1
Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Fisheries Management (Estuary General Share Management Plan) Regulation 2006.
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New South Wales regulation
This regulation sets detailed rules for the estuary general commercial fishery: it defines endorsement and share classes, creates new quota‑share classes for several invertebrates, and prescribes who may fish, where, when and with what gear. It also sets allocation formulas, minimum shareholdings, appeal and quota‑possession conditions, area‑specific closures and zero bag limits for some species. It matters to commercial fishers, shareholders and boat operators because it changes access rights, operational constraints, reporting and compliance costs.
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Direct links to the current provisions in Fisheries Management (Estuary General Share Management Plan) Regulation 2006.
1 Name of Regulation
This Regulation is the Fisheries Management (Estuary General Share Management Plan) Regulation 2006.
2 Commencement
This Regulation commences on 5 February 2007.
3 Estuary General Share Management Plan
The Estuary General Share Management Plan set out in the Appendix to this Regulation has effect.
Appendix
(Clause 3)
Appendix: Am 2007 (24), Sch 2.2; 2008 (232), Sch 2.1; 2008 (521), Sch 2.2 [1]–[4]; 2008 (522), Sch 2 [1]–[17]; 2009 (522), Sch 2.1 [1]–[15]; 2009 No 106, Sch 2.14; 2010 (114), Sch 1 [1]–[12]; 2010 No 59, Sch 2.34; 2011 (148), Sch 2 [1]–[12]; 2014 (356), Sch 2 [1]–[4]; 2014 (399), Sch 1.3; 2016 (403), Sch 1.3; 2017 (309), Sch 1 [1]–[5]; 2017 (308), Sch 1.3; 2017 (566), Sch 5 [1]–[3]; 2017 (615), Sch 1 [1]–[56]; 2018 (184), Sch 2 [1]–[6]; 2018 No 25, Sch 5.17; 2018 (322), Sch 1.3; 2018 (323), Sch 5 [1]–[5]; 2018 (539), Sch 1 [1]–[21]; 2021 (482), Sch 4[1]–[3]; 2022 (688), Sch 1[1] [2]; 2022 (13), Sch 3[1]–[8]; 2023 (69), Sch 1[1]–[20].
Part 1 Preliminary
Part 2 Objectives of Plan
Part 3 Description of fishery
Note—
The fishery is described in Schedule 1 to the Act as consisting of—
(a) the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and
(b) the taking of fish from ocean beaches by the method of hand picking.
Estuarine waters do not include the waters of Port Jackson.
4 Regions of fishery
(1) For the purposes of this Plan, the fishery is divided into 7 regions, as specified in Column 1 of the Table to this clause.
(2) A description of each region, and the estuarine waters within the region, is set out in Columns 2 and 3 of the Table to this clause next to the name of the region concerned.
(3) A reference to an estuary in the Table includes a reference to all creeks, rivers, lakes, lagoons and tributaries flowing into or from that estuary.
Table Regions and estuarine waters
| Column 1 | Column 2 | Column 3 | | Region | Description of region | Estuarine waters within region | | Upper North Coast—Region 1 | That part of the State lying generally between the border between the States of Queensland and New South Wales and the parallel 29°15′ south latitude | Tweed RiverCudgen LakeCudgera CreekMooball CreekBrunswick RiverRichmond RiverEvans RiverJerusalem Creek | | Clarence—Region 2 | That part of the State lying generally between the parallel 29°15′ south latitude and the parallel 29°45′ south latitude | Clarence RiverSandon River | | North Coast—Region 3 | That part of the State lying generally between the parallel 29°45′ south latitude and the parallel 31°44′ south latitude | Wooli Wooli RiverStation CreekCorindi RiverArrawarra CreekDarkum CreekWoolgoolga LakeHearns LakeMoonee CreekCoffs Harbour CreekBoambee CreekBonville CreekDalhousie CreekOyster CreekNambucca RiverMacleay RiverSouth West Rocks CreekSaltwater CreekKorogoro CreekKillick CreekLake Cathie (Lake Innes)Camden Haven River | | Central—Region 4 | That part of the State lying generally between the parallel 31°44′ south latitude and the parallel 33°25′ south latitude | Manning RiverKhappinghat CreekWallis LakeSmiths LakeMyall Lakes (Myall River)Port Stephens (Karuah River)Hunter RiverTuggerah Lakes | | Metropolitan—Region 5 | That part of the State lying generally between the parallel 33°25′ south latitude and the parallel 34°20′ south latitude | Hawkesbury RiverPort Hacking | | Upper South Coast—Region 6 | That part of the State lying generally between the parallel 34°20′ south latitude and the parallel 35°25′ south latitude | Towradgi CreekLake IllawarraMinnamurra RiverSpring CreekWerri LagoonCrooked RiverShoalhaven RiverLake WollumboolaJervis BaySwan LakeBerrara CreekNerrindillah Creek | | Lower South Coast—Region 7 | That part of the State lying generally between the parallel 35°25′ south latitude and the border between the States of New South Wales and Victoria | Termeil LakeWillinga LakeDurras LakeClyde River (Batemans Bay)Moruya RiverCongo CreekCoila LakeLake BrouWagonga InletCorunna LakeTilba Tilba LakeWallaga LakeBarragoot LakeCuttagee LakeMurrah LakeBunga LagoonWapengo LakeMiddle Lake (Bega)Wallagoot LakeBournda LagoonMerimbula LakePambula LakeCuralo Lake |
Note—
Fishing in the above waters is subject to other restrictions imposed by this Plan, the Supporting Plan or by other regulations under the Act (and, in particular, the fishing closures set out in Schedule 1).
5 Classes of share
The following classes of shares are available in the fishery—
(a) Estuary general—handline shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(b) Estuary general—meshing shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(c) Estuary general—prawning shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(d) Estuary general—trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(e) Estuary general—eel trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(f) Estuary general—mud crab trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(g) Estuary general—hand gathering shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(h) Estuary general—category one hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(i) Estuary general—category two hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(j) Estuary general—mud crab quota shares,
(k) Estuary general—blue swimmer crab quota shares,
(l) Estuary general—eel quota shares,
(m) Estuary general—pipi quota shares,
(n) Estuary general—beachworm quota shares,
(o) Estuary general—cockle quota shares,
(p) Estuary general—ghost nipper quota shares.
Note—
The classes of shares referred to in paragraphs (a)–(i) correspond to the types of endorsements available in the fishery and the region in which an endorsement authorises the holder to take fish.
The classes of shares referred to in paragraphs (j)–(p) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
6 Types of endorsement
(1) There are 63 types of endorsement available in the fishery, as follows—
(a) Handline endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(b) Meshing endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(c) Prawning endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(d) Trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(e) Eel trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(f) Mud crab trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(g) Hand gathering endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(h) Category one hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(i) Category two hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7.
(2) Handline endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A handline endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using a handline, rod and line, set line or drift line.
(3) Only shareholders who hold estuary general—handline shares for a region are eligible to be given, or to nominate a person to be given, a handline endorsement for that region.
(4) Meshing endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A meshing endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—
(a) meshing net,
(b) flathead net.
(5) Only shareholders who hold estuary general—meshing shares for a region are eligible to be given, or to nominate a person to be given, a meshing endorsement for that region.
(6) Prawning endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A prawning endorsement authorises the holder to take prawns from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—
(a) prawn net (hauling), and a try net (prawns) (but only to facilitate the use of the prawn net (hauling)),
(b) prawn net (set pocket),
(c) prawn running net,
(d) seine net (prawns), and a try net (prawns) (but only to facilitate the use of the seine net (prawns)),
(e) hand-hauled prawn net,
(f) push or scissors net (prawns),
(g) dip or scoop net (prawns).
(7) Only shareholders who hold estuary general—prawning shares for a region are eligible to be given, or to nominate a person to be given, a prawning endorsement for that region.
(8) Trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A trapping endorsement authorises the holder to use a fish trap to take fish (other than eels) from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.
(9) Only shareholders who hold estuary general—trapping shares for a region are eligible to be given, or to nominate a person to be given, a trapping endorsement for that region.
(10) Eel trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 An eel trapping endorsement authorises the holder to use an eel trap to take eels from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.
(11) Only shareholders who hold estuary general—eel trapping shares for a region are eligible to be given, or to nominate a person to be given, an eel trapping endorsement for that region.
(12) Mud crab trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A mud crab trapping endorsement authorises the holder to use a crab trap to take fish (other than eels) from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.
(13) Only shareholders who hold estuary general—mud crab trapping shares for a region are eligible to be given, or to nominate a person to be given, a mud crab trapping endorsement for that region.
(14) Hand gathering endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A hand gathering endorsement authorises the holder to take beachworm, pipi, cockle, cuttlefish, mussel and nippers from estuarine waters and ocean beaches (seaward up to an imaginary line on the beach representing the lowest astronomical tide), within a region of the fishery specified in the endorsement, by the method of hand picking.
(15) Only shareholders who hold estuary general—hand gathering shares for a region are eligible to be given, or to nominate a person to be given, a hand gathering endorsement for that region.
(16) Category one hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A category one hauling endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—
(a) hauling net (general purpose),
(b) trumpeter whiting net (hauling),
(c) pilchard, anchovy and bait net (hauling),
(d) garfish net (hauling),
(e) garfish net (bullringing),
(f) bait net.
(17) Only shareholders who hold estuary general—category one hauling shares for a region are eligible to be given, or to nominate a person to be given, a category one hauling endorsement for that region.
(18) Category two hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A category two hauling endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—
(a) garfish net (hauling),
(b) garfish net (bullringing),
(c) bait net.
(19) Only shareholders who hold estuary general—category two hauling shares for a region are eligible to be given, or to nominate a person to be given, a category two hauling endorsement for that region.
(20) Any endorsement that authorises the taking of fish from the estuarine waters within Region 5 (as specified next to Region 5 in the Table to clause 4) is taken to also authorise the taking of fish from any part of the Hawkesbury River that lies outside Region 5 in the proximity of Wisemans Ferry and Mangrove Creek.
(21) Any endorsement that authorises the taking of fish from estuarine waters within one region is taken to also authorise the taking of fish from estuarine waters within another region, but only if those other waters are specified in the endorsement.
Part 3A Quota management
6A New classes of shares
(1) The following classes of shares are available in the fishery—
(a) Estuary general—mud crab quota shares,
(b) Estuary general—blue swimmer crab quota shares,
(c) Estuary general—eel quota shares,
(d) Estuary general—pipi quota shares,
(e) Estuary general—beachworm quota shares,
(f) Estuary general—cockle quota shares,
(g) Estuary general—ghost nipper quota shares.
(2) These shares are created as further classes of shares under section 71A of the Act and are referred to in this Plan as quota shares.
6B Allocation of quota shares—first issue
(1) A person is eligible to be issued with the quota shares specified in Column 1 of the Table to subclause (2) if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 of the Table to this subclause if, on the relevant date, the person holds shares of a class specified opposite in Column 2.
Table Eligibility for quota shares
| Column 1 | Column 2 | | Quota shares | Existing shares | | Estuary general—mud crab quota shares | Estuary general—meshing shares—Regions 1–7 | | | Estuary general—mud crab trapping shares—Regions 1–7 | | Estuary general—blue swimmer crab quota shares | Estuary general—meshing shares—Regions 1–7 | | | Estuary general—trapping shares—Regions 1–7 | | | Estuary general—category one hauling shares—Regions 1–7 | | Estuary general—eel quota shares | Estuary general—eel trapping shares—Regions 1–7 |
(3) The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.
(4) The determination is to be made on the basis of an allocation formula set out in a notice published by the Secretary in the Gazette.
(5) The allocation formula is also to be made available on the Department’s website.
(6) The relevant date is the date specified as the relevant date in the notice published by the Secretary under subclause (4).
6BA Allocation of quota shares—second issue
(1) A person is eligible to be issued with the quota shares specified in Column 1 of the Table to this clause if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 if, at 12 noon on 28 September 2018, the person holds shares of a class specified opposite in Column 2.
