2006
2006
s06-050
2018-07-01
Fisheries Management Act
1994
act-1994-038
reg
reprint
sl-2018-0323
allinforce
Gazette No 183 of 15 December 2006, page
10810
0
sl-2006-0735
e1d47922-c0a4-49ef-8b1b-c652328d2c98
d8350170-fcdc-42d2-999b-8e77d590f1d0
none
website
1Name of Regulation
This Regulation is the Fisheries Management (Estuary Prawn Trawl Share Management
Plan) Regulation 2006.
2Commencement
This Regulation commences on 5 February
2007.
3Estuary Prawn Trawl Share Management
Plan
The Estuary Prawn Trawl Share Management
Plan set out in the Appendix to this Regulation has
effect.
Appendix
(Clause 3)
Part 1Preliminary
1Name of Plan
This is the Estuary Prawn Trawl Share Management
Plan.
2Definitions
(1)
In this Plan:
body of a net means the
netting that forms that part of the net forward of the codend, including the
wings, belly, and any extension piece that may be inserted immediately forward
of the codend.
by-product
species has the meaning given by clause 12.
codend of a net means the
piece of netting that forms the posterior most part of the net where the catch
accumulates.
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.
estuarine waters
has the meaning given by Schedule 1 to the Act.
estuary prawn trawl
fishing business means a fishing business the components of
which include shares in the fishery.
fishery means the estuary
prawn trawl fishery (as described in Schedule 1 to the Act).
Supporting Plan
means the Fisheries Management Supporting Plan as
set out in the Appendix to the Fisheries Management
(Supporting Plan) Regulation 2006.
target species has
the meaning given by clause 11.
the Act means the Fisheries Management Act
1994.
Note—
The Act and the Interpretation Act 1987 contain
definitions and other provisions that affect the interpretation and
application of this Plan.
(2)
In this Plan, a reference to an area of the
fishery is a reference to an area described in clause 4.
(3)
Notes in this Plan do not form part of the
Plan.
Part 2Objectives of Plan
3Objectives, 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.
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 estuary prawn trawl catch (by method) which is
discarded
The Secretary is
satisfied that the estimated quantity of discards for any observed estuary
increases between consecutive observer surveys
No new target
species or by-product 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 target species or by-product species is changed to
“overfished” or “recruitment overfished” by the
Department
Total annual
landings of each by-product species as a ratio of the total annual landings of
target species in each estuary in the fishery remains within the limits
specified in the fishery management strategy
In the opinion
of the Secretary, the ratio of the landings of any by-product species to total
landings of target species exceeds the limits specified in the fishery
management strategy 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 3Description of fishery
Note—
The fishery is described in Schedule 1 to the Act
as consisting of the use of an otter trawl net (prawns) to take fish from
estuarine waters. Estuarine waters do not include the waters of Port
Jackson.
4Areas of fishery
(1)
For the purposes of this Plan, the fishery is
divided into 3 areas, as follows:
(a)
the Clarence River (which includes Lake
Wooloweyah),
(b)
the Hunter River,
(c)
the Hawkesbury River.
(2)
Schedule 1 has effect.
Note—
Schedule 1 describes more precisely the waters of
the Clarence River, Lake Wooloweyah, the Hunter River, and the Hawkesbury
River.
5Classes of share
The following classes of share are available in
the fishery:
(a)
Estuary prawn trawl—Clarence River
shares,
(b)
Estuary prawn trawl—Hunter River
shares,
(c)
Estuary prawn trawl—Hawkesbury River
shares.
Note—
Each class of shares corresponds to an area of
the fishery and to the types of endorsements available in the
fishery.
6Types of endorsement
(1)
There are 3 types of endorsements available in
the fishery, as follows:
(a)
Clarence River endorsement,
(b)
Hunter River endorsement,
(c)
Hawkesbury River
endorsement.
(2)Clarence River endorsement
A Clarence River endorsement authorises the
holder to take fish using an otter trawl net (prawns) from the waters of the
Clarence River, including Lake Wooloweyah.
(3)
Only shareholders who hold estuary prawn
trawl—Clarence River shares are eligible to be given, or to nominate a
person to be given, a Clarence River endorsement.
(4)Hunter River endorsement
A Hunter River endorsement authorises the holder
to take fish using an otter trawl net (prawns) from the waters of the Hunter
River.
(5)
Only shareholders who hold estuary prawn
trawl—Hunter River shares are eligible to be given, or to nominate a
person to be given, a Hunter River endorsement.
(6)Hawkesbury River endorsement
A Hawkesbury River endorsement authorises the
holder to take fish using an otter trawl net (prawns) from the waters of the
Hawkesbury River.
(7)
Only shareholders who hold estuary prawn
trawl—Hawkesbury River shares are eligible to be given, or to nominate a
person to be given, a Hawkesbury River endorsement.
Part 4Minimum and maximum
shareholdings
7Minimum shareholding
(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 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)–(5)
(6)
The shares relied on to meet the minimum
shareholding requirement must all be a component of the same estuary prawn
trawl fishing business.
Table
Class of
shares
Minimum
shareholding
Estuary prawn
trawl—Clarence River shares
250
Estuary prawn
trawl—Hunter River shares
100
Estuary prawn
trawl—Hawkesbury River shares
200
8Maximum shareholding
For the purpose of section 72 (1) of the Act, the
maximum shareholding is 40% of the total number of shares in the fishery at
the commencement of this Plan.
Part 5Species that may be taken
9Only target species and by-product species may be
taken
(1)
An endorsement holder must not use an otter trawl
net (prawns) to take fish in an area of the fishery unless the fish taken is a
target species for that area or a by-product species for that
area.
(2)
For the purposes of section 24 of the Act, it is
unlawful to use an otter trawl net (prawns) to take fish in an area of the
fishery in contravention of this clause.
10By-product species may be taken only when attempting to take
target species
(1)
An endorsement holder must not use an otter trawl
net (prawns) to take any by-product species of fish in an area of the fishery
except while using the net to take a target species of fish for that
area.
(2)
For the purposes of section 24 of the Act, it is
unlawful to use an otter trawl net (prawns) to take fish in an area of the
fishery in contravention of this clause.
11Target species
For the purposes of this Plan, a target species of fish, in
relation to an area of the fishery specified in Column 1 of the Table to this
clause, is a species of fish listed next to that area in Column 2 of the
Table.
Table
Area
Target
species
Clarence River
School prawn (Metapenaeus
macleayi)
Hunter
River
School prawn (Metapenaeus macleayi)
Eastern king prawn (Melicertus
plebejus)
Hawkesbury
River
School prawn (Metapenaeus macleayi)
Eastern king prawn (Melicertus plebejus)
Broad squid (Photololigo etheridgei)
Slender squid (Loligo sp.)
Bottle squid (Loliolus noctiluca)
Bubble squid (Eupyrmna stenodactyla)
Candy striped squid (Sepioloida
lineolate)
12By-product species
For the purposes of this Plan, a by-product species of fish,
in relation to an area of the fishery specified in Column 1 of the Table to
this clause, is a species of fish listed next to that area in Column 2 of the
Table.
Table
Area
By-product
species
Clarence River
Eastern king prawn (Melicertus
plebejus)
Greasyback prawn (Metapenaeus bennettae)
Tiger prawn (Penaeus esculentus)
Trumpeter whiting (Sillago maculata)
Silverbiddy (Gerres subfasciatus)
Fork-tailed catfish (Arius spp.)
Estuary catfish (Cnidoglanis
macrecephalus)
Striped catfish (Plotosus lineatus)
Blue swimmer crab (Portunus armatus)
Mud crab (Scylla serrata)
Arrow squid (Notodarus gouldi)
Broad squid (Photololigo etheridgei)
Slender squid (Loligo
sp.)
Hunter
River
Greasyback prawn (Metapenaeus
bennettae)
Tiger prawn (Penaeus esculentus)
Arrow squid (Notodarus gouldi)
Broad squid (Photololigo etheridgei)
Slender squid (Loligo sp.)
Bottle squid (Loliolus
noctiluca)
Hawkesbury
River
Greasyback prawn (Metapenaeus
bennettae)
Tiger prawn (Penaeus esculentus)
Trumpeter whiting (Sillago maculata)
Large-toothed flounder (Pseudorhombus
arsius)
Small-toothed flounder (Pseudorhombus
henynsii)
Black sole (Brachirus nigra)
Silverbiddy (Gerres subfasciatus)
Striped grunter (Pelates quadrilineatus)
Whitebait spp. (Family: CLUPEIDAE)
Fork-tailed catfish (Arius spp.)
Striped catfish (Plotosus lineatus)
Bullseye spp. (Family: PEMPHERIDIDAE)
Hairtail (Trichiurus lepturus)
Yellowtail scad (Trachurus novaezelandiae)
Blue swimmer crab (Portunus armatus)
Mud crab (Scylla serrata)
Octopus spp. (Family: OCTOPODIDAE)
Mantis shrimp (Erugosquilla grahami)
Mantis shrimp (Harpiosquilla
harpex)
Part 6Trawl seasons and operating
hours
13Trawling not permitted outside trawl season or operating
hours
(1)
An endorsement holder must not use an otter trawl
net (prawns) to take fish in an area of a fishery outside of the trawl season
for that area, or outside the operating hours for that area, as set out in
this Part.
(2)
For the purposes of section 24 of the Act, it is
unlawful to use an otter trawl net (prawns) to take fish in an area of the
fishery in contravention of this clause.
14Clarence River (except Lake Wooloweyah) trawl season and
operating hours
(1)
The trawl season for the Clarence River area
commences on the Monday nearest to 1 December each year, and finishes on the
Friday nearest to 31 May in each succeeding year.
(2)
The operating hours for the Clarence River area
are from 8am to 6pm on Mondays, and from 7am to 6pm on each of the days from
Tuesday to Friday (inclusive), excluding public
holidays.
(3)
This clause does not apply to the part of the
Clarence River area that consists of Lake Wooloweyah.
(4)
The trawl season may be extended by not more than
15 working days by notice in writing given by a fisheries
officer.
(4A)
A fisheries officer may, in the notice extending
the trawl season, limit the extension to specified parts of the Clarence
River, or to specified types of fishing gear, or both.
(5)
The notice must be posted in a conspicuous place
in the Clarence River area.
(6)
The fisheries officer may, at any time before
extending the trawl season, arrange for a trawl trial to be conducted in the
Clarence River area for the purposes of establishing the availability and size
of prawns or the level of bycatch.
15Lake Wooloweyah trawl season and operating
hours
(1)
The trawl season for the part of the Clarence
River area that consists of the waters of Lake Wooloweyah commences on the
first Tuesday on or after 1 October each year, and finishes on the Friday
nearest to 31 May in each succeeding year.
(2)
The operating hours for the part of the Clarence
River area that consists of the waters of Lake Wooloweyah are from 8am to 6pm
on Mondays, and from 7am to 6pm on each of the days from Tuesday to Friday
(inclusive), excluding public holidays.
(3)
The trawl season may be extended by not more than
15 working days by notice in writing given by a fisheries
officer.
(3A)
A fisheries officer may, in the notice extending
the trawl season, limit the extension to specified parts of Lake Wooloweyah,
or to specified types of fishing gear, or both.
(4)
The notice must be posted in a conspicuous place
in the Clarence River area.
(5)
The fisheries officer may, at any time before
extending the trawl season, arrange for a trawl trial to be conducted in the
part of the Clarence River area that consists of the waters of Lake Wooloweyah
for the purposes of establishing the availability and size of prawns or the
level of bycatch.
16Hunter River trawl season and operating
hours
(1)
The trawl season for the Hunter River area
commences on the first weekday on or after 1 November each year and finishes
on the last Friday in May in each succeeding year.
(2)
The operating hours for the Hunter River area are
from 6am to 6pm, Monday to Friday, excluding public
holidays.
17Hawkesbury River trawl season and operating
hours
(1)
The trawl season for the Hawkesbury River area
commences on 1 July each year and finishes on 30 June in each succeeding
year.
(2)
The operating hours for the Hawkesbury River area
are, in relation to the waters specified in Column 2 of the Table to this
clause, the hours of operation specified in Column 3.
Table
Name
General description
of waters
Hours of
operation
Broken Bay
The waters downstream of
a line drawn from the south-eastern most corner of Juno Point to the
north-eastern most corner of Eleanor Bluffs that are not closed to trawling
under a closure referred to in clause 21.
From midnight Sunday to
midnight Friday in each week, excluding public holidays
Juno Point upstream
to the vehicular ferry at Lower Portland
The waters from a
line drawn across the river from the south eastern most corner of Juno Point
to the north eastern most corner of Eleanor Bluffs, upstream to the vehicular
ferry at Lower Portland (including Mooney Mooney Creek and Mangrove Creek),
that are not closed to trawling under a closure referred to in clause
21.
From midnight Sunday
to 6pm Friday in each week, excluding public holidays.
Marramarra Creek and
Coba Bay
The waters of
Marramarra Creek and Coba Bay, upstream (ie west) from a line drawn from the
south-eastern extremity of Murron Point to the south-western extremity of
Morgan Point and then to the north-eastern extremity of the entrance to Coba
Bay.
From sunrise to
sunset in each of the days from Monday to Thursday (inclusive) and from
sunrise to 6pm Friday in each week, excluding public
holidays.
Part 6AFishing 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).
17AOtter trawl net (prawns)
(1)
It is lawful for an endorsement holder to use an
otter trawl net for taking target species for the waters concerned as set out
in clause 11 if the net complies with the description set out in relation to
those waters in the Table to this clause and the following conditions are
complied with:
(a)
the net is used only by the method of
trawling,
(b)
not more than 2 nets are used at any one time in
the Hawkesbury River downstream from a line drawn between Juno Point and
Eleanor Bluffs, or in the Clarence River,
(c)
not more than 1 net is used at any one time in
the Hunter River or in the Hawkesbury River upstream from a line drawn between
Juno Point and Eleanor Bluffs,
(d)
no string, rope, wire, cord, netting or other
material is fixed to any meshes that are within 25 meshes of the draw or
closing string of the codend of the net, except as permitted by subclauses (2)
and (3),
(e)
the net (or each net if more than one net is
used) is fitted with a bycatch reduction device of a kind approved by the
Secretary for use in the waters in which the net is used, and that device is
fitted in accordance with any specifications approved by the Secretary and
published in the Gazette.
(2)
A draw or closing string and a secondary string
may be attached to the net in accordance with one of the following
methods:
(a)
method 1: a frill or panel of diamond
shaped mesh (not less than 40 mm nor more than 50 mm), used to facilitate the
insertion of a draw or closing string, is attached to the codend within 3 bars
of the last row of bars of the codend; the frill or panel is no greater than
15 meshes deep and a draw or closing string is inserted directly in the
codend, or by means of a secondary string, within 3 bars of the end of the
codend,
(b)
method 2: a frill or panel of diamond
shaped mesh (not less than 40 mm nor more than 50 mm), used to facilitate the
insertion of a draw or closing string, is attached to the codend; the frill or
panel does not consist of a greater number of meshes in circumference than the
number of bars in the circumference of the codend; and a draw or closing
string is inserted directly in the frill, or by means of a secondary string,
within 3 meshes of the point where the frill or panel is attached to the
codend,
(c)
method 3: a draw or closing string is
inserted directly into the codend, or by means of a secondary string, without
a frill or panel of diamond shaped mesh.
(2A)
For the purposes of subclause (2), bars includes a reference to
meshes in the case of a codend that is a diamond shaped mesh
codend.
(3)
A chafing piece may be attached to the codend of
the net if:
(a)
the width of the chafing piece does not exceed
half the effective operating diameter of the codend, and
(b)
the chafing piece is hung along the codend and is
not attached in any manner to the codend other than at the top,
and
(c)
the mesh of the chafing piece is not less than 80
mm.
(4)
The use of a V-bridle (consisting of cable, chain
or other material) in conjunction with the net is permitted in that part of
the Hawkesbury River downstream of a line drawn from Juno Point to Eleanor
Bluffs, if the following conditions are complied with:
(a)
the V-bridle is secured to the otter boards and
sweeps (or spreader pole) in such a way that the distance between the point of
attachment to the otter boards and sweeps (or spreader pole) does not exceed 2
metres,
(b)
the distance between the point of attachment to
the otter boards and the first hanging of the net (including sweeps and
V-bridle) does not exceed 7 metres.
(4A)
For the purposes of this clause, a square shaped mesh
codend is a codend that complies with the following
description:
(a)
the mesh of the codend is not less than 27 mm nor
more than 40 mm, constructed of single twine knotless polyamide or
polyethylene material not more than 2.5 mm in diameter and hung on the bar so
that the meshes are square shaped,
(b)
the codend of the net is not less than 1 metre
nor more than 3 metres in length,
(c)
the codend of the net has a circumference not
exceeding 3.2 metres.
(4B)
For the purposes of this clause, a diamond shaped mesh
codend is a codend that complies with the following
description:
(a)
the mesh of the codend is not less than 40 mm nor
more than 60 mm, constructed of single twine material not more than 2.5 mm in
diameter and hung so that the meshes are diamond shaped,
(b)
the codend of the net has a circumference not
exceeding 200 meshes.
(5)
It is also lawful to use an otter trawl net to
take any by-product species in the waters in which the fish are taken, while
the net is being lawfully used to take target species for the waters
concerned.
(6)
For the purposes of this Plan or any other
instrument under the Act, a net described in this clause may be referred to as
an otter trawl net (prawns) or an otter trawl net (prawns)—estuary prawn
trawl fishery.
TableOtter trawl net (prawns)
1
(a)
Waters—Clarence River, Hunter River
and that part of Hawkesbury River upstream from a line drawn from Juno Point
to Eleanor Bluffs.
(b)
Description of net:
(i)
total length of net (length of head line between
the first and last hanging) not exceeding 11 metres, and
(ii)
total length of either net (when towed as twin
gear in Clarence River) not exceeding 7.5 metres, and
(iii)
mesh of the body of the net (or that portion of
net not capable of being used as a codend) not less than 40 mm nor more than
60 mm, and
(iv)
codend of the net (or that portion of net capable
of being used as codend) is a square shaped mesh codend,
and
(v)
sweeps secured to head line and otter board so
that the distance between the point of attachment to the otter boards and the
first hanging of the net does not exceed 5 metres or the distance from the
trawl gallows to the stern of the boat (whichever is the
greater).
2
(a)
Waters—That part of Hawkesbury River
downstream from a line drawn from Juno Point to Eleanor
Bluffs.
(b)
Description of net:
(i)
total length of net (length of head line between
the first and last hanging):
(A)
when one net is being towed as single
gear—not exceeding 11 metres, or
(B)
when 2 nets are being towed as twin gear—
each net (length of head line of each net between the first and last hanging)
not exceeding 11 metres, and
(ii)
mesh of the body of the net (or that portion of
net not capable of being used as a codend) not less than 40 mm nor more than
60 mm, and
(iii)
codend of the net (or that portion of net capable
of being used as codend) is either a square shaped mesh codend or a diamond
shaped mesh codend, and
(iv)
except where a V-bridle is used, sweeps secured
to head line and otter board so that the distance between the point of
attachment to the otter boards and the first hanging of the net does not
exceed 5 metres or the distance from the trawl gallows to the stern of the
boat (whichever is the greater).
17BSorting of prawns caught in certain
nets
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement that the following steps are taken
immediately after using an otter trawl net (prawns) to take fish in the
fishery:
(a)
any prawns caught in the net are graded
immediately after the net is retrieved,
(b)
the unwanted portion of the catch is returned to
the water, alive, as soon as practicable (and in any case before the cooking
of the retained portion of the catch).
Part 7General requirements in relation to taking
fish
18Boat capacity restrictions
(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 a
boat to take fish in the fishery if it has a length exceeding the maximum boat
length specified in Column 1 of the Table to this clause.
Table
Column
1
Column
2
Maximum boat
length
Exemption
code
10
metres
EPT
(2)
The maximum boat length specified in Column 1 of
the Table to this clause does not apply in respect of a boat if:
(a)
it is exempted from the maximum boat length
requirement in accordance with an exemption criteria determined by the
Secretary, and
(b)
that exemption is specified on the fishing boat
licence for the boat by the Minister using a code of a kind specified in
Column 2 of the Table to this clause.
(3)
In the case of a boat exempted as provided for by
subclause (2), the maximum boat length is taken to be the maximum boat length
specified in the fishing boat licence for the boat.
(4)
For the purposes of this clause, the length of a
boat is the measured length specified on the fishing boat licence for that
boat.
19Possession of fishing gear in Clarence River area outside of
operating hours
(1)
For the purposes of section 68 (6A) of the Act,
it is a condition of a Clarence River endorsement that the endorsement holder
is not in possession of an otter trawl net (prawns) in, on or adjacent to the
waters in the Clarence River area (including Lake Wooloweyah) except during
the operating hours for that area, or the part of the area
concerned.
(2)
This clause does not prevent an endorsement
holder from being in possession of an otter trawl net (prawns) in, on or
adjacent to the waters in the Clarence River area (including Lake Wooloweyah)
on any day during the trawl season for the area or part of the area concerned
up to 1 hour before the start of the operating hours for the area or part of
the area concerned if:
(a)
the endorsement holder is travelling to a
preferred fishing site and is not actually taking fish,
and
(b)
all parts of the otter trawl net (prawns) remain
onboard the boat.
20Discarding fish in Hunter River area
For the purposes of section 68 (6A) of the Act,
it is a condition of a Hunter River endorsement that any fish taken in an
otter trawl net (prawns) that are to be discarded:
(a)
are held by the endorsement holder in a holding
tank or swim tub to keep them alive prior to release, and
(b)
are released below the surface of the water by
the endorsement holder by use of a plastic tube with a diameter of at least
150 millimetres.
21Waters permanently closed to commercial
fishing
Pursuant to section 20 (2) of the Act, it is
declared that the waters specified in Tables 1 and 2 of Schedule 2 are waters
in which the class of commercial fishing that consists of the taking of fish
by commercial fishers in the fishery is prohibited.
Note—
See the Supporting Plan for section 20 (2)
closures that apply to more than one share management
fishery.
21AUse 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 a knife, fish spike, club or
similar implement to pierce, impale, beat or otherwise injure any fish or
other organism taken in any catch.
(2)
Subclause (1) does not apply to the use of a
knife to kill or process any fish taken in the catch that are to be
retained.
(3)
An endorsement holder must not, while on board a
boat being used to take fish in the fishery, be in possession of a fish spike,
club or similar implement that could be used to pierce, impale, beat or
otherwise injure any fish or other organism.
(4)
Subclause (3) does not apply to the possession of
a knife.
(5)
It is a defence to a prosecution of an offence
constituted by contravening subclause (3) if the person charged proves that
the implement concerned was in his or her possession for a purpose that is not
unlawful.
(6)
It is a condition of an endorsement that the
endorsement holder does not contravene this clause.
21BBag 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 8General
22Adoption 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.
23Authorised amendments to Plan
For the purposes of section 64 of the Act, any
amendment to this Plan is authorised.
Schedule 1Areas of
fishery
(Clause 4)
1Clarence River
For the purposes of this Plan, the Clarence River
consists of all waters from the confluence of the Clarence River and the South
Pacific Ocean (ie the eastern most extremity of the breakwalls), upstream to
the vehicular ferry at Ulmarra, and including the waters of Lake
Wooloweyah.
2Lake Wooloweyah
For the purpose of this Plan, Lake Wooloweyah
includes all waters of Lake Wooloweyah. The boundary between Lake Wooloweyah
and Oyster Channel is determined by a line drawn from the south eastern
extremity of Joss Island to the eastern extremity of Corokos Island, and the
boundary between Lake Wooloweyah and Palmer’s Channel is determined by a
line drawn from the southern most extremity of the eastern and western banks
of Palmer’s Channel where it meets Lake
Wooloweyah.
3Hunter River
For the purposes of this Plan, the Hunter River
includes all waters from a line drawn south-westerly from the boat ramp
adjacent to Punt Road, Stockton, to the eastern extremity of the State
Dockyard (Dyke Point), upstream to its junction with the Williams
River.
4Hawkesbury River
For the purposes of this Plan, the Hawkesbury
River includes all waters from the confluence of the Hawkesbury River and the
South Pacific Ocean (ie a line drawn from the southern extremity of Box Head
to the Northern Extremity of Barrenjoey Headland), upstream to the vehicular
ferry at Lower Portland.
Schedule 2Waters
permanently closed to fishing
(Clause 21)
1Clarence River
Table 1
Column
1
Column
2
Name
Waters
Upper Oyster
Channel
The whole of the
waters of Oyster Channel from (the Oyster Channel recreational fishing haven)
a line between the Department marker post RFH3 beneath the second set of
powerlines crossing Oyster Channel, located approximately 420 metres upstream
of the Oyster Channel Road Bridge, and the Department marker post RFH4 on the
shore of Micalo Island, upstream to a line drawn from the south eastern
extremity of Joss Island to the eastern extremity of Corokos
Island.
Crystal
Bay
The whole of the
waters of Crystal Bay south and east of a line drawn from the centre of the
turning circle of Westringa Place to the northern most point of Witonga
Drive.
Yamba
Bay
The whole of the
waters of Yamba Bay enclosed by a line drawn from the NSW Maritime Authority
Front Lead Beacon No 122 at mean high water mark on the northern side of
Hickey Island, then northwesterly to the NSW Maritime Authority Navigation Aid
No 097 located on the downstream side of the most easterly opening in Middle
Wall (the south western boundary of the Middle Wall recreational fishing
haven), then north west along Middle Wall to the south eastern most point on
Freeburn Island, then transecting the remnants of the old viaduct on Rabbit
Island directly onto the Public Reserve at Shores Drive, then generally south
east along the high mean tide mark (past Yamba Marina and along the southern
side of Hickey Island) to the point of commencement.
Broadwater
The whole of the
waters of the Broadwater north and north west of a line drawn from a post
marked FD1 on the foreshore of Emerald’s Point generally west to a post
marked FD2 located on Neddy’s Point.
Sportsman’s Creek
The whole of the
waters of Sportsman’s Creek together with its creeks, tributaries and
inlets from the weir above Lawrence upstream to its
source.
Esk
River
The whole of the
waters of the Esk River.
2Hawkesbury River
Table 2
Column
1
Column
2
Name
Waters
Pittwater
The whole of the
waters of Pittwater south of a line drawn from Shark (or Warners) Rock to the
north eastern corner of West Head.
Brisbane Waters
and Broken Bay
The whole of the
waters of Brisbane Waters and its tributaries and the waters of Broken Bay
north of a line drawn from Little Box Head to Green
Point.
Patonga
Creek
The whole of the
waters of Patonga Creek upstream of its confluence with the Hawkesbury River,
being a line drawn north easterly from the easternmost foreshore corner of
Oyster Farm no 59–30 (section 2), on the western foreshore, to the
southernmost extremity of the reserve on the opposite
foreshore.
Cowan Creek,
Smiths Creek, Coal and Candle Creek, Jerusalem Bay and America
Bay
The whole of the
waters of Cowan Creek and Smiths Creek south west of a line drawn between the
north eastern most corner of Eleanor Bluffs and the north western most corner
of Challenger Head adjacent to the Port Hand navigation marker on Challenger
Head.
Dangar Island,
Brooklyn
The whole of the
waters from a line drawn from the most westerly point of Croppy Point to the
most northerly point of Green Point, upstream to the rail bridge at
Brooklyn.
Berowra
Creek
The whole of the
waters of Berowra Creek upstream of a line from the most south westerly point
of Morgan Point to the north eastern point of Coba Point.
Mangrove
Creek
The whole of the
waters upstream of the Oyster Shell Road Bridge over Mangrove
Creek.
Macdonald
River
The whole of the
waters of Macdonald River.
Webbs
Creek
The whole of the
waters of Webbs Creek.
Colo
River
The whole of
the waters of the Colo River upstream of the West Portland Road Bridge
approximately 250 metres from its junction with the Hawkesbury
River.
Schedule 3Bag
limits
(Clause 21B)
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.
Hawkesbury River
endorsement holders.
All estuarine
waters.
Blue swimmer crab
(Portunus armatus).
0.
Clarence River
endorsement holders.
All estuarine
waters.
Mud crab
(Scylla serrata).
0.
Clarence River
endorsement holders and Hawkesbury River endorsement holders.
All estuarine
waters.
Appendix: Am 2008
(232), Sch 2.2; 2008 (522), Sch 3 [1]–[6]; 2009 (522), Sch 2.2
[1]–[5]; 2010 (114), Sch 2 [1]–[3]; 2011 (148), Sch 3 [1] [2];
2014 (356), Sch 3 [1]–[3]; 2015 (808), Sch 4 [1] [2]; 2017 (309), Sch 5;
2017 (615), Sch 5 [1]–[6]; 2018 (323), Sch 9 [1] [2].
Historical notes
Table of amending instruments
Fisheries Management
(Estuary Prawn Trawl Share Management Plan) Regulation 2006
(735). GG No 183 of 15.12.2006, p 10810. Date of commencement,
5.2.2007, cl 2. This Regulation has been amended as follows:
2008
(232)
Fisheries Management Legislation
Amendment (Fees and Other Matters) Regulation 2008. GG No
76 of 27.6.2008, p 6039.
Date of commencement, 1.7.2008, cl
2.
(522)
Fisheries Management Legislation
Amendment (Fishing Gear) Regulation 2008. GG No 148 of
14.11.2008, p 11141.
Date of commencement of Sch 3, on gazettal, cl 2
(1).
2009
(522)
Fisheries Management Legislation
Amendment (Fishing Closures) Regulation 2009. LW
30.10.2009.
Date of commencement, on publication on LW, cl
2.
2010
(114)
Fisheries Management Legislation
Amendment (Share Management Fisheries) Regulation 2010. LW
1.4.2010.
Date of commencement, 1.4.2010, cl
2.
2011
(148)
Fisheries Management Legislation
Amendment Regulation 2011. LW 3.3.2011.
Date of commencement, on publication on LW, cl
2.
2014
(356)
Fisheries Management Legislation
Amendment (Miscellaneous) Regulation 2014. LW
13.6.2014.
Date of commencement, on publication on LW, cl
2.
2015
(808)
Fisheries Management Legislation
Amendment Regulation 2015. LW 18.12.2015.
Date of commencement, on publication on LW, cl
2.
2017
(309)
Fisheries Management Legislation
Amendment (Quota Shares) Regulation 2017. LW
30.6.2017.
Date of commencement, on publication on LW, cl
2.
(615)
Fisheries Management Legislation
Amendment Regulation 2017. LW 10.11.2017.
Date of commencement, 1.12.2017, cl
2.
2018
(323)
Fisheries Management Legislation
Amendment Regulation 2018. LW 29.6.2018.
Date of commencement, 1.7.2018, cl
2.
Table of amendments
Appendix
Am 2008 (232), Sch 2.2; 2008
(522), Sch 3 [1]–[6]; 2009 (522), Sch 2.2 [1]–[5]; 2010 (114), Sch
2 [1]–[3]; 2011 (148), Sch 3 [1] [2]; 2014 (356), Sch 3 [1]–[3];
2015 (808), Sch 4 [1] [2]; 2017 (309), Sch 5; 2017 (615), Sch 5 [1]–[6];
2018 (323), Sch 9 [1] [2].