The Regulation gives legal effect to the Lobster Share Management Plan, establishing quota shares, licence endorsements, fish tags, reporting, gear/area rules, charges and sanctions that govern the commercial rock lobster fishery. It affects shareholders, endorsed fishers and industry by limiting entry and holdings, imposing per‑share management and community charges, and requiring sequential tagging, real‑time reporting and logbooks.
Control and enforcement rest with the Minister (endorsements, forfeiture, cost apportionment), the Secretary (tags, administration) and the TAF Committee (TAC), so compliance determines access and penalties.
This Regulation gives effect to the Lobster Share Management Plan, set out in the Appendix, and prescribes a detailed management regime for rock lobster in the share-managed lobster fishery. Mechanically the instrument does the following.
Declares the Lobster Share Management Plan and its scope (clause 1, Appendix). The Plan applies only to rock lobster that are subject to a TAC determination (clause 21), which the Plan notes is presently eastern rock lobster (Sagmariasus verreauxi).
Establishes objectives and performance indicators for the Plan (clause 3, Table). Those objectives include increasing eastern rock lobster biomass, avoiding broader ecosystem impacts, containing management costs, ensuring research and monitoring, and minimising offences, with specific performance indicators and triggers for review.
Fixes shareholding rules, including a minimum shareholding (55 shares for new acquirers; transitional 12-share concession for pre-existing holders, clause 5), and a maximum shareholding (3,848 shares, clause 6).
Regulates endorsements and nominated fishers: eligibility, suspension and cancellation criteria, notification duties when nominated fishers are charged (clauses 10-13).
Introduces a tagging regime for TAC species (Part 6, clauses 20-37). Tags are issued by the Secretary to shareholders (clause 33), remain the property of the Secretary (clause 36), must be attached to east coast TAC lobsters in specified contexts (clause 22), used in sequential order (clause 25), not re-used (clause 26), and returned or surrendered in prescribed circumstances (clauses 27, 31, 32).
Sets gear, boat and holding pen rules, including what constitutes a commercial lobster trap, marking requirements for traps and boats, the circumstances in which traps may not be used (clause 40 and Schedule 1), and holding pen dimensions and record obligations (clauses 40, 42, 44).
Current sections
Direct links to the current provisions in Fisheries Management (Lobster Share Management Plan) Regulation 2000.
The Lobster Share Management Plan set out in the Appendix to this Regulation has effect.
3
3
3 (Repealed)
4
Notes
4 Notes
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation (including notes in the Appendix) do not form part of this Regulation.
(1) The minimum shareholding in the fishery is 55 shares.
(2) Despite subclause (1), the minimum shareholding in respect of a person who held shares in the fishery at the commencement of this Plan is 12 shares.
(3) If a person who held shares at the commencement of this Plan transfers any of those shares the minimum shareholding in respect of the person increases to 55 shares.
Note—
A person who holds shares in the share management fishery is not entitled to take fish in the fishery or to nominate another person to do so on the shareholder’s behalf unless the shareholder has the minimum shareholding for the fishery (see sections 66 and 67 of the Act). This clause applies a minimum shareholding of 55 shares to a person who first acquires shares in the fishery after the commencement of this Plan, and to any person who held shares in the fishery at the commencement of this Plan and who transfers any of them.
6
Maximum shareholding
6 Maximum shareholding
6 Maximum shareholding
The maximum shareholding in the fishery is 3,848 shares.
7
7
7–9 (Repealed)
Part 4
Endorsements and nominated fishers
Part 4 Endorsements and nominated fishers
Part 4 Endorsements and nominated fishers
10
Nominated fishers
10 Nominated fishers
10 Nominated fishers
(1) A person may not be nominated by a shareholder to take rock lobster on behalf of the shareholder if—
(a) the person has been convicted, within the period of 3 years before the nomination is made, of a rock lobster offence or a serious offence, or
(b) the person has been charged with or summoned for a rock lobster offence or a serious offence and proceedings with respect to that offence are pending.
The Minister may refuse to endorse the commercial fishing licence of a commercial fisher if—
(a) the commercial fisher has been convicted of a rock lobster offence, or a serious offence, within the period of 3 years before the application for endorsement is made, or
(b) the commercial fisher is nominated by a shareholder who has been convicted of a serious offence within the period of 3 years before the application for endorsement is made.
Note—
Section 68 of the Act provides that an application for endorsement is to be made in the form and manner approved by the Minister.
12
Grounds for suspension or cancellation of endorsement
12 Grounds for suspension or cancellation of endorsement
12 Grounds for suspension or cancellation of endorsement
(1) The Minister may suspend or cancel an endorsement of a nominated fisher if—
(a) the fisher does anything that would be grounds for cancellation or suspension of the fisher’s commercial fishing licence, or
(b) the Minister is satisfied that the fisher has contravened a provision of this Plan, or
(c) the shareholder who nominated the fisher—
(i) revokes the nomination, or
(ii) nominates another commercial fisher to take rock lobster in the fishery on the shareholder’s behalf, or
(iii) is convicted of a rock lobster offence or a serious offence, or
(iv) becomes the nominated fisher of another shareholder in the same fishery.
(2) The Minister may suspend or cancel an endorsement of a commercial fisher who is a shareholder if—
(a) the shareholder is convicted of a rock lobster offence or a serious offence, or
(b) the Minister is satisfied that the shareholder has contravened a provision of this Plan, or
(c) the shareholder becomes the nominated fisher of another shareholder in the same fishery.
(3) The Minister may suspend an endorsement for a specified period of no less than 4 weeks at the request of the holder of the endorsed licence. The suspension period may be shortened or lengthened by the Minister on request of the holder of the endorsement.
Note—
An endorsement may be suspended or cancelled if the holder of the licence ceases to be eligible to have the licence endorsed, for instance, because the holder holds less than the minimum shareholding in the fishery. The endorsement may also be cancelled or suspended if the shareholder fails to pay any community contribution, management charge or other amount due under Part 3 of the Act. (See section 68 (7) of the Act.) If an endorsement of a shareholder is suspended or cancelled, the shareholder is not entitled to nominate another person to take rock lobster on the shareholder’s behalf (see section 68 (8) of the Act).
13
Nominated fisher to notify shareholder of alleged offence
13 Nominated fisher to notify shareholder of alleged offence
13 Nominated fisher to notify shareholder of alleged offence
(1) A nominated fisher must notify the shareholder who nominated him or her to take rock lobster in the fishery on the shareholder’s behalf if the person is charged with an offence against this Plan, the Act or the regulations under the Act.
(2) The notice must be given to the shareholder within 24 hours after the nominated fisher is charged with the offence.
(3) A contravention of this clause is an endorsement holder offence.
Part 5
Part 5
Part 5
15–19 (Repealed)
Part 6
Tags for rock lobster
Part 6 Tags for rock lobster
Part 6 Tags for rock lobster
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
20
Definitions
20 Definitions
20 Definitions
In this Part—
tag means a tag issued by the Secretary for attachment to a rock lobster taken for sale.
tag number means the unique identification number stamped on or otherwise affixed to a tag by NSW Fisheries.
unused tag means a tag that has not been attached to a rock lobster, or is broken or otherwise damaged.
use a tag means attach the tag to a rock lobster in such a manner that the tag cannot be removed without being broken.
used tag means a tag that appears to have previously been attached to a rock lobster and is no longer attached to a rock lobster, but excludes a tag that has been destroyed by the method of cutting the locking mechanism in half.
21
Application of Part
21 Application of Part
21 Application of Part
This Part applies only in respect of rock lobster that is subject to a TAC determination.
