Shares and share classes. The Plan creates several classes of shares. For the hauling net sector, there are shares linked to gear type and region: Ocean hauling,general ocean hauling shares (for assisting other endorsement holders), Ocean hauling,hauling net (general purpose) shares, Ocean hauling,garfish net (hauling) shares, and Ocean hauling,pilchard, anchovy and bait net (hauling) shares, each available for Regions 1 through 7. For the purse seine sector there is a single class: Ocean hauling,purse seine net shares. Additionally, the Plan creates quota shares as a further class under section 71A of the Act: Ocean hauling,eastern sea garfish quota shares, Ocean hauling,Australian sardine quota shares, Ocean hauling,blue mackerel quota shares, and Ocean hauling,yellowtail scad quota shares. These quota shares are allocated to existing share holders on the basis of catch history and a formula set out in Schedule 5. A minimum shareholding is required to be eligible for an endorsement; for example, hauling net (general purpose) shares require 80 shares in Region 1, 50 in Region 2, 4 or 6, 120 in Region 3, 70 in Region 5, and 160 in Region 7. General ocean hauling and purse seine net shares have a minimum of 40 shares, but original entitlement holders who held shares before 5 February 2007 need only one share until they transfer or forfeit any of those shares. The maximum shareholding for all non-quota shares is 40 per cent of the total number of shares in the fishery.

Endorsements. There are 29 types of endorsement. Seven regions for each of the four hauling net endorsements (general ocean hauling, hauling net general purpose, garfish net hauling, pilchard anchovy and bait net hauling) plus one purse seine net endorsement (not region-specific). An endorsement is an endorsement on a commercial fishing licence authorising the taking of fish in the fishery. Only a shareholder who holds the corresponding class of shares for the relevant region can be given that endorsement or nominate another person to receive it. The Plan imposes numerous conditions on endorsements, many enforceable as offences under section 65 or 68(6A) of the Act.

Target species and conditional target species. For each net type, the Plan specifies target species and conditional target species in clause 9. A hauling net (general purpose) targets species such as Eastern Australian salmon, dart, luderick, sand whiting, sea mullet, and yellowfin bream, with conditional target species including blue mackerel, mulloway, silver trevally, and tarwhine. A garfish net targets only eastern sea garfish. A pilchard anchovy and bait net targets Australian anchovy, blue mackerel, Australian sardine, yellowtail scad, and whitebait. A purse seine net targets a wider list including Australian anchovy, salmon, bonito, jack mackerel, sardine, silver trevally, silver sweep, yellowtail scad, and skipjack tuna. At least 80 per cent by whole weight of each haul must consist of target or conditional target species. By-product species (retained but not target or conditional) and conditional target species together must not exceed five per cent of total annual landings per method as a performance indicator.

Quota management. Part 3A establishes a quota system for four species. The TAF Committee is required to make TAC determinations for eastern sea garfish for 12-month periods starting 1 July. For Australian sardine, blue mackerel, and yellowtail scad, TAC determinations are also required for periods starting 1 May (or as determined by the Minister). During a transition period from 6 October 2017 to 30 June 2024, the Secretary (not the TAF Committee) makes the TAC determinations for eastern sea garfish, and the Minister may give directions about factors to consider, including exempting the Secretary from scientific assessment requirements to facilitate structural adjustment. An endorsement holder must not take a quota species unless they hold quota for that species. Contravention is an offence under section 65 of the Act.

Regions and closed waters. The Plan identifies seven regions using latitude coordinates in WGS84 datum. Schedule 1 lists permanent closures for numerous specified beaches (e.g., Bogangar Beach, Stockton Beach, Merimbula Beach) with precise geographic descriptions. Schedule 2 lists beaches closed on a seasonal basis (mostly summer holidays). Schedule 3 lists other area restrictions such as the Narrabeen Black Road Bait Ground where purse seining is prohibited year-round, and Port Hacking where all methods are prohibited on weekends and public holidays.

