BARRAMUNDI FISHERY MANAGEMENT PLAN 1998 (Northern Territory)

The Barramundi Fishery Management Plan 1998 is a subordinate instrument made under the Fisheries Act 1988 that sets detailed spatial, temporal and gear controls for the Territory barramundi fishery declared in Gazette No. G48 of 6 December 1989 (clause 3). It came into force on 1 February 1998 (clause 2) and replaces the 1991 plan (clause 30). The Plan divides controls between commercial fishers (barramundi licensees and persons assisting them) and amateurs, prescribes closed and open seasons (definitions and cl 9), defines the commercial fishing area and specific exclusions (clause 8 and Schedule 5), establishes size and possession limits for fish (clauses 10 and 24-25), and imposes gear, mesh and marking requirements for gillnets (clauses 11-16, 12-15). It also sets specific management zones and holding areas (Schedules 1 and 3), a Daly River seasonally closed area (Schedule 2 and clause 28), and seasonal site-specific rules such as fishing restrictions at Shady Camp (clause 26) and special rules in the Mary River Fish Management Zone (clause 27 and Schedule 3).

For commercial licensees the Plan prescribes the maximum amount of gillnetting a licence permits (clause 15), the head-rope float configuration and licence-number marking requirements (clause 12), minimum mesh and material standards (clauses 13-14), rules for possession and transit of nets (clauses 16-19), and rules about how gillnets may be set in rivers (clause 20). The Plan also gives the Minister power to run licence buy-back schemes (clause 7) and the Director a power to grant approvals subject to conditions (clause 4(2) and clause 19). In 2018 the Plan was amended to require an approved vessel monitoring system (VMS) to be installed, maintained and kept operating on each vessel used under a barramundi licence, with limited exceptions by written approval of the Director (clause 21A).

NORTHERN TERRITORY OF AUSTRALIA BARRAMUNDI FISHERY MANAGEMENT PLAN 1998 As in force at 1 February 2018 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Application ....................................................................................... 1 Part 2 Controls Division 1 Preliminary matters 4 Interpretation ................................................................................... 1 4A Meaning of river ............................................................................... 3 5 When barramundi not taken ............................................................ 4 Division 2 Commercial fishing 6 Application ....................................................................................... 4 7 Buy-back schemes .......................................................................... 4 8 Fishing permitted only in commercial fishing area ........................... 4 9 Fishing permitted only in open season ............................................ 7 10 Minimum size limit ........................................................................... 7 11 No traps or pots to be used ............................................................. 7 12 Identification of gillnet ...................................................................... 7 13 Minimum mesh size of gillnet........................................................... 8 14 Size of monofilament netting material.............................................. 8 15 Amount of gillnet in use ................................................................... 9 16 Possession of gillnet restricted ........................................................ 9 17 Possession of gillnet permitted only at certain places ..................... 9 18 Possession of gillnet permitted in transit ....................................... 10 19 Possession of gillnet may be permitted by Director ....................... 10 20 Position of gillnets set in river ........................................................ 10 21 Sale of live crab prohibited ............................................................ 11 21A Vessel monitoring system required................................................ 11 Division 3 Amateur fishing 22 Amateur fishing gear only to be used ............................................ 12 23 No tethering of barramundi ............................................................ 12 24 Size limits ...................................................................................... 12 25 Possession limits ........................................................................... 13 26 Shady Camp – fishing from barrage .............................................. 15

Barramundi Fishery Management Plan 1998 ii 27 Fishing gear – Mary River.............................................................. 15 28 Seasonally Closed Area ................................................................ 16 Division 4 Fishing for the aquarium trade 29 Condition of aquarium licence ....................................................... 16 Division 5 Repeal 30 Repeal ........................................................................................... 16 Schedule 1 Holding areas Schedule 2 Daly River seasonally closed area Schedule 3 Mary River Fish Management Zone Schedule 5 Closure lines Schedule 6 Seven inch net lines ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 February 2018

BARRAMUNDI FISHERY MANAGEMENT PLAN 1998 Regulations under the Fisheries Act 1988 Part 1 Preliminary matters 1 Citation This Plan may be cited as the Barramundi Fishery Management Plan 1998. 2 Commencement This Plan comes into operation on 1 February 1998. 3 Application This Plan applies to the managed fishery relating to barramundi declared by notice in Gazette No. G48 of 6 December 1989. Part 2 Controls Division 1 Preliminary matters 4 Interpretation (1) In this Part: amateur's pot means a pot which a person who is not a licensee, as defined in clause 6 of the Mud Crab Fishery Management Plan 2006, may use to fish for mud crabs under that Plan. ancillary gear includes a gaff, creel, tackle box and tackle but does not include a trap for live bait or a net, other than a landing net. barramundi licence means a licence entitling the holder to fish in the fishery relating to barramundi mentioned in clause 3. barramundi licensee means a person holding a barramundi licence.

Part 2 Controls Division 1 Preliminary matters Barramundi Fishery Management Plan 1998 2 closed season means the period commencing on 1 October in any year and expiring on 31 January in the following year. closure line means an imaginary line drawn between the co-ordinates specified in Schedule 5 for a river or part of the coastline. coast means: (a) if a closure line is specified in Schedule 5 for a river or part of the coastline – the closure line; and (b) in relation to any other river – the mouth of the river; and (c) in relation to any other area – the point where the water meets the shore at Mean High Water Springs. commercial fishing area, see clause 8. Daly River Seasonally Closed Area means the area described in Schedule 2. day means a 24 hour period from midnight to midnight. gillnet means a net or part of a net (including any warp, rope, chain, material, device or thing used in conjunction with or attached to the net or part) that: (a) has a mesh size of not less than 65 mm; and (b) is used or is capable of being used to catch fish or aquatic life. headed length means the length of a barramundi with the head off, measured from the closest point to the tail fin on the curved edge of the rear of the gill slit to the tip of the middle ray of the tail fin, while the fish is lying flat on a measuring tape or measuring device. head rope means a rope attached to a gillnet for the purpose of providing support to the net and which may, but not necessarily, have floats attached. holding area means an area described in Schedule 1. Mary River Fish Management Zone means the area described in Schedule 3. mouth, of a river, means an imaginary line drawn from the most seaward extremity at Mean High Water Springs of one bank of the river to the most seaward extremity of the next bank at the same height of tide.

Part 2 Controls Division 1 Preliminary matters Barramundi Fishery Management Plan 1998 3 open season means the period commencing on 1 February in any year and expiring on 30 September in the same year. open waters means those waters in which a barramundi licensee is permitted to fish under clause 8. overall length means the length of a barramundi measured from the tip of the lower jaw to the tip of the middle ray of the tail fin while the fish is lying flat on a measuring tape or measuring device. port means the area of: (a) the port of Darwin bounded by an imaginary line extending between the co-ordinates 6990 E 86230 N, 6990 E 86210 N, 7020 E 86210 N and 7020 E 86230 N on Map Sheet Darwin 5073; and (b) the port at Gove Harbour bounded by an imaginary line extending between the co-ordinates 6820 E 86520 N, 6820 E 86470 N, 6860 E 86470 N and 6860 E 86520 N on Map Sheet Gove 6273. river, see clause 4A. seven inch net line, in respect of a river specified in Schedule 6, means an imaginary line drawn between the co-ordinates specified in that Schedule for that river. tender means a tender which, under section 19(2) of the Act, is deemed for the purposes of registration to form part of a vessel specified on a barramundi licence. unit of gillnetting means 100 m of gillnetting, measured along the head rope but along only so much of the head rope as has gillnetting attached. (2) An approval of the Director under this Part may be subject to such conditions, restrictions or limitations as the Director thinks fit and specifies in the approval. 4A Meaning of river (1) A river includes: (a) a creek, stream or tidal arm; and (b) a billabong, lake or other body of water, whether fresh or brackish, that, seasonally or consistently, flows directly or indirectly into the sea.

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 4 (2) For subclause (1), a tributary, branch, anabranch, channel or division of a river, or a river flowing into a river, is taken to form part of and be one river. 5 When barramundi not taken Subject to this Part, a barramundi is to be regarded not to have been taken by, or to be in the possession of, a person if, as soon as practicable after it has been taken, after allowing for such things as detaching it from a line or net, weighing it in a landing net, photographing it, measuring it or affixing an approved tag to it, it is released to the water with as little injury as possible. Division 2 Commercial fishing 6 Application (1) This Division applies to a barramundi licensee and to a person assisting a barramundi licensee. (2) Where an act or omission of a person assisting a barramundi licensee would constitute an offence against this Division if it were the act or omission of the licensee, the person may be charged with and convicted of the offence as if the person were a barramundi licensee and, for that purpose, a reference to a barramundi licensee doing an act or being prohibited from doing an act in this Division, including under a barramundi licence, includes such a person. 7 Buy-back schemes The Minister may, from time to time by Gazette notice, establish a barramundi licence buy-back scheme under which a barramundi licensee, in exchange for a determined consideration, transfers or surrenders to the Territory all or any units of gillnetting specified on the licence. 8 Fishing permitted only in commercial fishing area (1) The commercial fishing area is: (a) the area extending seaward from the mainland coast to an imaginary line that is 3 nautical miles from the shore of the mainland at mean low-water mark and that follows the shore or the mouth of any river; and (b) the area extending seaward from the coast of each included island to an imaginary line that is 3 nautical miles from the shore of each island at mean low-water mark and that follows the shore or the mouth of any river; and

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 5 (c) if a seven inch net line is specified in Schedule 6 for a river – the part of the river seaward of the line. (2) However, the following areas are not part of the commercial fishing area: (a) that part of Fog Bay that is landward of imaginary straight lines drawn between the following co-ordinates on 1:100 000 map sheet Fog Bay 4972: (i) 6320 E 85680 N to 6351 E 85680 N; (ii) 6351 E 85680 N to 6390 E 8570 N; (b) that part of the area described in subclause (1)(a) that falls between the following lines (whether or not it is also part of the area described in subclause (1)(b)): (i) an imaginary straight line in the vicinity of the Little Finnis River drawn between co-ordinates 6350 E 85740 N and 6390 E 8570 N on 1:100 000 map sheet Fog Bay 4972; (ii) an imaginary straight line in the vicinity of the Wildman River drawn between co-ordinates 1813 E 86445 N and 1813 E 86390 N on 1:100 000 map sheet Field Island 5373; (c) the dugong protection zones in the vicinity of the South West Islands, being the areas: (i) landward and south-easterly of an imaginary straight line drawn between co-ordinates 6761 E 82665 N and 6790 E 82674 N on 1:100 000 map sheet Pellew 6266; and (ii) landward and south-westerly of an imaginary straight line drawn between co-ordinates 6798 E 82669 N and 6832 E 82639 N on 1:100 000 map sheet Pellew 6266; (d) the McArthur River system, being the areas: (i) landward of an imaginary straight line drawn between co-ordinates 6630 E 82610 N (coast) and 6761 E 82665 N (South West Island) on 1:100 000 map sheet Pellew 6266; and

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 6 (ii) landward of an imaginary straight line drawn between co-ordinates 6800 E 82553 N (Amos Point) and 6895 E 82420 N (Sharker Point) on 1:100 000 map sheet Pellew 6266; (e) the dugong protection zone bounded by imaginary straight lines drawn between the following co-ordinates on 1:100 000 map sheet Pellew 6266: (i) 6826 E 82546 N to 7084 E 82546 N; (ii) 7084 E 82546 N to 7120 E 82477 N; (iii) 7120 E 82477 N to 7050 E 82427 N; (iv) 7050 E 82427 N to 6860 E 82427 N; (v) 6860 E 82427 N to 6826 E 82546 N. (3) A barramundi licensee must not fish under a barramundi licence outside the commercial fishing area. Maximum penalty: 85 penalty units. (4) In this clause: included island means an island other than the following: (a) Dum In Mirrie Island; (b) Beer Eetar Island; (c) Windirr Island; (d) Grose Island; (e) Bare Sand Island; (f) Little Bare Sand Island; (g) Quail Island; (h) Indian Island; (i) each island in the Vernon Island group.

