2006
2006
s06-055
2021-08-27
Fisheries Management Act
1994
act-1994-038
reg
reprint
sl-2021-0482
allinforce
Gazette No 183 of 15 December 2006, page
10829
0
sl-2006-0736
53bbe152-062c-4de8-8948-c48a2382bd6b
33121bc8-3c56-43f3-be7c-31992b2d8c8c
none
website
1Name of Regulation
This Regulation is the Fisheries Management (Ocean Hauling Share Management Plan)
Regulation 2006.
2Commencement
This Regulation commences on 5 February
2007.
3Ocean Hauling Share Management Plan
The Ocean Hauling Share Management
Plan set out in the Appendix to this Regulation has
effect.
Appendix
(Clause 3)
Part 1Preliminary
1Name of plan
This is the Ocean Hauling Share Management
Plan.
2Definitions
(1)
In this Plan—
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.
fishery means the ocean
hauling fishery (as described in Schedule 1 to the Act).
hauling net means a
hauling net (general purpose), garfish net (hauling) or pilchard, anchovy and
bait net (hauling).
ocean hauling fishing
business means a fishing business the components of which
include shares in the fishery.
ocean hauling
operations includes the following—
(a)
operating or stowing a hauling net or operating
any motor vehicle or boat in relation to the operation of those nets while in,
on or adjacent to the waters of the fishery,
(b)
removing any fish taken in the fishery from a
hauling net,
(c)
placing any fish taken in the fishery by means of
a hauling net into boxes, containers or any other receptacles while in, on or
adjacent to the waters of the fishery.
ocean waters has the
meaning given by Schedule 1 to the Act.
prohibited size class of
fish means any species of fish referred to in the Fisheries Management (General) Regulation
2019, clause 6.
quota share—see
clause 6A.
Supporting Plan
means the Fisheries Management Supporting Plan as
set out in the Appendix to the Fisheries Management
(Supporting Plan) Regulation 2006.
target species of
fish for a net means a species specified in the second
column of the Table to clause 9 next to the net concerned.
the Act means the Fisheries Management Act
1994.
waters of the
fishery means the following waters (within the meaning of
Schedule 1 to the Act)—
(a)
ocean waters within 3 nautical miles of the
natural coast line,
(b)
the waters of Jervis Bay,
(c)
the waters of Coffs
Harbour.
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 a region of the
fishery is a reference to a region described in clause
4.
(3)
In this Plan, longitude and latitude coordinates
are in WGS84 datum, unless otherwise provided.
(4)
Notes used 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.
(4)
In the Table—
by-product
species means a species of fish that is retained in the
fishery, and that is not a target species or conditional target
species.
conditional target
species means a species of fish listed in the Table to
clause 9 under the heading “conditional target
species”.
target species means
a species of fish listed in the Table to clause 9 under the heading
“target 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 ocean hauling 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 target
species or conditional target 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 conditional target species is changed to
“overfished” or “recruitment overfished” by the
Department
Total annual
landings of all conditional target species and by-product species as a
percentage of the total annual landings for each fishing method remains at 5%
or less
The Secretary is
satisfied that the contribution of conditional target species and by-product
species to total annual landings for any method exceeds 5% 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 a hauling net or purse seine net to take fish from
any of the following waters—
(a)
ocean waters within 3 nautical miles of the
natural coast line,
(b)
the waters of Jervis Bay,
(c)
the waters of Coffs
Harbour.
The ocean hauling fishery extends to the use of
any net by the method of hauling to take fish from any of the waters referred
to above.
4Regions of fishery
(1)
For the purposes of this Plan, the waters of the
fishery are divided into 7 regions.
(2)
The 7 regions of the fishery are as
follows—
(a)
Upper north coast (Region 1). The waters
of the fishery lying generally north of the parallel 29°15′ south
latitude.
(b)
Clarence (Region 2). The waters of the
fishery lying generally between the parallel 29°15′ south latitude
and the parallel 29°45′ south latitude.
(c)
North coast (Region 3). The waters of the
fishery lying generally between the parallel 29°45′ south latitude
and the parallel 31°44′ south latitude.
(d)
Central (Region 4). The waters of the
fishery lying generally between the parallel 31°44′ south latitude
and the parallel 33°25′ south latitude.
(e)
Metropolitan (Region 5). The waters of the
fishery lying generally between the parallel 33°25′ south latitude
and the parallel 34°20′ south latitude.
(f)
Upper south coast (Region 6). The waters
of the fishery lying generally between the parallel 34°20′ south
latitude and the parallel 35°25′ south
latitude.
(g)
Lower south coast (Region 7). The waters
of the fishery lying generally south of the parallel 35°25′ south
latitude.
5Classes of share
The following classes of shares are available in
the fishery—
(a)
Ocean hauling—general ocean hauling
shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(b)
Ocean hauling—hauling net (general purpose)
shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(c)
Ocean hauling—garfish net (hauling)
shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(d)
Ocean hauling—pilchard, anchovy and bait
net (hauling) shares—Regions 1, 2, 3, 4, 5, 6 and 7,
(e)
Ocean hauling—purse seine net
shares,
(f)
Ocean hauling—eastern sea garfish quota
shares,
(g)
Ocean hauling—Australian sardine quota
shares,
(h)
Ocean hauling—blue mackerel quota
shares,
(i)
Ocean hauling—yellowtail scad quota
shares.
Note—
The classes of shares referred to in paragraphs
(a)–(e) correspond to the types of endorsements available in the fishery
and the region in which an endorsement authorises the holder to take
fish.
The shares referred to in paragraphs
(f)–(i) 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.
6Types of endorsement
(1)
There are 29 types of endorsement available in
the fishery, as follows—
(a)
General ocean hauling endorsement—Regions
1, 2, 3, 4, 5, 6 and 7,
(b)
Hauling net (general purpose)
endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(c)
Garfish net (hauling) endorsement—Regions
1, 2, 3, 4, 5, 6 and 7,
(d)
Pilchard, anchovy and bait net (hauling)
endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,
(e)
Purse seine net
endorsement.
(2)General ocean hauling endorsement—Regions 1, 2,
3, 4, 5, 6 and 7
A general ocean hauling endorsement authorises
the holder to assist another person who holds an endorsement of a kind
referred to in subclause (4), (6) or (8) to take fish, but only if the region
specified in that other endorsement is the same as the region specified in the
general ocean hauling endorsement.
(3)
Only shareholders who hold ocean
hauling—general ocean hauling shares for a region are eligible to be
given, or to nominate a person to be given, a general ocean hauling
endorsement for that region.
(4)Hauling net (general purpose)
endorsement—Regions 1, 2, 3, 4, 5, 6 and 7
A hauling net (general purpose) endorsement
authorises the holder to use a hauling net (general purpose) to take fish in
the region of the fishery specified in the endorsement.
(5)
Only shareholders who hold ocean
hauling—hauling net (general purpose) shares for a region are eligible
to be given, or to nominate a person to be given, a hauling net (general
purpose) endorsement for that region.
(6)Garfish net (hauling) endorsement—Regions 1, 2,
3, 4, 5, 6 and 7
A garfish net (hauling) endorsement authorises
the holder to use a garfish net (hauling) to take fish in the region of the
fishery specified in the endorsement.
(7)
Only shareholders who hold ocean
hauling—garfish net (hauling) shares for a region are eligible to be
given, or to nominate a person to be given, a garfish net (hauling)
endorsement for that region.
(8)Pilchard, anchovy and bait net (hauling)
endorsement—Regions 1, 2, 3, 4, 5, 6 and 7
A pilchard, anchovy and bait net (hauling)
endorsement authorises the holder to use a pilchard, anchovy and bait net
(hauling) to take fish in the region of the fishery specified in the
endorsement.
(9)
Only shareholders who hold ocean
hauling—pilchard, anchovy and bait net (hauling) shares for a region are
eligible to be given, or to nominate a person to be given, a pilchard, anchovy
and bait net (hauling) endorsement for that region.
(10)Purse seine net endorsement
A purse seine net endorsement authorises the
holder to use a purse seine net to take fish in any region of the
fishery.
