Fisheries Management (Lobster Share Management Plan) Regulation 2000

This Plan builds on a set of recurring regulatory concepts. The following are the principal concepts, together with the operative clause references.

• Share management and quota. The fishery is managed as a share management fishery. Shareholders hold shares that underlie quota allocations for each fishing period. Minimum and maximum shareholdings are set (clause 5 and clause 6). The Plan requires the TAF Committee to make a TAC determination for eastern rock lobster for each fishing period (clause 52A). The number of tags issued to a shareholder corresponds to the Secretary’s assessment of quota to be taken (clause 35).
• Endorsements, nominated fishers and nomination mechanics. An endorsement is an endorsement on a commercial fishing licence authorising taking of rock lobster (definition, clause 2). Shareholders may nominate commercial fishers to take rock lobster on their behalf (nominated fisher, clause 2). Eligibility and suspension/cancellation grounds are set out (clauses 10-13). A nominated fisher must notify their nominating shareholder within 24 hours if charged with an offence against this Plan, the Act or regulations (clause 13).
• Tagging regime. Tags are issued by the Secretary, have unique identification numbers, remain the Secretary’s property and must be used on TAC rock lobster according to detailed rules (Part 6, clauses 20, 22, 33, 36). Tags must be used in sequential order (clause 25), cannot be re-used except in narrow circumstances (clause 26), and there are reporting and surrender obligations for lost, damaged or unused tags (clause 27, clause 31).
• Record-keeping and reporting. Shareholders and endorsement holders must maintain docket books and complete daily log sheets, including nil activity reports where appropriate, and must forward completed daily log sheets within 48 hours (clause 48, clause 49). For eastern rock lobster, endorsement holders must provide real time catch reports with specific fields and timing requirements (clause 50). There is a fallback paper form procedure when the real time system is unavailable (clause 50A).
• Gear and spatial controls. The Plan defines commercial lobster traps, distinguishing inshore and offshore traps by size and mesh, sets marking and buoy/tagging requirements for traps and exceptions for time-release submerged sets in deep water (clause 40). The Plan prohibits the use of lobster traps in specific waters listed in Schedule 1 (clause 40A and Schedule 1).
• Holding pens and storage. Holding pens must be sealed, sized no larger than permitted trap dimensions for the waters, marked with the endorsement holder’s name and number, and be recorded precisely when lobsters are added or removed, including latitude and longitude and tag numbers (clause 42).
• Financial instruments and incentives. Management charge and community contribution are payable by shareholders, with caps and instalment rules, and interest on late payment (clauses 53-54). Clause 53(1A) specifies the costs attributed to industry, including research and administrative services.
• Compliance and sanctions. The Plan distinguishes endorsement holder offences (clause 55, maximum 100 penalty units) from shareholder offences designated under section 65 of the Act, which may carry larger maximum penalties (note in Division 2). The Plan sets a share forfeiture scheme with demerit points for specified offences and a threshold (6 points) that may trigger forfeiture by Ministerial order (clause 52).

These concepts function together. For example tags and real time reporting operationalise quota monitoring, while demerit points and the potential for share forfeiture create an escalating compliance ladder tied to shareholding rights. Several concepts allocate substantial discretion to the Secretary and the Minister for issuance of tags, determining number of tags, suspension or cancellation of endorsements, and attribution of management costs (clauses 33, 35, 11, 12, 53(1A) and 1B).

The Plan assigns duties and costs across a small set of identified actors. Those who primarily pay, decide or change behaviour under the Plan are the following.

