6,\n2009)\nNotified 11 March 2009\nCommenced 11 March 2009\nFisheries Amendment (Aquarium Fishing/Display Fishery Licence) Regulations 2009\n(SL No. 28, 2009)\nNotified 26 August 2009\nCommenced 2 September 2009\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nFisheries Amendment (Possession Limits) Regulations 2009 (SL No. 38, 2009)\nNotified 14 December 2009\nCommenced 1 January 2010\nFisheries Amendment (Timor Reef Fishery) Regulations 2011 (SL No. 1, 2011)\nNotified 1 February 2011\nCommenced 1 February 2011 (r 3)\nFisheries Amendment Regulations 2011 (SL No. 2, 2011)\nNotified 1 February 2011\nCommenced 1 February 2011\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nFisheries Amendment (Fishing Gear and Amateur Fishing) Regulations 2012 (SL No. 3,\n2012)\nNotified 8 February 2012\nCommenced 13 February 2012 (r 2)\nFisheries Amendment (Demersal Fishery) Regulations 2012 (SL No. 5, 2012)\nNotified 31 January 2012\nCommenced pt 3: 1 June 2012; rem: 1 February 2012 (r 2)\nFisheries Amendment (Noxious Fish) Regulations 2012 (SL No. 34, 2012)\nNotified 3 August 2012\nCommenced 3 August 2012\n\nFisheries Regulations 1992 211\nFisheries Amendment (Pearl Oyster Licence Levy) Regulations 2012 (SL No. 50, 2012)\nNotified 14 December 2012\nCommenced 14 December 2012\nFisheries Amendment (Giant Clams and Freshwater Crustaceans) Regulations 2013\n(SL No. 36, 2013)\nNotified 1 October 2013\nCommenced 1 October 2013\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nFisheries Amendment Regulations 2014 (SL No. 30, 2014)\nNotified 10 September 2014\nCommenced 10 September 2014\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nFisheries Amendment (Amateur Fishing Limits) Regulations 2015 (SL No. 7, 2015)\nNotified 12 May 2015\nCommenced 12 May 2015\nFisheries Amendment Regulations 2015 (SL No. 8, 2015)\nNotified 12 May 2015\nCommenced 12 May 2015\nPorts Management (Repeals and Related Consequential Amendments) Act 2015 (Act\nNo. 12, 2015)\nAssent date 22 May 2015\nCommenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and\n54 to 56: nc (Act rep by Act No. 20, 2020, before comm);\nrem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)\nFisheries Amendment Regulations (No. 2) 2015 (SL No. 18, 2015)\nNotified 1 July 2015\nCommenced 1 July 2015\nFisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015 (SL\nNo. 19, 2015)\nNotified 1 July 2015\nCommenced 1 July 2015\nFisheries Amendment (Tiwi Islands Restriction Zones) Regulations 2016 (SL No. 22,\n2016)\nNotified 19 May 2016\nCommenced 19 May 2016\nFisheries Amendment (Transfer of Licences) Regulations 2016 (SL No. 34, 2016)\nNotified 6 July 2016\nCommenced 6 July 2016\n\nFisheries Regulations 1992 212\nFisheries Legislation Amendment Act 2016 (Act No. 23, 2016)\nAssent date 9 June 2016\nCommenced 1 January 2017 (Gaz G51, 21 December 2016, p 12)\nFisheries Amendment Regulations 2016 (SL No. 44, 2016)\nNotified 20 December 2016\nCommenced 1 January 2017 (r 2, s 2 Fisheries Legislation Amendment\nAct 2016 (Act No. 23, 2016) and Gaz G51,\n21 December 2016, p 12)\nFisheries Amendment (Dermersal Fishery Zones) Regulations 2017 (SL No. 7, 2017)\nNotified 19 April 2017\nCommenced 19 April 2017\nFisheries Amendment (Vessel Monitoring System Levy) Regulations 2018 (SL No. 1,\n2018)\nNotified 30 January 2018\nCommenced 1 February 2018 (r 2)\nFisheries Amendment (Priority Species and Swim Bladder) Regulations 2018\n(SL No. 18, 2018)\nNotified 4 July 2018\nCommenced 4 July 2018\nFisheries Amendment (Mud Crab) Regulations 2018 (SL No. 20, 2018)\nNotified 25 July 2018\nCommenced 25 July 2018\nFisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 (SL No. 25,\n2018)\nNotified 14 December 2018\nCommenced 17 December 2018\nFisheries Amendment Regulations 2019 (SL No. 31, 2019)\nNotified 27 November 2019\nCommenced 27 November 2019\nPlanning Amendment Act 2020 (Act No. 19, 2020)\nAssent date 1 July 2020\nCommenced 31 July 2020 (Gaz G30, 29 July 2020, p 1)\nFisheries Amendment (Aboriginal Coastal Licence) Regulations 2021 (SL No. 7, 2021)\nNotified 2 June 2021\nCommenced 2 June 2021\nFisheries Legislation Amendment Act 2022 (Act No. 27, 2022)\nAssent date 9 December 2022\nCommenced 10 December 2022 (s 2)\nFisheries Amendment (Infringement Notice) Regulations 2024 (SL No. 27, 2024)\nDate made 30 July 2024\nCommenced 31 July 2024 (r 2)\n\nFisheries Regulations 1992 213\n","sortOrder":346},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\nr 12 Amendments of Fisheries Regulations (SL No. 19, 1994)\nr 5 Amendments of Fisheries Regulations (SL No. 15, 1998)\nr 9 Fisheries Amendment (Spanish Mackerel Fishery) Regulations 2005 (SL\nNo. 4, 2005)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 10, 19, 26, 32, 46AAA,\n46B, 100M, 107Y, 109, 110, 120, 122A, 122D, 122G, 122N, 141JQ, 145,\n152, 162, 166, 167, 176, 178, 180, 200, 207, 209A and 210 and Sch 6.