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 7 9 Fishing permitted only in open season A barramundi licensee must not fish under a barramundi licence except during the open season. Maximum penalty: 85 penalty units. 10 Minimum size limit A barramundi licensee fishing under a barramundi licence must not take or have possession of a barramundi that has: (a) an overall length of less than 55 cm; or (b) a headed length of less than 39 cm. Maximum penalty: 40 penalty units. 11 No traps or pots to be used A barramundi licensee must not, when fishing under a barramundi licence, use: (a) a fish trap or a device designed to act as a trap or which may act as a trap; or (b) a pot, including a dilly pot and a crab pot. Maximum penalty: 40 penalty units. 12 Identification of gillnet (1) A barramundi licensee must not use a gillnet unless: (a) the following floats are attached to the gillnet and marked in accordance with subclause (2): (i) 3 floats, attached by passing the head rope through the centre of each float so that a float is placed at each end of the head rope and in the middle of the head rope; (ii) 2 reflective floats, each at least 300 mm in diameter and length, attached to the head rope so that a float is placed at each end of the head rope as the outermost float; and (b) no other marked floats are attached to the gillnet. Maximum penalty: 40 penalty units.

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 8 (2) Each float: (a) must be legibly and indelibly marked, in a way that allows the information to be easily read when the gillnet is in use, with one of the following in Arabic numerals: (i) the barramundi licensee's licence number; (ii) if the barramundi licensee holds a Shark Fishery licence and the gillnet is being used under that licence – that licence number; and (b) must not be marked with any other number. Example for subclause (2)(a) The licence number may be marked by incising the float or painting it with waterproof paint. (3) A barramundi licensee must not possess a gillnet to which marked floats are attached unless the floats are marked in accordance with subclause (2). Maximum penalty: 40 penalty units. (4) In this clause: reflective float means a float fitted with a strip of reflective tape at least 20 mm in width around the circumference on the vertical axis. 13 Minimum mesh size of gillnet A barramundi licensee must not use a gillnet that has a mesh size: (a) when fishing in waters between a seven inch net line and a closure line for or in relation to the same river – of less than 175 mm; or (b) when fishing in other open waters – of less than 150 mm. Maximum penalty: 40 penalty units. 14 Size of monofilament netting material A barramundi licensee must not, when fishing under a barramundi licence, use a gillnet constructed of monofilament material if the material has an international line size less than line 50. Maximum penalty: 40 penalty units.

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 9 15 Amount of gillnet in use A barramundi licensee must not, when fishing under a barramundi licence, use more units of gillnetting than the number specified on the licensee's licence. Maximum penalty: 85 penalty units. 16 Possession of gillnet restricted (1) Subject to subclause (2) and clause 19, a barramundi licensee must not have possession of a gillnet other than at a time and place and in accordance with the conditions, restrictions and limitations specified in clause 17 or 18. Maximum penalty: 40 penalty units. (2) Subclause (1) does not apply in respect of a gillnet marked in accordance with clause 12(2)(a)(ii). 17 Possession of gillnet permitted only at certain places (1) A barramundi licensee may possess a gillnet: (a) at any time: (i) at the licensee's permanent residence; or (ii) at an approved camp site; or (iii) in a port; or (iv) at the premises of a Net licensee; or (b) during the period starting 5 days before the open season and ending 5 days after the open season in the same year – in open waters or at a holding area; or (c) during the period starting 1 day before the open season and ending 1 day after the open season in the same year – at an approved camp site on a registered vessel used for the purposes of the licence held by the licensee. (2) However, a barramundi licensee must not, at any of the following places, possess a gillnet to which a head rope is attached unless floats are attached to the head rope, and marked, in accordance with clause 12(1) and (2): (a) outside a port on a vessel; (b) an approved camp site;

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 10 (c) any other place while fishing under a barramundi licence. Maximum penalty: 40 penalty units. 18 Possession of gillnet permitted in transit (1) Subject to this clause, a barramundi licensee may have possession of a gillnet while in transit between any of the places specified in clause 17. (2) A barramundi licensee must not have possession of a gillnet under subclause (1) unless: (a) where the gillnet is on a vessel, the vessel is registered by or on behalf of the barramundi licensee; and (b) the journey is unbroken and as direct as is practicable. (3) Subclause (1) does not permit a barramundi licensee to have possession of a gillnet on a river except: (a) if the licensee: (i) has notified the Director of the intended route and duration of the journey, not less than 24 hours before the journey begins; and (ii) does not significantly deviate from the intended route or extend the duration of the journey notified under subparagraph (i) or, where such deviation occurs, has notified the Director of the deviation; or (b) if the licensee is travelling between an approved camp site or holding area and open waters. 19 Possession of gillnet may be permitted by Director Despite clause 16, a barramundi licensee may have possession of a gillnet at a time, place or waters with the approval of the Director and in accordance with the conditions of the approval. 20 Position of gillnets set in river (1) A barramundi licensee must not set a gillnet in a river that forms part of the commercial fishing area: (a) if the netting on the gillnet extends, or will extend, at any time while the net is set in the river, across more than half of the width of the water where the gillnet is set; or

Part 2 Controls Division 2 Commercial fishing Barramundi Fishery Management Plan 1998 11 (b) where other gillnets are set in the river, if the netting on the gillnet, measured with the netting on all gillnets that are within 25 m of any part of the gillnet, extends, or will extend, at any time while the net is set in the river, across more than half of the width of the water where the gillnet is set. Maximum penalty: 40 penalty units. (2) A barramundi licensee in possession of a gillnet that is set in a river in contravention of subclause (1) is guilty of an offence. Maximum penalty: 40 penalty units. 21 Sale of live crab prohibited A barramundi licensee must not sell a live mud crab (being a crustacean of the genus Scylla). Maximum penalty: 40 penalty units. 21A Vessel monitoring system required (1) A barramundi licensee must install a vessel monitoring system approved in writing, on each vessel used under the licensee's barramundi licence. Maximum penalty: 85 penalty units. (2) A barramundi licensee must maintain the vessel monitoring system in accordance with the manufacturer's instructions. Maximum penalty: 85 penalty units. (3) A barramundi licensee must ensure the vessel monitoring system is operating at all times. Maximum penalty: 85 penalty units. (4) Subclause (3) does not apply if the Director gives the licensee written approval for the system not to be operating. (5) If the Director gives written approval under subclause (4), the licensee must comply with all conditions, restrictions or limitations specified in the approval. Maximum penalty: 85 penalty units. (6) Section 38(2)(b) of the Act applies to an offence against subclause (3).

Part 2 Controls Division 3 Amateur fishing Barramundi Fishery Management Plan 1998 12 Division 3 Amateur fishing 22 Amateur fishing gear only to be used (1) Subject to this Part, a person must not fish for barramundi otherwise than by using amateur fishing gear. Maximum penalty: 17 penalty units. (2) In this clause: amateur fishing gear means a rod and line and attachments, a handline and attachments, a hand spear, a bow and arrow (other than a crossbow), a spear-gun or ancillary gear. 23 No tethering of barramundi A person must not retain a barramundi on a tether line. Maximum penalty: 4 penalty units. 24 Size limits (1) A person must not take a barramundi that has: (a) an overall length of less than 55 cm; or (b) a headed length of less than 39 cm; unless under a licence entitling that person to do so. Maximum penalty: 8 penalty units. (2) A person must not have possession of a barramundi that has an overall length of less than 55 cm unless: (a) under a licence entitling the person to do so; or (b) the barramundi was lawfully obtained for the purpose of live display in an aquarium; or (c) the barramundi was lawfully brought into the Territory. Maximum penalty: 8 penalty units. (3) A person must not have possession of a barramundi or the carcass of, or a fillet or other piece obtained from, a barramundi having an overall length of less than 55 cm taken by a person other than under a licence. Maximum penalty: 8 penalty units.

Part 2 Controls Division 3 Amateur fishing Barramundi Fishery Management Plan 1998 13 (4) The possession in a place, other than a place of permanent residence, of a fillet obtained from a barramundi taken by person other than under a licence, being a fillet having a length of less than 27 cm, is prima facie evidence of possession of a barramundi having an overall length of less than 55 cm. (5) A person must not have possession in a Fish Management Zone of a barramundi that has an overall length of more than 90 cm unless: (a) under a licence entitling the person to do so; or (b) in a permanent residence; or (c) the barramundi was taken by a person fishing from a vessel in the Fish Management Zone, and an offence against subclause (6) was not committed in respect of the barramundi. Maximum penalty: 40 penalty units. (6) Each person on a vessel in a Fish Management Zone commits an offence if there is more than one barramundi on the vessel that has an overall length of more than 90 cm. Maximum penalty: 40 penalty units. (7) In this clause: vessel means: (a) subject to paragraph (b), a vessel other than a registered vessel; or (b) a vessel registered for a Fishing Tour Operator licence. 25 Possession limits (1) A person must not have possession of more than 3 barramundi in a Fish Management Zone. Maximum penalty: Possession of 4 to 14 barramundi – 17 penalty units; or Possession of more than 14 barramundi – 85 penalty units; and, in addition, $50 for each barramundi in excess of 3.

Part 2 Controls Division 3 Amateur fishing Barramundi Fishery Management Plan 1998 14 (2) A person must not have possession of more than 5 barramundi in any other place. Maximum penalty: Possession of 6 to 14 barramundi – 17 penalty units; or Possession of more than 14 barramundi – 85 penalty units; and, in addition, $50 for each barramundi in excess of 5. (3) It is a defence to a charge of an offence against subclause (1) or (2) if the defendant proves: (a) the barramundi were at a place of permanent residence; or (b) the defendant was entitled to possession of the barramundi under a licence. (4) A person who has taken 3 barramundi in the Mary River Fish Management Zone on a particular day must not continue to fish for barramundi in the Zone on that day unless the person uses a barbless hook. Maximum penalty: 17 penalty units. (5) Clause 5 does not apply to a barramundi taken in the Mary River Fish Management Zone unless the barramundi is taken with a barbless hook. (7) If a person is not alone and it is not readily ascertainable who took, or who has possession of, the barramundi that have been taken, this clause applies to each person, subject to this clause, as though each person took, and has the possession and control of, all the barramundi. (8) If a person establishes that: (a) he or she is a member of a fishing party; (b) the barramundi taken will be shared amongst the people in the fishing party; and (c) if the sharing was to take place amongst those people in the party who are present or able to be assembled in a short period of time, no person in the party would be guilty by reason of this subclause or otherwise of contravening this clause;

Part 2 Controls Division 3 Amateur fishing Barramundi Fishery Management Plan 1998 15 then this clause applies as though each person took, and has possession and control of, his or her share only of the barramundi that have been taken. (9) In this clause: barbless hook means a hook with: (a) no barbs; or (b) barbs that have been modified so that the tip of each barb lies flush with an unbarbed section of the hook. 26 Shady Camp – fishing from barrage (1) A person must not fish from or within a 100 m radius of the barrage wall at Shady Camp Billabong: (a) using bait; or (b) using fishing gear other than that permitted by subclause (2) or ancillary gear. Maximum penalty: 8 penalty units. (2) For subclause (1)(b), a person may fish from or within a 100 m radius of the barrage wall at Shady Camp Billabong using: (a) a handline; or (b) a rod and line; to which is attached, either to the line or to a lure or attachment on the line, not more than one hook. (3) For subclause (2) a treble hook, or any group of hooks joined together, is more than one hook. 27 Fishing gear – Mary River Subject to this Part, the only items of fishing gear which a person may fish with or have possession of in the Mary River Fish Management Zone are a hand line or a rod and line and ancillary gear, except when the person: (a) is legally fishing with an amateur's pot; or (b) is fishing under a licence that entitles the person to do so in the Zone. Maximum penalty: 4 penalty units.