(11)
Only shareholders who hold ocean
hauling—purse seine net shares are eligible to be given, or to nominate
a person to be given, a purse seine net endorsement.
Part 3AQuota management
6ANew classes of shares
(1)
The following classes of shares are available in
the fishery—
(a)
Ocean hauling—eastern sea garfish quota
shares,
(b)
Ocean hauling—Australian sardine quota
shares,
(c)
Ocean hauling—blue mackerel quota
shares,
(d)
Ocean hauling—yellowtail scad 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.
6BAllocation of quota shares—first
issue
(1)
A person is eligible to be issued with ocean
hauling—eastern sea garfish 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 hauling—eastern sea
garfish quota shares if, on the relevant date, the person holds ocean
hauling—garfish net (hauling) shares—Regions
1–7.
(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).
6BAAllocation 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
the 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 5.
TableEligibility for quota shares
Column
1
Column
2
Quota
shares
Existing
shares
Ocean
hauling—Australian sardine quota shares
Ocean
hauling—purse seine net shares
Ocean
hauling—blue mackerel quota shares
Ocean
hauling—purse seine net shares
Ocean
hauling—yellowtail scad quota shares
Ocean
hauling—purse seine net shares
6CIssue of quota shares
(1)
The Minister is to issue quota shares to eligible
shareholders in accordance with a determination under clause 6B or 6BA 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.
6DAppeals 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.
6ETAF Committee required to make TAC
determinations
(1)
The TAF Committee is required to make a TAC
determination for eastern sea garfish.
(2)
A TAC determination is to be made in respect of
each period of 12 months commencing on 1 July and ending on 30 June in the
following year or such other period as the Minister may determine after
consultation with any relevant advisory council or advisory
group.
(3)
A TAC determination is to be made in accordance
with Division 2 of Part 2A of the Act.
(4)
This clause is subject to Part 11 of this
Plan.
Note—
Part 11 provides for the Secretary, and not the
TAF Committee, to make the TAC determination for eastern sea garfish during
the transition period, which commences on 6 October 2017 and ends on 30 June
2024.
6EATAC 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)
Australian sardine (Sardinops
neopilchardus),
(b)
blue mackerel (Scomber
australasicus),
(c)
yellowtail scad (Trachurus
novaezelandiae).
Note—
Under section 40C (3), 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 period of 12 months commencing on 1 May and ending on 30 April in the
following year or such other period as the Minister may determine after
consultation with any relevant advisory council or advisory
group.
6FTaking fish without quota
(1)
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement authorising the taking of eastern sea
garfish (Hyporhamphus australis) that the endorsement holder does not
take that species 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 purse seine net 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)
Australian sardine (Sardinops
neopilchardus),
(b)
blue mackerel (Scomber
australasicus),
(c)
yellowtail scad (Trachurus
novaezelandiae).
(2)
For the purposes of section 65 of the Act,
contravention of this clause is an offence.
(3)
Part 4Minimum and maximum
shareholdings
7Minimum shareholding—all shares other than general
ocean hauling and purse seine net shares
(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 section 68 (3) (b) of
the Act.
(2)
The shares relied on to meet the minimum
shareholding requirement must all be a component of the same ocean hauling
fishing business.
Table
Class of
shares
Minimum
shareholding
Ocean
hauling—hauling net (general purpose) shares (Region 1)
80
Ocean
hauling—hauling net (general purpose) shares (Region 2, 4 or
6)
50
Ocean
hauling—hauling net (general purpose) shares (Region 3)
120
Ocean
hauling—hauling net (general purpose) shares (Region 5)
70
Ocean
hauling—hauling net (general purpose) shares (Region 7)
160
Ocean
hauling—garfish net (hauling) shares (Region 1)
10
Ocean
hauling—garfish net (hauling) shares (Region 2, 3, 4, 5, 6 or
7)
40
Ocean
hauling—pilchard, anchovy and bait net (hauling) shares (Region 1, 3, 5
or 7)
30
Ocean
hauling—pilchard, anchovy and bait net (hauling) shares (Region
2)
10
Ocean
hauling—pilchard, anchovy and bait net (hauling) shares (Region 4 or
6)
20
7AMinimum shareholding—general ocean hauling and purse
seine net shares
(1)
For the purpose of section 67 (1) of the Act, the
minimum shareholding in relation to the following classes of shares (relevant shares) is,
subject to subclause (2)—
(a)
for ocean hauling—general ocean hauling
shares (Region 1, 2, 3, 4, 5, 6 or 7)—40 shares,
(b)
for ocean hauling—purse seine net
shares—40 shares.
(2)
The minimum shareholding in relation to the
relevant shares is 1 share, if the shareholder is an original entitlement
holder.
(3)
Subclause (2) ceases to apply if the shareholder
transfers, assigns, forfeits or surrenders any of the relevant shares or if
any of the relevant shares are cancelled after 5 February 2007 (in which case
subclause (1) applies to the shareholder).
(4)
For the purposes of this clause, an original entitlement
holder is a person who—
(a)
held relevant shares immediately before 5
February 2007, and
(b)
was, immediately before 5 February 2007, eligible
for an endorsement in the fishery (or to nominate a person to be given an
endorsement in the fishery) on the basis of that
shareholding.
(5)
A person who was issued with relevant shares as a
consequence of a decision of the Share Appeal Panel on an appeal in relation
to the issue of shares in the fishery and who would have been entitled to an
endorsement in the fishery, or to nominate a person to be given an
endorsement, if those shares had been issued before 5 February 2007, is taken
to be an original entitlement holder for the purposes of this
clause.
(6)
The shares relied on to meet the minimum
shareholding requirement must all be a component of the same ocean hauling
fishing business.
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
9At least 80% of each hauling shot must be comprised of target
or conditional target species
(1)
An endorsement holder must not use a net
specified in the Table to this clause to take fish unless at least 80% (by
whole weight) of the catch taken from each haul is comprised of target species
or conditional target species for that type of net.
(2)
In this clause—
(a)
the target species for a net specified in the
Table to this clause is any fish of a species listed next to the type of net
concerned under the heading “target species”,
and
(b)
the conditional target species (if any) for a net
specified in the Table to this clause is any fish of a species listed next to
the type of net concerned under the heading “conditional target
species”.
(3)
For the purposes of section 24 of the Act, it is
unlawful to use a net specified in the Table to this clause to take fish in
the fishery in contravention of this clause.
Table
Type of
net
Target
species
Conditional target
species
Hauling net (general
purpose)—ocean hauling fishery
Australian salmon (Arripis trutta)
Dart (Trachinotus spp.)
Luderick (Girella tricuspidata)
Sand whiting (Sillago ciliata)
Sea mullet (or any other species of mullet included in
the Family MUGILIDAE)
Yellowfin bream (Acanthopagrus
australis)
Blue mackerel (Scomber
australasicus)
Australian bonito (Sarda australis)
Leaping bonito (Cybiosarda elegans)
Oriental bonito (Sarda orientalis)
Mulloway (Argyrosomus japonicus)
Diamond fish (Monodactylus argentus)
Frigate mackerel (Auxis thazard)
Mackerel tuna (Euthynnus affinis)
Longtail tuna (Thunnus tonggol)
Silver trevally (Pseudocaranx dentex)
Spanish mackerel (Scomberomorus commerson)
Sweep (Scorpis lineolata)
Tarwhine (Rhabdosargus
sarba)
Garfish net
(hauling)—ocean hauling fishery
Sea garfish
(Hyporhamphus australis)
Nil
Pilchard, anchovy and
bait net (hauling)—ocean hauling fishery
Anchovy (Engraulis australis)
Blue mackerel (Scomber australasicus)
Pilchard (Sardinops neopilchardus)
Yellowtail scad (Trachurus novaezelandiae)
Whitebait spp. (Family
CLUPEIDAE/GALAXIIDAE)
Nil
Purse seine
net
Anchovy (Engraulis australis)
Australian salmon (Arripis trutta)
Whitebait spp. (Family CLUPEIDAE/GALAXIIDAE)
Blue mackerel (Scomber australasicus)
Australian bonito (Sarda australis)
Oriental bonito (Sarda orientalis)
Jack mackerel (Trachurus declivis)
Pilchard (Sardinops neopilchardus)
Silver trevally (Pseudocaranx dentex)
Sweep (Scorpis lineolata)
Yellowtail scad (Trachurus novaezelandiae)
Skipjack tuna (also known as striped tuna)
(Katsuwonus pelamis)
Nil
Part 6Areas and times of operation
10Waters permanently closed to ocean
hauling
(1)
Pursuant to section 20 (2) of the Act, it is
declared that the waters within 200 metres of the mean low water mark of the
waters listed in Schedule 1 are waters in which the class of commercial
fishing that consists of the taking of fish by commercial fishers in the
fishery is prohibited, subject to subclause (2).