(3) However, a person is not an eligible shareholder in relation to estuary general—pipi quota shares, cockle quota shares or ghost nipper quota shares if—
(a) the person holds an endorsement that authorises the taking of beachworm (but not pipi, cockle or ghost nipper), or
(b) the shares of a class specified in Column 2 held by the person are part of a fishing business a component of which is an endorsement that authorises the taking of beachworm (but not pipi, cockle or ghost nipper).
(4) The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.
(5) The determination is to be made on the basis of the allocation formula set out in Schedule 2.
Table Eligibility for quota shares
| Column 1 | Column 2 | | Quota shares | Existing shares | | Estuary general—pipi quota shares | Estuary general—hand gathering shares—Regions 1–7 | | Estuary general—cockle quota shares | Estuary general—hand gathering shares—Regions 1–7 | | Estuary general—ghost nipper quota shares | Estuary general—hand gathering shares—Regions 1–7 | | Estuary general—beachworm quota shares | Estuary general—hand gathering shares—Regions 1–7 |
6C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance with a determination under clause 6B or 6BA for each class of quota shares.
(2) The Minister must, as soon as practicable after issuing quota shares—
(a) notify each shareholder of the number of quota shares issued to the shareholder, and
(b) give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
6D Appeals to Share Appeal Panel
(1) A person who has been issued with quota shares of a particular class may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of that class issued to the person.
(1A) However, a person may not appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of a particular class issued to the person if the person has transferred any of those quota shares.
Note—
A person to whom quota shares are transferred may not appeal under this clause.
(2) When a person lodges an appeal, the quota shares issued to the person are shares that are subject to appeal.
(3) The transfer of, or any other registrable dealing in, quota shares that are subject to appeal is not permitted.
(4) On completion of an appeal, the Minister may cancel or issue shares in order to give effect to a decision of the Share Appeal Panel.
(5) No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.
(6) For the purposes of section 90 (1) (e) of the Act, shares that are subject to appeal are to be registered as such on the Share Register.
(7) Shares cease to be subject to appeal if—
(a) the appeal to the Share Appeal Panel is withdrawn, or
(b) the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.
Note—
The Supporting Plan contains provisions relating to lodging an appeal to the Share Appeal Panel in relation to the issue of quota shares.
6E TAF Committee required to make fishing determinations
(1) The TAF Committee is required to make the following fishing determinations—
(a) a TAC determination for each of the following species of fish—
(i) mud crab (Scylla serrata),
(ii) blue swimmer crab (Portunus armatus),
(iii) longfin eel (Anguilla reinhardtii) and southern shortfin eel (Anguilla australis),
(b) a TAE determination for each of the following classes of shares—
(i) Estuary general—meshing shares—Regions 1–7,
(ii) Estuary general—category one hauling shares—Regions 1–7,
(iii) Estuary general—category two hauling shares—Regions 1–7.
(2) A TAE determination is to specify the total number of days during a specified period in which fish may be taken in the fishery.
(3) A fishing determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.
(4) A fishing determination is to be made in accordance with Division 2 of Part 2A of the Act.
(5) This clause is subject to Part 11 of this Plan.
Note—
Part 11 provides for the Secretary, and not the TAF Committee, to make the fishing determinations specified in this clause during the transition period, which commences on 6 October 2017 and ends on 30 June 2024.
6EA TAC determinations required to be made
(1) A determination of the total allowable catch (a TAC determination) of each of the following species is required to be made—
(a) pipi (Donax deltoides),
(b) beachworm (Class: Polychaeta),
(c) cockle (Family: Arcidae/Veneridae),
(d) ghost nipper (Trypaea australiensis).
Note—
Under section 40C (3), the Minister may direct either the TAF Committee or the Secretary to make the fishing determinations (subject to some limitations).
(2) A TAC determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.
6F Taking fish without quota
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement authorising the taking of any of the following species of fish that the endorsement holder does not take that species in the fishery unless the endorsement holder has quota for that species—
(a) mud crab (Scylla serrata),
(b) blue swimmer crab (Portunus armatus),
(c) longfin eel (Anguilla reinhardtii) and southern shortfin eel (Anguilla australis),
(d) pipi (Donax deltoides),
(e) beachworm (Class: Polychaeta),
(f) cockle (Family: Arcidae/Veneridae),
(g) ghost nipper (Trypaea australiensis).
Note—
It is also an offence under section 40S of the Act for a shareholder to take fish, or use a fishing method, or to cause or permit an agent to do so, in contravention of the shareholder’s quota.
(2) For the purposes of section 65 of the Act, contravention of this clause is an offence.
(3) (Repealed)
Part 4 Minimum and maximum shareholdings
7 Minimum shareholding—all shares other than hand gathering shares
(1) For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to a class of shares specified in the Table to this clause is the number of shares of that class specified in the Table next to the class concerned.
Note—
A person who does not hold the minimum shareholding required for a class of shares will not be eligible to be given, or to nominate another person to be given, an endorsement that authorises the taking of fish in respect of shares of that class. See section 68 (3) (b) of the Act.
(2) The shares relied on to meet the minimum shareholding requirement must all be a component of the same estuary general fishing business.
Table
| Class of shares | Minimum shareholding | | Estuary general—handline shares (Region 1, 2, 3, 4, 5, 6 or 7) | 375 | | Estuary general—meshing shares (Region 1, 2, 3, 4, 5, 6 or 7) | 125 | | Estuary general—prawning shares (Region 1, 2, 3, 4, 6 or 7) | 150 | | Estuary general—prawning shares (Region 5) | 125 | | Estuary general—trapping shares (Region 1, 2, 3, 4, 5, 6 or 7) | 125 | | Estuary general—eel trapping shares (Region 1, 2, 3, 4, 5, 6 or 7) | 125 | | Estuary general—mud crab trapping shares (Region 1, 2, 3, 4, 5, 6 or 7) | 125 | | Estuary general—category one hauling shares (Region 1, 2, 3, 4, 5, 6 or 7) | 125 | | Estuary general—category two hauling shares (Region 1, 2, 3, 4, 5, 6 or 7) | 125 |
7A Minimum shareholding—hand gathering shares
(1) For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to estuary general—hand gathering shares is, subject to subclause (2)—
(a) for estuary general—hand gathering shares (Region 1, 2, 3, 4, 6 or 7)—125 shares, or
(b) for estuary general—hand gathering shares (Region 5)—100 shares.
(2) The minimum shareholding in relation to estuary general—hand gathering shares is 1 share, if the shareholder is an original entitlement holder.
(3) Subclause (2) ceases to apply if the shareholder transfers, assigns, forfeits or surrenders any of the shares or if any of the shares are cancelled after 5 February 2007 (in which case subclause (1) applies to the shareholder).
(4) For the purposes of this clause, an original entitlement holder is a person who—
(a) held estuary general—hand gathering shares immediately before 5 February 2007, and
(b) was, immediately before 5 February 2007, eligible for an endorsement in the fishery (or to nominate a person to be given an endorsement in the fishery) on the basis of that shareholding.
(5) A person who was issued with estuary general—hand gathering shares as a consequence of a decision of the Share Appeal Panel on an appeal in relation to the issue of shares in the fishery and who would have been entitled to an endorsement in the fishery, or to nominate a person to be given an endorsement, if those shares had been issued before 5 February 2007, is taken to be an original entitlement holder for the purposes of this clause.
(6) The shares relied on to meet the minimum shareholding requirement must all be a component of the same estuary general fishing business.
8 Maximum shareholding
For the purpose of section 72 (1) of the Act, the maximum shareholding in relation to all classes of shares, other than quota shares, is 40% of the total number of shares in the fishery at the commencement of this Plan.
Part 5 Endorsement conditions
9 Trap limits
(1) The Secretary is to determine, by instrument in writing, a trap limit for each estuary general trapping fishing business.
(2) The trap limit for an estuary general trapping fishing business is the maximum number of crab, eel or fish traps that may be used or set at any one time in all waters, or in specified waters, by persons taking fish on behalf of the fishing business.
(3) The Secretary is to determine the trap limit for each estuary general trapping fishing business in accordance with any guidelines approved by the Minister and published in the Gazette.
(4) The Secretary is to notify the owner of each estuary general trapping fishing business of the trap limit for the business.
(5) A fishing business owner who is notified of a trap limit by the Secretary under this clause must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business is notified of the trap limit.
(6) For the purposes of section 68 (6A) of the Act, it is a condition of each of the following endorsements that the endorsement holder does not use or set, or cause to be used or set, a number of traps at any one time that exceeds the trap limit for the relevant fishing business—
(a) trapping endorsement,
(b) eel trapping endorsement,
(c) mud crab trapping endorsement.
(7) For the purposes of section 65 of the Act, contravention of subclause (5) or (6) is an offence.
(8) In this clause, estuary general trapping fishing business means an estuary general fishing business that has any of the following classes of shares as a component—
(a) Estuary general—trapping shares—Regions 1–7,
(b) Estuary general—eel trapping shares—Regions 1–7,
(c) Estuary general—mud crab trapping shares—Regions 1–7.
10, 11 (Repealed)
12 No more than one net to be used by holders of hauling endorsement
(1) For the purposes of section 68 (6A) of the Act, it is a condition of a category one hauling endorsement that the holder of the endorsement does not use or cause to be used more than one of the nets that the holder is authorised to use in the fishery by the endorsement at any one time.
(2) For the purposes of section 68 (6A) of the Act, it is a condition of a category two hauling endorsement that the holder of the endorsement does not use or cause to be used more than one of the nets that the holder is authorised to use in the fishery by the endorsement at any one time.
13 Boat length restrictions
(1) For the Act, section 68(6A), it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery if the measured length of the boat is more than 16m (the maximum boat length).
(2) A boat is exempt from the maximum boat length if the boat—
(a) is an exempt boat, and
(b) displays—
(i) the unique vessel identifier for the boat, or
(ii) the identifying number of the boat, in accordance with subclause (3).
(3) The identifying number of the boat must be displayed—
(a) on both sides of the outside of the bow or wheelhouse, and
(b) following the letters “LFB”, and
(c) using letters and figures that are—
(i) clearly visible, and
(ii) in a colour that contrasts with the boat, and
(iii) at least 300mm high and 150mm wide.
(4) In this clause—
measured length of a boat means the measured length specified in the most recent certificate of survey for the boat.
13A Boats exempt from maximum boat length
(1) A boat is exempt from the maximum boat length if, immediately before the commencement of this clause, a fishing boat licence that specified an “EG” exemption code (a relevant fishing boat licence) authorised the use of the boat for a declared commercial fishing boat activity.
(2) A boat is exempt only if the following are provided to the Secretary within the relevant period—
(a) the name of the boat,
(b) the identifying number of the boat,
(c) the unique vessel identifier for the boat,
(d) the most recent certificate of survey for the boat.
(3) In this clause—
relevant period means 90 days from the commencement of this clause or a longer period determined by the Secretary.
13B Transfer of entitlement to exempt boat
(1) A person who, immediately before the commencement of this clause, held a relevant fishing boat licence may transfer the entitlement to an exempt boat to another person.
(2) The person to whom the entitlement to an exempt boat is transferred under subclause (1) may transfer the entitlement to another person.
(3) If a person transfers an entitlement under subclause (1) or (2)—
(a) the transferee is entitled to an exempt boat as if the person was the holder of the relevant fishing boat licence, and
(b) the transferor is no longer entitled to an exempt boat.
14 New and replacement exempt boats
(1) An exempt boat may not be replaced after 3 years from the commencement of this clause.
(2) A person who has an entitlement to an exempt boat may not acquire an exempt boat after 3 years from the commencement of this clause.
(3) The Secretary may extend the 3-year period specified in subclause (1) or (2) if the Secretary is satisfied exceptional circumstances exist.
(4) A replacement boat is exempt from the maximum boat length if—
(a) the boat is not longer than the maximum length specified, immediately before the commencement of this clause, on the relevant fishing boat licence for the replaced boat, and
(b) the following are provided to the Secretary—
(i) the name of the boat,
(ii) the unique vessel identifier for the boat,
(iii) the most recent certificate of survey for the boat,
(iv) if the replacement boat is exempt because of the transfer of an entitlement under clause 13B—evidence that is, in the opinion of the Secretary, reasonably sufficient to demonstrate that the entitlement was transferred in accordance with that clause.