• Shareholders. Defined as holders of shares in the fishery (clause 2), shareholders bear the principal financial obligations. They are liable for the management charge, capped at $98 per share (clause 53(1)), and the community contribution ($115 per fishing period, clause 54(4)). Shareholders also must ensure nominated fishers are provided with docket books (clause 48(1)) and must surrender unused tags at the end of the fishing period where those tags are in the shareholder’s possession or control (clause 31(1)). Shareholders face the share forfeiture regime: designated offences attract demerit points recorded in the Share Register and a threshold of 6 points can lead to Ministerial forfeiture (clause 52).
• Endorsement holders and nominated fishers. An endorsement is an endorsement on a commercial fishing licence authorising rock lobster take (clause 2). Endorsement holders who take rock lobster must comply with the tagging obligations (clause 22), gear and boat marking rules (clause 40, clause 44), reporting and logbook duties (clauses 48-50), and holding pen recording duties (clause 42). Nominated fishers are expressly regulated with eligibility tests that can exclude those with recent convictions or pending charges (clause 10) and must notify the nominating shareholder within 24 hours if charged with specified offences (clause 13).
• Minister. The Minister retains decision-making roles, including directions to the TAF or TAC Committees under the Act and power to suspend or cancel endorsements through the processes in the Plan (clauses 11, 12). The Minister may order forfeiture of all shares held by a shareholder if demerit points reach the threshold (clause 52(4)). The Minister may also approve instalment arrangements for charges (clauses 53(3), 54(6)) and determine other costs attributable to industry after consultation (clause 53(1A) and 1B).
• The Secretary and NSW Fisheries. The Secretary issues tags (clause 33), may refuse to issue tags until management charges are paid (clause 34(3)), determines the number of tags to be issued in relation to quota (clause 35), may authorise use of tags issued to others (clause 24(1)), and accepts surrendered or returned tags (clauses 27, 31, 32). Fisheries officers enforce tagging and inspection provisions and may require production of unused tags or inspection of holding pens (clauses 28, 43).
• Fisheries officers and enforcement agencies. Fisheries officers have powers to require production of unused tags (clause 28), to inspect holding pens (clause 43), and to enforce tagging, logbook, reporting and gear rules under the Act, as referenced in multiple provisions. The Plan designates certain contraventions as endorsement holder offences or shareholder offences, which channel enforcement and penalty regimes (Division 2 note, clause 55).
• Buyers and subsequent possessors. Although not primary targets of the Plan, persons who purchase rock lobster will be affected insofar as tags may be attached to sold lobsters (clause 29(4), clause 30(4) permit giving attached tags to purchasers), and possession limits and size rules under the Fisheries Management (General) Regulation 2019 remain applicable as noted in clause 56.

Who pays. Shareholders pay management charges and community contributions (clauses 53 and 54). Endorsement holders incur operational compliance costs such as tags, logbooks, record-keeping, boat marking, and real time reporting equipment and time, plus potential penalties for breaches (clauses 22, 33, 49-50, 44, 55).

Who decides. The Secretary has operational discretion over tag issuance and quantity (clauses 33, 35, 34(3)). The Minister has regulatory discretion over endorsement refusals and cancellations (clauses 11-12), attribution of management costs (clause 53(1A) and (1B)), and share forfeiture (clause 52). The TAF Committee is tasked with making TAC determinations for eastern rock lobster (clause 52A).

Behaviour changes required. Shareholders must retain minimum shareholdings to exercise harvest rights (clause 5); endorsement holders must attach and manage tags, maintain and transmit records, and comply with gear and spatial constraints (clauses 22, 25, 26, 48-50, 40, Schedule 1). The Plan therefore shifts daily operational practices (tagging and reporting) and capital/administrative costs onto shareholders and endorsement holders.

This section lists the principal duties imposed on regulated actors and the rights or discretions conferred on public authorities, with direct references to the Plan.

Key duties imposed on shareholders

• Maintain minimum shareholding. Shareholders must hold at least the minimum number of shares to exercise fishing rights (clause 5). The minimum is 55 shares, with a transitional 12-share concession for persons who held shares at the Plan’s commencement, but that concession is lost on any transfer of those shares (clause 5(1)-(3)).
• Financial obligations. Shareholders must pay the management charge, subject to a $98 per share cap (clause 53(1)), and the community contribution, fixed at $115 for subsequent fishing periods (clause 54(4)). Interest on late payments is payable (clauses 53(2), 54(5)).
• Tag custody and surrender. Shareholders must ensure that unused tags in their possession or control are surrendered within 30 days after the fishing period (clause 31(1)). Shareholders must not give tags to another person except in limited circumstances (clause 29(1)-(2)).