\n5 LIST OF AMENDMENTS\npt 1 hdg amd No. 3, 2012, r 23\nr 3 amd No. 19, 1994, r 2; No. 3, 1995, r 3; No. 31, 1997, r 2; No. 10, 1999, r 2;\nNo. 13, 2005, r 3; No. 3, 2008, r 3; No. 6, 2009, r 3; Act No. 36, 2008, s 152;\nNo. 1, 2011, r 4; No. 2, 2011, r 3; No. 5, 2012, r 4; No. 3, 2012, rr 4 and 23;\nNo. 36, 2013, r 3; No. 7, 2015, r 3; No. 8, 2015, r 3; Act No. 12, 2015, s 65;\nAct No. 23, 2016, s 45; No. 25, 2018, r 4; No. 31, 2019, r 4; Act No. 27, 2022,\ns 13\nr 4 amd No. 3, 1995, r 4; No. 57, 2003, r 2; No. 4, 2005, r 4; No. 13, 2005, r 4;\nAct No. 4, 2007, s 7; No 38, 2009, r 4; No. 5, 2012, r 5; No. 3, 2012, rr 5\nand 23; No. 18, 2015, r 3; Act No. 23, 2016, s 68; No. 20, 2018, r 4\nr 5 amd No. 3, 1995, r 5; No. 3, 2012, r 23\nr 6 sub No. 3, 1999, r 2\nr 8 sub No. 3, 2012, r 6\nr 9 sub No. 19, 1994, r 3; No 38, 2009, r 5\namd No. 36, 2013, r 4; No. 7, 2015, r 4; No. 44, 2016, r 4\nr 10A ins No. 7, 2015, r 5\namd No. 19, 2015, r 3\nr 10B ins No. 22, 2016, r 3\nrr 12 – 13 amd No. 3, 2012, r 23\nr 15 rep No. 3, 2012, r 7\nins Act No. 23, 2016, s 46\npt 3\ndiv 2 hdg sub No. 10, 1999, r 3\nr 16 amd No. 10, 1999, r 4; No. 3, 2012, r 23; Act No. 23, 2016, s 68\nr 17 amd No. 10, 1999, r 5; Act No. 23, 2016, s 68\nr 18 amd No. 10, 1999, r 6; Act No. 23, 2016, s 68\nr 19 amd No. 3, 1995, r 18; No. 10, 1999, r 7; No. 34, 2004, r 2; Act No. 36, 2008,\ns 152; No. 3, 2012, r 23; Act No. 23, 2016, s 68\nr 20 amd Act No. 36, 2008, s 152; No. 3, 2012, r 23\nr 21 amd No. 10, 1999, r 8; No. 3, 2012, r 23; Act No. 23, 2016, s 68\nr 22 amd No. 10, 1999, r 9; No. 3, 2012, r 23; Act No. 23, 2016, s 68\npt 3\ndiv 3 hdg amd Act No. 23, 2016, s 68\nr 23A ins No. 6, 2009, r 4\namd No. 34, 2012, r 3\nrep Act No. 23, 2016, s 47\nr 24 rep Act No. 23, 2016, s 47\nr 25 sub Act No. 23, 2016, s 47\n\nFisheries Regulations 1992 214\nr 26 amd No. 19, 1994, r 4; Act No. 18, 2002, s 5; No. 28, 2008, r 3; No. 3, 2012,\nr 8; No. 30, 2014, r 3; Act No. 23, 2016, s 48\nr 27 amd No. 3, 1995, r 18; Act No. 44, 2005, s 23; No. 3, 2012, r 23\nrep Act No. 23, 2016, s 49\nr 28 amd No. 3, 2012, r 23\nsub Act No. 23, 2016, s 49\npt 3\ndiv 3A hdg ins No. 18, 2018, r 4\nr 28AA ins No. 18, 2018, r 4\npt 3\ndiv 4 hdg ins No. 6, 2009, r 5\nr 28A ins No. 6, 2009, r 5\nr 29 sub No. 3, 2012, r 9\nr 31 amd No. 11, 2006, r 4; No. 3, 2012, r 10\nr 32 sub No. 3, 2012, r 11\nr 33 amd No. 3, 2012, r 23\nr 34 amd No. 3, 2012, r 12\nr 38A ins No. 5, 2012, r 6\nr 39 amd No. 3, 2008, r 4\nsub No. 2, 2011, r 4\nsub No. 3, 2012, r 13\nr 39A ins No 38, 2009, r 6\nsub No. 2, 2011, r 4\nrep No. 3, 2012, r 13\nr 40 amd No. 13, 2005, r 5\nr 41 amd No. 3, 2012, r 23; No. 7, 2015, r 6\nr 43 amd No. 7, 2015, r 7\npt 5 note ins No. 3, 2012, r 14\npt 5\ndiv 1 hdg ins No. 7, 2015, r 8\nr 46 amd No. 3, 2012, r 15; No. 7, 2015, r 9\nrr 46AAA –\n46AAB ins No. 3, 2012, r 16\nr 46AAC ins No. 3, 2012, r 16\namd No. 44, 2016, r 10\npt 5\ndiv 2 hdg ins No. 7, 2015, r 10\npt 5\nsdiv 1 hdg ins No. 7, 2015, r 10\nr 46AA ins No. 49, 2001, r 1\namd No 38, 2009, r 7; Act No. 28, 2011, s 5; No. 3, 2012, r 17\nsub No. 7, 2015, r 10\npt 5\nsdiv 2 hdg ins No. 7, 2015, r 10\nrr 46AB –\n46AC ins No. 7, 2015, r 10\npt 5\nsdiv 3 hdg ins No. 7, 2015, r 10\nrr 46AD –\n46AE ins No. 7, 2015, r 10\n\nFisheries Regulations 1992 215\npt 5\nsdiv 4 hdg ins No. 7, 2015, r 10\nr 46AF ins No. 7, 2015, r 10\nr 46AG ins No 38, 2009, r 8\nsub No. 2, 2011, r 5\namd Act No. 28, 2011, s 5; No. 3, 2012, r 18; No. 36, 2013, r 5\nrenum No. 7, 2015, r 11\nr 46A ins No. 40, 1996\nsub No. 49, 2001, r 1; No. 57, 2003, r 3\namd Act No. 28, 2011, s 5; No. 3, 2012, r 23; No. 36, 2013, r 6; No. 7, 2015,\nr 12\nr 46B ins No. 31, 1997, r 3\namd No. 49, 2001, r 2; No. 22, 2007, r 3; Act No. 28, 2011, s 5; No. 3, 2012,\nr 19; No. 36, 2013, r 7; No. 7, 2015, r 