14A Sorting of prawns caught in certain nets
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the following steps are taken immediately after using a relevant net to take fish in the fishery—
(a) any prawns caught in the net are graded immediately after the net is retrieved,
(b) the unwanted portion of the catch is returned to the water, alive, as soon as practicable (and in any case before the cooking of the retained portion of the catch).
(2) In this clause, a relevant net means any of the following nets—
(a) dip or scoop net (prawns),
(b) hand-hauled prawn net,
(c) prawn net (hauling),
(d) prawn net (hauling)—Manning River,
(e) prawn net (hauling)—Wallis Lake,
(f) prawn net (set pocket),
(g) prawn running net,
(h) push or scissors net (prawns),
(i) seine net (prawns),
(j) seine net (prawns)—clover leafing.
14B Use of discard chutes
(1) For the purposes of section 68 (6A) of the Act, it is a condition of a meshing endorsement that any fish taken at any time that are to be released in the period starting one hour before sunrise and ending one hour after sunset are released—
(a) using a discard chute that complies with discard chute guidelines, and
(b) in a manner that complies with the discard chute guidelines.
(2) For the purposes of this clause, discard chute guidelines are guidelines approved by the Secretary for the purposes of this clause and published in the Gazette.
14C Storage of eels, crabs and cockles
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of eel that the endorsement holder does not store any live eels taken, or possess any device used to store live eels, in, on, or adjacent to, the following waters—
(a) any freshwater river, creek, stream, lake or lagoon,
(b) waters in which commercial fishing for eel or the use of eel traps is prohibited.
(2) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of mud crabs or blue swimmer crabs that the endorsement holder does not store any live mud crabs or blue swimmer crabs taken, or possess any device used to store live mud crabs or blue swimmer crabs, in, on, or adjacent to, any waters in which commercial fishing for mud crabs or blue swimmer crabs is prohibited.
(3) For the purposes of section 68 (6A) of the Act, it is a condition of a hand gathering endorsement that the endorsement holder does not store any live cockles taken, or possess any device used to store live cockles, in, on, or adjacent to, any waters in which commercial fishing for cockles is prohibited.
14D Use of holding pens
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of any of the following species of fish that the endorsement holder does not use a holding pen to store the fish other than in compliance with this clause—
(a) mud crab,
(b) blue swimmer crab,
(c) longfin eel and southern shortfin eel,
(d) cockle.
(2) A holding pen may be used only if—
(a) the dimensions of the holding pen do not exceed the dimensions of a fish trap, and
(b) the holding pen is sealed (so that the fish cannot get in or out), and
(c) the position of the holding pen is indicated by a buoy that—
(i) is moored so as to be positioned above the holding pen, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “P”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
Part 6 Species that may be taken
15 Only permitted species may be taken
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take fish by use of a net, trap or line or by the method of hand picking in the fishery unless the fish taken is a permitted species for the fishery.
Note—
Size requirements for permitted species are set out in the Fisheries Management (General) Regulation 2019.
16 Permitted species
For the purposes of this Plan, a permitted species of fish is a species of fish listed in the following Table.
Table Species of fish permitted to be taken in the fishery
| Common name | Scientific name | Designation | | Australian anchovy | Engraulis australis | Secondary species | | Australian bonito | Sarda australis | Secondary species | | Australian herring | Arripis georgianus | Secondary species | | Eastern Australian salmon | Arripis trutta | Secondary species | | Barred grunter | Amniataba percoides | Secondary species | | Beachworm spp. | various (Class: POLYCHAETA) | Key secondary species | | Bigeye trevally | Caranx sexfasciatus | Secondary species | | Birdwire rockcod | Epinephelus merra | Secondary species | | Blackspotted rockcod | Epinephelus malabaricus | Secondary species | | Blue mackerel | Scomber australasicus | Secondary species | | Brassy trevally | Caranx papuensis | Secondary species | | Bream | | | | • Black bream | Acanthopagrus butcheri | Secondary species | | • Yellowfin bream | Acanthopagrus australis | Primary species | | Catfish spp. | various (Family: ARIIDAE/PLOTOSIDAE) | Secondary species | | Cockle spp. | various (Family: ARCIDAE/VENERIDAE) | Key secondary species | | Common ponyfish | Leiognathus equulus | Secondary species | | Crabs | | | | • Blue swimmer crab | Portunus armatus | Key secondary species | | • Mud crab | Scylla serrata | Primary species | | • Sand crab spp. | various (Family: PORTUNIDAE) | Secondary species | | Cuttlefish spp. | various (Family: SEPIIDAE) | Secondary species | | Diamondfish | Monodactylus argenteus | Secondary species | | Eastern shovelnose ray | Aptychotrema rostrata | Secondary species | | Eastern wirrah | Acanthistius ocellatus | Secondary species | | Eels | | | | • Longfin eel | Anguilla reinhardtii | Primary species | | • Pike eel | Muraenesox bagio | Secondary species | | • Southern shortfin eel | Anguilla australis | Primary species | | • Short-finned conger eel | Conger wilsoni | Secondary species | | • Southern conger eel | Conger verreauxi | Secondary species | | Emperor | Lethrinus spp. | Secondary species | | Flathead | | | | • Dusky flathead | Platycephalus fuscus | Primary species | | • Bluespotted flathead | Platycephalus caeruleopunctatus | Secondary species | | Flounder spp. | various (Family: PLEURONECTIDAE/BOTHIDAE) | Secondary species | | Garfish | | | | • Eastern sea garfish | Hyporhamphus australis | Secondary species | | • River garfish | Hyporhamphus regularis | Key secondary species | | • Shortbill garfish | Arrhamphus sclerolepis | Secondary species | | Giant sea catfish | Netuma thalassina | Secondary species | | Giant trevally | Caranx ignobilis | Secondary species | | Greenback flounder | Rhombosolea tapirina | Secondary species | | Gurnard spp. | various (Family: TRIGLIDAE) | Secondary species | | Hairtail | Trichiurus lepturus | Secondary species | | Hardyhead spp. | various (Family: ATHERINIDAE) | Secondary species | | Hawaiian giant herring | Elops hawaiensis | Secondary species | | John dory | Zeus faber | Secondary species | | Leatherjacket spp. | various (Family: MONACANTHIDAE) | Secondary species | | Longtom spp. | various (Family: BELONIDAE) | Secondary species | | Luderick | Girella tricuspidata | Primary species | | Mackerel tuna | Euthynnus affinis | Secondary species | | Mangrove jack | Lutjanus argentimaculatus | Secondary species | | Mantis shrimp spp. | various (Family: SQUILLIDAE) | Secondary species | | Moses snapper | Lutjanus russellii | Secondary species | | Mullet | | | | • Flat-tail mullet | Liza argentea | Key secondary species | | • Pink-eye mullet | Myxus petardi | Secondary species | | • Red mullet | Upeneichthys lineatus | Secondary species | | • Sand mullet | Myxus elongatus | Secondary species | | • Sea mullet | Mugil cephalus | Primary species | | Mulloway | Argyrosomus japonicus | Key secondary species | | Mussel spp. | various (Family: MYTILIDAE) | Secondary species | | Nipper spp. | Callianassa spp. | Secondary species | | Octopus spp. | various (Family: OCTOPODIDAE) | Secondary species | | Old maid | Scatophagus multifasciatus | Secondary species | | Oxeye herring | Megalops cyprinoides | Secondary species | | Painted sweetlips | Diagramma pictum | Secondary species | | Pike spp. | Sphyraena spp. | Secondary species | | Australian sardine | Sardinops sagax | Secondary species | | Pipi | Donax deltoides | Primary species | | Prawns | | | | • Eastern king prawn | Melicertus plebejus | Primary species | | • Greasyback prawn | Metapenaeus bennettae | Key secondary species | | • Eastern school prawn | Metapenaeus macleayi | Primary species | | • Tiger prawn | Penaeus esculentus | Secondary species | | Queenfishes | Scomberoides spp. | Secondary species | | Red morwong | Cheilodactylus fuscus | Secondary species | | Redthroat emperor | Lethrinus miniatus | Secondary species | | Saucer scallop | Amusium spp. | Secondary species | | Scallop | Pecten fumatus | Secondary species | | Shell spp. | various (Class: GASTROPODA/PELECYPODA) | Secondary species | | Silver biddy | Gerres subfasciatus | Key secondary species | | Snapper | Chrysophrys auratus | Secondary species | | Sole spp. | various (Family: SOLEIDAE) | Secondary species | | Squid spp. | various (Class: CEPHALOPODA) | Secondary species | | Stargazers | various (Family: URANOSCOPIDAE) | Secondary species | | Stingray/stingaree spp. | various (Family: DASYATIDAE/UROLOPHIDAE) | Secondary species | | Striped grunter spp. | Pelates spp. | Secondary species | | Silver sweep | Scorpis lineolata | Secondary species | | Sweetlips | Haemulidae except Pomadasys spp. | Secondary species | | Tailor | Pomatomus saltatrix | Secondary species | | Tarwhine | Rhabdosargus sarba | Secondary species | | Trevally | | | | • Black trevally | Siganus nebulosus | Secondary species | | • Golden trevally | Gnathanodon speciosus | Secondary species | | • Silver trevally | Pseudocaranx georgianus | Secondary species | | Whaler shark spp. | Carcharhinus spp. | Secondary species | | Whitebait spp. | various (Family: CLUPEIDAE/GALAXIIDAE) | Secondary species | | Whiting | | | | • Sand whiting | Sillago ciliata | Primary species | | • School whiting | Sillago bassensis | Secondary species | | • Trumpeter whiting | Sillago maculata | Key secondary species | | Yellowtail scad | Trachurus novaezelandiae | Secondary species | | Yellowtail kingfish | Seriola lalandi | Secondary species |
Part 6A Restrictions on areas of operation
16A Other restrictions on areas of operation
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in column 1 of Schedule 1 are waters in which the class of commercial fishing that consists of the taking of fish of a species specified in column 2 of that Schedule by a method specified in column 3 of that Schedule (next to the species concerned) is prohibited during the period or periods specified in column 4 of that Schedule.
Part 7 Fishing gear
Note—
Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
Division 1 Use of fishing gear
16B Use of nets to assist commercial fishers to take fish
It is lawful for a person to assist an endorsement holder in the operation of a net in accordance with this Division and Part 8.
17 Hauling net (general purpose)
(1) It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking a permitted species of fish in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of hauling,
(b) the net has a bunt,
(c), (d) (Repealed)
(e) except as provided by paragraph (f), the length of each hauling line attached to the net does not exceed the total length of the net to which it is attached,
(f) the length of each hauling line attached to the net does not exceed—
(i) 725 metres in length in the waters of that part of Wallaga Lake extending upwards from the bridge and embankment on the Narooma–Bermagui Road, the Broadwater of the Clarence River, that part of Lake Cathie (Lake Innes) known as Lake Innes, Smiths Lake, those parts of Myall Lakes (Myall River) known as Myall Lake and the Broadwater of Myall Lakes and Lake Illawarra, or
(ii) 1,000 metres in length in the waters of Tuggerah Lakes and Wallis Lake (excluding Wallamba, Wallingat, Coolongolook and Wang Wauk Rivers),
(g) (Repealed)
(h) the hauling of the net once commenced (that is, when any part of the net other than the hauling line has been shot or cast) is continued without any interruption or delay until completed, unless the delay or interruption, including the redirection or relaying of a hauling line, is required for the safe operation of the net,
(i) any fish contained in any part of the net are removed on or before completion of the haul,
(j) the net is not used for taking garfish,
(k) the net is operated with the assistance of at least 1 other person,
(l) in the case of a net of 500 metres or less in length used in the waters specified in item 1 or 2 of the Table to this clause under the authority of a category one hauling endorsement—
(i) the net is hauled no more than once between midnight on one day and midnight on the immediately following day, and
(ii) no more than one net of 500 metres or less in length is used by the holder of the endorsement during that period.
