Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006
In ForceNSW
Jurisdiction
New South Wales
Act Number
738 of 2006
Collection
regulation
Plain English Summary
8/10 complexity
This Plan sets out who may fish in the Ocean Trap and Line fishery by creating share classes and endorsements, attaches quota and seasonal/area/gear rules to those endorsements, and requires real‑time catch reporting. It primarily affects commercial fishing businesses and endorsement holders; the Minister issues quota shares (cl 5C) and the Secretary sets operational limits (eg. hook/trap limits cl 7EA, 7AA). The measures change fishing behaviour by limiting gear, seasons, boat size and catch/possession, and by creating an allocation and appeals process for quota shares.
This instrument adopts and gives legal effect to the Ocean Trap and Line Share Management Plan by way of a Regulation (Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006). The Regulation commences on 5 February 2007 (Regulation, cl 2) and the Plan itself is reproduced in the Appendix (Regulation, cl 3). The Plan sets out, among other things, the classes of shares and types of endorsements in the ocean trap and line fishery (Part 3, cl 4-5), quota management rules for a number of deepwater species (Part 3A, cls 5A-5F and Schedule 4), minimum and maximum shareholding rules (Part 4, cls 6-7), what fishing gear and configurations are lawful and the conditions of their lawful use (Part 4A, cls 7A-7GA), limits on areas where specified fishing methods are prohibited (Part 4B, cl 7H and Schedule 2), a set of species-specific bag and possession limits (Schedule 3, cl 12AA), seasonal closures for spanner crab (cls 9A-9B), and a suite of real-time reporting obligations for various endorsement holders (Part 5A, cls 12AB-12B).
Operationally, the Plan uses a mix of (a) prescriptive technical rules (hook types, buoy labelling, trap dimensions, maximum boat length,cl 10), (b) quota-based controls for named species with a specified allocation mechanism (Schedule 4), (c) dynamic limits set by the Secretary by instrument (trap limits cl 7AA; hook limits for eastern zone fishing businesses cl 7EA), and (d) report-and-record requirements (real-time catch estimate and final catch reports,cls 12AB, 12AC, 12A). The Plan adopts relevant provisions of the Fisheries Management Supporting Plan (cl 13), and expressly authorises amendments to the Plan for the purposes of s 64 of the Act (cl 14). Offences in the Plan are framed as conditions of endorsements and are linked to the Act’s offence provisions (for example, contraventions are an offence under s 65 or s 68(6A) of the Act as noted in several clauses such as 5F(2), 7AA(7), 7EA(7)).
Current sections
Direct links to the current provisions in Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006.
The ocean trap and line fishery consists of the following (as described in Schedule 1 to the Act)—
(a) the use of a fish trap to take fish from ocean waters,
(b) the use of a line with hooks attached to take fish from ocean waters,
(c) the use of a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from Korogoro Point (Hat Head).
Note 2—
Ocean waters is defined in Schedule 1 to the Act as waters east of the natural coast line. However, for the purposes of the fishery, ocean waters do not include the waters within 3 nautical miles of—
(a) the high water mark on Lord Howe Island, or
(b) Balls Pyramid.
A reference to ocean waters extends to ocean waters managed in accordance with the law of the State under an arrangement with the Commonwealth, but only while that arrangement has effect.
4
Classes of share
4 Classes of share
4 Classes of share
The following classes of share are available in the fishery—
(a) Ocean trap and line—line fishing western zone shares,
(b) Ocean trap and line—line fishing eastern zone shares,
(c) Ocean trap and line—demersal fish trap shares,
(d) Ocean trap and line—school and gummy shark shares,
(e) Ocean trap and line—spanner crab northern zone shares,
(f) Ocean trap and line—spanner crab southern zone shares,
(g) Ocean trap and line—spanner crab quota shares,
(h) Ocean trap and line—bass grouper quota shares,
(i) Ocean trap and line—blue-eye trevalla quota shares,
(j) Ocean trap and line—gemfish quota shares,
(k) Ocean trap and line—hapuku quota shares,
(l) Ocean trap and line—pink ling quota shares,
(m) Ocean trap and line—bigeye ocean perch quota shares.
Note—
The classes of shares referred to in paragraphs (a)–(f) correspond to the types of endorsements available in the fishery.
The shares referred to in paragraphs (g)–(m) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
5
Types of endorsement
5 Types of endorsement
5 Types of endorsement
(1) There are 6 types of endorsement available in the fishery, as follows—
(a) Line fishing western zone endorsement,
(b) Line fishing eastern zone endorsement,
(c) Demersal fish trap endorsement,
(d) School and gummy shark endorsement,
(e) Spanner crab northern zone endorsement,
(f) Spanner crab southern zone endorsement.
(2) Line fishing western zone endorsement A line fishing western zone endorsement authorises the holder to use a handline, rod (or pole) and line, set line or drift line to take fish from ocean waters that are west of the 183 metre (100 fathoms) depth contour.
(3) Only shareholders who hold ocean trap and line—line fishing western zone shares are eligible to be given, or to nominate a person to be given, a line fishing western zone endorsement.
(4) Line fishing eastern zone endorsement A line fishing eastern zone endorsement authorises the holder to use a handline, rod (or pole) and line, set line or drift line to take fish from ocean waters that are east of the 183 metre (100 fathoms) depth contour.
(5) Only shareholders who hold ocean trap and line—line fishing eastern zone shares are eligible to be given, or to nominate a person to be given, a line fishing eastern zone endorsement.
(6) Demersal fish trap endorsement A demersal fish trap endorsement authorises the holder to take fish from ocean waters by means of a fish trap set or used on the sea bed.
(7) Only shareholders who hold ocean trap and line—demersal fish trap shares are eligible to be given, or to nominate a person to be given, a demersal fish trap endorsement.
(8) School and gummy shark endorsement A school and gummy shark endorsement authorises the holder to take school and gummy sharks using a set line from ocean waters south of a line drawn due east from the northern point of the entrance to Moruya River.
(9) Only shareholders who hold ocean trap and line—school and gummy shark shares are eligible to be given, or to nominate a person to be given, a school and gummy shark endorsement.
(10) Spanner crab northern zone endorsement A spanner crab northern zone endorsement authorises the holder to use a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from the southern breakwall at Yamba.
(11) Only shareholders who hold ocean trap and line—spanner crab northern zone shares are eligible to be given, or to nominate a person to be given, a spanner crab northern zone endorsement.
(12) Spanner crab southern zone endorsement A spanner crab southern zone endorsement authorises the holder to use a spanner crab net to take spanner crabs from ocean waters that are south of a line drawn due east from the southern breakwall at Yamba and north of Korogoro Point (Hat Head).
(13) Only shareholders who hold ocean trap and line—spanner crab southern zone shares are eligible to be given, or to nominate a person to be given, a spanner crab southern zone endorsement.
Part 3A
Quota management
Part 3A Quota management
Part 3A Quota management
5A
New classes of shares
5A New classes of shares
5A New classes of shares
(1) The following classes of shares are available in the fishery—
(a) Ocean trap and line—spanner crab quota shares,
(b) Ocean trap and line—bass grouper quota shares,
(c) Ocean trap and line—blue-eye trevalla quota shares,
(d) Ocean trap and line—gemfish quota shares,
(e) Ocean trap and line—hapuku quota shares,
(f) Ocean trap and line—pink ling quota shares,
(g) Ocean trap and line—bigeye ocean perch quota shares.
(2) These shares are created as a further class of shares under section 71A of the Act and are referred to in this Plan as quota shares.
5B
Allocation of quota shares—first issue
5B Allocation of quota shares—first issue
5B Allocation of quota shares—first issue
(1) A person is eligible to be issued with ocean trap and line—spanner crab quota shares if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to ocean trap and line—spanner crab quota shares if, on the relevant date, the person holds ocean trap and line—spanner crab northern zone shares or ocean trap and line—spanner crab southern zone shares.
(3) The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.
(4) The determination is to be made on the basis of an allocation formula set out in a notice published by the Secretary in the Gazette.
(5) The allocation formula is also to be made available on the Department’s website.
(6) The relevant date is the date specified as the relevant date in the notice published by the Secretary under subclause (4).
5BA
Allocation of quota shares—second issue
5BA Allocation of quota shares—second issue
5BA Allocation of quota shares—second issue
(1) A person is eligible to be issued with the quota shares specified in Column 1 of the Table to this clause if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 if, at 12 noon on 28 September 2018, the person holds shares of a class specified opposite in Column 2.
(3) The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.
(4) The determination is to be made on the basis of the allocation formula set out in Schedule 4.
Table Eligibility for quota shares
| Column 1 | Column 2 |
| Quota shares | Existing shares |
| Ocean trap and line—bass grouper quota shares | Ocean trap and line—line fishing eastern zone shares |
| Ocean trap and line—blue-eye trevalla quota shares | Ocean trap and line—line fishing eastern zone shares |
| Ocean trap and line—gemfish quota shares | Ocean trap and line—line fishing eastern zone shares |
| Ocean trap and line—hapuku quota shares | Ocean trap and line—line fishing eastern zone shares |
| Ocean trap and line—pink ling quota shares | Ocean trap and line—line fishing eastern zone shares |
| Ocean trap and line—bigeye ocean perch quota shares | Ocean trap and line—line fishing eastern zone shares |
5C
Issue of quota shares
5C Issue of quota shares
5C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance with a determination under clause 5B or 5BA for each class of quota shares.
(2) The Minister must, as soon as practicable after issuing quota shares—
(a) notify each shareholder of the number of quota shares issued to the shareholder, and
(b) give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
5D
Appeals to Share Appeal Panel
5D Appeals to Share Appeal Panel
5D Appeals to Share Appeal Panel
(1) A person who has been issued with quota shares of a particular class may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of that class issued to the person.
(1A) However, a person may not appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of a particular class issued to the person if the person has transferred any of those quota shares.
Note—
A person to whom quota shares are transferred may not appeal under this clause.
(2) When a person lodges an appeal, the quota shares issued to the person are shares that are subject to appeal.
(3) The transfer of, or any other registrable dealing in, quota shares that are subject to appeal is not permitted.
(4) On completion of an appeal, the Minister may cancel or issue shares in order to give effect to a decision of the Share Appeal Panel.
(5) No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.
(6) For the purposes of section 90 (1) (e) of the Act, shares that are subject to appeal are to be registered as such on the Share Register.
(7) Shares cease to be subject to appeal if—
(a) the appeal to the Share Appeal Panel is withdrawn, or
(b) the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.
Note—
The Supporting Plan contains provisions relating to lodging an appeal to the Share Appeal Panel in relation to the issue of quota shares.
5E
TAC determinations required to be made
5E TAC determinations required to be made
5E TAC determinations required to be made
(1) A determination of the total allowable catch (a TAC determination) of each of the following species is required to be made—
(a) spanner crab (Ranina ranina),
(b) bass grouper (Polyprion americanus),
(c) blue-eye trevalla (Hyperoglyphe antarctica),
(d) gemfish (Rexea solandri),
(e) hapuku (Polyprion oxygeneios),
(f) pink ling (Genypterus blacodes),
(g) bigeye ocean perch (Helicolenus barathri).
Note—
Under section 40C (3) of the Act, the Minister may direct either the TAF Committee or the Secretary to make the fishing determinations (subject to some limitations).
(2) A TAC determination is to be made in respect of each of the following periods or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group—
(a) in the case of spanner crab—12 months commencing on 1 July and ending on 30 June in the following year,
(b) in any other case—12 months commencing on 1 May and ending on 30 April in the following year.
(3) A TAC determination for gemfish is not required to be made under this clause in respect of the fishing period commencing on 1 May 2019 and ending on 30 April 2020.
Note—
For the period commencing on 1 May 2019 and ending on 30 April 2020, a TAC determination for gemfish in the ocean trap and line and ocean trawl fisheries jointly is required to be made. See clause 27 of the Supporting Plan.
5F
Taking fish without quota
5F Taking fish without quota
5F Taking fish without quota
(1) For the purposes of section 68 (6A) of the Act, it is a condition of a spanner crab northern zone endorsement and a spanner crab southern zone endorsement that the endorsement holder does not take spanner crab (Ranina ranina) in the fishery unless the endorsement holder has quota for that species.
Note—
It is also an offence under section 40S of the Act for a shareholder to take fish, or use a fishing method, or to cause or permit an agent to do so, in contravention of the shareholder’s quota.
