Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This regulation (commencing 1 Sep 2019) defines terms used in NSW fisheries law and sets technical rules: species-specific minimum and maximum measurements, measurement methods, and daily and possession (bag) limits, plus lists of protected fish and limited defences/exemptions. Commercial, recreational and charter fishers must comply with the size/weight and bag/possession limits set out in Schedule 1 and Part 2, while the Secretary/Minister administer registration, approvals and enforcement (see cl 3, 6–15, 20–22).
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Direct links to the current provisions in Fisheries Management (General) Regulation 2019.
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Fisheries Management (General) Regulation 2019.
2 Commencement
This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Fisheries Management (General) Regulation 2010, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation—
backed up waters, in relation to a dam or impoundment, means water that has flowed into the dam or impoundment from another waterway and has ceased flowing.
certificate of survey for a boat means—
(a) for Part 9, Division 2—see clause 144, or
(b) otherwise—a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998.
charter fishing boat has the same meaning as in Part 4A of the Act.
commercial fishing boat activity has the same meaning as in section 107 of the Act.
endorsement means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery or to take fish in a share management fishery.
Note.
An endorsement includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, under an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act.
estuarine waters means waters ordinarily subject to tidal influence (other than ocean waters).
fisheries official means a fisheries officer or an officer of the Department.
fishing authority has the same meaning as in Division 4C of Part 2 of the Act.
fishing business card has the same meaning as in Division 3 of Part 11.
fishing business transfer rules means the provisions of Part 10.
high water mark means the mean line between approximate high water at spring tide and neap tide.
inland restricted fishery means the restricted fishery declared under Division 3 of Part 9.
inland waters means waters not subject to tidal influence.
Lord Howe Island waters means the waters within 3 nautical miles of—
(a) the high water mark on Lord Howe Island, or
(b) Balls Pyramid.
ocean waters means waters east of the natural coast line of New South Wales.
protected fish means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act.
recognised fishing ground means an area identified as a recognised fishing ground in accordance with clause 94.
restricted species of fish means any species of fish referred to in Table 1 or Table 2 in clause 6.
sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 9.
southern fish trawl endorsement means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.
southern fish trawl restricted fishery means the restricted fishery declared under Division 2 of Part 9.
Supporting Plan means the Fisheries Management Supporting Plan set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.
the Act means the Fisheries Management Act 1994.
tributary of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water.
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 Regulation.
(2) In this Regulation, the natural coast line is defined by a line drawn along the high water mark of the sea, except as follows—
(a) where an estuary meets the coast—the natural coast line is defined as follows—
(i) if an estuary has two breakwalls at the confluence with the South Pacific Ocean, by a line drawn across the easternmost extremity of both break walls,
(ii) if an estuary has only 1 breakwall, by a line drawn from the easternmost extremity of the breakwall to the northern or southern extremity of the high water mark on the opposite bank,
(iii) if an estuary enters the South Pacific Ocean and there are no defined points available, by a line drawn across the entrance between the easternmost extremity of the drying points on each bank,
(b) in relation to the following waters, the natural coast line is defined as follows—
(i) Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the Northern extremity of Tomaree Point,
(ii) Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head,
(iii) Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head,
(iv) Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point,
(v) Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point,
(vi) Jervis Bay—by a line drawn from the southeastern point of Point Perpendicular to the southeastern point of Bowen Island then to the northeastern point of Governor Head,
(vii) Wagonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head,
(viii) Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point.
(3) A reference in this Regulation to any of the following fisheries is a reference to the share management fishery of that name as described in Schedule 1 to the Act—
(a) abalone fishery,
(b) estuary general fishery,
(c) estuary prawn trawl fishery,
(d) lobster fishery,
(e) ocean hauling fishery,
(f) ocean trap and line fishery,
(g) ocean trawl fishery.
(4) A reference in this Regulation to being convicted of an offence includes a reference to being found guilty of the offence.
(5) A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act.
(6) A reference in this Regulation to a distance upstream or downstream in particular waters is to be read as a reference to the distance as measured along an imaginary line drawn through the centre of those waters.
(7) In this Regulation, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
(8) Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2021 (482), Sch 1[1]; 2022 (688), Sch 3[1].
4 Definitions of fish species
(1) In this Regulation (unless otherwise defined)—
abalone means fish of the species Haliotis rubra.
carp means all species of carp, including goldfish and any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).
freshwater shrimp means fish of the group Caridea.
pipi means fish of the species Donax deltoides.
prawn means fish of the family Penaeidae and Macrobrachium spp.
rock lobster means eastern rock lobster (Sagmariasus verreauxi), southern rock lobster (Jasus edwardsii) and tropical rock lobster (Panulirus spp. except Panulirus cygnus).
saltwater nipper means fish of the genus Callianassa and Alpheus spp.
sea urchin means fish of the class Echinoidea.
shellfish means fish of the classes Gastropoda and Bivalvia.
trout means brook trout (Salvelinus fontinalis), brown trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss).
turban shell means fish of the family Turbinidae.
turban snail means fish of the species Lunella torquata and Turbo militaris.
yabby means fish of the species Cherax.
(2) (Repealed)
cl 4: Am 2022 No 59, Sch 1.16; 2023 (13), Sch 5[1].
5 The share management plan for a fishery prevails over this Regulation
This Regulation is subject to section 62 of the Act.
Note.
Section 62 of the Act provides that if a provision of a share management plan is inconsistent with any other regulation under the Act, the share management plan prevails (unless the provision of the regulation is expressed to have effect despite the share management plan).
Part 2 Prohibited size fish, bag limits, protected fish and protected waters
Note.
Part 7A of the Act deals with the conservation of threatened species of fish and includes prohibitions on the taking of certain species of fish.
Division 1 Prohibited size fish
6 Prohibited size fish
(1) For the purposes of section 15 (1) of the Act, a fish is a prohibited size fish if—
(a) in the case of a fish of a species specified in Table 1—the measurement or weight of the fish is less than the minimum measurement or weight specified for that species of fish, or
(b) in the case of a fish of a species specified in Table 2—the measurement of the fish is more than the maximum measurement specified for that species of fish.
(2) For a species that has both a minimum measurement and a minimum weight, the fish is not a prohibited size fish if either the measurement or the weight exceeds the minimum.
(3) For the purposes of section 15 (2) of the Act, the method of determining the measurement of any class of fish is as follows—
(a) except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail,
(b) in the case of abalone—the diameter of the shell is to be measured along its longest axis,
(c) in the case of balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),
(d) in the case of crab (other than spanner crab)—the length of the crab is to be measured along the body from the notch between the most protruding frontal teeth to the centre of the posterior margin of the carapace,
(e) in the case of spanner crab—the length of the spanner crab is to be measured along the body from the base of the orbital notch to the centre of the posterior margin of the carapace,
(f) in the case of Murray crayfish or other spiny crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace,
(g) in the case of rock lobster—the length of the carapace of the rock lobster is to be measured along the straight line from the point of union of the second antennae to the centre of the posterior margin of the carapace (ignoring any hairs attached to the carapace),
(h) in the case of turban snail—the diameter of the shell is to be measured along its longest axis.
(4) If a fish is frozen, refrigerated or chilled, the size of the fish is to be determined as so frozen, refrigerated or chilled.
Table 1 Prohibited size fish (minimum measurements)
| Common name | Species | Minimum measurement | | Marine and estuarine fish | | Rock Blackfish | Girella elevata | 30 cm | | Black Bream, Southern Bream | Acanthopagrus butcheri | 25 cm | | Yellowfin Bream | Acanthopagrus australis | 25 cm | | Dusky Flathead, Common Flathead | Platycephalus fuscus | 36 cm | | Bluespotted Flathead, Sand Flathead | Platycephalus caeruleopunctatus | 33 cm | | Tiger Flathead | Platycephalus richardsoni | 33 cm | | Flounder | Bothidae spp. and Pleuronectidae spp. | 25 cm | | Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper | Achoerodus viridis | 30 cm | | Luderick | Girella tricuspidata | 27 cm | | Spanish Mackerel | Scomberomorus commerson | 75 cm | | Spotted Mackerel | Scomberomorus munroi | 60 cm | | Mahi Mahi, Dolphinfish | Coryphaena hippurus | 60 cm | | Jackass Morwong | Nemadactylus macropterus | 30 cm | | Red Morwong, Sea Carp | Cheilodactylus fuscus | 30 cm | | Grey Morwong, Rubberlip Morwong | Nemadactylus douglasii | 30 cm | | Sea Mullet, Bully Mullet | Mugil cephalus | 30 cm | | Mulloway | Argyrosomus japonicus | 45 cm | | Pearl Perch | Glaucosoma scapulare | 30 cm | | School Shark | Galeorhinus galeus | 91 cm | | Snapper | Chrysophrys auratus | 30 cm | | Tailor | Pomatomus saltatrix | 30 cm | | Tarwhine | Rhabdosargus sarba | 20 cm | | Teraglin | Atractoscion atelodus | 38 cm | | Silver Trevally | Pseudocaranx georgianus | 30 cm | | Sand Whiting, Silver Whiting | Sillago ciliata | 27 cm | | Yellowtail Kingfish | Seriola lalandi | 65 cm | | Marine and estuarine invertebrates | | Blacklip Abalone, Abalone | Haliotis rubra | 11.7 cm | | Balmain Bug | Ibacus peronii, ibacus chacei | 10 cm | | Blue Swimmer Crab, Sand Crab | Portunus armatus | 6.5 cm in the case of a holder of an endorsement in a share management fishery or the southern fish trawl restricted fishery6 cm in any other case | | Mud Crab, Black Crab, Mangrove Crab | Scylla serrata | 8.5 cm | | Spanner Crab | Ranina ranina | 9.3 cm | | Eastern Rock Lobster | Sagmariasus verreauxi | 10.4 cm | | Southern Rock Lobster (male) | Jasus edwardsii | 11 cm | | Southern Rock Lobster (female) | Jasus edwardsii | 10.5 cm | | Rough Turban Shell, Sydney Turban Snail | Lunella torquata | 7.5 cm | | Military Turban Shell, Military Turban Snail | Turbo militaris | 7.5 cm | | Freshwater and estuarine fish | | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus | 30 cm | | Murray Cod | Maccullochella peelii | 55 cm | | Longfin Eel | Anguilla reinhardtii | 58 cm | | Southern Shortfin Eel | Anguilla australis | 30 cm | | Golden Perch, Yellow Belly Perch | Macquaria ambigua | 30 cm | | Silver Perch | Bidyanus bidyanus | 25 cm | | Atlantic Salmon | Salmo salar | 25 cm | | Brook Trout | Salvelinus fontinalis | 25 cm | | Brown Trout | Salmo trutta | 25 cm | | Rainbow Trout | Oncorhynchus mykiss | 25 cm | | Freshwater and estuarine invertebrates | | Spiny Crayfish, Eastern Freshwater Crayfish (other than Murray Crayfish) | Euastacus spp. (other than Euastacus armatus) | 9 cm | | Murray Crayfish | Euastacus armatus | 10 cm | | Minimum weight | | Longfin Eel | Anguilla reinhardtii | 500 grams |
Table 2 Prohibited size fish (maximum measurements)
| Common name | Species | Maximum measurement | | Eastern Rock Lobster | Sagmariasus verreauxi | 18 cm | | Murray Cod | Maccullochella peelii | 75 cm | | Murray Crayfish | Euastacus armatus | 12 cm |
cl 6: Am 2023 (13), Sch 5[2]–[4].
7 Defence—taking of mullet for bait
For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 16 (1) of the Act (relating to possession of prohibited size fish) if the person charged satisfies the court that—
(a) the prohibited size fish concerned are mullet (Mugil cephalus), and
(b) the fish do not exceed 15 cm in measurement, and
(c) the fish have been lawfully taken by a person other than a commercial fisher, and
(d) the fish are live bait, and
(e) the person charged with the offence is in possession of no more than 20 of the prohibited size fish.
Division 2 Bag limits
8 Bag limits—taking of fish
For the purposes of section 17 (1) of the Act, Part 1 of Schedule 1 specifies the daily limit that applies to a particular species of fish and Part 2 of Schedule 1 specifies the daily limit that applies to a particular species of fish when taken from particular waters.
9 Bag limits—possession of fish
(1) For the purposes of section 17B (1) (a) of the Act, Part 1 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to any waters or is transporting or storing the fish.
(2) For the purposes of section 17B (1) (a) of the Act, Part 2 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to particular waters or is transporting or storing the fish otherwise than while in or on or adjacent to waters.
(3) If different possession limits are specified for a species of fish in relation to different waters, the possession limit that applies when a person in possession of that species of fish is transporting or storing the fish otherwise than while in or on or adjacent to waters is the lower or lowest of the possession limits specified for that species of fish.
