NORTHERN TERRITORY OF AUSTRALIA
SPANISH MACKEREL FISHERY MANAGEMENT PLAN 2004
As in force at 1 January 2010
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Application of Plan ........................................................................... 1
4 Definitions ........................................................................................ 1
Part 2 Management of fishery
5 Objects ............................................................................................ 2
6 Allowable catch................................................................................ 3
7 Review of management of fishery ................................................... 3
Part 3 Licensing
8 Restricted licences .......................................................................... 4
9 Unrestricted licences ....................................................................... 4
10 Number of licences .......................................................................... 4
Part 4 Commercial fishing
11 Application of Part ........................................................................... 5
12 Prohibition of taking and possession of certain fish ......................... 5
13 Prohibition on use of fishing gear to take fish .................................. 5
14 Prohibition on use of fishing gear to take bait .................................. 5
15 Dories .............................................................................................. 6
Part 5 Amateur fishing
16 Limit in number of spanish mackerel in possession of person
carrying out amateur fishing ............................................................ 6
Part 6 Repeal
17 Repeal of Spanish Mackerel Fishery Management Plan ................. 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 January 2010
SPANISH MACKEREL FISHERY MANAGEMENT PLAN 2004
Plan under the Fisheries Act 1988
Part 1 Preliminary
1 Citation
This Plan may be cited as the Spanish Mackerel Fishery
Management Plan 2004.
2 Commencement
This Plan comes into operation on 1 January 2005.
3 Application of Plan
This Plan applies to the Spanish mackerel fishery declared under
section 22 of the Act to be a managed fishery by notice published in
Gazette G28 dated 17 July 1991 at page 2.
4 Definitions
In this Plan, unless the contrary intention appears:
allowable catch has the meaning in clause 6(1).
dory means a vessel that is used in conjunction with the mother
boat for trolling under a licence.
fishery means the fishery to which this Plan applies under
clause 3.
floating handline means a line to which is attached only one of the
following:
(a) one hook;
(b) one set of joined hooks.
licence means a restricted licence or unrestricted licence.
Section 1 - SPANISH MACKEREL FISHERY MANAGEMENT PLAN 2004 - SPANISH MACKEREL FISHERY MANAGEMENT PLAN 2004 | Zoe
Part 2 Management of fishery
Spanish Mackerel Fishery Management Plan 2004 2
licensee means the holder of a licence, and includes a person
assisting a licensee conduct operations for the purposes of the
licence.
lure means a device designed to attract or capable of attracting fish
other than bait or berley.
release, in relation to a fish, means release back into the water
from where it was taken as soon as practicable after it was taken.
restricted licence has the meaning in clause 8(1).
spanish mackerel means fish of the species Scomberomorus
commerson.
spanish mackerel restricted bait net means a net that:
(a) has both pocket and net made of mesh not larger than 65 mm;
(b) has a drop of not more than 5 m; and
(c) excluding the length of any haul lines attached to it, is not
longer than 100 m or, if it is used as a surrounding net from a
vessel, 200 m.
troll line means a line to which is attached only one of the
following:
(a) one hook;
(b) one set of joined hooks attached to the one piece of bait;
(c) one lure to which hooks may be attached.
unrestricted licence has the meaning in clause 9(2).
Part 2 Management of fishery
5 Objects
The objects of this Plan are:
(a) to control the taking of spanish mackerel from the fishery by
commercial fishing licensees, Fishing Tour Operator licensees
and amateur fishers, whether taken as the principal catch or
incidentally when taking fish from another fishery and whether
or not the fisher releases the fish;
Part 2 Management of fishery
Spanish Mackerel Fishery Management Plan 2004 3
(b) to ensure the fishery is not endangered, detrimentally affected
or overexploited by managing the fishery in accordance with
the principles of ecologically sustainable development; and
(c) to encourage fishing in the fishery by maintaining the level and
quality of the yield from the fishery and ensuring Aborigines,
commercial fishing licensees, Fishing Tour Operator licensees
and amateur fishers have adequate access to the fishery.
6 Allowable catch
(1) The allowable catch of spanish mackerel for a year is 450 tonne
(greenweight).
(2) The Minister may, by notice in the Gazette, allocate the allowable
catch to a stated person or persons.
(3) The notice may state the method (if any) by which the allowable
catch is allocated.
7 Review of management of fishery
(1) The Director must conduct a review of the management of the
fishery if:
(a) the amount of spanish mackerel taken from the fishery in a
year is at least 90% of the allowable catch;
(b) the amount of spanish mackerel taken from the fishery in a
year is at least 30% less than was taken in the previous year;
(c) the amount of spanish mackerel taken from the fishery in a
year by Aborigines, Fishing Tour Operator licensees and
amateur fishers is at least 20% less than taken by them in the
previous year;
(d) the amount of spanish mackerel taken from the fishery in a
year by commercial fishing licensees authorised to take
spanish mackerel is at least 20% less than taken by those
licensees in the previous year;
(e) the amount of fish of species other than spanish mackerel
taken in a year by commercial fishing licensees authorised to
take spanish mackerel while fishing for spanish mackerel is
more than 10% of the amount of spanish mackerel taken by
those licensees in that year; or
(f) the amount of spanish mackerel taken in a year by a person
for whom the Minister has determined an allowable catch
exceeds that catch.