Part 2 Controls Division 5 Repeal Barramundi Fishery Management Plan 1998 16 28 Seasonally Closed Area A person must not during the closed season in the Daly River Seasonally Closed Area: (a) take or have possession of a barramundi; or (b) fish other than with an amateur's pot; or (c) be in possession of: (i) a handline; or (ii) a rod and line; to which is attached a hook, lure or bait. Maximum penalty: 17 penalty units. Division 4 Fishing for the aquarium trade 29 Condition of aquarium licence A licence entitling the holder to fish for aquarium fish is subject to the condition that the holder must not fish for or take barramundi from within the Mary River Fish Management Zone. Division 5 Repeal 30 Repeal The Barramundi Fishery Management Plan made on 25 January 1991 and notified in Gazette No. S5 dated 31 January 1991, as amended and in force immediately before the commencement of this plan, is repealed.

Schedule 1 Holding areas Barramundi Fishery Management Plan 1998 17 Schedule 1 Holding areas clause 4, definition holding area The Mary River Holding Area

The waters enclosed by a straight imaginary line drawn across the mouth of Sampan Creek and another drawn across Sampan Creek 1.5 km to landwards of and parallel to the first-mentioned line.
The waters enclosed by a straight imaginary line drawn across the mouth of Tommycut Creek and another drawn across Tommycut Creek 1.0 km to landwards of and parallel to the first-mentioned line. The Daly River Holding Area The waters between the closure line for the Daly River specified in Schedule 5 and a straight imaginary line drawn across the Daly River from the northern bank of Millers Creek between the following co-ordinates: 6424 E 85249 N to 6404 E 85235 N ANSON 4971 excluding the waters of tributaries to the Daly River. The Roper River Holding Area The waters of the Roper River enclosed by the closure line for the Roper River and a straight imaginary line drawn between the following co-ordinates: 5328 E 83698 N to 5328 E 83687 N ROPER 5968 excluding the waters of tributaries to the Roper River. The Victoria River Boat Ramp Holding Area The waters of the Victoria River within a radius of 100 m from the public boat ramp at Big Horse Creek. The Finniss River Holding Area The waters enclosed by an imaginary straight line drawn across the mouth of the Finniss River and another drawn between the following co-ordinates: 6468E 85760N to 6468E 85750N FOG BAY 4972 excluding the waters of tributaries to the Finniss River.

Schedule 2 Daly River seasonally closed area Barramundi Fishery Management Plan 1998 18 Schedule 2 Daly River seasonally closed area clause 4, definition Daly River Seasonally Closed Area The Daly River Seasonally Closed Area means all that part of the Daly River and Anson Bay bounded: (a) to the east by an imaginary line drawn across the river from the defined western bank of the old outlet channel of Moon Billabong at co-ordinates 130 26.323 E, 13 28.292 S due south to the opposite bank; and (b) to the west by a straight imaginary line drawn between the most northerly point of Cliff Head at co-ordinates 130 11.995 E, 13 22.400 S and the most westerly point of the north bank of the outlet regarded as part of the Reynolds River at co-ordinates 130 13.509 E, 13 15.016 S; and includes all tributaries of the Daly River that are downstream from the first-mentioned imaginary line. Note for Schedule 2 Co-ordinates are shown in Geocentric Datum of Australia 1994 (GDA94) degrees decimal minutes (DD MM.MMM).

Schedule 3 Mary River Fish Management Zone Barramundi Fishery Management Plan 1998 19 Schedule 3 Mary River Fish Management Zone clause 4, definition Mary River Fish Management Zone The Mary River Fish Management Zone means that part of the Territory bounded: (a) to the south by the northern boundary edge of the Arnhem Highway; and (b) to the east by the westernmost part of the Point Stuart Road commencing at its junction with the Arnhem Highway northwards to its junction with the road to the Old Point Stuart Homestead and then by the westernmost part of that road to the site of the Old Point Stuart Homestead at grid reference 8060 E 86324 N map 5273 Point Stuart and then by an imaginary line drawn due north from that reference point to the low water mark in Chambers Bay and then westerly along low water mark to a point on the low water mark (that may be indicated by a marker), being a point 3 km east in a straight line from the northernmost part of the eastern bank of the mouth of Sampan Creek and then due north for 3 nautical miles; and (c) to the west by the right side of the formed road known as the Old Wildbore Station Road commencing at its junction with the Arnhem Highway at about grid reference 7725 E 85871 N map 5272 Mary River, then north to grid reference 7766 E 86047 N map 5272 Mary River, then east to grid reference 7813 E 86044 N map 5272 Mary River, then generally north to the road's end at grid reference 7858 E 86216 N map 5273 Point Stuart and then by an imaginary line drawn from that reference point due north to the low water mark in Chambers Bay and then easterly along the low water mark to a point on the low water mark (that may be indicated by a marker), being a point 3 km west in a straight line from the northernmost part of the western bank of the mouth of Tommycut Creek and then due north for 3 nautical miles; and (d) to the north by an imaginary line drawn between the seaward ends of the eastern and western boundaries of the Mary River Fish Management Zone, which runs parallel to the shore and river mouths of Chambers Bay at low water; and includes the Mary River upstream of the Mary River Bridge on the Arnhem Highway for approximately 6 km until the river braids at about grid reference 7916 E 85688 N map 5272 Mary River, and also includes the boat ramp immediately south of the bridge and the

Schedule 3 Mary River Fish Management Zone Barramundi Fishery Management Plan 1998 20 parking and camping areas adjacent to the boat ramp, but does not include the buildings and grounds and immediately adjacent parking areas of the Annaburroo Roadhouse (also known as the Bark Hut Inn) on the Arnhem Highway and being that part of the Territory as shown edged in red on the map held in the Head Office of the Fisheries Division, Department of Primary Industry and Fisheries, Darwin. Note: The maps mentioned above are part of series R621, edition 2-AAS, 1984.

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 21 Schedule 5 Closure lines clause 4(1), definition closure line Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Creeks west of Keep River 129 00.074 -15 01.362 to 129 02.306 -15 00.277 and 129 02.306 -15 00.277 to 129 07.050 -15 00.275 Keep River 129 06.667 -15 14.054 to 129 07.114 -15 14.325 Unnamed creek near mouth of Keep River 129 10.123 -15 05.047 to 129 10.682 -15 05.372 Creek on Keep estuary 129 13.703 -15 10.902 to 129 14.038 -15 10.739 Forsyth Creek 129 14.139 -15 00.812 to 129 26.585 -15 00.793 Creek on Keep estuary 129 16.819 -15 01.894 to 129 16.986 -15 01.568 and 129 18.054 -15 06.449 to 129 18.221 -15 06.340 Unnamed creek near mouth of Keep River 129 07.329 -15 00.275 to 129 07.888 -15 00.817 and 129 09.281 -14 58.049 to 129 09.560 -14 58.158 and 129 14.579 -14 55.387 to 129 16.309 -14 55.385 and 129 16.309 -14 55.385 to 129 16.249 -14 52.076 Unnamed creek in Queens Channel 129 21.605 -14 53.153 to 129 21.773 -14 53.424

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 22 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Forsyth Creek 129 22.613 -14 55.376 to 129 22.781 -14 55.972 and 129 23.508 -14 57.002 to 129 23.844 -14 57.272 and 129 24.123 -14 57.489 to 129 24.402 -14 57.705 Unnamed creek in Queens Channel 129 24.453 -14 55.047 to 129 24.621 -14 55.047 and 129 26.462 -14 55.423 to 129 26.574 -14 55.477 Forsyth Creek 129 26.471 -14 59.709 to 129 26.749 -14 59.166 and 129 26.524 -14 58.352 to 129 26.692 -14 58.623 Unnamed creeks and gutters in Victoria River 129 50.388 -15 21.880 to 129 50.510 -15 24.592 and 129 50.510 -15 24.592 to 129 51.691 -15 26.106 Victoria River 129 51.691 -15 26.106 to 129 52.634 -15 24.475 Creek on New Moon Inlet 129 33.767 -14 32.298 to 129 38.946 -14 32.285 Creeks on Gunn Channel 129 37.131 -14 59.901 to 129 41.037 -14 59.890 Unnamed creeks in Gunn Channel 129 38.079 -14 59.844 to 129 38.064 -14 54.799

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 23 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creeks in Gunn Channel and Keyling Inlet 129 38.566 -14 54.744 to 129 38.555 -14 51.001 and 129 38.555 -14 51.001 to 129 41.901 -14 50.991 and 129 41.901 -14 50.991 to 129 42.459 -14 51.098 and 129 42.459 -14 51.098 to 129 43.017 -14 51.150 and 129 43.017 -14 51.150 to 129 45.972 -14 50.924 Creeks on Whale Flat 129 43.115 -14 47.082 to 129 43.091 -14 39.596 and 129 43.091 -14 39.596 to 129 47.869 -14 35.783 and 129 47.869 -14 35.783 to 129 47.854 -14 31.823 Creek on Keyling Inlet 129 45.344 -14 46.803 to 129 45.735 -14 47.073 and 129 47.239 -14 46.689 to 129 47.740 -14 46.307 and 129 47.512 -14 45.006 to 129 47.959 -14 45.384 and 129 48.018 -14 46.306 to 129 48.016 -14 45.764 Fitzmaurice River 130 05.308 -14 48.188 to 130 05.295 -14 45.476 Ditji Beach unnamed creeks 129 22.055 -14 22.286 to 129 22.443 -14 21.200 Unnamed creek in Treachery Bay 129 23.563 -14 25.104 to 129 24.566 -14 25.916 Creek at Yelcher Beach 129 24.774 -14 17.670 to 129 24.827 -14 16.205

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 24 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Creek on Joseph Bonaparte Gulf 129 28.135 -14 29.110 to 129 28.859 -14 29.109 Unnamed creeks near Fossil Head 129 29.195 -14 29.867 to 129 29.807 -14 29.866 Unnamed creek on Dorcherty Island 129 30.641 -14 04.368 to 129 31.251 -14 04.041 Port Keats 129 32.486 -14 09.137 to 129 33.542 -14 09.135 Unnamed creek near Port Keats 129 33.431 -14 09.135 to 129 33.429 -14 08.159 Ingurmunai Creek 129 34.536 -14 06.312 to 129 35.536 -14 06.309 Moyle River 129 44.516 -13 58.527 to 129 45.071 -13 58.525 Chindi (Little Moyle) River 129 48.919 -13 46.958 to 129 48.908 -13 43.703 Cape Scott 129 49.873 -13 34.044 to 129 54.016 -13 29.961 Unnamed creeks in Anson Bay 129 57.740 -13 32.280 to 129 59.957 -13 32.163 and 130 00.511 -13 31.998 to 130 01.617 -13 31.451 Docherty Creek 130 03.608 -13 30.249 to 130 03.886 -13 30.411 Unnamed creeks in Anson Bay 130 07.146 -13 28.118 to 130 07.755 -13 27.898 Unnamed creek south of Point Blaze 130 07.748 -13 02.403 to 130 07.855 -13 01.589

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 25 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creeks in Anson Bay 130 08.252 -13 27.679 to 130 09.191 -13 26.915 and 130 09.191 -13 26.915 to 130 09.852 -13 26.207 and 130 09.611 -13 10.423 to 130 11.058 -13 11.935 and 130 11.058 -13 11.935 to 130 13.619 -13 14.798 Daly River 130 11.995 -13 22.454 to 130 13.619 -13 14.798 De Vere Creek 131 00.707 -11 53.429 to 131 01.255 -11 53.046 Bonkalji Creek 131 04.210 -11 50.584 to 131 05.361 -11 49.871 Creeks on Cobham Bay 131 21.927 -11 36.728 to 131 22.680 -11 34.716 Unnamed creek in Apsley Strait 130 30.897 -11 40.272 to 130 31.449 -11 40.594 Tipabina Creek 130 31.731 -11 41.786 to 130 32.940 -11 41.509 Unnamed creek in Apsley Strait 130 33.099 -11 40.369 to 130 33.649 -11 40.366 Tipabina Creek 130 33.698 -11 49.044 to 130 34.799 -11 49.038 Unnamed creek in Apsley Strait 130 34.212 -11 42.641 to 130 34.818 -11 42.637 Mirrapoka and Wirrianappi Creeks 130 34.756 -11 41.444 to 130 35.863 -11 42.523 Pekiapauthera Creek 130 36.423 -11 44.256 to 130 37.028 -11 44.144 Pramamee and Taradiri Creeks 130 36.999 -11 48.483 to 130 37.270 -11 47.777 and 130 37.270 -11 47.777 to 130 38.087 -11 46.307