(2)
The declaration under subclause (1) does not
prohibit the use of any of the following nets, where those nets are cast from
and hauled back to a boat, in waters that are adjacent to a headland that is
at the end of a beach specified in Schedule 1—
(a)
garfish net (hauling),
(b)
pilchard, anchovy and bait net
(hauling).
11Beaches closed to ocean hauling on a seasonal
basis
Pursuant to section 20 (2) of the Act, it is
declared that the beaches specified in Column 1 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, during the period specified
next to the beach concerned in Column 2 of the Schedule.
Note—
See the Supporting Plan for section 20 (2)
closures that apply to more than one share management
fishery.
11AOther 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 3 are waters in
which the class of commercial fishing that consists of the method of fishing
specified in Column 2 of that Schedule is prohibited during the period
specified in Column 3 of that Schedule next to the waters
concerned.
12Hauling net (general purpose) and pilchard, anchovy and bait
net (hauling) 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 carry
out ocean hauling operations (other than operations in relation to use of a
garfish net (hauling)) on weekends or on public holidays during the months of
November, December, January and February.
(2)
In this clause—
public holiday means a
day that is observed as a public holiday throughout New South
Wales.
weekend means the period
between midnight on a Friday and midnight on the immediately following
Sunday.
13Garfish net (hauling) 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
garfish net (hauling) to take fish in the fishery on a weekend or a public
holiday.
(2)
In this clause—
public holiday means a
day that is observed as a public holiday throughout New South
Wales.
weekend means the period
between midnight on a Friday and midnight on the immediately following
Sunday.
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).
Division 1Use of fishing gear
13AAUse of nets to assist commercial fishers to take
fish
It is lawful for a person to assist an
endorsement holder in the operation of a net in accordance with this Division
and Part 8.
13AHauling net (general purpose)
(1)
It is lawful for the holder of a hauling net
(general purpose) endorsement to use a hauling net for taking fish in the
waters specified in the Table to this clause if the net (including hauling
lines) complies with the description set out in relation to those waters in
that Table and the following conditions are complied with—
(a)
the net is used only by the method of
hauling,
(b)
the net has a bunt,
(c)
the bunt of the net—
(i)
is in the centre of the net and the net has 2
wings of equal length, or
(ii)
is located between the end of the net first cast
or shot and the centre of the net,
(d)
the length of each hauling line attached to the
net does not exceed the total length of the net to which it is
attached,
(e)
the hauling of the net once commenced (that is,
when any part of the net other than the hauling line has been shot or cast) is
continued without any interruption or delay until
completed,
(f)
any fish contained in any part of the net are
immediately removed on completion of the haul, or on removal of that part of
the net from the water, whichever occurs first,
(g)
the net is not used for taking
garfish,
(h)
the net is operated with the assistance of at
least 1 other person,
(i)
the net is deployed from, and hauled to, a
beach.
(2)
(3)
This clause is subject to clause
9.
Note—
Clause 9 lists the target and conditional target
species for this type of net. At least 80% of the catch taken in each haul
must be comprised of those species.
(4)
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 hauling net (general purpose) or a hauling net (general purpose)—ocean
hauling fishery.
TableHauling net (general purpose)
1
(a)
Waters—Ocean waters within 3
nautical miles of the natural coast line, including the waters of Coffs
Harbour.
(b)
Description of net—
(i)
from 1 March to 31 July in each year—Total
length not exceeding 400 metres; length of bunt not exceeding one-third of the
total length of net; mesh of bunt not less than 50 mm nor more than 65 mm if
taking any fish in the fishery or not less than 95 mm nor more than 102 mm if
taking fish other than sea mullet (Mugil cephalus); mesh of wings not
less than 65 mm nor more than 86 mm; no rings or other devices attached to net
(including on lead line) that facilitate the pursing of the
net,
(ii)
during any other period—Total length not
exceeding 400 metres; length of bunt not exceeding one-third of the total
length of net; mesh of bunt not less than 50 mm; mesh of wings not less than
80 mm; no rings or other devices attached to net (including on lead line) that
facilitate the pursing of the net.
2
(a)
Waters—Jervis
Bay.
(b)
Description of net—
(i)
from 1 March to 31 July in each year—Total
length not exceeding 400 metres; length of bunt not exceeding one-third of the
total length of net; mesh of bunt not less than 50 mm nor more than 65 mm if
taking any fish in the fishery or not less than 95 mm nor more than 102 mm if
taking fish other than sea mullet (Mugil cephalus); mesh of wings not
less than 65 mm nor more than 86 mm; no rings or other devices attached to net
(including on lead line) that facilitate the pursing of the
net,
(ii)
during any other period—Total length not
exceeding 400 metres; length of bunt not exceeding 90 metres or one-quarter of
the total length of the net (whichever is the lesser) made up as follows:
centre piece not exceeding 50 metres nor less than 25 metres in length, of
mesh not less than 30 mm nor more than 57 mm; remainder of bunt not exceeding
50 metres in length, of mesh not less than 57 mm; mesh of wings not less than
80 mm; no rings or other devices attached to net (including on lead line) that
facilitate the pursing of the net.
13BGarfish net (hauling)
(1)
It is lawful for the holder of a garfish net
(hauling) endorsement to use a hauling net for taking a target species of fish
for that net 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)
the net is used only by the method of
hauling,
(b)
the hauling of the net once commenced (that is,
when any part of the net other than the hauling line has been shot or cast) is
continued without any interruption or delay until
completed,
(c)
if the hauling of the net is conducted from a
boat, no more than one boat is used, and the boat remains stationary while the
net is being retrieved.
(d)
(2)
It is also lawful for the holder of a garfish net
(hauling) endorsement to use a hauling net for taking any other fish (other
than a prohibited size class of fish) that are taken by the net when it is
lawfully being used for taking a target species for that
net.
(3)
(4)
This clause is subject to clause
9.
Note—
Under clause 9, the target species for this type
of net is sea garfish. At least 80% of the catch taken in each haul must be
comprised of that species.
(5)
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 garfish net (hauling) or as a garfish net (hauling)—ocean hauling
fishery.
TableGarfish net (hauling)
1
(a)
Waters—Ocean waters within 3
nautical miles of the natural coast line, including the waters of Coffs
Harbour.
(b)
Description of net—Total length not
exceeding 300 metres; no rings or other devices attached to net (including on
lead line) that facilitate the pursing of the net; mesh of not less than 28 mm
nor more than 85 mm.
2
(a)
Waters—Jervis
Bay.
(b)
Description of net—Total length not
exceeding 300 metres; no rings or other devices attached to net (including on
lead line) that facilitate the pursing of the net; mesh of not less than 28 mm
nor more than 36 mm.
13CPilchard, anchovy and bait net
(hauling)
(1)
It is lawful for the holder of a pilchard,
anchovy and bait net (hauling) endorsement to use a hauling net for taking a
target species of fish for that net in the waters specified in the Table to
this clause if the net (including hauling lines) complies with the description
set out in relation to those waters in that Table and the following conditions
are complied with—
(a)
the net is used only by the method of
hauling,
(b)
the hauling of the net once commenced (that is,
when any part of the net other than the hauling line has been shot or cast) is
continued without any interruption or delay until
completed,
(c)
if the hauling of the net is conducted from a
boat, no more than one boat is used, and the boat remains stationary while the
net is being retrieved.
(d)
(2)
It is also lawful for the holder of a pilchard,
anchovy and bait net (hauling) endorsement to use a hauling net for taking any
other fish (other than prawns, sea garfish or a prohibited size class of fish)
that are taken by the net when it is being lawfully used for taking a target
species for that net.
(3)
(4)
This clause is subject to clause
9.
Note—
Clause 9 lists the target species for this type
of net. At least 80% of the catch taken in each haul must be comprised of
those species.
(5)
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 pilchard, anchovy and bait net (hauling) or a pilchard, anchovy and bait net
(hauling)—ocean hauling fishery.
TablePilchard, anchovy and bait net
(hauling)
1
(a)
Waters—Ocean waters within 3
nautical miles of the natural coast line, including the waters of Coffs
Harbour.
(b)
Description of net—Total length
(excluding hauling lines) not exceeding 300 metres; total length of hauling
lines not exceeding 500 metres; no rings or other devices attached to net
(including on lead line) that facilitate the pursing of the net; mesh
throughout of not less than 11 mm.
13DPurse seine net
(1)
It is lawful for the holder of a purse seine net
endorsement to use a purse seine net for taking a target species of fish for
the net (as referred to in clause 9) 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)
the net is cast or shot from, and retrieved to, a
boat,
(b)
the hauling of the net once commenced (that is,
when any part of the net other than the hauling line has been shot or cast) is
continued without any interruption or delay until completed, and is conducted
from a single boat.
(2)
It is also lawful for the holder of a purse seine
net endorsement to use a purse seine net for taking any other fish (other than
prawns, sea garfish, tuna or a prohibited size class of fish) that are taken
by the net when it is being lawfully used for taking a target species of fish
for that net.
(3)
For the purposes of this clause, silver trevally
is not considered to be a prohibited size class of fish (and accordingly, may
lawfully be taken using a purse seine net).
(4)
This clause is subject to clause
9.
Note—
Clause 9 lists the target species for this type
of net. At least 80% of the catch taken in each haul must be comprised of
those species.
(5)
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 purse seine net.
TablePurse seine net
1
(a)
Waters—Ocean waters within 3
nautical miles of the natural coast line, including the waters of Coffs
Harbour.
(b)
Description of net—Total length not
exceeding 1,000 metres; rings and purse rope or other devices that facilitate
pursing attached to lead line; mesh throughout not more than 150
mm.
2
(a)
Waters—Jervis Bay and the whole of
the waters of Twofold Bay together with its bays and inlets west of a line
drawn from Worang Point (North Head) southerly to Red Point (South
Head).
(b)
Description of net—Total length not
exceeding 275 metres; rings and purse rope or other devices that facilitate
pursing attached to lead line; mesh throughout not more than 150
mm.
Division 2
13E–13G
Part 7General requirements in relation to taking
fish
14
15Evidence of endorsement must be produced where fishing
priority sought
(1)
If an endorsement holder seeks to take priority
over another fisher in ocean hauling operations in the fishery, including by
taking a turn before that other fisher, the other fisher may request the
endorsement holder seeking to take priority, before taking that turn, to
produce evidence of his or her endorsement in the fishery to that other
fisher.
(2)
The endorsement holder seeking to take priority
may, before responding to such a request, require the fisher making the
request to produce evidence of his or her endorsement in the fishery to the
endorsement holder seeking priority.
(3)
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement that an endorsement holder must not fail
to comply with any reasonable request to produce evidence of an endorsement
made in accordance with this clause.
16Display of identification information on motor
vehicles
(1)
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement that the endorsement holder does not
engage in any ocean hauling operations unless there is clearly displayed on
any motor vehicle used in connection with the operations the following
information—
(a)
the words “Ocean hauling
fishery”,
(b)
the number of the fishing business of which the
endorsement is a component (being the number allocated to the fishing business
by the Secretary under the Act).
(2)
If a motor vehicle is being used by more than one
endorsement holder, it is sufficient that the information referred to in
subclause (1) is displayed as required in relation to only one of those
endorsement holders.
17Use of nets in or near flagged swimming
areas
(1)
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement that the endorsement holder does not shoot
or retrieve a net, for the purpose of taking fish in the fishery, while in a
flagged swimming area.
(2)
In this clause—
flagged swimming
area means any part of a beach used as a swimming area, the
boundaries of which are indicated by flags.
17ABag 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 4 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 4 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.
18Boat capacity restrictions
(1)
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement of a type specified in Column 1 of the
Table to this clause that the endorsement holder does not use a boat to take
fish in the fishery if the boat has a length exceeding the maximum boat length
specified in Column 2 of the Table next to the endorsement
concerned.
Table
Column
1
Column
2
Column
3
Types of
endorsement
Maximum boat
length
Exemption
code
Hauling net (general
purpose) endorsement
6
metres
N/A
Garfish net
(hauling) endorsement, pilchard, anchovy and bait net (hauling) endorsement,
and purse seine net endorsement
20
metres
OH
(2)
The maximum boat length specified in Column 2 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 (if any) specified
in Column 3 of the Table to this clause next to the endorsement
concerned.
(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.
Part 7ARights of priority
Note—
This Part sets out the rights of priority between
endorsement holders in the ocean hauling fishery. Rights of priority between
commercial fishers and recreational fishers on recognised fishing grounds are
set out in the Fisheries Management (General)
Regulation 2019. Rights of priority between endorsement
holders in the ocean hauling fishery and endorsement holders in other
fisheries on recognised fishing grounds are set out in the Fisheries Management (Supporting Plan) Regulation
2006.
Division 1General
18AFishing contrary to rights of
priority
For the purposes of section 68 (6A) of the Act,
it is a condition of an endorsement that the endorsement holder does not take
fish in the fishery contrary to the rights of priority provided for by this
Part after being directed not to do so—
(a)
by a fisheries officer, or
(b)
by another endorsement holder (who is using or
intending to use a net or other fishing gear in accordance with this
Part).
18BEndorsement holders must use fishing gear in accordance
with this Part
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
net or other fishing gear in a manner that is contrary to the provisions of
this Part.
Division 2Rights of priority
18CPriority between endorsement holders taking fish from same
ocean beach
(1)
The rights of priority between endorsement
holders taking or intending to take fish by use of a relevant net from the
same ocean beach are determined as follows—
(a)
the first turn belongs to the crew that first
arrives at the ocean beach with a boat and with a relevant net laid ready for
use, but only if there is at least one crew member in attendance, ready to
shoot the net, and the other crew members are in the immediate
vicinity,
(b)
the next turn belongs to the crew that next
arrives with such a boat and net, and so on,
(c)
a turn concludes when a crew has shot its net,
but in no case extends over a longer period than 24 hours as against any other
crew ready and waiting to haul,
(d)
during its turn a crew has exclusive rights to so
much of the ocean beach as equals in length, measured along the foreshore from
the point where the boat belonging to that crew is or was positioned or lying,
the total length of the net in use or intended to be used, in the direction in
which the net is shot or laid ready for shooting,
(e)
a crew is not entitled to a second turn until all
other crews on the ocean beach have had their first turn,
(f)
the crew of a boat waiting for a turn
automatically forfeits its turn if any member of that crew acts as a member of
the crew of a boat making a haul,
(g)
2 or more turns may be taken simultaneously if
the waters being fished admit of double-banking, provided that no net is shot
around an inner net within 7.5 metres of the cork line of that inner net
without the consent of the crew operating that inner
net.
(2)
In this clause, crew means a crew consisting of
a holder of an endorsement that authorises the holder to use the relevant net
and the number of other persons (if any) that are required to effectively
operate the net.
(3)
(4)
Despite the above, a crew that has the minimum
crew number (or more) has priority over any crew consisting of less than the
minimum crew number (regardless of which crew arrived first at the relevant
ocean beach).
(5)
A crew that has less than the minimum crew number
is not entitled to a turn while another crew that has the minimum crew number
(or more) is ready and waiting to haul (whether or not that other crew has
already had a turn).