Part 3 Licensing
Spanish Mackerel Fishery Management Plan 2004 4
(2) For subclause (1), the amount of spanish mackerel taken from the
fishery in a year is the amount decided by the Director using
records, returns and information supplied by persons to the Director
for the purposes of the Act.
Part 3 Licensing
8 Restricted licences
(1) A restricted licence is a Spanish Mackerel Fishery licence granted
to a person because the person held a pelagic licence endorsed for
trolling in 1992.
(2) Subject to subclause (3), the licensee may:
(a) take fish in accordance with the licence; and
(b) transfer the licence to another person.
(3) A person to whom the licence is transferred on or after 1 July 1994
may not take fish under the licence but may transfer the licence to
another person.
9 Unrestricted licences
(1) A person who holds 2 restricted licences may surrender both
licences to the Territory.
(2) On the surrender of the licences, the Director must issue to the
person one Spanish Mackerel Fishery licence (an unrestricted
licence).
(3) The licensee may:
(a) take fish in accordance with the licence; and
(b) transfer the licence.
10 Number of licences
(1) Subject to subclauses (2) and (3), the Director must not grant more
licences than the number of licences held before the
commencement of this Plan.
(2) If a licensee surrenders a licence to the Territory (other than under
clause 9) or a licence is cancelled or expires without being
renewed, the number of licences that may be in force is reduced by
one.
Part 4 Commercial fishing
Spanish Mackerel Fishery Management Plan 2004 5
(3) If a person is issued an unrestricted licence under clause 9 on the
surrender of 2 licences, the number of licences that may be in force
is reduced by one.
Part 4 Commercial fishing
11 Application of Part
This Part applies to a licensee conducting operations for the
purposes of a licence.
12 Prohibition of taking and possession of certain fish
A licensee must not take or have possession of the following
species:
(a) barramundi (Lates calcarifer);
(b) mud crab (a crab of the genus Scylla);
(c) shark (a fish of the Class Chondricthyes);
(d) threadfin salmon (Polynemus sheridani).
Maximum penalty: $5 000.
13 Prohibition on use of fishing gear to take fish
A licensee must not use fishing gear, other than any number or
combination of troll lines, floating handlines or rods, to take fish
under the licence.
Maximum penalty: $10 000.
14 Prohibition on use of fishing gear to take bait
(1) A licensee must not use fishing gear, other than a spanish mackerel
restricted bait net, to take bait.
Maximum penalty: $5 000.
(2) A licensee who is using a spanish mackerel restricted bait net must
not do any of the following:
(a) haul the net other than by hand;
(b) stake or otherwise fix the net at more than one end;
(c) use the net in less than 30 cm of water while clearing the
catch in the net;
Part 5 Amateur fishing
Spanish Mackerel Fishery Management Plan 2004 6
(d) use the net in the Mary River Fish Management Zone within
the meaning of the Barramundi Fishery Management
Plan 1998;
(e) use the bait taken from the net other than as bait to take fish
under his or her licence.
Maximum penalty: $5 000.
15 Dories
(1) A licensee must not use a dory that is more than 6.5 m long.
Maximum penalty: $10 000.
(2) A licensee must not operate a dory independently from the mother
boat for more than 6 hours.
Maximum penalty: $10 000.
(3) A licensee must not operate more than 2 dories under the licence.
Maximum penalty: $10 000.
Part 5 Amateur fishing
16 Limit in number of spanish mackerel in possession of person
carrying out amateur fishing
(1) A person carrying out amateur fishing must not have possession of
more than 2 spanish mackerel.
Maximum penalty: For possession of 3 spanish mackerel –
$5 500.
For possession of 4 or more spanish
mackerel – $10 000 plus $1 000 for each
spanish mackerel in possession that is in
excess of 4.
(2) Subclause (1) does not apply to spanish mackerel:
(a) taken under a licence; or
(b) at the person's permanent residence.
Part 6 Repeal
Spanish Mackerel Fishery Management Plan 2004 7
Part 6 Repeal
17 Repeal of Spanish Mackerel Fishery Management Plan
The Spanish Mackerel Fishery Management Plan that came into
operation on 1 February 1993 is repealed.
ENDNOTES
Spanish Mackerel Fishery Management Plan 2004 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Spanish Mackerel Fishery Management Plan (SL No. 44, 2004)
Notified 1 January 2005
Commenced 1 January 2005
Spanish Mackerel Fishery Management Plan Amendment 2009 (SL No. 41, 2009)
Notified 21 December 2009
Commenced 1 January 2010
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: cl 1 and 14.
4 LIST OF AMENDMENTS
cl 12 – 15 amd No. 41, 2009, cl 5
cl 16 amd No. 41, 2009, r 4