(2) (Repealed)
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a hauling net (general purpose) or a hauling net (general purpose)—estuary general fishery.
Table Hauling net (general purpose)
| 1 | (a) Waters—Tuggerah Lakes; Wallis Lake (excluding Wallamba, Wallingat, Coolongolook and Wang Wauk Rivers). | | (b) Description of net— | | (i) total length not more than 500m, and | | (ii) total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and | | (iii) mesh of bunt not less than 30mm, and | | (iv) mesh of remainder, or shoulders, of bunt not less than 57mm, and | | (v) mesh of wings not less than 80mm. | | 2 | (a) Waters—The part of Wallaga Lake extending upwards from the bridge and embankment on Bermagui Road; the part of Clarence River known as the Broadwater of the Clarence River; the part of Lake Cathie (Lake Innes) known as Lake Innes; Smiths Lake; the parts of Myall Lakes known as Myall Lake and the Broadwater of Myall Lakes; Lake Illawarra. | | (b) Description of net— | | (i) total length not more than 500m, and | | (ii) total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and | | (iii) mesh of bunt not less than 30mm, and | | (iv) mesh of remainder, or shoulders, of bunt not less than 57mm, and | | (v) mesh of wings not less than 80mm. | | 3 | (a) Waters—The parts of the Tweed River known as Terranora Broadwater and Cobaki Broadwater; Clarence River; Lake Wollumboola; Coila Lake; Murrah Lake; Wapengo Lake; Curalo Lake. | | (b) Description of net— | | (i) total length not more than 450m, and | | (ii) total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and | | (iii) mesh of bunt not less than 30mm, and | | (iv) mesh of remainder, or shoulders, of bunt not less than 57mm, and | | (v) mesh of wings not less than 80mm. | | 4 | (a) Waters—All other waters specified in clause 4, Table. | | (b) Description of net— | | (i) total length not more than 375m, and | | (ii) total length of bunt not more than one-third of the total length of the net, comprising a centre piece of not more than 90m and not less than 25m, and remainder, or shoulders, of not more than 90m, and | | (iii) mesh of bunt not less than 30mm, and | | (iv) mesh of remainder, or shoulders, of bunt not less than 57mm, and | | (v) mesh of wings not less than 80mm. |
18 Trumpeter whiting net (hauling)
(1) It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking trumpeter whiting in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) (Repealed)
(b) the net is used only by the method of hauling, that is, by casting and shooting the net and picking up and landing the whole of the net, including both hauling lines, without delay or interruption, or in the following manner—
(i) the net and hauling lines attached to both ends of the net must be completely cast or shot from a boat,
(ii) the net and hauling lines may be towed to the point of landing if the distance of the tow does not exceed the difference between the length of the hauling lines and 225 metres,
(c) any fish contained in a part of the net are immediately removed from the net on completion of the haul, or on removal of that part of the net from the water, whichever occurs first.
(2) (Repealed)
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a trumpeter whiting net (hauling).
Table Trumpeter whiting net (hauling)
| 1 | (a) Waters—That part of Port Stephens (Karuah River) east of a line drawn (along the eastern and southern side of the Pindimar sanctuary zone and the eastern side of the Soldiers Point habitat protection zone of Port Stephens—Great Lakes Marine Park) from the mean high water mark nearest to 32°41.252′S, 152°04.970′E, due south to the starboard navigation marker No 129 at or about 32°41.421′S, 152°04.970′E, then due south to 32°41.682′S, 152°04.970′E, then due west to 32°41.682′S, 152°04.327′E, then due south to the mean high water mark at Kangaroo Point nearest to 32°42.423′S, 152°04.327′E, and west of a line drawn from the south eastern extremity of Orungall Point south east to the starboard navigation marker No 062 at or about 32°41.143′S, 152°07.203′E, then (along the western edge of the Corrie Island Sanctuary Zone and the Dutchman’s beach habitat protection zone of Port Stephens–Great Lakes Marine Park), generally south to the starboard navigation marker No 064 at or about 32°41.736′S, 152°07.374′E, then generally south south east to starboard navigation marker No 015 at or about 32°42.273′S, 152°07.556′E, then south south east to the mean high water mark on the western side of Redpatch Point at or about 32°43.207′S, 152°07.786′E.(b) Description of net—Total length not exceeding 275 metres; mesh of wings not less than 50 mm nor more than 65 mm, having a depth of not more than 50 meshes, length of bunt not exceeding 50 metres of mesh not less than 30 mm nor more than 40 mm; length of each hauling line not less than 100 metres nor more than 225 metres. |
19 Garfish net (bullringing)
(1) It is lawful for the holder of a category one or category two hauling endorsement to use a net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only between 1 February and 30 November in any year,
(b) the net is used only by the method of bullringing (that is, casting the net in a circle, then retrieving the net to the boat, both of which are to be completed as a continuous operation),
(c) the length of any hauling line attached to the net does not exceed 25 metres.
(2) It is also lawful to use a net to take other permitted species of fish, other than a prohibited size class of fish, taken by the net when it is being lawfully used to take garfish.
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (bullringing).
Table Garfish net (bullringing)
| 1 | (a) Waters—Clarence River.(b) Description of net—Total length not exceeding 375 metres; mesh throughout not less than 28 mm nor more than 45 mm. | | 2 | (a) Waters—Tuggerah Lakes.(b) Description of net—Total length not exceeding 550 metres; mesh throughout not less than 28 mm nor more than 45 mm. | | 3 | (a) Waters—All other waters specified in the Table to clause 4.(b) Description of net—Total length not exceeding 275 metres; mesh throughout not less than 28 mm nor more than 45 mm. |
20 Garfish net (hauling)
(1) It is lawful for the holder of a category one or category two hauling endorsement to use a hauling net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of hauling,
(b) the net is deployed from, and hauled to, a beach.
(2) It is also lawful to use a hauling net for taking any other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking garfish.
(3) (Repealed)
(4) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (hauling) or as a garfish net (hauling)—estuary general fishery.
Table Garfish net (hauling)
| 1 | (a) Waters—That part of the Hawkesbury River known as Broken Bay from its confluence with the South Pacific Ocean upstream to a line drawn from Little Box Head to Green Point, a line from the most easterly extremity of Middle Head to the most northerly extremity of West Head and a line northeasterly from Soldiers Point to Sand Point; that part of Port Stephens east of a line northerly from Corlett Point to Orungall Point (excluding those parts which include Wobbegong Bay, Wobbegong Creek, Pindimar Bay, Corrie Creek, Paddy Marr’s Bay and Myall River and its tributaries), generally north and northeast of a line from Orungall Point to a point being the south-western corner of Oyster Farm No 83–361, and a line from the last mentioned point to Myall Point.(b) Description of net—Mesh of not less than 28 mm nor more than 36 mm; total length not exceeding 300 metres. |
21 Prawn net (hauling)
(1) It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of hauling,
(b) the net is not set or staked at any time,
(c) the net is landed on the tray of a boat or in sufficient depth of water to enable prohibited size class of fish that are taken in the net to escape,
(d) there is no seine net (prawns) on the boat from which the net is used,
(e) there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).
(2) A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—
(a) method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.
(4) It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a prawn net (hauling) if the try net complies with the following description—
The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.
(5) It is also lawful to use a hauling net to take other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.
(6) For the purposes of this Plan or any other instrument under the Act, a net described—
(a) in subclause (1) or in the Table to this clause may be referred to as a prawn net (hauling), and
(b) in subclause (4) may be referred to as a try net (prawns).
Table Prawn net (hauling)
| 1 | (a) Waters—Tuggerah Lakes.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres. | | 2 | (a) Waters—Lake Illawarra.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres. | | 3 | (a) Waters—Shoalhaven River.(b) Description of net—Total length not exceeding 90 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres. | | 4 | (a) Waters—Myall Lakes (Myall River) and Smiths Lake.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres. | | 5 | (a) Waters—That part of Wallis Lake included within the following boundaries: commencing at a post marked “FD” situated at the high water mark of Pipers Bay (the post being located by a line bearing 186 degrees from an electricity pole numbered 14808, situated at the eastern end of Pipers Bay Drive, Forster), then bounded by a line bearing 217 degrees to a second post marked “FD” situated at the high water mark on the southern side of Big Island, then to a third post marked “FD” situated at the high water mark of Wallis Island, bearing 245 degrees from the second post, then southerly, westerly and northerly along the high water mark of Wallis Island to a jetty located on the western side of Wallis Island, then westerly along the length of the jetty to its end, then to a fourth post marked “FD”, situated at the high water mark on the foreshore of Coomba Park, bearing 246 degrees and 30 minutes from the end of the jetty, then generally southerly, easterly and northerly along the high water mark of Wallis Lake to the point of commencement.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres. | | 6 | (a) Waters—Coila Lake and Wallaga Lake.(b) Description of net—Total length not exceeding 75 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres. | | 7 | (a) Waters—Tweed River.(b) Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres. | | 8 | (a) Waters—All other waters specified in the Table to clause 4 (except the waters of the Manning River and Wallis Lake).(b) Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres. |
22 Prawn net (hauling): Manning River
(1) It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the Manning River upstream from Ghinni Ghinni Creek and Berady Creek if the net (including hauling lines) complies with the description set out in subclause (2) and the conditions set out in this clause are complied with.
(2) The net must comply with the following description—
(a) the total length of the net must not exceed 40 metres,
(b) the mesh of the body of the net (or that part of the net not capable of being used as a codend) must not be less than 30 mm nor more than 36 mm,
(c) the codend of the net, or that part of the net capable of being used as a codend, must have a length of not less than 2 metres and a circumference of not less than 1 metre nor more than 1.6 metres,
(d) the mesh of the codend of the net, or that part of the net capable of being used as a codend, must be not less than 27 mm nor more than 32 mm, and be constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped,
(e) there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (3) and (4),
(f) the body of the net must have no attachments except spreader poles and hauling lines,
(g) the hauling line run on the first leg to the net must not be longer than 220 metres,
(h) the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 90 metres, and not be shorter than 60 metres,
(i) a marker buoy with a diameter of not less than 100 mm must be fixed to the hauling line at intervals of 55 metres.
(3) A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—
(a) method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(4) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.
(5) The net must be used only by the method of hauling, and must not be set or staked at any time.
(6) The net must be shot and hauled as follows—
(a) one end of the hauling line run on the first leg (first rope shot) to the net must be attached to a stationary boat that—
(i) does not have a motor on or in it, and
(ii) does not contain any rope other than the mooring line, the anchor line and a maximum of 220 metres of hauling line, and
(iii) is secured by an anchor (with the length of the anchor line not exceeding 50 metres) in such a position that both the boat and the anchor are at least 10 metres from the water’s edge (regardless of the tide) during the entire hauling operation,
(b) the line must then be cast (or laid out) from a motor boat, and the net then shot,
(c) the second hauling line must then be cast (or laid out) from the motor boat as the boat moves in a circular path so as to return to a landing-up point near the shore end of the first hauling line,
(d) the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),
(e) the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else which would effectively shorten it,
(f) once the shooting of the first hauling line of the net has commenced, the two hauling lines of the net must not be shortened or manipulated in any way so as to alter the shape of the haul (other than as a necessary part of the process of landing the net),
(g) once any part of the net other than the hauling line has been shot or cast, the shooting and hauling operation is to be continued without interruption or delay until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish in the net to escape.
(7), (8) (Repealed)
(9) The entire hauling operation must take place at least 10 metres from the water’s edge (regardless of the tide).
(10) The hauling lines must not be towed by more than one boat at any stage in the hauling operation.
(11) A crew that uses a net must not operate more than one mechanically powered boat in the Manning River.
(12) A crew that uses a net must not operate a mechanically powered boat within 50 metres of another endorsement holder who is taking prawns from the Manning River, except as provided by subclause (13).
(13) A crew may operate a mechanically powered boat within 50 metres of another crew that is taking prawns from the Dawson River for the purpose of passing the other crew. The crew passing must pass the other crew as quickly as possible and must not assist the other crew.
(14) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Manning River.