(1A) For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing eastern zone endorsement that the endorsement holder does not take any of the following species in the fishery unless the endorsement holder has quota for that species—
(a) bass grouper (Polyprion americanus),
(b) blue-eye trevalla (Hyperoglyphe antarctica),
(c) gemfish (Rexea solandri),
(d) hapuku (Polyprion oxygeneios),
(e) pink ling (Genypterus blacodes).
(1B) For the purposes of section 68 (6A) of the Act, it is a condition of the following endorsements that the endorsement holder does not take bigeye ocean perch (Helicolenus barathri) in the fishery unless the endorsement holder has quota for bigeye ocean perch—
(a) line fishing eastern zone,
(b) line fishing western zone,
(c) demersal fish trap.
(2) For the purposes of section 65 of the Act, contravention of this clause is an offence.
Part 4
Minimum and maximum shareholdings
Part 4 Minimum and maximum shareholdings
Part 4 Minimum and maximum shareholdings
6
Minimum shareholdings
6 Minimum shareholdings
6 Minimum shareholdings
(1) For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to a class of shares specified in the Table to this clause is, subject to subclause (2), the number of shares of that class specified in the Table next to the class concerned.
Note—
A person who does not hold the minimum shareholding required for a class of shares will not be eligible to be given, or to nominate another person to be given, an endorsement that authorises the taking of fish in respect of shares of that class. See sections 68 (3) (b) and 69 (2) of the Act.
(2) Despite subclause (1), the minimum shareholding in relation to ocean trap and line—spanner crab northern zone shares if the shareholder held the shares immediately before 18 December 2015 is 5 shares of that class.
(3)–(7) (Repealed)
(8) The shares relied on to meet the minimum shareholding requirement must all be a component of the same ocean trap and line fishing business.
Table
| Class of shares | Minimum shareholding |
| Ocean trap and line—line fishing western zone shares | 60 |
| Ocean trap and line—line fishing eastern zone shares | 40 |
| Ocean trap and line—demersal fish trap shares | 50 |
| Ocean trap and line—school and gummy shark shares | 40 |
| Ocean trap and line—spanner crab northern zone shares | 40 |
| Ocean trap and line—spanner crab southern zone shares | 40 |
7
Maximum shareholding
7 Maximum shareholding
7 Maximum shareholding
For the purpose of section 72 (1) of the Act, the maximum shareholding in relation to all classes of shares, other than quota shares, is 40% of the total number of shares in the fishery at the commencement of this Plan.
Part 4A
Fishing gear
Part 4A Fishing gear
Part 4A Fishing gear
Note—
Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
7A
Fish trap
7A Fish trap
7A Fish trap
(1) It is lawful for the holder of a demersal fish trap endorsement to use a trap for taking fish (other than rock lobsters) in the waters of the fishery 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 following conditions are complied with—
(a) the fish trap is not used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above the trap, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “F”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,
(b) the trap is not used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 5 metres apart,
(c) the trap is not used unless it is secured or weighted so that the trap rests on the seabed.
(d) (Repealed)
(2), (3) (Repealed)
(4) 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 fish trap.
Table Fish trap
| 1 | (a) Waters—Ocean waters.(b) Description of trap—Not exceeding 2 metres in length, 2 metres in width and 2 metres in depth; consisting of mesh having a measurement from one plain wire to the opposite plain wire of not less than 50 mm, except in the back panel; back panel (that is, the side of the trap that is the bottom of the trap when it is lifted) consisting of rectangular or square shaped mesh with a width of not less than 50 mm and a height of not less than 75 mm. |
7AA
Fish trap limits
7AA Fish trap limits
7AA Fish trap limits
(1) The Secretary is to determine, by instrument in writing, a trap limit for each demersal fish trap fishing business.
(2) The trap limit for a demersal fish trap fishing business is the maximum number of fish traps that may be used or set at any one time in all waters, or in specified waters, by persons taking fish on behalf of the fishing business.
(3) The Secretary is to determine the trap limit for each demersal fish trap fishing business in accordance with any guidelines approved by the Minister and published in the Gazette.
(4) The Secretary is to notify the owner of each demersal fish trap fishing business of the trap limit for the business.
(5) A fishing business owner who is notified of a trap limit by the Secretary under this clause must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business is notified of the trap limit.
(6) For the purposes of section 68 (6A) of the Act, it is a condition of a demersal fish trap endorsement that the endorsement holder does not use or set, or cause to be used or set, a number of traps at any one time that exceeds the trap limit for the relevant fishing business.
(7) For the purposes of section 65 of the Act, contravention of subclause (5) or (6) is an offence.
(8) In this clause—
demersal fish trap fishing business means an ocean trap and line fishing business that has ocean trap and line—demersal fish trap shares as a component.
relevant fishing business, in relation to an endorsement holder, means the demersal fish trap fishing business a component of which is the holder’s endorsement.
7B
Spanner crab net
7B Spanner crab net
7B Spanner crab net
(1) It is lawful for the holder of a spanner crab northern zone endorsement or a spanner crab southern zone endorsement to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—
(a) in the case of the holder of a spanner crab southern zone endorsement, not more than 30 spanner crab nets are used at any one time,
(b) in the case of the holder of a spanner crab northern zone endorsement, not more than 40 spanner crab nets are used at any one time,
(c) the net is not used unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above the net, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “C”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,
(d) 1 buoy may be used to indicate the position of a group of nets that are attached to the same line.
(2) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a spanner crab net or a commercial spanner crab net.
Table Spanner crab net
| 1 | (a) Waters—Ocean waters north of Korogoro Point (Hat Head).(b) Description of net—(i) netting attached to a rigid frame with a surface area not exceeding 1.6 square metres, and(ii) netting not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position, and(iii) no more than 2 layers of netting. |
7C
Types of hooks to be used on set lines
7C Types of hooks to be used on set lines
7C Types of hooks to be used on set lines
(1) The holder of a line fishing endorsement must not for the purpose of taking fish in the fishery—
(a) use any set line with hooks attached unless the hooks are circle hooks, or
(b) use any set line in waters that are less than 92 metres (50 fathom) deep with hooks attached unless the hooks are non-offset hooks.
(1A) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
(2) In this clause—
circle hook means a hook that is generally circular in shape and that curves inwards so that a straight line drawn from the point of the hook, following the line of the point of the hook, crosses the shank of the hook (but not the eye of the hook).
line fishing endorsement means a line fishing western zone endorsement, a line fishing eastern zone endorsement or a school and gummy shark endorsement.
non-offset hook means a hook that when laid on a flat surface (except for the eye of the hook where the line is attached) lies entirely on the same dimensional plane (that is, flat).
7D
Use of set lines (restrictions applying to waters within 3 nm)
7D Use of set lines (restrictions applying to waters within 3 nm)
7D Use of set lines (restrictions applying to waters within 3 nm)
(1) This clause applies to the holder of a line fishing endorsement when taking fish by means of a set line in ocean waters that are not more than 3 nautical miles from the natural coast line.
(2) The holder of a line fishing endorsement must not for the purpose of taking fish in the fishery—
(a) use more than 10 set lines, or
(b) use more than 60 hooks in total on the holder’s set lines, or
(c) use any bottom set line with wire trace line, or
(d) use a set line unless its position is indicated by a buoy that—
(i) is moored so as to be positioned above the set line, and
(ii) measures not less than 100 mm in all dimensions, and
(iii) has a height above the water of not less than 50 mm, and
(iv) is moored in such a way that no rope is floating on the surface of the water, and
(v) displays the relevant fishing business number followed by the letter “S”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(3) Subclause (2) (b) does not apply to the holder of a school and gummy shark endorsement taking school and gummy shark in ocean waters south of a line drawn due east from the northern point of the entrance to the Moruya River, if all hooks attached to the set line or lines being used are no smaller than 9/0.
Note—
However, see clause 7E.
(4) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
(5) In this clause—
bottom set line means any set line that is configured so that any part of the mainline, traces or hooks are within 5 metres of the sea bed.
line fishing endorsement means a line fishing western zone endorsement, a line fishing eastern zone endorsement or a school and gummy shark endorsement.
Note—
Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
7E
Use of set lines (other restrictions applying to waters outside 3 nm and the taking of school and gummy shark)
7E Use of set lines (other restrictions applying to waters outside 3 nm and the taking of school and gummy shark)
7E Use of set lines (other restrictions applying to waters outside 3 nm and the taking of school and gummy shark)
(1) This clause applies to the following fishing activities—
(a) the taking of fish by means of a set line in ocean waters more than 3 nautical miles from the natural coast line, and
(b) the taking of school and gummy shark by means of a set line in ocean waters south of a line drawn due east from the northern point of the entrance to the Moruya River, if all hooks attached to the set line or lines being used are no smaller than 9/0.
(2) The holder of a line fishing endorsement must not, for the purpose of taking fish in the fishery, use a set line or lines if the total of all hooks on all set lines being used by the endorsement holder at any one time, for the purposes of a fishing activity to which this clause applies, exceeds either of the following limits—
(a) a limit of 1,200 hooks per endorsement (the endorsement limit),
(b) a limit of 1,200 hooks per fishing business (the fishing business limit).
(3) The endorsement limit applies in respect of each line fishing endorsement, so that the maximum number of hooks that may be used on set lines at any one time, pursuant to that endorsement, in waters to which the endorsement applies is 1,200.
(4) The fishing business limit applies to all line fishing endorsements that are components of the same fishing business, so that the maximum number of hooks that may be used on set lines at any one time pursuant to endorsements that are components of that fishing business is 1,200 hooks.
Note—
For example, if a fisher holds both a line fishing western zone endorsement and a line fishing eastern zone endorsement, and they are components of the same fishing business, the fisher must not exceed the following limits—
(a) 1,200 hooks, in respect of the western zone endorsement,
(b) 1,200 hooks, in respect of the eastern zone endorsement,
(c) 1,200 hooks, in respect of the fishing business of which the endorsements are a component.
Accordingly, the fisher could use up to 1,200 hooks on set lines in the western zone without exceeding the endorsement limit for that endorsement, and use up to 1,200 hooks on set lines in the eastern zone without exceeding the endorsement limit for that endorsement. However, the fisher must ensure that the total number of hooks used across both zones does not exceed 1,200, as this is the fishing business limit for those endorsements.
(5) A separate endorsement limit applies in respect of each line fishing endorsement. Accordingly, an endorsement holder who is taking fish in particular waters pursuant to 2 or more line fishing endorsements of exactly the same type may use up to 1,200 hooks in those waters for each endorsement held, without exceeding an endorsement limit.
Note—
For example, a fisher taking fish pursuant to 2 line fishing western zone endorsements may use up to 2,400 hooks without exceeding the relevant endorsement limits.
(6) A separate fishing business limit applies in respect of each separate fishing business. Accordingly, an endorsement holder who is taking fish in the fishery pursuant to 2 or more line fishing endorsements that are components of separate fishing businesses (whether or not of the same type) may use up to 1,200 hooks for each fishing business, without exceeding a fishing business limit.
Note—
For example, a fisher taking fish pursuant to 2 line fishing western zone endorsements that are components of separate fishing businesses may use up to 2,400 hooks in the western zone without exceeding either an endorsement limit or a fishing business limit.
However, if one endorsement is a line fishing western zone endorsement and the other endorsement is a line fishing eastern zone endorsement, the separate endorsement limits would still apply. That is, the fisher could use a maximum of 1,200 hooks in each zone.
(6A) The endorsement holder must not, for the purpose of taking fish in the fishery in accordance with this clause, use a set line unless its position is indicated by a buoy that—
(a) is moored so as to be positioned above the set line, and
(b) measures not less than 100 mm in all dimensions, and
(c) has a height above the water of not less than 50 mm, and
(d) is moored in such a way that no rope is floating on the surface of the water, and
(e) displays the relevant fishing business number followed by the letter “S”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(7) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
(7A) If a hook limit of greater than 1,200 hooks applies to a line fishing eastern zone fishing business (being a fishing business that has ocean trap and line—line fishing eastern zone shares as a component) under clause 7EA, the following applies—
(a) the endorsement limit for the holder of a line fishing eastern zone endorsement taking fish on behalf of that business is the greater hook limit and not 1,200 hooks,
(b) the fishing business limit for that business is the greater hook limit and not 1,200 hooks,
(c) the greater limit applies only to the taking of fish in the eastern zone,
(d) any references in this clause to 1,200 hooks in relation to a line fishing eastern zone endorsement or fishing business are to be read as the greater hook limit.