The Plan primarily affects shareholders who hold shares in the ocean hauling fishery. They are the individuals or entities that own the shares and are eligible to be given an endorsement or to nominate another person to receive an endorsement. A shareholder must hold the minimum shareholding for the relevant class and region to qualify. The shares must all be components of the same ocean hauling fishing business. Endorsement holders are the persons who actually operate in the fishery; they hold a commercial fishing licence with an endorsement that authorises the taking of fish. The Plan imposes conditions directly on endorsement holders in numerous clauses, making them the central duty-bearers. Crew members are also affected: the Plan sets a minimum crew number of four persons (one must be the endorsement holder) for priority rights on the beach, and the Secretary determines crew limits for hauling net (general purpose) and pilchard, anchovy and bait net fishing businesses. Other persons assisting an endorsement holder are bound by general crew requirements: the endorsement holder must remain in the immediate vicinity, only one net may be used at a time, and fish must remain in the endorsement holder’s possession until lawfully disposed of.

The Secretary and the Minister have significant powers and duties. The Secretary determines crew limits, catches for quota allocation, makes TAC determinations during the transition period, and receives real-time catch reports. The Minister may give directions to the Secretary regarding TAC determinations and determines the allocation formula for quota shares. The TAF Committee is required to make TAC determinations for eastern sea garfish outside the transition period and may also be directed to make fishing determinations for the other quota species under section 40C of the Act. The Share Appeal Panel hears appeals from shareholders disputing the number of quota shares issued to them.

The Plan also affects recreational fishers indirectly through the rights of priority provisions, although those are primarily between endorsement holders. The Fisheries Management (General) Regulation 2019 separately sets out priority between commercial and recreational fishers on recognised fishing grounds. Fisheries officers are referenced in clause 18A, as endorsement holders must not fish contrary to priority rights after being directed not to do so by a fisheries officer or another endorsement holder.

Additionally, the Plan affects anyone using motor vehicles in connection with ocean hauling operations: it requires display of the words “Ocean hauling fishery” and the fishing business number on the vehicle. Boat owners with larger vessels that exceed the standard 6 metre limit for hauling nets or 20 metre limit for other nets are affected by the exemption provisions for boats that held an “OH” exemption code before the commencement of the amendment clauses. Those exemptions are transferable but cannot be acquired or replaced after three years from commencement of clause 18C unless the Secretary extends the period for exceptional circumstances.

Duties of endorsement holders. Many duties are imposed as conditions of endorsements, with contravention attracting penalties under the Act. An endorsement holder must not take a quota species (eastern sea garfish for garfish net holders; Australian sardine, blue mackerel, or yellowtail scad for purse seine holders) unless they hold quota for that species (clauses 6F(1) and 6F(1A)). For hauling nets other than garfish nets, the holder must not carry out ocean hauling operations on weekends or public holidays during November, December, January, and February (clause 12(1)). Garfish net holders must not use their net on a weekend or public holiday at all (clause 13(1)). When using a net, the holder must ensure at least 80 per cent by whole weight of each haul is target or conditional target species (clause 9). Specific gear specifications must be complied with, including net length, mesh size, and prohibition on rings that facilitate pursing (clause 13A Table). Hauling nets (general purpose) must be deployed from and hauled to a beach, and operated with at least one other person. Purse seine nets must be cast and retrieved from a boat, with hauling conducted from a single boat. The endorsement holder must not shoot or retrieve a net in a flagged swimming area (clause 17).

Real-time reporting duties. Garfish net holders must provide a catch estimate report for each catch of eastern sea garfish before leaving the waters, before moving 50 metres from the landing point, before removing any catch from the boat, or within 30 minutes of landing (whichever occurs first). Within six hours of that estimate, a final catch report must be provided with exact weight. The endorsement holder must remain in the immediate vicinity of the catch until the final report is made. Purse seine holders have similar obligations for catches of Australian sardine, blue mackerel, and yellowtail scad, with a catch estimate required before any catch is removed from the boat or taken out of NSW, and a final catch report within 72 hours of the estimate. They must remain in possession of the catch until the final report is made. If the reporting system is unavailable, the holder must use an approved form and send it within the time specified.