23 Prawn net (hauling): Wallis Lake
(1) It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of hauling,
(b) there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).
(2) A draw or closing string and a secondary string may be attached in accordance with one of the following methods—
(a) method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.
(4) The body of the net must have no attachments except spreader poles and hauling lines.
(5) The net must be shot and hauled as follows—
(a) the end of the hauling line first shot (or laid out) must be attached to a stationary boat that is secured by an anchor or post during the entire haul operation,
(b) the line must then be shot (or laid out) from a motor boat, and the net then shot,
(c) the second hauling line must then be shot (or laid out) from the motor boat as the boat moves in a circular path so as to return to the stationary boat from where the first hauling line was shot,
(d) the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),
(e) the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else that would effectively shorten it,
(f) once the shooting and hauling of the net have commenced, the operation must continue until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish taken in the net to escape,
(g) once any prohibited size class of fish have been allowed to escape, the net must be fully removed from the water.
(6) There must be no motor in or on the boat from which the net is operated, and the boat must not contain any rope other than the mooring line and a maximum of 200 metres of hauling rope.
(7), (8) (Repealed)
(9) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Wallis Lake.
Table Prawn net (hauling): Wallis Lake
| 1 | (a) Waters—Those parts of Wallis Lake known as Coolongolook and Wallingat Rivers upstream from a line across the river from a post marked FD8 due north of the eastern extremity of Junction Point, then due south to Junction Point, then generally south by the western foreshore of the Wallingat River to a post marked FD9, then extending across the Wallingat River on a bearing of 87 degrees to a jetty situated on the north-western foreshore of Lot 1, DP 589944.(b) Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres. | | 2 | (a) Waters—That part of Wallis Lake known as the Wallamba River from a line drawn from the northern foreshore of the entrance of Muddy Creek to the eastern extremity of Hardy’s Point upstream to the Pacific Highway Road Bridge at Nabiac.(b) Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres. |
24 Prawn net (set pocket)
(1) It is lawful for the holder of a prawning endorsement to use a prawn net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions (in addition to those in subclause (3), if applicable) are complied with—
(a) the net is used only by the method of setting,
(b) hauling lines are not attached to the net,
(c) the position of the net, if set and left unattended, is indicated by a buoy that—
(i) is moored so the buoy is visible and safely accessible by boat, and
(ii) measures at least 200mm in all dimensions, and
(iii) displays the relevant fishing business number followed by the letter “P”, in clearly visible letters and figures that are at least 100mm in height and of a colour that contrasts with the colour of the buoy,
(d) there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclause (2).
(2) A draw or closing string may be attached to the net in accordance with one of the following methods—
(a) method 1: (applicable if either a square shaped mesh codend or a diamond shaped mesh codend is used): a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: (applicable only if a square shaped mesh codend is used): a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) If the net is used in the waters of the Clarence River, the following additional conditions must be complied with—
(a) (Repealed)
(b) the net must not be used except during the following periods—
(i) on weekends during the dark (that is, the period commencing 3 days after a full moon and ending 3 days after the next new moon),
(ii) from sunset to sunrise on weekdays between 1 August in any year and 31 May in the next year,
(iii) from sunrise to sunset on weekdays between 1 December in any year and 31 May in the next year,
(c) except in the area known as the South Arm Rocks—
(i) the inside peg of the net must not be set further than 5 metres from low water mark, and
(ii) all pegs used in connection with the net must be painted white and show at least 1 metre above high water mark,
(d) the net must be kept clear of the water when it is not in use.
(4) For the purposes of this clause, a square shaped mesh codend is a codend that complies with the following description—
(a) the mesh of the codend is not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter and hung on the bar so that the meshes are square shaped,
(b) the codend of the net is not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres.
(5) For the purposes of this clause, a diamond shaped mesh codend is a codend that complies with the following description—
(a) the mesh of the codend is not less than 32 mm nor more than 40 mm, constructed of single twine material not more than 2.5 mm in diameter and hung so that the meshes are diamond shaped,
(b) the codend of the net does not consist of a greater amount of net in circumference than that part of the net immediately forward of the codend when stretched transversely.
(6) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (set pocket).
Table Prawn net (set pocket)
| 1 | (a) Waters—That part of the Myall Lakes (Myall River) from the junction of the Myall River with the Broadwater of the Myall Lakes downstream to the road bridge between Tea Gardens and Hawks Nest.(b) Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 2 | (a) Waters—Those parts of Wallis Lake included within the following boundaries—(i) the whole of that part of Wallamba Channel in Wallis Lake within the following boundaries: commencing at the line of high water mark at the southern point of the entrance to Wallamba River, and bounded then by a straight line southerly to the northern shore of First Island at the southeastern foreshore corner of Oyster Farm No 77–3, by the northern shore of that island easterly to its extremity, and by a straight line southeasterly to the high water mark of the northern shore of Cockatoo Island (being a point about 180 metres southwesterly from the southeastern foreshore corner of Oyster Farm No 78–44), by the northern shore of that island generally easterly to the eastern foreshore corner of Oyster Farm No 74–138, then by a straight line northeasterly to the northern shore of Grassy Island at the most northerly southeastern foreshore boundary of Oyster Lease No 59–361, by the northern shore of that island easterly to its most eastern point, by a straight line north-northwesterly to the eastern extremity of Long Island, by the southern shore of that island generally westerly to its western extremity, by a straight line southwesterly to the eastern extremity of Sandy Island (such point being the most easterly foreshore corner of Oyster Farm No 74–24), by the southern shore of that island generally westerly to its most western point, and then by a straight line westerly to the point of commencement,(ii) the whole of that part of Bulmer’s Channel in Wallis Lake within the following boundaries: commencing at the northeastern corner of Oyster Lease No 77–270 at the western end of Godwin Island, and bounded then by a straight line drawn west-northwesterly to the northeastern corner of Oyster Farm No 72–11 on Cockatoo Island, by the southern shore of that island generally westerly to its most western point, by a line southeasterly to the most eastern point of Northern Twin Island, by a line south-southwesterly to the most eastern foreshore corner of Oyster Farm No 76–112, by the southeastern shore of that island generally southwesterly to the most eastern foreshore corner of Oyster Farm No 68–31, by a straight line south-southwesterly to the high water mark of Wallis Island at the westerly prolongation of the northern boundary of Portion 206, Parish of Forster, by the high water mark of that island generally northeasterly and southeasterly to the southeastern foreshore corner of Oyster Farm No 71–360, section 1, and then by a line northeasterly to the point of commencement,(iii) the whole of that part of Stockyard Channel in Wallis Lake within the following boundaries: commencing at the northeastern corner of Oyster Lease No 77–270 at the western end of Godwin Island, and bounded then by a straight line drawn southwesterly to the southeastern foreshore corner of Oyster Farm No 71–360, section 1, on Wallis Island, by the high water mark of that island generally southeasterly and southerly to the easterly prolongation of the southern boundary of Portion 221, Parish of Forster, by a straight line easterly to the most southerly corner of Oyster Farm No 73–253, by a straight line northeasterly to the southeastern foreshore corner of Oyster Farm No 73–216 on the southern end of Hadley Island, by the high water mark of that island generally northwesterly and northeasterly to its northern extremity, by a line northerly to the northeastern foreshore corner of Oyster Farm No 70–245 on the southern shore of Godwin Island, by the high water mark of that island generally westerly, northwesterly, southwesterly and northerly to the northeastern corner of Oyster Farm No 67–203, by a straight line westerly to the most western northeastern foreshore corner of Oyster Lease No 81–43, and again by the high water mark of Godwin Island generally southerly, westerly, northerly, southwesterly and northwesterly to the point of commencement. | | | (b) Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 3 | (a) Waters—Those parts of Camden Haven River included within the following boundaries—(i) the whole of that part of the Camden Haven River known as Queens Lake Entrance within the following boundaries: commencing at the northeastern corner of Oyster Farm No 81–179, and bounded then by a line northerly to the western bank of Queens Lake Entrance, by the western bank generally northwesterly to the western foreshore corner of Oyster Farm No 83–95, by a line southwesterly to the eastern foreshore corner of Oyster Farm No 67–6, by the foreshore generally southwesterly to the eastern foreshore corner of Oyster Farm No 70–198, by a line drawn northeasterly through the most westerly point of an island at the western entrance to Queens Lake Entrance, to the northern bank of Queens Lake Entrance, then easterly and southerly, following the eastern bank of Queens Lake Entrance generally southeasterly to a point east of the northeastern corner of Oyster Farm No 81–179, and then by a line to the point of commencement,(ii) the whole of that part of the Camden Haven River known as Watson Taylor Lake within the following boundaries: commencing at the northern point of Benson Inlet, then north along the eastern shore of Watson Taylor Lake to the northwestern corner of Portion 150, Parish of Camden Haven, County of Macquarie, then westerly to the northeast corner of Portion 70, Parish of Camden Haven, County of Macquarie, then southwest along the shore of Camden Haven Inlet and Moore’s Island to the southwest tip of Moore’s Island, then southwest to the northern corner of Grassy Island to the island’s most southerly point, and then to the point of commencement.(b) Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 4 | (a) Waters—That part of Tuggerah Lakes from its confluence with the South Pacific Ocean upstream to a line drawn from the boat ramp on Marine Parade north to the southernmost corner of the carpark adjacent to the Karagi Point reserve.(b) Description of net—Total length not exceeding 6 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 5 | (a) Waters—That part of Lake Illawarra from its confluence with the South Pacific Ocean upstream to a line drawn from the boat ramp adjacent to Reddall Parade opposite Ocean Street north to the western extremity of the northern breakwater (that is, training wall).(b) Description of net—Total length not exceeding 6 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 6 | (a) Waters—That part of Lake Cathie (Lake Innes) known as Cathie Creek from a line drawn from the southern bank of Cowarra Creek across Cathie Creek to the eastern foreshore upstream to a line drawn across Lake Innes 200 metres north from the confluence of Cathie Creek and Lake Innes (also known as “the Drain”).(b) Description of net—Total length not exceeding 10 metres; maximum distance from a point on the cork line or head line that is in the centre of the bunt to the draw or closing string: 10 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 7 | (a) Waters—That part of Lake Cathie (Lake Innes) known as Lake Innes generally north and west of a line drawn across Lake Innes 200 metres from the confluence of Cathie Creek and Lake Innes.(b) Description of net—Total length not exceeding 70 metres; length of each wing not exceeding 30 metres; wings of net to be set at such an angle that the distance between the ends of the net (that is, end hangings) measured in a straight line does not exceed 50 metres; maximum distance from a point on the cork line or head line that is in the centre of the bunt to the draw or closing string: 10 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 8 | (a) Waters—That part of the Clarence River known as the whole of the main arm of the Clarence River seawards of the Ulmarra Ferry Crossing.(b) Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 9 | (a) Waters—That part of Tuggerah Lakes known as the inlet cooling water canal to Munmorah Power Station (Tuggerah Lakes).(b) Description of net—Total length not exceeding 20 metres nor less than 18 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend. | | 10 | (a) Waters—Smiths Lake.(b) Description of net—Total length not exceeding 63 metres; maximum distance from a point on cork line or head line that is in the centre of the bunt to the draw or closing string: 9 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend; wings of net to be set at such an angle that the distance between the ends of the net (that is, end hangings) measured in a straight line does not exceed 45 metres. |
25 Prawn running net
(1) It is lawful for the holder of a prawning endorsement to use a running net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) if the net is not staked, the net is used only by the method of casting or shooting the net and picking up and landing the whole of the net into a boat in the manner known as “running the net” within 1 hour of the commencement of the casting or shooting,
(b) for a net that is being used for taking prawns in the waters of Lake Illawarra—the net must not be operated by, or with the assistance of, another commercial fisher who is also operating, or assisting in the operation of, another prawn running net,
(c) in the case of a staked net—
(i) the net is not set earlier than 1 hour before sunset, and
(ii) (Repealed)
(iii) no stakes are left in the water in the period between sunrise and 1 hour before sunset.
(2) It is also lawful to use a running net to take other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn running net.