(8) In this clause, line fishing endorsement means a line fishing western zone endorsement, a line fishing eastern zone endorsement or a school and gummy shark endorsement.
Note—
Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
7EA
Hook limits for line fishing eastern zone endorsement holders
7EA Hook limits for line fishing eastern zone endorsement holders
7EA Hook limits for line fishing eastern zone endorsement holders
(1) The Secretary is to determine, by instrument in writing, a hook limit for each line fishing eastern zone fishing business.
(2) The hook limit for a line fishing eastern zone fishing business is the maximum number of hooks that may be used on all set lines at any one time, by line fishing eastern zone endorsement holders taking fish on behalf of the fishing business.
(3) The Secretary is to determine the hook limit for each line fishing eastern zone fishing business in accordance with any guidelines approved by the Minister and published in the Gazette.
(4) The Secretary is to notify the owner of each line fishing eastern zone fishing business of the hook limit for the business.
(5) A fishing business owner who is notified of a hook limit by the Secretary under this clause must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business is notified of the hook limit.
(6) For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing eastern zone endorsement that the endorsement holder does not use, or cause to be used, a number of hooks at any one time that exceeds the hook limit for the relevant fishing business.
(7) For the purposes of section 65 of the Act, contravention of subclause (5) or (6) is an offence.
(8) In this clause—
line fishing eastern zone fishing business means an ocean trap and line fishing business that has ocean trap and line—line fishing eastern zone shares as a component.
relevant fishing business, in relation to an endorsement holder, means the line fishing eastern zone fishing business a component of which is the holder’s endorsement.
7F
Use of drift lines
7F Use of drift lines
7F Use of drift lines
(1) The holder of a line fishing endorsement must not, for the purpose of taking fish in the fishery, use a drift line to which is attached—
(a) more than 1 hook unless each hook is part of a gang of hooks, or
(b) more than 1 gang of hooks, or
(c) a gang of hooks that comprises more than 5 hooks, or
(d) another drift line.
(2) The holder of a line fishing endorsement must not, for the purpose of taking fish in the fishery, use more than 30 drift lines at any one time.
(2A) The endorsement holder must not, for the purpose of taking fish in the fishery, use a drift line unless its position is indicated by a buoy, float or similar device attached to the line that—
(a) measures not less than 100 mm in all dimensions, and
(b) has a height above the water of not less than 50 mm, and
(c) displays the relevant fishing business number followed by the letter “D”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.
(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
(4) In this clause—
gang of hooks means a group of hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.
line fishing endorsement means a line fishing western zone endorsement or a line fishing eastern zone endorsement.
Note—
Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.
7G
Use of fish spikes and other implements
7G Use of fish spikes and other implements
7G 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 any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch—
(a) a knife, fish spike or similar implement,
(b) a club or similar implement.
(2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained.
(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
7GA
Use of handline or rod
7GA Use of handline or rod
7GA Use of handline or rod
(1) The holder of a line fishing endorsement must not, when taking fish by means of a handline or rod (or pole) and line in ocean waters that are not more than 3 nautical miles from the natural coast line, for the purpose of taking fish in the fishery, use any handline or rod (or pole) and line with more than 6 hooks attached.
(2) It is a condition of a line fishing endorsement that the endorsement holder does not contravene this clause.
Part 4B
Areas of operation
Part 4B Areas of operation
Part 4B Areas of operation
7H
Restrictions on areas of operation
7H Restrictions on areas of operation
7H Restrictions on areas of operation
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Column 1 of Schedule 2 are waters in which the class of commercial fishing that consists of the method of fishing specified in Column 2 of that Schedule next to the waters concerned is prohibited.
Part 5
General requirements in relation to taking fish
Part 5 General requirements in relation to taking fish
Part 5 General requirements in relation to taking fish
8
Taking of school and gummy shark
8 Taking of school and gummy shark
8 Taking of school and gummy shark
(1) For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing western zone endorsement and a line fishing eastern zone endorsement that the endorsement holder does not take school or gummy shark from ocean waters that are south of a line drawn due east from the northern point of the entrance to Moruya River.
(2) This clause does not apply to an endorsement holder acting as authorised by a school and gummy shark endorsement.
9
Taking of deepwater species of fish
9 Taking of deepwater species of fish
9 Taking of deepwater species of fish
For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing western zone endorsement that the endorsement holder does not take any of the following species of fish in the fishery—
(a) blue-eye trevalla (Hyperoglyphe antarctica),
(b) ling (Genypterus spp.),
(c) gemfish (Rexea solandri),
(d) hapuku (Polyprion oxygeneios),
(e) bass grouper (Polyprion americanus).
9A
Taking of female spanner crab (seasonal restriction)
9A Taking of female spanner crab (seasonal restriction)
9A Taking of female spanner crab (seasonal restriction)
For the purposes of section 20 (2) of the Act, it is declared that the class of commercial fishing that consists of the taking of female spanner crab (Ranina ranina) from the waters of the fishery is prohibited during the period from 21 October in any year to 20 January in the following year (both dates inclusive).
9B
Taking of male spanner crab (seasonal restriction)
9B Taking of male spanner crab (seasonal restriction)
9B Taking of male spanner crab (seasonal restriction)
For the purposes of section 20 (2) of the Act, it is declared that the class of commercial fishing that consists of the taking of male spanner crab (Ranina ranina) from the waters of the fishery is prohibited during the period from 15 November to 14 December in each year (both dates inclusive).
10
Boat length restrictions
10 Boat length restrictions
10 Boat length restrictions
(1) For the Act, section 68(6A), it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery if the measured length of the boat is more than 20m (the maximum boat length).
(2) A boat is exempt from the maximum boat length if the boat—
(a) is an exempt boat, and
(b) displays—
(i) the unique vessel identifier for the boat, or
(ii) the identifying number of the boat, in accordance with subclause (3).
(3) The identifying number of the boat must be displayed—
(a) on both sides of the outside of the bow or wheelhouse, and
(b) following the letters “LFB”, and
(c) using letters and figures that are—
(i) clearly visible, and
(ii) in a colour that contrasts with the boat, and
(iii) at least 300mm high and 150mm wide.
(4) In this clause—
measured length of a boat means the measured length specified in the most recent certificate of survey for the boat.
10A
Boats exempt from maximum boat length
10A Boats exempt from maximum boat length
10A Boats exempt from maximum boat length
(1) A boat is exempt from the maximum boat length if, immediately before the commencement of this clause, a fishing boat licence that specified an “OTL” exemption code (a relevant fishing boat licence) authorised the use of the boat for a declared commercial fishing boat activity.
(2) A boat is exempt only if the following are provided to the Secretary within the relevant period—
(a) the name of the boat,
(b) the identifying number of the boat,
(c) the unique vessel identifier for the boat,
(d) the most recent certificate of survey for the boat.
(3) In this clause—
relevant period means 90 days from the commencement of this clause or a longer period determined by the Secretary.
10B
Transfer of entitlement to exempt boat
10B Transfer of entitlement to exempt boat
10B Transfer of entitlement to exempt boat
(1) A person who, immediately before the commencement of this clause, held a relevant fishing boat licence may transfer the entitlement to an exempt boat to another person.
(2) The person to whom the entitlement to an exempt boat is transferred under subclause (1) may transfer the entitlement to another person.
(3) If a person transfers an entitlement under subclause (1) or (2)—
(a) the transferee is entitled to an exempt boat as if the person was the holder of the relevant fishing boat licence, and
(b) the transferor is no longer entitled to an exempt boat.
10C
New and replacement exempt boats
10C New and replacement exempt boats
10C New and replacement exempt boats
(1) An exempt boat may not be replaced after 3 years from the commencement of this clause.
(2) A person who has an entitlement to an exempt boat may not acquire an exempt boat after 3 years from the commencement of this clause.
(3) The Secretary may extend the 3-year period specified in subclause (1) or (2) if the Secretary is satisfied exceptional circumstances exist.
(4) A replacement boat is exempt from the maximum boat length if—
(a) the boat is not longer than the maximum length specified, immediately before the commencement of this clause, on the relevant fishing boat licence for the replaced boat, and
(b) the following are provided to the Secretary—
(i) the name of the boat,
(ii) the unique vessel identifier for the boat,
(iii) the most recent certificate of survey for the boat,
(iv) if the replacement boat is exempt because of the transfer of an entitlement under clause 10B—evidence that is, in the opinion of the Secretary, reasonably sufficient to demonstrate that the entitlement was transferred in accordance with that clause.
11
Automated baiting machines prohibited
11 Automated baiting machines prohibited
11 Automated baiting machines prohibited
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use an on-board automatic baiting machine in connection with taking fish in the fishery.
(2) In this clause, an automated baiting machine means a machine with a mechanical system that automatically affixes bait on hooks or snoods (or both) to a line, so that there is no need to affix bait by hand at the time of setting fishing gear.
(3) This clause does not apply to a line fishing eastern zone endorsement under clause 5.
12
Taking of fish with the assistance of others
12 Taking of fish with the assistance of others
12 Taking of fish with the assistance of others
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery with the assistance of more than 3 persons who do not hold the same type of endorsement to take fish as the endorsement holder.
12AA
Bag limits for certain species
12AA Bag limits for certain species
12AA 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 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person taking the fish falls within the class of endorsement holders specified next to the species 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 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person in possession of that species of fish falls within the class of endorsement holders specified next to the species described 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.
Part 5A
Real time reporting
Part 5A Real time reporting
Part 5A Real time reporting
12AB
Reports to be made by line fishing eastern zone endorsement holders
12AB Reports to be made by line fishing eastern zone endorsement holders
12AB Reports to be made by line fishing eastern zone endorsement holders
(1) For the purposes of section 124A (1) of the Act, a holder of a line fishing eastern zone endorsement is required to provide the following information to the Secretary in relation to each catch of a relevant species taken by the endorsement holder (a catch estimate report)—
(a) the date of the report,
(b) the registration number of the commercial fishing licence of the endorsement holder,
(c) the number of the fishing business of which the endorsement is a component,
(d) an estimate of the weight of the catch,
(e) where the endorsement holder proposes to land the catch.
(2) For the purposes of section 124A (3) (a) of the Act, a catch estimate report must be made—
(a) before any of the catch is moved out of New South Wales, or
(b) before any of the catch is removed from the boat,
whichever occurs first.
(3) For the purposes of section 124A (1) of the Act, a holder of a line fishing eastern zone endorsement is required to provide the following information to the Secretary in relation to each catch of a relevant species in respect of which the endorsement holder has made a catch estimate report (a final 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 species of the catch,
(d) the weight of the catch,
(e) the manner (if any) in which the catch was processed.
(4) For the purposes of section 124A (3) (a) of the Act, a final catch report must be made—
(a) before any of the catch is moved out of New South Wales, or
(b) within 6 hours of making a catch estimate report in relation to the catch,
whichever occurs first.
(5) For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing eastern zone endorsement that the endorsement holder must remain in the immediate vicinity of the catch until the final catch report has been made.
(6) For the purposes of section 65 of the Act, contravention of subclause (5) is an offence.
(7) For the purposes of this clause, the weight of a catch is to be determined by accurate scales and rounded to 1 decimal place.
(8) In this clause—
relevant species means bass grouper, blue-eye trevalla, gemfish, hapuku and pink ling.
12AC
Reports of bigeye ocean perch catch
12AC Reports of bigeye ocean perch catch
12AC Reports of bigeye ocean perch catch
(1) This clause applies to a holder of any of the following endorsements—
(a) line fishing western zone,
(b) line fishing eastern zone,
(c) demersal fish trap.
(2) For the purposes of section 124A (1) of the Act, an endorsement holder to whom this clause applies is required to provide the following information to the Secretary in relation to each catch of bigeye ocean perch taken by the endorsement holder (a catch estimate report)—
(a) the date of the report,
(b) the registration number of the commercial fishing licence of the endorsement holder,
(c) the number of the fishing business of which the endorsement is a component,
(d) an estimate of the weight of the catch of bigeye ocean perch,
(e) where the endorsement holder proposes to land the catch.
(3) For the purposes of section 124A (3) (a) of the Act, a catch estimate report must be made—
(a) before any of the catch is moved out of New South Wales, or
(b) before any of the catch is removed from the boat,
whichever occurs first.
(4) For the purposes of section 124A (1) of the Act, an endorsement holder to whom this clause applies is required to provide the following information to the Secretary in relation to each catch of bigeye ocean perch in respect of which the endorsement holder has made a catch estimate report (a final 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 bigeye ocean perch,
(d) the manner (if any) in which the catch was processed.