(4) It is a defence to a prosecution for an offence against section 18 (2) of the Act that is constituted by transporting or storing fish, otherwise than while in or on or adjacent to waters, in a quantity that exceeds the possession limit of the fish, if the person charged satisfies the court that—
(a) the fish were taken from the waters specified in Part 2 of Schedule 1 for the particular species, and
(b) the quantity of fish in the person’s possession did not exceed the possession limit for the fish that would have applied if the person had been in or on or adjacent to the particular waters from which they were taken.
10 General bag limit
(1) For any species of marine or estuarine fish (including marine or estuarine invertebrates and tunicates) not specified in Schedule 1—
(a) the daily limit of fish of that species is 20, and
(b) the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 20.
(2) For any species of native freshwater fish (other than invertebrates) not included in Schedule 1—
(a) the daily limit of fish of that species is 10, and
(b) the possession limit of fish of that species is 10, when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish.
11 Application of bag limits to commercial fishers
(1) A daily limit specified in Schedule 1 or this Division does not apply in respect of fish lawfully taken by a commercial fisher for sale.
(2) A possession limit specified in Schedule 1 or this Division does not apply in respect of fish in the lawful possession of a commercial fisher for sale.
(3) However, those daily limits and possession limits do apply in respect of fish taken by, or in the possession of, a commercial fisher otherwise than for sale.
(4) Despite subclauses (1)–(3), the daily bag limits and possession limits specified in Schedule 1 or this Division do apply in respect of fish taken by, or in the possession of, a commercial fisher (whether or not the fish are taken or in possession for sale) if the fish were taken in Lord Howe Island waters by use of a boat and at the time that the fish were taken—
(a) the boat was being used as a charter fishing boat, or
(b) there were four or more persons on the boat (including any commercial fisher).
(5) Subclause (4) is subject to the exemption for fish taken for use as bait in charter fishing operations set out in clause 12.
cl 11: Am 2026 (61), Sch 1[1] [2].
12 Application of bag limits to declared charter fishing activities
(1) A daily limit or possession limit specified in Schedule 1 or this Division does not apply in relation to charter fishing exempt fish in the possession of—
(a) a person operating or guiding a boat, or a person being guided or instructed on a boat, under a charter fishing licence in relation to a declared charter fishing activity, or
(b) a person carrying out a declared charter fishing activity.
(2) However, subclause (1) applies only if—
(a) the fish were taken for use as bait in a declared charter fishing activity, and
(b) the fish are not taken or in possession for sale.
(3) In this clause—
charter fishing exempt fish means the following species of fish—
(a) Engraulis australis (Australian anchovy),
(b) family Hemiramphidae (garfish) other than Hyporhamphus australis (eastern sea garfish),
(c) family Atherinidae (hardyhead, silverfish),
(d) Herklotsichthys castelnaui (southern herring),
(e) Scomber australasicus (blue mackerel, slimy mackerel),
(f) Etrumeus teres (maray, round herring),
(g) Sardinops sagax (Australian sardine, pilchard),
(h) Spratelloides robustus (blue sprat, bluebait),
(i) Hyperlophus vittatus (sandy sprat, whitebait),
(j) Trachurus spp. (yellowtail, jack mackerel).
cl 12: Am 2019 No 14, Sch 2.9[1]. Subst 2023 (13), Sch 5[5].
13 Defence—fish taken by commercial fisher
(1) For the Act, section 21(1)(d), it is a defence to a prosecution for an offence under the Act, section 18 relating to contravening a possession limit specified in this division or Schedule 1 if the person charged satisfies the court that the person purchased or otherwise acquired the fish from another person and either of the following applies—
(a) the person charged is the first purchaser of the fish and both of the following applied or the person had no reasonable grounds to suspect both of the following did not apply—
(i) the fisher from whom the person purchased or otherwise acquired the fish was a commercial fisher,
(ii) both the taking and the possession of the fish by the commercial fisher were lawful,
(b) the person charged is not the first purchaser of the fish and all of the following applied or the person had no reasonable grounds to suspect all of the following did not apply—
(i) the fisher from whom the first purchaser purchased or otherwise acquired the fish was a commercial fisher,
(ii) both the taking and the possession of the fish by the commercial fisher were lawful,
(iii) the possession of the fish by the first purchaser, and by each other person, if any, who possessed the fish before the person charged, was lawful.
(2) In this clause—
first purchaser means the person who purchases or otherwise acquires the fish from the fisher who took the fish.
cl 13: Subst 2026 (61), Sch 1[3].
Division 3 Protected fish
14 Protected fish
(1) For the purposes of section 19 (1) of the Act, the species of fish specified in Table 1 are protected fish.
(2) For the purposes of section 19 (4) of the Act, the possession of the protected fish specified in Table 2 is prohibited absolutely.
Table 1 Protected fish
| Common name | Species | | Marine and estuarine species | | Ballina Angelfish | Chaetodontoplus ballinae | | Blue Drummer, Bluefish | Girella cyanea | | Eastern Blue Devil, Bleekers Devil Fish | Paraplesiops bleekeri | | Elegant Wrasse | Anampses elegans | | Goldspotted Rockcod, Estuary Cod | Epinephelus coioides | | Ghostpipefish | Family Solenostomidae | | Queensland Groper, Giant Queensland Groper | Epinephelus lanceolatus | | Sandtiger Shark, Herbsts Nurse Shark | Odontaspis ferox | | Pipefish, Pipehorse, Seadragon, Seahorse | Family Syngnathidae | | Seamoth | Family Pegasidae | | Freshwater species | | Isopod | Crenoicus harrisoni |
Table 2 Protected fish—possession prohibited absolutely
| Common name | Species | | Marine and estuarine species | | Ballina Angelfish | Chaetodontoplus ballinae | | Blue Drummer, Bluefish | Girella cyanea | | Eastern Blue Devil, Bleekers Devil Fish | Paraplesiops bleekeri | | Elegant Wrasse | Anampses elegans | | Ghostpipefish | Family Solenostomidae | | Sandtiger Shark, Herbsts Nurse Shark | Odontaspis ferox | | Pipefish, Pipehorse, Seadragon, Seahorse | Family Syngnathidae | | Seamoth | Family Pegasidae | | Freshwater species | | Isopod | Crenoicus harrisoni |
cl 14: Am 2021 (482), Sch 1[2].
15 Fish protected from commercial fishing
(1) For the purposes of section 20 (1) of the Act, the species of fish specified in Table 1 are protected absolutely from all commercial fishing.
(2) For the purposes of section 20 (4) of the Act, the sale of any species of fish specified in Table 2 is prohibited absolutely.
Table 1 Fish protected absolutely from all commercial fishing
| Common name | Species | | Marine and estuarine species | | Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper | Achoerodus viridis | | Black Marlin | Makaira indica | | Blue Marlin | Makaira nigricans | | Striped Marlin | Kajikia audax | | Freshwater species | | Atlantic Salmon | Salmo salar | | Australian Bass | Macquaria novemaculeata | | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus | | Estuary Perch | Macquaria colonorum | | Freshwater Crayfish | Genera Euastacus and Cherax except common yabby Cherax destructor | | Golden Perch, Yellow Belly Perch | Macquaria ambigua | | Murray Cod | Maccullochella peelii | | Brook Trout | Salvelinus fontinalis | | Brown Trout | Salmo trutta | | Rainbow Trout | Oncorhynchus mykiss |
Table 2 Fish protected absolutely from sale
| Common name | Species | | Marine and estuarine species | | Black Marlin | Makaira indica | | Blue Marlin | Makaira nigricans | | Striped Marlin | Kajikia audax | | Freshwater species | | Atlantic Salmon | Salmo salar | | Australian Bass | Macquaria novemaculeata | | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus | | Estuary Perch | Macquaria colonorum | | Freshwater Crayfish | Genera Euastacus and Cherax except common yabby Cherax destructor | | Brook Trout | Salvelinus fontinalis | | Brown Trout | Salmo trutta | | Rainbow Trout | Oncorhynchus mykiss |
cl 15: Am 2023 (13), Sch 5[6].
16 Defence—blue drummer taken from Lord Howe Island waters
(1) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (2) or (3) of the Act (relating to the taking or possession of blue drummer) if the person charged satisfies the court that—
(a) the blue drummer were taken from Lord Howe Island waters, and
(b) the person’s possession of the fish would, but for the fish being protected fish, be lawful.
(2) In this clause, blue drummer means fish of the species Girella cyanea, commonly known as blue drummer or bluefish.
17 Defence—aquarium fish
For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (3) of the Act (relating to the possession of protected fish) if the person charged satisfies the court that—
(a) the fish are of the family Pegasidae, Solenostomidae or Syngnathidae, commonly known as seamoths, ghostpipefish, pipefish, pipehorses, seadragons and seahorses, and
(b) the fish are being kept in an aquarium for exhibition or are in the person’s possession for the purposes of sale in the aquarium industry, and
(c) the fish were lawfully cultivated in or lawfully taken from waters to which this Act does not apply.
Division 4 Fish and waters protected from commercial and recreational fishing
18 Fish and waters protected from commercial fishing
(1) For the purposes of section 20 (2) of the Act, Schedule 2 specifies the particular waters in which all commercial fishing, or a particular class of commercial fishing, is prohibited.
(2) For the purposes of section 20 (2) of the Act, commercial fishing other than the following commercial fishing activities is prohibited in all ocean and estuarine waters—
(a) a fishing activity referred to in Schedule 1 to the Act,
(b) the taking of sea urchin or turban shell,
(c) the use of an otter trawl net (fish) or danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east from Barrenjoey Headland,
(d) the taking of fish from Lord Howe Island waters.
(3) For the purposes of section 20 (2) of the Act, any commercial fishing activity other than the taking of yabbies or carp is prohibited in all inland waters.
19 Fish and waters protected from recreational fishing
(1) For the purposes of section 20A (2) of the Act, Schedule 3 specifies the particular waters in which the taking of a particular species of fish by a particular method is prohibited and the period during which it is prohibited.
(2) This clause does not apply in respect of a commercial fisher taking fish for sale as authorised under the Act.
Division 5 Miscellaneous
20 Part does not authorise action contrary to prohibitions or other controls
(1) Nothing in this Part affects any prohibition or conditions imposed by or under the Act or the Marine Estate Management Act 2014 with respect to the taking of fish.
(2) In particular, a provision of this Part that specifies a minimum measurement, daily limit or possession limit in respect of any species of fish is not to be construed as authorising any of the following—
(a) the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,
(b) the taking for sale of any fish that are protected from commercial fishing under section 20 (1) of the Act,
(c) the taking for sale of fish from any area protected from commercial fishing,
(d) the taking of fish protected from recreational fishing,
(e) the taking of fish from any area protected from recreational fishing,
(f) the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Estate Management Act 2014.
Part 3 Fishing gear
Note.
Under section 24 of the Act it is an offence for a person to use a net or trap for taking 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. 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.
21 Fishing gear cannot be used in contravention of other restrictions
(1) A provision of this Part that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect any prohibition or conditions imposed by or under the Act or the Marine Estate Management Act 2014 with respect to the taking of fish.
(2) In particular, nothing in this Part is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for any of the following—
(a) the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,
(b) the taking of fish that are prohibited size fish or protected fish,
(c) the taking for sale of fish protected from commercial fishing under section 20 (1) of the Act,
(d) the taking for sale of fish from any area protected from commercial fishing,
(e) the taking of fish protected from recreational fishing,
(f) the taking of fish from any area protected from recreational fishing,
(g) the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Estate Management Act 2014,
(h) the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.
22 Lawful use of fishing gear
(1) For the purposes of this Part, a person who holds a commercial fishing licence that does not authorise the person to take fish for sale in a restricted fishery or a share management fishery is to be treated, in respect of that fishery, as a person who is not a commercial fisher.
(2) Accordingly, despite the other provisions of this Part, it is unlawful for such a person to use a net or other fishing gear for taking any fish in that restricted fishery or share management fishery if the use of that net or gear for taking those fish would, if the person were not a commercial fisher, be unlawful.
23 Use of certain fishing gear prohibited in vicinity of Fish Rock
(1) A person must not take, by means of a spear, spear gun or similar device, any fish from Fish Rock waters other than fish of the following species—
(a) family Carangidae (trevally, kingfish, rainbow runner),
(b) family Scombridae (mackerel, wahoo),
(c) family Istiophoridae (marlin, sailfish),
(d) Rachycentron canadum (cobia),
(e) Pomatomus saltatrix (tailor),
(f) Coryphaena hippurus (mahi mahi, dolphinfish),
(g) Arripis trutta (eastern Australian salmon).
Maximum penalty—100 penalty units.
(2) In this clause, Fish Rock waters means all waters within 200 metres of the mean high water mark of Fish Rock at 30°56.325′S, 153°06.052′E.
cl 23: Am 2019 No 14, Sch 2.9[2].