Table Prawn running net
| 1 | (a) Waters—Wallaga Lake, Cuttagee Lake, Middle Lake (Bega), Lake Wollumboola, Swan Lake, Coila Lake, Corunna Lake, Tilba Tilba Lake and Lake Brou.(b) Description of net—Total length not exceeding 75 metres; mesh throughout not less than 25 mm nor more than 36 mm. | | 2 | (a) Waters—Tuggerah Lakes and Lake Illawarra.(b) Description of net—Total length not exceeding 140 metres; mesh throughout not less than 25 mm nor more than 36 mm. |
26 Seine net (prawns)
(1) It is lawful for the holder of a prawning endorsement to use a seine net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is cast or shot in the following manner—
(i) a hauling line (to the end of which is attached a float or basket with a marker buoy affixed) is cast or shot from a boat,
(ii) that hauling line, the net and a second hauling line is then cast or shot from the boat as it moves in a circular direction resulting in the boat returning to the marker buoy,
(b) the net is hauled back on to a boat in such a way that both hauling lines are hauled to the same spot on the boat so as to avoid any trawling action,
(c) the hauling in of the net, once commenced, is to continue uninterrupted until all portions of the net, including the hauling lines, have been removed from the water,
(d) there is no prawn net (hauling) on the boat from which the net is used,
(e) there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).
(2) A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—
(a) method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.
(4) It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a seine net (prawns) if the try net complies with the following description—
The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.
(5) For the purposes of this Plan or any other instrument under the Act, a net described—
(a) in subclause (1) or in the Table to this clause may be referred to as a seine net (prawns), and
(b) in subclause (4) may be referred to as a try net (prawns).
Table Seine net (prawns)
| 1 | (a) Waters—Lake Illawarra.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 220 metres. | | 2 | (a) Waters—Tuggerah Lakes.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres. | | 3 | (a) Waters—Those parts of Camden Haven River known as Queens Lake and Watson Taylor Lake.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres. | | 4 | (a) Waters—That part of Wallis Lake covering an area south and east of the following boundaries: commencing at the southeastern corner of Portion 71, Parish of Forster, then by a line southwesterly to the most southeastern point of Wallis Island, then along the western foreshore of Wallis Island to a point directly east of the most easterly point of Regatta Island, then west to that point (Fisheries Division BM 18), then by the eastern foreshore of Regatta Island to the most northeasterly point of that island, then north to the most easterly point of Bandicoot Island (Fisheries Division BM 23), then west along Bandicoot Island to the most northwestern point on that island, then north by a line drawn to the northern bank of Wallis Lake (Fisheries Division BM 24), then west along the northern bank of Wallis Lake to the entrance of the Coolongolook River, then west along the northern foreshore of the Coolongolook River to a point marked by a white post due north of the eastern extremity of Junction Point, then due south from that post to the eastern extremity of Junction Point, then extending across the Wallingat River on a bearing of 175 degrees to the northern foreshore corner of the jetty situated on the northwestern foreshore of Portion 66, Parish of Wallingat (and excluding all other waters of the Wallingat River).(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres. | | 5 | (a) Waters—That part of Smiths Lake west of a line drawn from Bull Island to the westernmost point of Sandbar Beach Caravan Park and continued to the entrance of the Lagoon in Symes Bay.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres. | | 6 | (a) Waters—The whole of the Macleay River extending from the Jerseyville Bridge upstream to the Kempsey Railway Bridge.(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres. |
27 Seine net (prawns): clover leafing
(1) It is lawful for the holder of a prawning endorsement to use a seine net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table, the net is used in the manner described in subclause (4) and the following conditions are complied with—
(a) (Repealed)
(b) the net is used only between sunset and sunrise,
(c) there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).
(2) A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—
(a) method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,
(b) method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,
(c) method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.
(3) A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.
(4) The net must be used in the following manner—
(a) a hauling line is cast or shot from a boat,
(b) that hauling line, the net and a second hauling line are then cast or shot from the boat as it moves in a circular direction resulting in the boat returning to the marker buoy,
(c) both hauling lines are attached to the boat at one point (so as to avoid any trawling action) and the boat is then moved only so far as to bring the end of both wings together,
(d) one hauling line is cast from the boat while the other hauling line remains attached to the boat and the net is re-spread,
(e) the attached hauling line is cast from the boat and the boat then returns to the first hauling line where it is re-attached to the boat,
(f) the boat returns to the second hauling line that is then attached to the boat so that both hauling lines are attached,
(g) the steps outlined in paragraphs (c)–(f) may then be repeated on a continuous basis,
(h) when use of the net is completed, or is interrupted—
(i) the net must be hauled back on to the boat in such a way that both hauling lines are hauled to the same spot on the boat so as to avoid any trawling action, and
(ii) all portions of the net, including the hauling lines, must be removed from the water.
(5) It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a seine net (prawns) if the try net complies with the following description—
The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.
(6) For the purposes of this Plan or any other instrument under the Act, a net described—
(a) in subclause (1) or in the Table to this clause may be referred to as a seine net (prawns) or a seine net (prawns)—clover leafing, and
(b) in subclause (5) may be referred to as a try net (prawns).
Table Seine net (prawns): clover leafing
| 1 | (a) Waters—Those parts of Wallis Lake north of a line drawn from the eastern extremity of Brushy Point to the western extremity of Booti Booti Point, and south of a line drawn from the southern bank of the entrance to Freshwater Creek located on the western shore of Wallis Lake (near 32°16.838′S 152°27.361′E) north east to the south eastern extremity of Yahoo Island (near 32°14.857′S 152°30.122′E), then along the mean high water mark on the eastern shore of Yahoo Island to the north eastern extremity of Yahoo Island (near 32°14.392′S 152°30.067′E), then north east to the southern bank of the entrance to Dunns Creek located on the eastern shore of Wallis Lake near Piper’s Bay (near 32°13.532′S 152°31.915′E).(b) Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres; float with a single white light attached to the end of each hauling line. |
28 Meshing net
(1) It is lawful for the holder of a meshing endorsement to use a meshing net for taking permitted species of fish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the conditions set out in this clause are complied with.
(2) The net must be used—
(a) by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation) at any time, or
(b) as a set net, but only—
(i) from 1 February to 30 November in any year, and
(ii) between sunset and sunrise, and
(iii) for no more than 3 hours at a time.
(3) The 3 hour time limit referred to in subclause (2) (b) (iii) (the 3-hour limit) does not apply—
(a) from 1 June to 31 August in any year in the waters of regions 1, 2 and 3, and
(b) from 1 June to 30 September in any year in the waters of regions 4, 5, 6 and 7.
(4) If used as a set net, the net must not be set until on or after sunset and it must be retrieved, or be in the process of being retrieved, by the relevant deadline. If more than one net has been set by an endorsement holder, all nets must have been retrieved by the relevant deadline. Alternatively, all nets, but one, must have been retrieved by the relevant deadline and the last one must be in the process of being retrieved.
(5) For the purpose of subclause (4), the relevant deadline is sunrise or, if the 3-hour limit applies, the end of the 3-hour limit (whichever occurs first).
(6) During any period in which the 3-hour limit does not apply, no more than 3 meshing nets may be set by the endorsement holder at any one time in excess of 3 hours and the combined total length of all nets set in excess of 3 hours must not exceed the maximum total length for an individual net, as set out in the Table to this clause.
(7) If the net is set by an endorsement holder in excess of 3 hours and in combination with, or in the same waters as, a flathead net being used by the endorsement holder, the combined total length of the nets must not exceed 1,450 metres.
(8) Both ends of a set net must be marked on the surface of the water by a white buoy that—
(a) is moored so as to be positioned above the end of the net, and
(b) measures not less than 100 mm in all dimensions, and
(c) has a height above the water of not less than 50 mm, and
(d) is moored in such a way that no rope is floating on the surface of the water, and
(e) displays the relevant fishing business number followed by the letter “M”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(9) If the net is used in any part of the Clarence River an alternative method of splashing (that is, shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot) may be used instead of the method described in subclause (2) (a). To avoid doubt, subclauses (2) (b) and (3)–(8) do not apply when the net is being used by that alternative method of splashing.
(10) The nets may be joined (despite Part 5B of the Supporting Plan) when used in the Clarence River, but only if no more than 2 nets are joined and the combined length of the nets when joined does not exceed the maximum total length specified in the Table to this clause.
(11) If lawfully joined, meshing nets used in the Clarence River must be operated from no fewer than 2 boats, by no fewer than 2 commercial fishers who hold meshing endorsements for the region concerned, and only by the methods of splashing permitted by this clause.
(12) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a meshing net.
Table Meshing net
| 1 | (a) Waters—Those parts of the Clarence River known as Lake Wooloweyah and the Broadwater.(b) Description of net—Total length not exceeding 1,450 metres; mesh throughout not less than 95 mm when the net is used as a set net in excess of 3 hours and 80 mm in any other case. | | 2 | (a) Waters—All other waters specified in the Table to clause 4.(b) Description of net—Total length not exceeding 1,450 metres when two nets are joined and 725 metres in any other case; mesh throughout not less than 95 mm when the net is used as a set net in excess of 3 hours and 80 mm in any other case. |
29 Flathead net
(1) It is lawful for the holder of a meshing endorsement to use a flathead net for taking permitted species of fish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) in the case of a net being used in Lake Illawarra—the net is used only to take flathead and blue swimmer crab,
(b) in the case of a net being used in Tuggerah Lakes, Wallis Lake or Smiths Lake—the net is not used to take sand whiting or bream,
(c) the net is used only by the method of meshing,
(d) the net is not used in Lake Illawarra for any period from 1 September in any year to 31 May in the following year or for a period exceeding 6 hours between sunrise and sunset from 1 June to 31 August in any year,
(e) the net is not used in Tuggerah Lakes, Wallis Lake or Smiths Lake for any period from 1 December in any year to 28 February in the following year or between sunrise and sunset during any other period,
(f) the net is not used in such a manner as causes—
(i) the lead line to be raised from the bed of the estuary, or
(ii) (Repealed)
(iii) the corks, floats, cork line or float line not to be completely submerged,
(g) if the net is set after sunset—
(i) it must be retrieved, or be in the process of being retrieved, by sunrise, and
(ii) if more than one net has been set by an endorsement holder, all nets must have been retrieved by sunrise or all nets, but one, must have been retrieved by sunrise and the last one must be in the process of being retrieved,
(h) if the net is used after sunset by an endorsement holder in combination with, or in the same waters as, a meshing net being used as a set net by the person in excess of 3 hours, the combined total length of the nets must not exceed 1,450 metres,
(i) both ends of a set net must be marked on the surface of the water by a white buoy that—
(i) is moored so as to be positioned above the end of the net, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “F”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,
(j) no more than 2 nets may be used by an endorsement holder at any one time and, if more than one net is used at any one time, the combined total length of the nets must not exceed twice the total length permitted for one net when used in those waters (as set out in the Table to this clause).
(2) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a flathead net.
Table Flathead net
| 1 | (a) Waters—Tuggerah Lakes, Lake Illawarra, and those parts of Wallis Lake included within the following boundaries: the whole of the waters of that part of Wallis Lake south of lines drawn from Fisheries Division Mark 21 to the westernmost southwestern foreshore corner of Oyster Farm No 56.144, from the foreshore or western end of the airport wharf on the northeastern corner of Wallis Island to Fisheries Division Mark 4 and from Fisheries Division Mark 4 to the eastern entrance to Tony’s Creek on Hadley Island.(b) Description of net—Total length not exceeding 725 metres; depth of net not exceeding 16 meshes; mesh throughout not less than 80 mm. | | 2 | (a) Waters—Smiths Lake.(b) Description of net—Total length not exceeding 375 metres; depth of net not exceeding 16 meshes; mesh throughout not less than 80 mm. |
30 Bait net
(1) It is lawful for the holder of a category one hauling endorsement or a category two hauling endorsement to use a bait net for taking any permitted species of fish (other than prawns or any prohibited size class of fish) in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the net is used only between sunrise and sunset on any day.
(2) (Repealed)
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a bait net.
