1 Name of Regulation
This Regulation is the Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006.
2 Commencement
This Regulation commences on 5 February 2007.
3 Ocean Hauling Share Management Plan
The Ocean Hauling Share Management Plan set out in the Appendix to this Regulation has effect.
Appendix
(Clause 3)
Part 1 Preliminary
1 Name of plan
This is the Ocean Hauling Share Management Plan.
2 Definitions
(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 Division 3 of Part 2 of the Fisheries Management (General) Regulation 2010.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 2 Objectives of plan
3 Objectives, 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
Part 3 Description 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.
4 Regions 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.
5 Classes of share
There are 30 classes of share available in the fishery, being the following classes:(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.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 paragraph (f) were issued as a further class of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
6 Types 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 3A Quota management
6A New class of shares
(1) The class of shares known as ocean hauling—eastern sea garfish quota shares are available in the fishery.(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 .
6B Criteria for issue of quota shares
(1) A person is eligible to be issued with quota shares if the person is an eligible shareholder in relation to those shares.(2) A person is an 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.(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).
6C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance with the determination under clause 6B.(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.
6D Appeals to Share Appeal Panel
(1) A person who has been issued with quota shares may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued to the person.(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.
6E TAF 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 9 of this Plan.Note—Part 9 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.
6F Taking 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 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.(2) For the purposes of section 65 of the Act, contravention of this clause is an offence.(3) A shareholder cannot be proceeded against or convicted for both an offence against section 65 and section 68 in respect of the same conduct.
Part 4 Minimum and maximum shareholdings
7 Minimum 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, subject to subclause (2), 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) The minimum shareholding in relation to a class of shares is, if the shareholder is an original entitlement holder in relation to that class of shares, 1 share of that class.(3) Subclause (2) ceases to apply in respect of a class of shares held by a shareholder if the shareholder transfers, assigns, forfeits or surrenders any shares of that class or if any shares of that class are cancelled after the commencement of this Plan (in which case subclause (1) applies to the shareholder).(4) For the purposes of this clause, an original entitlement holder, in relation to a class of shares, is a person who:(a) held shares of that class immediately before the commencement of this Plan, and(b) was, immediately before the commencement of this Plan, 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 is issued with shares of a class 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 the commencement of this Plan, is taken to be an original entitlement holder in relation to that class of shares.(6) The shares relied on to meet the minimum shareholding requirement must all be a component of the same ocean hauling fishing business.Table
8 Maximum 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 5 Species that may be taken
9 At 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
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)
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)
Blue mackerel (Scomber australasicus)
Pilchard (Sardinops neopilchardus)
Yellowtail scad (Trachurus novaezelandiae)
Whitebait spp. (Family CLUPEIDAE/GALAXIIDAE)
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)
Part 6 Areas and times of operation
10 Waters 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).
11 Beaches 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.
11A Other 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.
12 Hauling 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.
13 Garfish 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 6A Fishing 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 1 Use of fishing gear
13A Hauling 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 one other commercial fisher (who is the holder of a hauling net (general purpose) endorsement or general ocean hauling endorsement for the region concerned),(i) the net is deployed from, and hauled to, a beach.(2) It is lawful for the holder of a general ocean hauling endorsement to assist the holder of a hauling net (general purpose) endorsement in the operation of a hauling net in accordance with this clause.(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.Table Hauling net (general purpose)
13B Garfish 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) the net is operated with the assistance of at least one other commercial fisher (who is the holder of a garfish net (hauling) endorsement or general ocean hauling endorsement for the region concerned).(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) It is lawful for the holder of a general ocean hauling endorsement to assist the holder of a garfish net (hauling) endorsement in the operation of a hauling net in accordance with this clause.(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.Table Garfish net (hauling)
13C Pilchard, 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) the net is operated with the assistance of at least one other commercial fisher (who is the holder of a pilchard, anchovy and bait net (hauling) endorsement or general ocean hauling endorsement for the region concerned).(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) It is lawful for the holder of a general ocean hauling endorsement to assist the holder of a pilchard, anchovy and bait net (hauling) endorsement in the operation of a hauling net in accordance with this clause.(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.Table Pilchard, anchovy and bait net (hauling)
13D Purse 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.Table Purse seine net
Division 2 Registration of fishing gear
13E Registration of fishing gear
For the purposes of section 22 of the Act, the following classes of fishing gear are registrable:(a) garfish net (hauling),(b) hauling net (general purpose),(c) pilchard, anchovy and bait net (hauling),(d) purse seine net.
13F Applications for registration
An application for registration of fishing gear is to be made to the Secretary in a form approved by the Secretary.
13G Registration
(1) If an application for the registration of fishing gear is duly made and the fishing gear may lawfully be used in the fishery, the Secretary may register the fishing gear.(2) Registration of fishing gear is to be certified in such form or manner as the Secretary approves.(3) Registration remains in force for the life of the fishing gear.(4) The fee to be paid for the registration of fishing gear is $30.(5) Registration is not transferable.(6) The Secretary may cause to be compiled a register of all fishing gear registered, containing in respect of each fishing gear the registration number, the name and address of the owner, the class of the fishing gear and the dimensions and mesh of the whole or of each part of the fishing gear.
Part 7 General requirements in relation to taking fish
14 Taking of fish with the assistance of others
(1) 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 or otherwise engage in any ocean hauling operations in the fishery with the assistance of any other person, unless the other person holds a general ocean hauling endorsement and the region specified in that other person’s endorsement is the same as the region specified in the first person’s endorsement.(2) This clause does not apply to the taking of fish in the fishery from ocean waters (but not from the shore) by use of a purse seine net.
15 Evidence 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.
16 Display 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.
17 Use 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.
18 Boat 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
Part 7A Rights 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 2010. 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 1 General
18A Fishing 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).
18B Endorsement 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 2 Rights of priority
18C Priority 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 licensed fishing 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 a hauling net (general purpose) endorsement and such number (if any) of other endorsement holders that are required to effectively operate the net in use or intended to be used from the boat from which it is being or will be used.(3) A fisheries officer is to determine the number of endorsement holders required to effectively operate a net and that determination is final and conclusive.(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:(a) 4 endorsement holders, or(b) in respect of particular waters, such greater number of endorsement holders as is determined by a fisheries officer as being required to effectively operate the net in use or intended to be used.(7) This clause applies whether or not the ocean beach is a recognised fishing ground (within the meaning of the Fisheries Management (General) Regulation 2010).(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 8 General
19 Adoption 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.
20 Authorised amendments to Plan
For the purposes of section 64 of the Act, any amendment to this Plan is authorised.
Part 9 Transitional TAC determinations
21 Transition period
In this Part, transition period means the period starting on 6 October 2017 and ending on 30 June 2024.
22 Secretary 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 23.
23 Transition 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 1 Waters closed to ocean hauling
(Clause 10)
Table Waters 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 2 Beaches 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 3 Other 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 Roads and Maritime Services 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:
| 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. |
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].