Boat length restrictions. For hauling net (general purpose) endorsements, a boat must not have a measured length exceeding 6 metres. For garfish net, pilchard anchovy and bait net, and purse seine endorsements, the maximum is 20 metres. Exempt boats may exceed the maximum if they held an “OH” exemption code before the relevant commencement and the specified information (name, identifying number, unique vessel identifier, certificate of survey) was provided to the Secretary within 90 days. The entitlement to an exempt boat is transferable, but replacement boats must not be longer than the original and must be acquired within three years (with possible extension for exceptional circumstances).

Rights of priority. Endorsement holders have rights of priority when taking fish from the same ocean beach. The first turn belongs to the crew that first arrives with a boat and net laid ready for use, with at least one crew member in attendance and others in the immediate vicinity. The turn concludes when the crew shoots its net, but cannot extend beyond 24 hours as against other crews ready to haul. During its turn, a crew has exclusive rights to a length of beach equal to the total length of the net used, measured from the boat’s position. A crew with fewer than four persons loses priority to a crew with four or more, regardless of arrival time. Two or more turns may be taken simultaneously if double-banking is possible, but no net may be shot around an inner net within 7.5 metres of its cork line without the inner crew’s consent.

Crew duties and limits. The endorsement holder must comply with general crew requirements: the holder and assistant must be engaged in the same fishing activity, the holder must remain in immediate vicinity, no more than one net at a time, and fish must be kept in the holder’s possession until lawfully disposed of. For hauling net (general purpose) and pilchard, anchovy and bait net endorsements, the holder must not exceed the crew limit determined by the Secretary for that fishing business. The Secretary must notify the business owner, who must then notify each nominated fisher as soon as reasonably practicable. Contravention of the crew limit or failure to notify is an offence.

Rights to quota. Eligible shareholders have a right to receive quota shares under the allocation formulas set out in clauses 6B, 6BA, and Schedule 5. They may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued to them, but only if they have not transferred any of those shares. Shares subject to appeal are registered as such and cannot be transferred or dealt with. The Minister may cancel or issue shares to give effect to a panel decision, with no compensation payable.

The Plan creates offences by reference to provisions of the Fisheries Management Act 1994. Contravention of a condition of an endorsement imposed by the Plan is an offence under section 65 of the Act where the Plan so provides, or is made a condition under section 68(6A). Specific clauses that expressly state that contravention is an offence include: clause 6F(2) (taking quota species without quota), clause 22(1)(b) (exceeding crew limit), clause 23(6) (fishing business owner failing to notify nominated fishers of crew limit), clause 24(5) (garfish endorsement holder failing to remain in vicinity of catch until final report), and clause 24A(6) (purse seine endorsement holder failing to remain in possession of catch until final report). The Plan does not specify the penalty amount; that would be found in the Act’s penalty provisions. Additionally, using a net to take fish in the fishery in contravention of the 80 per cent target species rule is declared unlawful under section 24 of the Act by clause 9(3). This would make the use of the net for taking those fish unlawful, potentially leading to seizure and prosecution.

The real-time reporting requirements carry indirect enforcement through the condition requiring the holder to stay near the catch until reporting is done. If a holder fails to report, they commit an offence under section 124A of the Act read with the Plan. For purse seine holders, failing to remain in possession of the catch until final report is an offence. The Plan also makes it a condition to produce evidence of endorsement when requested under the priority rules, and failure to comply with a reasonable request is an offence under section 68(6A).

The Plan does not list specific fines or imprisonment terms. Enforcement is carried out by fisheries officers, who can direct endorsement holders not to fish contrary to priority rights. The closures in Schedules 1, 2, and 3 are made under section 20(2) of the Act, which prohibits the specified class of commercial fishing in those waters. Fishing in those closed waters would be an offence under section 20. The Schedule of bag limits (Schedule 4) imposes daily and possession limits of zero for certain species (e.g., blue swimmer crab, mud crab, spanner crab, longfin eel, southern shortfin eel, Australian sardine for some endorsement holders, and various deepwater species). Taking these species would be an offence under section 18 of the Act. However, the Plan provides a defence for possession of fish taken from outside the fishery if the defendant satisfies the court that the fish were lawfully taken outside the fishery (clause 17A(3)).

The Plan does not establish any civil penalty regime or infringement notice scheme; enforcement relies on the Act’s existing criminal offence framework.