Key duties imposed on endorsement holders and nominated fishers

• Tag attachment and handling. An endorsement holder who takes rock lobster must attach a Secretary-issued tag in specified circumstances and in the prescribed manner, including trimming the tail flush with the locking mechanism immediately after attachment (clause 22(1)-(4)). Tags must be used only by endorsement holders or under tightly controlled circumstances (clause 23).
• Sequential and single use. Tags issued to an endorsement holder must be used in sequential order of their tag numbers (clause 25) and cannot be re-used once attached or if broken, except for limited re-attachment if a tag falls off (clause 26).
• Reporting and logbook completion. Endorsement holders must carry and use a docket book and daily log sheets, complete daily records immediately after landing or before moving more than 25 metres from the landing point, and forward copies to the Secretary within 48 hours after the end of the day (clause 48(1), clause 49(2), clause 49(4)).
• Real time reporting and presence requirement. Endorsement holders must file a catch report for each catch of eastern rock lobster, including licence registration number, fishing business number and catch weight, before the catch is placed in a holding pen, or before the catch is taken out of New South Wales, or within 2 hours of landing, whichever is earlier, and must remain in the immediate vicinity of the catch until the report is made (clause 50(1)-(3)).
• Holding pen records and marking. Holding pens must be sealed and sized no larger than lawful commercial lobster traps for the waters (clause 42(1)(a)-(b)). Endorsement holders must record latitude and longitude, number of lobsters added to or removed from pens, and tag numbers on daily log sheets (clause 42(2) and 2A).
• Gear, boat marking and prohibitions. Endorsement holders must use only permitted traps or hand methods (clause 39) and mark boats in prescribed letters and size where taking rock lobster for sale (clause 44(1)), and must comply with the trap buoy/tag marking requirements (clause 40(2)).

Rights, discretions and administrative powers

• Secretary’s tag issuance and determination. The Secretary may issue tags only to shareholders, must stamp them with unique numbers, and may refuse issue until any management charge instalment payable by the shareholder has been paid (clauses 33(1)-(3), 34(3)). The Secretary also determines the number of tags necessary to allow a shareholder to take their quota (clause 35).
• Ministerial endorsement and suspension powers. The Minister may refuse to endorse a commercial fishing licence if the applicant or their nominating shareholder has certain convictions or pending charges (clause 11). The Minister may suspend or cancel endorsements for defined grounds, and may suspend on request for specified periods (clause 12).
• TAF Committee role. The Plan requires the TAF Committee to make TAC determinations for eastern rock lobster each fishing period (clause 52A). The Plan notes the Minister may direct the TAC Committee under the Act.
• Share forfeiture power. The Minister may order forfeiture of all shares held by a shareholder if demerit points recorded for that shareholder reach or exceed 6 (clause 52(4)). The Secretary is required to record offences and demerit points in the Share Register (clause 52(2)).

Other operational duties

• Production and inspection requests from fisheries officers. Fisheries officers may require production of unused tags (clause 28(1)) and may require inspection of holding pens and other storage facilities (clause 43(1)). Compliance with these requirements is a condition of an endorsement (clause 43(2)).
• Compliance with other statutory restrictions. The Plan does not displace restrictions under the Fisheries Management Act or Fisheries Management (General) Regulation 2019 concerning size limits, closures and protected ova (clause 56).

These duties impose both recurring operational obligations (daily log completion, tag attachment, real time reporting) and periodic financial duties (management charge and community contribution). Administrative discretion is concentrated with the Secretary (tags, number issued, refusal pending payments) and the Minister (endorsement refusal or cancellation, demerit-triggered forfeiture, attribution of management costs), as specified in the cited clauses.

The Plan sets out a mixed enforcement architecture that distinguishes types of offences, allocates monitoring and inspection powers to fisheries officers and confers demerit and forfeiture consequences linked to shareholding rights.

Offence categories and penalties

• Endorsement holder offences. Clause 55 defines an endorsement holder offence as a contravention of any provision of the Plan that is designated as such. The maximum penalty for an endorsement holder offence is 100 penalty units (clause 55). Numerous provisions explicitly state that contravention is an endorsement holder offence, for example clause 22(6) (tagging), clause 24(3) (use of tags issued to others), clause 26(2) (re-use of tags), clause 27(3) and (7) (possession/use of used or reported tags), clause 28(2) (failure to produce tags), clause 30(3) and clause 31(2) (surrendering unused tags).
• Shareholder offences under s 65 of the Act. The Plan notes in Division 2 that some offences may be designated as shareholder offences for the purposes of section 65 of the Act. The note explains that a shareholder offence may carry a maximum penalty of 1,000 penalty units for a corporation or 500 penalty units for an individual. Specific clauses designate contraventions as offences for the purposes of section 65, for example clause 29(3) (giving tag to another person) and clause 48(5) (failure to provide docket books).
• Share forfeiture offences and demerit points. Clause 52 designates certain offences as share forfeiture offences, attaches demerit points in a Table, and requires the Secretary to record offences and demerit points in the Share Register (clause 52(1)-(2)). Demerit points are not cancelled by time (clause 52(3)). The Minister may order forfeiture of all shares held by a shareholder if the total demerit points reach or exceed 6 (clause 52(4)). The Table includes 2 points for contraventions of clause 22, 2 points for clause 49 breaches, 3 points for offences under Fisheries Management (General) Regulation clause 75, and 3 points for any offence against the Act or regulations punishable by imprisonment.
• Other statutory enforcement. Several Plan provisions refer to the Act for additional offences and maximum penalties, notably clause 39 refers to section 24 of the Act regarding the lawful use of traps, which carries substantial penalties. Clause 56 cross-references prohibited size and ova provisions in the Fisheries Management (General) Regulation 2019.