(5) For the purposes of section 124A (3) (a) of the Act, a final catch report must be made—
(a) before any of the catch is moved out of New South Wales, or
(b) within 6 hours of making a catch estimate report in relation to the catch,
whichever occurs first.
(6) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement to which this clause applies that the endorsement holder must remain in the immediate vicinity of the catch until the final catch report has been made.
(7) For the purposes of section 65 of the Act, contravention of subclause (6) is an offence.
(8) For the purposes of this clause, the weight of a catch is to be determined by accurate scales and rounded to 1 decimal place.
12A
Reports to be made by spanner crab northern zone and southern zone endorsement holders
12A Reports to be made by spanner crab northern zone and southern zone endorsement holders
12A Reports to be made by spanner crab northern zone and southern zone endorsement holders
(1) For the purposes of section 124A (1) of the Act, a holder of a spanner crab northern zone or a spanner crab southern zone endorsement is required to provide the following information to the Secretary in relation to each catch of spanner crab taken by the endorsement holder (a catch estimate report)—
(a) the date of the report,
(b) the registration number of the commercial fishing licence of the endorsement holder,
(c) the number of the fishing business of which the endorsement is a component,
(d) an estimate of the weight of the catch of spanner crab.
(2) For the purposes of section 124A (3) (a) of the Act, a catch estimate report must be made—
(a) before the endorsement holder moves more than 50 metres from where the endorsement holder landed the catch, or
(b) before any of the catch is removed from the boat, or
(c) within 30 minutes of the endorsement holder landing the catch,
whichever occurs first.
(3) For the purposes of section 124A (1) of the Act, the endorsement holder is required to provide the following information to the Secretary in relation to each catch of spanner crab in respect of which the endorsement holder has made a catch estimate report (a final 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 spanner crab,
(d) where the endorsement holder landed the catch.
(4) For the purposes of section 124A (3) (a) of the Act, a final catch report must be made—
(a) before any of the catch is moved out of New South Wales, or
(b) within 3 hours of making a catch estimate report in relation to the catch,
whichever occurs first.
(5) For the purposes of section 68 (6A) of the Act, it is a condition of a spanner crab northern zone endorsement and a spanner crab southern zone endorsement that the endorsement holder must remain in the immediate vicinity of the catch until the final catch report has been made.
(6) For the purposes of section 65 of the Act, contravention of subclause (5) is an offence.
(7) For the purposes of this clause, the weight of a catch of spanner crab is to be determined by accurate scales and rounded to 1 decimal place.
12B
Reporting when real time reporting system not available
12B Reporting when real time reporting system not available
12B 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 report as required under this Part 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.
Part 6
General
Part 6 General
Part 6 General
13
Adoption of Supporting Plan
13 Adoption of Supporting Plan
13 Adoption of Supporting Plan
For the purposes of section 57A (5) of the Act, the provisions of the Supporting Plan, as they relate to the fishery, and as in force from time to time, are adopted by this Plan.
14
Authorised amendments to Plan
14 Authorised amendments to Plan
14 Authorised amendments to Plan
For the purposes of section 64 of the Act, any amendment to this Plan is authorised.
| Column 1 | Column 2 |
| Area affected | Methods of fishing prohibited |
| 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. | Any method involving the use of a fish trap. |
| 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. | Any method involving the use of a fish trap. |
| 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 | Any method involving the use of a fish trap. |
| 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. | Any method involving the use of a fish trap. |
| 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. | Any method of fishing. |
| 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. | Any method involving the use of a fish trap. |
Schedule 3
Bag limits
Schedule 3 Bag limits
Schedule 3 Bag limits
(Clause 12AA)
In this Schedule—
ocean trawl fisher means a person who holds an endorsement in the ocean trawl fishery or a person who takes fish using a boat on board which is another person who holds an endorsement in the ocean trawl fishery.
| Column 1 | Column 2 | Column 3 | Column 4 |
| Species of fish | Daily limit and possession limit | Fishers to whom bag limit applies | Waters |
| Blue swimmer crab (Portunus armatus). | 25 kilograms. | Demersal fish trap endorsement holders. | All ocean waters. |
| Blue swimmer crab (Portunus armatus). | 0. | Line fishing western zone endorsement holders and line fishing eastern zone endorsement holders. | All ocean waters. |
| Mud crab (Scylla serrata). | 0. | Line fishing western zone endorsement holders, line fishing eastern zone endorsement holders and demersal fish trap endorsement holders. | All ocean waters. |
| Spanner crab (Ranina ranina). | 0. | Line fishing western zone endorsement holders, line fishing eastern zone endorsement holders and demersal fish trap endorsement holders. | All ocean waters. |
| Longfin eel (Anguilla reinhardtii). | 0. | Line fishing western zone endorsement holders, line fishing eastern zone endorsement holders and demersal fish trap endorsement holders. | All ocean waters. |
| Southern shortfin eel (Anguilla australis). | 0. | Line fishing western zone endorsement holders, line fishing eastern zone endorsement holders and demersal fish trap endorsement holders. | All ocean waters. |
| Eastern sea garfish (Hyporhamphus australis). | 20. | Line fishing western zone endorsement holders. | All ocean waters. |
| Eastern sea garfish (Hyporhamphus australis). | 0. | Line fishing eastern zone endorsement holders and demersal fish trap endorsement holders. | All ocean waters. |
| Banded rockcod (Hyporthodus ergastularius), Greeneye dogfish (Squalus mitsukurii), Redfish (Centroberyx affinis), Flame snapper (Etelis coruscans), Blue warehou (Seriolella brama). | 15 kilograms comprised of any single species or a combination of species, whether whole or gutted and gilled. | Holders of a line fishing western zone endorsement who do not also hold a line fishing eastern zone endorsement. | Waters north of latitude 29°15′S. |
| Wobbegong (Orectolobus spp.). | 6 comprised of any single species or a combination of species. | All endorsement holders. | All ocean waters. |
| Bass grouper (Polyprion americanus). | 0. | Demersal fish trap endorsement holders. | All ocean waters. |
| Hapuku (Polyprion oxygeneios). | 0. | Demersal fish trap endorsement holders. | All ocean waters. |
| Blue-eye trevalla (Hyperoglyphe antarctica). | 0. | Demersal fish trap endorsement holders. | All ocean waters. |
| Pink ling (Genypterus blacodes). | 0. | Demersal fish trap endorsement holders. | All ocean waters. |
| Gemfish (Rexea solandri). | 0. | Demersal fish trap endorsement holders. | All ocean waters. |
| Tiger flathead (Platycephalus richardsoni). | 0. | Line fishing western zone endorsement holders who are ocean trawl fishers and who are using a boat on which there is an otter trawl net (prawns), otter trawl net (fish) or danish seine net (fish) (whether or not the net is being used to take fish). | All ocean waters. |
| Tiger flathead (Platycephalus richardsoni). | 0. | Line fishing eastern zone and demersal fish trap endorsement holders (whether or not they are ocean trawl fishers). | All ocean waters. |
| Tiger flathead (Platycephalus richardsoni) and bluespotted flathead (Platycephalus caeruleopunctatus). | 50 kilograms comprised wholly of any single species or a combination of species. | Line fishing western zone endorsement holders who are not ocean trawl fishers. | All ocean waters. |
| Tiger flathead (Platycephalus richardsoni) and bluespotted flathead (Platycephalus caeruleopunctatus). | 50 kilograms comprised wholly of any single species or a combination of species. | Line fishing western zone endorsement holders who are ocean trawl fishers and who are using a boat on which there is no otter trawl net (prawns), otter trawl net (fish) or danish seine net (fish). | All ocean waters. |
| Bluespotted flathead (Platycephalus caeruleopunctatus). | 0. | Line fishing western zone endorsement holders who are ocean trawl fishers and who are using a boat on which there is an otter trawl net (prawns), otter trawl net (fish) or danish seine net (fish) (whether or not the net is being used to take fish). | All ocean waters. |
| Bluespotted flathead (Platycephalus caeruleopunctatus). | 0. | Line fishing eastern zone and demersal fish trap endorsement holders (whether or not they are ocean trawl fishers). | All ocean waters. |
| Silver trevally (Pseudocaranx georgianus). | 0. | Line fishing western zone, line fishing eastern zone and demersal fish trap endorsement holders using a boat on which there is an otter trawl net (fish) or danish seine net (fish) (whether or not the net is being used to take fish). | All ocean waters. |
| Eastern school whiting (Sillago flindersi). | 0. | Holders of the following endorsements—(a) line fishing western zone,(b) line fishing eastern zone,(c) demersal fish trap. | All ocean waters. |
| Stout whiting (Sillago robusta). | 0. | Holders of the following endorsements—(a) line fishing western zone,(b) line fishing eastern zone,(c) demersal fish trap. | All ocean waters. |
| Australian sardine (Sardinops sagax). | 0. | Holders of the following endorsements—(a) line fishing western zone,(b) line fishing eastern zone,(c) demersal fish trap. | All ocean waters. |
Schedule 4
Allocation of quota shares
Schedule 4 Allocation of quota shares
Schedule 4 Allocation of quota shares
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 (Ocean Trap and Line Share Management Plan) Regulation 2006.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 5 February 2007.
3 Ocean Trap and Line Share Management Plan
3 Ocean Trap and Line Share Management Plan
3 Ocean Trap and Line Share Management Plan
The Ocean Trap and Line Share Management Plan set out in the Appendix to this Regulation has effect.
This is the Ocean Trap and Line Share Management Plan.
2 Definitions
2 Definitions
2 Definitions
(1) In this Plan—
certificate of survey for a boat means—
(a) a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998, or
(b) if a certificate of survey has not been issued for the boat—a document that—
(i) is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and
(ii) specifies the measured length of the boat determined in accordance with the National Standard for Commercial Vessels.
The Plan also provides administrative mechanisms affecting rights and transactions: the Minister issues quota shares to eligible shareholders under cl 5B/5BA and cl 5C; issued shares subject to appeal become frozen against registrable dealings (cl 5D(2)-(3)); and the Secretary publishes allocation formulas, guidelines and instrumented limits in the Gazette and notifies affected fishing business owners (cls 5B(4)-(5), 7AA(1)-(4), 7EA(1)-(5)). The Plan lists primary and key secondary species and specifies triggers for plan review tied to biological and economic performance indicators (Part 2, cl 3 and Schedule 1). The Appendix records multiple subsequent amendments (2008-2023), indicating the Plan has been subject to iterative change; see “Amendment history” below for the list as recorded in the instrument.
Who pays: endorsement holders, shareholders and fishing businesses carry the direct compliance costs (equipment and marking, limits on gear and boat size, recordkeeping, real-time reporting and remaining in vicinity of catch pending final report). Who decides: ministerial and departmental actors (the Minister and the Secretary) retain delegated powers to determine allocations, issue quota shares, set trap and hook limits, approve guidelines and gazette notices, and to notify fishing business owners of limits (see cll 5B-5C, 7AA, 7EA). What behaviour changes: fishers adjust gear, fleet composition and operations to satisfy hook/trap/boat length limits, record and report catch data in real time, and restructure shareholdings to meet minimum or avoid maximum shareholding thresholds.
The regulation text is the Plan itself and the schedules. All references below are to clauses and schedules that appear in the Plan contained in the Appendix to the Regulation; where the Plan refers to provisions of the Fisheries Management Act 1994 (“the Act”) or other instruments, the Plan typically does so to link endorsement conditions and to identify offence consequences.
Main concepts
This Plan organises the fishery around three interlocking legal and economic instruments: shares (including quota shares), endorsements tied to shares, and technical/operational controls on fishing gear and activity. The main conceptual elements are:
Shares and endorsements: The Plan specifies classes of shares available in the fishery (cl 4) and links a user’s right to fish to holding an endorsement that is in turn only available to shareholders in the corresponding share class (cl 5(1), cl 5(3), cl 5(5), cl 5(7), cl 5(11), cl 5(13)). This creates a property-like, share-based access architecture where share ownership controls eligibility for endorsements which authorise fishing methods. Minimum and maximum holdings apply (Part 4, cl 6-7), with the minimum expressed per class (cl 6 Table) and a general maximum of 40% of total shares for non-quota shares (cl 7).