13; No. 19, 2015, r 4\npt 5\ndiv 3 hdg ins No. 7, 2015, r 14\nrr 46BAA –\n46BAD ins No. 7, 2015, r 14\npt 5\ndiv 4 hdg ins No. 7, 2015, r 14\nr 46BA ins No. 49, 2001, r 3\namd Act No. 28, 2011, s 5; No. 3, 2012, r 20\nr 46C ins No. 3, 2012, r 21\namd No. 7, 2015, r 15\nr 46D ins No. 18, 2018, r 5\nr 47 amd No. 3, 2012, r 23\nrep Act No. 23, 2016, s 50\nr 49 amd No. 3, 2012, r 23\nr 50 sub No. 3, 1995, r 6\namd No. 31, 1997, r 4\nrep Act No. 23, 2016, s 50\nr 51 rep No. 31, 1997, r 5\nr 53 amd No. 5, 2012, r 18; No. 25, 2018, r 5\nr 56 amd No. 44, 2016, r 10\nr 58 amd No. 31, 1997, r 6\nsub No. 1, 2011, r 5\nr 59 amd No. 3, 2012, r 23; No. 8, 2015, r 4; No. 18, 2015, r 4\nr 60 amd No. 3, 2012, r 23\nrr 62 – 63 amd No. 3, 2012, r 23\nr 67 amd No. 31, 1997, r 22\nr 68 sub No. 34, 2004, r 3\nr 69 amd No. 31, 1997, r 7; Act No. 23, 2016, s 68\nr 71 amd No. 3, 1995, r 7; No. 3, 2008, r 5; No. 3, 2012, r 23; No. 8, 2015, r 5;\nNo. 44, 2016, r 10\nr 72 sub No. 31, 1997, r 8\namd No. 20, 2003; No. 3, 2012, r 23\nr 72A ins No. 19, 2003, r 1\npt 8\ndiv 1 hdg sub No. 3, 1995, r 8\npt 8\nsdiv 1 hdg ins No. 19, 2015, r 5\nr 73 sub No. 3, 1995, r 8\namd No. 17, 2000, r 1; No. 19, 2015, r 6\n\nFisheries Regulations 1992 216\nr 74 sub No. 3, 1995, r 8\namd No. 3, 2012, r 23; No. 19, 2015, r 7\nr 75 sub No. 3, 1995, r 8\nr 76 sub No. 3, 1995, r 8\nr 76A ins No. 3, 1995, r 8\namd No.17, 2000, r 2\nr 77 sub No. 3, 1995, r 8\npt 8\nsdiv 2 hdg ins No. 19, 2015, r 9\nr 77A ins No. 19, 2015, r 9\nr 78 sub No. 3, 1995, r 8\namd No. 3, 2012, r 23; No. 19, 2015, r 10\nr 78A ins No. 3, 1995, r 8\namd No. 3, 2012, r 23; No. 19, 2015, r 11\npt 8\nsdiv 3 hdg ins No. 19, 2015, r 12\nrr 78B – 78F ins No. 19, 2015, r 12\npt 8\nsdiv 4 hdg ins No. 19, 2015, r 12\nrr 78G – 78Q ins No. 19, 2015, r 12\npt 8\nsdiv 5 hdg ins No. 19, 2015, r 12\nrr 78R – 78T ins No. 19, 2015, r 12\npt 8\nsdiv 6 hdg ins No. 19, 2015, r 12\nrr 78U – 78W ins No. 19, 2015, r 12\nr 79 amd No. 3, 2012, r 23\nr 80 amd No. 34, 2016, r 3\nr 82 rep No. 34, 2016, r 4\nr 83 amd No. 12, 2008, r 3\nr 84 amd No. 3, 2012, r 23; No. 34, 2016, r 5\nrr 85 – 86 amd No. 3, 2012, r 23\nr 87 amd No. 34, 2016, r 6\nr 88 rep No. 34, 2016, r 4\nr 89 amd No. 12, 2008, r 4; No. 7, 2015, r 16\nrr 90 – 91 amd No. 3, 2012, r 23\npt 8\ndiv 4 hdg sub No. 4, 2005, r 5\nr 92 sub No. 4, 2005, r 5\nr 93 sub No. 19, 1994, r 5\namd No. 3, 1995, r 18\nrep No. 4, 2005, r 5\nr 94 amd No. 3, 1995, r 18\nrep No. 4, 2005, r 5\nr 95 rep No. 4, 2005, r 5\npt 8\ndiv 5 hdg sub No. 3, 1995, r 9; No. 48, 2005, r 3\n\nFisheries Regulations 1992 217\npt 8\nsdiv 1 hdg ins No. 25, 2018, r 6\nr 96 sub No. 3, 1995, r 9\namd No. 13, 2005, r 6; No. 48, 2005, r 4\nsub No. 25, 2018, r 6\nr 96A ins No. 3, 1995, r 9\nsub No. 48, 2005, r 5\namd No. 25, 2018, r 7\nr 96B ins No. 3, 1995, r 9\namd No. 3, 1999, r 3; No. 48, 2005, r 13; Act No. 23, 2016, s 68; No. 44,\n2016, r 10\nr 96C ins No. 3, 1995, r 9\nsub No. 13, 2005, r 7\namd No. 48, 2005, r 13; No. 3, 2012, r 23\npt 8\nsdiv 2 hdg ins No. 25, 2018, r 8\nr 96CA ins No. 13, 2005, r 7\namd No. 48, 2005, r 13\nr 96CB ins No. 13, 2005, r 7\namd No. 48, 2005, r 6; Act No. 28, 2011, s 5; No. 3, 2012, r 23; Act No. 23,\n2016, s 51\nr 96CC ins No. 13, 2005, r 7\namd No. 48, 2005, r 7; Act No. 23, 2016, s 52\nr 96CD ins No. 25, 2018, r 8\npt 8\nsdiv 3 hdg ins No. 25, 2018, r 8\nrr 96CE –\n96CI ins No. 25, 2018, r 8\npt 8\nsdiv 4 hdg ins No. 25, 2018, r 8\nrr 96CJ –\n96CL ins No. 25, 2018, r 8\npt 8\nsdiv 5 hdg ins No. 25, 2018, r 8\nrr 96CM –\n96CO ins No. 25, 2018, r 8\npt 8\nsdiv 6 hdg ins No. 25, 2018, r 8\nr 96D ins No. 3, 1995, r 9\namd No. 3, 1999, r 4; No. 39, 2001, r 1; No. 13, 2005, r 8; No. 48, 2005, r 8;\nAct No. 28, 2011, s 5; No. 3, 2012, r 23; No. 25, 2018, r 9\nr 97 sub No. 3, 1995, r 9\namd No. 3, 1999, r 5; No. 36, 1999, r 1; No. 48, 2005, r 9; Act No. 23, 2016,\ns 53\n\nFisheries Regulations 1992 218\nr 98 sub No. 3, 1995, r 9\namd No. 3, 1999, r 6; No. 13, 2005, r 9; No. 48, 2005, r 10; Act No. 23, 2016,\ns 54\nr 99 sub No. 3, 1995, r 9\namd No. 13, 2005, r 10; No. 48, 2005, r 13\nr 100 sub No. 3, 1995, r 9\namd No. 3, 1999, r 7; No. 13, 2005, r 11; No. 48, 2005, r 13; No. 3, 2012,\nr 23; No. 7, 2015, r 17; No. 25, 2018, r 11\nr 100A ins No. 3, 1995, r 9\namd No. 48, 2005, r 13\nsub No. 25, 2018, r 12\nrr 100B –\n100P ins No. 