Note—
At present only eastern rock lobster are subject to a TAC determination. Accordingly, the tagging requirements in this Plan apply only to eastern rock lobster.
Division 2
Use of tags
Division 2 Use of tags
Division 2 Use of tags
Note—
This Division contains a number of offences. An offence may be designated as either a shareholder offence under section 65 of the Act or an endorsement holder offence under clause 55 of this Plan. If a provision is designated as an offence for the purposes of section 65 of the Act, a contravention of the provision by the shareholder, or a person nominated by the shareholder to take fish in the fishery, results in the shareholder being guilty of an offence. The offence attracts a maximum penalty of 1,000 penalty units (in the case of a corporation) or 500 penalty units (in the case of an individual). If a provision is designated as an offence under clause 55 of this Plan, a contravention of the provision results only in the endorsement holder being guilty of an offence. That offence attracts a maximum penalty of 100 penalty units.
22
Rock lobster to have tag attached
22 Rock lobster to have tag attached
22 Rock lobster to have tag attached
(1) An endorsement holder who takes rock lobster in the fishery must attach a tag to the rock lobster as follows—
(a) if, before landing the rock lobster, the endorsement holder transfers the rock lobster from the boat used by the endorsement holder to another boat or transfers the rock lobster to a holding pen, before the rock lobster is so transferred,
(b) if paragraph (a) does not apply, immediately after the rock lobster is landed, but in any case no more than 25 metres from the point of landing (that is, the place where the rock lobster is brought ashore) and before entering any premises.
(2) The tag that is attached must be a tag that was issued by the Secretary for use in the fishing period in which the rock lobster is taken.
(3) The tag must be attached in such a manner that it cannot be removed without being broken.
(4) The endorsement holder must, immediately after attaching the tag to the rock lobster, trim the tail of the tag so that it is flush with the locking mechanism.
(5) For the purposes of section 65 of the Act, contravention of this clause is an offence.
(6) A contravention of this clause is also an endorsement holder offence.
23
Unauthorised use of tag
23 Unauthorised use of tag
23 Unauthorised use of tag
A person must not attach a tag to a rock lobster unless the person—
(a) is an endorsement holder, or
(b) is a member of the crew of a boat being used by an endorsement holder and he or she attaches the tag in the presence of the endorsement holder, or
(c) is an officer of NSW Fisheries acting for the purposes of the enforcement or administration of the Act or this Plan.
Maximum penalty—100 penalty units.
24
Use of tags issued to others
24 Use of tags issued to others
24 Use of tags issued to others
(1) An endorsement holder must not use a tag that was issued for the use of another endorsement holder, except as authorised by the Secretary.
(2) An endorsement holder must not, without lawful excuse, be in possession of a tag that was issued for the use of another endorsement holder—
(a) while taking or attempting to take rock lobster for sale, or
(b) while on any premises used in connection with the taking of rock lobster for sale by the endorsement holder.
(3) A contravention of this clause is an endorsement holder offence.
25
Tags to be used in sequential order
25 Tags to be used in sequential order
25 Tags to be used in sequential order
An endorsement holder must use the tags issued for the endorsement holder’s use in sequential order of the tag number (ie from lowest to highest number).
26
Tags not to be re-used
26 Tags not to be re-used
26 Tags not to be re-used
(1) An endorsement holder must not use a tag that has previously been attached to a rock lobster or that is broken.
(2) This clause does not prevent an endorsement holder from re-attaching a tag to the rock lobster if the tag falls off the rock lobster.
(3) A contravention of this clause is an endorsement holder offence.
27
Lost, stolen or destroyed tags
27 Lost, stolen or destroyed tags
27 Lost, stolen or destroyed tags
(1) If a tag issued for the use of an endorsement holder is lost, stolen or destroyed, the endorsement holder must, as soon as practicable after becoming aware that the tag has been lost, stolen or destroyed, give the Secretary written notice of that fact.
(2) The notification is to include the tag number of the tag lost, stolen or destroyed.
(3) An endorsement holder must not, without lawful excuse, be in possession of a used tag—
(a) while taking or attempting to take rock lobster for sale, or
(b) while on any premises used in connection with the taking of rock lobster for sale by the endorsement holder.
(4) If a tag issued for the use of an endorsement holder is damaged in such a manner that the tag number is not fully legible, or cannot be attached to a rock lobster in the required manner, the endorsement holder must, within 7 days after becoming aware of that fact, give or send the tag to the Secretary, together with a notice that includes—
(a) the tag number of the tag concerned, and
(b) a written explanation of the circumstances in which the tag became damaged (in so far as they are known to the endorsement holder).
(5) If a tag is damaged after being attached to a rock lobster, so that the tag number is not fully legible, the endorsement holder must—
(a) immediately remove the tag from the rock lobster and destroy it by cutting the locking mechanism in half, and
(b) give or send the tag to the Secretary within 7 days, together with a notice that includes—
(i) the tag number of the tag concerned, and
(ii) a written explanation of the circumstances in which the tag became damaged (in so far as they are known to the endorsement holder), and
(c) attach a new tag to the rock lobster, in the manner required by this Plan.
(6) If a tag falls off a rock lobster after attachment, and it is not possible to re-attach the tag in the required manner, the endorsement holder must—
(a) immediately destroy the tag by cutting the locking mechanism in half, and
(b) give or send the tag to the Secretary within 7 days, together with a notice that includes a written explanation of the circumstances, and
(c) attach a new tag to the rock lobster, in the manner required by this Plan.
(7) An endorsement holder must not use a tag knowing that the tag has been reported to the Secretary as being lost, stolen or destroyed.
(8) A contravention of this clause is an endorsement holder offence.
28
Production of tags when required
28 Production of tags when required
28 Production of tags when required
(1) A fisheries officer may require an endorsement holder to produce any unused tags in the possession of the endorsement holder.
(2) An endorsement holder must not, without reasonable excuse, fail to comply with such a requirement.
(3) A contravention of this clause is an endorsement holder offence.
29
Shareholder not to give tag to another person
29 Shareholder not to give tag to another person
29 Shareholder not to give tag to another person
(1) A shareholder must not give to another person a tag issued for the use of the shareholder or the shareholder’s nominated fisher, except as permitted by subclause (2).
(2) A shareholder may give a tag to any of the following persons—
(a) the nominated fisher of the shareholder,
(b) a crew member, but only for the purpose of enabling the crew member to attach the tag in the presence of the shareholder to a rock lobster taken on behalf of the shareholder,
(c) the Secretary,
(d) an officer of NSW Fisheries.
(e), (f) (Repealed)
(3) For the purposes of section 65 of the Act, contravention of this clause is an offence.
(4) This clause does not prevent a shareholder from giving a tag that is attached to a rock lobster to any person who purchases or otherwise acquires possession of the rock lobster.
(5) In this clause, giving a tag to another person includes lending the tag to another person or otherwise making the tag available for the use of another person.
30
Nominated fisher not to give tag to another person
30 Nominated fisher not to give tag to another person
30 Nominated fisher not to give tag to another person
(1) A nominated fisher must not give to another person a tag issued for the use of the nominated fisher, except as permitted by subclause (2).
(2) A nominated fisher may give a tag to any of the following persons—
(a) a crew member, but only for the purpose of enabling the crew member to attach the tag in the presence of the nominated fisher to a rock lobster taken by the nominated fisher,
(b) the Secretary,
(c) an officer of NSW Fisheries,
(d) the shareholder on whose behalf the nominated fisher takes rock lobster in the fishery.