Quota management overlay: Part 3A introduces quota shares for specified species (cls 5A-5F). The Minister issues quota shares to eligible shareholders under an allocation formula (cl 5B-5C) and the Plan requires TAC determinations for each quota species on specified annual cycles (cl 5E). Clauses create offences for taking quota species without quota (cl 5F(1)-(2)) and freeze transfers of shares subject to appeal (cl 5D(2)-(3), (6)).
Technical gear and vessel controls: The Plan prescribes acceptable types and dimensions of gear (fish trap Table to cl 7A; spanner crab net Table to cl 7B), mandates hook types (cl 7C), limits per-endorsement and per-fishing-business hook numbers in different waters (cls 7D-7E), restricts use of drift lines and sets limits on hooks per drift line and number of drift lines (cl 7F), prohibits automated baiting machines on-board (cl 11), restricts use of knives/spikes during capture operations (cl 7G), and sets maximum boat length at 20 metres with an exemption regime (cl 10-10C).
Spatial and seasonal controls: The Plan declares specific waters where particular methods are prohibited (cl 7H and Schedule 2) and lists seasonal closures for female and male spanner crab (cls 9A and 9B).
Reporting and monitoring: The Plan imposes real-time or near-real-time reporting obligations on endorsement holders for defined species catches (cls 12AB, 12AC, 12A), with precise timing triggers for catch estimate and final catch reports (for example, catch estimates must be made before catch is moved out of NSW or removed from boat; final reports within specified hours). It sets standards for weighing (accurate scales, rounded to 1 decimal place) (cls 12AB(7), 12AC(7), 12A(7)). The Plan also provides a fallback for when the real-time reporting system is unavailable: complete an approved form and send it to the Secretary within the time specified (cl 12B).
Administrative discretion and instruments: The Secretary and Minister exercise several delegated powers to give effect to the regime: publish allocation formulas and notices in the Gazette (cl 5B(4)-(5)); determine trap limits (cl 7AA) and hook limits for eastern zone fishing businesses (cl 7EA) by written instrument in accordance with Minister-approved guidelines and to notify owners; adopt the Supporting Plan by reference (cl 13); and authorise amendments to the Plan (cl 14).
Performance indicators and review triggers: Part 2 (cl 3) lists objectives (ecologically sustainable development/conservation and promoting viable commercial fishing), associated performance indicators (discard rates, exploitation status, secondary species contribution, interactions with threatened or protected fish, net returns) and triggers for review (e.g. observed increases in discards, change to “overfished” status, secondary species contribution exceeding 15% for two consecutive years, net returns negative for three consecutive years). These indicators tie management action and review to scientific and economic metrics.
Species classification and limits: Schedule 1 lists primary and key secondary species; Schedule 3 sets detailed daily and possession limits by species, endorsement class and waters (e.g. blue swimmer crab allowances differ by endorsement,25 kg for demersal trap endorsement holders, 0 for line fishing endorsement holders).
The Plan repeatedly links its conditions to the Act’s enforcement provisions. Many clauses make compliance a condition of an endorsement and expressly note the breach constitutes an offence under the Act (see, eg, cl 5F(2), 7AA(6)-(7), 7EA(6)-(7), 12AB(6), 12AC(6), 12A(5)-(6)). The Plan therefore blends statutory licence conditions with administrative instruments and operational rules to control effort and allocation across the fishery.
Who it affects
This Plan directly affects several discrete groups and, indirectly, the markets and communities connected to the fishery. The groups and how they are affected:
Shareholders: Persons holding classes of shares in the fishery (cl 4) are the gatekeepers to endorsements. Minimum shareholding requirements determine who may hold endorsements (Part 4, cl 6). Quota shares issued under Part 3A (cls 5A-5C, Schedule 4) directly affect eligible shareholders in the eastern zone and spanner crab share classes by altering entitlements to harvest specified quota species. The Minister determines allocations and the Secretary publishes formulae and notices (cl 5B(3)-(6), cl 5C(1)-(2)). Shareholders who receive quota shares and wish to challenge allocations may appeal to the Share Appeal Panel; while appeals are pending, the shares become subject to appeal and cannot be transferred or otherwise dealt with (cl 5D(1)-(3), (6)-(7)).
Endorsement holders and nominated fishers: Endorsement holders are persons who hold commercial fishing licences with endorsements authorising specified methods; the Plan’s operational and technical rules are framed as conditions on endorsements. Endorsement holders must comply with hook and trap limits (Part 4A, cls 7A-7F, 7AA, 7EA), buoy and labelling requirements for gear (multiple clauses, eg cl 7A(1)(a)(v), cl 7B(1)(c)(v), cl 7D(2)(d)), prohibitions on automated baiting machines (cl 11), and limits on assistance (no more than three persons not holding the same type of endorsement to assist,cl 12). Real-time reporting obligations apply to particular endorsement holders: line fishing eastern zone holders must make catch estimate and final catch reports for specified relevant species (cl 12AB), holders of line fishing western/eastern/demersal trap endorsements must report bigeye ocean perch (cl 12AC), and spanner crab endorsement holders have reporting windows and must remain in vicinity until final catch report (cl 12A). Endorsement holders are the primary group paying compliance costs for gear, labelling, reporting systems and possible licence adjustments.
Fishing businesses: Many limits apply at the level of the fishing business as opposed to the individual endorsement (notably the fishing business hook limits in cl 7E(2)(b) and the trap limits in cl 7AA(2)). The Secretary notifies fishing business owners of trap and hook limits (cls 7AA(4)-(5), 7EA(4)-(5)), and fishing business owners must ensure nominated fishers are notified (cls 7AA(5), 7EA(5)). Owners therefore bear administrative duties and possible operational constraints when endorsements are components of the same business.
Vessel owners and operators: Boat length restrictions (cl 10) and the exempt-boat regime (cls 10A-10C) place requirements on vessel owners to supply certificates of survey, unique vessel identifiers or former identifying numbers and to comply with display requirements (cl 10(2)-(3), cl 10A(2)). Exemption entitlements can be transferred under limited conditions (cl 10B), and replacement or new exempt boats are curtailed after a three-year window (cl 10C). Vessel owners pay costs to comply with survey and display obligations and face limitations on fleet renewal via the exemption time-limited rules.
Processors, transporters and market participants: Real-time reporting obligations (cls 12AB-12A) require endorsement holders to report proposed landing points and timing before moving catch out of NSW or off the vessel. Market participants receiving supply must expect and rely on these reports and may be indirectly affected by timing constraints and potential restrictions on movement if reporting obligations are unmet.
Regulators and the Department: The Secretary and the Minister have powers to determine limits, publish guidelines and allocation notices, make TAC determinations (cl 5E), and adopt or amend the Plan (cl 13-14). The Department is responsible for running or providing the real-time reporting system and handling fallback forms when that system is unavailable (cl 12B). The public sector bears administrative costs for monitoring, enforcement, appeals (Share Appeal Panel), TAC setting, and instrument publication.
Small coastal and recreational fishers: While the Plan targets commercial endorsement holders and shareholders, Schedule 3 bag limits and certain area closures can affect recreational or smaller-scale fishers depending on the endorsement and vessel combinations described. The Plan also specifies defence grounds for possession which arise when fish were lawfully taken outside the fishery (cl 12AA(3)).
Interested public and environmental stakeholders: The Plan’s performance indicators and review triggers (Part 2, cl 3) create mechanisms for scientific assessment and review when indicators suggest ecological risk or economic non-viability; expert advice will be sought by the Secretary for determinations related to threatened species interactions and protected fish (cl 3 Table, columns for triggers).
Who pays: compliance costs fall mainly on endorsement holders, fishing businesses and vessel owners. Who decides: Minister and Secretary exercise allocation and limit-setting powers. What behaviour changes: operators must adapt gear types, buoy marking, hook configurations, reporting systems, and potentially restructure shareholdings or business ownership to fit minimum/maximum rules and to be eligible for quota shares.
Key duties and rights
The Plan creates a mixture of duties (most framed as conditions of endorsements) and rights (share- and quota-related entitlements, appeal rights). Key duties and rights include:
Duties (explicit statutory or plan-imposed obligations)
Duty to hold appropriate endorsement for a method: Only persons who hold shares of a class are eligible to be given relevant endorsements (see cl 5(3), (5), (7), (11), (13)). A person without the required endorsement or minimum shareholding will not be eligible to nominate or be given an endorsement (cl 6 Note).
Conditions on taking quota species: Endorsement holders cannot take certain quota-managed species unless they hold quota for that species,spanner crab endorsements and line fishing eastern/western/demersal trap endorsements contain such conditions (cl 5F(1), (1A), (1B)). Contravention is an offence under the Act (cl 5F(2)).
Gear, labelling and configuration duties: Multiple clauses prescribe how gear must be configured and marked. Examples include buoys above traps/nets/set lines with fishing business numbers followed by specific letters (cl 7A(1)(a)(v) requires “F” on trap buoys; cl 7B(1)(c)(v) requires “C” on spanner crab net buoys; cl 7D(2)(d), cl 7E(6) require “S” on set-line buoys; cl 7F(2A) requires “D” on drift line buoys). Buoys have minimum size and height requirements (not less than 100 mm in all dimensions and at least 50 mm above water,appears repeatedly).
Hook, line and trap limits: Endorsement holders must comply with hook counts per endorsement and fishing business (cls 7D-7E, 7EA) and with drift line hook counts and number limits (cl 7F). Demersal trap size and mesh are prescribed (cl 7A Table). Some materials are restricted (no wire trace on bottom set lines in waters within 3 nm, cl 7D(2)(c)).
Reporting duties: Real-time catch estimate and final catch reports must be provided by defined endorsement holders for relevant species (cll 12AB, 12AC, 12A). Timing is strict,catch estimate before catch leaves NSW or before catch is removed from vessel; final catch report within the specified time window (6 hours for certain species, 3 hours for spanner crab, or the earlier of within stated hours or before catch moved out) (cll 12AB(2), (4), 12AC(3), (5), 12A(2), (4)). Weighing standards,accurate scales, rounding to 1 decimal place,are specified (cll 12AB(7), 12AC(7), 12A(7)). Endorsement holders must remain in the immediate vicinity of the catch until final report is made (cll 12AB(5), 12AC(6), 12A(5)).
Notification and compliance duties for fishing business owners: Where the Secretary sets trap or hook limits, the business owner must ensure nominated fishers are notified as soon as reasonably practicable (cls 7AA(5), 7EA(5)). If the Secretary notifies the owner of trap/hook limits, that owner carries administrative duties.
Limits on assistance and vessel size: A holder must not use a boat with more than three assisting persons who do not hold the same endorsement type (cl 12). Boats used to fish may not exceed 20m measured length except where an exempt boat regime applies (cl 10); exemptions are subject to documentary requirements and time limits (cls 10A-10C).
Observance of spatial and seasonal prohibitions: Operators must comply with area prohibitions in Schedule 2 (cl 7H) and with seasonal closures on taking spanner crab,female spanner crab closed 21 Oct-20 Jan, male spanner crab closed 15 Nov-14 Dec (cls 9A-9B).
Rights and administrative entitlements
Right to be issued quota shares if eligible: Eligible shareholders are to be issued quota shares for specified classes (cl 5B-5C). Eligibility rules are set by reference to shareholding at specified relevant dates (cl 5B(2), cl 5BA(2) referencing 12 noon on 28 September 2018). The Minister determines number of quota shares using allocation formulas published by notice in the Gazette or in Schedule 4 (cl 5B(3)-(5), cl 5BA(3)-(4), Schedule 4).
Appeal rights: An eligible person who has been issued quota shares may appeal the Minister’s determination of the number allocated to the Share Appeal Panel (cl 5D(1)). Restrictions apply: a person who has transferred any of those quota shares may not appeal (cl 5D(1A)), and while appeal pending, shares are subject to appeal and cannot be transferred (cl 5D(2)-(3)). The Minister may give effect to the Share Appeal Panel’s decision by cancellation or issuing shares, and no compensation is payable for cancellation to give effect (cl 5D(4)-(5)).
Administrative discretion with process protections: The Secretary and Minister must make certain determinations and notifications in accordance with guidelines and publication requirements. For example, trap limits and hook limits must be determined in accordance with Minister-approved guidelines and published in the Gazette; the Secretary must notify affected owners (cls 7AA(3)-(4), 7EA(3)-(5)). The Plan also adopts the Supporting Plan as in force from time to time (cl 13), which likely contains procedural detail for appeals and other administrative processes.
Defences for possession: The Plan clarifies a defence to a prosecution for possession-limit offences where fish were lawfully taken outside the fishery (cl 12AA(3)).