25, 2018, r 12\npt 8\ndiv 6 hdg sub No. 3, 1995, r 10; No. 5, 2012, r 7\npt 8\nsdiv 1 hdg ins No. 5, 2012, r 7\nr 101 sub No. 3, 1995, r 10; No. 5, 2012, r 7\nr 102 sub No. 3, 1995, r 10; No. 5, 2012, r 7\nr 103 sub No. 3, 1995, r 10; No. 5, 2012, r 7\namd No. 7, 2017, r 3\npt 8\nsdiv 2 hdg ins No. 5, 2012, r 7\nrr 104 – 105 sub No. 3, 1995, r 10; No. 5, 2012, r 7\nr 106 sub No. 3, 1995, r 10; No. 5, 2012, r 7\nr 107 sub No. 3, 1995, r 10; No. 5, 2012, r 7\npt 8\nsdiv 3 hdg ins No. 5, 2012, r 7\nrr 107A –\n107D ins No. 5, 2012, r 7\npt 8\nsdiv 4 hdg ins No. 5, 2012, r 7\nrr 107E –\n107J ins No. 5, 2012, r 7\nr 107K ins No. 5, 2012, r 7\namd No. 5, 2012, r 19\nr 107KA ins No. 5, 2012, r 20\nrr 107L –\n107X ins No. 5, 2012, r 7\nr 107Y ins No. 5, 2012, r 7\nr 107Z ins No. 5, 2012, r 7\npt 8\nsdiv 5 hdg ins No. 5, 2012, r 7\nr 108 rep No. 31, 1997, r 9\nins No. 5, 2012, r 7\nrr 108A –\n108B ins No. 5, 2012, r 7\n\nFisheries Regulations 1992 219\npt 8\nsdiv 6 hdg ins No. 5, 2012, r 7\nrr 108C –\n108E ins No. 5, 2012, r 7\nr 109 amd No. 31, 1997, r 10\npt 8\ndiv 8 hdg sub No. 11, 2006, r 5\nr 111 rep No. 31, 1997, r 11\nins No. 11, 2006, r 5\nrr 112 – 114 rep No. 11, 2006, r 5\nr 116 rep No. 34, 2016 r 7\npt 8\ndiv 10 hdg sub No. 3, 1995, r 11; No. 15, 1998, r 2\npt 8\nsdiv 1 hdg ins No. 3, 1995, r 11\namd No. 50, 2012, r 4\nr 117 sub No. 3, 1995, r 11; No. 15, 1998, r 2\namd No. 23, 2006, r 3; No. 3, 2012, r 23\nr 117A ins No. 3, 1995, r 11\nr 118 sub No. 3, 1995, r 11; No. 15, 1998, r 2\nr 118A ins No. 3, 1995, r 11\nr 119 sub No. 3, 1995, r 11; No. 15, 1998, r 2\nr 119A ins No. 3, 1995, r 11\npt 8\nsdiv 2 hdg ins No. 3, 1995, r 11\nr 120 sub No. 3, 1995, r 11; No. 15, 1998, r 2\nrr 120A –\n120B ins No. 3, 1995, r 11\nr 121 amd No. 19, 1994, r 6\nsub No. 3, 1995, r 11; No. 15, 1998, r 2\nr 122 sub No. 3, 1995, r 11; No. 15, 1998, r 2pt 8\npt 8\nsdiv 3 hdg ins No. 15, 1998, r 2\nr 122A ins No. 3, 1995, r 11\namd No. 3, 2012, r 23; Act No. 38, 2014, s 2\nr 122B ins No. 3, 1995, r 11\npt 8\nsdiv 4 hdg ins No. 15, 1998, r 2\nrr 122C –\n122D ins No. 3, 1995, r 11\n\nFisheries Regulations 1992 220\nr 122E ins No. 3, 1995, r 11\npt 8\nsdiv 5 hdg ins No. 15, 1998, r 2\nr 122F ins No. 3, 1995, r 11\nrr 122G –\n122J ins No. 15, 1998, r 2\nrr 122K –\n122L ins No. 15, 1998, r 2\namd No. 44, 2016, r 10\nr 122M ins No. 15, 1998, r 2\namd No. 50, 2012, r 4\npt 8\nsdiv 6 hdg ins No. 15, 1998, r 2\nrr 122N –\n122Q ins No. 15, 1998, r 2\nr 122R ins No. 15, 1998, r 2\npt 8\ndiv 11 hdg rep No. 3, 1999, r 8\nrr 123 – 128 rep No. 3, 1999, r 8\nr 130 rep No. 27, 2008, r 3\nins No. 28, 2009, r 3\nr 131 amd No. 3, 1995, r 18\nr 132 amd No. 3, 2012, r 23; No. 8, 2015, r 6; No. 18, 2015, r 5\nr 135 sub No. 44, 2016, r 5\nr 135A ins No. 19, 1994, r 7\nr 138 sub Act No. 23, 2016, s 55\nr 139 amd No. 3, 1995, r 18; No. 3, 2012, r 23\nr 140 amd No. 3, 1995, r 18; No. 3, 1999, r 9; No. 3, 2012, r 23\nr 141 amd No. 3, 1995, r 18\npt 8\ndiv 15 hdg ins No. 3, 1995, r 12\npt 8\nsdiv 1 hdg ins No. 1, 2011, r 6\nr 141A ins No. 3, 1995, r 12\nsub No. 1, 2011, r 6\nr 141B ins No. 3, 1995, r 12\namd No. 1, 2011, r 7\nr 141C ins No. 3, 1995, r 12\npt 8\nsdiv 2 hdg ins No. 1, 2011, r 8\nr 141D ins No. 3, 1995, r 12\nr 141E ins No. 3, 1995, r 12\nr 141F ins No. 3, 1995, r 12\n\nFisheries Regulations 1992 221\nr 141G ins No. 3, 1995, r 12\npt 8\nsdiv 3 hdg ins No. 1, 2011, r 8\nr 141H ins No. 3, 1995, r 12\nr 141J ins No. 3, 1995, r 12\namd Act No. 38, 2014, s 2\nr 141JA ins No. 1, 2011, r 8\nr 141JB ins No. 1, 2011, r 8\namd No. 5, 2012, r 8\npt 8\nsdiv 4 hdg ins No. 1, 2011, r 8\nrr 141JC –\n141JD ins No. 1, 2011, r 8\nr 141JDA ins No. 5, 2012, r 21\nr 141JE ins No. 1, 2011, r 8\nsub No. 5, 2012, r 9\nrr 141JF –\n141JG ins No. 1, 2011, r 8\nr 141JH ins No. 1, 2011, r 8\namd Act No. 28, 2011, s 5; No. 5, 2012, r 17; No. 3, 2012, r 23\nr 141JI ins No. 1, 2011, r 8\nrr 141JJ –\n141JK ins No. 1, 2011, r 8\nrr 141JL –\n141JO ins No. 1, 2011, r 8\nr 141JP ins No. 1, 2011, r 8\nsub No. 5, 2012, r 10\nr 141JQ ins No. 1, 2011, r 8\namd Act No. 28, 2011, s 5; No. 5, 2012, r 11; No. 25, 2018, r 16\nr 141JR ins No. 1, 2011, r 8\namd Act No. 28, 2011, s 5; No. 5, 2012, r 12\npt 8\nsdiv 5 hdg ins No. 1, 2011, r 8\nr 141JS ins No. 1, 2011, r 8\nrr 141JT –\n141JU ins No. 1, 2011, r 8\npt 8\nsdiv 6 hdg ins No. 1, 2011, r 8\nr 