24 Beach safety meshing nets
(1) It is lawful for an officer of the Department or a person acting on behalf of the Secretary to use a beach safety meshing net if the net is used for the purposes of shark meshing activities and complies with the following conditions—
(a) the net is used only as a sunk net and no part of the net (excluding buoys) is on the surface of the water,
(b) the floatline and leadline consist of synthetic rope of 150 metres in length and at least 8 mm in diameter and have a breaking strain of at least 900 kg,
(c) approved net floats are attached to the floatline at intervals of not more than 5 metres,
(d) the netting twine is continuous synthetic filament with a breaking strain of at least 60 kg,
(e) the mesh size is 60 cm and the number of meshes is not less than 12 meshes deep so that the net is approximately 6 metres high when set,
(f) both ends of the net are marked on the surface of the water by a buoy that—
(i) is moored so as to be positioned above the end of the net, and
(ii) measures at least 200 mm in all dimensions, and
(iii) displays “SHARK NET” in clearly visible letters.
(2) To measure the mesh size, the net is to be soaked in water for a period of not less than 5 minutes, then stretched out and the distance between the inside edges of the knots measured using a steel rule that is certified in accordance with the National Measurement Act 1960 of the Commonwealth or in a manner approved by the Secretary.
(3) In this clause, approved net float means a float that is at least 10 cm in diameter and at least 5 cm in thickness or a float of equivalent buoyancy approved by the Secretary.
25 Nets used in share management fisheries
(1) A net specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the net.
(2) The description of the net, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the share management plan for the fishery concerned (including any requirements of the Supporting Plan that apply to the fishery).
Table
| Net | Share management fishery | | Bait net | Estuary general | | Danish seine trawl net (fish) | Ocean trawl | | Dip or scoop net (prawns) | Estuary general | | Flathead net | Estuary general | | Garfish net (bullringing) | Estuary general | | Garfish net (hauling) | Estuary general | | | Ocean hauling | | Hand-hauled prawn net | Estuary general | | Hauling net (general purpose) | Estuary general | | | Ocean hauling | | Landing net | Estuary general | | | Estuary prawn trawl | | | Ocean hauling | | | Ocean trap and line | | | Ocean trawl | | | Lobster | | Meshing net | Estuary general | | Otter trawl net (fish) | Ocean trawl | | Otter trawl net (prawns) | Ocean trawl | | | Estuary prawn trawl | | Pilchard, anchovy and bait net (hauling) | Estuary general | | | Ocean hauling | | Prawn net (hauling) | Estuary general | | Prawn net (set pocket) | Estuary general | | Prawn running net | Estuary general | | Purse seine net | Ocean hauling | | Push or scissors net | Estuary general | | Seine net (prawns) | Estuary general | | Spanner crab net | Ocean trap and line | | Trumpeter whiting net (hauling) | Estuary general |
Note.
Some of these nets may also be used in restricted fisheries and by recreational fishers. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.
26 Otter trawl net (fish)—southern fish trawl restricted fishery
(1) It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobster) in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a) the net is used only by the method of bottom trawling,
(b) no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),
(c) the mesh of the net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),
(d) any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,
(e) the mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),
(f) the net is fitted with a bycatch reduction device of a kind approved by the Secretary and that device is fitted in accordance with any specifications issued by the Secretary and published in the Gazette.
(2) An otter trawl net may have attached to it any of the following—
(a) a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,
(b) a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,
(c) a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the lateral openings of the meshes or the mesh size of the meshes to less than required by this clause.
(3) The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be more than 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Secretary and published in the Gazette.
(4) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—southern fish trawl restricted fishery.
(5) In this clause, codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.
Table
| Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not exceeding 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres. |
27 Danish seine trawl net (fish)—southern fish trawl restricted fishery
(1) It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobster) 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 net is used only by the method of danish seining.
(2) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)—southern fish trawl restricted fishery.
Table
| Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.Description of net—Mesh not less than 83 mm throughout. |
28 Application of Division
Subject to anything to the contrary in this Division, the nets described in this Division may be lawfully used by any person (whether or not a commercial fisher).
29 Spanner crab net
(1) It is lawful for a person to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a) the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,
(b) a person does not use more than 1 spanner crab net at any one time,
(c) the net is not used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above 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) has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
(v) displays the letters “SN” and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy.
(2) This clause does not apply to or in respect of the holder of an endorsement in the ocean trap and line fishery when taking fish for sale in that fishery.
Note.
See the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006 in relation to the use of spanner crab nets in the ocean trap and line fishery.
(3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a spanner crab net.
Table
| Waters—Ocean waters north of Korogoro Point (Hat Head).Description of net: netting attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width; netting not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position; no more than 2 layers of netting. |
30 Hoop or lift net
(1) It is lawful for a person to use a hoop or lift net for taking fish (other than rock lobster or restricted species of fish) in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a) the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,
(b) a person uses no more than—
(i) 4 nets at any one time when fishing in estuarine waters only, and
(ii) 5 nets at any one time when fishing in inland waters only (including any open pyramid lift nets),
(c) the net is not used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above 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 so that no rope is floating on the surface of the water, and
(v) in the case of a net used by a person other than a commercial fisher—displays the letters “HN”, and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and
(vi) in the case of a net used by a commercial fisher in inland waters—displays the letters “HN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(d) in the case of the use of a hoop or lift net in inland waters by a person other than a commercial fisher—the net is not left set for more than 24 hours.
(2) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hoop or lift net.
(3) For the purposes of this clause, restricted species of fish does not include the following—
(a) Portunus armatus (blue swimmer crab or sand crab),
(b) Scylla serrata (mud crab, black crab or mangrove crab),
(c) Euastacus spp. (spiny crayfish, eastern freshwater crayfish or Murray crayfish).
Table
| Waters—Any waters (other than ocean waters).Description of net—Net attached to not more than 2 hoops, rings or frames not exceeding 1.25 metres in their greatest diameter (or at their greatest diagonal); hoops, rings or frames not attached to each other by means of any rigid frame; total length from the centre of the plane of the hoop, ring or frame to the extremity of the net, or between the 2 hoops, rings or frames, not exceeding 1 metre; mesh not less than 13 mm. |
cl 30: Am 2023 (13), Sch 5[4].
31 Open pyramid lift net
(1) It is lawful for a person to use an open pyramid lift net for taking yabbies or spiny crayfish in the waters set out in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a) the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,
(b) a person uses no more than 5 nets at any one time (including any hoop or lift nets),
(c) the net is not used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above 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 so that no rope is floating on the surface of the water, and
(v) in the case of a net used by a person other than a commercial fisher—displays the letters “PN”, and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and
(vi) in the case of a net used by a commercial fisher—displays the letters “PN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(d) in the case of a net used by a person other than a commercial fisher—the net is not left set for more than 24 hours.
(2) It is also lawful to use an open pyramid lift net to take freshwater shrimp that are taken by the open pyramid lift net when it is being lawfully used for taking yabbies or spiny crayfish.
(3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an open pyramid lift net.
(4) In this clause, spiny crayfish means fish of the species Euastacus, commonly known as spiny crayfish, eastern freshwater crayfish or Murray crayfish.
Table
| Waters—Inland waters.Description of net—consisting of a base not exceeding 600 mm by 600 mm; a horizontal opening at the top of the netting that is parallel to the base and not less than 200 mm in all dimensions; mesh height of not more than 150 mm; mesh not less than 13 mm nor more than 40 mm. |
32 Hand-hauled prawn net
(1) It is lawful for a person 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 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 for a person to use a hand-hauled net to take other fish (other than restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3) This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.
Note.
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of hand-hauled prawn nets in the estuary general fishery.
(4) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled prawn net.
Table
| Waters—Any waters (other than inland waters).Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm. |
33 Push or scissors net (prawns)
(1) It is lawful for a person 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 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) the net is operated only by 1 person without assistance from any other person,
(d) a person uses only 1 net at any one time.
(2) It is also lawful to use a push or scissors net to take other fish (other than restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3) This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.
Note.
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of push or scissors nets (prawns) in the estuary general fishery.
(4) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a push or scissors net (prawns).
Table
| Waters—Any waters (other than inland waters).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. |
34 Dip or scoop net (prawns)
(1) It is lawful for a person 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 that Table and the following conditions are complied with—
(a) the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,
(b) a person uses only 1 net at any one time.
(2) This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.
Note.
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of dip or scoop nets (prawns) in the estuary general fishery.
(3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a dip or scoop net (prawns).
Table
| Waters—Any waters (other than inland waters).Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, 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. |
35 Hand-hauled yabby net
(1) It is lawful for a person to use a hand-hauled net for taking yabbies in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a) the net is used as a hand implement only and 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 is operated by 1 person only (with the assistance of no more than 1 other person).
(2) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled yabby net.
Table
| Waters—Inland waters, being ground tanks, bore drains or lagoons.Description of net—Not exceeding 6 metres; mesh throughout not more than 40 mm; used with or without hauling lines or poles. |
36 Landing net
(1) It is lawful for a person to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a) in the case of a net used by the holder of an endorsement in the southern fish trawl restricted fishery—the net is used only as an ancillary aid to another fishing method that it is lawful for the endorsement holder to use to take fish for sale in the waters concerned,
(b) in any other case—the net is used only as an ancillary aid to a rod and line or handline.
(2) This clause does not apply to or in respect of the holder of an endorsement in a share management fishery when taking fish for sale in that fishery.
Note.
See the Supporting Plan in relation to the use of landing nets in share management fisheries.
(3) For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a landing net.
Table
| Waters—Any waters.Description of net—Consisting of a hoop or ring that is attached to netting or other soft material. |
37 Traps used in share management fisheries
(1) A trap specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the trap.
(2) The description of the trap, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the share management plan for the fishery concerned (including any requirements of the Supporting Plan that apply to the fishery).
Table
| Trap | Share management fishery | | Commercial crab trap | Estuary general | | Commercial lobster trap | Lobster | | Eel trap | Estuary general | | Fish trap | Estuary general | | | Ocean trap and line |
38 Recreational lobster trap
(1) It is lawful for a person to use a trap for taking rock lobster in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a) the 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) has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
(v) displays the letters “LT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(b) a person does not use more than 1 trap at any one time.
(2) This clause does not apply to or in respect of a commercial fisher who is taking rock lobster for sale.
Note.
See the Fisheries Management (Lobster Share Management Plan) Regulation 2000 in relation to the use of lobster traps in the lobster fishery.
(3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational lobster trap.
Table
| Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)).Description of trap—Consisting of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base not exceeding 1.2 metres in diameter); has 1, 2 or 3 rectangular unobstructed escape gaps (constructed of rigid material) fitted in the trap with at least 1 escape gap being not less than 57 mm by 500 mm, 2 escape gaps each being not less than 57 mm by 250 mm or 3 escape gaps each being not less than 57 mm by 200 mm and so that no part of any escape gap is more than 12 cm above the floor of the trap. |
39 Recreational crab trap
(1) It is lawful for a person 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 that Table and the following conditions are complied with—
(a) the 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) has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
(v) displays the letters “CT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 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 3 metres apart,
(c) a person does not use more than 2 traps at any one time,
(d) the trap is not made of entanglement material.
(2) This clause does not apply to or in respect of an endorsement holder in the estuary general fishery when taking fish for sale in that fishery.
Note.
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of crab traps in the estuary general fishery.
(3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational crab trap.
Table
| Waters—Any waters (other than inland and ocean waters).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). |
40 Bait trap
(1) It is lawful for a person to use a trap for the taking of bait in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a) the trap is not used unless it is identified by a tag that—
(i) is securely attached to a part of the trap that is at or above water level, and
(ii) has dimensions of at least 80 mm by 45 mm, and
(iii) displays the letters “BT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,
(b) a person (other than a commercial fisher) does not use more than 1 trap at any one time.
(2) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a bait trap.
Table
| Waters—Any waters (other than inland waters).Description of trap—Not exceeding 450 mm in length and 350 mm in diameter with any entrance funnel not exceeding 60 mm in diameter. |
41 Yabby trap
(1) It is lawful for a person to use a trap for taking yabbies in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a) the trap is not used unless its position is indicated by a buoy or tag,
(b) if the trap’s position is indicated by a buoy, the buoy must—
(i) be moored so as to be positioned above the trap, and
(ii) measure not less than 100 mm in all dimensions, and
(iii) have a height above the water of not less than 50 mm, and
(iv) be moored so that no rope is floating on the surface of the water,
(c) if the trap’s position is indicated by a tag, the tag must—
(i) be securely attached to a part of the trap that is at or above water level, and
(ii) be at least 80 mm by 45 mm in size,
(d) if the trap is not being used to take fish for sale, the buoy or tag must display the letters “YT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy or tag,
(e) if the trap is being used to take fish for sale, the buoy or tag must display the letters “YT”, the name of the commercial fisher using the trap and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy or tag,
(f) the maximum number of traps that can be used at any time is—
(i) if the trap is not being used to take fish for sale—5 traps (none of which may be left set for more than 24 hours), or
(ii) if the trap is being used in inland waters to take fish for sale—100 traps.