Enforcement and inspection powers

• Fisheries officers’ powers. Fisheries officers may require production of unused tags (clause 28(1)) and may require endorsement holders to make holding pens or storage facilities available for inspection at specified times and places (clause 43(1)). Compliance with inspection requirements is made a condition of a commercial fishing licence endorsement (clause 43(2)).
• Reporting-based monitoring. The Plan builds monitoring into daily practices through daily log sheets, docket books, nil activity reports (clause 49), and the real time catch reporting obligation for eastern rock lobster (clause 50). Those reporting obligations create both administrative records for compliance assessment and trigger points for fisheries officer follow-up.
• Administrative sanctions and financial remedies. The Plan includes interest on late payments of management charges and community contributions at the rate for Supreme Court judgments (clause 53(2), clause 54(5)), and allows instalment payments with Ministerial approval (clause 53(3), clause 54(6)). The Plan also authorises the Minister to sell forfeited shares by public tender and to distribute proceeds to persons with interests in those shares (clause 52(5) referencing section 75B(2) of the Act).

Procedural points relevant to enforcement risk

• Differentiated penalties. The Plan distinguishes lower maximum penalties for endorsement holder offences (100 penalty units) from potentially much higher penalties for shareholder offences under the Act (up to 500 or 1,000 penalty units depending on the offender). This differentiation concentrates larger financial exposure on the shareholder legal entity when offences are designated under section 65.
• Demerit architecture. Demerit points are persistent and not cancelled by the passage of time (clause 52(3)), so repeated transgressions accumulate towards loss of property rights (clause 52(4)). The Secretary records demerit points in the Share Register, which introduces a public administrative record tied directly to shareholding.
• Discretionary Ministerial remedies. The Minister has statutory discretion to order forfeiture once the demerit threshold is reached (clause 52(4)). The Plan anticipates sale by public tender and provides for distribution of net proceeds to persons with interests in those shares other than the defaulting shareholder (clause 52(5)).

These enforcement features combine day-to-day compliance monitoring via reporting and tagging with escalation mechanisms (demerit points and forfeiture) that convert regulatory non-compliance into potential loss of property rights. The Plan embeds inspection powers and makes several contraventions a condition of licence endorsement, aligning administrative enforcement tools with the license and endorsement framework.

The Plan is drafted as a subordinate instrument interacting repeatedly with the Fisheries Management Act 1994 and the Fisheries Management (General) Regulation 2019, as well as adopting components of the Fisheries Management Supporting Plan. The following are the principal interactions, with clause references.