141JV ins No. 1, 2011, r 8\nrr 141JW –\n141JX ins No. 1, 2011, r 8\n\nFisheries Regulations 1992 222\npt 8\ndiv 16 hdg ins No. 3, 1995, r 12\nr 141K ins No. 3, 1995, r 12\namd No. 4, 2005, r 6\nr 141L ins No. 3, 1995, r 12\nr 141M ins No. 3, 1995, r 12\namd No. 39, 2001, r 2\nr 141N ins No. 3, 1995, r 12\namd No. 3, 2000\nr 141P ins No. 3, 1995, r 12\nr 141Q ins No. 3, 1995, r 12\namd No. 4, 2005, r 7\nr 141QA ins No. 4, 2005, r 8\npt 8\ndiv 17 hdg ins No. 3, 1995, r 12\nrr 141R –\n141S ins No. 3, 1995, r 12\nr 141T ins No. 3, 1995, r 12\namd No. 31, 1997, r 12\nrr 141U –\n141X ins No. 3, 1995, r 12\nr 141Y ins No. 3, 1995, r 12\nrr 143 – 144 amd No. 3, 2012, r 23\nr 145 amd Act No. 86, 1993, s 3(2); Act No. 56, 1999, s 3(2); Act No. 7, 2011, s 147\nr 146 rep No. 31, 1997, r 13\nr 147 amd No. 31, 1997, r 14\nsub No. 3, 2008, r 6\nr 148 amd No. 3, 2012, r 23\nr 151 amd No. 3, 2012, r 23; No. 8, 2015, r 7; No. 18, 2015, r 6\nr 153 rep No. 34, 2004, r 4\nr 155 amd No. 3, 2012, r 23; No. 8, 2015, r 8; No. 18, 2015, r 7\nr 157 amd No. 3, 2012, r 23\nr 158 amd No. 3, 2012, r 23; No. 8, 2015, r 9; No. 18, 2015, r 8\npt 9\ndiv 5 hdg ins No. 1, 2011, r 9\nr 158A ins No. 1, 2011, r 9\nr 159 amd No. 8, 2015, r 10\nrep Act No. 23, 2016, s 56\nrr 160 – 161 amd No. 3, 2012, r 23\nr 162 amd Act No. 86, 1993, s 3(2); Act No. 7, 2011, s 147; No. 8, 2015, r 11; Act\nNo. 19, 2020, s 96\nr 164 rep No. 31, 1997, r 15\nr 166 amd No. 8, 2015, r 12\nr 167 amd No. 8, 2015, r 13\nr 168 amd No. 3, 2012, r 23; Act No. 23, 2016, s 68\nr 169 amd No. 3, 2012, r 23\n\nFisheries Regulations 1992 223\nr 170 amd No. 15, 1998, r 3; No. 3, 2012, r 23; No. 8, 2015, r 14\nr 171 amd Act No. 38, 2002, s 7; No. 3, 2012, r 23\nr 172 amd No. 3, 2012, r 23\nr 173 amd No. 31, 1997, r 22; No. 3, 2012, r 23; No. 8, 2015, r 15; No. 18, 2015, r 9\nr 174 amd No. 31, 1997, r 16\nsub No. 3, 2008, r 7\namd No. 8, 2015, r 16\nr 175 amd No. 31, 1997, r 22\npt 10\ndiv 2A hdg ins No. 8, 2015, r 17\nrr 175A –\n175C ins No. 8, 2015, r 17\nr 175D ins No. 8, 2015, r 17\namd No. 18, 2015, r 10\nrr 175E –\n175F ins No. 8, 2015, r 17\npt 10\ndiv 3 hdg sub No. 15, 1998, r 4\nr 176 sub No. 15, 1998, r 4\nr 177 sub No. 15, 1998, r 4\nr 178 sub No. 15, 1998, r 4\nr 179 amd No. 31, 1997, r 22\nr 180 amd No. 19, 1994, r 8\nr 181 amd No. 31, 1997, r 22\nr 181A ins No. 15, 1998, r 4\nr 181B ins No. 15, 1998, r 4\namd No. 3, 2012, r 23; Act No. 23, 2016, s 68\nr 183 amd No. 3, 2012, r 23; Act No. 19, 2014, s 26\nsub No. 44, 2016, r 6\nr 184 amd No. 3, 2012, r 23; No. 18, 2015, r 11\nr 187 sub No. 44, 2016, r 7\nr 188 amd No. 18, 2015, r 12\nr 189 sub No. 18, 2015, r 13\namd No. 7, 2021, r 4\nr 190 amd No. 3, 2012, r 23; No. 18, 2015, r 14\nr 191 sub No. 18, 2015, r 15\nr 191A ins No. 18, 2015, r 15\namd No. 44, 2016, r 8' No. 7, 2021, r 5\nr 192 sub No. 31, 1997, r 17\nsub Act No. 23, 2016, s 57\nr 193 amd No. 3, 2012, r 23\nr 194 rep No. 19, 2015, r 13\nrr 195 – 196 sub No. 31, 1997, r 18\nr 196A ins No. 3, 2012, r 22\nsub Act No. 23, 2016, s 58\nr 197 rep Act No. 23, 2016, s 58\nr 198 amd No. 31, 1997, r 19; Act No. 23, 2016, s 68\nr 199 amd No. 3, 2008, r 8; No. 3, 2012, r 23; No. 8, 2015, r 18; No. 18, 2015, r 16;\nAct No. 23, 2016, s 59\nr 200 amd Act No. 86, 1993, s 3(2); Act No. 19, 2020, s 96\n\nFisheries Regulations 1992 224\nr 201A ins No. 3, 2008, r 9\npt 11\ndiv 4A hdg ins No. 3, 2008, r 10\nr 202 rep No. 31, 1997, r 20\nins No. 3, 2008, r 10\namd No. 3, 2012, r 23; No. 8, 2015, r 19; No. 18, 2015, r 17; Act No. 23,\n2016, s 60\nr 202A ins No. 3, 2008, r 10\nr 203 amd No. 3, 2012, r 23\nsub Act No. 23, 2016, s 61\nr 204 amd No. 31, 1997, r 22\npt 11A hdg ins No. 44, 2016, r 9\nrr 205AA –\n205AD ins No. 44, 2016, r 9\npt 12 hdg amd No. 31, 1997, r 21\nr 205A ins Act No. 7, 2004, s 12\nsub Act No. 23, 2016, s 62\nr 206 amd No. 3, 1995, r 13; Act No. 27, 1999, s 16; No. 46, 2003, r 2; Act No. 4,\n2007, s 7; Act No. 25, 2009, s 11; No. 1, 2011, r 10; No. 3, 2012, r 23; Act\nNo. 23, 2016, s 68; No. 31, 2019, r 5\nr 207 amd No. 19, 1994, r 9; No. 3, 1995, r 14; Act No. 27, 1999, s 16; No. 46,\n2003, r 3; Act No. 4, 2007, s 7; Act No. 25, 2009, s 11; No. 1, 2011, r 11;\nNo. 3, 2012, r 23; No. 8, 2015, r 20\nr 208 amd No. 3, 2012, r 23\nr 208A ins No. 1, 2011, r 12\nr 208B ins No. 5, 2012, r 14\nr 208C ins No. 50, 2012, r 3\nr 208CA