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 26 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Tamratoarimu Creek 130 37.134 -11 43.330 to 130 37.575 -11 43.598 Unnamed creek in Shoal Bay 130 39.621 -11 45.159 to 130 39.842 -11 45.321 Pirrapillipoonga Creek 130 40.844 -11 47.159 to 130 41.177 -11 47.537 Takamprimili Creek 130 40.893 -11 46.128 to 130 41.108 -11 45.314 Pirapillipoonga Creek 130 41.950 -11 47.912 to 130 42.501 -11 47.909 Maclear/Arangimpi Creek 130 52.990 -11 52.290 to 130 53.709 -11 52.719 Unnamed creeks near Cape Gambier 130 58.578 -11 55.939 to 131 00.161 -11 54.030 Tunganapu Creek 130 03.510 -11 46.037 to 130 03.946 -11 44.842 Creek mouths in Gordon Bay 130 07.238 -11 42.008 to 130 07.790 -11 42.277 and 130 07.790 -11 42.277 to 130 09.441 -11 42.379 and 130 09.441 -11 42.379 to 130 10.537 -11 41.018 Port Hurd 130 12.566 -11 39.437 to 130 15.054 -11 41.921 and 130 15.054 -11 41.921 to 130 15.710 -11 40.996 Gullala Creek 130 12.530 -11 30.919 to 130 13.244 -11 30.699 and 130 13.244 -11 30.699 to 130 13.240 -11 29.886 Creek in Port Hurd 130 12.726 -11 38.297 to 130 13.277 -11 38.294

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 27 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Creek in Port Hurd (Martaboonga Creek) 130 14.823 -11 39.590 to 130 15.489 -11 40.780 Creeks in Aspley Strait 130 21.879 -11 30.498 to 130 25.308 -11 34.279 Piparto Creek 130 27.015 -11 34.433 to 130 27.565 -11 34.431 Eurumpanelli Creek 130 27.584 -11 38.228 to 130 27.576 -11 36.709 Euro Creek 130 28.033 -11 39.799 to 130 29.467 -11 40.442 Bremmer River and Moonganunu Creek 130 28.930 -11 32.525 to 130 29.596 -11 33.661 and 130 29.596 -11 33.661 to 130 29.112 -11 35.670 Unnamed creek in Apsley Strait 130 29.015 -11 38.220 to 130 29.293 -11 38.761 Dudwell Creek 130 13.987 -11 24.512 to 130 15.190 -11 22.879 Unnamed creek near Deception Point 130 15.237 -11 21.034 to 130 18.476 -11 20.207 Unnamed creek near Brace Point 130 21.061 -11 20.358 to 130 20.896 -11 20.413 and 130 20.896 -11 20.413 to 130 21.564 -11 22.037 Pimaroo Creek 130 21.516 -11 23.502 to 130 21.676 -11 22.579 Unnamed creek in Apsley Strait 130 22.589 -11 29.464 to 130 22.586 -11 28.813 Ungallalalla Creek 130 22.677 -11 24.961 to 130 23.283 -11 25.121 Unnamed Creek in St Asaph Bay 130 23.075 -11 16.334 to 130 23.516 -11 16.549

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 28 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creeks near Tamar Point 130 23.872 -11 21.972 to 130 24.531 -11 21.752 and 130 24.531 -11 21.752 to 130 24.755 -11 22.510 Unnamed creeks in St Asaph Bay 130 24.189 -11 19.258 to 130 24.735 -11 18.496 and 130 24.735 -11 18.496 to 130 24.182 -11 17.793 Arrima Creek 130 25.325 -11 26.576 to 130 25.650 -11 25.761 Kilu-impini Creek 130 30.220 -11 16.353 to 130 31.322 -11 16.945 Mirikau-yunga Creek 130 34.995 -11 25.170 to 130 37.579 -11 25.156 Point Strath to Wal-e-ga Point 130 42.040 -11 26.433 to 130 44.570 -11 26.526 Goose Creek 130 43.778 -11 22.951 to 130 44.273 -11 22.948 Andranangoo Creek 130 51.189 -11 21.333 to 130 51.187 -11 21.062 and 130 51.187 -11 21.062 to 130 51.570 -11 20.843 Unnamed creek near Lethridge Bay 130 57.169 -11 19.776 to 130 58.161 -11 20.149 Jessie River 131 01.367 -11 22.785 to 131 01.970 -11 22.672 Robinson Inlet 131 04.743 -11 18.477 to 131 07.600 -11 18.457 Johnston River 131 11.463 -11 20.598 to 131 13.660 -11 20.473 Creek at mouth of Johnston River 131 13.204 -11 18.416 to 131 13.318 -11 18.957 Unnamed creek at Point Jahleel 131 15.790 -11 11.889 to 131 17.273 -11 11.878

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 29 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creek on Yunanti Bay 131 19.451 -11 16.416 to 131 19.726 -11 16.413 and 131 19.726 -11 16.413 to 131 19.944 -11 16.249 Dongau Creek 131 22.650 -11 17.963 to 131 23.199 -11 17.958 Creek in Tinagnoo Bay 131 28.524 -11 23.878 to 131 29.623 -11 23.923 Unnamed creek east of Point Stuart 131 56.003 -12 16.249 to 131 56.724 -12 16.674 East Alligator River 132 41.025 -12 08.795 to 132 41.042 -12 06.843 Ilamaryi System 132 33.326 -11 29.910 to 132 36.460 -11 36.226 Unnamed creeks on north side of Endyalgout Island 132 33.907 -11 38.915 to 132 34.399 -11 39.299 and 132 34.399 -11 39.299 to 132 34.728 -11 39.464 and 132 36.434 -11 39.316 to 132 37.314 -11 39.323 and 132 37.314 -11 39.323 to 132 38.084 -11 39.329 Unnamed creek to north of Salt Water Creek 132 36.905 -11 48.482 to 132 37.456 -11 48.487 Unnamed side creek on Iwalg Creek 132 38.099 -11 37.540 to 132 38.871 -11 37.330 Salt Water Creek 132 38.912 -11 51.915 to 132 38.916 -11 51.427 Minimini System 132 39.163 -11 35.326 to 132 43.468 -11 40.132 and 132 43.468 -11 40.132 to 132 41.697 -11 41.365 Murgenella Creek 132 39.173 -11 53.544 to 132 39.235 -11 52.839

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 30 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Ilamaryi System 132 31.161 -11 25.934 to 132 33.326 -11 29.910 Unnamed creek in Somerville Bay 132 31.690 -11 02.680 to 132 32.294 -11 02.631 Unnamed creek at Cape Croker 132 34.955 -10 59.345 to 132 35.395 -10 59.240 Unnamed creek in Malay Bay 132 51.670 -11 24.957 to 132 51.944 -11 25.122 and 132 53.037 -11 25.889 to 132 53.588 -11 25.785 Angularli Creek 133 11.066 -11 43.366 to 133 11.615 -11 43.532 Marligur Creek 133 15.025 -11 43.987 to 133 15.245 -11 43.880 Angarlban Creek 133 18.429 -11 45.255 to 133 18.646 -11 45.853 Unnamed creek in Anuru Bay 133 21.999 -11 46.632 to 133 22.385 -11 46.526 King River 133 31.397 -11 49.612 to 133 32.609 -11 49.619 Unnamed creek in Arrla Bay 133 35.965 -11 50.178 to 133 35.968 -11 49.635 Unnamed creek near Guion Point 133 40.769 -11 47.489 to 133 40.772 -11 46.946 Goomadeer River 133 46.866 -11 50.934 to 133 49.674 -11 50.945 and 133 49.674 -11 50.945 to 133 49.670 -11 51.868 Unnamed creek near Cuthbert Point 133 47.668 -11 43.722 to 133 47.724 -11 43.559 Unnamed creeks near mouth of Goomadeer River 133 49.344 -11 50.944 to 133 49.347 -11 50.239 and 133 49.347 -11 50.239 to 133 50.119 -11 49.916 Wurugoij Creek 133 52.526 -11 54.049 to 133 53.403 -11 55.138

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 31 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Majari Creek 133 54.504 -11 55.142 to 133 56.157 -11 55.148 Nungbalgarri Creek 134 04.308 -11 55.882 to 134 04.307 -11 56.262 and 134 04.307 -11 56.262 to 134 04.968 -11 56.264 Unnamed creek near Hawkesbury Point 134 08.003 -11 55.026 to 134 08.167 -11 55.298 Unnamed creek near West Point 134 08.984 -11 58.176 to 134 09.481 -11 58.015 Liverpool River 134 09.955 -12 05.232 to 134 11.829 -12 05.237 Maningrida Township 134 12.551 -12 03.503 to 134 12.554 -12 02.310 and 134 12.554 -12 02.310 to 134 13.767 -12 02.313 Unnamed creek north of Maningrida 134 15.090 -12 02.262 to 134 15.202 -12 01.666 Anamayirra Creek 134 27.597 -12 05.113 to 134 27.599 -12 04.082 Ngandadauda Creek 134 45.740 -11 59.875 to 134 46.016 -11 59.387 Blyth River 134 34.656 -12 03.877 to 134 35.592 -12 04.095 Unnamed creek near mouth of Blyth River 134 34.711 -12 03.877 to 134 34.711 -12 03.389 Creeks near Milingimbi 134 48.217 -12 04.706 to 134 49.209 -12 04.707 and 134 49.209 -12 04.707 to 134 50.310 -12 08.451 and 134 50.310 -12 08.451 to 134 55.272 -12 10.515

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 32 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creek on south side of Milingimbi Island 134 52.130 -12 07.476 to 134 52.240 -12 06.987 Glyde River 135 02.994 -12 15.996 to 135 03.767 -12 15.996 Woolen River 135 09.450 -12 16.156 to 135 12.541 -12 18.107 and 135 15.081 -12 20.113 to 135 17.010 -12 17.832 and 135 17.010 -12 17.832 to 135 17.007 -12 15.336 Hutchinson Strait 135 17.007 -12 15.336 to 135 17.004 -12 12.623 Unnamed creek on north side of Howard Island 135 18.820 -12 09.149 to 135 19.316 -12 08.280 Unnamed creeks in Ngurubudana-mirri Bay 135 24.331 -12 06.646 to 135 24.330 -12 05.561 Hutchinson Strait 135 33.703 -12 05.978 to 135 35.801 -12 07.168 Unnamed creeks in Buckingham Bay 135 39.775 -12 08.786 to 135 38.840 -12 09.711 and 135 38.840 -12 09.711 to 135 38.956 -12 12.098 and 135 38.956 -12 12.098 to 135 38.956 -12 12.315 and 135 38.956 -12 12.315 to 135 40.120 -12 14.211 Kalarwoi River 135 40.188 -12 19.311 to 135 39.911 -12 18.877 and 135 39.911 -12 18.877 to 135 40.242 -12 18.877 Buckingham River 135 43.443 -12 19.248 to 135 43.774 -12 19.193