• Dependence on the Fisheries Management Act 1994. The Plan repeatedly cross-references sections of the Act. Clause 3 is drafted for purposes of section 57(2)(a) and (b) of the Act in setting objectives, performance indicators and triggers for review. Clause 52 refers to section 75(1) of the Act for share forfeiture authority, and clause 52(5) references section 75B(2) for sale of forfeited shares by public tender. Clause 53 cites section 76 in relation to the management charge, and clause 54 cites section 77 in relation to the community contribution. Clause 50 uses sections 124A(1) and (3)(a) regarding real time catch reporting and section 68(6A) concerning the endorsement condition to remain in the immediate vicinity until the catch report is made. Clause 55 defines endorsement holder offences within the Plan’s framework for enforcement under the Act.
• Complement with the Fisheries Management (General) Regulation 2019. The Plan incorporates and defers to the General Regulation for matters such as size measurement and prohibited sizes, and specific offences such as clause 75 of the General Regulation (clause 56). Clause 45 refers to that General Regulation for the prescribed method of measuring carapace length. Clause 56 explicitly states the Plan does not affect restrictions under the Act or the regulations, and specifically mentions minimum and maximum size limits in the General Regulation as continuing constraints.
• Adoption of aspects of the Supporting Plan. Clause 56A adopts certain provisions from the Fisheries Management Supporting Plan set out in the Supporting Plan Regulation 2006, including Part 2A, Part 3, clause 21 and clause 22 of that Supporting Plan, as they relate to the fishery. That adoption is for the purposes of section 57A(5) of the Act and means the Plan imports those supporting provisions by reference as in force from time to time.
• TAC and committee interactions. Clause 52A requires the TAF Committee to make TAC determinations for eastern rock lobster each fishing period. The Plan also notes that under section 40K of the Act the Minister may direct the TAC Committee as to matters to be taken into account when making a fishing determination. The Plan’s quota, tagging and reporting systems are calibrated to track TAC and quota allocations made under the Act’s Part 2A.
• Statutory offence architecture. The Plan nests its offence designations into the Act’s enforcement architecture. Division 2 warns that some Plan offences are designated as shareholder offences for the purposes of section 65 of the Act and thus carry the heavier penalties available under the Act. Conversely, other offences are designated as endorsement holder offences with a lower maximum penalty set by the Plan (clause 55).
• Transitional and amendment interactions. Clause 57 authorises amendment of the Plan for the purposes of section 64 of the Act. Clause 58 provides specific savings and transitional treatment for quota arrangements related to the 2017/2018 fishing period, treating TAC determinations made by a predecessor committee as if made under the Plan as substituted by an amending regulation.

In summary, the Plan is embedded in the Act’s institutional framework. It delegates operational powers to the Secretary, links TAC processes to committee determinations under the Act, adopts supporting-plan provisions, and relies on the General Regulation for technical measures such as size measurement and specific statutory offences. The Plan’s offence designations and share-forfeiture arrangements operate within the Act’s enforcement machinery rather than replacing it.

The Appendix and related clauses provide an explicit amendment history and authorisation framework. The text supplied records many discrete amendments and provides an authorising clause for future amendment. The main points from the instrument itself are as follows.

• Multiple amendments recorded in the Appendix. The Appendix to the Plan lists a long series of amendments by date and instrument, spanning 2001 through 2023. The Appendix header shows an amendment list with dates and instrument identifiers including amendments on 29.6.2001; 28.6.2002; 17.1.2003; 27.6.2003; 25.6.2004; 25.2.2005; several 2005 identifiers; numerous amendments in 2006, 2007 and later years; and continuing entries up to 2023 (Appendix, amendment list). The Appendix notes specific amending instruments by year and number in square bracket notation as provided in the Plan text.
• Clause 57 authorises amendment. Clause 57 states that for the purposes of section 64 of the Act, any amendment to this Plan is authorised. That provides the statutory base for subsequent changes to the Plan by the relevant amending regulations under the Act’s section 64 process.
• Specific transitional amendment example. Clause 58 records a particular savings and transitional arrangement connected to the Fisheries Management Legislation Amendment (Quota Management) Regulation 2017. It treats the TAC determination made by the TAC Committee for the 2017/2018 period as if it had been made by the TAF Committee under the Plan as substituted by that amending Regulation (clause 58(1)-(5)). Clause 58 also defines the 2017/2018 fishing period and names the amending Regulation by reference.
• Repeals documented. Several clauses contain lines marked “(Repealed)”, for example clauses 3, 4, 7-9, clause 15-19, clause 37, clause 47, clause 60 and some subclauses. Those repeals are recorded in-place without text, indicating prior provisions have been removed over time, and the Appendix records amendment instruments that effected earlier changes.
• Ongoing adoption of supporting plan updates. Clause 56A adopts certain provisions of the Fisheries Management Supporting Plan “as in force from time to time.” That means amendments to the Supporting Plan Regulation will flow through to the Lobster Share Management Plan in those adopted parts, unless separately amended.

The Plan therefore has an active amendment record and an express mechanism for further amendment. The Appendix lists the sequence of historical amendments and specific instruments, while clause 57 grants the statutory authority for amendments under the relevant Act provision. The Plan also contains discrete repeal markers where earlier provisions have been removed, and it imports supporting-plan provisions dynamically by reference.

The Plan text as supplied does not name or record any judicial decisions or litigation history. No cases are reported or cited in the Plan itself, and the instrument contains no express summaries of litigation outcomes. The only references to judicial mechanisms are citations to the Act and to interest rates “payable from time to time in respect of judgments of the Supreme Court” for late payments of charges (clauses 53(2) and 54(5)), which is a reference to a statutory method for setting interest, rather than a case history.