ins No. 25, 2018, r 13\nr 208D ins No. 1, 2018, r 4\nr 209 amd No. 3, 2012, r 23; Act No. 23, 2016, s 63\nr 209A ins No. 3, 1995, r 15\namd No. 3, 2012, r 23; Act No. 38, 2014, s 2; Act No. 23, 2016, s 68\nr 209B ins No. 1, 2011, r 13\nsub Act No. 23, 2016, s 64\npt 13 hdg ins No. 48, 2005, r 11\npt 14 hdg ins No. 48, 2005, r 12\nrr 211 – 213 ins No. 48, 2005, r 12\npt 15 hdg ins No. 23, 2006, r 4\nrr 214 – 215 ins No. 23, 2006, r 4\npt 16 hdg ins No. 1, 2011, r 14\nrr 216 – 221 ins No. 1, 2011, r 14\npt 17 hdg ins No. 5, 2012, r 15\nrr 222 – 227 ins No. 5, 2012, r 15\npt 18 hdg ins No. 19, 2015, r 14\nrr 228 – 232 ins No. 19, 2015, r 14\npt 19 hdg ins No. 25, 2018, r 14\nrr 233 – 238 ins No. 25, 2018, r 14\nsch 1 hdg amd No. 3, 2012, r 23\nsch 1 sub No. 6, 2009, r 6; Act No. 23, 2016, s 65\nsch 1AA ins No. 2, 2011, r 6\nsch 1AB ins No. 7, 2015, r 18\nsch 1AC ins No. 22, 2016, r 4\nsch 1A ins No. 6, 2009, r 6\nsub No. 34, 2012, r 4\nrep Act No. 23, 2016, s 66\n\nFisheries Regulations 1992 225\nsch 2 amd No. 19, 1994, r 10\nsub No. 3, 1995, r 16\namd No. 3, 1999, r 10; No. 46, 2003, r 4; No. 48, 2005, r 13; No. 10, 2007,\nr 2; No. 3, 2008, r 11; No. 5, 2012, r 17; No. 8, 2015, r 21\nsch 3 amd No. 19, 1994, r 11\nsub No. 3, 1995, r 17\namd No. 3, 1999, r 11; No. 46, 2003, r 5; No. 48, 2005, r 13; No. 5, 2012, r 17\nsch 4 ins No. 10, 1999, r 10\nrep No. 6, 2009, r 7\nsch 5 ins No. 19, 2003, r 2\nsch 6 ins Act No. 7, 2004, s 12\namd No. 1, 2011, r 15; Act No. 28, 2011, s 5; No. 5, 2012, r 16; No. 7, 2015,\nr 19; No. 22, 2016, r 5; Act No. 23, 2016, s 67; No. 1, 2018, r 5; No. 18, 2018,\nr 6; No. 20, 2018, r 5; No. 25, 2018, r 15\nsub No. 27, 2024, r 4\nsch 7 ins No. 28, 2008, r 4\nsch 8 ins No. 18, 2018, r 7","sortOrder":347}],"analysis":{"summary":{"name":"FISHERIES REGULATIONS 1992","slug":"fisheries-regulations-1992","title_id":"fisheries-regulations-1992","version_id":176842,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Complete principal regulations instrument covering all major commercial fisheries and amateur fishing in the Northern Territory. The source text is the full in-force version as at 31 July 2024 and includes all Parts (1-17) and Schedules."},"complexity_factors":["Multiple distinct commercial fishery regimes each with separate licensing, quota, gear and record-keeping rules","Quota unit allocation formulae with overcatch and undercatch mechanisms","Vessel monitoring system obligations with compulsory monitoring triggers","Interplay with Commonwealth Fisheries Management Act and Joint Authority arrangements","Extensive schedules including noxious species list, infringement notice offences, licence fees"],"plain_english_summary":"The Fisheries Regulations 1992 (NT) are the principal subordinate legislation under the Fisheries Act 1988 (NT), governing commercial and amateur fishing in Northern Territory waters. They cover every major aspect of the industry: gear specifications and restrictions, licensing frameworks for commercial fisheries, quota and fishery unit systems, aquaculture, fish processing, sale and labelling, and enforcement.\n\nThe Regulations declare and regulate a range of distinct commercial fisheries, including the Coastal Line Fishery, Coastal Net Fishery, Bait Net Fishery, Spanish Mackerel Fishery, Off-shore Net and Line Fishery, Demersal Fishery, Timor Reef Fishery, and Pearl Oyster Fishery. Each fishery has its own licence class, area declaration, permitted gear types, quota unit mechanism, and record-keeping requirements.\n\nFor amateur fishers, the Regulations set possession limits and size limits for numerous species, restrict gear types, and impose vessel possession limits. Noxious and protected species are subject to strict prohibition, and importation of live exotic fish requires a permit.\n\nThe quota system is a core feature: commercial licences attach fishery units and quota units that cap the total allowable catch. Quota units are allocated annually, can be transferred between licence holders with Director or Joint Authority approval, and expire if unused beyond prescribed thresholds.\n\nVessel monitoring system (VMS) obligations apply to certain offshore commercial fisheries, requiring continuous operation of approved monitoring equipment. Infringement notices apply to a wide range of regulatory breaches, with penalty amounts set in Schedule 6. General offences carry a maximum of 20 penalty units, while more serious breaches attract up to 170 penalty units.\n\nThe Regulations also establish a Disease and Pest Control Committee, regulate control areas for diseased fish, and maintain an extensive Schedule 1 list of noxious species prohibited from importation or release."},"kimi_summary":{"_metrics":{"completionTokens":812},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 1992 scope. Originally focused on basic licensing and gear rules, it now includes: sophisticated quota management systems with tradeable units (added 2005-2018), vessel monitoring requirements, detailed protection areas with GPS coordinates, Aboriginal-specific licensing provisions, aquaculture regulation, pearl oyster culture industry rules, and extensive transitional machinery for multiple fishery restructures. The 2024 version is approximately 3-4 times the complexity of the original 1992 regulations."},"complexity_factors":["Extensive cross-referencing between regulations, schedules, and fishery management plans","Multiple overlapping licensing systems with different rules for each fishery type","Detailed technical specifications for fishing gear (mesh sizes, twine diameters, pot dimensions, etc.)","Quota unit calculations with mathematical formulas and rounding rules","Numerous transitional provisions from multiple amendment rounds (1992-2024)","Joint Authority vs Director powers creating dual administrative structures","Conditional logic and nested exceptions throughout (e.g., 'unless the Director gives written approval')","Geographic coordinates and boundary descriptions requiring specialist interpretation","Schedule 1 alone contains 190+ noxious species with scientific names","Multiple definitions sections with fishery-specific terminology"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **Fisheries Regulations 1992** for the Northern Territory of Australia. They set out the detailed rules for how fishing works in NT waters — covering everything from what gear you can use, to how many fish you can catch, to who needs a licence and what conditions apply.\n\n**Who it affects:**\n\n- **Recreational/amateur fishers** — rules on bag limits, size limits, gear restrictions, and protected areas\n- **Commercial fishers** — licensing systems for 15+ different fisheries (like barramundi, mud crab, pearl oysters, sharks, etc.)\n- **Aquaculture operators** — rules for farming fish and pearl oysters\n- **Fish processors and retailers** — hygiene, labelling, and sales requirements\n- **Aboriginal communities** — special licences for traditional fishing\n\n**Key things the rules cover:**\n\n- **Possession limits:** How many fish you can keep (e.g., 15 bream, 5 cod, 3 sharks for amateurs)\n- **Size limits:** Minimum sizes for some species (e.g., mangrove jack must be 35cm)\n- **Gear rules:** What nets, lines, pots, and traps are allowed — with detailed technical specs (mesh sizes, lengths, etc.)\n- **Licence types:** Over 20 different licences, from \"Amateur\" to \"Off-shore Net and Line Fishery\" to \"Pearl Oyster Culture Industry\"\n- **Quota systems:** For major commercial fisheries, fishers get \"quota units\" that limit how much they can catch\n- **Protected species:** Lists of fish you cannot take (giant clams, certain sharks, sawfish, etc.)\n- **Noxious species:** A long list of invasive pests that must not be released or moved\n- **Disease control:** Rules for reporting and managing fish diseases\n- **Vessel monitoring:** GPS tracking required for many commercial operations\n- **Protection areas:** Special zones around islands and reefs with extra restrictions\n\n**Why it matters:**\n\nThese regulations try to balance **sustainable fishing** (so fish populations survive) with **economic activity** (supporting commercial fishers and tourism) and **cultural rights** (Aboriginal coastal licences). The rules are very detailed because different fish need different protection — some are overfished, some are invasive pests, and some are critical to local ecosystems."