Right to transfer certain entitlements: The entitlement to an exempt boat can be transferred under limited circumstances, and transferees assume the entitlement while the transferor loses it (cl 10B(1)-(3)). Quota share transfers are constrained when subject to appeal (cl 5D(2)-(3)).
Procedural duties tied to enforcement
Many compliance duties are stated as conditions of endorsements, and the Plan points to the Act’s enforcement provisions for contraventions. For example, breach of clause 5F is an offence for the purposes of s 65 (cl 5F(2)), contravention of trap/ hook limit notification duties is an offence (7AA(7), 7EA(7)), contravention of remaining-in-vicinity obligations is an offence (12AB(6), 12AC(6), 12A(6)). The Plan thereby converts operational rules into enforceable conditions, which affects licensing renewal, prosecution, and sanction possibilities under the Act.
Practical consequence: duty-holders must align corporate and business structures to reflect fishing business limits and endorsement composition; maintain records and reporting capability; ensure gear and vessel compliance; and follow formal processes for appeals and transfers. The Secretary and Minister exercise significant regulatory discretion in determining allocation formulas, TACs, trap and hook limits, and in publishing guidelines that give effect to those decisions.
Penalties and enforcement
The Plan frames non-compliance mostly as violations of conditions of endorsements and refers to the Fisheries Management Act 1994 for criminal or administrative consequences. The instrument itself identifies which contraventions are offences and which are actionable administrative conditions; enforcement is therefore principally under the Act. The Plan does the following in relation to penalties and enforcement:
Links offences to Act provisions: Multiple clauses explicitly state that contravention is an offence for the purposes of the Act and direct to relevant sections. Examples include: contravention of cl 5F (taking quota species without quota) is an offence for the purposes of s 65 (cl 5F(2)); contravention of trap/hook limit duties and notification obligations is an offence for the purposes of s 65 (cl 7AA(7), cl 7EA(7)); contravention of remaining-in-vicinity obligations associated with reporting is an offence for the purposes of s 65 (cl 12AB(6), cl 12AC(6), cl 12A(6)); cl 7D(4), cl 7C(1A) and others make the clause a condition of endorsement, implicating the Act’s sanctioning regime.
Conditions of endorsements as enforcement lever: The Plan makes many obligations explicit conditions of endorsements (for example, cl 5F(1), cl 7C(1A), cl 7D(4), cl 7E(7), cl 11(1)). Under the Act, breaches of endorsement conditions can lead to licence suspension, cancellation, and in some cases criminal sanction. The Plan therefore embeds regulatory leverage in licensing conditions rather than separate standalone offences for each technical requirement.
Share/transfer restrictions and appeal consequences: The Plan freezes shares subject to appeal (cl 5D(2)-(3)), meaning the Secretary can prevent transfers and other registrable dealings where there is an outstanding appeal. Where the Minister cancels shares under cl 5D(4), the Plan expressly states that no compensation is payable by or on behalf of the State for such cancellations (cl 5D(5)), limiting recourse in the event of administrative cancellation to contest mechanisms rather than automatic compensation.
Administrative enforcement by Secretary: The Secretary is empowered to determine trap and hook limits (cls 7AA, 7EA), and notification to owners is required. Failure by a fishing business owner to notify nominated fishers of limits is itself an offence (cls 7AA(6)-(7), 7EA(6)-(7)). These provisions create direct compliance obligations on both the Secretary’s instruments and the business owner's administrative actions.
Statutory offences in the Act referenced: The Plan references specific Act offences where relevant. For example, cl 5F notes it is also an offence under s 40S of the Act for a shareholder to take fish or use a method in contravention of the shareholder’s quota. The Plan also reminds that section 24 of the Act makes it an offence to use a net or trap unless its use is declared lawful by the regulations (Part 4A Note).
Operational enforcement features: Many duties include objective technical requirements (buoy size and markings, hook counts, vessel measurement, certified scales). These create straightforward compliance checks for inspectors. The Plan also creates flaggable behaviours such as failing to remain in vicinity until final report is made (cls 12AB(5), 12AC(6), 12A(5)). Enforcement agencies can therefore use both documentary and on-site checks.
Sanctions for non-compliance of a different character: The Plan contains mechanisms that are not strictly punitive but have economic effect: quota share cancellations under cl 5D(4) to give effect to Share Appeal Panel decisions; restrictions on transfers for shares subject to appeal (cl 5D(3)); and limits on permissibility of replacing exempt boats after a 3-year window (cl 10C(1)-(2)).
Procedural risk and remedial routes: The Plan provides appeal rights to the Share Appeal Panel for quota allocations (cl 5D). It does not in the text provide full procedural detail for other administrative decisions (those details are in the Supporting Plan adopted under cl 13). The Secretary and Minister must follow Minister-approved guidelines when setting trap and hook limits (cls 7AA(3), 7EA(3)), which provides a procedural constraint on discretion, though the text does not set out merits review mechanisms for those instrument decisions.
Practical enforcement implications
Inspectors and authorised officers can check gear dimensions, buoy markings, hook counts, presence of automated baiting machines, and weigh and compare reported catches with physical logs. Non-compliance can result in prosecution under the Act or licence conditions being enforced administratively.
Shareholdings: enforcement interacts with property-like rights; for example, a cancelled share under cl 5D(4) is not compensated by the State under cl 5D(5). That shifts risk to shareholders who lodge appeals and lose, exposing them to balance-sheet consequences.
Operational disruption: real-time reporting obligations and immediate vicinity rules mean that enforcement can prevent catch movement pending compliant reporting; breaches can be enforced criminally or administratively.
Discretion and publication: the Secretary’s instrumented limits and the Minister’s allocation determinations rely on prior publication (Gazette and Department website) and guideline approval. This creates transparency obligations but also concentrates decision-making with the Minister and Secretary.
The Plan therefore combines criminal enforcement (via the Act), administrative penalties (licence conditions), and economic consequences (frozen or cancelled shares, limits that reduce capacity to fish) to achieve compliance. Enforcement burden sits with fisheries agencies and the Secretary, though business owners and endorsement holders bear most of the compliance costs and legal risk.
How it interacts with other laws
The Plan repeatedly cross-references and adopts provisions from several other legal instruments and statutory frameworks. These interactions shape interpretation, compliance obligations and enforcement jurisdiction. The key cross-links in the text are:
Fisheries Management Act 1994 (the Act): The Plan is made under the Act and repeatedly references the Act for authority, offences and review triggers. Many Plan provisions are expressed as conditions of endorsements for the purposes of section 68(6A) of the Act (for example cll 5F, 7C, 7D, 7E, 7AA, 7EA, 11, 12, etc). The Plan refers to the Act for the definition of the fishery (cl 2 definition: fishery means the ocean trap and line fishery as described in Schedule 1 to the Act), for provisions governing reviews (cl 3 makes performance indicators for the purposes of s 57(2) of the Act), for offences such as s 24 (use of nets/traps) and s 25 (possession offences), and for enforcement provisions s 65 and s 68(6A). The Plan’s powers to create further classes of shares are linked to s 71A of the Act (cl 5A).
Fisheries Management (Supporting Plan) Regulation 2006 (the Supporting Plan): The Plan expressly adopts the Supporting Plan as it relates to the fishery and as in force from time to time (cl 13). The text also directs readers to the Supporting Plan for procedural provisions relating to lodging appeals to the Share Appeal Panel (cl 5D Note). This means procedural and some substantive management details are implemented through the Supporting Plan rather than repeated in this Plan.
Marine Safety Act 1998 and National Law for Commercial Vessels: The Plan defines “certificate of survey for a boat” by reference to the National law as within the meaning of the Marine Safety Act 1998 (cl 2 definitions). It also references the National Standard for Commercial Vessels and the Australian Maritime Safety Authority issuing unique vessel identifiers (cl 2 definitions; cl 10(2)). Vessel measurement and certification are therefore governed by Commonwealth/ national maritime standards, and the Plan imports those definitions for its boat-length rules.
Fisheries Management (General) Regulation 2019: The Plan refers to identifying numbers issued under clause 125(3)(a) of the General Regulation before its repeal, and adopts the same meaning for “natural coast line” as in the General Regulation (cl 2 definitions). The Plan therefore contains legacy cross-references and clarifies reliance on previously-issued identifiers.
Interpretation Act 1987: The Plan notes the Interpretation Act affects interpretation and application (cl 2 Note), which matters for statutory interpretation, commencement, and other standard interpretative provisions.
Commonwealth arrangements: The Plan notes a reference to ocean waters extends to ocean waters managed under State law in accordance with arrangements with the Commonwealth but only while that arrangement has effect (cl 3 Part 3 Note 2). This creates potential interjurisdictional interface where Commonwealth arrangements alter the spatial extent of application.
Administrative law/appeal mechanisms: The Plan creates internal administrative appeal routes (Share Appeal Panel under cl 5D). It does not itself provide full detail of judicial review rights; such rights would be governed by administrative law and general statutory review mechanisms external to the Plan (not specified in the text).
Practical interaction consequences
Vessel compliance: owners must ensure certificates of survey and unique vessel identifiers align with national maritime law to qualify for boat-length exemptions under cl 10 and related clauses.
Procedural centralisation: the Secretary and the Minister exercise significant decision-making power but their instruments must follow Minister-approved guidelines and be published in the Gazette (cls 7AA(3), 7EA(3), 5B(4)). The adoption of the Supporting Plan consolidates certain procedural and operational matters into that instrument, making it necessary to read both instruments conjointly.
Concurrent legal obligations: endorsement holders must satisfy both fishery-specific requirements in this Plan and general maritime/occupational safety requirements under maritime laws. For example, a vessel’s measurability for the maximum boat length is determined under the certificate of survey regime (cl 10(4)).
Interaction with Commonwealth fisheries or protected species laws: The Plan includes triggers for review if interactions with threatened species or protected fish are likely to threaten survival (Part 2, cl 3 Table). Where such interactions occur, actions may require coordination with Commonwealth protected species or environmental law frameworks, though the Plan only records that the Secretary will determine and seek expert advice.
Legacy and repeal issues: the Plan’s reference to the identifying number issued before repeal of the 2019 General Regulation (cl 2) indicates a historical administrative link that may require attention where identifiers have changed. Practitioners must check current General Regulation provisions to see how identifiers are now issued.
In short, compliance with the Plan requires practitioners to consider the Act and the Supporting Plan, maritime national law as to vessel certification and identifiers, and the content and publication of Secretary/Minister instruments and guidelines. Administrative discretion is constrained by requirements for publication and guideline approval, but the Plan situates a number of substantive powers with the Minister and Secretary, meaning administrative law principles and external statutory frameworks may still govern review or challenge.
Amendment history
The Regulation includes an Appendix that notes multiple amendments to the Plan up to 2023. The Appendix records a series of amending instruments by citation (year and schedule numbers). The listed amending instruments and schedule references in the Appendix are:
Am 2008: cited as (232), Sch 2.5; (521), Sch 2.5 [1]-[5]; (522), Sch 6 [1]-[8].
Am 2009: (357), Sch 4.
Am 2010: (105), Sch 2; (114), Sch 6 [1]-[3].
Am 2011: (148), Sch 6 [1]-[4].
Am 2013: No 111, Sch 3.12.
Am 2014: (356), Sch 7 [1]-[7].
Am 2015: (808), Sch 5 [1]-[3].
Am 2016: (449), Sch 4 [1]-[3].
Am 2017: (309), Sch 3 [1]-[3]; (615), Sch 3 [1]-[16].
These Appendix entries indicate the Plan has been the subject of repeated legislative amendment spanning management, quota, gear, reporting and other operational adjustments over time. The Plan text itself also contains date-specific transitional arrangements: for example, cl 5BA(2) uses 12 noon on 28 September 2018 as the reference date for eligibility for the second issue of quota shares and Schedule 4 defines the reporting period as 1 July 2009 to 30 June 2017 for allocation of quota shares.
What the Appendix says about amendment authority and frequency
The Plan expressly authorises amendment for s 64 purposes (cl 14). The Appendix demonstrates that the practice has been to modify the Plan frequently over the years reflected, including the addition of quota share classes in Part 3A and other specific operational controls.
Practical consequence for compliance practitioners
Always check the current consolidated Plan and the Supporting Plan as amended, because the Appendix shows that many clauses have been added, repealed or changed across years. The instrument in the Appendix gives a traceable amending path but does not substitute for checking the latest consolidated text on an official legislation site.
Transitional and reference dates matter: eligibility and allocation depend on specific historical dates (eg cl 5BA(2)'s 28 September 2018 date). Advice and actions must take those dates into account for entitlements and appeals.
Administrative instruments that the Plan relies on (notices in Gazette, Secretary’s instruments, Minister-approved guidelines) will themselves be the subject of amendments and change. The frequency of changes recorded in the Appendix suggests practitioners should monitor Departmental notices and the Gazette for updates to trap and hook limits, allocation notices, and TAC determinations.
The instrument’s Appendix, as recorded, is the Plan’s self-documentation of amendments. For precise amendment texts and operative dates, the underlying amending instruments identified in the Appendix must be consulted. The Plan’s practice of authorising further amendments under the Act (cl 14) means future changes are expected as part of normal fishery management.
Litigation history
The Plan text itself does not record any litigation or case law. It makes references to administrative appeal mechanisms (Share Appeal Panel, cl 5D) and to the Supporting Plan for procedural details of appeals, but it does not cite or summarise judicial decisions or tribunal findings. The text contains the mechanisms that could result in disputes (share allocations, appeals, enforcement actions) but provides no account of cases, litigation outcomes, or precedent.
Practical consequences for practitioners researching litigation
The absence of cases in the Plan means one cannot rely on the text for litigation history; to locate any relevant judicial or tribunal decisions practitioners must search external databases (court and tribunal registries, decisions of administrative or judicial review courts, and published determinations of the Share Appeal Panel where accessible) for disputes arising under the Ocean Trap and Line Share Management Plan or actions involving quota allocation, endorsement conditions, or cancellation of shares.
Areas likely to generate litigation or review: allocation of quota shares (Minister’s determinations under cl 5B/5BA/5C and the application or outcome of Share Appeal Panel reviews under cl 5D), cancellation or variation of shares, administrative instrument decisions by the Secretary (trap/hook limits under cls 7AA, 7EA), enforcement actions for breaches of endorsement conditions, and interpretation of timing or content of real-time reporting obligations (cls 12AB-12A). These areas create legal questions amenable to merits or judicial review.
Practitioners must also consider administrative law remedies (judicial review, merits review where available) and statutory appeal routes (Share Appeal Panel) where relevant. The Plan references the Supporting Plan for appeal procedures; that document should be searched for procedural timelines, fees, and panels’ powers.
Document evidence: because the Plan makes heavy use of administrative instruments (Gazette notices, Secretary determinations), litigation records will often involve administrative records and published notices which must be obtained from the Department as part of evidentiary preparation.
No cases named in the Plan: compliance and enforcement actions are governed by the Act; any precedent or interpretive guidance will come from cases litigating act provisions as applied in the fishery context, not from the Plan text itself.
In summary, the Plan establishes multiple potential dispute points (allocations, limits, enforcement) but contains no litigation history within its text. Practitioners should search appellate, administrative and tribunal records for disputes arising under these clauses and the Supporting Plan.
Gotchas
The Plan contains several tightly drafted provisions and interactions that commonly trip up operators and advisers. The key "gotchas" to watch for, with references and the mechanism by which they create risk or friction:
Overlap of endorsement and fishing business limits (cl 7E): cl 7E creates separate numerical limits per endorsement (endorsement limit) and per fishing business (fishing business limit) and the endorsement limit applies per endorsement while the fishing business limit applies across all endorsements that are components of the same fishing business. The example in cl 7E Note shows how a person holding both eastern and western zone endorsements in the same business could exceed the endorsement limits in two zones individually but still be constrained by the single fishing business limit of 1,200 hooks. The reverse situation,multiple identical endorsements in the same or separate businesses,produces different permitted maxima. Practitioners must map endorsements to fishing business structures before calculating lawful hook use; failure to do so risks inadvertent statutory breaches.
Fishing business vs individual endorsement counting (cll 7E(3)-(6)): The Plan treats endorsements as units for some limits and fishing businesses as units for others; where endorsement holders have multiple endorsements or where one person holds endorsements that are components of separate fishing businesses, the counting rules diverge (cl 7E(5)-(6)). Miscounting is a routine compliance risk.
Shares subject to appeal freeze transfers (cl 5D(2)-(3)): Once quota shares are issued and an appeal is lodged, those shares are “subject to appeal” and registrable dealings are not permitted. A purchaser or financier who acquires shares before confirming there are no outstanding appeals may acquire shares that cannot be legally transferred or are cancelled to give effect to a later appeal decision. Further, cl 5D(1A) prevents persons who have transferred quota shares from appealing allocation decisions, meaning timing of transfers affects appellate rights.
Rounding and reporting precision (cls 12AB(7), 12AC(7), 12A(7)): The Plan requires catch weights to be determined by accurate scales and rounded to 1 decimal place. Small differences in weighing practice or equipment calibration can create discrepancies between reported and actual weight, with reporting obligations being time-sensitive. Enforcement cropping up from scale rounding variance is a practical issue.
Immediate vicinity reporting requirement (cls 12AB(5), 12AC(6), 12A(5)): Endorsement holders must remain in the immediate vicinity of the catch until final report is made. This can create transport and logistics bottlenecks,particularly if catch must be processed or offloaded to buyers at shore,and it is an offence to leave prior to reporting (cl 12AB(6), 12AC(6), 12A(6)). Operators must plan landing and processing carefully.
Exempt boat entitlement and transfer windows (cls 10A-10C): The Plan allows certain boats to be exempt from the 20 m maximum boat length if they hold a “relevant fishing boat licence” with an “OTL” exemption code immediately before the commencement of cl 10A (cl 10A(1)). But entitlements must be documented to the Secretary within 90 days (or longer period determined by the Secretary) (cl 10A(2)-(3)). Replacement or acquisition of exempt boats is time-limited to 3 years from commencement of cl 10C (cl 10C(1)-(3)). Practitioners must confirm whether an entitlement exists, whether transfer occurred in the close window, and whether appropriate evidence was lodged,failure to comply can result in loss of exemption.
Automated baiting machine prohibition caveat (cl 11(3)): Clause 11(1) prohibits on-board automated baiting machines for endorsement holders but cl 11(3) states the clause does not apply to a line fishing eastern zone endorsement under clause 5. There may be complexity as to which specific eastern zone activities or endorsement variants the exemption applies to; carefully check cross-references when advising on technology procurement.
Multiple provenance rules for allocation of quota shares (Schedule 4): Schedule 4 allocates quota shares using a formula involving historical catch (Ci, Ca) and shareholdings (Sr, St). The qualifications in Schedule 4 cl 2 require the Secretary to exclude catches attributable to fishing businesses no longer owned by the shareholder at a reference date and to disregard the shareholder’s lowest catch of the species during the reporting period. This produces allocation outcomes that depend on past business transactions and precise recordkeeping under ss 121-122 of the Act. Claimants who acquired shares or businesses during the reporting period must ensure records reflect entitlement under the Adjustment Subsidy Program rules cited (Schedule 4 cl 2(3)(b)). Errors or misunderstandings in catch attribution can materially change allocation.
Differing bag/possession limits by endorsement and waters (Schedule 3): Schedule 3 contains many species-specific limits that vary by endorsement type and by waters. For example, blue swimmer crab limits differ markedly between demersal fish trap endorsement holders and line fishing endorsement holders. A fisher operating multiple endorsements (and possibly multiple fishing businesses) must track which limit applies to which fish caught in which waters; misapplication can expose operators to possession offences.
TAC and joint TAC determinations (cl 5E(3) note): For gemfish, a TAC determination may be required jointly across fisheries in certain years (the Plan references joint TACs for gemfish in 2019-20 per the note to cl 5E(3)). Practitioners must read the Minister or TAF Committee directions carefully as the Act allows delegation of TAC determinations and joint-fishery determinations.
Real-time reporting system outage fallback (cl 12B): If the real-time reporting system is unavailable, operators must complete an approved form and send it within the time specified. Reliance on system availability can be a risk in remote operations; operators must be prepared to use the fallback procedure promptly to avoid potential breaches.
Ministerial and Secretary discretion with guideline-based constraints (cls 7AA(3), 7EA(3), 5B(4)): The Secretary determines trap and hook limits in accordance with Minister-approved guidelines and must publish these in the Gazette. This centralises substantial discretion; practitioners must verify that notice and guideline requirements were observed if challenging a limit-setting decision.
These "gotchas" are not legal defects but common operational and legal tripping points that can cause compliance breaches, economic loss, or loss of appellate rights. Practitioners should undertake pre-operational compliance mapping and retain documentary evidence of notifications, registrations and reporting submissions.
How to comply
Compliance under the Plan is a mixture of structural alignment (shares and endorsements), operational controls (gear, vessels, buoys and labelling), reporting systems and administrative housekeeping (notifications, appeals, recordkeeping). Below is a practical checklist and compliance roadmap tied to specific clauses for endorsement holders, fishing businesses, shareholders and vessel owners.
Confirm shareholding and endorsement eligibility
Check registered share class holdings against the classes in cl 4 and the minimum shareholding table in cl 6. Ensure that the shares relied on to meet the minimum shareholding requirement are components of the same ocean trap and line fishing business (cl 6(8)). If seeking quota shares in Part 3A classes, confirm eligibility dates and qualifying holdings as specified in cl 5B and cl 5BA (notably 12 noon on 28 Sept 2018 for cl 5BA).
Understand and adhere to endorsement conditions
Read every condition imposed as an endorsement condition (see where clauses state “for the purposes of s 68(6A) … it is a condition of an endorsement that …”). Ensure that the actual fishing activity is within the scope authorised by the endorsement type (cl 5). Be aware that contravention of these conditions is an offence for which the Act provides sanctions (cl 5F(2), cl 7AA(7), etc).
Gear, buoying and labelling compliance
Fit buoys of at least 100 mm in all dimensions and at least 50 mm above water where required, and display the relevant fishing business number with the specified suffix letter (eg “F” for traps per cl 7A(1)(a)(v); “C” for spanner crab nets per cl 7B(1)(c)(v); “S” for set lines per cl 7D(2)(d), cl 7E(6); “D” for drift lines per cl 7F(2A)). Use contrasting colour and minimum letter sizes where specified (cl 7A(1)(a)(v), cl 7B(1)(c)(v), cl 10(3)(c)). Keep photographic logs to demonstrate compliance.
Maintain gear configuration and material compliance
Use gear meeting the prescribed descriptions: traps not exceeding 2m x 2m x 2m with mesh specifics (cl 7A Table); spanner crab nets specifics (cl 7B Table); set lines with permitted hook types (cl 7C), no bottom set lines with wire trace in waters within 3 nm (cl 7D(2)(c)). Where circle hooks or non-offset hooks are required, ensure procurement aligns with the technical definitions in cl 7C.
Observe numerical limits precisely
Count hooks precisely and distribute usage in a way that respects endorsement limits and fishing business limits under cl 7E. If multiple endorsements are involved, map endorsements to fishing business entities to determine the correct aggregate limits. For drift lines, track gang-of-hooks sizes and total number of drift lines per cl 7F. For handlines/rods within 3 nm, ensure no more than six hooks attached per cl 7GA.
Vessel compliance and exemption handling
Confirm measured boat length per the most recent certificate of survey (cl 10(4)). If relying on exemption under cl 10A, ensure timely submission of required documents to the Secretary within the relevant period (cl 10A(2)-(3)). If transferring entitlement under cl 10B, ensure the transfer is properly documented and that transferees register evidence required by cl 10C(4)(b)(iv) when applicable.
Real-time reporting systems and fallback
Implement systems to make catch estimate reports and final catch reports in accordance with timing requirements in cls 12AB, 12AC and 12A (eg before moving catch out of NSW or before removing catch from vessel; final reports within 6 hours or 3 hours depending on species). Maintain accurate, calibrated scales and record rounding to one decimal place (cls 12AB(7), 12AC(7), 12A(7)). Train crew on the immediate-vicinity requirement and have procedures to ensure someone remains with catch until final report is lodged (cls 12AB(5), 12AC(6), 12A(5)). Where the real-time system is not available, keep a completed copy of the Secretary’s approved form and send it within the time specified (cl 12B).
Weighing, documentation and recordkeeping
Keep accurate fishing activity records as required under sections 121 and 122 of the Act (Schedule 4 cl 2 requires these records for historical catch calculations). Maintain logs that substantiate catch weight, species composition, date, vessel and fishing business number, and landing location. Store documents to support catch attribution where business ownership changed during reference periods (Schedule 4 cl 2(3)).