(3) A contravention of this clause is an endorsement holder offence.
(4) This clause does not prevent a nominated fisher from giving a tag that is attached to a rock lobster to any person who purchases or otherwise acquires possession of the rock lobster.
(5) In this clause, giving a tag to another person includes lending the tag to another person or otherwise making the tag available for the use of another person.
31
Unused tags to be returned to Secretary at end of fishing period
31 Unused tags to be returned to Secretary at end of fishing period
31 Unused tags to be returned to Secretary at end of fishing period
(1) A shareholder must ensure that any unused tag issued for use in a particular fishing period, which is in the possession or control of the shareholder (or the nominated fisher of the shareholder), is surrendered to the Secretary within 30 days after the end of the fishing period.
(2) For the purposes of section 65 of the Act, contravention of this clause is an offence.
32
Surrender of unused tags in case of cancellation or suspension of endorsement
32 Surrender of unused tags in case of cancellation or suspension of endorsement
32 Surrender of unused tags in case of cancellation or suspension of endorsement
(1) If the endorsement of an endorsement holder in the fishery is cancelled or suspended, the endorsement holder must immediately surrender any unused tags in the endorsement holder’s possession or control—
(a) in the case of an endorsement holder who is the nominated fisher of a shareholder—to the Secretary or the shareholder, or
(b) in any other case—to the Secretary or a person authorised by the Secretary to accept the surrender of tags on the Secretary’s behalf.
(2) A contravention of this clause is an endorsement holder offence.
Division 3
Administration
Division 3 Administration
Division 3 Administration
33
Issue of tags for use on rock lobster
33 Issue of tags for use on rock lobster
33 Issue of tags for use on rock lobster
(1) The Secretary may issue tags for attachment to rock lobsters taken for sale.
(2) The Secretary may issue such tags only to shareholders.
(3) Each tag is to have a unique identification number stamped on or otherwise affixed to the tag.
(4) The Secretary may also issue tags to officers of NSW Fisheries for attachment to rock lobsters for the purposes of the enforcement or administration of the Act or this Plan.
34
Application for issue of tags
34 Application for issue of tags
34 Application for issue of tags
(1) An application for tags may be made by a shareholder.
(2) The application is to be made in an approved form.
(3) The Secretary may refuse to issue any tags until any management charge, or instalment of the management charge, that is payable by the shareholder has been paid.
35
Number of tags issued to correspond with quota
35 Number of tags issued to correspond with quota
35 Number of tags issued to correspond with quota
(1) The number of tags to be issued to a shareholder is to be the number of tags that the Secretary considers will allow the whole of the shareholder’s quota of rock lobster to be taken in the fishing period in respect of which the tags are issued.
(2) The Secretary may issue further tags to a shareholder if the Secretary is satisfied that the previous issue of tags was insufficient to allow the taking of the whole of the shareholder’s quota of rock lobster.
(3) In determining the number of tags required by a shareholder, the Secretary is to have regard to the average weight or number of rock lobster taken by or on behalf of the shareholder in the fishing period or previous fishing periods.
(4) The average weight of rock lobster taken by or on behalf of a shareholder in a particular fishing period is to be determined by the Secretary, having regard to such information as the Secretary considers appropriate.
35A
Shareholder to provide tags to nominated fisher
35A Shareholder to provide tags to nominated fisher
35A Shareholder to provide tags to nominated fisher
(1) A shareholder who is issued tags by the Secretary must, as soon as reasonably practicable after being so issued, ensure that any nominated fisher of the shareholder is provided with those tags.
(2) For the purposes of section 65 of the Act, contravention of this clause is an offence.
36
Tags property of NSW Fisheries
36 Tags property of NSW Fisheries
36 Tags property of NSW Fisheries
Tags remain the property of the Secretary.
37
37
37 (Repealed)
Part 7
Provisions relating to fishing gear, boats, crew, records and other matters
Part 7 Provisions relating to fishing gear, boats, crew, records and other matters
Part 7 Provisions relating to fishing gear, boats, crew, records and other matters
38
Definition
38 Definition
38 Definition
In this Part—
commercial lobster trap means a trap referred to in clause 40.
inshore lobster trap means a trap that consists of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base or floor not exceeding 1.2 metres in diameter) and that does not contain any compartments or contain any material that would prevent the free movement of rock lobsters within the trap.
offshore lobster trap means a trap, other than an inshore lobster trap, not exceeding 2 metres in length, 2 metres in width and 2 metres in depth that consists of mesh (having a measurement from one plain wire to the opposite plain wire of not less than 50 millimetres) and that does not contain any compartments or contain any material that would prevent the free movement of rock lobsters within the trap.
39
Lobster to be taken by hand or trap only
39 Lobster to be taken by hand or trap only
39 Lobster to be taken by hand or trap only
(1) An endorsement holder must not take lobster in the fishery except by hand or by use of a commercial lobster trap.
(2) A contravention of this clause is an endorsement holder offence.
40
Commercial lobster trap
40 Commercial lobster trap
40 Commercial lobster trap
(1) It is lawful for an endorsement holder to use a trap for taking rock lobster for sale in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the conditions referred to in subclauses (2) and (2A) (if applicable) are complied with.
(2) A commercial lobster trap must not be set or used unless its position is indicated by—
(a) a buoy that—
(i) is moored so as to be positioned above the trap with no rope floating on the surface of the water, and
(ii) has a diameter above the water of not less than 100 millimetres, and
(iii) (Repealed)
(iv) displays the number allocated to the endorsement holder by NSW Fisheries for use on the trap, in clearly legible figures that are not less than 50 millimetres in height and are of a colour that clearly contrasts with that of the buoy, or
(b) a plastic tag, or a concrete block, that—
(i) is of a size and type approved by the Secretary, and
(ii) is submerged, and
(iii) displays the number allocated to the endorsement holder by NSW Fisheries for use on the trap, in clearly legible figures that are not less than 50 millimetres in height.
(2A) If the commercial trap is set or used in waters specified in a register maintained by the Secretary for the purposes of this clause and notified in writing to shareholders, the position of the trap must be indicated as specified in subclause (2) (b) and not as specified in subclause (2) (a).
(3) Subclauses (2) and (2A) do not apply in respect of a trap used that is set or used in ocean waters more than 10 metres deep (contour) if the trap (including any rope and float attached to the trap) is submerged and set using a time release mechanism.
(4) It is also lawful for an endorsement holder to use a trap for taking other fish (other than any prohibited size fish) in ocean waters more than 10 metres deep (contour) if the other fish are taken by the trap when it is being lawfully used for taking rock lobster.
(5) For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as a commercial lobster trap.
Table
Commercial lobster trap
| Waters | Description of trap |
| Any waters (other than inland waters and any waters more than 10 metres deep (contour)) | Inshore lobster trap |
| Ocean waters more than 10 metres deep (contour) | Offshore lobster trap |
Note—
Section 24 of the Act provides that a person must not use a trap for taking any fish unless the use by the person for taking those fish is declared by the regulations to be a lawful use of the trap. The offence carries a maximum penalty of 1,000 penalty units (in the case of a corporation) or 200 penalty units or imprisonment for 6 months, or both (in the case of an individual).
Note that “prohibited size fish” are fish that do not comply with the maximum or minimum size requirements (if any) specified for the fish in the Fisheries Management (General) Regulation 2019, clause 6.
40A
Use of lobster traps prohibited in certain waters
40A Use of lobster traps prohibited in certain waters
40A Use of lobster traps prohibited in certain waters
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Schedule 1 are waters in which the class of commercial fishing that consists of the use of a lobster trap or commercial lobster trap to take fish is prohibited.