(6)
The minimum crew number is 4 persons, 1 of whom
must be a holder of an endorsement that authorises the holder to use the
relevant net.
(7)
This clause applies whether or not the ocean
beach is a recognised fishing ground (within the meaning of the Fisheries Management (General) Regulation
2019).
(8)
In this clause—
relevant net means a
hauling net (general purpose), a garfish net (hauling) or a pilchard, anchovy
and bait net (hauling).
Part 8Fishing crews
19Taking fish with the assistance of
others
For the purposes of section 68 (6A) of the Act,
it is a condition of each of the following endorsements that the endorsement
holder does not take fish with the assistance of any other person contrary to
the provisions of this Part—
(a)
garfish net (hauling)
endorsement,
(b)
hauling net (general purpose)
endorsement,
(c)
pilchard, anchovy and bait net (hauling)
endorsement.
20General crew requirements
In this Part, the general crew
requirements that an endorsement holder is required to
comply with if taking fish with the assistance of another person
are—
(a)
the endorsement holder and the other person must
be engaged in the same fishing activity, and
(b)
the endorsement holder must remain in the
immediate vicinity of the other person at all times, and
(c)
the endorsement holder must not use, or cause to
be used, more than 1 net at any one time, and
(d)
any fish taken by the endorsement holder are to
be kept in the endorsement holder’s possession until the fish are
lawfully disposed of.
21Crew requirements for garfish net (hauling) endorsement
holders
A holder of a garfish net (hauling) endorsement
may take fish in the fishery with the assistance of 1 or more other persons if
the endorsement holder complies with the general crew
requirements.
22Crew requirements for hauling net (general purpose) and
pilchard, anchovy and bait net (hauling) endorsement
holders
(1)
A holder of a hauling net (general purpose) or a
pilchard, anchovy and bait net (hauling) endorsement may take fish in the
fishery with the assistance of 1 or more other persons if—
(a)
the endorsement holder complies with the general
crew requirements, and
(b)
the endorsement holder does not exceed the crew
limit determined by the Secretary under this Part for the relevant fishing
business (being the fishing business a component of which is the
holder’s endorsement).
(2)
For the purposes of section 65 of the Act,
contravention of subclause (1) (b) is an offence.
23Crew limits for hauling net (general purpose) and pilchard,
anchovy and bait net (hauling) fishing businesses
(1)
The Secretary is to determine, by instrument in
writing, a crew limit for each hauling or PAB fishing
business.
(2)
The crew limit for a hauling or
PAB fishing business is the maximum number of crew that may assist an
endorsement holder taking fish on behalf of the fishing
business.
(3)
The Secretary is to determine the crew limit for
each hauling or PAB 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
hauling or PAB fishing business of the crew limit for the
business.
(5)
A fishing business owner who is notified of a
crew 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 crew limit.
(6)
For the purposes of section 65 of the Act,
contravention of subclause (5) is an offence.
(7)
In this clause—
hauling fishing
business means an ocean hauling fishing business that has
ocean hauling—hauling net (general purpose) shares—Regions
1–7 as a component.
PAB fishing
business means an ocean hauling fishing business that has
ocean hauling—pilchard, anchovy and bait net (hauling)
shares—Regions 1–7 as a component.
Part 9Real time reporting
24Reports to be made by garfish net (hauling) endorsement
holders
(1)
For the purposes of section 124A (1) of the Act,
a holder of a garfish net (hauling) endorsement is required to provide the
following information to the Secretary in relation to each catch of eastern
sea garfish 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 eastern
sea garfish.
(2)
For the purposes of section 124A (3) (a), a catch
estimate report must be made—
(a)
before the endorsement holder leaves the waters
of the fishery, or
(b)
before the endorsement holder moves more than 50
metres from where the endorsement holder landed the catch,
or
(c)
before any of the catch is removed from the boat,
or
(d)
within 30 minutes of the endorsement holder
landing the catch,
whichever occurs first.
(3)
For the purposes of section 124A of the Act, the
endorsement holder is required to provide the following information to the
Secretary in relation to a catch within 3 hours of making a catch estimate
report in relation to that catch (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 eastern sea
garfish,
(d)
where the endorsement holder landed the
catch.
(4)
For the purposes of section 68 (6A) of the Act,
it is a condition of a garfish net (hauling) endorsement that the endorsement
holder must remain in the immediate vicinity of the catch until the final
catch report has been made.
(5)
For the purposes of section 65 of the Act,
contravention of subclause (4) is an offence.
(6)
For the purposes of this clause, the weight of a
catch of eastern sea garfish is to be determined by accurate scales and
rounded to 1 decimal place.
24AReports to be made by purse seine net endorsement
holders
(1)
For the purposes of section 124A (1) of the Act,
a holder of a purse seine net endorsement is required to provide the following
information to the Secretary in relation to each catch of Australian sardine,
blue mackerel or yellowtail scad 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)
the species of fish,
(e)
an estimate of the weight of the
catch,
(f)
where the endorsement holder proposes to land the
catch.
(2)
For the purposes of section 124A (3) (a), a catch
estimate report must be made—
(a)
before any of the catch is taken 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 purse seine net endorsement is required to provide the following
information to the Secretary in relation to each catch 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.
(4)
For the purposes of section 124A (3) (a), a final
catch report must be made—
(a)
before any of the catch is taken out of New South
Wales, or
(b)
within 72 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 purse seine net endorsement that the endorsement holder
must remain in possession 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.
25Reporting 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 10General
26Adoption 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.
27Authorised amendments to Plan
For the purposes of section 64 of the Act, any
amendment to this Plan is authorised.
Part 11Transitional TAC determinations
28Transition period
In this Part, transition period means the
period starting on 6 October 2017 and ending on 30 June
2024.
29Secretary required to make TAC determinations during
transition period
(1)
The Secretary, and not the TAF Committee, is
required to make any TAC determinations that the TAF Committee would otherwise
be required to make under clause 6E for any fishing period ending on or before
30 June 2024.
(2)
The first TAC determination is to be made in
respect of the period beginning on 1 December 2017 and ending on 30 June 2018.
After that, a TAC determination is to be made in respect of each period of 12
months commencing on 1 July and ending on 30 June in the following
year.
(3)
A TAC determination under this clause is to be
made in accordance with Division 3 of Part 2A of the Act, subject to clause
30.
30Transition to TAF Committee fishing
determinations
(1)
The Minister may, during the transition period,
give directions to the Secretary as to the matters to which the Secretary is
to have regard in making any TAC determination for the fishery that the
Secretary is required to make during the transition
period.
(2)
A direction may exempt the Secretary from the
requirement to have regard to a scientific assessment in making a TAC
determination, in which case section 40M (1) of the Act does not apply to the
TAC determination.
(3)
The direction is to be given by order in
writing.
(4)
The Minister may give a direction under this
clause only if the Minister is of the opinion that the direction is necessary
to facilitate the structural adjustment of the fishery to TAF Committee
fishing determinations.
(5)
Without limiting subclause (1), a direction may
require the Secretary to have regard to the following—
(a)
historical catch or fishing effort in the
fishery,
(b)
the objective of gradually transitioning the
fishery to TAF Committee fishing determinations.
(6)
The Secretary is to make any TAC determination
that the Secretary is required to make for the fishery during the transition
period in accordance with any direction given by the Minister under this
clause.
(7)
In this clause, TAF Committee fishing
determination means a fishing determination made by the TAF
Committee under Division 2 of Part 2A of the Act.
Schedule 1Waters
closed to ocean hauling
(Clause 10)
TableWaters in which ocean hauling is
prohibited
Region 1—Upper North
Coast
Location
Description
of waters
Bogangar
Beach
The whole of the
waters adjacent to the beach from Norries Head generally northwest along the
length of the beach for a distance of 400 metres (identified by a group of
unnamed rocks).
Crabbes Creek
Beach (also known as Golden Beach)
The whole of
the waters adjacent to the beach from the intersection of the beach and an
extension of Gloria Street, generally south along the beach for a distance of
approximately 2.67km to that part of the beach adjacent to the northern end of
North Head Road.
Brunswick
River
The whole of
the waters adjacent to the shoreline on both sides of the mouth of the
Brunswick River for a distance of 1,000m, as indicated by the signposts on the
breakwall.
Seven Mile
Beach to Boulder Beach
The whole of
the waters adjacent to the shoreline between the intersection of Seven Mile
Beach and an extension of Rutherford St (indicated by the Lennox Head boat
channel) and Whites Head, excluding the boat channel.
Shelly
Beach
The whole of
the waters adjacent to the shoreline between Black Head and Ballina
Head.
Airforce
Beach
The whole of
the waters adjacent to the shoreline from the northern Evans River breakwall
generally north for a distance of 400 metres (indicated by the 4WD access
track onto the beach).
Region 2—Clarence
Location
Description of waters
Woody
Bay
The whole of
the waters adjacent to the shoreline between the northeasternmost extremity of
Woody Head and the post marked “NSWF” on the foreshore (near the
western end of the Woody Head camping ground) approximately 300 metres along
the shoreline.
Turners
Beach to Pippi Beach
The
whole of the waters adjacent to the shoreline between the southern breakwall
of the Clarence River and the vehicle access track on Pippi Beach
(approximately 700 metres south of Yamba Point), including Turners Beach,
Yamba Beach and Pippi Beach. The waters adjacent to Convent Beach are excluded
from this prohibition.
Angourie
Bay to Rocky Point (Lake Arragan entrance)
The
whole of the waters adjacent to the shoreline between Angourie Point and Rocky
Point (directly north of Red Cliff Beach) including Angourie Bay, Little
Shelley Beach, Shelley Beach and Plumbago Beach.
Region 3—North
Coast
Location
Description of waters
Park
Beach
The whole of
the waters adjacent to the shoreline between Macauleys Headland and a line
drawn east from the shoreline passing through the northern-most point of
Little Muttonbird Island (east of the entrance of Coffs
Creek).
Hungry
Head
The
whole of the waters adjacent to the shoreline from the southern training wall
of the Bellingen River for a distance of 1km travelling generally south along
the shoreline.
Nambucca
North Head
The
whole of the waters adjacent to the shoreline between the northern end of
Beilbys Beach and the southern end of Shelly Beach (Cliffy
Point).
Forster
Beach
The
whole of the waters adjacent to the shoreline from the southern side of the
mouth of the Nambucca River for a distance of 1km travelling generally
southwesterly along the shoreline.
Middle
Beach and Grassy Beach
The
whole of the waters adjacent to the shoreline between Scotts Head and Grassy
Head.
Smoky
Cape
The
whole of the waters adjacent to the shoreline between the northwesternmost
extremity of Laggers Point, following the shoreline to a point on South Smoky
Beach 3km generally southwest from Smoky Cape (that is, adjacent to Black
Rocks), including Little Bay, Gap Beach and North Smoky
Beach.
Hat
Head
The
whole of the waters adjacent to the shoreline from the northernmost extremity
of Korogoro Point, following the shoreline to a point on Killick Beach 3km
generally southwest of the Jew Bite, including Gap Beach, O’Connors
Beach and Third Beach.
Crescent
Head
The
whole of the waters adjacent to the shoreline from Little Nobby at the
southern end of Killick Beach for a distance along that beach of
1km.
North
Shore Beach
The
whole of the waters adjacent to the shoreline between the easternmost
extremity of Point Plomer to a point on North Shore Beach 3.5km generally
north of the wall travelling along the beach at Pelican
Point.
Port
Macquarie to Middle Rock Point
The
whole of the waters adjacent to the shoreline between the southern wall of the
entrance to the Hastings River and Middle Rock Point (south of Lighthouse
Beach), including Town Beach, Oxleys Beach, Rocky Beach, Flynns Beach, Nobbys
Beach, Shelly Beach, Miners Beach and Lighthouse Beach.
Grants
Beach
The
whole of the waters adjacent to the shoreline between the northern wall of
Camden Haven Inlet and a point on Grants Beach 1km along the
beach.
Region 4—Central
Location
Description of waters
Crowdy Head
to Wallabi Point
The whole of
the waters adjacent to the shoreline between the southwesternmost point of
Crowdy Head and Wallabi Point, including the entrance to the Manning River and
Old Bar Beach.
Shelly
Beach
The
whole of the waters adjacent to the shoreline of Shelly Beach (north of Red
Head and Black Head Bay).
Wallis
Lake entrance to Seven Mile Beach
The
whole of the waters adjacent to the shoreline between the Wallis Lake entrance
and the northern end of Seven Mile Beach, including Forster Beach, Pebbly
Beach, One Mile Beach, Burgess Beach, Lobster Pot Beach and McBrides
Beach.
Boomerang Beach to Blueys Beach
The
whole of the waters adjacent to the shoreline between Pimply Rock and Blueys
Beach.
Treachery Beach
The
whole of the waters adjacent to the shoreline between Treachery Head and Yagon
Gibber Headland.
Bennetts
Beach
The
whole of the waters adjacent to the shoreline for 500 metres on either side of
Bennetts Beach Surf Club.
Fingal
Beach
The
whole of the waters adjacent to the shoreline between Fingal Beach Surf Club
and a point 1km generally northeast along the beach.
Stockton
Beach
The
whole of the waters adjacent to the shoreline between the sewerage treatment
works and a point 500 metres north of the Signa shipwreck (a distance of
approximately 6.5km).
Nobbys
Head to Nine Mile Beach
The
whole of the waters adjacent to the shoreline between the southern breakwall
at Nobbys Head and the Waste Water Treatment Works at Belmont on Nine Mile
Beach, including Nobbys Beach, Newcastle Beach, Bar Beach, Dixon Park Beach,
Merewether Beach, Dudley Beach, Redhead Beach and approximately 5km of Nine
Mile Beach.
Deep
Cave Bay
The
whole of the waters adjacent to the shoreline between the northern end of
Moonee Beach and Flat Rocks Point.
Frazer
Beach
The
whole of the waters adjacent to the shoreline between the easternmost point of
Snapper Point and the easternmost point of Wybung Head. The area includes
Bongon Beach, Frazer Beach, Gravelly Beach and Deadmans
Beach.
Pebbley
Beach
The
whole of the waters adjacent to the shoreline between the easternmost point of
Norah Head and the northernmost point of Soldiers Point.
Region 6—Upper South
Coast
Location
Description of waters
Coalcliff
Beach
The whole of
the waters adjacent to the beach (known as Coalcliff Beach) north of Coalcliff
Harbour.
Scarborough Beach to Wombarra Beach
The
whole of the waters adjacent to the shoreline between the rocks at the
northern end of Scarborough Beach to the pool at the southern end of Wombarra
Beach, including Noony’s Gulf.
Austinmer Beach
The
whole of the waters adjacent to the shoreline between the southeasternmost
extremity of Bell’s Point and the pool at the southern end of Austinmer
Beach.
Boyds
Beach
The
whole of the waters adjacent to the shoreline between the southernmost
extremity of Minnamurra Point and the northwesternmost extremity end of
Cathedral Rocks.
Culburra
Beach
The
whole of the waters adjacent to the shoreline between the southern end of
Greenwell Point and the southeastern end of Culburra Beach, including Tilbury
Cove.
Cudmirrah Beach to Monument Beach
The
whole of the waters adjacent to the shoreline between the northern end of
Cudmirrah Beach and the northern end of Monument Beach.
Region 7—Lower South
Coast
Location
Description of waters
Pebbly
Beach
The whole of
the waters adjacent to Pebbly Beach in Murramarang National
Park.
Wimbie
Beach to Rosedale Beach
The
whole of the waters adjacent to the shoreline between the southern extremity
of Wimbie Beach and the northern extremity of Rosedale Beach, including
Circuit Beach, Lilli Pilli Beach, Mosquito Bay, Garden Bay, Malua Bay, Pretty
Point Bay and McKenzies Beach.
Bengello
Beach
The
whole of the waters adjacent to the shoreline between the Moruya River
breakwall and a point 500 metres generally northeast along Bengello
Beach.