Appeals, allocations and transfers
If issued quota shares under cl 5C, check the written notification and the statement of appeal rights from the Minister (cl 5C(2)(a)-(b)). Lodge an appeal to the Share Appeal Panel in accordance with the Supporting Plan if you contest an allocation (cl 5D and cl 13 note). Be aware that transfers made after issuance may preclude an appeal (cl 5D(1A)). If shares are subject to appeal, expect transfer restrictions until finalisation (cl 5D(2)-(3), (7)).
Business notifications and internal compliance
If notified by the Secretary of trap or hook limits for your fishing business, ensure nominated fishers are notified promptly (cl 7AA(4)-(5), cl 7EA(4)-(5)). Put in place internal audit trails to show timely notification. Failure to notify nominated fishers is an offence (cll 7AA(6)-(7), 7EA(6)-(7)).
Monitor TACs and performance triggers
Keep aware of TAC determinations and timing for quota species under cl 5E and of the Plan review triggers (Part 2, cl 3) tied to discard rates, exploitation status changes, and secondary species contributions. If resource assessments or observer surveys trigger a review, prepare to comply with any adaptive management measures.
Spatial and seasonal restrictions
Map fishing grounds against Schedule 2 area closures and the seasonal spanner crab closures (cls 9A-9B). Implement geofencing or chart markers on vessels to prevent fishing method use in prohibited areas.
Training and crew obligations
Train crew on prohibited implements (cl 7G), on how to count hooks and drift lines, use of buoys, and reporting obligations. Keep a delegated person nominated to handle catch reporting and ensure that the nominated fisher is informed of trap and hook limits.
Audit and legal review
Obtain periodic compliance audits to ensure that fishing business structures, endorsements, shareholdings, vessel documentation and reporting systems are aligned with the Plan. Where the Secretary has published guidelines or instruments in the Gazette (eg cl 7AA(3), cl 7EA(3), cl 5B(4)), review those documents to ensure compliance with instrument-specific requirements.
Confirm cross-jurisdictional and maritime compliance
Make sure vessel unique identifiers, certificates of survey and National Standard compliance are current (cl 2 definitions, cl 10(2)). Confirm compliance with any Commonwealth arrangements affecting ocean waters as noted in cl 3 Part 3 Note 2.
Evidence and record suggestions
Maintain copies of Gazette notices, Secretary instruments, trap/hook limit notifications, and any Ministerial allocation notices; these documents are evidence of operative obligations and entitlements (cll 5B(4)-(5), 7AA(3)-(4), 7EA(3)-(5)).
Keep time-stamped digital submissions of real-time reports, scale calibration certificates, and photographic evidence of buoy markings and gear configurations.
Document chain-of-title for shares and any acquisitions under buyout programs or Adjustment Subsidy Program arrangements referred to in Schedule 4 cl 2(3)(b).
By following the above roadmap and maintaining documentary proof of notifications and compliance, operators will reduce the risk of enforcement action for the many operational, reporting and structural obligations embedded in the Plan. Where questions arise about discretionary instrument decisions (trap/hook limits or allocation formulae), consider early administrative review routes and preserve appeal rights under cl 5D where relevant.
drift line means a line which is attached to a float, buoy or similar device, not being a float, buoy or device which is—
(a) held in the hand or attached to fishing gear held in the hand, or
(b) secured in any other manner which prevents it from drifting or floating freely.
endorsement means an endorsement on a commercial fishing licence that authorises the taking of fish in the fishery.
endorsement holder means a person who holds a commercial fishing licence that has an endorsement.
exempt boat means a boat exempt from the maximum boat length under clause 10A or 10C.
fishery means the ocean trap and line fishery (as described in Schedule 1 to the Act).
identifying number of a boat means the identifier issued by the Secretary for the boat under the Fisheries Management (General) Regulation 2019, clause 125(3)(a), before its repeal.
natural coast line has the same meaning as it has in the Fisheries Management (General) Regulation 2019.
ocean trap and line fishing business means a fishing business the components of which include shares in the fishery.
ocean waters has the meaning given by Schedule 1 to the Act.
quota share—see clause 5A.
relevant fishing boat licence—see clause 10A(1).
relevant fishing business number, in relation to the identification of fishing gear in Part 4A, means the number of the fishing business a component of which is the endorsement held by the person who set the net, trap or line concerned.
Secretary means the Secretary of the Department of Industry, Skills and Regional Development.
set line means any line not held in the hand, or not attached to fishing gear held in the hand, which is used or intended to be used for the purpose of taking fish, but does not include a drift line.
Supporting Plan means the Fisheries Management Supporting Plan as set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.
the Act means the Fisheries Management Act 1994.
unique vessel identifier for a boat means the vessel identifier issued for the boat by the Australian Maritime Safety Authority under the National Standard for Commercial Vessels.
use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited).
wire trace line means a line that is made from or includes one or more metal strands.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
(2) Notes used in this Plan do not form part of the Plan.
(3) In this Plan, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
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 in the circumstances provided for in Column 3 of the Table to this clause next to the objective and performance indicator concerned.
(4) In the Table—
key secondary species means a species of fish listed as a key secondary species of fish in Table 2 to Schedule 1.
primary species means a species of fish listed as a primary species of fish in Table 1 to Schedule 1.
secondary species means a species of fish that are retained in the fishery but which is not a primary species or a key secondary species.
Table
| | Column 1 | Column 2 | Column 3 |
| | Objective | Performance indicator | Trigger for review |
| 1 | Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to managing the impacts of the fishery on the environment and to ensuring ecologically sustainable development | Reduction in the estimated quantity of the trap and line catch (by method) which is discarded | The Secretary is satisfied that the estimated quantity of discards for any observed method increases between consecutive observer surveys |
| | | No new primary species or key secondary species with an exploitation status is classified as “overfished” or “recruitment overfished” by the Department | On the basis of resource assessment frameworks approved by the Secretary, the exploitation status of a primary species or key secondary species is changed to “overfished” or “recruitment overfished” by the Department |
| | | Total annual landings of all secondary species taken in the fishery as a percentage of the total annual landings in the fishery remains at 15% or less | The Secretary is satisfied that the contribution of secondary species to total annual landings exceeds 15% in any 2 consecutive years |
| | | No interactions between the fishery and any threatened species, population or ecological community that are likely to threaten the survival of a species, population or ecological community | Any interaction between the fishery and any threatened species, population or ecological community reported by endorsement holders in the fishery or observed during an observer survey that is likely to threaten the survival of a threatened species, population or ecological community, as determined by the Secretary on advice from relevant experts |
| | | No interactions between the fishery and protected fish that are likely to threaten the survival of protected fish | On a biennial review undertaken by the Department of interactions between the fishery and protected fish reported by endorsement holders in the fishery or observed during an observer survey, the Secretary, on advice from relevant experts, determines that the level of these reported interactions is likely to threaten the survival of the protected fish |
| 2 | Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to promoting viable commercial fishing | There are net returns to the fishery | The Secretary is satisfied that the gross value of production of the fishery has not exceeded the sum of indicative industry operational costs and government management costs relevant to the fishery for 3 consecutive years |
Part 3 Description of fishery
Part 3 Description of fishery
Part 3 Description of fishery
Note 1—
The ocean trap and line fishery consists of the following (as described in Schedule 1 to the Act)—
(a) the use of a fish trap to take fish from ocean waters,
(b) the use of a line with hooks attached to take fish from ocean waters,
(c) the use of a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from Korogoro Point (Hat Head).
Note 2—
Ocean waters is defined in Schedule 1 to the Act as waters east of the natural coast line. However, for the purposes of the fishery, ocean waters do not include the waters within 3 nautical miles of—
(a) the high water mark on Lord Howe Island, or
(b) Balls Pyramid.
A reference to ocean waters extends to ocean waters managed in accordance with the law of the State under an arrangement with the Commonwealth, but only while that arrangement has effect.
4 Classes of share
4 Classes of share
4 Classes of share
The following classes of share are available in the fishery—
(a) Ocean trap and line—line fishing western zone shares,
(b) Ocean trap and line—line fishing eastern zone shares,
(c) Ocean trap and line—demersal fish trap shares,
(d) Ocean trap and line—school and gummy shark shares,
(e) Ocean trap and line—spanner crab northern zone shares,
(f) Ocean trap and line—spanner crab southern zone shares,
(g) Ocean trap and line—spanner crab quota shares,
(h) Ocean trap and line—bass grouper quota shares,
(i) Ocean trap and line—blue-eye trevalla quota shares,
(j) Ocean trap and line—gemfish quota shares,
(k) Ocean trap and line—hapuku quota shares,
(l) Ocean trap and line—pink ling quota shares,
(m) Ocean trap and line—bigeye ocean perch quota shares.
Note—
The classes of shares referred to in paragraphs (a)–(f) correspond to the types of endorsements available in the fishery.
The shares referred to in paragraphs (g)–(m) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
5 Types of endorsement
5 Types of endorsement
5 Types of endorsement
(1) There are 6 types of endorsement available in the fishery, as follows—
(a) Line fishing western zone endorsement,
(b) Line fishing eastern zone endorsement,
(c) Demersal fish trap endorsement,
(d) School and gummy shark endorsement,
(e) Spanner crab northern zone endorsement,
(f) Spanner crab southern zone endorsement.
(2) Line fishing western zone endorsement A line fishing western zone endorsement authorises the holder to use a handline, rod (or pole) and line, set line or drift line to take fish from ocean waters that are west of the 183 metre (100 fathoms) depth contour.
(3) Only shareholders who hold ocean trap and line—line fishing western zone shares are eligible to be given, or to nominate a person to be given, a line fishing western zone endorsement.
(4) Line fishing eastern zone endorsement A line fishing eastern zone endorsement authorises the holder to use a handline, rod (or pole) and line, set line or drift line to take fish from ocean waters that are east of the 183 metre (100 fathoms) depth contour.
(5) Only shareholders who hold ocean trap and line—line fishing eastern zone shares are eligible to be given, or to nominate a person to be given, a line fishing eastern zone endorsement.
(6) Demersal fish trap endorsement A demersal fish trap endorsement authorises the holder to take fish from ocean waters by means of a fish trap set or used on the sea bed.
(7) Only shareholders who hold ocean trap and line—demersal fish trap shares are eligible to be given, or to nominate a person to be given, a demersal fish trap endorsement.
(8) School and gummy shark endorsement A school and gummy shark endorsement authorises the holder to take school and gummy sharks using a set line from ocean waters south of a line drawn due east from the northern point of the entrance to Moruya River.
(9) Only shareholders who hold ocean trap and line—school and gummy shark shares are eligible to be given, or to nominate a person to be given, a school and gummy shark endorsement.
(10) Spanner crab northern zone endorsement A spanner crab northern zone endorsement authorises the holder to use a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from the southern breakwall at Yamba.
(11) Only shareholders who hold ocean trap and line—spanner crab northern zone shares are eligible to be given, or to nominate a person to be given, a spanner crab northern zone endorsement.
(12) Spanner crab southern zone endorsement A spanner crab southern zone endorsement authorises the holder to use a spanner crab net to take spanner crabs from ocean waters that are south of a line drawn due east from the southern breakwall at Yamba and north of Korogoro Point (Hat Head).
(13) Only shareholders who hold ocean trap and line—spanner crab southern zone shares are eligible to be given, or to nominate a person to be given, a spanner crab southern zone endorsement.
Part 3A Quota management
Part 3A Quota management
Part 3A Quota management
5A New classes of shares
5A New classes of shares
5A New classes of shares
(1) The following classes of shares are available in the fishery—
(a) Ocean trap and line—spanner crab quota shares,
(b) Ocean trap and line—bass grouper quota shares,
(c) Ocean trap and line—blue-eye trevalla quota shares,
(d) Ocean trap and line—gemfish quota shares,
(e) Ocean trap and line—hapuku quota shares,
(f) Ocean trap and line—pink ling quota shares,
(g) Ocean trap and line—bigeye ocean perch quota shares.
(2) These shares are created as a further class of shares under section 71A of the Act and are referred to in this Plan as quota shares.
5B Allocation of quota shares—first issue
5B Allocation of quota shares—first issue
5B Allocation of quota shares—first issue
(1) A person is eligible to be issued with ocean trap and line—spanner crab quota shares if the person is an eligible shareholder in relation to those shares.
(2) A person is an eligible shareholder in relation to ocean trap and line—spanner cra
This is an opening excerpt, not the complete document.