(2) It is lawful for a person to use a yabby trap to take freshwater shrimp that are taken by the yabby trap when it is being lawfully used to take yabbies.
(3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a yabby trap.
Table
| Waters—Inland waters, other than the following—(a) public water land east of the Newell Highway,(b) the Murray River from the Newell Highway at Tocumwal downstream to the Echuca road bridge,(c) the Edward River from the Murray River at Picnic Point downstream to Stevens Weir,(d) the Murrumbidgee River from Narrandera to the Darlington Point road bridge.Description of trap—Not exceeding 1 metre in length, 0.6 metre in width and 0.3 metre in depth; constructed of netting or mesh (not being rigid mesh, such as metal or hard plastic) not less than 13 mm along the longest diagonal; has entrance funnel or funnels containing a rigid ring with a maximum internal diameter of 90 mm permanently affixed at some point along the funnel or funnels. |
42 Shrimp trap
(1) It is lawful for a person to use a trap for taking freshwater shrimp in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a) the trap is not used unless it is identified by a tag that—
(i) is securely attached to a part of the trap that is at or above water level, and
(ii) has dimensions of at least 80 mm by 45 mm, and
(iii) displays the letters “ST” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,
(b) a person does not use more than 1 trap at any one time,
(c) a person does not leave the trap set for more than 24 hours.
(2) It is lawful for a person to use a shrimp trap to take yabbies that are taken by the shrimp trap when it is being lawfully used to take freshwater shrimp.
(3) For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a shrimp trap.
Table
| Waters—Inland waters.Description of trap—Not exceeding 0.6 metre in length, 0.5 metre in width and 0.5 metre in depth; constructed of netting or mesh not greater than 13 mm along the longest diagonal; has entrance funnels that are not more than 35 mm in width at the narrowest point measured on any axis. |
43 Attended lines
(1) A person must not, for the purpose of taking fish in any waters other than inland waters—
(a) use more than 4 lines, or
(b) use any line with more than 3 single hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure, or
(c) use any line with a gang of hooks that comprises more than 5 single hooks attached.
Maximum penalty—100 penalty units.
(2) Subclause (1)(b) does not apply to a person who, for the purpose of taking fish in any ocean waters or estuarine waters, uses not more than 1 line with not more than 6 single hooks attached, if—
(a) a lure is fixed to each single hook, and
(b) the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.
(3) A person who is taking fish from any waters, other than inland waters, using a line must not leave the line unattended unless the person identifies the line by attaching to a part of the line, which is at or above water level, a tag that—
(a) has dimensions of at least 80mm by 25mm, and
(b) clearly displays in capital letters—
(i) the person’s name, and
(ii) the person’s residential address or boat registration number.
Maximum penalty—50 penalty units.
(4) A person must not, for the purpose of taking fish in any inland waters—
(a) use more than 2 lines, or
(b) use any line with more than—
(i) 2 single hooks attached, or
(ii) 2 lures attached and 3 hooks attached to each lure.
Maximum penalty—100 penalty units.
(5) A person must not, for the purpose of taking fish in any inland waters, have in the person’s possession, in or on or adjacent to any inland waters—
(a) more than 2 lines, or
(b) if the person is only using lures—more than 4 lines.
Maximum penalty—100 penalty units.
(6) A person who is taking fish from any inland waters using a line must not leave that line unattended unless that person remains within 50m of the line while it is unattended and the line is within that person’s line of sight.
Maximum penalty—50 penalty units.
(7) This clause does not apply in relation to the holder of an endorsement in the following fisheries, when the holder is taking fish for sale in that fishery—
(a) estuary general share management fishery,
(b) ocean trap and line share management fishery.
Note—
The share management plans for the above fisheries set out the relevant restrictions on use of lines.
(8) In this clause—
gang of hooks means a group of single hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.
hook includes a single hook, double hook or treble hook.
line means a rod and line or handline.
cl 43: Subst 2023 (13), Sch 5[8].
44 Drift lines
(1) A commercial fisher must not, for the purpose of taking fish in any inland waters, use a drift line.
Maximum penalty—100 penalty units.
(2) A person (other than a commercial fisher) must not, for the purpose of taking fish in any waters, use a drift line.
Maximum penalty—100 penalty units.
(3) In this clause, drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is—
(a) held in the hand or attached to fishing gear held in the hand, or
(b) secured in any other manner that prevents it from drifting or floating freely.
Division 6 Other restrictions on use of fishing gear
45 Taking of rock lobster
(1) A person must not take rock lobster by any method other than by hand picking (whether or not while wearing a glove).
Maximum penalty—25 penalty units.
(2) This clause does not apply to a person who uses a trap for taking rock lobster if the use of the trap by that person for that purpose is, but for this clause, lawful.
46 Taking of saltwater nippers, worms, pipis etc
(1) A person must not take any saltwater nippers, squirt worms, blood worms, beachworms, pipis or any other intertidal invertebrate from a rock platform by any method other than by use of a single blade knife with a blade longer than it is wide, or from any other place by any method other than by use of—
(a) a pump or similar device having a barrel or cylinder with a diameter of not more than 85 mm, or
(b) a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 mm and a diameter of not more than 85 mm, or
(c) a single blade knife with a blade longer than it is wide, or
(d) a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis), or
(e) pliers.
Maximum penalty—25 penalty units.
(2) This clause does not prevent a person from taking any fish by the method of hand picking (whether or not while wearing a glove).
47 Taking of shellfish by means of a dredge or similar device
A person must not take shellfish by means of a dredge or similar device.
Maximum penalty—100 penalty units.
48 Taking of Atlantic salmon or trout
(1) A person must not take Atlantic salmon or trout from any waters (other than from the backed up waters of a dam or an impoundment) by any method other than by the use of not more than 2 rods and lines with not more than—
(a) 2 single hooks attached, or
(b) 2 lures attached and 3 hooks attached to each lure.
Maximum penalty—50 penalty units.
(2) A person must not take Atlantic salmon or trout from the backed up waters of a dam or an impoundment by any method other than by the use of not more than 2 rods and lines, each with not more than—
(a) 2 single hooks attached, or
(b) 3 lures attached and 3 hooks attached to each lure.
Maximum penalty—50 penalty units.
(2A) A person must not, for the purpose of taking Atlantic salmon or trout in any waters, have in the person’s possession, in or on or adjacent to the waters—
(a) more than 2 rods and lines, or
(b) if the person is only using lures—more than 4 rods and lines.
Maximum penalty—100 penalty units.
(3) A person must not use a light for the purpose of taking Atlantic salmon or trout.
Maximum penalty—50 penalty units.
(4) It is not an offence under this clause for a person to use a landing net as an auxiliary to the taking of Atlantic salmon or trout after the salmon or trout has been hooked.
(5) In this clause, hook includes a single hook, double hook or treble hook.
cl 48: Am 2023 (13), Sch 5[9] [10].
49 Taking of groper
(1) A person must not take groper in any waters by any method other than by the use of a rod and line or a handline.
Maximum penalty—100 penalty units.
(2) In this clause, groper means any fish of the species Achoerodus viridis, commonly known as eastern blue groper, blue groper, brown groper or red groper.
50 Jagging or foul hooking of fish
(1) A person must not take fish by the method of jagging.
Maximum penalty—25 penalty units.
(2) A person must not use a gaff for the purpose of taking fish from any inland waters.
Maximum penalty—25 penalty units.
(3) In this clause, jagging means the use of any device or instrument that is intended to hook fish otherwise than through the mouth.
51 Scuba diving
(1) A person must not, while using any apparatus capable of supplying air to facilitate breathing underwater, take fish by any method.
Maximum penalty—100 penalty units.
(2) This clause does not apply to a person who takes—
(a) for the purpose of sale—abalone, sea urchin or turban shell in compliance with the requirements of the Act and this Regulation and, in the case of abalone, the Fisheries Management (Abalone Share Management Plan) Regulation 2000, or
(b) any fish while using a snorkel, or
(c) scallops (family Pectinidae), or
(d) sea urchin.
52 Spear guns and bowfishing equipment—the Act, s 23
(1) A person must not—
(a) use a spear gun in inland waters for the purpose of taking fish, or
(b) use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or
(c) use a spear gun aided by lights in any waters for the purpose of taking fish.
Maximum penalty—50 penalty units.
(2) A person must not take any fish in any waters by means of a spear gun that is fitted with an explosive device.
Maximum penalty—100 penalty units.
(3) A person must not take fish in any waters using a bow and arrow, except as provided by subclause (4).
Maximum penalty—50 penalty units.
(4) A person may take carp from inland waters using bowfishing equipment if the person takes the carp—
(a) during the period commencing 30 minutes before sunrise and ending 30 minutes before sunset, and
(b) without the aid of lights, and
(c) at least 100 metres from another person, other than persons in the company of the person taking carp, and
(d) at least 100 metres from a boat ramp, dwelling, camping ground, picnic area or another vessel, and
(e) at least 500 metres from a caravan park.
(5) In this clause—
bowfishing equipment means—
(a) a hand held bow with a reel of no more than 30 metres of fishing line, and
(b) an arrow, attached to the fishing line, with barbs and without fletching.
carp means fish of the species Cyprinus carpio and does not include goldfish or any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).
spear gun includes a spear or similar device.
cl 52: Am 2021 (505), Sch 1[1] [2]; 2023 (13), Sch 5[11] [12].
53 Firearms
(1) A person must not take any fish in any waters by means of a firearm.
Maximum penalty—50 penalty units.
(2) It is not an offence under this clause for a commercial fisher to use a firearm to kill or attempt to kill shark or other fish lawfully taken by means of fishing gear (other than a firearm).
(3) In this clause, firearm does not include a spear gun.
Division 7 Miscellaneous
54 Joining of nets
(1) For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets joined together for the purpose of taking fish.
(2) For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets for the purpose of taking fish, being nets that are joined or placed together side by side (either on the cork line or otherwise) in such a manner that the effective mesh or meshes of those combined nets are reduced to a size less than the minimum mesh or meshes described as lawful under this Part.
55 Illegally reducing mesh size or lateral mesh openings of nets
(1) For the purposes of this Part, it is unlawful for a person to use a net in which any meshes (or any bars) are wholly or partly covered or twisted in any manner—
(a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b) so as to reduce the size of the lateral mesh openings in the net.
(2) For the purposes of this Part, it is unlawful for a person to use a net in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the net in any manner—
(a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b) so as to reduce the size of the lateral mesh openings in the net.
56 Illegally reducing mesh size or lateral mesh openings of traps
(1) For the purposes of this Part, it is unlawful for a person to use a trap in which any meshes are wholly or partly covered in any manner—
(a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b) so as to reduce the size of the lateral mesh openings in the trap.
(2) For the purposes of this Part, it is unlawful for a person to use a trap in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the trap in any manner—
(a) so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b) so as to reduce the size of the lateral mesh openings in the trap.
57 Monofilament and certain multi-strand nets prohibited
For the purposes of this Part, it is unlawful for a person to use a net any mesh of which is constructed of synthetic material that comprises less than 7 strands.
58 Method of dragging or drawing nets
For the purposes of this Part, it is unlawful for a person to drag or draw ashore any net containing fish in such a way or to such a distance from the water as to prevent prohibited size fish from escaping through the meshes or by the wings of the net into the water, or to allow such prohibited size fish to remain on the shore.
59 Identification of set nets and traps
(1) A person must not, in or on any waters, place or set any net or trap, or use any set net or trap, unless the net or trap is identified in accordance with any requirements relating to identification of nets or traps in this Regulation.
Maximum penalty—50 penalty units.
(2) In this clause, set net means any net set in any waters for the purpose of taking fish that is left unattended.
60 Measuring length and mesh size of nets
(1) For the purposes of testing or determining the length of a net, the net must be measured along the cork line or head line of the net from the first hanging to the last hanging.
(2) For the purposes of testing or determining the mesh size of a net that is described in this Part as being lawful (other than a net specified in the Table to this clause or a beach safety meshing net), a prescribed measuring device must be used in the manner required by this clause.
(3) A prescribed measuring device is a device verified in the manner determined by the Secretary that complies with the following description—
(a) it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,
(b) both members have attached a fixed knife edge,
(c) when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,
(d) a scale and a point is marked on both members.
(4) A prescribed measuring device must be used in the following manner—
(a) the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,
(b) the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,
(c) the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.
(5) For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, a prescribed measuring device must be used in the manner required by this clause except that—
(a) the weight specified in relation to that net in that Table must be attached to the sliding member, and
(b) the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.
(6) In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.