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 33 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creek in Buckingham Bay 135 49.930 -12 11.580 to 135 50.481 -12 11.524 Slippery Creek 135 56.727 -12 15.302 to 135 57.176 -12 17.524 Darwarunga, Habgood Rivers 135 56.922 -12 23.493 to 135 56.660 -12 27.454 and 135 56.660 -12 27.454 to 136 00.028 -12 27.713 Unnamed creek west of Hardy Island 136 00.210 -12 17.568 to 136 00.876 -12 18.379 Unnamed creek east of Gobalpa River 136 04.113 -12 27.698 to 136 06.322 -12 27.689 Unnamed creek west of Gobalpa River 136 09.079 -12 27.135 to 136 10.188 -12 28.215 Unnamed creek in Garadandanboi Bay 136 12.868 -12 10.844 to 136 13.422 -12 11.384 Goromuru River 136 13.278 -12 27.930 to 136 14.713 -12 27.923 Unnamed creeks to the east of Goromuru River 136 14.713 -12 27.923 to 136 15.426 -12 26.835 and 136 15.426 -12 26.835 to 136 17.460 -12 25.253 and 136 17.460 -12 25.253 to 136 19.161 -12 23.183 and 136 19.161 -12 23.183 to 136 18.440 -12 22.536 Burungbirinung River 136 18.608 -12 11.903 to 136 19.435 -12 11.899 Cato River 136 21.001 -12 16.068 to 136 21.719 -12 16.336 Peter John River 136 22.100 -12 15.411 to 136 22.097 -12 14.761

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 34 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Giddy River 136 40.924 -12 18.127 to 136 41.528 -12 17.635 Unnamed creek on Giddy River 136 41.637 -12 17.526 to 136 42.022 -12 17.361 Wonga Creek 136 43.477 -12 28.850 to 136 44.302 -12 28.519 Latram River 136 44.279 -12 16.588 to 136 45.323 -12 15.984 Unnamed creek near Cape Wirawawoi 136 44.843 -12 10.130 to 136 45.394 -12 10.126 Unnamed creek north of Port Bradshaw 136 47.270 -12 26.656 to 136 47.938 -12 27.465 Unnamed creek in Rocky Bay 136 54.264 -12 17.118 to 136 54.816 -12 17.114 Dalywoi Bay 136 55.290 -12 21.612 to 136 55.280 -12 20.310 Unnamed creeks in Grays Bay 136 31.539 -12 44.923 to 136 32.365 -12 44.376 Nanjiwoi Creek 136 35.144 -12 47.071 to 136 35.137 -12 45.986 Unnamed creek near Wayanmera Point 136 37.379 -12 42.176 to 136 38.149 -12 41.738 and 136 39.867 -12 42.486 to 136 40.307 -12 42.266 Holly Inlet 136 40.976 -12 34.778 to 136 42.246 -12 34.770 Unnamed creek in Caledon Bay 136 27.682 -12 46.789 to 136 29.003 -12 45.968 and 136 28.642 -12 50.418 to 136 29.475 -12 51.009 Ludtanba River 136 00.040 -13 12.686 to 136 01.535 -13 12.680 Durabudboi River 136 07.601 -13 07.284 to 136 10.371 -13 07.923

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 35 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creek in Myaoola Bay 136 14.796 -13 07.251 to 136 15.349 -13 07.248 and 136 16.467 -13 09.412 to 136 17.574 -13 09.407 and 136 17.557 -13 06.152 to 136 18.114 -13 06.692 Wyonga River and neighbouring creeks 136 18.102 -13 04.522 to 136 19.312 -13 03.052 and 136 19.312 -13 03.052 to 136 20.857 -13 02.447 Unnamed creek in Myaoola Bay 136 21.999 -13 08.733 to 136 22.548 -13 08.025 Unnamed creek in Blue Mud Bay 135 52.704 -13 20.362 to 135 53.088 -13 19.276 Koolatong River 135 56.115 -13 14.328 to 135 56.778 -13 13.892 Unnamed creeks in Jalma Bay 135 57.997 -13 13.887 to 135 59.926 -13 11.873 Walker River 135 49.823 -13 36.429 to 135 49.813 -13 33.500 Creeks on Bennet Bay 135 52.340 -13 42.225 to 135 54.071 -13 44.985 Unnamed creek in Blue Mud Bay 135 52.443 -13 39.892 to 135 53.110 -13 40.432 Unnamed creek in Bennet Bay 135 54.458 -13 44.767 to 135 55.569 -13 44.871 Anguruki Creek 135 55.227 -13 56.807 to 135 56.949 -13 56.746 Minnie Creek 135 54.520 -14 00.498 to 135 54.515 -13 59.413 Wuwarrwarra Creek 135 35.149 -14 29.472 to 135 35.702 -14 28.115 Miyangkala Creek 135 36.255 -14 26.594 to 135 37.364 -14 25.018 Rose River 135 42.905 -14 17.191 to 135 43.460 -14 16.810

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 36 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Kularruty Creek 135 46.510 -14 14.033 to 135 46.731 -14 13.762 Unnamed creek near Rantyirrity Point 135 51.783 -14 11.412 to 135 52.338 -14 11.138 Muntak Creek 135 52.724 -14 10.323 to 135 52.942 -14 09.183 Hart River 135 53.429 -14 05.818 to 135 53.650 -14 05.384 Ardurrurru Creek 135 30.992 -14 37.456 to 135 31.273 -14 38.541 Roper River 135 22.981 -14 44.144 to 135 24.486 -14 44.142 Nayarnni Creek 135 23.546 -14 48.429 to 135 23.602 -14 48.700 Childer Creek 135 24.333 -14 52.008 to 135 24.781 -14 52.766 Towns River 135 24.678 -14 57.432 to 135 24.678 -14 57.106 Mangkurdurrungku (Shortcut) Creek 135 26.154 -14 42.294 to 135 26.265 -14 42.023 Yiwapa Creek 135 26.320 -14 41.534 to 135 26.654 -14 41.534 Unnamed creek west of Spillen Creek 135 31.494 -15 00.835 to 135 32.220 -15 01.213 Limmen Bight River 135 31.586 -15 15.698 to 135 31.582 -15 14.125 Spillen Creek 135 34.344 -15 02.456 to 135 35.015 -15 02.888 Manukalungku Creek 135 45.301 -15 07.251 to 135 45.862 -15 07.792 Wuraliwuntya Creek 135 58.357 -15 17.344 to 135 58.356 -15 16.964

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 37 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed coastal creek west of Rosie Creek 136 02.669 -15 19.169 to 136 03.286 -15 19.654 and 136 05.473 -15 20.999 to 136 06.595 -15 21.807 and 136 09.847 -15 23.635 to 136 11.247 -15 23.953 Rosie Creek 136 12.251 -15 23.676 to 136 12.534 -15 24.163 Pine Creek 136 16.387 -15 32.602 to 136 16.727 -15 33.359 Bing Bong Creek 136 19.094 -15 36.002 to 136 19.768 -15 36.541 Mule Creek 136 25.319 -15 38.079 to 136 25.770 -15 38.618 Unnamed creek east of Sharker Point 136 45.831 -15 54.630 to 136 46.226 -15 54.898 Lousy Creek 136 47.252 -15 56.949 to 136 47.531 -15 56.785 Unnamed creeks east of Wearyan River 136 53.236 -15 55.597 to 136 54.586 -15 56.128 and 136 55.077 -15 54.768 to 136 55.359 -15 54.982 and 136 55.740 -15 53.732 to 136 55.569 -15 53.408 and 136 55.569 -15 53.408 to 136 57.465 -15 52.578 and 136 57.465 -15 52.578 to 136 57.693 -15 52.955 and 136 55.987 -15 56.169 to 136 56.772 -15 56.162 and 136 56.772 -15 56.162 to 136 56.767 -15 55.674

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 38 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creek on Fat Fellows Creek 136 58.589 -15 52.893 to 136 58.871 -15 53.107 Wearyan River 136 50.256 -16 00.557 to 136 50.251 -16 00.015 Fat Fellows Creek 137 00.050 -15 53.421 to 137 00.045 -15 52.879 and 137 00.045 -15 52.879 to 137 00.325 -15 52.877 Unnamed creek east of Fat Fellows Creek 137 02.247 -15 54.594 to 137 03.376 -15 55.450 and 137 04.843 -15 56.412 to 137 05.407 -15 56.786 and 137 06.758 -15 57.423 to 137 06.867 -15 57.151 Robinson River 137 10.792 -16 07.683 to 137 11.353 -16 07.677 Unnamed creek west of Robinson River 137 12.954 -16 00.343 to 137 13.683 -16 00.335 Shark Creek 137 18.053 -16 05.167 to 137 18.047 -16 04.625 Seven Emu Creek 137 22.180 -16 07.995 to 137 22.965 -16 07.986 Stockyard Creek 137 24.946 -16 09.536 to 137 25.224 -16 09.316 Skeleton Creek 137 29.663 -16 10.023 to 137 30.448 -16 10.014 Unnamed creek west of Calvert River 137 32.032 -16 11.079 to 137 32.704 -16 11.071 and 137 34.380 -16 10.563 to 137 34.719 -16 10.722 and 137 36.974 -16 11.616 to 137 37.198 -16 11.613 and 137 37.878 -16 12.092 to 137 38.158 -16 12.089 Calvert River 137 40.134 -16 21.331 to 137 41.256 -16 21.316

Schedule 5 Closure lines Barramundi Fishery Management Plan 1998 39 Description of Closure Line Longitude (E) Latitude (S) Longitude (E) Latitude (S) Unnamed creek south of Calvert River 137 46.423 -16 17.565 to 137 46.832 -16 18.697 Sandy Creek 137 48.556 -16 21.600 to 137 48.549 -16 21.059 Dingo Creek 137 50.263 -16 23.203 to 137 50.608 -16 23.740 Unnamed creek south of Calvert River 137 53.462 -16 26.952 to 137 53.746 -16 27.165 and 137 56.245 -16 29.081 to 137 56.532 -16 29.510 Note for Schedule 5 Co-ordinates are shown in Geocentric Datum of Australia 1994 (GDA94) degrees decimal minutes (DD MM.MMM).

Schedule 6 Seven inch net lines Barramundi Fishery Management Plan 1998 40 Schedule 6 Seven inch net lines clause 4, definition seven inch net line CO-ORDINATES MAP SHEET Victoria River 5560 E 83400 N to 5680 E 83400 N VICTORIA RIVER 4867 Fitzmaurice River 5824 E 83575 N to 5824 E 83614 N KEYLING 4868 East Alligator River 2440 E 86620 N to 2440 E 86580 N EAST ALLIGATOR 5473 Towns River 5460 E 83522 N to 5468 E 83504 N ROPER 5968 Limmen Bight River 5703 E 83329 N to 5772 E 83280 N MOUNT YOUNG 6067 Lousy Creek 6915 E 82402 N to 6923 E 82404 N PELLEW 6266 Wearyan River 6984 E 82398 N to 6992 E 82388 N PELLEW 6266 Robinson River 7420 E 82265 N to 7424 E 82251 N ROBINSON 6365 Calvert River 7923 E 81995 N to 7935 E 81995 N CALVERT RIVER 6465 Note: The maps mentioned above are part of series R621, edition 1-AAS.