41
Traps to be used only if endorsement holder’s quota has not been taken
41 Traps to be used only if endorsement holder’s quota has not been taken
41 Traps to be used only if endorsement holder’s quota has not been taken
(1) An endorsement holder must not set or use a commercial lobster trap to take rock lobster for sale unless—
(a) the endorsement holder or, in the case of an endorsement holder who is a nominated fisher for a shareholder, the shareholder has been allocated a quota for the period concerned by the Minister or has acquired quota in respect of the period concerned by means of a transfer, and
(b) the whole of that quota has not been taken.
(2) An endorsement holder must remove from the water any commercial lobster trap set or used by the endorsement holder as soon as practicable after taking his or her quota of eastern rock lobster.
(3) A contravention of this clause is an endorsement holder offence.
42
Storage of live rock lobsters
42 Storage of live rock lobsters
42 Storage of live rock lobsters
(1) An endorsement holder must not set or use a holding pen for the purpose of storing live rock lobsters unless—
(a) the dimensions of the holding pen do not exceed the dimensions of a commercial lobster trap that may lawfully be used to take rock lobster in those waters, and
(b) the holding pen is sealed (so that rock lobsters cannot get in or out), and
(c) the holding pen displays the endorsement holder’s name and the number allocated to the endorsement holder by NSW Fisheries for use on the holding pen in clearly visible figures.
(2) An endorsement holder must record the following on his or her daily log sheet, on each occasion that he or she adds any live rock lobster to a holding pen—
(a) the latitude and longitude of each such pen,
(b) the number of rock lobsters added to a pen,
(c) the tag number of each rock lobster added to a pen.
(2A) An endorsement holder must record the following on his or her daily log sheet, on each occasion that he or she removes any live rock lobster from a holding pen—
(a) the number of rock lobsters removed from a pen,
(b) the tag number of each rock lobster removed from a pen.
(3) If an endorsement holder changes the location of a holding pen used by him or her to store live rock lobsters, the endorsement holder must, as soon as practicable, record the new location of the holding pen on his or her daily log sheet.
(4) An endorsement holder must record the following on his or her daily log sheet, on each occasion that he or she adds any live rock lobster to a place or thing other than a holding pen—
(a) the latitude and longitude of the place or thing,
(b) the number of rock lobsters added to the place or thing.
(5) A contravention of this clause is an endorsement holder offence.
43
Inspection of storage facilities by fisheries officers
43 Inspection of storage facilities by fisheries officers
43 Inspection of storage facilities by fisheries officers
(1) A fisheries officer may require an endorsement holder to make available for inspection by the fisheries officer, at a time and place specified by the fisheries officer, any holding pen or thing used by the endorsement holder to store rock lobster taken for sale by the endorsement holder.
(2) It is a condition of a commercial fishing licence that has an endorsement that the endorsement holder comply with such a requirement.
44
Use of fishing boats
44 Use of fishing boats
44 Use of fishing boats
(1) An endorsement holder must not use a boat to take rock lobster for sale unless the boat displays the letters “RL” immediately before “LFB” on both sides of the outside of the bow or wheelhouse in clearly visible letters that are of a colour that contrasts with that of the boat and that are—
(a) in the case of a boat that is more than 7.5 metres long—not less than 300 mm in height and 150 mm in width, or
(b) in the case of any other boat—not less than 150 mm in height.
(2) An endorsement holder may transfer rock lobster from the boat used by the endorsement holder to a lighter for the purpose of landing the rock lobster, but only while the boat used by the endorsement holder is moored at the place where it is ordinarily moored when not in use.
(3) An endorsement holder must not cause or permit any rock lobster to be transferred from one boat to another, except as authorised by subclause (2).
(4) A contravention of this clause is an endorsement holder offence.
(5) In this clause—
lighter means a boat used for the purpose of loading and unloading boats that are not brought to wharf and for the purpose of transporting goods.
45
Endorsement holders to carry measurement devices
45 Endorsement holders to carry measurement devices
45 Endorsement holders to carry measurement devices
(1) An endorsement holder must not take or attempt to take rock lobster for sale unless the endorsement holder has in his or her possession an instrument suitable for measuring the length of the rock lobster in the manner provided for by the Fisheries Management (General) Regulation 2019.
(2) A contravention of this clause is an endorsement holder offence.
Note—
The Fisheries Management (General) Regulation 2019 sets a minimum and maximum size for certain species of rock lobster and prescribes the method of measuring 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) (see that Regulation, clause 6(3)(g)).
46
Use of fish spikes and other implements
46 Use of fish spikes and other implements
46 Use of fish spikes and other implements
(1) An endorsement holder must not, while on board a boat being used to take fish in the fishery, use a knife, fish spike, club or similar implement to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch.
(2) Subclause (1) does not apply to the use of a knife to kill or process any fish taken in the catch that are to be retained.
(3) An endorsement holder must not, while on board a boat being used to take fish in the fishery, be in possession of a fish spike, club or similar implement that could be used to pierce, impale, beat or otherwise injure any fish or other organism.
(4) Subclause (3) does not apply to the possession of a knife.
(5) It is a defence to a prosecution of an offence constituted by contravening subclause (3) if the person charged proves that the implement concerned was in his or her possession for a purpose that is not unlawful.
(6) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
46A
Bag limits for certain species
46A Bag limits for certain species
46A Bag limits for certain species
(1) For the purposes of section 17 (1) of the Act, the daily limit of a species of fish described in Column 1 of Schedule 2 is, when the fish are taken by an endorsement holder from waters specified opposite that species of fish in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.
(2) For the purposes of section 17B (1) (a) of the Act, the possession limit of fish of a species described in Column 1 of Schedule 2 is, when the fish are taken by an endorsement holder from waters specified opposite that species of fish in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.
(3) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this Plan if the person charged satisfies the court that the fish were lawfully taken from outside the fishery.
47
47
47 (Repealed)
48
Provision and custody of docket books
48 Provision and custody of docket books
48 Provision and custody of docket books
(1) A shareholder must ensure that any endorsement holder who is a nominated fisher of the shareholder is provided with a docket book as is required for use during fishing periods.
(2) The possessor of a docket book must not give, sell or lend to another person, or otherwise make available for use by another person the docket book or any part of the docket book.
(3) Subclause (2) does not prevent—
(a) a person from giving a form to a fisheries officer authorised to take possession of the form, or
(b) a shareholder providing a docket book to a nominated fisher of the shareholder, or
(c) a nominated fisher of a shareholder providing a docket book to the shareholder.
(4) A contravention of subclause (2) is an endorsement holder offence.
(5) For the purposes of section 65 of the Act, contravention of subclause (1) is an offence.
(6) In this clause—
possessor of a docket book means the shareholder to whom the docket book was issued or if the shareholder has provided the docket book to a nominated fisher of the shareholder in accordance with this clause, the nominated fisher.
49
Use of docket books and daily log sheets
49 Use of docket books and daily log sheets
49 Use of docket books and daily log sheets
(1) An endorsement holder must ensure that when taking or attempting to take rock lobster the endorsement holder has in his or her possession or control a docket book issued for use to a shareholder—
(a) who is the endorsement holder, or
(b) who provided the docket book to the endorsement holder in accordance with this clause, because the endorsement holder is a nominated fisher of the shareholder.
