Part 4AFishing
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).
7AFish
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)
has a diameter above the water of not less than
150 mm, and
(iii)
has a weight of not less than 500 gm suspended
not less than 5 metres under the float so that no rope is floating on the
surface of the water, and
(iv)
displays, in clearly visible figures and letters
that are not less than 50 mm in height and that are of a colour which
contrasts with that of the buoy, the registration number of the commercial
fishing licence of the fisher who set the trap, followed by the letter
“F”,
(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)
the endorsement holder does not use, at any one
time, more than the maximum number of fish traps that the endorsement holder
is entitled to use at any one time.
(2)
For the purposes of subclause (1) (d), the
maximum number of fish traps that an endorsement holder is entitled to use at
any one time is 30 fish traps for each demersal fish trap fishing business in
respect of which the endorsement holder is entitled to take fish. For example,
if the endorsement holder is entitled to take fish on behalf of 2 demersal
fish trap fishing businesses, the maximum number of fish traps that the
endorsement holder is entitled to use at any one time is 60 fish
traps.
(3)
In this clause, a demersal
fish trap fishing business means a fishing business the
components of which include a demersal fish trap
endorsement.
(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.
TableFish
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.
7BSpanner 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 a single commercial fisher, not
more than 20 spanner crab nets are used at any one time,
(b)
in the case of a crew comprising a commercial
fisher and 1 or more commercial fishers or crew members, not more than 30
spanner crab nets are used at any one time,
(c)
the endorsement holder identifies the position of
the net by attaching to a part of the net, which is at or above water level, a
tag with dimensions of at least 80 mm by 25 mm and which clearly
displays:
(a)
the endorsement holder’s name in capital
letters, and
(b)
the registration number of the commercial fishing
licence of the endorsement holder who set the net or, if the endorsement
holder is the holder of a fishing boat licence, the letters “LFB”
followed by the licence number of the boat that the holder has used to set the
net.
(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.
TableSpanner crab
net
1
(a)
Waters—Ocean waters north of
Korogoro Point (Hat Head).
(b)
Description of net—Net attached to a
rigid frame with a surface area not exceeding 1.6 square metres; net not
capable of extending more than 0.1 metre beneath the frame when the frame is
suspended in a horizontal position.
7CTypes 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).
7DUse 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 any set line with more than 6 hooks attached,
or
(c)
use any bottom set line with wire trace line,
or
(d)
use a set line unless the endorsement holder
identifies that line by attaching to a part of that line, which is at or above
water level, a tag with dimensions of at least 80 mm by 25 mm and which
clearly displays:
(a)
the endorsement holder’s name in capital
letters, and
(b)
the registration number of the commercial fishing
licence of the endorsement holder who set the line or, if the endorsement
holder is the holder of a fishing boat licence, the letters “LFB”
followed by the licence number of the boat that the holder has used to set the
line.
(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.
7EUse 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 the endorsement holder identifies that line by attaching to a part of
that line, which is at or above water level, a tag with dimensions of at least
80 mm by 25 mm and which clearly displays:
(a)
the endorsement holder’s name in capital
letters, and
(b)
the registration number of the commercial fishing
licence of the endorsement holder who set the line or, if the endorsement
holder is the holder of a fishing boat licence, the letters “LFB”
followed by the licence number of the boat that the holder has used to set the
line.
(7)
It is a condition of an endorsement that the
endorsement holder does not contravene this clause.
(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.
7FUse 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 the endorsement holder
identifies that line by attaching to a part of the float, buoy, or similar
device to which that line is attached, which is at or above water level, a tag
with dimensions of at least 80 mm by 25 mm and which clearly displays:
(a)
the endorsement holder’s name in capital
letters, and
(b)
the registration number of the commercial fishing
licence of the endorsement holder who set the line or, if the endorsement
holder is the holder of a fishing boat licence, the letters “LFB”
followed by the licence number of the boat that the holder has used to set the
line.
(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.
7GUse 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.