ENDNOTES Barramundi Fishery Management Plan 1998 41 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Barramundi Fishery Management Plan (SL No. 4, 1998) Notified 30 January 1998 Commenced 1 February 1998 (cl 2) Amendment of Barramundi Fishery Management Plan (SL No. 52, 1998) Notified 25 November 1998 Commenced 25 November 1998 Amendments to Barramundi Fishery Management Plan (SL No. 20, 2002) Notified 1 July 2002 Commenced 1 July 2002 (cl 2) Barramundi Fishery Management Plan Amendment 2005 (SL No. 2, 2005) Notified 28 January 2005 Commenced 28 January 2005 Barramundi Fishery Management Plan Amendment (No.2) 2005 (SL No. 3, 2005) Notified 1 February 2005 Commenced 1 February 2005 Barramundi Fishery Management Plan Amendment 2010 (SL No. 1, 2010) Notified 27 January 2010 Commenced 1 February 2010 (cl 2) Barramundi Fishery Management Plan Amendment 2011 (SL No. 3, 2011) Notified 1 February 2011 Commenced 1 February 2011 (cl 2) Barramundi Fishery Management Plan Amendment 2012 (SL No. 52, 2012) Notified 19 December 2012 Commenced 19 December 2012 (Gaz S78, 19 December 2012 and Gaz S83 21 December 2012)

ENDNOTES Barramundi Fishery Management Plan 1998 42 Barramundi Fishery Management Plan Amendment 2014 (SL No. 35, 2014) Notified 31 October 2014 Commenced 31 October 2014 Barramundi Fishery Management Plan Amendment 2015 (SL No. 6, 2015) Notified 13 May 2015 Commenced 13 May 2015 Barramundi Fishery Management Plan Amendment 2017 (SL No. 3, 2017) Notified 22 March 2017 Commenced 22 March 2017 Barramundi Fishery Management Plan Amendment 2018 (SL No. 3, 2018) Notified 31 January 2018 Commenced 1 February 2018 (cl 2) 3 GAZETTE NOTICES Gaz S16, 15 April 2009 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 4. 5 LIST OF AMENDMENTS pt 1 hdg amd No. 3, 2011, cl 6 pt 2 div 1 hdg amd No. 3, 2011, cl 6 cl 4 amd No. 3, 2005, cl 3; No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 35, 2014, cl 3 cl 4A ins No. 3, 2005, cl 4 amd No. 52, 2012, cl 6 cl 5 amd No. 3, 2011, cl 6 cl 7 amd No. 3, 2011, cl 6 cl 8 amd No. 52, 1998; No. 20, 2002, cl 3; No. 2, 2005, cl 1; No. 3, 2005, cl 5; Gaz S16; No. 1, 2010, cl 4; No. 3, 2011, cl 6 sub No. 52, 2012, cl 3 cl 9 – 11 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6 cl 12 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 3, 2017, cl 3; No. 3, 2018, cl 4 cl 13 amd No. 3, 2005, cl 6; No. 3, 2011, cl 6; No. 52, 2012, cl 6 cl 14 – 15 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6 cl 16 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 3, 2017, cl 7 cl 17 amd No. 3, 2011, cl 6; No. 3, 2017, cl 4 cl 18 amd No. 3, 2017, cl 7; No. 3, 2018, cl 5 cl 19 amd No. 3, 2011, cl 6 cl 20 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 3, 2018, cl 6 cl 21 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 3, 2017, cl 7 cl 21A ins No. 3, 2018, cl 7 cl 22 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6 sub No. 6, 2015, cl 3 cl 23 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6 cl 24 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 6, 2015, cl 4; No. 3, 2017, cl 5 cl 25 amd No. 3, 2011, cl 4; No. 52, 2012, cl 6; No. 6, 2015, cl 5; No. 3, 2017, cl 7

ENDNOTES Barramundi Fishery Management Plan 1998 43 cl 26 – 27 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6 cl 28 amd No. 3, 2011, cl 6; No. 52, 2012, cl 6; No. 35, 2014, cl 4 sch 1 amd No. 20, 2002, cl 4; No. 3, 2005, cl 7; No. 1, 2010, cl 5; No. 3, 2011, cl 6 sch 2 amd No. 3, 2011, cl 6; No. 3, 2018, cl 8 sch 3 amd No. 3, 2011, cl 5; No. 52, 2012, cl 6 sch 4 amd No. 3, 2011, cl 6 rep No. 35, 2014, cl 5 sch 5 amd No. 20, 2002, cl 5 sub No. 3, 2005, cl 8 amd No. 1, 2010, cl 6; No. 3, 2011, cl 6; No. 52, 2012, cl 4 sub No. 3, 2017, cl 6 amd No. 3, 2018, cl 9 sch 6 amd No. 20, 2002, cl 6; No. 2, 2005, cl 2; No. 3, 2005, cl 9; No. 1, 2010, cl 7; No. 3, 2011, cl 6; No. 52, 2012, cl 5

1 BARRAMUNDI FISHERY MANAGEMENT PLAN 1998

Definitions and precise measurement govern how the Plan works. Key definitional and conceptual points are:

Who is regulated, and how: a "barramundi licence" entitles the holder to fish in the declared managed fishery and the Plan applies to barramundi licensees and persons assisting them; conduct of a person assisting is treated as if done by the licensee for enforcement (clause 6). Amateur fishers are regulated separately in Division 3.
Spatial control: the "commercial fishing area" is a ribbon seaward from mainland and included island shores to a line 3 nautical miles from shore (clause 8(1)(a)-(b)), but the Plan lists detailed exclusions and local closures by co‑ordinates in clause 8(2) and in Schedule 5 (closure lines). The Plan also establishes named holding areas (Schedule 1), the Mary River Fish Management Zone (Schedule 3) and the Daly River Seasonally Closed Area (Schedule 2).
Temporal control: the "open season" runs from 1 February to 30 September each year and the "closed season" from 1 October to 31 January (definitions in clause 4). Commercial licensees may fish only in the open season (clause 9). The Daly River Seasonally Closed Area has additional seasonal prohibitions during the closed season (clause 28).
Gear and technical limits: a "gillnet" is defined by mesh size not less than 65 mm and includes associated lines and devices (clause 4). For commercial fishers the Plan prescribes float configuration and marking of head ropes and reflective floats (clause 12), minimum mesh sizes differing by location (clause 13), monofilament international line size minimum (clause 14), and a units‑of‑gillnetting measurement of 100 metres along the head rope (clause 4). The Plan forbids traps and pots for commercial licensees (clause 11). For amateurs the Plan restricts fishing to "amateur fishing gear" (rod and line, handline, spears, etc.) (clause 22).
Biological limits: minimum size limits for barramundi are specified both for commercial and amateur fishers,overall length 55 cm or headed length 39 cm (clauses 10 and 24). The Plan also sets upper size possession constraints in Fish Management Zones (clause 24(5)-(6)), and daily and possession limits for amateurs (clause 25).
Management interventions: the Minister may establish a licence buy‑back scheme to acquire gillnet units from licensees by Gazette notice (clause 7). The Director may grant approvals permitting otherwise restricted possession of gillnets, subject to conditions (clause 19). In addition, clause 21A (inserted in 2018) mandates vessel monitoring systems for licensees and imports VMS‑based monitoring into enforcement.
Evidence and presumptions: the Plan creates prima facie evidence rules, for example a short fillet found outside a residence is prima facie evidence the original fish was under the minimum size (clause 24(4)). Possession and sharing rules allocate responsibility across fishing parties (clause 25(7)-(8)).
Interdependence with other instruments: the Plan cross‑references the Fisheries Act 1988 (instrument origin), section 19(2) of the Act in relation to a "tender" forming part of vessel registration (clause 4), and the Mud Crab Fishery Management Plan 2006 for the definition of "amateur's pot" used in the Daly River closed area (clause 4). The Schedules refer to specific map series and co‑ordinate datums (GDA94).

These conceptual elements make the Plan a prescriptive, measurement‑driven instrument relying on licence conditions, defined spatial/temporal windows, and technical gear standards. Compliance turns on meeting measurement and marking standards, observing mapped limits and seasons, and fulfilling notification and VMS obligations where they apply.

The Plan creates distinct obligations for separate classes of actors. The primary affected actors identified in the instrument are:

Barramundi licensees and persons assisting them. Division 2 applies expressly to barramundi licensees and "a person assisting a barramundi licensee" (clause 6(1)). Clause 6(2) makes acts or omissions of an assistant chargeable as if the assistant were the licensee. Practically, this means any crew, contractors or subcontracted assistants who deploy or handle gear can be prosecuted under the same provisions as the licensee.
Amateur fishers. Division 3 regulates persons who are not barramundi licensees. Amateur fishers are limited to "amateur fishing gear" (rod and line, handline, spear, spear‑gun, bow and arrow etc.) and are subject to size and possession limits (clauses 22-25). Where multiple people fish together, clauses 25(7)-(8) allocate possession responsibility and provide a defence where sharing arrangements are provable.
Net licence holders and net premises. Clause 17(1)(a)(iv) permits gillnet possession at the premises of a Net licensee, creating an intersection with other licensing regimes for net storage and servicing.
Vessel owners and operators used under a barramundi licence. Clause 21A requires each vessel used under a barramundi licence to have an approved VMS installed and operating. Clause 18(2) requires vessels in transit with gillnets to be registered by or on behalf of the barramundi licensee.
Aquarium licence holders. Clause 29 conditions aquarium licences by prohibiting taking barramundi from within the Mary River Fish Management Zone.
Minister and Director of Fisheries. The Plan grants administrative powers and decision space to the Minister (to run buy‑back schemes by Gazette notice, cl 7) and to the Director (to approve possession exceptions, impose conditions, and authorise VMS non‑operation in writing) (clause 4(2), clause 19 and clause 21A(4)-(5)). These decision‑makers thus determine licence buy‑back parameters and can grant operational exemptions.
The broader industry supply chain. While not named as primary addressees, fish processors, transporters, and markets are indirectly affected because possession limits (clauses 24-25), tagging and holding area rules (Schedule 1), and the prima facie rule on fillet length (clause 24(4)) affect what fish enter commerce and the evidentiary risk for intermediaries.

Who pays: impacted parties are primarily commercial barramundi licensees facing costs to comply with gear standards, marking, VMS hardware and data costs, possible reductions in allowable gillnet units (the license itself specifies units of gillnetting, cl 15), and administrative compliance with notifications and approvals. Amateur fishers bear behavioural limits and potential fines for possession/size breaches. The Minister and Director absorb administrative costs in running buy‑backs, issuing approvals and monitoring compliance.

Who decides: the instrument sets default rules but gives the Minister authority to buy back units (clause 7) and the Director discretion to grant conditional approvals (clause 4(2), clause 19) and to permit VMS non‑operation (clause 21A(4)-(5)). Those delegated decisions will be central to implementation and day‑to‑day operation.

The Plan imposes a set of affirmative duties on licence holders and prohibitions for both commercial and amateur fishers. These duties are typically qualified by specified penalties:

Commercial licensees (Division 2)

Fish only in the commercial fishing area and not outside it (clause 8(3)). The commercial fishing area is defined with a 3 nautical mile seaward limit and several listed geographic exclusions (clause 8(1)-(2) and Schedule 5).
Fish only during the open season (clause 9). Open season is 1 February to 30 September (definition in clause 4).
Do not take or possess barramundi under specified minimum sizes: overall length less than 55 cm or headed length less than 39 cm (clause 10).
Do not use traps or pots when fishing under a barramundi licence (clause 11).
Ensure gillnets are fitted with specified floats and marking: three floats along the head rope (ends and midpoint) and two reflective floats (outermost on head rope) and marked with the licence number or Shark Fishery licence number if applicable; no other marked floats permitted (clause 12(1)-(2)). Possession of a gillnet with marked floats must comply with the marking rules (clause 12(3)).
Use gillnets with minimum mesh sizes that vary by location: not less than 175 mm when fishing between a seven inch net line and a closure line for the same river, and not less than 150 mm in other open waters (clause 13).
Do not use monofilament netting material below international line size 50 (clause 14).
Use no more units of gillnetting than specified on their licence (clause 15). A unit is defined as 100 m of gillnetting measured along the head rope (clause 4).
Restrict possession of gillnets to specified places and times: permanent residence, approved camp, port, Net licensee premises, and restricted possession windows around the open season and special rules for approved camp sites and transit (clauses 16-18). When in transit on a river with a gillnet, a 24‑hour pre‑notification to the Director is required unless travelling between an approved camp site or holding area and open waters (clause 18(3)).
Seek Director approval to possess gillnets at other times or places (clause 19).
Do not set a gillnet in a river such that the netting extends across more than half the width of the water, nor in combination with other gillnets cause more than half the river width to be netted within a 25 m proximity (clause 20).
Do not sell live mud crabs (clause 21).
Install, maintain and keep operating an approved VMS on each vessel used under the licence, unless written approval from the Director permits otherwise and the licensee complies with any conditions attached (clause 21A(1)-(5)). Clause 21A(6) links non‑operation to section 38(2)(b) of the Fisheries Act.