(7) The mesh size specified in respect of a lawful net in this Part is taken to be the mesh size determined by the use of a prescribed measuring device in the manner required by this clause.
Table
| Nets | Weight attached | | Hand-hauled prawn net | 1,585 grams | | Push or scissors net | 1,585 grams | | Otter trawl net (fish) | 2,945 grams | | Danish seine trawl net (fish) | 2,945 grams |
61 Restrictions on the sale of commercial nets
(1) A person must not sell a commercial net to another person unless the person is satisfied that the other person—
(a) is the holder of a commercial fishing licence, or
(b) is the holder of a permit under this clause.
Maximum penalty—100 penalty units.
(2) A person who sells a commercial net to another person must make a record of the sale containing the following information—
(a) the date of the sale,
(b) a description of the net sold (including any registration number),
(c) the licence or permit number of the person to whom the net was sold.
Maximum penalty—100 penalty units.
(3) A person who sells a commercial net to another person must retain the record referred to in subclause (2) for 5 years after the net was sold and must, during that 5-year period, produce the record when requested to do so by a fisheries officer.
Maximum penalty—100 penalty units.
(4) The Secretary may, on application, issue a permit to a person authorising the person to buy commercial nets.
(5) A person who is engaged in the business of selling commercial nets to commercial fishers is entitled to a permit under this clause.
(6) For the purpose of this clause—
(a) a net is a commercial net unless it is a net that may be lawfully used by a person who is not a commercial fisher in all waters or in any particular waters, and
(b) a reference to a person is a reference to a person within New South Wales.
Part 4 Priorities in the use of fishing gear
Note.
This Part sets out the rights of priority between commercial fishers and recreational fishers on recognised fishing grounds and the rights of priority between commercial fishers in inland waters. Rights of priority between commercial fishers in share management fisheries are set out in the share management plans for the fisheries. Rights of priority between commercial fishers on recognised fishing grounds are set out in the Supporting Plan.
62 Offence of fishing contrary to rights of priority
A person must not attempt to take fish contrary to the rights of priority determined by this Part after being directed not to do so—
(a) by a fisheries officer, or
(b) by another fisher (who is using or intending to use a net or other fishing gear in accordance with this Part).
Maximum penalty—50 penalty units.
63 Commercial fishers must use fishing gear in accordance with this Part
A commercial fisher must not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.
Maximum penalty—50 penalty units.
64 Priority between commercial fishers and recreational fishers on recognised fishing grounds
A commercial fisher who is taking or who intends to take fish on a recognised fishing ground, by the method for which the area concerned is a recognised fishing ground, has priority over any other person who is taking or intends to take fish on the recognised fishing ground by any other method.
65 Priority between commercial fishers using nets in inland waters
The rights of priority in the setting of nets in inland waters between commercial fishers working on the same recognised fishing ground are determined as follows—
(a) the first turn belongs to the commercial fisher who, with lawful nets, first arrives at the point on the bank from which it is intended that those nets are to be set,
(b) the next turn is to belong to the commercial fisher who next so arrives, and so on,
(c) during a commercial fisher’s turn, the fisher is to have the exclusive right of setting nets in so much of the inland waters as equals, in metres measured from the point referred to in paragraph (a), the product of the number of nets the fisher is using or intends to use and 100, subject to the following—
(i) the point from which that measurement is made must be not less than 100 metres from any net set by and belonging to any other commercial fisher,
(ii) the maximum length of the inland waters to which any fisher is entitled in accordance with this clause is 1,600 metres,
(iii) no fisher is to be entitled to set any net within 100 metres of any net set by any other commercial fisher in accordance with this clause,
(d) a turn must not exceed 24 hours at the expiration of which the nets must, if another commercial fisher is waiting that fisher’s turn with lawful nets ready to set, be removed from the water on to the bank,
(e) no commercial fisher is to have a second turn until all the other commercial fishers on the fishing ground with lawful nets have had their first turn.
Part 5 Recreational fishing fees
66 Amount of recreational fishing fees
For the purposes of section 34E (2) of the Act, the recreational fishing fees payable under Division 4A of Part 2 of the Act are specified in Schedule 6.
67 Receipts for fishing fee payments
(1) For the purposes of paragraph (c) of the definition of official receipt in section 34A of the Act, a receipt card issued to a person following payment of a fishing fee by the person over the telephone or by electronic means is evidence of payment of a fishing fee.
(2) The Secretary may issue a replacement receipt for an official receipt issued under section 34G of the Act if satisfied that the original receipt is lost, damaged or destroyed.
(3) The fee for a replacement receipt is the amount specified in Schedule 6.
68 Exempt bodies of water
(1) For the purposes of section 34C (2) (g) of the Act, the following bodies of water are exempt—
(a) a body of water comprising the backed up waters of a dam or impoundment located on private land if the surface area of the body of water (at full capacity) does not exceed 2 hectares,
(b) the waters of Lake Hume, being all waters (and land covered by water when the lake is at full capacity) in the Murray River arm of Lake Hume, from the weir wall upstream to the point where Seven Mile Creek enters the Murray River on the northern bank of the Murray River, and in the Mitta Mitta River arm of Lake Hume, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta.
(2) For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.
69 Exempt fishers
(1) For the purposes of section 34C (2) (h) of the Act, the following recreational fishers are exempt from paying a recreational fishing fee—
(a) a fisher who holds a current pensioner concession card,
(b) a fisher who is of or over the age of 18 years of age and is only assisting a fisher under 18 years of age to take fish by means of a single dip or scoop net (prawns),
(c) a fisher who is engaged in bait gathering, shore-based fishing or other activities ancillary to a declared charter fishing activity, if—
(i) a fishing fee exemption certificate under the Act, section 34I(3)(b) is already held in relation to the declared charter fishing activity, and
(ii) the fisher is in the immediate vicinity of the boat being used for the declared charter fishing activity.
(2) It is a condition of an exemption referred to in subclause (1) (a) that, if required to do so by a fisheries officer, a person who claims such an exemption must produce the person’s current pensioner concession card immediately or within the period specified by the officer and at the place specified by the officer.
(3) In this clause, pensioner concession card means a card known as a “pensioner concession card” and issued by Centrelink or the Commonwealth Department of Veterans’ Affairs, or any other card approved by the Minister as being equivalent to that card.
cl 69: Am 2023 (13), Sch 5[13].
70 Reductions in fishing fee for fishing in far north
(1) For the purposes of section 34F of the Act, the amount of the fishing fee payable by a recreational fisher for a far north fishing activity is 50% of the fee otherwise payable.
(2) For the purposes of this Part, far north fishing activity means fishing—
(a) in the tidal waters of the Tweed River, upstream from a line joining the eastern extremities of the Tweed River Breakwaters to—
(i) Bray Park Weir on the Tweed River, and
(ii) Boat Harbour Bridge, Numinbah Road, on the Rous River, and
(iii) Bilambil Road Bridge on Duroby Creek, and
(iv) Bilambil Road Bridge on Bilambil Creek, and
(v) Robinson Road Bridge on Cobaki Creek, or
(b) from the Tweed River Breakwaters, or
(c) from the rocks and beach north of the Tweed River Breakwaters to the Queensland border, or
(d) from the rocks and beach south of the Tweed River Breakwaters to the lighthouse at Fingal Head.
71 Fishing fee exemption certificates may be issued to certain owners and lessees of private land
(1) For the purposes of section 34I (3) (c) of the Act, the class of persons consisting of owners or lessees of private land on which there is a body of water comprising the backed up waters of a dam or impoundment is prescribed as a class of persons to whom a fishing fee exemption certificate may be issued.
(2) For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.
72 Fishing fee exemption certificates
(1) For the purposes of section 34I (4) of the Act, a fishing fee exemption certificate is to be in the form approved by the Minister and may be issued subject to such conditions as the Minister considers appropriate.
(2) An exemption certificate has effect for 1 year, or for a longer or shorter period as determined by the Minister in a particular case.
(3) The fee for an exemption certificate is the amount specified in Schedule 6.
(4) Any fee for an exemption certificate under section 34I (3) (a) or (b) of the Act is reduced by 50% if the activities to which the certificate relates are far north fishing activities (and not any other fishing activities).
(5) If the Minister issues an exemption certificate under section 34I (3) (a) or (b) of the Act for a period that is longer or shorter than 1 year, the fee for the certificate is to be varied in proportion to the amount by which the period for which the certificate is issued differs from 1 year.
(6) The fee for an exemption certificate must be paid before the certificate is issued.
73 Amendment and cancellation of exemption certificates
(1) The Minister may amend or cancel a fishing fee exemption certificate at any time by notice in writing to the holder of the certificate.
(2) Without limiting subclause (1), the Minister may amend or cancel a fishing fee exemption certificate on the application of the holder of the certificate.
(3) The fee payable in respect of an amendment of an exemption certificate under subclause (2) is—
(a) the application fee specified in Schedule 6, and
(b) a supplementary fee equivalent to the amount (if any) by which the fee payable for an exemption certificate in the form of the amended certificate exceeds the sum of all fees that had been paid for the certificate before the application was made.
Part 6 General fisheries management
74 Interference with fishing activities
A person must not, after being directed to cease doing so by a fisheries officer, drive, ride or use a boat, surfboard, water ski, aquaplane or similar equipment—
(a) in any waters on a recognised fishing ground in such a manner and in such proximity to the ground as is likely to cause the dispersal of schooling fish, or fish travelling in a school or shoal, or
(b) in any waters in a manner that unreasonably interferes with the operations of a commercial fisher lawfully fishing in those waters or waiting to carry on lawful fishing in those waters.
Maximum penalty—50 penalty units.
75 Interference with set fishing gear
(1) A person must not, without reasonable excuse, interfere with any set fishing gear.
Maximum penalty—50 penalty units.
(2) This clause does not apply to a fisheries officer, the person who owns the fishing gear or any other person acting in accordance with this Regulation.
76 Lawful interference with set fishing gear
(1) Any commercial fisher may, for the purpose of using a net on any recognised fishing ground, remove any unattended fishing gear that has been so set as to obstruct the use of the fisher’s net.
(2) A fisher who so removes set fishing gear is not, if the fisher exercises reasonable care in the removal, liable for any damage to the fishing gear occasioned by such removal.
(3) This clause does not allow a commercial fisher to remove a net that has been lawfully set in the waters concerned.
77 Intentionally disturbing fish
A person must not, without reasonable excuse, intentionally disturb fish in the vicinity of a commercial fisher using a net or other fishing gear on a recognised fishing ground.
Maximum penalty—50 penalty units.
78 Interference with commercial fisher using line
(1) A commercial fisher who is lawfully using a line (other than a drift line) in any waters for the purpose of taking fish may require any person intending to fish in those waters (in such close proximity to the fisher as gives the fisher reasonable cause to apprehend that fish in the fisher’s vicinity will be frightened or that the fisher’s line will be fouled) to move to another position on those waters (not more than 50 metres distant) that the fisher indicates.
(2) A person must not, without reasonable excuse, refuse or neglect to comply with such a requirement.
Maximum penalty—25 penalty units.
(3) In this clause—
drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is—
(a) held in the hand or attached to fishing gear held in the hand, or
(b) secured in any other manner that prevents it from drifting or floating freely.
79 Dynamite and explosive substances
(1) A person must not use dynamite or any other explosive substance to take or destroy fish in any waters.
Maximum penalty—100 penalty units.
(2) A person must not explode any dynamite or other explosive substance in any waters.
Maximum penalty—100 penalty units.
(3) It is a defence to a prosecution for an offence under subclause (2) if the person charged satisfies the court that the acts constituting the alleged offence were done—
(a) in pursuance of a permit issued by the Secretary, and
(b) in accordance with the conditions of the permit.
80 Permit to use explosives
(1) An application for a permit to use dynamite or any other explosive substance in any waters is to be made in writing to the Secretary in the form approved by the Secretary.
(2) A permit may extend to—
(a) explosives generally or to a particular explosive specified in the permit, or
(b) waters generally or to the particular waters specified in the permit.
(3) A permit remains in force, unless sooner cancelled or suspended by the Secretary, until the expiration of the period specified in the permit.
(4) A permit is subject to such conditions as are attached to the permit by the Secretary.
(5) The fee for a permit under this clause, or for the renewal of such a permit, is the amount specified in Schedule 6.
81 Use of electrical devices prohibited in all waters
(1) A person must not use an electrical device for the purpose of taking fish in any waters.
Maximum penalty—100 penalty units.
(2) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were done—
(a) in pursuance of a permit issued by the Secretary, and
(b) in accordance with the conditions of the permit.
82 Permit to use electrical devices
(1) An application for a permit to use an electrical device in any waters is to be made in writing to the Secretary in the form approved by the Secretary.
(2) A permit may extend to—
(a) electrical devices generally or to a particular device specified in the permit, or
(b) waters generally or to the particular waters specified in the permit.