Table Bait net
| 1 | (a) Waters—That part of the Macleay River within a line drawn from its confluence with the South Pacific Ocean upwards to the Jerseyville Road Bridge, excluding Spencer’s Creek and Delaney’s Creek.(b) Description of net—Total length of net not exceeding 25 metres; mesh throughout not less than 10 mm nor more than 25 mm; length of each hauling line not exceeding 20 metres. |
31 Pilchard, anchovy and bait net (hauling)
(1) It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking Australian sardines, Australian anchovies and whitebait spp. in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only by the method of hauling,
(b) the net is not used on weekends or public holidays.
(2) It is also lawful to use a net to take other permitted species of fish, other than a prohibited size class of fish, taken by the net when it is being lawfully used to take Australian sardines, Australian anchovies or whitebait spp.
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a pilchard, anchovy and bait net (hauling) or a pilchard, anchovy and bait net (hauling)—estuary general fishery.
(4) In this clause—
public holiday means a day that is observed as a public holiday throughout New South Wales.
weekend means the period between midnight on a Friday and midnight on the immediately following Sunday.
Table Pilchard, anchovy and bait net (hauling)
| 1 | (a) Waters—That part of the Hawkesbury River from its confluence with the South Pacific Ocean upstream to a line drawn from Little Box Head to Green Point and a line drawn between Juno Point and Challenger Head.(b) Description of net—Total length (excluding hauling lines) not exceeding 200 metres; total length of hauling lines not exceeding 250 metres; no rings or other devices attached to net (including on lead line) that facilitate the pursing of the net, mesh throughout not less than 11 mm. |
31A (Repealed)
31B Hand-hauled prawn net
(1) It is lawful for the holder of a prawning endorsement to use a hand-hauled net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is not staked or set, or joined or placed together with any other net,
(b) the net is continuously and manually propelled and not used as a stationary net,
(c) the net may be attached to up to 2 hauling lines that are not more than 2 metres in length each.
(2) It is also lawful to use a hand-hauled net to take other fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled prawn net or a hand-hauled prawn net—estuary general fishery.
Table Hand-hauled prawn net
| 1 | (a) Waters—All waters specified in the Table to clause 4.(b) Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm. |
31C Push or scissors net (prawns)
(1) It is lawful for the holder of a prawning endorsement to use a push or scissors net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with—
(a) the net is used only as a hand implement and is not staked or set, or joined or placed together with any other net,
(b) the net is continuously propelled and not used as a stationary net.
(c), (d) (Repealed)
(2) It is also lawful to use a push or scissors net to take other fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a push or scissors net (prawns) or a push or scissors net (prawns)—estuary general fishery.
Table Push or scissors net (prawns)
| 1 | (a) Waters—All waters specified in the Table to clause 4.(b) Description of net—Net attached to a scissors-type frame; length of lead or bottom line between the lower extremities of the poles not exceeding 2.75 metres; mesh not less than 30 mm nor more than 36 mm. |
31D Dip or scoop net (prawns)
(1) It is lawful for the holder of a prawning endorsement to use a dip or scoop net for taking prawns or any other fish in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the net is used as a hand implement only and not staked or set, or joined or placed together with any other net.
(2) (Repealed)
(3) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a dip or scoop net (prawns) or a dip or scoop net (prawns)—estuary general fishery.
Table Dip or scoop net (prawns)
| 1 | (a) Waters—All waters specified in the Table to clause 4.(b) Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, with a handle of not more than 1.2 metres in length, with a total length from the centre of the plane of the frame, hoop or ring to the extremity of the net not exceeding 1.25 metres; mesh not less than 20 mm. |
31E Crab trap
(1) It is lawful for the holder of a mud crab trapping endorsement to use a trap for taking crabs in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the following conditions are complied with—
(a) the crab trap is not set or used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above the trap, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “C”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,
(b) the crab trap is not set or used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 3 metres apart,
(c) the crab trap is not made of entanglement material.
(d), (e) (Repealed)
(2) It is also lawful to use a crab trap for taking any other permitted species of fish that are taken by the trap when it is being lawfully used for taking mud crabs.
(3) For the purposes of this Plan or any other instrument under the Act, a trap described in this clause may be referred to as a crab trap or a commercial crab trap.
Table Crab trap
| 1 | (a) Waters—All waters specified in the Table to clause 4.(b) Description of trap—Not exceeding 1.2 metres in length, 1 metre in width and 0.5 metre in depth (or has a diameter not exceeding 1.6 metres at the top or bottom); consisting of mesh not less than 50 mm; having not more than 4 entrance funnels none of which are on the top of the trap (excluding any access doors for removing crabs from the trap or baiting the trap). |
31F Eel trap
(1) It is lawful for the holder of an eel trapping endorsement to use an eel trap for taking eels in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the eel trap is not set or used unless its position is indicated by a buoy that—
(a) is moored so as to be positioned above the trap, and
(b) measures not less than 100 mm in all dimensions, and
(c) has a height above the water of not less than 50 mm, and
(d) is moored in such a way that no rope is floating on the surface of the water, and
(e) displays the relevant fishing business number followed by the letter “E”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(2) It is also lawful for the trap (or each trap if more than one trap is used) to be fitted with a bycatch reduction device of a kind approved by the Secretary for use in the waters in which the trap is used, if that device is fitted in accordance with any specifications approved by the Secretary and published in the Gazette.
(3) For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as an eel trap or an eel trap—estuary general fishery.
Table Eel trap
| 1 | (a) Waters—All waters specified in the Table to clause 4.(b) Description of trap—(i) total length not exceeding 4 metres; rigid trap or trap frame not exceeding 2 metres in length, 0.5 metre in width and 0.5 metre in depth; optional fibre based netting codend no less than 1 metre in length; mesh not less than 15 mm diagonal nor more than 50 mm diagonal; a maximum of 2 entrance funnels, each fitted with a fixed rigid ring with an internal diameter not exceeding 100 mm, or(ii) total length not exceeding 2 metres, rigid trap or trap frame not exceeding 1 metre in length, 1 metre in width and 0.5 metre in depth; optional fibre based netting codend no less than 0.5 metre in length but no greater than 1 metre in length; mesh not less than 15 mm diagonal nor more than 50 mm diagonal; a maximum of two entrance funnels, each fitted with a fixed rigid ring with an internal diameter not exceeding 100 mm. |
32 Fish trap
(1) It is lawful for the holder of a trapping endorsement to use a trap for taking fish (other than rock lobsters and eels) in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) the fish trap is not used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above the trap, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “F”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,
(b) the trap is not used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 5 metres apart,
(c) the trap is not used unless it is secured or weighted so that the trap rests on the bed of the estuary.
(d) (Repealed)
(2) For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as a fish trap or a fish trap (estuary general fishery).
(3) (Repealed)
Table Fish trap
| 1 | (a) Waters—All waters specified in the Table to clause 4.(b) Description of trap—Not exceeding 2 metres in length, 1.5 metres in width and 1 metre in depth; consisting of mesh that measures not less than 50 mm from one plain wire to the opposite plain wire; an entrance funnel or funnels other than in the top; at least 1 panel in a side or the top of not less than 30 cm long and 30 cm wide consisting of galvanised wire. |
33 Use of set lines
(1) The holder of a handline endorsement must not for the purpose of taking fish in the fishery—
(a) use more than 10 set lines, or
(b) use more than 60 hooks in total on the holder’s set lines.
Note—
Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
(1A) An endorsement holder must not, for the purpose of taking fish in the fishery, use a set line unless its position is identified by a buoy that—
(a) is moored so as to be positioned above the set line, and
(b) measures not less than 100 mm in all dimensions, and
(c) has a height above the water of not less than 50 mm, and
(d) is moored in such a way that no rope is floating on the surface of the water, and
(e) displays the relevant fishing business number followed by the letter “S”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(2) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
34 Use of drift lines
(1) The holder of a handline endorsement must not, for the purpose of taking fish in the fishery, use a drift line to which is attached—
(a) more than 1 hook unless each hook is part of a gang of hooks, or
(b) more than 1 gang of hooks, or
(c) a gang of hooks that comprises more than 5 hooks, or
(d) another drift line.
(2) The holder of a handline endorsement must not, for the purpose of taking fish in the fishery, use more than 30 drift lines at any one time.
(2A) An endorsement holder must not, for the purpose of taking fish in the fishery, use a drift line unless its position is indicated by a buoy, float or similar device attached to the line that—
(a) measures not less than 100 mm in all dimensions, and
(b) has a height above the water of not less than 50 mm, and
(c) displays the relevant fishing business number followed by the letter “D”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
(4) In this clause—
gang of hooks means a group of hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.
Note—
Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.
35 Use of fish spikes and other implements
(1) An endorsement holder must not, while on board a boat being used to take fish in the fishery, use a knife, fish spike, club or similar implement to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch.
(2) Subclause (1) does not apply to the use of a knife to kill or process any fish taken in the catch that are to be retained.
(3) An endorsement holder must not, while on board a boat being used to take fish in the fishery, be in possession of a fish spike, club or similar implement that could be used to pierce, impale, beat or otherwise injure any fish or other organism.
(4) Subclause (3) does not apply to the possession of a knife.
(5) It is a defence to a prosecution of an offence constituted by contravening subclause (3) if the person charged proves that the implement concerned was in his or her possession for a purpose that is not unlawful.
(6) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
Division 2
35A–35C (Repealed)
Part 7A Rights of priority
Note—
This Part sets out the rights of priority between endorsement holders in the estuary general fishery. Rights of priority between commercial fishers and recreational fishers on recognised fishing grounds are set out in the Fisheries Management (General) Regulation 2019. Rights of priority between endorsement holders in the estuary general fishery and endorsement holders in other fisheries on recognised fishing grounds are set out in the Fisheries Management (Supporting Plan) Regulation 2006.
35D Fishing contrary to rights of priority
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take fish in the fishery contrary to the rights of priority provided for by this Part after being directed not to do so—
(a) by a fisheries officer, or
(b) by another endorsement holder (who is using or intending to use a net or other fishing gear in accordance with this Part).
35E Endorsement holders must use fishing gear in accordance with this Part
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.
35F Priority between endorsement holders using certain nets
(1) The rights of priority between endorsement holders taking or intending to take fish by use of a relevant net from any estuarine waters are determined as follows—
(a) the first turn belongs to the crew that first arrives at the waters concerned with a boat and a relevant net laid ready for use, but only if there is at least one crew member in attendance ready to shoot the net and the other crew members are in the immediate vicinity,
(b) the next turn belongs to the crew that next arrives with such a boat and net, and so on,
(c) a turn concludes when a crew has shot its net, but in no case extends over a longer period than 24 hours as against any other crew ready and waiting to use a relevant net,
(d) during its turn a crew has exclusive rights to so much of the estuarine waters as equals in length, measured along the foreshore from the point where the boat belonging to that crew is or was positioned or lying, the total length of the net in use or intended to be used, in the direction in which the net is shot or laid ready for shooting,
(e) a crew is not entitled to a second turn until all other crews in the area have had their first turn,
(f) the crew of a boat waiting for a turn automatically forfeits its turn if any member of that crew acts as a member of the crew of a boat using a relevant net,
(g) 2 or more turns may be taken simultaneously if the waters being fished admit of double-banking, provided that no net is shot around an inner net within 7.5 metres of the cork line of that inner net without the consent of the crew operating that inner net.
(2), (3) (Repealed)
(4) This clause applies whether or not the waters concerned are a recognised fishing ground (within the meaning of the Fisheries Management (General) Regulation 2019).
(5) This clause does not apply to the use of a net in accordance with a right of priority determined under Division 3 of this Part.
(6) In this clause—
relevant net means a hauling net (general purpose), a trumpeter whiting net (hauling), a garfish net (bullringing), a garfish net (hauling), a pilchard, anchovy and bait net (hauling), a prawn net (hauling), a prawn running net or a seine net (prawns).