What the Plan does supply, and therefore what could give rise to litigation in practice, are a number of administratively reviewable or potentially contestable decision points that can be litigated under the Act or via judicial review principles. The instrument itself provides the mechanisms and administrative discretions that could be the subject of legal challenge, for example:

• Endorsement refusals and suspensions. The Minister may refuse to endorse or may suspend/cancel endorsements on prescribed grounds, including criminal convictions or contraventions of the Plan (clauses 11 and 12). Those are common subjects of administrative review or judicial review proceedings, although the Plan does not itself contain litigation records.
• Tag issuance and quantity determinations. The Secretary may issue tags only to shareholders and determine the number of tags required to allow quota to be taken, having regard to past catches and other factors (clauses 33-35). Disputes could arise over the Secretary’s exercise of that discretion.
• Share forfeiture for accumulated demerit points. The Plan gives the Minister the power to order forfeiture of all shares if demerit points reach or exceed 6 (clause 52(4)). Forfeiture of property rights typically generates legal contestation over procedural fairness, accuracy of recorded incidents and scope of discretion, even though no judicial decisions are recorded in the Plan.
• Financial charges and attribution of costs. Clause 53(1A) attributes certain management costs to industry and clause 53(1B) allows the Minister to reduce industry-attributed costs to recognise savings or public benefits. Disputes may arise over what costs are properly attributed and whether attribution complies with the Act and any statutory tests.
• Real time reporting and enforcement. Clause 50 imposes a strict timing regime for catch reports, and clause 50(3) conditions endorsement on remaining in the immediate vicinity until the report is made. Enforcement actions and sanctions for alleged non-compliance with real time reporting could be litigated for reasonableness or the lawfulness of enforcement steps.

The Plan contains no internal summaries of litigation or court rulings. For litigation history, practitioners must consult case law databases and decisions under the Fisheries Management Act 1994 and related judicial review decisions, none of which are reproduced in the Plan text itself.

The Plan contains several operational and legal pitfalls that can catch shareholders and endorsement holders unaware. The following are concrete “gotchas”, grounded in the Plan text and the clause references.

• Minimum shareholding changes on transfer. A person who held shares at the Plan’s commencement is allowed a 12-share minimum under clause 5(2). However, if that person transfers any of those shares the minimum for that person increases to 55 shares (clause 5(3)). That means a partial transfer can convert a previously concessional shareholder into one who no longer meets the minimum and may lose fishing rights.
• Tags remain government property and tight controls on their use. Tags are the property of the Secretary (clause 36). Shareholders and endorsement holders cannot freely dispose of tags. Using tags issued to another endorsement holder is prohibited unless authorised by the Secretary (clause 24(1)). Possession or use of used tags or tags reported as lost is subject to specific prohibitions (clause 27(3) and (7)). These rules limit commercial flexibility and impose custody obligations.
• Sequential numbering and single use. Tags must be used in numerical sequence (clause 25) and must not be re-used once attached, except narrowly if the tag falls off and can be re-attached in the required manner (clause 26). Operationally, that requires careful stock control and introduces loss risk if tags are lost or damaged.
• Immediate trimming and 25 metre rule. After attaching a tag the endorsement holder must immediately trim the tail of the tag so it is flush with the locking mechanism (clause 22(4)). Tags must be attached either before transferring lobsters to another boat or holding pen, or immediately after landing but no more than 25 metres from the point of landing and before entering premises (clause 22(1)). Those physical constraints create strict timing for processing catches.
• Real time reporting timing and presence requirement. Catch reports must be made before the catch is placed in a holding pen, or before being taken out of New South Wales, or within 2 hours of landing, whichever occurs first (clause 50(2)). Endorsement holders must remain in the immediate vicinity of the catch until the report has been made (clause 50(3)). That can constrain processing and movement and requires immediate access to reporting means.
• Docket books and transmission deadlines. Endorsement holders must have a docket book when taking lobster and must forward completed daily log sheets within 48 hours after the end of the day on which the log was required (clause 48(1), clause 49(4)). Failure to forward within the time frame is an endorsement holder offence (clause 49(6)). The Plan anticipates electronic transmission by facsimile or other approved means, but the endorsement holder remains responsible for timely submission.
• Demerit points are permanent. Demerit points recorded under clause 52(2) are not cancelled by the expiration of time (clause 52(3)). Accumulation to 6 points triggers potential forfeiture by the Minister (clause 52(4)). This permanence means older incidents can combine with recent breaches to reach the threshold.
• Different penalty regimes for similar conduct. Some contraventions are endorsement holder offences with a maximum penalty of 100 penalty units (clause 55), while others are shareholder offences under section 65 of the Act with much higher maxima as explained in Division 2 notes. Practitioners must check whether a contravention is designated as a shareholder offence or an endorsement holder offence before assessing exposure.
• Tags must be returned at period end and upon suspension. Unused tags in a shareholder’s possession must be surrendered within 30 days after the fishing period ends (clause 31(1)). If an endorsement is suspended or cancelled the endorsement holder must immediately surrender unused tags (clause 32(1)). Failure to do so is an offence.
• Management charge cap and cost attribution. The Plan caps the management charge at $98 per share (clause 53(1)), but clause 53(1A) attributes a wide set of management costs to industry and clause 53(1B) allows the Minister to adjust attribution. The cap limits per-share immediately payable charges, but the attribution rule signals scope for industry funding of multiple categories of management.
• Trap prohibitions in specific waters. Schedule 1 lists waters where lobster traps are prohibited (clause 40A). Those spatial prohibitions are specific and numerous, and they interact with trap design rules and time-release exceptions under clause 40(3). Operators must consult Schedule 1 precisely to avoid unauthorised use.
• Plan applies only to TAC species. The tagging and TAC-specific provisions apply only in respect of rock lobster that are subject to a TAC determination (clause 21). The Plan notes that presently only eastern rock lobster are subject to a TAC, so tagging obligations do not apply to other species unless a TAC determination is made.
• Supply chain tag transfer limitations. While attached tags may be transferred to a purchaser (clause 29(4), clause 30(4)), lending or otherwise making tags available for use by another person is prohibited (clause 29(5), clause 30(5)). Commercial arrangements that rely on tag sharing between vessels or crews require careful structuring and Secretary authorisation where necessary.