Amateur fishers (Division 3)

Use only amateur fishing gear when fishing for barramundi (clause 22). Amateur fishing gear is defined in clause 22, and includes rod and line, handline, hand spear, bow and arrow (excluding crossbow), spear‑gun, and ancillary gear.
Do not tether barramundi (clause 23).
Obey minimum size limits (overall length 55 cm or headed length 39 cm) and conditions on possession for fish below those sizes (clause 24). Clause 24 also caps possession of very large fish in Fish Management Zones and limits the number of large fish per vessel.
Respect daily and overall possession limits: no more than 3 barramundi in a Fish Management Zone (clause 25(1)) and no more than 5 elsewhere (clause 25(2)), with graduated penalties for 4-14 and more than 14, plus $50 per extra fish.
Where a person has taken 3 barramundi in the Mary River Fish Management Zone they must use a barbless hook if they continue fishing that day (clause 25(4)); clause 25(5) and clause 24(5) create additional constraints on possession of fish above 90 cm and multiple large fish per vessel.

Other rights and administrative mechanisms

Ministerial buy‑back power: the Minister may establish a barramundi licence buy‑back scheme by Gazette notice and pay determined consideration for surrendered or transferred units of gillnetting (clause 7). That is a positive right given to the Minister to acquire fishing capacity.
Director discretion and approvals: approvals under the Plan may be subject to any conditions the Director thinks fit (clause 4(2)); the Director can permit possession of gillnets at times/places otherwise prohibited (clause 19), and can authorise non‑operation of VMS in writing (clause 21A(4)-(5)).
Evidentiary consequences: possession of a fillet shorter than 27 cm outside a residence is prima facie evidence the fish taken was under the minimum size (clause 24(4)), shifting evidentiary burden in prosecutions.

Collectively, the Plan creates a compliance regime mixing prescriptive technical duties, spatial/temporal closures, administrative approvals, monitoring obligations (VMS) and enforcement sanctions. The Director and Minister retain operational discretion that can modify how duties apply in practice.

The Plan establishes a schedule of criminal penalties (expressed in penalty units) and prescribes enforcement levers. Key penalty provisions include:

High‑value penalties apply for major breaches affecting spatial/seasonal limits and capacity: fishing outside the commercial fishing area (clause 8(3)) and fishing outside the open season (clause 9) both attract a maximum penalty of 85 penalty units.
Gillnet capacity and VMS: using more units of gillnetting than the licence permits (clause 15) and failing to install, maintain or operate an approved VMS (clause 21A(1)-(3)) each attract maximum penalties of 85 penalty units.
Intermediate penalties (40 penalty units maximum) apply to breaches such as taking undersize fish for licence holders (clause 10), using prohibited traps or pots (clause 11), non‑compliant gillnet identification (clause 12(3)), using undersized mesh or monofilament (clauses 13-14), improper possession of gillnet (clause 16), improper net setting in rivers (clause 20), selling live mud crabs (clause 21), and possession of large fish in a Fish Management Zone where prohibited (clause 24(5)-(6)).
Lower penalties apply to amateur breaches: amateur gear restrictions (clause 22) carry a maximum of 17 penalty units; taking undersize barramundi as an amateur is 8 penalty units (clause 24(1)-(3)); tethering is 4 penalty units (clause 23). Possession limit breaches have tiered penalties: 4-14 fish attracts 17 penalty units; more than 14 attracts 85 penalty units plus $50 for each barramundi over the limit (clause 25(1)-(2)).
Specified site and gear prohibitions: Shady Camp barrage restrictions (clause 26) carry a maximum of 8 penalty units; Mary River gear prohibitions carry 4 penalty units (clause 27).

Enforcement mechanisms and evidentiary devices

The Plan creates offences and presumptions that facilitate enforcement. Clause 24(4) makes possession of a short fillet outside a permanent residence prima facie evidence that an under‑minimum sized fish was taken by someone other than under licence.
Clause 6(2) extends liability to persons assisting licensees by treating their acts as if the licensee performed them. That makes crew, contractors and assistants immediately accountable under the Plan.
Clause 21A incorporates a monitoring tool by requiring VMS installation and continuous operation. Clause 21A(6) ties a breach of the VMS operation duty to section 38(2)(b) of the Fisheries Act 1988 for enforcement consequences; the Plan does not reproduce section 38(2)(b) but explicitly references its application.
Administrative enforcement levers include Director approvals and conditions (clause 4(2), clause 19) and the Minister’s capacity to operate buy‑back schemes by Gazette (clause 7), which can be used to effect structural change in the fleet by acquiring units of gillnetting.
Spatial enforcement is supported by the Plan’s detailed Schedules providing closure lines, seven inch net lines and holding area coordinates (Schedules 1, 5 and 6), allowing officers to spatially verify compliance.

Who enforces and who can be charged

The Plan contemplates prosecution of barramundi licensees and, by extension, their assistants (clause 6). Penalties are expressed in penalty units without converting them to dollar amounts in the Plan text. The Director is empowered to issue approvals that will limit prosecutions where conditions are met (clause 19).

Practical enforcement considerations

Enforcement will rely on accurate mapping and geolocation (Schedules provide co‑ordinates and map references), inspection of gear for correct floats and licence numbers (clause 12), measurement of fish (definitions of overall and headed length in clause 4), and VMS and registration data (clause 21A and clause 18(2)). The Plan’s prima facie rules and allocation of liability to assistants (clause 6(2)) reduce some evidentiary barriers for prosecutors, while the VMS requirement creates near‑real time monitoring capability for compliance officers.

The Plan is a management instrument under the Fisheries Act 1988; the instrument itself notes it is made under that Act (the heading indicates "Regulations under the Fisheries Act 1988") and cross‑references particular provisions of the Act. The Plan also cross‑references other fishery plans and administrative frameworks. Specific interactions spelled out in the text:

Fisheries Act 1988 cross‑references: clause 4 defines "tender" by reference to section 19(2) of the Act, indicating that tender registration rules in the Act apply to vessel registration as it pertains to a barramundi licence. Clause 21A(6) expressly states that section 38(2)(b) of the Act applies to an offence against clause 21A(3) (failure to ensure VMS is operating). Those references import the enforcement and registration mechanics of the Fisheries Act into this Plan.
Other fishery management instruments: the Plan’s definition of "amateur's pot" is explicitly tied to clause 6 of the Mud Crab Fishery Management Plan 2006 (clause 4). That means compliance for amateur's pots requires cross‑checking the Mud Crab Plan. Clause 29 imposes a condition on aquarium licences, linking fishery licence types.
Licensing and registration regimes: clause 15 ties permissible gillnet units to what is specified on the barramundi licence; clause 18(2) requires that a vessel in transit with a gillnet be registered by or on behalf of the barramundi licensee. Those clauses make compliance dependent on licence wording and vessel registration systems under the Act and its regulations.
Spatial mapping standards and datums: the Schedules give precise co‑ordinates and map sheet references and state the co‑ordinate datum (Schedule notes reference GDA94 and R621). This creates an operational overlap with mapping, charting and geodetic data used by fisheries compliance officers and mariners.
Administrative powers and procedures: clauses 4(2), 7 and 19 assign administrative powers to the Director and Minister (approvals subject to conditions, buy‑back by Gazette notice, permission to possess gillnets). The Plan therefore interfaces with the administrative law framework for decision‑making, notices, and publication (Gazette notice procedures).
Repeal and amendment: clause 30 repeals the prior Barramundi Fishery Management Plan 1991, and the ENDNOTES list a sequence of amendments to this 1998 Plan. The Plan therefore sits within a changing regulatory architecture where amendments and Gazette notices modify operational rules over time (Endnotes and List of Amendments).

In short, the Plan does not operate in isolation: it imports definitions and enforcement mechanisms from the Fisheries Act, references other fishery management plans, depends on licence and vessel registration schemes, and relies on map and datum conventions. Practitioners need to consult the Fisheries Act provisions cited, related fishery instruments (e.g. Mud Crab Plan) and any Gazette notices used to implement buy‑backs or amendments.

The Plan includes an Endnotes section that records formal amendments from 1998 through 2018. Key dated steps and clause‑level changes recorded in the instrument are:

Initial instrument: Barramundi Fishery Management Plan (SL No. 4, 1998) was notified 30 January 1998 and commenced 1 February 1998 (Endnotes, List of Legislation and clause 2).
1998 Amendment: Amendment of the Plan (SL No. 52, 1998) notified 25 November 1998 (Endnotes list).
2002 Amendments: Amendments to the Plan (SL No. 20, 2002) notified 1 July 2002 and commenced 1 July 2002 (Endnotes). Schedule 6 and Schedule 5 were amended that year among other technical changes (see List of Amendments noting sch 6 amd No. 20, 2002 and sch 5 amd No. 20, 2002).
2005 Amendments: Two amendments in 2005: Barramundi Fishery Management Plan Amendment 2005 (SL No. 2, 2005) notified 28 January 2005 and Barramundi Fishery Management Plan Amendment (No. 2) 2005 (SL No. 3, 2005) notified 1 February 2005. Clause 4 and Schedule 1 and Schedule 6 saw amendments in 2005 (List of Amendments shows cl 4 amd No. 3, 2005; sch 1 amd No. 3, 2005; sch 6 sub No. 3, 2005). Clause 8, clause 13 and sch 5 were also affected across 2005 instruments.
2009 Gazette notice: Gaz S16, 15 April 2009 is recorded in the Endnotes under Gazette notices; the Endnotes do not detail its content within the Plan text provided.
2010 Amendment: Barramundi Fishery Management Plan Amendment 2010 (SL No. 1, 2010) was notified 27 January 2010 and commenced 1 February 2010 (clause 2 of that instrument). The List of Amendments records sch 1 amd No. 1, 2010 and sch 6 amd No. 1, 2010 among others.
2011 Amendment: Barramundi Fishery Management Plan Amendment 2011 (SL No. 3, 2011) notified 1 February 2011 and commenced 1 February 2011. The 2011 instrument amended multiple clauses: part headings, clause 4, clause 5, clause 7, cl 9-11, cl 12, cl 13, cl 14-15, cl 16-21, cl 22-28, sch 1-4 (List of Amendments lists numerous entries citing No. 3, 2011).
2012 Amendment: Barramundi Fishery Management Plan Amendment 2012 (SL No. 52, 2012) notified 19 December 2012 and commenced 19 December 2012 (Gaz S78 and Gaz S83). The 2012 amendment substituted clause 8 (List of Amendments shows cl 8 sub No. 52, 2012) and affected many other clauses (cl 4A insertion earlier was by No. 3, 2005 and later amended by No. 52, 2012 per List of Amendments).
2014 Amendment: Barramundi Fishery Management Plan Amendment 2014 (SL No. 35, 2014) notified and commenced 31 October 2014. The Endnotes note certain formal amendments and repeals (sch 4 rep No. 35, 2014).
2015 Amendment: Barramundi Fishery Management Plan Amendment 2015 (SL No. 6, 2015) notified 13 May 2015 and commenced 13 May 2015. Clause 22 was substituted by No. 6, 2015, clause 24 amended (No. 6, 2015) and clause 25 amended (No. 6, 2015).
2017 Amendment: Barramundi Fishery Management Plan Amendment 2017 (SL No. 3, 2017) notified 22 March 2017 and commenced 22 March 2017. The List of Amendments records changes across cl 12, cl 16-18, cl 21 and others attributed to No. 3, 2017.
2018 Amendment: Barramundi Fishery Management Plan Amendment 2018 (SL No. 3, 2018) notified 31 January 2018 and commenced 1 February 2018. Notably, clause 21A (VMS) was inserted by No. 3, 2018 (clause 21A ins No. 3, 2018, cl 7). Clause 12 was amended in 2018, and Schedule 2 was amended (sch 2 amd No. 3, 2018, cl 8).