(2) An endorsement holder who takes or attempts to take rock lobster in the fishery on any day must complete the appropriate sections of the daily log sheet for that day in accordance with the instructions in the docket book—
(a) immediately after landing any rock lobster taken on that day or transferring the rock lobster to or from a holding pen, or
(b) if the endorsement holder did not take any rock lobster on that day, immediately after returning to shore,
and, in any case, must do so before moving more than 25 metres from the point at which the endorsement holder came ashore and before entering any premises.
(3) An endorsement holder who disposes of rock lobster during a month must on the last day of the month complete the appropriate sections of the daily log sheet in accordance with the instructions in the docket book to show the total amount of rock lobster disposed of during that month.
(4) An endorsement holder must forward a copy of a completed daily log sheet, by facsimile transmission or other means as may be approved by the Secretary, to the Secretary within 48 hours after the end of the day on which the daily log sheet was required to be completed.
(5) An endorsement holder who takes no rock lobster during a calendar month because the endorsement holder did not attempt to take rock lobster during that month must—
(a) on the last day of that month, complete a nil fishing activity report to show nil returns for that month, and
(b) forward a copy of the completed report, by facsimile transmission or other means as may be approved by the Secretary, to the Secretary within 48 hours after the end of that day.
(6) A contravention of this clause is an endorsement holder offence.
(7) In this clause—
nil fishing activity report means the form known as the “NSW DPI Nil Fishing Activity Report” provided to shareholders by the Department.
50
Real time reporting of catch
50 Real time reporting of catch
50 Real time reporting of catch
(1) For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to each catch of eastern rock lobster taken by the endorsement holder (a catch report)—
(a) the registration number of the commercial fishing licence of the endorsement holder,
(b) the number of the fishing business of which the endorsement is a component,
(c) the weight of the catch of eastern rock lobster taken (and not discarded).
(2) For the purposes of section 124A (3) (a) of the Act, a catch report must be made—
(a) before any of the catch is placed in a holding pen, or
(b) before any of the catch is taken out of New South Wales, or
(c) within 2 hours of landing the catch,
whichever occurs first.
(3) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder must remain in the immediate vicinity of the catch until the catch report has been made.
(4) For the purposes of section 65 of the Act, contravention of subclause (3) is an offence.
(5) For the purposes of this clause, the weight of a catch of eastern rock lobster is to be determined by accurate scales and rounded to 1 decimal place.
50A
Reporting when real time reporting system not available
50A Reporting when real time reporting system not available
50A Reporting when real time reporting system not available
For the purposes of section 124A (4) of the Act, if an endorsement holder cannot make a catch report under clause 50 because the real time reporting system malfunctions or is not available, the endorsement holder must—
(a) complete the form approved by the Secretary for the purposes of this clause in accordance with any instructions in the form, and
(b) send the completed form to the Secretary within the time specified in the form.
51
False or misleading information
51 False or misleading information
51 False or misleading information
(1) An endorsement holder must not, in connection with a requirement under this Part, make any statement or provide any information that the person knows is false or misleading in a material particular.
(2) A contravention of this clause is an endorsement holder offence.
Part 8
General
Part 8 General
Part 8 General
52
Share forfeiture offences
52 Share forfeiture offences
52 Share forfeiture offences
(1) For the purposes of section 75 (1) of the Act, the offences described in Column 1 of the Table to this clause are designated as share forfeiture offences.
(2) If a shareholder, or a nominated fisher of a shareholder, is convicted of a share forfeiture offence, the Secretary is to record in the Share Register, under the name of the shareholder concerned, a description of the offence and the number of demerit points applicable to the offence, as specified in Column 2 of the Table to this clause next to the offence concerned.
(3) Demerit points are not cancelled by the expiration of time.
(4) The Minister may order that all shares in the fishery held by a shareholder be forfeited to the Minister if the total number of demerit points recorded under the name of the shareholder reaches or exceeds 6 demerit points.
(5) Following the sale of any forfeited shares by public tender, as provided for by section 75B (2) of the Act, and after deduction of the expenses reasonably incurred in connection with the sale, the Minister is authorised to pay to any person (other than the shareholder or shareholders) who had an interest in the shares such part of the purchase price as the Minister considers approximate to the value of the person’s interest in the shares.
Table
Share forfeiture scheme
| Column 1 | Column 2 |
| Description of share forfeiture offence | Number of demerit points |
| Offence against section 40S of the Act (Authority holder not to contravene quota) | 2 |
| Offence arising from a contravention of clause 22 of this Plan (Rock lobster to have tag attached) | 2 |
| Offence arising from a contravention of clause 49 of this Plan (Daily log sheet) | 2 |
| Offence arising from a contravention of the Fisheries Management (General) Regulation 2019, clause 75 | 3 |
| Any offence against the Act or the regulations under the Act that is punishable by imprisonment | 3 |
Note—
The Fisheries Management (General) Regulation 2019, clause 103 also provides for share forfeiture for a failure to pay a community contribution or other amount due under Part 3 of the Act.
52A
TAF Committee to make TAC determination
52A TAF Committee to make TAC determination
52A TAF Committee to make TAC determination
(1) The TAF Committee is required to make a TAC determination for eastern rock lobster.
(2) A TAC determination is to be made in respect of each fishing period.
Note—
Under section 40K of the Act, the Minister may direct the TAF Committee as to the matters to be taken into account when making a fishing determination.
53
Management charge
53 Management charge
53 Management charge
(1) The management charge payable under section 76 of the Act by shareholders in the fishery is not to exceed $98 per share.
(1A) For the purposes of section 76 (2) of the Act, the following costs of management are attributed to industry—
(a) the cost of developing, reviewing, implementing and ensuring compliance with strategies, policies, and legislation relating to the fishery (including for the purpose of promoting ecologically sustainable development of the fishery),
(b) the cost of providing administrative services in connection with the operation of the fishery,
(c) the costs incurred in connection with the establishment and operation of any relevant advisory council or advisory group,
(d) the costs incurred in connection with the following research (or such part of those costs as may be determined by the Minister)—
(i) ongoing research into the management and sustainability of the fishery or of commercial fisheries generally,
(ii) specific research projects relating to the management and sustainability of the fishery or of commercial fisheries generally,
(e) such other costs of management of the fishery as may be determined by the Minister after consultation with any relevant advisory council or advisory group.
(1B) The costs of management attributed to industry may be reduced in any manner the Minister considers appropriate to recognise any saving, or any public benefit or benefit to any other fishing sector, that is achieved in the management of the fishery.
(2) Interest is payable on late payments at the rate payable from time to time in respect of judgments of the Supreme Court.
(3) The management charge may, with the approval of the Minister, be paid by instalments on such terms as the Minister approves.
Note—
Section 76 of the Act provides that if an instalment is not paid by the due date, the balance then becomes due and payable (together with any interest for late payment prescribed by this Plan).
The management charge may be affected by the introduction of a goods and services tax (or GST).
54
Community contribution
54 Community contribution
54 Community contribution
(1) For the purposes of section 77 of the Act, the community contribution is payable by each shareholder for each fishing period.
(2) The community contribution is payable 2 months after the end of the fishing period, or on such later date as may be determined by the Minister.
(3) (Repealed)
(4) The community contribution for each subsequent fishing period is $115.
(5) Interest is payable on late payments of the community contribution at the rate payable from time to time in respect of judgments of the Supreme Court.
(6) The community contribution may, with the approval of the Minister, be paid by instalments on such terms as the Minister approves.
(7) If an instalment is not paid by the due date, the balance then becomes due and payable (together with the interest payable for late payment).
