What it does
The Fisheries Management Act 1994 (NSW) (the Act) establishes a comprehensive statutory framework for the conservation, sustainable use, and equitable allocation of fishery resources in New South Wales (NSW) waters. Its core purpose, as articulated in s 3(1), is "to conserve, develop and share the fishery resources of the State for the benefit of present and future generations". This is operationalised through a hierarchy of regulatory tools that address both extractive activities and underlying ecological support systems.
At the structural level, the Act divides fisheries into categories. Share management fisheries (listed in Sch 1 and regulated under Part 3) operate on a quota-share system. Shares are issued to eligible fishers based on historical catch (ss 46–52), with a management plan (Div 5) setting total allowable catch (TAC) or effort (TAE) under Part 2A. The Total Allowable Fishing (TAF) Committee, constituted under Sch 2, determines TAC/TAE (ss 40A–40O), with allocations to shareholders via quotas (ss 40P–40X). Breaches trigger forfeiture of shares (s 75) or quota (s 40V), and management charges/community contributions fund administration (Div 7 of Part 3).
General fisheries (Part 2) apply default controls. Fishing closures (Div 1, ss 8–14) prohibit taking fish from specified waters or of specified species for defined periods (up to 5 years). Size, bag, and possession limits (Div 2, ss 15–20B) declare prohibited sizes (s 15), daily/possession limits (ss 17, 17A–17C), and protected species (ss 19–20A). Shark finning is banned (s 20B). Fishing gear registration and lawful use requirements (Div 3, ss 22–25) prohibit unregistered or illegal gear. Recreational fishers pay a fishing fee (Div 4A, ss 34A–34J), with revenue directed to trust funds (Div 3 of Part 8). Commercial fishers require licences (Div 1 of Part 4, ss 102–106), boat licences (Div 2, ss 107–110), and endorsements for restricted fisheries (Div 3, ss 111–116). Fish receivers must register (Div 4, ss 117–120). Record-keeping obligations (Div 5, ss 121–124) mandate catch, sales, and possession records, with trafficking in indictable quantities an aggravated offence (Div 2A, ss 21A–21C, with up to 10 years imprisonment).