The Endnotes and List of Amendments present a clause‑by‑clause tracking of changes, indicating this instrument has been subject to multiple technical and operational updates. Practitioners should consult the specific amending SL instruments identified by number and date for the drafting text of each change, and check Gazette notices for Ministerial buy‑backs or Director approvals. The instrument also records general form amendments made by the Interpretation Legislation Amendment Act 2018 to sections 1 and 4 (Endnotes note 4).

The Plan text and Endnotes do not refer to any judicial decisions, cases, or litigation history. The instrument itself does not name or summarise any court proceedings or tribunal decisions. The Plan operates through statutory offences, administrative approvals and Gazette notices; the text does not include a section describing judicial interpretation or precedent. Consequently, within this instrument there is no recorded litigation history to analyse or cite.

Practitioners looking for case law on enforcement, interpretation of terms such as "gillnet" or co‑ordinate disputes, or challenges to ministerial buy‑back schemes, must search case law databases and decisions under the Fisheries Act 1988 and related Commonwealth or Territory statutes. The Plan’s own text does not provide examples of litigation outcomes, contested administrative decisions, or appeals and therefore cannot be relied upon for precedent. Any legal opinion on contentious points,such as the interpretation of how "half the width of the water" in clause 20 is operationalised,will need to be grounded in external case law and administrative decisions which are not contained in this instrument.

The Plan contains technical drafting choices and evidentiary rules that create specific compliance pitfalls which practitioners and operators should note:

Double‑measure length definitions: the Plan uses two distinct measures for fish size,"overall length" and "headed length" (clause 4). Overall length is tip of the lower jaw to the tip of the middle ray of the tail fin; headed length is from the closest point to the tail fin on the curved rear of the gill slit to the tip of the middle ray of the tail fin on a head‑off fish. Compliance and enforcement will hinge on which measure applies in context: clause 10 (commercial) and clause 24 (amateur) both list these alternatives. Misunderstanding which measurement law enforcement will use risks prosecution.
Prima facie rule on fillets: clause 24(4) makes possession of a fillet less than 27 cm (outside a permanent residence) prima facie evidence of possession of an overall length less than 55 cm. That shifts the evidentiary burden: operators in the supply chain (processors, retailers) could face prosecution unless they can rebut the presumption. Keep chain‑of‑custody records and documentation showing lawfully sourced fish.
Gillnet marking and reflective float prescription: clause 12 mandates specific float layout (3 floats with head‑rope‑through marking plus 2 reflective floats at each end), the marking method must be legible and indelible and limited to licence numbers in Arabic numerals. The clause forbids any other marked floats attached. Non‑compliant marking, or use of additional marked floats, is a discrete offence (clause 12(3)). Practical risk: custom float suppliers or repainting might render marks non‑compliant; licensees should standardise marking methods and record maintenance.
Mesh and material complexity by zone: clause 13 sets minimum mesh requirements that differ depending on whether fishing is between a seven inch net line and a closure line (Schedule 6 and Schedule 5) or elsewhere. Clause 14 imposes a monofilament minimum line size. Running a mixed‑area operation risks breaching mesh rules if gear is not swapped or restricted appropriately when moving between areas; the measurement reference and Area lines (Schedules 5 and 6) require accurate geolocation.
Possession in transit and the Director notification trap: clause 18(3)(a) requires barramundi licensees to notify the Director not less than 24 hours before an intended journey on a river while possessing gillnets, and to avoid significant deviations unless notified. Failure to notify or to update the Director after deviation can render the licensee in breach. The clause provides one limited exception for travel between an approved camp site or holding area and open waters. Practically, weather, emergencies or unplanned detours could cause legal exposure.
Spatial detail and mapping reliance: compliance depends on correct interpretation of closure lines and seven inch net lines set out by co‑ordinates in Schedules 5 and 6. Those co‑ordinates reference specific map sheets and datums; enforcement officers will test vessel location against those coordinates. Operators need accurate charting and GPS set to the same datum (GDA94). Small errors in GPS datum settings or map misreading could cause inadvertent “outside area” offences under clause 8(3).
VMS operational duty and Director discretion: clause 21A requires VMS devices to be installed, maintained and operating at all times, with a maximum penalty of 85 penalty units for contraventions. Clause 21A(4)-(5) allows the Director to approve non‑operation in writing, subject to conditions. Non‑operation without written approval or non‑compliance with conditions is an offence. The Plan also references the Fisheries Act for enforcement application (clause 21A(6)), increasing enforcement severity. Practical implications: VMS hardware failure, contractor delays, or device non‑compliance pose substantial legal risk unless immediate written approvals are sought.
Aggregation and shared‑party liability for amateurs: clause 25(7)-(8) treats group situations conservatively; if it is not readily ascertainable who took a catch, each person is treated as though they took and possess all barramundi. This means small group trips should maintain clear records or sharing arrangements to avoid collective exposure for possession limit breaches.
Director approvals can alter obligations but create conditional compliance risk: clause 19 permits possession with Director approval. Such approvals are conditional and could contain restrictions that create risk if not followed. Reliance on verbal assurances is inadequate; ensure approvals are written and conditions are understood.
Cross‑instrument dependencies: "amateur's pot" depends on the Mud Crab Fishery Management Plan 2006, so compliance for people using such pots in Daly River or Mary River contexts requires checking that Plan too. Overlooking that link could lead to non‑compliance even where this Plan does not itself detail the pot rules.

Those "gotchas" are procedural, measurement and evidence risks; they shape the likelihood of enforcement action, and they often have straightforward mitigation options (accurate measuring equipment and practices, documented notifications and approvals, standardised gear marking and maintenance, VMS procurement and testing, and GPS/datum alignment).

This section sets out a practical, clause‑by‑clause compliance checklist driven by the Plan’s mechanics. It focuses on steps a barramundi licensee, vessel operator, crew member, and an amateur fisher should adopt to reduce regulatory and enforcement risk.

For barramundi licensees (commercial)

Licences and permissible units:
- Check the barramundi licence to confirm authorised units of gillnetting (clause 15) and ensure total gillnetting in use never exceeds that number. Maintain an inventory of nets measured in 100 m units along the head rope as defined (clause 4).
Spatial and temporal compliance:
- Confirm the extent of the "commercial fishing area" applicable to operations and map excluded areas set out in clause 8(1)-(2) and Schedule 5. Use up‑to‑date charts and set GPS datums to GDA94 to match Schedule co‑ordinates. Only fish during the open season (1 February to 30 September) unless you hold Director approvals (clauses 9 and 8).
Gillnet marking and gear standards:
- Fit all gillnets with the head‑rope float configuration and reflective floats required in clause 12. Mark reflective floats legibly and indelibly with the licence number (or Shark Fishery licence number where applicable), ensuring no other numbers appear (clause 12(2)). Implement standard operating procedures for marking, repainting and inspection; keep photographic records of marking.
Mesh and material requirements:
- Maintain separate nets or quick‑change capability to meet minimum mesh requirements in clause 13 for different waters (175 mm between seven inch net lines and closure lines; 150 mm elsewhere). Ensure monofilament line is at least international line size 50 (clause 14). Label nets with mesh and material information where practicable.
Gillnet setting rules in rivers:
- Do not set nets that extend across more than half the width of a river or collectively cause netting across more than half the width within 25 m (clause 20). Measure rivers or use conservative spacing in narrow channels. Brief crew on river set distances.
Possession, storage and transit:
- Store gillnets only at permitted locations (permanent residence, approved camp site, port, premises of a Net licensee) or within permitted seasonal windows around the open season (clause 17). For transit with gillnets on rivers, notify the Director in writing at least 24 hours before the intended journey including route and duration, update on deviations and keep records of notification (clause 18(3)). Ensure vessels used in transit are registered by or on behalf of the licensee (clause 18(2)).
Vessel monitoring system:
- Procure and install a VMS approved in writing by the Director before using the vessel under the licence (clause 21A(1)). Maintain the system per manufacturer’s instructions (clause 21A(2)) and ensure it is operating at all times unless you hold a written Director approval to the contrary (clause 21A(3)-(5)). Keep maintenance logs, test records and any director approvals.
Administrative approvals and buy‑backs:
- If you seek exceptions to possession rules, apply to the Director under clause 19 and ensure written approvals with clear conditions. If approached regarding buy‑backs pursuant to clause 7, retain legal and commercial advice before surrendering units.
Recording and evidence management:
- Keep logs recording: dates and GPS tracks of fishing activities; gillnet inventory and markings; VMS output records; notifications to the Director; maintenance and installation records for VMS; catch records and measurements showing overall and headed length. Preserve packaging and chain of custody documents for fish leaving vessels.
Personnel training:
- Train crew in measurement standards (overall vs headed length), legal float marking, mesh sizes, set restrictions, and notification procedures. Record training to show good‑faith compliance.

For amateur fishers

Gear and methods:
- Use only amateur fishing gear as defined in clause 22 when fishing for barramundi. Do not tether fish (clause 23).
Size and possession limits:
- Respect minimum size limits of 55 cm overall or 39 cm headed (clause 24) and capacity constraints: no more than 3 barramundi in a Fish Management Zone and no more than 5 elsewhere (clause 25). If you catch three fish in the Mary River on a day, switch to barbless hooks if continuing that day (clause 25(4)).
Sharing and group trips:
- If fishing in a party, document sharing arrangements and who takes what fish; clause 25(7)-(8) allocates responsibility conservatively. Maintain simple written or photographic records showing intended sharing to rebut possible joint liability.
Fillet handling:
- Avoid possessing fillets outside residence that are less than 27 cm (clause 24(4)) unless you can show lawful provenance; if processing, retain evidence of original fish sizes.

Cross‑cutting compliance steps

Map and GPS alignment: ensure vessel GPS, charting and navigation systems use GDA94 datum to match Schedules (Schedule notes). Confirm maps used match the referenced map sheets where co‑ordinates are given.
Measurement tools: carry calibrated measuring tapes or devices that allow precise measurement of overall and headed lengths in the field, and record measurements contemporaneously for catch documentation.
Legal and procedural check for approvals: obtain all Director approvals in writing and adhere to conditions. Keep copies onboard and produce them if inspected. For any VMS non‑operation approvals, ensure documentation explains duration and conditions.
Audit and record retention: retain logs, VMS data, notifications, approvals, maintenance records and licence documentation for a period consistent with any evidence obligations or likely enforcement windows. Electronic backups of VMS output and notification emails are recommended.
Supplier and gear procurement: source nets and floats that meet Plan specifications; obtain supplier declarations about line size and mesh size; label gear stock with batch and mesh data; maintain inspection certificates.
Engage early on buy‑backs and fleet reductions: if a Ministerial buy‑back scheme is announced under clause 7 by Gazette notice, seek commercial advice before surrendering units, and review the Gazette notice terms.
Cross‑instrument checks: confirm any reliance on "amateur's pot" rules by checking the Mud Crab Fishery Management Plan 2006 clause 6 (as identified in clause 4) where relevant; ensure aquarium licence holders are briefed about clause 29.

Following these steps addresses the principal mechanical obligations in the Plan (marking, mesh, seasons, zones, VMS, possession and notification). The Plan’s enforcement posture makes written approvals, contemporaneous records and precise geolocation the most effective mitigants against regulatory risk.

BARRAMUNDI FISHERY MANAGEMENT PLAN 1998

Plain English Summary

Deep Dive

What it does

Current sections

BARRAMUNDI FISHERY MANAGEMENT PLAN 1998

Source text: opening excerpt

1 BARRAMUNDI FISHERY MANAGEMENT PLAN 1998

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply