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)
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)
(2), (3)
(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.
7AAFish 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.
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 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.
TableSpanner 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.
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 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.
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 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.
7EAHook 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.
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 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.
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.
7GAUse 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.