(3) A permit remains in force, unless sooner cancelled or suspended by the Secretary, until the expiration of the period specified in the permit.
(4) A permit is subject to such conditions as are attached to the permit by the Secretary.
(5) The fee for a permit under this clause, or for the renewal of such a permit, is the amount specified in Schedule 6.
83 Use of chemical substances
(1) A person must not use a chemical substance for the purpose of taking, disturbing, injuring or otherwise harming fish in any waters.
Maximum penalty—100 penalty units.
(2) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were—
(a) authorised by a permit issued by the Australian Pesticides and Veterinary Medicines Authority for the purposes of the control or eradication of pest fish, or
(b) authorised under an aquaculture permit, or
(c) authorised under an approval granted under section 37 of the Act for research or scientific purposes, or
(d) a routine activity done for the purpose of cleaning a boat or keeping the boat free from barnacles or other fouling organisms.
(3) In this clause, a chemical substance is a substance or a mixture of substances that has the effect of stunning, disturbing, sedating or killing fish.
84 Prohibited lures and baits
(1) A person must not take any fish from any waters with a lure or bait that is—
(a) a live bird, or
(b) a live mammal.
Maximum penalty—50 penalty units.
(2) A person must not take any fish from inland waters with a lure or bait that is—
(a) a live finfish, or
(b) any fish or any part of a fish not native to the waters of New South Wales (other than dead carp), or
(c) trout or salmon roe or any product containing trout or salmon roe.
Maximum penalty—50 penalty units.
(3) A person must not take Atlantic salmon or trout with any lure or bait other than—
(a) natural flies or insects, or their larvae, or
(b) worms, freshwater shrimps, yabbies or mussels, or
(c) artificial lures or baits, or
(d) plant matter.
Maximum penalty—50 penalty units.
(4) A person fishing in inland waters must, on the demand of a fisheries officer, produce to that officer the lure or bait being used by that person.
Maximum penalty—50 penalty units.
(5) In this clause, carp means fish of the species Cyprinus carpio or Carassius auratus.
85 Taking of octopus from rock platforms
(1) A person must not take any octopus from any rock platform in ocean waters or the waters of Port Jackson.
Maximum penalty—25 penalty units.
(2) In this clause, Port Jackson includes the Parramatta and Lane Cove Rivers and Middle Harbour and the waters of Port Jackson up to a line drawn between the easternmost point of Outer North Head and the easternmost point of South Head.
86 Taking of pipis for use as bait only
(1) A person must not take pipis except for use as bait.
Maximum penalty—100 penalty units.
(2) A person must not take pipis unless the person is in the authorised area for the taking of pipis.
Maximum penalty—100 penalty units.
(3) A person must not remove pipis from the authorised area for the taking of pipis.
Maximum penalty—100 penalty units.
(4) This clause does not apply—
(a) in respect of the taking of, or removal of, pipis by a person who is a commercial fisher authorised to take them under the Act, or
(b) in respect of the removal of pipis by any other person if the pipis were taken by a commercial fisher and were purchased or otherwise acquired by the person.
(5) In this clause, authorised area for the taking of pipis means the area within 50 metres of the mean high water mark of a beach.
87 Shucking of intertidal invertebrates
(1) A person must not shuck any intertidal invertebrate (other than abalone, rock lobster or turban snail), or have such a shucked intertidal invertebrate in the person’s possession, in or on or adjacent to any waters except for immediate bait use.
Maximum penalty—25 penalty units.
(2) A person must not shuck rock lobster or turban snail, or have shucked rock lobster or turban snail in the person’s possession, in or on or adjacent to any waters.
Maximum penalty—25 penalty units.
88 Shucking of abalone
(1) A person (other than a commercial fisher authorised to shuck abalone under the Fisheries Management (Abalone Share Management Plan) Regulation 2000) must not shuck abalone, or have shucked abalone in the person’s possession, in or on or adjacent to any waters.
Maximum penalty—50 penalty units.
(2) A person in possession of shucked abalone does not commit an offence against this clause as a result of that possession if the person establishes that the abalone were shucked at—
(a) a place approved for the purpose by the Secretary, or
(b) premises registered under the regulations made under the Export Control Act 1982 of the Commonwealth for the preparation of abalone for export.
89 Mutilation of fish
(1) A person must not mutilate any restricted species of fish in or on or adjacent to any waters in any manner other than by gutting or by removing the gills or scales.
Maximum penalty—50 penalty units.
(2) A person (other than a commercial fisher) does not commit an offence under subclause (1) if the person establishes that the person mutilated the fish—
(a) in the course of preparing the fish for immediate consumption, or
(b) in the course of preparing the fish for immediate use as bait, or
(c) in the course of authorised charter fishing operations, or
(d) at a permanent facility, specifically provided for the cleaning of fish, being a place that is not in or on any waters, or
(e) in accordance with a permit issued by the Secretary.
(3) A person must not have in the person’s possession in or on or adjacent to any waters any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales.
Maximum penalty—50 penalty units.
(4) A person (other than a commercial fisher) does not commit an offence under subclause (3) if the person establishes that the fish was mutilated in accordance with subclause (2).
(5) A person must not deliver or consign for sale any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales.
Maximum penalty—50 penalty units.
(6) This clause does not apply to the delivery or consignment for sale of fish propagated, hatched or reared by the holder of an aquaculture permit under the authority of that permit or of any other fish that have already been lawfully sold.
(7) For the purposes of this clause, a person mutilates fish in the course of authorised charter fishing operations if—
(a) the person is the master or a crew member of a charter fishing boat, and
(b) the person mutilates the fish by filleting or sectioning the fish, and
(c) the person mutilates the fish while on board the charter fishing boat and in the presence of the person who took the fish, and
(d) the charter fishing boat is moored at its usual berth or at the place where passengers of the boat usually embark or disembark the boat.
cl 89: Am 2023 (13), Sch 5[14].
90 Removal and possession of certain parts of sharks permitted
(1) A person does not commit an offence against section 20B (1) (a) of the Act in relation to a species of shark listed in the Table to this subclause if the person—
(a) removes only its belly flaps, with ventral fins attached, and
(b) does not remove any other fin from the shark, and
(c) remains in possession of the remainder of the shark while on board the boat.
Table
| Common name | Species | | Gulper Shark | Family Centrophoridae | | Dogfish | Family Squalidae | | Catshark | Family Scyliorhinidae | | School Shark | Galeorhinus galeus | | Gummy Shark | Mustelus antarcticus |
(2) A person does not commit an offence against section 20B (1) (c) of the Act in relation to any shark (other than a school shark) if the person—
(a) cuts the shark across the body and vertically from the top of the body through the carcass into portions (known as barrels), and
(b) does not remove any fin from any portion of the shark, and
(c) remains in possession of all portions of the shark while on board the boat.
(3) A person does not commit an offence against section 20B (1) (c) of the Act in relation to any shark (other than a school shark) if the person—
(a) remains in possession of the shark (either whole or without the head, gills or gut or other internal organs) while on board the boat, and
(b) does not remove any fin of the shark.
(4) A person does not commit an offence against section 20B (1) (c) of the Act in relation to a school shark if the person—
(a) remains in possession of the shark (either whole or without the gills or gut or other internal organs) while on board the boat, and
(b) does not remove the head or any fin of the shark.
91 Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova
(1) A person must not take or sell or have in the person’s possession a crayfish, shovel-nosed lobster, rock lobster or crab, carrying ova externally.
Maximum penalty—50 penalty units.
(2) A person must not have in the person’s possession a crayfish, shovel-nosed lobster, rock lobster or crab, from which spawn or ova have been deliberately removed.
Maximum penalty—50 penalty units.
(3) In this clause—
crayfish means fish of the genera Euastacus and Cherax.
shovel-nosed lobster includes all species of bugs.
92 Eastern rock lobster not to be sold unless tag attached
(1) A person must not sell a whole eastern rock lobster, or the tail of an eastern rock lobster, that does not have a tag attached to it in such a manner that the tag cannot be removed without being broken.
Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in any other case.
(2) A person does not commit an offence under this clause unless the rock lobster concerned was taken in the waters of, or adjacent to, New South Wales.
(3) In this clause—
eastern rock lobster means rock lobster of the species Sagmariasus verreauxi.
tag means a tag issued by the Secretary for attachment to eastern rock lobsters taken for sale.
whole eastern rock lobster includes an eastern rock lobster that has had parts (other than the abdomen of the rock lobster) removed.
Note.
The Fisheries Management (Lobster Share Management Plan) Regulation 2000 requires commercial fishers to tag eastern rock lobsters taken for sale.
93 Labelling of abalone
(1) A person must not sell abalone unless the immediate packaging of the abalone is marked or labelled with the following information—
(a) the date on which the abalone was packaged,
(b) the number and total net weight in kilograms of abalone,
(c) the name of the commercial fisher who took the abalone or the name and address of the person on whose behalf the abalone was packaged,
(d) the unique identifying number allocated to the sale for the purposes of fish records under Division 2 of Part 11 or the seller’s registered fish receiver’s registration number.
Maximum penalty—100 penalty units.
(2) A person must not remove, deface, damage or destroy any immediate packaging of abalone (or label attached to the packaging) that contains the information required to be included on the packaging by this clause.
Maximum penalty—20 penalty units.
(3) Subclause (2) does not prevent a person from removing or destroying the packaging or a label from abalone at a place where the abalone is to be cooked, dried or eaten, immediately before it is cooked, dried or eaten.
94 Identification of recognised fishing grounds
(1) For the purposes of section 39 (4) of the Act, a recognised fishing ground is an area identified as a recognised fishing ground by being marked as such on a map (an RFG map) approved by the Minister and published in the Gazette.
(2) An RFG map is to identify any 1 or more areas that, in the opinion of the Minister, is an area of the sea or other public water land used historically for net fishing and that is used regularly or intermittently for net fishing by commercial fishers.
(3) An RFG map is to identify the method of net fishing for which the area is a recognised fishing ground.
(4) Section 284 (2) of the Act (which specifies the way in which the public is to be given an opportunity to make submissions on certain matters) applies in respect of a draft RFG map in the same way as it applies in respect of the matters specified in section 284 (1) of the Act.
(5) Before taking the action required by section 284 (2) of the Act in relation to a draft RFG map, the Minister must—
(a) provide a copy of the draft map to the Recreational Fishing NSW Advisory Council, and
(b) invite that Council to make recommendations about the draft map within such time (being not less than 30 days from the date on which the copy of the draft map is provided to the Council) as the Minister may specify in the invitation, and
(c) take any such recommendations into consideration when finalising the draft map for public exhibition under section 284 (2) of the Act.
(6) Each RFG map is to be deposited at the head office of the Department and at an office of the Department located in the region of the relevant recognised fishing ground.
(7) The Minister may alter or replace an RFG map from time to time by publishing an amended or replacement RFG map in the Gazette. However, the consultations required by subclauses (4) and (5) must be undertaken in relation to such an alteration or replacement unless, in the case of an alteration, the Minister is of the opinion that the alteration is of a minor nature.
95 Person must not assist a commercial fisher
(1) A person must not assist a commercial fisher to take fish in contravention of a share management plan.
Maximum penalty—100 penalty units.
(2) A person assists a commercial fisher to take fish in contravention of a share management plan if the person provides any assistance, or does any other thing, that results in the commercial fisher contravening a provision of the share management plan that relates to taking fish with the assistance of another person.
(3) A person may be proceeded against and convicted under this clause whether or not—
(a) the commercial fisher has been proceeded against or convicted for an offence constituted by taking fish with the assistance of another person in contravention of a share management plan, and
(b) another person has been proceeded against and convicted under this clause in respect of conduct arising from the same circumstances.
96 Prohibition on transfer of fish from one boat to another
(1) A person must not transfer any fish that has been taken by a recreational fisher while on board a boat from that boat to another boat when either boat is not secured to the shore, a mooring, a wharf or a marina berth.
Maximum penalty—100 penalty units.
(2) This clause does not apply to any of the following species of bait—
(a) Engraulis australis (Australian anchovy),
(b) Herklotsichthys castelnaui (southern herring),
(c) Etrumeus teres (maray, round herring),
(d) Sardinops sagax (Australian sardine, pilchard),
(e) Spratelloides robustus (blue sprat, bluebait),
(f) Hyperlophus vittatus (sandy sprat, whitebait),
(g) Scomber australasicus (blue mackerel, slimy mackerel),
(h) Trachurus spp. (yellowtail, jack mackerel),
(i) family Hemiramphidae (garfish),
(j) family Atherinidae (hardyhead, silverfish),
(k) all species of squid,
(l) all species of cuttlefish.