The Plan operates under the Fisheries Management Act 1994, which is the primary legislation. The Act defines the fishery in Schedule 1, and the Plan is made under the regulation-making power of the Act. Section 57 of the Act requires share management plans to include objectives, performance indicators, and triggers for review, all of which are provided in clause 3. Section 57A(5) allows the Plan to adopt provisions of the Supporting Plan, which it does in clause 26, adopting the Fisheries Management (Supporting Plan) Regulation 2006 as it relates to the fishery. The Supporting Plan deals with matters such as closures that apply to more than one share management fishery and priority rights between endorsement holders in different fisheries. The Plan also references the Fisheries Management (General) Regulation 2019 for definitions of prohibited size classes (clause 2 definition of prohibited size class) and for the identifying number of boats (repealed clause 125(3)(a)). That General Regulation also sets out rights of priority between commercial and recreational fishers on recognised fishing grounds, which is separate from the intra-fishery priority rules in Part 7A of this Plan.

The Plan interacts with the Marine Safety Act 1998 through the definition of certificate of survey, which means a certificate in force under the National law within the meaning of that Act, or a document prepared by a marine surveyor accredited by the Australian Maritime Safety Authority specifying measured length. The National Standard for Commercial Vessels of the Commonwealth is used to determine measured length and unique vessel identifier. The Plan also references the Marine Safety (Domestic Commercial Vessel) National Law for the definition of that Standard.

Section 71A of the Act is the mechanism under which quota shares are created as further classes of shares. The Plan’s Part 3A exercises this power. Section 40C of the Act governs who makes fishing determinations; the Plan provides for the TAF Committee to make TAC determinations for eastern sea garfish, and for the Minister to direct either the TAF Committee or the Secretary for other species. Section 40M requires scientific assessment for TAC determinations, but the Minister may exempt the Secretary from that requirement during the transition period under clause 30.

The Plan’s adoption of the Supporting Plan means that amendments to the Supporting Plan automatically affect the ocean hauling fishery. The Plan also notes that certain closures under section 20(2) that apply to more than one share management fishery are dealt with in the Supporting Plan. The Plan’s own closures in Schedules 1-3 are specific to the ocean hauling fishery.

The Fisheries Management (General) Regulation 2019 also contains provisions on real-time reporting (section 124A of the Act), which the Plan supplements with specific reporting requirements for garfish and purse seine endorsement holders. The Plan does not create a separate reporting system but specifies when and how reports under the Act must be made.

Where Commonwealth laws apply, the Plan notes that a relevant fishing boat licence exemption relates to boats used to catch fish under a Commonwealth tuna longline fishing authority. The Plan’s exemption for replacement boat length refers to the maximum length specified on the relevant fishing boat licence, which may be affected by Commonwealth arrangements.

The Regulation was originally made in 2006 and commenced on 5 February 2007. The Appendix (the Ocean Hauling Share Management Plan) has been amended many times. The note at the beginning of the Appendix lists the following amending instruments: 2008 (232), 2008 (521), 2008 (522), 2009 (522), 2010 (114), 2014 (356), 2014 (399), 2016 (403), 2017 (308), 2017 (309), 2017 (566), 2017 (615), 2018 (184), 2018 (323), 2018 (539), 2020 No 30, 2021 (482), 2022 (688), 2023 (13), and 2023 (69). These amendments have affected various parts of the Plan, including the Table to clause 3 (objectives and performance indicators), the quota management provisions (Part 3A introduced in 2017), the boat length restrictions and exempt boat provisions (clauses 18, 18A, 18B, 18C inserted by later amendments), the real-time reporting requirements (Part 9 was added), crew limits for hauling and PAB fishing businesses (Part 8), and the schedules. The amendment in 2017 (615) is noted as having significant changes, including the introduction of quota shares for eastern sea garfish and the transition period. The 2023 amendments are the most recent in the source text.

The source text provided does not contain any information about litigation history. There is no mention of any court cases, decisions, or legal challenges relating to this Plan or the Regulation. The Plan provides for appeals to the Share Appeal Panel regarding the number of quota shares issued (clause 6D), but that is an administrative appeal mechanism, not litigation in a court. The Plan does not reference any judicial review, case law, or tribunal decisions.

Minimum crew number for priority is four. Many fishers might assume a smaller crew can still claim first turn. Clause 18C(4)-(6) creates a blunt rule: a crew with fewer than four persons (one being an endorsement holder) loses priority to any crew with four or more, regardless of who arrived first. A smaller crew is not entitled to a turn while a full crew is ready and waiting. This effectively forces crew sizes up for beach hauling operations.

Appeal rights lost upon transfer of quota shares. Clause 6D(1A) provides that a person who has been issued with quota shares cannot appeal to the Share Appeal Panel against the Minister’s determination of the number if the person has transferred any of those quota shares. The note clarifies that a transferee may not appeal at all. This means that once you sell one share, you lose the right to challenge the original allocation. Any dispute must be resolved before any transfer occurs.

Replacement and new exempt boats limited to three years. Clause 18C provides that an exempt boat may not be replaced after three years from the commencement of that clause, and a person with an entitlement may not acquire an exempt boat after that period. The Secretary may extend for exceptional circumstances, but the default is a hard three-year window. Existing exemptions are grandfathered and transferable, but the opportunity to replace or acquire a new one is time-limited.

Zero bag limits for common species. Schedule 4 sets daily and possession limits of zero for several species that might be caught incidentally. For hauling net (general purpose) endorsement holders, this includes blue swimmer crab, mud crab, spanner crab, longfin eel, southern shortfin eel, Australian sardine, tiger flathead, bluepotted flathead, eastern school whiting, and stout whiting. For garfish net holders, Australian sardine is zero. For all net types, bass grouper, hapuku, bigeye ocean perch, blue-eye trevalla, pink ling, gemfish, eastern school whiting, and stout whiting are zero. Taking any of these species could constitute an offence, even if the primary target is lawful.

Hauling net (general purpose) boat length is 6 metres, not 20. General ocean hauling and other endorsements may tolerate a longer boat, but clause 18(1) limits hauling net (general purpose) boats to a maximum measured length of 6 metres. This is significantly shorter than the 20 metre limit for garfish, pilchard/anchovy/bait, and purse seine nets. Many operators might be using a boat over 6 metres for general purpose hauling, which would be lawful only if an exemption applies (boat with “OH” exemption code before commencement).

Weekend and public holiday restrictions are comprehensive. Clause 12 prohibits ocean hauling operations (other than garfish net) on weekends and public holidays during November to February. Clause 13 prohibits garfish net use on weekends and public holidays year-round. The Plan defines weekend as midnight Friday to midnight Sunday. This means no ocean hauling at all on Saturdays and Sundays in the summer peak season, and garfish net is never allowed on weekends. Fishers must plan their operations strictly around these prohibitions.

Real-time reporting requires remaining in vicinity or possession. For garfish net holders, after a catch estimate report, the endorsement holder must remain in the immediate vicinity of the catch until the final catch report is made (within six hours). For purse seine holders, the holder must remain in possession of the catch until the final catch report (within 72 hours). This means the catch cannot be transported, processed, or sold before the final report is submitted. The condition is enforceable as an offence under section 65 of the Act.

Transfer of entitlement to exempt boat does not carry the exact boat. Clause 18B allows transfer of the entitlement to an exempt boat, meaning the status of having an exempt boat can be sold separately from the boat itself. The transferee becomes entitled to designate a boat as exempt. However, the replacement boat must not be longer than the maximum length specified on the original relevant fishing boat licence. The three-year replacement limitation also binds the transferee. This creates a tradeable right that may have value but is time-limited.

For a fishing business operating under this Plan, compliance requires attention to shareholdings, endorsements, gear, reporting, crew, and priority rules.

Shareholding and endorsements. Persons who wish to fish in the ocean hauling fishery must hold sufficient shares of the appropriate class and region to meet the minimum shareholding. The Plan’s Table in clause 7 and clause 7A set these minima. The shares must all be part of the same ocean hauling fishing business. To obtain an endorsement, the shareholder must apply to the Secretary; only shareholders with the required shares are eligible to receive an endorsement or nominate another person. Endorsement holders must ensure their licence carries the correct endorsement type for the gear they intend to use and the region they intend to fish.

Gear compliance. Each net type has specific lawful dimensions. For hauling net (general purpose), the net must not exceed 400 metres in total length, bunt length not exceeding one-third (or one-quarter in Jervis Bay during certain months), and mesh sizes as specified. No rings or devices that facilitate pursing are allowed. The net must be deployed from and hauled to a beach, used only by hauling method, and operated with at least one other person. Garfish net must not exceed 300 metres, with mesh 28-85 mm (28-36 mm in Jervis Bay), and no pursing devices. Pilchard, anchovy and bait net must not exceed 300 metres excluding hauling lines, which cannot exceed 500 metres, mesh not less than 11 mm. Purse seine net can be up to 1,000 metres (275 metres in Jervis Bay and Twofold Bay) with rings and purse rope allowed, mesh not more than 150 mm. The endorsement holder must also comply with the 80 per cent target species rule: before each haul, the operator should assess likely catch composition and avoid shooting if the haul would fall below the threshold.

Boat length. For hauling net (general purpose), the boat must have a measured length of 6 metres or less as per the most recent certificate of survey. For other endorsements, the limit is 20 metres unless an exemption applies. If an exemption is claimed, the boat must display the unique vessel identifier (or identifying number preceded by “LFB”) in letters and figures at least 300 mm high, clearly visible and contrasting. The certificate of survey must be kept current.

Real-time reporting. Garfish net holders must report each catch of eastern sea garfish: first a catch estimate report by phone or electronic means before leaving the waters or within 30 minutes of landing (whichever comes first), then a final catch report within six hours, stating accurate weight from scales to one decimal place. The holder must remain in the immediate vicinity of the catch until the final report is made. Purse seine holders must report similarly for Australian sardine, blue mackerel, and yellowtail scad: catch estimate before any catch is removed from the boat or taken out of NSW, final report within 72 hours, and must remain in possession of the catch until then. If the reporting system is down, use the approved form and send it within the time specified.

Crew management. For hauling net (general purpose) and pilchard, anchovy and bait net operations, the endorsement holder must comply with the crew limit determined by the Secretary for that fishing business. The business owner must notify the holder of the limit, and the holder must not exceed it. The general crew requirements must be followed: the holder must be in the immediate vicinity, only one net may be used at a time, and fish must remain in the holder’s possession until lawfully disposed of. For beach operations, the minimum crew for priority is four persons (including the endorsement holder); operating with fewer risks losing the turn to a fuller crew.

Area and time restrictions. No ocean hauling is allowed in the waters listed in Schedule 1 (permanent closures) during the applicable periods in Schedule 2 (seasonal closures). Additionally, Schedule 3 restrictions apply to specific areas (e.g., no purse seining in Narrabeen Black Road Bait Ground year-round). All operations must avoid flagged swimming areas. Weekends and public holidays are largely closed during summer for hauling nets other than garfish net; garfish net is never allowed on weekends or public holidays. During the months November to February inclusive, endorsement holders must not carry out ocean hauling operations (other than garfish net) on weekends or public holidays.

Vehicle and identification. Any motor vehicle used in connection with ocean hauling must display the words “Ocean hauling fishery” and the fishing business number allocated by the Secretary. If multiple endorsement holders use the same vehicle, it is sufficient to display the information for one of them.

Priority discipline. Endorsement holders must respect the priority system on the beach. They must not fish contrary to priority after being directed not to do so by a fisheries officer or another endorsement holder. They should familiarise themselves with the rules in clause 18C: first arrival, turn duration, double-banking with 7.5 metre clearance, and forfeiture rules. When another crew has priority, the holder must wait its turn.

Quota obligations. Garfish net and purse seine endorsement holders must ensure they have sufficient quota for the species they take. Before fishing, they should check their quota balance. They must not take these species without quota, even if the target species rule is satisfied. Quota can be acquired through share trading, but appeal rights are lost upon any transfer. The TAC determinations will set the annual catch limits; endorsement holders should monitor these and ensure their catch does not exceed their quota.