Tarandore Point to Tuross Head
The
whole of the waters adjacent to the shoreline between Tarandore Point and
Tuross Head, including One Tree Beach.
Brou
Beach (also known as Wilson Hall Beach)
The
whole of the waters adjacent to the shoreline for 300 metres on each side of
the first set of rocks south of the Lake Brou opening.
Mummaga
Head to Glasshouse Rocks
The
whole of the waters adjacent to the shoreline between the northeasternmost
extremity of Mummaga Head (Dalmeny) and Glasshouse Rocks (south of Narooma
Beach), including Joshs Beach, Yabbara Beach, Duesburys Beach, Kianga Beach
(except between 1 May and 30 June in each year, both dates inclusive), Carters
Beach, Bar Beach and Narooma Beach.
Corunna
Point to Boat Harbour Point
The
whole of the waters adjacent to the shoreline between the southeasternmost
extremity of Corunna Point and the southeasternmost extremity of Boat Harbour
Point, including Mystery Bay.
Blue
Point to Breakaway Beach
The
whole of the waters adjacent to the shoreline between the northeasternmost
extremity of Blue Point and the southern end of Breakaway Beach, including
Jack Common Beach and Beares Beach.
Armonds
Bay Beach to Murrah Head
The
whole of the waters adjacent to the shoreline between the northern extremity
of Armonds Bay and the southeastern extremity of Murrah
Head.
Goalen
Head to Bunga Head
The
whole of the waters adjacent to the shoreline between the eastern extremity of
Goalen Head and the eastern extremity of Bunga Head, including Bunga
Beach.
Bengunnu Point to Picnic Beach
The
whole of the waters adjacent to the shoreline between the eastern extremity of
Bengunnu Point and the northern end of Picnic Beach.
Merimbula Beach
The
whole of the waters adjacent to the shoreline between the northern extremity
of Merimbula Beach and a point 500 metres south along that
beach.
Schedule 2Beaches
closed to ocean hauling on a seasonal basis
(Clause 11)
Column
1
Column
2
Closed
beaches
Period of
closure
All ocean beaches
bounded by Point Danger at Tweed Heads south to Goanna Headland (Evans
Headland)
From 8am Good Friday
to midnight on Easter Sunday
Bluff Beach
(Iluka)
From 1 December
to 31 January in the succeeding year
Brooms Head
Beach—that section from Cakora Point or Brooms Head, north westerly to a
line extending due east from the road bridge over the entrance to Cakora
Lagoon
From 15 December
to 15 January in the succeeding year
Station Creek
Beach (North of Red Rock)
From 1 October to
the last day in February in the succeeding year
Main Beach
(Nambucca heads)
From 1 October to
the last day in February in the succeeding year
Grassy Beach
bounded by Grassy Head and Middle Head
From 1 October to
the last day in February in the succeeding year
Front Beach
(Trial Bay)—that part extending from the western most extremity of the
beach generally easterly for 800 metres but not including the waters of
Saltwater Creek
From 20 December
to 31 January in the succeeding year
Smoky
Cape—Laggers Point south to a point due west of Black Rocks
(approximately 3,000 metres south from Smoky Cape)
From 1 October to
the last day in February in the succeeding year
Town Beach (Port
Macquarie)
From 1 October to
the last day in February in the succeeding year
Flynns
Beach
From 1 October
to the last day in February in the succeeding year
Shelly
Beach
From 1 October
to the last day in February in the succeeding year
Miners
Beach
From 1 October
to the last day in February in the succeeding year
Lighthouse
Beach—that part from the southern extremity of Tacking Point south to
Watonga Rock
From 1 October
to the last day in February in the succeeding year
Grants Beach
(North Haven Beach)—that part from the northern breakwall to Camden
Haven inlet for a distance of 1,000 metres
From 1 December
to 31 January in the succeeding year
Hat Head
Beach—that portion of Hat Head Beach for a distance of 1,000 metres from
Korogoro Creek mouth, north to a pedestrian access no. 6
Between sunrise
and sunset in the period from 15 December to 31 January in the succeeding
year
Whale
Beach
From 1 November
to the last day in February in the succeeding year
Avalon
Beach
From 1 November
to the last day in February in the succeeding year
Bilgola
Beach
From 1 November
to the last day in February in the succeeding year
Bungan
Beach
From 1 November
to the last day in February in the succeeding year
Basin
Beach
From 1 November
to the last day in February in the succeeding year
Mona Vale
Beach
From 1 November
to the last day in February in the succeeding year
Warriewood
Beach
From 1 November
to the last day in February in the succeeding year
Turimetta
Beach
From 1 November
to the last day in February in the succeeding year
Narrabeen
Beach
From 1 November
to the last day in February in the succeeding year
Collaroy
Beach
From 1 November
to the last day in February in the succeeding year
Dee Why
Beach
From 1 November
to the last day in February in the succeeding year
Manly
Beach
From 1 November
to the last day in February in the succeeding year
All ocean
beaches bounded by South Head and Cape Banks
From 1 November
to the last day in February in the succeeding year
Schedule 3Other
restrictions on areas of operation
(Clause 11A)
Column
1
Column
2
Column
3
Area
affected
Method of
fishing prohibited
Period
Trial Bay South West
Rocks
The whole of the waters within a 100 metre radius
of the following points at Trial Bay: 30°52.645′S,
153°03.175′E and 30°52.664′ S, 153°03.106′ E
which are ordinarily marked by a Transport for NSW buoy and a Department of
Primary Industries buoy.
Any method involving the use of the
following—
(a)
a purse seine net,
(b)
a pilchard, anchovy and bait net
(hauling).
All
year.
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.
All
year.
Narrabeen—Black Road Bait
Ground
The whole of the
waters known as the Black Road Bait Ground, enclosed by a line drawn east from
the eastern extremity of North Narrabeen Head for a distance of approximately
1650 metres to the 30 fathom depth contour, then southerly along the 30 fathom
depth contour to a point approximately 2650 metres due east of South Narrabeen
Surf Life Saving Club, then by a line drawn west to that Club.
Any method
involving the use of a purse seine net.
All
year.
Clovelly Beach
The whole of the
waters of Clovelly Beach (also known as Little Coogee Bay) westwards of a line
drawn from the easternmost point of the headland at Clovelly Surf Club, north
to the easternmost point of Shark Point.
Any
method.
All
year.
Port Hacking
The whole of the
waters of that part of Port Hacking north of a line drawn from the southern
extremity of Hungry Point north-easterly to a point on the northern foreshore
of Port Hacking due south of the Bass and Flinders Memorial.
Any
method.
The period from 6am Saturday to 6am Monday, or to
6pm Monday if Monday is a public holiday, in each week.
On any weekday (other than a Monday) that is a public
holiday: the period from 6am to 6pm.
Shell Harbour
The whole of the
waters of that part of Shell Harbour north-west of a line drawn from the
southern extremity of the northern breakwater to the eastern extremity of the
southern breakwater.
Any
method.
All
year.
Merimbula Fishing
Platform
The whole of the
waters within a 200m radius of the Merimbula Fishing Platform.
Any
method.
All
year.
Tathra Fishing
Platform
The whole of the
waters within a 200m radius of the Tathra Fishing Platform.
Any
method.
All
year.
Snug Cove
The whole of the
waters of Snug Cove, generally east of a line drawn from the eastern extremity
of Cattle Bay to a position 50 metres along the Eden breakwater in a westerly
direction from the Eden unloading wharf.
Any
method.
All
year.
Schedule 4Bag
limits
(Clause 17A)
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).
0.
Hauling net (general
purpose) endorsement holders—Regions 1–7.
All
waters.
Mud crab
(Scylla serrata).
0.
Hauling net
(general purpose) endorsement holders—Regions 1–7.
All
waters.
Spanner crab
(Ranina ranina).
0.
Hauling net
(general purpose) endorsement holders—Regions 1–7
All
waters.
Longfin river eel
(Anguilla reinhardtii).
0.
Hauling net
(general purpose) endorsement holders—Regions 1–7.
All
waters.
Shortfin river
eel (Anguilla australis).