Division 3 Rights of priority for prawn nets (set pocket) and prawn running nets
35G Preliminary
(1) This Division applies to—
(a) the use of prawn nets (set pocket) in the Myall River, the Clarence River and any other waters in which they may lawfully be used, and
(b) the use of prawn running nets in the following waters—
(i) Coila Lake,
(ii) Lake Brou,
(iii) Corunna Lake,
(iv) Tilba Tilba Lake,
(v) Cuttagee Lake,
(vi) Middle Lake (Bega),
(vii) Wallaga Lake.
(2) In this Division—
net site means a position in waters to which this Division applies at which a prawn net (set pocket) or prawn running net may be used.
preliminary determination—see clause 35H.
priority determination and priority determination ballot—see clause 35I.
35H Preliminary determinations by fisheries officers
(1) A fisheries officer may determine from time to time—
(a) the number of prawn nets (set pocket) or prawn running nets that may be used in the waters that the fisheries officer supervises, and
(b) the net sites, and
(c) the setting times for the prawn nets (set pocket).
(2) A determination under this clause (a preliminary determination) has effect for the period specified in the determination.
(3) The fisheries officer must notify endorsement holders of a preliminary determination made under this clause in the manner required by guidelines issued by the Secretary under this Division.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
This Regulation is the Fisheries Management (Estuary General Share Management Plan) Regulation 2006.
2 Commencement
This Regulation commences on 5 February 2007.
3 Estuary General Share Management Plan
The Estuary General Share Management Plan set out in the Appendix to this Regulation has effect.
Appendix
(Clause 3)
Appendix: Am 2007 (24), Sch 2.2; 2008 (232), Sch 2.1; 2008 (521), Sch 2.2 [1]–[4]; 2008 (522), Sch 2 [1]–[17]; 2009 (522), Sch 2.1 [1]–[15]; 2009 No 106, Sch 2.14; 2010 (114), Sch 1 [1]–[12]; 2010 No 59, Sch 2.34; 2011 (148), Sch 2 [1]–[12]; 2014 (356), Sch 2 [1]–[4]; 2014 (399), Sch 1.3; 2016 (403), Sch 1.3; 2017 (309), Sch 1 [1]–[5]; 2017 (308), Sch 1.3; 2017 (566), Sch 5 [1]–[3]; 2017 (615), Sch 1 [1]–[56]; 2018 (184), Sch 2 [1]–[6]; 2018 No 25, Sch 5.17; 2018 (322), Sch 1.3; 2018 (323), Sch 5 [1]–[5]; 2018 (539), Sch 1 [1]–[21]; 2021 (482), Sch 4[1]–[3]; 2022 (688), Sch 1[1] [2]; 2022 (13), Sch 3[1]–[8]; 2023 (69), Sch 1[1]–[20].
Part 1 Preliminary
1 Name of Plan
This is the Estuary General Share Management Plan.
2 Definitions
(1) In this Plan—
body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly, and any extension piece that may be inserted immediately forward of the codend.
certificate of survey for a boat means—
(a) a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998, or
(b) if a certificate of survey has not been issued for the boat—a document that—
(i) is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and
(ii) specifies the measured length of the boat determined in accordance with the National Standard for Commercial Vessels.
codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.
drift line means a line which is attached to a float, buoy or similar device, not being a float, buoy or device which is—
(a) held in the hand or attached to fishing gear held in the hand, or
(b) secured in any other manner which prevents it from drifting or floating freely.
endorsement means an endorsement on a commercial fishing licence that authorises the taking of fish in the fishery.
endorsement holder means a person who holds a commercial fishing licence that has an endorsement.
estuarine waters has the meaning given by Schedule 1 to the Act.
estuary general fishing business means a fishing business the components of which include shares in the fishery.
exempt boat means a boat exempt from the maximum boat length under clause 13A or 14.
fishery means the estuary general fishery (as described in Schedule 1 to the Act).
hand picking, of fish, means any method of taking fish by hand (whether or not while wearing a glove) including taking fish by hand while diving or while using any of the following instruments—
(a) a single blade knife with a blade longer than it is wide,
(b) a pump or similar device having a barrel or cylinder with a diameter of not more than 85 millimetres,
(c) a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 millimetres and a diameter of not more than 85 millimetres,
(d) a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis),
(e) pliers.
holding pen means any enclosure used to store or hold live fish in estuarine waters, but does not include a trap or net used in compliance with this Plan.
identifying number of a boat means the identifier issued by the Secretary for the boat under the Fisheries Management (General) Regulation 2019, clause 125(3)(a), before its repeal.
maximum boat length—see clause 13.
National Standard for Commercial Vessels means the National Standard for Commercial Vessels within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
permitted species of fish has the meaning given by clause 16.
prohibited size class of fish means any species of fish referred to in the Fisheries Management (General) Regulation 2019, clause 6.
quota share—see clause 6A.
relevant fishing boat licence—see clause 13A(1).
relevant fishing business, in relation to an endorsement holder, means the fishing business a component of which is the holder’s endorsement.
relevant fishing business number, in relation to the identification of any fishing gear or holding pen, means the number of the fishing business a component of which is the endorsement held by the person who set the net, trap, line or holding pen concerned.
set line means any line not held in the hand, or not attached to fishing gear held in the hand, which is used or intended to be used for the purpose of taking fish, but does not include a drift line.
Supporting Plan means the Fisheries Management Supporting Plan as set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.
the Act means the Fisheries Management Act 1994.
unique vessel identifier for a boat means the vessel identifier issued for the boat by the Australian Maritime Safety Authority under the National Standard for Commercial Vessels.
use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited).
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
(2) In this Plan, a reference to a region of the fishery is a reference to a region described in clause 4.
(3) In this Plan, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
(4) Notes in this Plan do not form part of the Plan.
Part 2 Objectives of Plan
3 Objectives, performance indicators and triggers for review
(1) The objectives of this Plan are set out in Column 1 of the Table to this clause.
(2) For the purposes of section 57 (2) (a) of the Act, the performance indicator in relation to each objective of this Plan is set out in Column 2 of the Table to this clause next to the objective concerned.
(3) For the purposes of section 57 (2) (b) of the Act, a review of this Plan is required in the circumstances provided for in Column 3 of the Table to this clause next to the objective and performance indicator concerned.
(4) In the Table—
key secondary species means a permitted species of fish that is designated as a key secondary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).
primary species means a permitted species of fish that is designated as a primary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).
secondary species means a permitted species of fish that is designated as a secondary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).
Table
| | Column 1 | Column 2 | Column 3 | | | Objective | Performance indicator | Trigger for review | | 1 | Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to managing the impacts of the fishery on the environment and to ensuring ecologically sustainable development | Reduction in the estimated quantity of the estuary general catch (by method) which is discarded | The Secretary is satisfied that the estimated quantity of discards for any observed method increases between consecutive observer surveys | | No new primary species or key secondary species with an exploitation status is classified as “overfished” or “recruitment overfished” by the Department | On the basis of resource assessment frameworks approved by the Director- General, the exploitation status of a primary species or key secondary species is changed to “overfished” or “recruitment overfished” by the Department | | Total annual landings of all secondary species taken in the fishery as a percentage of the total annual landings in the fishery remains at 15% or less | The Secretary is satisfied that the contribution of secondary species to total annual landings exceeds 15% in any 2 consecutive years | | No interactions between the fishery and any threatened species, population or ecological community that are likely to threaten the survival of a species, population or ecological community | Any interaction between the fishery and any threatened species, population or ecological community reported by endorsement holders in the fishery or observed during an observer survey that is likely to threaten the survival of a threatened species, population or ecological community, as determined by the Secretary on advice from relevant experts | | No interactions between the fishery and protected fish that are likely to threaten the survival of protected fish | On a biennial review undertaken by the Department of interactions between the fishery and protected fish reported by endorsement holders in the fishery or observed during an observer survey, the Secretary, on advice from relevant experts, determines that the level of these reported interactions is likely to threaten the survival of the protected fish | | 2 | Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to promoting viable commercial fishing | There are net returns to the fishery | The Secretary is satisfied that the gross value of production of the fishery has not exceeded the sum of indicative industry operational costs and government management costs relevant to the fishery for 3 consecutive years |
Part 3 Description of fishery
Note—
The fishery is described in Schedule 1 to the Act as consisting of—
(a) the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and
(b) the taking of fish from ocean beaches by the method of hand picking.
Estuarine waters do not include the waters of Port Jackson.
4 Regions of fishery
(1) For the purposes of this Plan, the fishery is divided into 7 regions, as specified in Column 1 of the Table to this clause.
(2) A description of each region, and the estuarine waters within the region, is set out in Columns 2 and 3 of the Table to this clause next to the name of the region concerned.
(3) A reference to an estuary in the Table includes a reference to all creeks, rivers, lakes, lagoons and tributaries flowing into or from that estuary.
Table Regions and estuarine waters
| Column 1 | Column 2 | Column 3 | | Region | Description of region | Estuarine waters within region | | Upper North Coast—Region 1 | That part of the State lying generally between the border between the States of Queensland and New South Wales and the parallel 29°15′ south latitude | Tweed RiverCudgen LakeCudgera CreekMooball CreekBrunswick RiverRichmond RiverEvans RiverJerusalem Creek | | Clarence—Region 2 | That part of the State lying generally between the parallel 29°15′ south latitude and the parallel 29°45′ south latitude | Clarence RiverSandon River | | North Coast—Region 3 | That part of the State lying generally between the parallel 29°45′ south latitude and the parallel 31°44′ south latitude | Wooli Wooli RiverStation CreekCorindi RiverArrawarra CreekDarkum CreekWoolgoolga LakeHearns LakeMoonee CreekCoffs Harbour CreekBoambee CreekBonville CreekDalhousie CreekOyster CreekNambucca RiverMacleay RiverSouth West Rocks CreekSaltwater CreekKorogoro CreekKillick CreekLake Cathie (Lake Innes)Camden Haven River | | Central—Region 4 | That part of the State lying generally between the parallel 31°44′ south latitude and the parallel 33°25′ south latitude | Manning RiverKhappinghat CreekWallis LakeSmiths LakeMyall Lakes (Myall River)Port Stephens (Karuah River)Hunter RiverTuggerah Lakes | | Metropolitan—Region 5 | That part of the State lying generally between the parallel 33°25′ south latitude and the parallel 34°20′ south latitude | Hawkesbury RiverPort Hacking | | Upper South Coast—Region 6 | That part of the State lying generally between the parallel 34°20′ south latitude and the parallel 35°25′ south latitude | Towradgi CreekLake IllawarraMinnamurra RiverSpring CreekWerri LagoonCrooked RiverShoalhaven RiverLake WollumboolaJervis BaySwan LakeBerrara CreekNerrindillah Creek | | Lower South Coast—Region 7 | That part of the State lying generally between the parallel 35°25′ south latitude and the border between the States of New South Wales and Victoria | Termeil LakeWillinga LakeDurras LakeClyde River (Batemans Bay)Moruya RiverCongo CreekCoila LakeLake BrouWagonga InletCorunna LakeTilba Tilba LakeWallaga LakeBarragoot LakeCuttagee LakeMurrah LakeBunga LagoonWapengo LakeMiddle Lake (Bega)Wallagoot LakeBournda LagoonMerimbula LakePambula LakeCuralo Lake |
Note—
Fishing in the above waters is subject to other restrictions imposed by this Plan, the Supporting Plan or by other regulations under the Act (and, in particular, the fishing closures set out in Schedule 1).
5 Classes of share
The following classes of shares are available in the fishery—
(a) Estuary general—handline shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(b) Estuary general—meshing shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(c) Estuary general—prawning shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(d) Estuary general—trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(e) Estuary general—eel trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(f) Estuary general—mud crab trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(g) Estuary general—hand gathering shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(h) Estuary general—category one hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(i) Estuary general—category two hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(j) Estuary general—mud crab quota shares,
(k) Estuary general—blue swimmer crab quota shares,
(l) Estuary general—eel quota shares,
(m) Estuary general—pipi quota shares,
(n) Estuary general—beachworm quota shares,
(o) Estuary general—cockle quota shares,
(p) Estuary general—ghost nipper quota shares.
Note—
The classes of shares referred to in paragraphs (a)–(i) correspond to the types of endorsements available in th
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