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New South Wales regulation
What this Regulation does (mechanically)
Sets detailed rules that implement and expand the Fisheries Management Act 1994 for New South Wales. It specifies definitions, who may fish commercially, what fishing gear and methods are lawful, size and daily/possession limits, protected species and protected waters, licence and endorsement rules, reporting and record-keeping requirements, fees and penalties, and administrative procedures. (See Parts 1–16 and Schedules 1–8.)
Prescribes classes of commercial and charter licences and endorsements (including restricted fisheries such as sea urchin/turban shell, southern fish trawl and inland fisheries), the eligibility and transfer rules for those endorsements and shares, and the procedure for nominations of nominated fishers (Divisions in Parts 7–10). (See clauses 126–176; 167–176; Part 10.)
Regulates fishing gear and methods in fine detail (what nets, traps and lines may be used where, mesh sizes, labelling and buoy/tagging, prohibited methods such as explosives, electrical devices and scuba while taking fish). It also creates priority rules between fishers on recognised fishing grounds (Part 3 and Part 4). (See Parts 3–4; clauses 21–61.)
Sets biological conservation controls: prohibited minimum and maximum sizes for many species, bag and possession limits (Schedule 1 and clauses 6–11), lists protected species and species/waters exempt from commercial or recreational take (clauses 14–19; Schedules 2–3), and prescribes criteria for threatened species/population/ecological community listings to guide the Fisheries Scientific Committee (Part 14, clauses 236–244).
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Direct links to the current provisions in Fisheries Management (General) Regulation 2019.
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
View on official registerSourced from legislation.nsw.gov.au, CC BY 4.0.
Imposes reporting and record-keeping obligations on commercial fishers, nominated fishers, fish receivers and charter operators (clauses 141–143; 196–203; Part 12 Div 4; clauses 218–221). It prescribes formats, timeframes and penalties for non‑compliance.
Creates permit regimes and fees for special activities (e.g. permits under Part 7 of the Act, permits to use explosives or electrical devices, permits for commercial gathering of marine vegetation), and sets the amounts for many fees and transfer charges (clauses 80–82; 98A; Schedule 6).
Establishes advisory structures: multiple Ministerial advisory councils and rules for their membership and procedure (clauses 247–251; Schedule 7).
Lists specific spatial protections and seasonal closures with precise geographic descriptions (many clauses and Schedules 2 and 3 contain coordinates and area boundaries), and a long penalty‑notice schedule for many offences (Schedule 8).
Who is affected
Commercial fishers and owners of fishing businesses: licensing, endorsements, transfer restrictions, quota allocation/transfer rules, reporting and recordkeeping, boat certification and marking, gear rules and licence conditions (Parts 7–11, Part 9, Part 8). (E.g. clauses 111, 125, 131, 135.)
Recreational fishers and charter operators: daily and possession limits, bag limits, many area‑specific prohibitions, charter licensing and CFLC card rules, and prescribed fees (Parts 2, 5, Part 12 and Schedules 1–3; clauses 66, 206–221).
Fish receivers, wholesalers and retailers: registration, labeling and record supply obligations (Part 11, clauses 188–196, 194, 195, 200).
Indigenous and community stakeholders: advisory councils include Aboriginal representation and there are specific provisions enabling fishing assets for Aboriginal assistance programs (clauses 247–251; clause 254).
The Department / Minister / Secretary: large discretion to set fees, approve permits, determine eligibility, call tenders or ballots for new endorsements, approve maps of recognised fishing grounds and administer exemptions, with many duties and powers allocated to them throughout the Regulation (see numerous clauses: 94, 115, 130, 150A, 224, 184).
Why it matters (policy mechanisms and implementation impacts)
Conservation mechanism: size limits, bag limits, species lists and spatial/seasonal closures operate as regulatory levers to limit extraction and protect vulnerable stocks (clauses 6–15; Schedules 2–3). These are concrete restrictions that change fisher behaviour by limiting how much and which fish may be taken, where and when.
Resource allocation and property‑style rules: the Regulation defines transferable and non‑transferable endorsements, share transfer rules, quota allocation for restricted fisheries and detailed approval processes for transfers. That creates tradable (but regulated) entitlements and constrains who can buy or receive endorsements or shares (Parts 7, 9, 10; clauses 135, 174–176, 178–186). This concentrates value for entitlement/endorsement holders and limits market transactions by administrative approval and statutory conditions.
Data and monitoring burden: frequent reporting (daily for some fisheries, monthly for others), mandatory catch and sale records and labelling increase compliance costs for commercial fishers and receivers but support fisheries management and enforcement (clauses 141–143, 197–200). The Regulation ties some activities to real‑time reporting systems and prescribes fallback paper forms where the system is unavailable (clause 143), exposing implementation risk if IT systems fail.
Administrative discretion and procedural uncertainty: the Minister and Secretary have many discretionary powers (to approve transfers, set tender/ballot conditions, determine eligibility, issue or cancel permits and certificates, set assessment fees and extend exemptions). Discretion speeds decision‑making but raises risks of inconsistent outcomes and requires transparent processes to limit uncertainty (see clauses 94, 130, 150A, 184, 224, 256).
Compliance and enforcement: strong penalty regime (Schedule 8) and many penalty‑notice provisions create enforcement tools that can be used by fisheries officers. That raises compliance incentives but also requires resourcing of enforcement agencies.
Costs and incentives: the Regulation raises direct costs to many users via application, licence, transfer and permit fees (Schedule 6) and indirect costs via recordkeeping, labelling, tagging and boat‑marking obligations (clauses 125, 92–93). Transfer controls and eligibility limits reduce transaction flexibility and affect the liquidity and market value of fishing businesses and shares.
Trade‑offs and practical implementation issues to watch (source‑grounded)
Concentrated beneficiaries vs diffuse costs: endorsed commercial fishers and holders of shares/quota gain tradable rights and quota allocation (clauses 135, 137), while the administrative burden and fees are dispersed across wider fishing and recreational communities.
Rent‑allocation risk through Ministerial discretion: many transfers and new endorsement issues depend on Minister/Secretary approval or public tender/ballot (clauses 130, 158, 175, 184). That concentrates decision power and could create incentives for selective allocation if procedural safeguards are weak.
Compliance burden on small operators: recordkeeping (clauses 197–199), tagging/labelling (clauses 92–93) and real‑time reporting (clauses 141–143) require systems and time; those costs will be proportionally higher for smaller businesses.
Implementation dependencies: enforcement relies on fisheries officers and IT systems for reporting and quota transfers; the Regulation contains fallback provisions but they create additional administrative steps and potential delays (clause 143). Permits and assessment fees are set by Secretary discretion and estimated by assessment time (clause 224), which can produce variable charges and unpredictability.
Key cross‑references and where to look in the text
(Where I note purposes — such as conservation, data collection, market allocation — those are the operational mechanisms the Regulation uses; the text provides the rules that create the incentives, fees and penalties described above: see clauses and schedules cited.)