0.
Hauling net
(general purpose) endorsement holders—Regions 1–7.
All
waters.
Australian
sardine (Sardinops neopilchardus).
0.
Hauling net
(general purpose) endorsement holders in any region and garfish net (hauling)
endorsement holders in any region.
All
waters.
Bass grouper
(Polyprion americanus).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Hapuku
(Polyprion oxygeneios).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Bigeye ocean
perch (Helicolenus barathri).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Blue-eye
trevalla (Hyperoglyphe antarctica).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Pink ling
(Genypterus blacodes).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Gemfish
(Rexea solandri).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Tiger flathead
(Platycephalus richardsoni).
0.
Hauling net
(general purpose) endorsement holders in any region.
All
waters.
Bluepotted
flathead (Platycephalus caeruleopunctatus).
0.
Hauling net
(general purpose) endorsement holders in any region.
All
waters.
Eastern school
whiting (Silago flindersi).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Stout whiting
(Silago robusta).
0.
Holders of the following endorsements in any
region—
(a)
hauling net (general
purpose),
(b)
garfish net (hauling),
(c)
pilchard, anchovy and bait net
(hauling),
(d)
purse seine net.
All
waters.
Schedule 5Allocation of quota shares
1Definitions
In this Schedule—
catch means the total amount of a
particular species of fish taken by an eligible shareholder as determined by
the Secretary under clause 2.
eligible shareholder
means a holder of ocean hauling—purse seine net shares who is an
eligible shareholder within the meaning of clause 6BA of Part 3A for the class
of quota shares concerned.
reporting period means
the period commencing on 1 July 2009 and ending on 30 June 2017 (both dates
inclusive).
2Secretary to determine catch
(1)
For the purposes of the allocation formula in
this Schedule, the Secretary is to determine the catch of Australian sardine,
blue mackerel and yellowtail scad in accordance with this
clause.
(2)
The catch of a species taken by an eligible
shareholder is the catch attributable to a fishing business owned by the
shareholder at 12 noon on 28 September 2018 and is to be determined on the
basis of the records of fishing activities relating to the taking of that
species that have been provided to the Secretary under sections 121 and 122 of
the Act for the reporting period.
(3)
The Secretary is to—
(a)
disregard any catch taken during the reporting
period that is attributable to a fishing business no longer owned by the
shareholder at 12 noon on 28 September 2018, and
(b)
take account of any catch taken during the
reporting period that is attributable to the shareholder because the
shareholder acquired shares of the same class under special arrangements for
fishing business buyouts during the Department’s program known as the
Adjustment Subsidy Program.
(4)
For the purposes of determining the catch of a
species taken by an eligible shareholder and by all eligible shareholders
(referred to as Ci and Ca in the formula in
clause 3), the Secretary is to disregard the shareholder’s lowest catch
of the species for a 12-month period (commencing on 1 July) taken within the
reporting period.
3Allocation of quota shares among eligible
shareholders
The number of quota shares for a particular
species to be allocated to each eligible shareholder is the number determined
in accordance with the following formula—
where—
Qi is the number of
quota shares for a particular species to be allocated to the eligible
shareholder rounded up to the nearest whole share.
Sr is the number of
purse seine net shares held by the eligible shareholder.
St is the total
number of purse seine net shares held by all eligible
shareholders.
Ci is the total catch
of the particular species by the eligible shareholder for the reporting
period.
Ca is the total catch
of the particular species by all eligible shareholders for the reporting
period.
Qr is the total
number of quota shares for the particular species issued under Part 3A (before
any rounding under this clause).
Appendix: Am 2008
(232), Sch 2.4; 2008 (521), Sch 2.4 [1] [2]; 2008 (522), Sch 5 [1]–[7];
2009 (522), Sch 2.3 [1] [2]; 2010 (114), Sch 5 [1]–[4]; 2014 (356), Sch
[1]–[4]; 2014 (399), Sch 1.6; 2016 (403), Sch 1.6; 2017 (308), Sch 1.6;
2017 (309), Sch 2 [1]–[5]; 2017 (566), Sch 6 [1]–[3]; 2017 (615),
Sch 2 [1]–[16]; 2018 (184), Sch 5 [1]–[3]; 2018 (323), Sch 6
[1]–[4]; 2018 (539), Sch 2 [1]–[17]; 2020 No 30, Sch 4.23; 2021
(482), Sch 6[1] [2].
Historical notes
Table of amending instruments
Fisheries Management
(Ocean Hauling Share Management Plan) Regulation 2006
(736). GG No 183 of 15.12.2006, p 10829. 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.
(521)
Fisheries Management Legislation
Amendment (Fishing Closures) Regulation 2008. GG No 148 of
14.11.2008, p 11049.
Date of commencement, on
gazettal.
(522)
Fisheries Management Legislation
Amendment (Fishing Gear) Regulation 2008. GG No 148 of
14.11.2008, p 11141.
Date of commencement of Sch 5, 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.
2014
(356)
Fisheries Management Legislation
Amendment (Miscellaneous) Regulation 2014. LW
13.6.2014.
Date of commencement, on publication on LW, cl
2.
(399)
Fisheries Management Legislation
Amendment (Fees, Charges and Contributions) Regulation
2014. LW 27.6.2014.
Date of commencement, 1.7.2014, cl
2.
2016
(403)
Fisheries Management Legislation
Amendment (Fees, Charges and Contributions) Regulation
2016. LW 1.7.2016.
Date of commencement, 1.7.2016, cl
2.
2017
(308)
Fisheries Management Legislation
Amendment (Fees, Charges and Contributions) Regulation
2017. LW 30.6.2017.
Date of commencement, 1.7.2017, cl
2.
(309)
Fisheries Management Legislation
Amendment (Quota Shares) Regulation 2017. LW
30.6.2017.
Date of commencement, on publication on LW, cl
2.
(566)
Fisheries Management Legislation
Amendment (Quota Management) Regulation 2017. LW
6.10.2017.
Date of commencement, 6.10.2017, cl
2.
(615)
Fisheries Management Legislation
Amendment Regulation 2017. LW 10.11.2017.
Date of commencement, 1.12.2017, cl
2.
2018
(184)
Fisheries Management Legislation
Amendment (Spanner Crab) Regulation 2018. LW
4.5.2018.
Date of commencement of Sch 5 [1] and [2], on
publication on LW, cl 2 (1); date of commencement of Sch 5 [3], 1.7.2018, cl 2
(2).
(323)
Fisheries Management Legislation
Amendment Regulation 2018. LW 29.6.2018.
Date of commencement, 1.7.2018, cl
2.
(539)
Fisheries Management Legislation
Further Amendment Regulation 2018. LW 21.9.2018.
Date of commencement of Sch 2 [1]–[11] [14] [15]
and [17], on publication on LW, cl 2 (1); date of commencement of Sch 2 [12]
[13] and [16], 1.5.2019, cl 2 (3).
2020
No 30
Statute Law
(Miscellaneous Provisions) Act 2020. Assented to
27.10.2020.
Date of commencement of amendments made by Sch 4,
22.1.2021, sec 2(4).
2021
(482)
Fisheries Management Legislation
Amendment Regulation 2021. LW 27.8.2021.
Date of commencement, on publication on LW, cl
2.
Table of amendments
Appendix
Am 2008 (232), Sch 2.4; 2008
(521), Sch 2.4 [1] [2]; 2008 (522), Sch 5 [1]–[7]; 2009 (522), Sch 2.3
[1] [2]; 2010 (114), Sch 5 [1]–[4]; 2014 (356), Sch [1]–[4]; 2014
(399), Sch 1.6; 2016 (403), Sch 1.6; 2017 (308), Sch 1.6; 2017 (309), Sch 2
[1]–[5]; 2017 (566), Sch 6 [1]–[3]; 2017 (615), Sch 2
[1]–[16]; 2018 (184), Sch 5 [1]–[3]; 2018 (323), Sch 6
[1]–[4]; 2018 (539), Sch 2 [1]–[17]; 2020 No 30, Sch 4.23; 2021
(482), Sch 6[1] [2].