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1992 regulations were relatively simple, covering basic licensing, amateur limits, and gear rules. Since then, the regulations have expanded enormously to include individual transferable quotas for multiple fisheries (Off-shore Net and Line, Demersal, Timor Reef, Coastal Line), complex monitoring requirements (VMS, observers, electronic logbooks), detailed protection areas, Tiwi Islands restrictions, and extensive transitional arrangements for converting old licences to new quota-based systems. The scope has shifted from a command-and-control approach to a complex quota management system that creates tradeable property rights in fish, significantly increasing regulatory reach and administrative machinery."},"complexity_factors":["Over 200 regulations across 19 Parts, plus 8 Schedules","Approximately 150 defined terms in regulation 3 alone, plus gear definitions in regulation 4","Multiple cross-references between Parts and Divisions (e.g., Part 5 cross-references Barramundi and Mud Crab Management Plans)","Nested subdivisions within fisheries (e.g., Division 5 of Part 8 has Subdivisions 1-6)","Conditional rules with multiple exceptions (e.g., possession limits have defences for licences, permanent residence, etc.)","Complex quota formulas for fishery units and quota units (e.g., regulation 78F, 96CG, 107C, 141JA)","Transitional provisions in Parts 14-19 that preserve old licences and allocate units based on historical catch","Gear definitions with precise measurements and multiple conditions (e.g., 'complying marine pot' has 7 criteria)","Many 'maximum penalty' clauses with different amounts depending on the scale of the breach","Fishery-specific rules that vary by zone (e.g., Western Grey Mackerel Management Zone vs Eastern)"],"plain_english_summary":"These regulations control all fishing in the Northern Territory – from a person casting a line off a jetty to large commercial operations. They set out:\n\n- **Who can fish**: You need a licence for most commercial fishing, selling fish, or running a fishing tour. Amateur (recreational) fishing generally does not need a licence but has strict rules on how many fish you can keep, what gear you can use, and where you can fish.\n- **What you can take**: There are limits on the size and number of fish per person or per boat. Some species are completely protected (e.g., certain sharks, giant clams). Others like barramundi, mud crabs and Spanish mackerel have their own management plans.\n- **How you can fish**: Only certain gear is allowed for each type of licence – for example, amateurs can use hand lines, rods, cast nets, and specified pots. Commercial fishers have approved gear lists for each fishery (e.g., coastal line, offshore net, demersal trawl). Nets and traps must meet exact specifications.\n- **Where you can fish**: Some areas are closed entirely or have extra restrictions – protection areas, Tiwi Islands zones, Daly River Fish Management Zone. Artificial reefs have no-fishing zones.\n- **Catch quotas**: For several commercial fisheries (Off-shore Net and Line, Demersal, Timor Reef, Coastal Line western zone) the total amount of fish that can be taken each year is capped. Licence holders get individual quotas (fishery units and quota units) that can be bought, sold or transferred.\n- **Monitoring and reporting**: Many commercial vessels must have vessel monitoring systems (GPS tracking) or carry observers. Fishers must report catches, give notice before trips, and unload at designated ports.\n- **Fish handling and sales**: Processors, retailers and brokers need licences. Fish must be labelled, kept cold, and handled hygienically. Diseased or noxious species must be reported.\n- **Aquaculture and pearl farming**: Separate rules for breeding fish and growing pearls.\n- **Penalties**: Breaches can result in fines (up to 170 penalty units) and compulsory monitoring.\n\nThese regulations affect everyone who fishes in NT waters, but most directly commercial fishers, fish processors, aquaculture operators, and fishing tour operators. They matter because they aim to keep fish stocks sustainable while allowing fishing businesses to operate."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-regulations-1992","history":"/api/acts/fisheries-regulations-1992/history","analysis":"/api/acts/fisheries-regulations-1992/analysis","conflicts":"/api/acts/fisheries-regulations-1992/conflicts","importantCases":"/api/acts/fisheries-regulations-1992/important-cases","documents":"/api/acts/fisheries-regulations-1992/documents"}}