Each of these points creates implementation risks, compliance costs, or exposure to escalating sanctions if not carefully managed. The Plan embeds many small operational details that can generate administrative or legal exposure if overlooked.

This is a practical compliance checklist drawn strictly from the Plan text. It is organised by actor and task, with clause references. It is not legal advice, but it is a compliance-oriented map of the Plan’s requirements.

For shareholders

• Maintain the required minimum shareholding. Ensure you meet the minimum shareholding thresholds: generally 55 shares for new acquirers, with the transitional 12-share concession only for those who held shares at Plan commencement and only so long as they have not transferred any shares (clause 5(1)-(3)).
• Pay financial obligations on time. Pay the management charge, not to exceed $98 per share, and the community contribution ($115 per fishing period for subsequent periods). Note interest for late payment is payable at the Supreme Court judgment rate and instalments may be arranged with Ministerial approval (clauses 53(1)-(3), clause 54(1)-(6)).
• Comply with tag custody and surrender rules. If you hold unused tags at the end of a fishing period, ensure they are surrendered to the Secretary within 30 days (clause 31(1)). If an endorsement is suspended or cancelled, ensure unused tags are immediately surrendered to the Secretary or authorised person (clause 32(1)). Do not give tags to others except as permitted (clause 29(1)-(2)); when tags are attached to sold lobsters you may transfer the attached tag with the lobster (clause 29(4)).
• Provide docket books to nominated fishers. Ensure nominated fishers have docket books for the fishing period (clause 48(1)) and retain records of issue and returns.