55
Endorsement holder offence
55 Endorsement holder offence
55 Endorsement holder offence
An endorsement holder is guilty of an offence if the endorsement holder contravenes a provision of this Plan and the contravention is designated by this Plan as an endorsement holder offence.
Maximum penalty—100 penalty units.
56
Other restrictions on fishing
56 Other restrictions on fishing
56 Other restrictions on fishing
(1) This Plan does not affect any restriction on the taking of rock lobster that has effect under the Act or the regulations under the Act.
(2) In particular, the following provisions apply to the taking of rock lobster by an endorsement holder, unless otherwise specified in those provisions—
(a) the provisions of any fishing closure under section 8 of the Act that prohibits or restricts the taking of rock lobster in any waters, or
At present the minimum size for eastern rock lobster is 10.4 centimetres, the minimum size for southern rock lobster (male) is 11 centimetres and the minimum size for southern rock lobster (female) is 10.5 centimetres (see the Fisheries Management (General) Regulation 2019, clause 6). It is an offence under the Act for a person to have any rock lobster that is less than the minimum size in his or her possession or to sell any rock lobster that is less than the minimum size. Eastern rock lobster is also subject to a maximum size of 18 centimetres.
In addition, the Fisheries Management (General) Regulation 2019, clause 91 makes it an offence to take, sell or be in possession of any rock lobster carrying ova externally. It is also an offence to be in possession of a rock lobster from which any ova have been deliberately removed.
56A
Adoption of certain provisions of Supporting Plan
56A Adoption of certain provisions of Supporting Plan
56A Adoption of certain provisions of Supporting Plan
For the purposes of section 57A (5) of the Act, the following provisions of the Fisheries Management Supporting Plan set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006, as they relate to the fishery, and as in force from time to time, are adopted by this Plan—
(a) Part 2A,
(b) Part 3,
(c) clause 21,
(d) clause 22.
57
Amendment of Plan
57 Amendment of Plan
57 Amendment of Plan
For the purposes of section 64 of the Act, any amendment to this Plan is authorised.
Part 9
Savings and transitional
Part 9 Savings and transitional
Part 9 Savings and transitional
58
Quota arrangements for 2017/2018 fishing period
58 Quota arrangements for 2017/2018 fishing period
58 Quota arrangements for 2017/2018 fishing period
(1) The determination of total allowable catch for eastern rock lobster made by the TAC Committee for the 2017/2018 fishing period has effect as if it had been made by the TAF Committee under clause 14 of this Plan as substituted by the amending Regulation.
(2) Accordingly, the determination is taken to be a TAC determination for the purposes of Part 2A of the Act.
(3) The allocation of quota among shareholders for the 2017/2018 fishing period made by the Minister under section 78 of the Act (as in force at the time) has effect as if it had been made by the Secretary under clause 15 of this Plan as substituted by the amending Regulation.
(4) Accordingly, the quota allocated to each shareholder is taken to be quota for the purposes of Part 2A of the Act.
(5) Any transfer of quota in respect of the 2017/2018 fishing period that was duly made before 6 October 2017 has effect as if it had been made under clause 18 of this Plan as substituted by the amending Regulation.
(6) In this clause—
2017/2018 fishing period means the period of 1 August 2017 to 31 July 2018.
(1) A reference in this Plan to an endorsement includes an endorsement given before the commencement of this Plan that had effect immediately before the commencement of this Plan.
(2) A reference in this Plan to a tag includes a tag issued by the Secretary before the commencement of this Plan for attachment to rock lobsters taken for sale.
(3) A nomination of a fisher to take rock lobster from the fishery on behalf of a shareholder that had effect immediately before the commencement of this Plan continues in force despite that commencement, and may be revoked at any time by the shareholder. A reference in this Plan to a nominated fisher includes a person who is the subject of such a nomination.
(4) (Repealed)
60
60
60 (Repealed)
Schedule 1
Waters in which use of lobster trap prohibited
Schedule 1 Waters in which use of lobster trap prohibited
Schedule 1 Waters in which use of lobster trap prohibited
(Clause 40A)
| Iluka—Woody Bay | The whole of the waters of Woody Bay enclosed by a line drawn from the broad arrow mark engraved in the rock at the north easterly end of the Woody Head camping ground (29°21.890′S, 153°22.440′E), then in a northerly direction for approximately 300 metres to the broad arrow mark engraved in the rock labelled FD near Seagull Hole (29°21.780′S, 153°22.430′E), then in a south-westerly direction to the Maritime Authority of NSW navigation buoy (29°21.850′S, 153°22.274′E), then in a south-westerly direction to the post marked “NSWF” on the foreshore (29°21.940′S, 153°22.260′E), then along the mean high water mark to the point of commencement. |
| Evans River—Entrance | The waters of Evans River including its creeks and tributaries, from a line drawn between the most northerly points of the eastern and western breakwaters at the entrance to Evans River, upstream to the Elm Street road bridge. |
| Coffs Harbour Entrance | All waters within the following boundaries—Commencing at the northern extremity of the eastern breakwater (30°18.535′S, 153°09.164′E) then northerly to position 30°18.200′S, 153°09.100′E, then easterly to position 30°18.200′S, 153°09.500′E, then southerly to position 30°18.800′S, 153°09.500′E, then westerly to position 30°18.800′S, 153°09.100′E, then northerly to the point of commencement, but exclusive of all land area so enclosed. |
| Coffs Harbour—Harbour | The whole of the waters of Coffs Harbour, west of a line drawn from the northern extremity of the eastern breakwater (30°18.535′S, 153°09.164′E), north to Muttonbird Island, but exclusive of waters enclosed by the following bearings—30°18.400′S, 153°08.800′E30°18.500′S, 153°08.800′E30°18.500′S, 153°09.100′E30°18.400′S, 153°09.100′E |
| Crowdy Head Boat Harbour | The whole of the waters of the boat harbour at Crowdy Head and the adjoining South Pacific Ocean up to a line drawn from the most northern extremity of the southern breakwater to the most western extremity of the northern breakwater, that part of the South Pacific Ocean extending 100 metres in a westerly direction from the abovementioned line, and also that part of the South Pacific Ocean extending 100 metres on the seaward side of the breakwaters of the Crowdy Head boat harbour from the beginning of the breakwaters to their extremities. |
| Wallis Lake | The whole of the waters within the following boundaries: Commencing at the entrance to Wallis Lake at the eastern extremity of the northern breakwater and bounded then by that breakwater and a part of the foreshores of the village of Tuncurry generally southerly to the prolongation of the western side of Wharf Street; then by a line bearing approximately 239 degrees to the north-eastern corner of Oyster Lease 71.295; then by a line bearing approximately 168 degrees to the north-western corner of Oyster Lease 70.434 and by a line bearing approximately 155 degrees across the water to the south-western corner of Oyster Lease 57.295 on Godwin Island; then by the northern foreshore of that island north-easterly to its most northern point; then by a line bearing 60 degrees to the foreshore of the village of Forster at the prolongation of the southern boundary of Section 27; then by that foreshore generally northerly to the southern breakwater, by that breakwater north-easterly to its eastern extremity and by a line across the entrance to the point of commencement. |
| Ex-HMAS Adelaide Reserve | The whole of the waters enclosed by the following coordinates—33°27.887′S, 151°27.301′E,33°27.767′S, 151°27.374′E,33°27.852′S, 151°27.574′E,33°27.973′S, 151°27.502′E. |
| Hawkesbury River—Brisbane Water/Broken Bay | That part of the Hawkesbury River Water/Broken Bay) north of a line drawn between Little Box Head and the northernmost point of Mount Ettalong. |
| Dee Why Lagoon, Curl Curl Lagoon and Manly Lagoon | The whole of the waters of Dee Why Lagoon, Curl Curl Lagoon and Manly Lagoon together with their affluents and tributaries. |
| Port Jackson (Sydney Harbour) | The whole of the waters of Port Jackson and its tributaries, upstream of a line drawn from the northern extremity of South Head to the southern extremity of North Head. |
| Bellambi Point | The whole of the waters adjacent to Bellambi Point from a line drawn from the northernmost point of the breakwater nearest to Bellambi Point boat ramp in a direction of 55 degrees north-easterly for a distance of 150 metres, then in a direction of 360 degrees due north for a distance of 85 metres to a line bearing 270 degrees due west for a distance of 280 metres, then in a direction of 180 degrees due south to the foreshore at the mean high water mark, then along the foreshore in a generally easterly direction to the breakwater, then along the breakwater at the mean high water mark to the point of commencement. |
Schedule 2
Bag limits
Schedule 2 Bag limits
Schedule 2 Bag limits
(Clause 46A)
| Column 1 | Column 2 | Column 3 |
| Species of fish | Daily limit and possession limit | Waters |
| Blue swimmer crab (Portunus armatus). | 0. | All waters. |
| Eastern sea garfish (Hyporhamphus australis). | 0. | All waters. |
| Longfin eel (Anguilla reinhardtii). | 0. | All waters. |
| Mud crab (Scylla serrata). | 0. | All waters. |
| Southern shortfin eel (Anguilla australis). | 0. | All waters. |
| Spanner crab (Ranina ranina). | 0. | All waters. |
| Wobbegong (Orectolobus spp.). | 6 comprised of any single species or a combination of species. | All waters. |
| Australian sardine (Sardinops sagax). | 0. | All waters. |
| Bass grouper (Polyprion americanus). | 0. | All waters. |
| Hapuku (Polyprion oxygeneios). | 0. | All waters. |
| Bigeye ocean perch (Helicolenus barathri). | 0. | All waters. |
| Blue-eye trevalla (Hyperoglyphe antarctica). | 0. | All waters. |
| Pink ling (Genypterus blacodes). | 0. | All waters. |
| Gemfish (Rexea solandri). | 0. | All waters. |
| Tiger flathead (Platycephalus richardsoni). | 0. | All waters. |
| Bluespotted flathead (Platycephalus caeruleopunctatus). | 0. | All waters. |
| Eastern school whiting (Sillago flindersi). | 0. | All waters. |
| Stout whiting (Sillago robusta). | 0. | All waters. |
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Fisheries Management (Lobster Share Management Plan) Regulation 2000.
2 Lobster Share Management Plan
2 Lobster Share Management Plan
2 Lobster Share Management Plan
The Lobster Share Management Plan set out in the Appendix to this Regulation has effect.
3
3 (Repealed)
3
cl 3: Rep 2011 No 27, Sch 4.
4 Notes
4 Notes
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation (including notes in the Appendix) do not form part of this Regulation.
Requires record-keeping and reporting: provision and custody of docket books and daily log sheets, detailed completion and transmission deadlines (clause 48, clause 49), and real time catch reporting for eastern rock lobster with precise timing obligations and fallback procedures (clauses 50-50A).
Prescribes administrative financial obligations for shareholders: a capped management charge (not to exceed $98 per share, clause 53) and a community contribution ($115 per shareholder per fishing period, clause 54), including interest and instalment arrangements.
Creates a share forfeiture scheme by designating particular offences as share forfeiture offences and attaching demerit points that may lead to Ministerial forfeiture of shares (clause 52).
Mandates that the TAF Committee make a TAC determination for eastern rock lobster each fishing period (clause 52A).
Those are the mechanical changes and the regulatory instruments created or adopted by the Plan. The Plan also adopts particular provisions of the Fisheries Management Supporting Plan (clause 56A) and authorises subsequent amendment under the Act (clause 57). The Plan cross-refers repeatedly to provisions of the Fisheries Management Act 1994 and to the Fisheries Management (General) Regulation 2019 for matters such as size limits, offences and other substantive Fisheries Act machinery (see definitions and clause 56).
Main concepts
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).
Who it affects
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.
Key duties and rights
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.
Penalties and enforcement
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.
How it interacts with other laws
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.
Amendment history
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.
Litigation history
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.
Gotchas
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.
How to comply
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.
daily log sheet means the form known as the “NSW DPI Lobster Fishery Daily Catch and Effort Record” provided to shareholders by the Department.
docket book means the booklet containing daily log sheets and known as the “NSW DPI Lobster Fishery Catch and Effort Logbook” provided to shareholders by the Department.
eastern rock lobster means fish of the species Sagmariasus verreauxi.
endorsement means an endorsement on a commercial fishing licence that authorises the taking of rock lobster in the fishery.
endorsement holder means a person who holds a commercial fishing licence that has an endorsement.
endorsement holder offence—see clause 55.
fishery means the lobster fishery (as described in Schedule 1 to the Act).
fishing period means each period of 12 months commencing on 1 August and ending on the following 31 July, or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.
holding pen means any enclosure used to store or hold live rock lobsters in ocean or estuarine waters, but does not include a trap used in compliance with this Plan (see clause 40).
nominated fisher means a commercial fisher nominated by a shareholder to take rock lobster in the fishery on behalf of the shareholder.
rock lobster means fish of the species Sagmariasus verreauxi, Jasus edwardsii, Panulirus longipes and Panulirus ornatus.
rock lobster offence means an offence against this Plan or an offence against the Act or the regulations under the Act relating to the taking of rock lobster.
serious offence means any of the following offences—
(a) an offence against the Act or the regulations under the Act that is punishable by imprisonment,
(b) an offence against the Fisheries Management (General) Regulation 2019, clause 75,
(c) an offence punishable under the Crimes Act 1900.
shareholder means a holder of shares in the fishery.
the Act means the Fisheries Management Act 1994.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
(2) In this Plan, a reference to a transfer of a share includes a reference to an assignment of a share.
Part 2 Objectives of Plan
Part 2 Objectives of Plan
Part 2 Objectives of Plan
3 Objectives, performance indicators and triggers for review
3 Objectives, performance indicators and triggers for review
3 Objectives, performance indicators and triggers for review
(1) The objectives of this Plan are set out in Column 1 of the Table to this clause.
(2) For the purposes of section 57 (2) (a) of the Act, the performance indicator in relation to each objective of this Plan is set out in Column 2 of the Table to this clause next to the objective concerned.
(3) For the purposes of section 57 (2) (b) of the Act, a review of this Plan is required if the Minister is satisfied of the existence of a matter referred to in Column 3 of the Table to this clause (in relation to the objective and performance indicator set out next to that matter in the Table).
Table
| | Column 1 | Column 2 | Column 3 |
| | Objective | Performance Indicator | Trigger for Review |
| 1. | Increase the biomass of eastern rock lobster stock | Levels of eastern rock lobster stock increase or remain stable (with 1998–1999 levels being used as a benchmark), or are likely to do so, having regard to total allowable catch | Annual catch per unit effort (CPUE) is below 1998–99 levels in 2 consecutive years |
| 2. | Promote commercial fishing practices for rock lobster that do not have an adverse environmental impact on the broader ecosystem | Research conducted periodically by or on behalf of NSW Fisheries indicates that commercial fishing practices for rock lobster do not have an adverse environmental impact on the broader ecosystem | Research conducted by or on behalf of NSW Fisheries indicates that commercial fishing practices for rock lobster are having an adverse environmental impact on the broader ecosystem |
| 3. | Ensure management arrangements for the fishery do not have a significant impact on the costs of taking eastern rock lobster for sale | Management charge for the fishery (under section 76 of the Act) does not increase significantly, disregarding any increase that is attributable to the provision of additional resources by NSW Fisheries (eg the provision of additional compliance officers) | Management charge for the fishery increases in any year at a rate that exceeds the rate of inflation (as measured by the consumer price index), disregarding any increase that is attributable to the provision of additional resources by NSW Fisheries after the commencement of this Plan |
| 4. | Promote cost efficient management | Independent review of the management arrangements for the fishery, conducted periodically at the request of the Minister, determines that management arrangements are appropriate | Independent review determines that the management arrangements for the fishery are inappropriate |
| 5. | Ensure appropriate research and monitoring in relation to the fishery | Sufficient data is available for assessment of rock lobster stocks | Insufficient data is available for the purpose of setting the total allowable catch for rock lobster |
| 6. | Minimise the number of offences committed by fishers in relation to rock lobster | Number of offences in relation to rock lobster committed annually, as indicated by quality inspections conducted by NSW Fisheries, indicates substantial compliance with the Act, this Plan and the other regulations under the Act | Overall rate of compliance with the Act, this Plan and the other regulations under the Act in relation to rock lobster (estimated annually by the Secretary) is less than 70 percent |
4
4 (Repealed)
Part 3 Dealings in shares
Part 3 Dealings in shares
Part 3 Dealings in shares
5 Minimum shareholding
5 Minimum shareholding
5 Minimum shareholding
(1) The minimum shareholding in the fishery is 55 shares.
(2) Despite subclause (1), the minimum shareholding in respect of a person who held shares in the fishery at the commencement of this Plan is 12 shares.
(3) If a person who held shares at the commencement of this Plan transfers any of those shares the minimum shareholding in respect of the person increases to 55 shares.
Note—
A person who holds shares in the share management fishery is not entitled to take fish in the fishery or to nominate another person to do so on the shareholder’s behalf unless the shareholder has the minimum shareholding for the fishery (see sections 66 and 67 of the Act). This clause applies a minimum shareholding of 55 shares to a person who first acquires shares in the fishery after the commencement of this Plan, and to any person who held shares in the fishery at the commencement of this Plan and who transfers any of them.
6 Maximum shareholding
6 Maximum shareholding
6 Maximum shareholding
The maximum shareholding in the fishery is 3,848 shares.
7
7–9 (Repealed)
Part 4 Endorsements and nominated fishers
Part 4 Endorsements and nominated fishers
Part 4 Endorsements and nominated fishers
10 Nominated fishers
10 Nominated fishers
10 Nominated fishers
(1) A person may not be nominated by a shareholder to take rock lobster on behalf of the shareholder if—
(a) the person has been convicted, within the period of 3 years before the nomination is made, of a rock lobster offence or a serious offence, or
(b) the person has been charged with or summoned for a rock lobster offence or a serious offence and proceedings with respect to that offence are pending.
(2)–(8) (Repealed)
Note—
See Part 3 of the Fisheries Management Supporting Plan set out in the Fisheries Management (Supporting Plan) Regulation 2006 for further provisions in relation to nomination of fishers.
11 Eligibility for endorsement
11 Eligibility for endorsement
11 Eligibility for endorsement
The Minister may refuse to endorse the commercial fishing licence of a commercial fisher if—
(a) the commercial fisher has been convicted of a rock lobster offence, or a serious offence, within the period of 3 years before the application for endorsement is made, or
(b) the commercial fisher is nominated by a shareholder who has been convicted of a serious offence within the period of 3 years before the application for endorsement is made.
Note—
Section 68 of the Act provides that an application for endorsement is to be made in the form and manner approved by the Minister.
12 Grounds for suspension or cancellation of endorsement
12 Grounds for suspension or cancellation of endorsement
12 Grounds for suspension or cancellation of endorsement
(1) The Minister may suspend or cancel an endorsement of a nominated fisher if—
(a) the fisher does anything that would be grounds for cancellation or suspension of the fisher’s commercial fishing licence, or
(b) the Minister is satisfied that the fisher has contravened a provision of this Plan, or
(c) the shareholder who nominated the fisher—
(i) revokes the nomination, or
(ii) nominates another commercial fisher to take rock lobster in the fishery on the shareholder’s behalf, or
(iii) is convicted of a rock lobster offence or a serious offence, or
(iv) becomes the nominated fisher of another shareholder in the same fishery.
(2) The Minister may suspend or cancel an endorsement of a commercial fisher who is a shareholder if—
(a) the shareholder is convicted of a rock lobster offence or a serious offence, or
(b) the Minister is satisfied that the shareholder has contravened a provision of this Plan, or
(c) the shareholder becomes the nominated fisher of another shareholder in the same fishery.
(3) The Minister may suspend an endorsement for a specified period of no less than 4 weeks at the request of the holder of the endorsed licence. The suspension period may be shortened or lengthened by the Minister on request of the holder of the endorsement.
Note—
An endorsement may be suspended or cancelled if the holder of the licence ceases to be eligible to have the licence endorsed, for instance, because the holder holds less than the minimum shareholding in the fishery. The endorsement may also be cancelled or suspended if the shareholder fails to pay any community contribution, management charge or other amount due under Part 3 of the Act. (See section 68 (7) of the Act.) If an endorsement of a shareholder is suspended or cancelled, the shareholder is not entitled to nominate another person to take rock lobster on the shareholder’s behalf (see section 68 (8) of the Act).
13 Nominated fisher to notify shareholder of alleged offence
13 Nominated fisher to notify shareholder of alleged offence
13 Nominated fisher to notify shareholder of alleged offence
(1) A nominated fisher must notify the shareholder who nominated him or her to take rock lobster in the fishery on the shareholder’s behalf if the person is charged with an offence against this Plan, the Act or the regulations under the Act.
(2) The notice must be given to the shareholder within 24 hours after the nominated fisher is charged with the offence.
(3) A contravention of this clause is an endorsement holder offence.
Part 5
Part 5
15–19 (Repealed)
Part 6 Tags for rock lobster
Part 6 Tags for rock lobster
Part 6 Tags for rock lobster
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
20 Definitions
20 Definitions
20 Definitions
In this Part—
tag means a tag issued by the Secretary for attachment to a rock lobster taken for sale.
tag number means the unique identification number stamped on or otherwise affixed to a tag by NSW Fisheries.
unused tag means a tag that has not been attached to a rock lobster, or is broken or otherwise damaged.
use a tag means attach the tag to a rock lobster in such a manner that the tag cannot be removed without being broken.
used tag means a tag that appears to have previously been attached to a rock lobster and is no longer attached to a rock lobster, but excludes a tag that has been destroyed by the method of cutting the locking mechanism in half.
21 Application of Part
21 Application of Part
21 Application of Part
This Part applies only in respect of rock lobster that is subject to a TAC determination.
Note—
At present only eastern rock lobster are subject to a TAC determination. Accordingly, the tagging requirements in this Plan apply only to eastern rock lobster.
Division 2 Use of tags
Division 2 Use of tags
Division 2 Use of tags
Note—
This Division contains a number of offences. An offence may be designated as either a shareholder offence under section 65 of the Act or an endorsement holder offence under clause 55 of this Plan. If a provision is designated as an offence for the purposes of section 65 of the Act, a contravention of the provision by the shareholder, or a person nominated by the shareholder to take fish in the fishery, re
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