96A Approval of certain activities involving fish and marine vegetation
(1) For the Act, section 37(1)(e), the following purposes are prescribed—
(a) the collection of species for environmental assessment and monitoring,
(b) the cleaning of public infrastructure to remove marine growth,
(c) pest species management,
(d) fish relocations, including during drought,
(e) the trial of modified or new commercial fishing gear that is otherwise prohibited by or under the Act.
(2) For subclause (1)(b) the removal of marine growth may include the removal of other fish and marine vegetation, including seaweed and macro algae, to the extent it is incidental to the removal of marine growth.
(3) In this clause—
marine growth includes barnacles, oysters and mussels and related species.
public infrastructure includes boat ramps, bridge abutments, bridge pylons, culverts, floating pontoons, jetties, navigation or mooring piles, netting around swimming areas, public wharves and water access stairs and ramps.
cl 96A: Ins 2023 (13), Sch 5[15].
97 Fee for permits under section 37 of Act
For the purposes of section 37AA (2) of the Act, the application fee for a section 37 permit with respect to the following matters is the amount specified in Schedule 6—
(a) a marine park declared under the Marine Estate Management Act 2014,
(b) a permit to take and possess fish or marine vegetation for research purposes under section 37 (1) (a) of the Act,
(c) a permit to take and possess fish or marine vegetation for aquarium collection purposes under section 37 (1) (c) of the Act,
(d) a permit for a purpose approved by the Minister under section 37 (1) (f) of the Act.
98 Contravention of condition of approval under section 37 of Act
A person who contravenes a condition of an approval granted under section 37 of the Act is guilty of an offence.
Maximum penalty—100 penalty units.
98A Permit required to gather marine vegetation for commercial purposes
(1) A person must not gather marine vegetation for a commercial purpose from any area of public water land except under the authority of a permit issued by the Minister under this clause.
Maximum penalty—50 penalty units.
(2) A permit applies to the gathering of marine vegetation only in the area specified in the permit.
(3) A permit is not required for the gathering of marine vegetation in accordance with an aquaculture permit or a permit under Part 7 of the Act.
(4) A permit may apply to marine vegetation generally or to a particular class of marine vegetation specified in the permit.
(5) An application for a permit, or the renewal of a permit, is to be made in writing to the Minister in the form approved by the Minister and must be accompanied by the fee specified in Schedule 6.
(6) If a person duly makes an application for a permit, the Minister may issue, or may refuse to issue, a permit.
(7) A permit remains in force, unless sooner cancelled or suspended by the Minister, until the expiration of the period specified in the permit.
(8) A permit is subject to the following conditions and any further conditions attached to the permit by the Minister—
(a) marine vegetation must not be gathered from any area if commercial fishing is taking place in the area unless, at the time the commercial fishing commenced in that area, marine vegetation was being gathered from the area in accordance with the permit,
(b) marine vegetation must not be gathered from any land that is held under any title granted by the Crown,
(c) marine vegetation must not be gathered from any marked navigation channel,
(d) marine vegetation must not be gathered from any area in which a public work is being carried out.
(9) The Minister may, from time to time, by notice given to the permit holder, vary the further conditions of a permit.
(10) Any permit issued under clause 63 of the Fisheries Management (Aquaculture) Regulation 2017 and in force immediately before the commencement of this clause is taken to have been issued under this clause.
(11) In this clause, gather includes collect.
cl 98A: Ins 2020 No 30, Sch 1.19[1].
Part 7 Share management fisheries
99 Persons prohibited from holding shares
(1) For the purposes of section 49 (2) of the Act, the following persons and bodies are prohibited from holding shares in a share management fishery—
(a) a foreign person or a foreign-owned body,
(b) a subsidiary (within the meaning of the Corporations Act 2001 of the Commonwealth) of a foreign person or of a foreign-owned body.
(2) In addition, a person is prohibited from holding shares in a share management fishery if the Minister is satisfied that the person is holding the shares on behalf of, or for the benefit of, a person who is prohibited by this clause from holding shares in a share management fishery.
(3) Shares in a share management fishery may not be issued by the Minister to a person who is prohibited by this clause from holding shares or be recorded in the Share Register.
(4) The Minister is to cancel any shares held by a person prohibited by this clause from holding shares. However, the Minister may allow the person to dispose of the shares in accordance with Part 3 of the Act.
(5) In this clause—
foreign person means a person other than—
(a) an individual ordinarily resident in Australia (within the meaning of the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth), or
(b) a company or an exempt body (within the meaning of the Corporations Act 2001 of the Commonwealth).
foreign-owned body means a body corporate that has a substantial foreign ownership.
(6) For the purposes of this clause, a body corporate has a substantial foreign ownership if the Minister is satisfied that more than 20% of its total paid-up share capital is held by foreign persons or (if it does not have a share capital) that foreign persons are in a position to control more than 20% of the voting power in the body.
(7) For the purposes of this clause, the Minister may have regard to any relevant provisions of the Corporations Act 2001 of the Commonwealth for the purposes of determining whether a person has an interest in shares or voting power in a body corporate.
100 Determination of catch history
(1) For the purposes of section 51 (4) of the Act, the following documents are prescribed—
(a) a verified record of a commercial fishers’ co-operative,
(b) a verified record relating to the income tax liability of a commercial fisher,
(c) a verified record of any fish processing company (whether a wholesaler or retailer).
(2) In this clause, a reference to a verified record is a reference to an original record, or a copy of a record, audited by a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth) or that forms part of a record audited by a registered company auditor.
101 Fee for special endorsements to take fish in share management fishery
For the purposes of section 70 (5) of the Act, the fee payable for an endorsement to which section 70 of the Act applies (being an endorsement that authorises the taking of fish for sale in a share management fishery even though the commercial fisher is not entitled to an endorsement under Part 3 of the Act) is the amount specified in Schedule 6.
102 Transfers and other dealings in shares
(1) For the purposes of section 71 (5) of the Act, before the commencement of the share management plan for a fishery, section 71 of the Act applies to allow the transfer, assignment or transmission of the shares of a person (the shareholder) in the fishery only if—
(a) all of the shares of the shareholder that are components of the same fishing business (whether or not those shares are shares in the same fishery) are transferred, assigned or transmitted to 1 person (the transferee), and
(b) the transferee becomes the owner of that fishing business (and all its components).
(2) For the purposes of section 54 (3) of the Act, an acquisition of shares by a dealing that is allowed under subclause (1) is declared to be an authorised acquisition.
(3) Nothing in this clause authorises the mortgaging of shares in a share management fishery before the commencement of the share management plan for the fishery.
Note.
Under section 54 (3) of the Act, a holder of shares in a limited access fishery is not entitled to have the licence endorsed to take fish in the limited access fishery (or to nominate another person to do so) if all the shares held by the person were acquired by dealings after the initial issue of shares in the fishery, unless the acquisition is declared by the regulations to be an authorised acquisition.
103 Forfeiture of shares for failure to pay certain contributions
(1) For the purposes of section 75 (4) (b) of the Act, the Minister may order that the shares (or any of the shares) of a shareholder in a share management fishery be forfeited if the shareholder has failed to pay a community contribution or other amount due under Part 3 of the Act. However, the Minister is to order the forfeiture only of the number of shares that will be required, in the opinion of the Minister, to recover the amount due.
(2) The Minister is not to order forfeiture of shares unless the Minister is satisfied that all reasonable steps have been taken to recover the amount due or the shareholder’s whereabouts are unknown.
(3) Following the sale of the forfeited shares, any part of the purchase price remaining after deduction of the amount of the community contribution or other amount due and the expenses reasonably incurred in connection with the sale is to be paid to the shareholder.
104 Fee for registration of dealings in shares
(1) For the purposes of section 91B (2) (d) of the Act, the fee in respect of an application for registration of the following transactions is the amount specified in Schedule 6—
(a) a transaction that purports to have the effect of transferring, assigning or transmitting a share,
(b) any other transaction that purports to have the effect of mortgaging or otherwise creating an interest in a share.
(2) This clause does not apply in respect of a share management fishery if the share management plan for the fishery prescribes a different fee in respect of an application.
105 Fee for inspection of Share Register and registered documents
For the purposes of section 97 (1) of the Act, the fees for the following matters are specified in Schedule 6—
(a) the inspection of an entry in the Share Register that is conducted with the assistance of an officer of the Department,
(b) the inspection of a copy of a document retained by the Secretary under section 91B of the Act.
106 Information not required to be made available for inspection
For the purposes of section 97 (3) of the Act, information that discloses any contact details of a party or witness to a dealing (within the meaning of Division 10 of Part 3 of the Act), including any home, business or postal address, any personal or business email address or any home, business or mobile telephone number, is excluded from section 97 of the Act.
Part 8 Licences for commercial fishing and boats
107 Who may hold commercial fishing licence
For the purposes of section 103 (2) (c) of the Act, the following individuals are authorised to hold a commercial fishing licence—
(a) an individual who is the owner of a fishing business the components of which include an endorsement that authorises the taking of fish for sale in a restricted fishery or who is duly nominated to take fish on behalf of the owner of such a fishing business,
(b) an individual who the owner of a fishing business proposes to nominate (under section 69 of the Act in respect of a share management fishery or under Division 4 of Part 9 of this Regulation in respect of a restricted fishery) to take fish on behalf of the owner and who does not already hold a commercial fishing licence,
(c) an individual who applies for a permit, or who is authorised under an order, under section 37 of the Act in relation to a commercial fishing activity and who does not already hold a commercial fishing licence.
(d) (Repealed)
Note.
Section 103 (2) (a) of the Act provides that a shareholder in a share management fishery, or an individual who is duly nominated by a shareholder, is authorised to hold a commercial fishing licence.
cl 107: Am 2022 (688), Sch 3[2] [3].
108 Commercial fishing licence application terms and fees
(1) An application for a commercial fishing licence must nominate one of the following terms of duration for the licence—
(a) 1 year,
(b) 5 years,
(c) 10 years.
(2) The fee for an application for the issue of a commercial fishing licence is the amount specified in Schedule 6.
(3) The Minister may issue a licence for—
(a) the nominated term, or
(b) if satisfied that it is in the public interest—a term that is shorter than the nominated term.
(4) If the Minister issues a licence for a shorter term, the Minister must refund the applicant a proportionate amount of the application fee.
cl 108: Subst 2022 (688), Sch 3[4].
109 (Repealed)
110 Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant
For the purposes of section 104 (3) of the Act, the Minister is authorised to refuse to issue a commercial fishing licence to an eligible applicant if—
(a) the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c) the applicant has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d) the applicant has been convicted of an offence relating to an assault on a fisheries official, or
(e) the applicant has not paid any fee or contribution due and payable in connection with a commercial fishing licence, or
(f) the Minister is satisfied that the applicant has not demonstrated the capacity or qualifications necessary to enable the individual to successfully engage in commercial fishing operations, or
(g) the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(h) the applicant has previously held a commercial fishing licence that has been cancelled or holds a commercial fishing licence that is currently suspended, or
(i) the applicant has been required to forfeit any shares in a share management fishery under the Act.
111 Conditions of commercial fishing licence
(1) For the purposes of section 104 (4) (a) of the Act, the following conditions are prescribed—
(a) the holder of the licence must not engage any person as a crew member unless the holder is satisfied that the person has the necessary skills, experience or capacity to participate successfully in fishing operations authorised by the licence,
(b) the holder of the licence must not use a crew member on a boat being used by the licensee to take fish, unless the boat is being used as follows—
(i) to take abalone in the abalone share management fishery in accordance with paragraph (c),
(ii) to take yabbies or carp in the inland restricted fishery in accordance with paragraph (d),
(iii) to take sea urchin or turban shell in the sea urchin and turban shell restricted fishery in accordance with paragraph (e),
(c) the holder of the licence, being a licence that is endorsed under the Act for the taking of abalone in the abalone share management fishery, must not use a crew member on a boat being used by the licence holder for the taking of abalone from the fishery, unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking abalone from the fishery on the licence holder’s behalf,
(d) the holder of the licence must not use a crew member on a boat being used by the licence holder to take yabbies or carp in the inland restricted fishery unless—
(i) if the boat is being used to take yabbies, the licence holder is using no more than 1 crew member to assist in that purpose and the licence holder is authorised to take yabbies in the inland restricted fishery under a class A endorsement in the fishery, or
(ii) if the boat is being used to take carp, the licence holder is authorised to take carp in the inland restricted fishery under a class A, class B or class D endorsement in the fishery,
(e) the holder of the licence, being a licence that is endorsed under the Act for the taking of sea urchin or turban shell (or both) in the sea urchin and turban shell restricted fishery, must not use a crew member on a boat being used by the licence holder for the taking of sea urchin or turban shell from the fishery unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking sea urchin or turban shell from the fishery on the licence holder’s behalf,
(f) the holder of the licence must co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations,
(g) the holder of the licence must take all reasonable steps to ensure that all members of the crew, while assisting the holder of the licence to take fish, co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations.
(2) (Repealed)
Note.
Additional licence conditions apply to endorsement holders in restricted fisheries (see Part 9) or share management fisheries (see the share management plans for those fisheries).
cl 111: Am 2022 (688), Sch 3[5]–[7].
112 Renewal of commercial fishing licence
(1) The holder of a commercial fishing licence may apply in writing to the Minister for the renewal of the licence.
(2) An application for the renewal must nominate one of the following terms of duration for the licence—
(a) 1 year,
(b) 5 years,
(c) 10 years.
(2A) The fee for an application for the renewal is the amount specified in Schedule 6.
(2B) The Minister may renew a licence for—
(a) the nominated term, or
(b) if satisfied that it is in the public interest—a term that is shorter than the nominated term.
(2C) If the Minister renews a licence for a shorter term, the Minister must refund the applicant a proportionate amount of the application fee.
(3) The Minister may refuse to renew the licence if—
(a) the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c) the applicant has been convicted of an offence relating to an assault on a fisheries official, or
(d) the applicant has, in the opinion of the Minister, contravened a condition of the licence or of an endorsement on that licence or of an approval granted under section 37 of the Act, or
(e) the application for renewal of the licence is received by the Minister after the expiry date of the licence, or
(f) the applicant has made a statement in connection with the application for renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(g) the applicant has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(h) the applicant has been required to forfeit any shares in a share management fishery under the Act, or
(i) the applicant is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or
(j) the applicant has not paid any fee or contribution due and payable in connection with the renewal of the licence.
(4) (Repealed)
(5) If an application is duly made for renewal of a commercial fishing licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence—
(a) is taken to continue in force until the licence is renewed or the application for renewal is refused, and
(b) may be renewed despite the fact that, but for this subclause, the licence would have expired.
(6) An application for renewal of a commercial fishing licence received by the Minister after the expiry date of the licence may be treated as an application for the issue of a commercial fishing licence, and in such a case the fee payable in respect of the application is the fee for the application for the issue of a commercial fishing licence under clause 109.
cl 112: Am 2022 (688), Sch 3[2] [8] [9].
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Fisheries Management (General) Regulation 2019.
2 Commencement
This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Fisheries Management (General) Regulation 2010, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation—
backed up waters, in relation to a dam or impoundment, means water that has flowed into the dam or impoundment from another waterway and has ceased flowing.
certificate of survey for a boat means—
(a) for Part 9, Division 2—see clause 144, or
(b) otherwise—a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998.
charter fishing boat has the same meaning as in Part 4A of the Act.
commercial fishing boat activity has the same meaning as in section 107 of the Act.
endorsement means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery or to take fish in a share management fishery.
Note.
An endorsement includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, under an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act.
estuarine waters means waters ordinarily subject to tidal influence (other than ocean waters).
fisheries official means a fisheries officer or an officer of the Department.
fishing authority has the same meaning as in Division 4C of Part 2 of the Act.
fishing business card has the same meaning as in Division 3 of Part 11.
fishing business transfer rules means the provisions of Part 10.
high water mark means the mean line between approximate high water at spring tide and neap tide.
inland restricted fishery means the restricted fishery declared under Division 3 of Part 9.
inland waters means waters not subject to tidal influence.
Lord Howe Island waters means the waters within 3 nautical miles of—
(a) the high water mark on Lord Howe Island, or
(b) Balls Pyramid.
ocean waters means waters east of the natural coast line of New South Wales.
protected fish means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act.
recognised fishing ground means an area identified as a recognised fishing ground in accordance with clause 94.
restricted species of fish means any species of fish referred to in Table 1 or Table 2 in clause 6.
sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 9.
southern fish trawl endorsement means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.
southern fish trawl restricted fishery means the restricted fishery declared under Division 2 of Part 9.
Supporting Plan means the Fisheries Management Supporting Plan set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.
the Act means the Fisheries Management Act 1994.
tributary of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water.
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 Regulation.
(2) In this Regulation, the natural coast line is defined by a line drawn along the high water mark of the sea, except as follows—
(a) where an estuary meets the coast—the natural coast line is defined as follows—
(i) if an estuary has two breakwalls at the confluence with the South Pacific Ocean, by a line drawn across the easternmost extremity of both break walls,
(ii) if an estuary has only 1 breakwall, by a line drawn from the easternmost extremity of the breakwall to the northern or southern extremity of the high water mark on the opposite bank,
(iii) if an estuary enters the South Pacific Ocean and there are no defined points available, by a line drawn across the entrance between the easternmost extremity of the drying points on each bank,
(b) in relation to the following waters, the natural coast line is defined as follows—
(i) Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the Northern extremity of Tomaree Point,
(ii) Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head,
(iii) Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head,
(iv) Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point,
(v) Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point,
(vi) Jervis Bay—by a line drawn from the southeastern point of Point Perpendicular to the southeastern point of Bowen Island then to the northeastern point of Governor Head,
(vii) Wagonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head,
(viii) Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point.
(3) A reference in this Regulation to any of the following fisheries is a reference to the share management fishery of that name as described in Schedule 1 to the Act—
(a) abalone fishery,
(b) estuary general fishery,
(c) estuary prawn trawl fishery,
(d) lobster fishery,
(e) ocean hauling fishery,
(f) ocean trap and line fishery,
(g) ocean trawl fishery.
(4) A reference in this Regulation to being convicted of an offence includes a reference to being found guilty of the offence.
(5) A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act.
(6) A reference in this Regulation to a distance upstream or downstream in particular waters is to be read as a reference to the distance as measured along an imaginary line drawn through the centre of those waters.
(7) In this Regulation, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
(8) Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2021 (482), Sch 1[1]; 2022 (688), Sch 3[1].
4 Definitions of fish species
(1) In this Regulation (unless otherwise defined)—
abalone means fish of the species Haliotis rubra.
carp means all species of carp, including goldfish and any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).
freshwater shrimp means fish of the group Caridea.
pipi means fish of the species Donax deltoides.
prawn means fish of the family Penaeidae and Macrobrachium spp.
rock lobster means eastern rock lobster (Sagmariasus verreauxi), southern rock lobster (Jasus edwardsii) and tropical rock lobster (Panulirus spp. except Panulirus cygnus).
saltwater nipper means fish of the genus Callianassa and Alpheus spp.
sea urchin means fish of the class Echinoidea.
shellfish means fish of the classes Gastropoda and Bivalvia.
trout means brook trout (Salvelinus fontinalis), brown trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss).
turban shell means fish of the family Turbinidae.
turban snail means fish of the species Lunella torquata and Turbo militaris.
yabby means fish of the species Cherax.
(2) (Repealed)
cl 4: Am 2022 No 59, Sch 1.16; 2023 (13), Sch 5[1].
5 The share management plan for a fishery prevails over this Regulation
This Regulation is subject to section 62 of the Act.
Note.
Section 62 of the Act provides that if a provision of a share management plan is inconsistent with any other regulation under the Act, the share management plan prevails (unless the provision of the regulation is expressed to have effect despite the share management plan).
Part 2 Prohibited size fish, bag limits, protected fish and protected waters
Note.
Part 7A of the Act deals with the conservation of threatened species of fish and includes prohibitions on the taking of certain species of fish.
Division 1 Prohibited size fish
6 Prohibited size fish
(1) For the purposes of section 15 (1) of the Act, a fish is a prohibited size fish if—
(a) in the case of a fish of a species specified in Table 1—the measurement or weight of the fish is less than the minimum measurement or weight specified for that species of fish, or
(b) in the case of a fish of a species specified in Table 2—the measurement of the fish is more than the maximum measurement specified for that species of fish.
(2) For a species that has both a minimum measurement and a minimum weight, the fish is not a prohibited size fish if either the measurement or the weight exceeds the minimum.
(3) For the purposes of section 15 (2) of the Act, the method of determining the measurement of any class of fish is as follows—
(a) except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail,
(b) in the case of abalone—the diameter of the shell is to be measured along its longest axis,
(c) in the case of balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),
(d) in the case of crab (other than spanner crab)—the length of the crab is to be measured along the body from the notch between the most protruding frontal teeth to the centre of the posterior margin of the carapace,
(e) in the case of spanner crab—the length of the spanner crab is to be measured along the body from the base of the orbital notch to the centre of the posterior margin of the carapace,
(f) in the case of Murray crayfish or other spiny crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace,
(g) in the case of rock lobster—the length of the carapace of the rock lobster is to be measured along the straight line from the point of union of the second antennae to the centre of the posterior margin of the carapace (ignoring any hairs attached to the carapace),
(h) in the case of turban snail—the diameter of the shell is to be measured along its longest axis.
(4) If a fish is frozen, refrigerated or chilled, the size of the fish is to be determined as so frozen, refrigerated or chilled.
Table 1 Prohibited size fish (minimum measurements)
| Common name | Species | Minimum measurement | | Marine and estuarine fish | | Rock Blackfish | Girella elevata | 30 cm | | Black Bream, Southern Bream | Acanthopagrus butcheri | 25 cm | | Yellowfin Bream | Acanthopagrus australis | 25 cm | | Dusky Flathead, Common Flathead | Platycephalus fuscus | 36 cm | | Bluespotted Flathead, Sand Flathead | Platycephalus caeruleopunctatus | 33 cm | | Tiger Flathead | Platycephalus richardsoni | 33 cm | | Flounder | Bothidae spp. and Pleuronectidae spp. | 25 cm | | Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper | Achoerodus viridis | 30 cm | | Luderick | Girella tricuspidata | 27 cm | | Spanish Mackerel | Scomberomorus commerson | 75 cm | | Spotted Mackerel | Scomberomorus munroi | 60 cm | | Mahi Mahi, Dolphinfish | Coryphaena hippurus | 60 cm | | Jackass Morwong | Nemadactylus macropterus | 30 cm | | Red Morwong, Sea Carp | Cheilodactylus fuscus | 30 cm | | Grey Morwong, Rubberlip Morwong | Nemadactylus douglasii | 30 cm | | Sea Mullet, Bully Mullet | Mugil cephalus | 30 cm | | Mulloway | Argyrosomus japonicus | 45 cm | | Pearl Perch | Glaucosoma scapulare | 30 cm | | School Shark | Galeorhinus galeus | 91 cm | | Snapper | Chrysophrys auratus | 30 cm | | Tailor | Pomatomus saltatrix | 30 cm | | Tarwhine | Rhabdosargus sarba | 20 cm | | Teraglin | Atractoscion atelodus | 38 cm | | Silver Trevally | Pseudocaranx georgianus | 30 cm | | Sand Whiting, Silver Whiting | Sillago ciliata | 27 cm | | Yellowtail Kingfish | Seriola lalandi | 65 cm | | Marine and estuarine invertebrates | | Blacklip Abalone, Abalone | Haliotis rubra | 11.7 cm | | Balmain Bug | Ibacus peronii, ibacus chacei | 10 cm | | Blue Swimmer Crab, Sand Crab | Portunus armatus | 6.5 cm in the case of a holder of an endorsement in a share management fishery or the southern fish trawl restricted fishery6 cm in any other case | | Mud Crab, Black Crab, Mangrove Crab | Scylla serrata | 8.5 cm | | Spanner Crab | Ranina ranina | 9.3 cm | | Eastern Rock Lobster | Sagmariasus verreauxi | 10.4 cm | | Southern Rock Lobster (male) | Jasus edwardsii | 11 cm | | Southern Rock Lobster (female) | Jasus edwardsii | 10.5 cm | | Rough Turban Shell, Sydney Turban Snail | Lunella torquata | 7.5 cm | | Military Turban Shell, Military Turban Snail | Turbo militaris | 7.5 cm | | Freshwater and estuarine fish | | Freshwater Catfish, Eel-tailed Catfish | Tandanus tandanus | 30 cm | | Murray Cod | Maccullochella peelii | 55 cm | | Longfin Eel | Anguilla reinhardtii | 58 cm | | Southern Shortfin Eel | Anguilla australis | 30 cm | | Golden Perch, Yellow Belly Perch | Macquaria ambigua | 30 cm | | Silver Perch | Bidyanus bidyanus | 25 cm | | Atlantic Salmon | Salmo salar | 25 cm | | Brook Trout | Salvelinus fontinalis | 25 cm | | Brown Trout | Salmo trutta | 25 cm | | Rainbow Trout | Oncorhynchus mykiss | 25 cm | | Freshwater and estuarine invertebrates | | Spiny Crayfish, Eastern Freshwater Crayfish (other than Murray Crayfish) | Euastacus spp. (other than Euastacus armatus) | 9 cm | | Murray Crayfish | Euastacus armatus | 10 cm | | Minimum weight | | Longfin Eel | Anguilla reinhardtii | 500 grams |
Table 2 Prohibited size fish (maximum measurements)
| Common name | Species | Maximum measurement | | Eastern Rock Lob
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