For endorsement holders and nominated fishers

• Use only authorised methods and traps. Take lobster only by hand or an authorised commercial lobster trap (clause 39). Ensure any trap used complies with the dimensions and conditions set out in clause 40 and is marked as required. Consult Schedule 1 before setting traps to confirm the waters are not prohibited (clause 40A and Schedule 1).
• Tagging obligations. Attach a Secretary-issued tag to each eastern rock lobster (TAC species) in the circumstances specified: before transfer to another boat or holding pen, or immediately after landing but within 25 metres of the point of landing and before entering premises (clause 22(1)-(4)). Trim the tag tail flush with the locking mechanism immediately after attachment (clause 22(4)). Use only tags issued for the current fishing period (clause 22(2)), use tags in sequential order (clause 25) and do not re-use previously attached or damaged tags (clause 26).
• Report lost or damaged tags promptly. If a tag is lost, stolen or destroyed, give the Secretary written notice as soon as practicable and include the tag number (clause 27(1)-(2)). If a tag is damaged so the tag number is illegible or cannot attach properly, give or send the tag to the Secretary within 7 days with explanation, and attach a new tag (clause 27(4)-(5)). If a tag falls off after attachment and cannot be re-attached, destroy the tag by cutting the locking mechanism in half and send it to the Secretary within 7 days with explanation, then attach a new tag (clause 27(6)).
• Maintain and forward docket books and daily log sheets. Carry the docket book while taking or attempting to take rock lobster (clause 49(1)). Complete required sections of the daily log sheet immediately after landing or transferring to/from holding pens and before moving more than 25 metres from the landing point, and forward a copy to the Secretary by facsimile or other approved means within 48 hours of the end of the day (clause 49(2), 49(4)). If you take no rock lobster in a month because you did not attempt fishing, complete a nil fishing activity report on the last day of the month and forward it within 48 hours (clause 49(5)).
• Real time catch reporting for eastern rock lobster. For each catch of eastern rock lobster, provide a catch report to the Secretary including the licence registration number, the fishing business number, and the weight of the catch, before the catch is placed in a holding pen, or before it is taken out of NSW, or within 2 hours of landing, whichever is earlier (clause 50(1)-(2)). Remain in the immediate vicinity of the catch until the catch report is made; being elsewhere before reporting is an offence and a condition of endorsement (clause 50(3)-(4)). If the real time system is unavailable, complete and send the approved form within the time specified (clause 50A).
• Carry measurement devices. Have an instrument suitable for measuring rock lobster length as provided in the Fisheries Management (General) Regulation 2019 before taking or attempting to take rock lobster (clause 45(1)-(2)).
• Holding pen compliance. If using a holding pen, ensure it is sealed, no larger than permitted trap dimensions for the waters, displays the endorsement holder’s name and number, and keep precise records of latitude and longitude, number of lobsters added or removed and tag numbers on the daily log sheet (clauses 42(1)-(2A), 42(3)-(4)).
• Boat marking and transfers. Display “RL” immediately before “LFB” on bow or wheelhouse per clause 44(1) and follow the prescribed dimensions. Do not transfer rock lobster from boat to boat except as authorised (clause 44(2)-(3)).
• Do not possess or use prohibited implements. Do not use or be in possession on board a fishing boat of fish spikes, clubs or similar implements that could injure fish in the catch, except a knife for lawful killing or processing of retained fish (clause 46).
• Produce tags and facilitate inspections. Produce unused tags on demand to fisheries officers (clause 28(1)-(2)) and make holding pens available for inspection at times and places specified by a fisheries officer (clause 43(1)).
• Avoid conduct that triggers demerit points. Be aware which offences are listed in the share forfeiture Table (clause 52) and the demerit points assigned; repeated contraventions can lead to forfeiture once points reach or exceed 6 (clause 52(4)).

Administrative engagement and approvals

• Seek Secretary authorisation where permitted. If considering use of tags issued to another endorsement holder, obtain written authorisation from the Secretary (clause 24(1)). If you believe you require more tags than initially issued, apply to the Secretary for further tags and provide evidence of previous catch rates if needed (clause 35(2)-(4)).
• Track and reconcile tag stocks. Because tags are sequential and government property, implement stock controls to reconcile tag numbers used, returned, damaged and lost, and report promptly to the Secretary under clause 27 where necessary.
• Record and retain transactional evidence. Keep copies of daily log sheets, nil activity reports, tag surrender records, and catch report confirmations to support compliance and to respond to any enforcement queries or demerit recordings.

Operational suggestions implicit in the Plan

• Build systems for immediate reporting. Real time reporting and the 2-hour catch report deadline mean operators should have reliable communications equipment accessible at the point of landing and a compressed processing workflow for tagging and weighing.
• Maintain a compliance register linked to Share Register outcomes. Given the permanent nature of demerit points, maintain a register of incidents, explanations and corrective actions to evidence mitigation of repeat contraventions.
• Budget and cashflow planning for charges. Factor the capped management charge and community contribution into annual budgets, and plan for potential instalment approvals under clauses 53 and 54 if cashflow requires it.

Following these steps, and mapping internal procedures to the specific clause references quoted above, will address the principal obligations and reduce the risk of enforcement action or demerit accumulation under the Plan.